HomeMy WebLinkAboutJanuary 22, 2007 Regular
CITY OF COLUMBIA HEIGHTS
ADMINISTRA TION
Mavar
Gary L Pelerson
Coulicilmeiilbefs
Robert A. Wi/liams
Bruce Nawrocki
Tammera Ericson Diehm
Bruce Kel::enberg
Cltv Mana"er
Walter R. Fehst
590 40th Avenue N.E.. Columbia Heights. MN 55421-3878 (763) 706-3600TDD (763) 706-3692
Visit Our Website at: IVlVw.ci.columbia-heigJlls.mll./Is
The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday,
January 22, 2007 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)
OATHS OF OFFICE administered by the Deputy City Clerk to the Mayor and Councilmembers - Gary
Peterson, Tami Diehm, and Bruce Kelzenberg
1. CALL TO ORDERlROLL CALLIINVOCA TION
Invocation by Pastor Dave Briley, Oak Hill Baptist Church
2. PLEDGE OF ALLEGIANCE
3. ADDITIONS/DELETIONS TO MEETING AGENDA
(The Council, upon majority vote of its members, may make additions and deletions to the agenda. These
may be items brought to the attention of the Council under the Citizen Forum or items submitted after the
agenda preparation deadline.)
4. PROCLAMATIONS. PRESENT A TIONS. RECOGNITIONS AND GUESTS
A) Proclamations - none
B) Presentations - Metropolitan Council Livable Community Grant presented by Tony Pistilli,
Metropolitan Council
C) Introduction of New Employees - none
D) Recognition - none
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:
I) Approve City Council Meeting Minutes for January 8, 2007 regular City Council meeting
MOTION: Move to approve the minutes of the January 8, 2007 regular City Council meeting as
presented.
P6
2) Accept Boards and Commissions Meeting Minutes
A) Accept minutes of the January 2,2007 Library Board meeting.
PI6
3) Establish Work Session meeting dates for January 29 and February 5, 2007, beginning at 7:00 p.m.
in Conference Room 1 and Commission interviews prior to the February 5, 2007, meeting. PI8
City Council Agenda
January 22, 2007
Page 2 of 5
MOTION: Move to establish Work Session meeting dates for January 29 and February 5, 2007
beginning at 7:00 p.m. in Conference Room 1 and Commission interviews prior to the February 5,
2007 meeting.
Upcoming Work Session Items:
January 29 - Liquor Store discussion and establish work session dates for 2007
February 5 - Contract for Architectural and Construction management services for the new Liquor
Stores, City Newsletter - review options other cities use, discussion with the Library Board - future
of the Library, review refuse/recycling operations and proposed changes
4) Establish date for the 2007 Local Board of Review PI9
Move to establish the date for the Local Board of Review meeting for Monday, April 16, 2007, at
7:00 p.m. in the City Council Chambers.
5) Appoint Mayor and City Manager to Fire Department Volunteer Relief Association Board of
Trustees for 2007 P20
MOTION: Move to appoint the Mayor and City Manager to the Columbia Heights Fire Department
Volunteer Relief Association Board of Trustees for 2007.
6) Appointment to the Traffic and Telecommunications Commissions
MOTION: Move to appoint Kevin Doty to the Traffic Commission for the vacant term to expire
April 2009 and appoint Robert Peltier to the Telecommunications Commission for the vacant term to
expire April 2007.
7) Approve premises permit application Class B for Columbia Heights Athletic Boosters to conduct
charitable gambling activities at Sarna's Grill
MOTION: Direct the City Manager to forward a letter to the State Charitable Gambling Control
Board stating that the City of Columbia Heights has no objection to the issuance of a Class B
premises permit for the Columbia Heights Athletic Boosters Club in conjunction with activities at
Sarna's Grill, 3939 University Avenue NE, Columbia Heights, MN; and furthermore, that the City
Council hereby waives the remainder of the sixty-day notice to the local governing body.
8) Approve the items listed for rental housing license applications for January 22.2007
MOTION: Move to approve the items listed for rental housing license applications for January 22,
2007.
9) Approve Business License Applications
MOTION: Move to approve the items as listed on the business license agenda for January 22,2007
as presented.
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 120048 through 120236 in the amount of$I,798,239.77.
6. PUBLIC HEARINGS
A) First Reading of Ordinance No. 1520, being an Ordinance amending Chapter 8, article II, City Code
pertaining to Public Nuisances
MOTION: Move to waive the reading of Ordinance No. 1520, there being ample copies available to the
public.
MOTION: Move to establish a second reading of Ordinance No. 1520 being an ordinance amending
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P2I
P26
P36
P38
P40
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City Council Agenda
January 22, 2007
Page 3 of 5
Chapter 8, Article II ofthe City Code of the City of Columbia Heights pertaining to public nuances for
February 12,2007 at approximately 7:00 p.m. in the City Council Chambers.
B) Adopt Resolution No. 2007-09, being a Resolution for abatement of violations at 4420 3m Street
MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-09,
there being ample copies available to the public.
P60
MOTION: Move to adopt Resolution No. 2007-09, a resolution of the City Council of the City of
Columbia Heights declaring the property at 4420 3rd Street N.E. a nuisance and approving the
abatement of violations from the property pursuant to City Code section 8.206.
C) Adopt Resolution No. 2007-10, being a Resolution for abatement of violations at 4141 Jefferson S1. P63
MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-10,
there being ample copies available to the public.
MOTION: Move to adopt Resolution No. 2007-10, a resolution of the City Council of the City of
Columbia Heights declaring the property at 4141 Jefferson Street N.E. a nuisance and approving the
abatement of violations from the property pursuant to City Code section 8.206.
D) Adopt Resolution No. 2007-1 L being a Resolution for abatement of violations at 4544 Stinson Blvd.
MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-11,
there being ample copies available to the public.
P66
MOTION: Move to adopt Resolution No. 2007-11, a resolution of the City Council of the City of
Columbia Heights declaring the property at 4544 Stinson Boulevard N.E. a nuisance and approving
the abatement of violations from the property pursuant to City Code section 8.206.
E) Adopt Resolution No. 2007-12, being a Resolution for abatement of violations at 4121 4th S1. P69
MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-12,
there being ample copies available to the public.
MOTION: Move to adopt Resolution No. 2007-12, a resolution of the City Council of the City of
Columbia Heights declaring the property at 4121 4th Street N.E. a nuisance and approving the
abatement of violations from the property pursuant to City Code section 8.206.
F) Adopt Resolution No. 2007-13, being a Resolution for Rental Housing License Revocation at 1211-
1213 Cherry Lane P72
MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-13,
there being ample copies available to the public.
MOTION: Move to adopt Resolution No. 2007-13, Resolution of the City Council ofthe City of
Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section
5AA08(A) ofthe rental license held by Ryan Foltz regarding rental property at 1211-13 Cheery
Lane N.E.
7. ITEMS FOR CONSIDERATION
A) Other Ordinances and Resolutions
1) First reading of Ordinance 1521, rezoning ofa portion of the property at Lot 124A. Block 1 Huset
Park from MXD to R-2A
MOTION: Move to waive the reading of Ordinance No. 1521, there being ample copies available to
the public.
P75
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City Council Agenda
January 22, 2007
Page 4 of 5
MOTION: Move to establish a second reading of Ordinance No. 1521, being an ordinance pertaining
to the rezoning of the property located at Lot 124A, Block 1 Huset Park for February 12,2007 at
approximately 7:00 p.m. in the City Council Chambers.
2) Approval of Final Plat, CUP for assisted living facility, parking setback and stall size variances.
2101 37th Avenue.
MOTION: Move to waive the reading of Resolution 2007-14, there being ample copies available to
the public.
P79
MOTION: Move to adopt Resolution No. 2007-14, approving the Final Plat for the Hart Lake
Addition, subject to the conditions outlined in Resolution No. 2007-14.
MOTION: Move to waive the reading of Resolution 2007-15, there being ample copies available to
the public.
MOTION: Move to adopt Resolution No. 2007-15, approving a Conditional Use Permit for an
assisted senior living facility located at 2101 37th A venue, subject to the conditions outlined in
Resolution No. 2007-15.
MOTION: Move to waive the reading of Resolution 2007-16, there being ample copies available to
the public.
MOTION: Move to adopt Resolution No. 2007-16, approving a 2-foot parking stall length variance
for the Comforts of Home parking lot.
MOTION: Move to waive the reading of Resolution 2007-17, there being ample copies available to
the public.
MOTION: Move to adopt Resolution No. 2007-17, approving a 19-foot front yard setback variance
for hard surface parking for the Comforts of Home parking lot.
B) Bid Considerations -none
C) Other Business
1) Elected Official Out of State Travel request P13 0
MOTION: Move to approve attendance of Mayor Peterson at the 2007 League of Minnesota Cities
Congressional City Conference in Washington DC, March 10 to March 14,2007, as budgeted
monies are available, and to authorize payment in advance for registration, airfare and lodging and
provide reimbursement for meals and incidental costs in accordance with limitations and guidelines
outlined in the city's policy for out-of-state travel by city employees.
2) Elected Official Out of State Travel request P131
MOTION: Move to approve attendance of Council member Kelzenberg at the 2007 League of
Minnesota Cities Congressional City Conference in Washington DC, March 10 to March 14, 2007,
as budgeted monies are available, and to authorize payment in advance for registration, airfare and
lodging and provide reimbursement for meals and incidental costs in accordance with limitations and
guidelines outlined in the city's policy for out-of-state travel by city employees.
3) Elected Official Out of State Travel request P132
MOTION: Move to approve attendance of Councilmember Nawrocki at the 2007 League of
Minnesota Cities Congressional City Conference in Washington DC, March 10 to March 14,2007,
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City Council Agenda
January 22, 2007
Page 5 of 5
as budgeted monies are available, and to authorize payment in advance for registration, airfare and
lodging and provide reimbursement for meals and incidental costs in accordance with limitations and
guidelines outlined in the city's policy for out-of-state travel by city employees.
4) Appoint 2007 Council President and approve 2007 Council/Staff Liaison Assignments.
MOTION: Move to appoint , as 2007 Council President.
P133
MOTION: Move to approve the recommended 2007 Council Staff Liaison Assignments.
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. Anyone who would like to speak shall state
his/her name and address for the record.
10. COUNCIL CORNER
11. ADJOURNMENT
4{~~
Walter R. est, ity Manager
WF/pvm
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OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
JANUARY 8, 2007
THESE MINUTES HAVE
NOT BEEN APPROVED.
5. A - \
The following are the minutes ofthe regular meeting of the City Council held at 7:00 p.m. on Monday,
January 8,2007 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 Williams, Councilmember Nawrocki, and Councilmember
Kelzenberg
Absent: Councilmember Diehm
Pastoral Minister Lorraine Mell, Immaculate Conception Church, gave the Invocation.
PLEDGE OF ALLEGIANCE - recited
ADDITIONS/DELETIONS TO MEETING AGENDA
Nawrocki requested to add Council appointment of the Council President and Council Commission
Liaisons, his request to attend the National League of Cities conference, and to give information on EDA
action to authorize staff to seek legislative approval to change the TIF law for Central A venue to extend,
for housing improvement purposes, the TIF district for 25 years. Peterson stated that those three items
would be taken up at the next work session, as Councilmember Diehm, City Manager F ehst, and
Community Development Director Streetar are not present. Peterson asked for a motion to put these items
on the January 17,2007 work session meeting.
Motion by Williams, second by Kelzenberg, to have the discussions for TIF legislation at the next work
session and it then be brought to the Council. Upon vote: All ayes. Motion carried.
Nawrocki stated that the TIF item would only be informational and requested it be discussed at this
meeting. Peterson stated that he would be more comfortable with staff and Councilmember Diehm
present.
Mayor Peterson removed items 6F, 60, and 6H, as the rental license requirements have been fulfiiied.
PROCLAMATIONS. PRESENT A TIONS. RECOGNITIONS AND GUESTS
Peterson stated that he would be presenting a check from the Columbia Heights Activity Fund for the
Afghanistan school supplies collection. The Activity Fund agreed to match the $875 raised, for a total of
$1,750, to buy these supplies.
Nawrocki stated that at 4341 Tyler Place, which was removed from the agenda, the back of the property
has a lot of junk on it. The vat was overflowing.
CONSENT AGENDA
Linda Magee, Assistant to the City Manager, took Councilmembers through the Consent Agenda items.
Nawrocki requested to remove item #8 for discussion.
1) Approve City Council Meeting Minutes for December 11. 2006 regular City Council meeting
Motion to approve the minutes of the December 11, 2006 regular City Council meeting as
presented.
2) Accept Boards and Commissions Meeting Minutes
a) Motion to accept the December 5, 2006 minutes of the Library Board meeting.
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City Council Minutes
January 8, 2007 .
Page 2 of 10
b) Motion to accept the January 3,2007 minutes ofthe Planning and Zoning meeting.
3) Establish Work Session meeting date for Wednesday, January 17,2007, beginning at 7:00 p.m. in
Conference Room 1.
Motion to establish a Work Session meeting date for Wednesday, January 17,2007 beginning at
7:00 p.m. in Conference Room 1.
Work session items:
1. Utility Rate Study Update
2. Hart Blvd trail & trail connections/road closure (37-39th)
3. Land lease of675 37th Avenue
4. Ordinance to amend the Public Nuisance Article of City Code
5. Proposed purchase of three emergency generators
6. Council Liaison review
7. Request to attend National League of Cities Conference
8. Traffic and Park and Recreation Commission appointment review
9. Central Avenue TIF extension legislation
10. Liquor store update
4) Establish a public heann!! date regardin!! basic service programming and equipment rates and
installation char!!es Comcast calculated in March 2006 rate filing
Motion to establish a public hearing date of Monday, February 12,2007, at 7:00 p.m. or as soon
thereafter as possible, to permit interested persons an opportunity to express their views on the
basic services programming and equipment rates and installation charges Comcast calculated in its
March, 2006, rate filing.
5) Authorization to seek bids for 2007 Miscellaneous Concrete
Motion to authorize staff to seek bids for 2007 miscellaneous concrete replacement and
installation project.
6) Blanket Purchase Orders for 2007 Purchases
Motion to authorize staff to process 2007 blanket purchase orders in an amount not-to-exceed the
2007 budget amounts for:
a. De-icing salt for salt/sanding operations purchased off the State of Minnesota Purchasing
Contract
b. Fuel (unleaded and diesel) for City vehicles from the Anoka County Cooperative
Agreement
7) Approve the Anoka County 2007 Residential Recycling Program Agreement
Nawrocki questioned where these funds would be used. Magee stated it reimburses the City for
recycling and waste abatement activities including residential recycling, drop off recycling
program, and special collection of problem materials such as tires, oil filters and fluorescent bulbs.
Kevin Hansen, Public Works Director, indicated it helps to pay for recycling at the Public Warks
Service Center and disposal fees. Magee stated reimbursement is for up to that amount, and is
submitted twice during the year. Last year we were reimbursed $47,755.10 based on the funding
formula.
Motion to authorize the Mayor and City Manager to enter into the 2007 Agreement for Residential
Recycling Program to provide cooperation between the City and the County in the implementation
of the Residential Recycling Program and to make funds of up to $45,204.72 available as
reimbursement for eligible expenses.
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City Council Minutes
January 8, 2007
Page 3 of 10
8) Adopt Resolutions 2007-07 and Resolution 2007-08. being Resolutions declaring intent to
reimburse expenditures from proceeds of bonds to be issued for municipal liquor stores on Central
Avenue and 3 7th Avenue. - removed
9) Reapl'oint Commissioners to Economic Development Authority (EDA)
Motion to approve the reappointment of Mayor Peterson and Council Members Diehm and
Kelzenberg as EDA Commissioners.
10) Real'Point Commissioners to the Housing and Redevelopment Authority (HRA)
Motion to approve the reappointment of Council Members Diehm and Kelzenberg and
Commissioner Ecklund as HRA Commissioners.
11) Approve the items listed for rental housing license applications for January 8. 2007
Motion to approve the items listed for rental housing license applications for January 8, 2007.
12) Approve Business License Applications
Motion to approve the items as listed on the business license agenda for January 8, 2007 as
presented.
13) Approve Payment of Bills
Motion to approve payment of the bills out of the proper funds as listed in the attached check
register covering Check Number 119707 through 120048 in the amount of$I,461,488.08.
Nawrocki stated the bills include payment for the employee holiday luncheon. He asked why we
do not hire a local tax paying business and stated he was informed that the caterer used was not the
low bid. Magee stated that staff is planning the Board and Commission dinner and we are
including the local caterer in the bidding. Peterson stated that Tinuccci' s has done a wonderful job
for the last four years and that the low bidder may not be the best. Nawrocki stated that the caterer
across the street from City Hall also does a wonderful job.
Motion by Kelzenberg, second by Williams, to approve the Consent Agenda items, with the exception of
item #8. Upon vote: All ayes. Motion carried.
11. Adopt Resolutions 2007-07 and Resolution 2007-08, being Resolutions declaring intent to reimburse
expenditures from proceeds of bonds to be issued for municipal liquor stores on Central Avenue and
37th Avenue.
Nawrocki stated that this has doubled the debt of the community and asked the anticipated bond
amount. Bill Elrite, Finance Director, stated the bonds would not exceed $5 million, but are estimated
in the area of $4 million. Nawrocki stated that at the end of 2005 we put $3 million in an Activity
Center fund. Since we do not know what will happen with that, we should use the liquor funds that
were put in the Activity Center fund for the liquor stores.
Motion by Nawrocki to not go ahead with municipal liquor store bonding and instead use what is left
of the $3.9 million set up for the activity center to fund the liquor store proposals.
Williams stated that funds were set aside for gym space and he does not feel it would be fair to go
back on that. He asked if there are extra liquor funds available. Elrite stated there is $1 million in
reserves. There was $500,000 set aside for the community center. The resolutions proposed only
reserve the right to bond and do not commit to bonding. Nawrocki questioned if a consultant would be
hired prior to receiving bids. Elrite stated no. The plan is to close on the properties, demolish the
structures, obtain architectural bids, and come up with final costs prior to final bonding. That should
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City Council Minutes
January 8, 2007
Page 4 of 10
be three to four months from now. Nawrocki questioned how the land purchases would be paid. Eirite
stated that the purchases would be done with current balances and internal loans. Nawrocki questioned
where the funds would be borrowed from. Elrite stated from the Capital Equipment fund.
Peterson called for a second to the motion. Motion died for lack of a motion.
Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2007-07 there being
ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Kelzenberg, second by Williams, to adopt Resolution 2007-07 being a resolution declaring
the official intent of the City of Columbia Heights to reimburse certain expenditures from the proceeds
of bonds to be issued by the City tor a municipal liquor store on Central Avenue. Upon vote: All ayes.
Motion carried.
RESOLUTION NO. 2007-07
DECLARING THE OFFICIAL INTENT OF THE CITY OF COLUMBIA HEIGHTS TO REIMBURSE CERTAIN
EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY FOR A MUNICIPAL
LIQUOR STORE ON CENTRAL AVENUE
WHEREAS, Internal Revenue Service has issued Tres. Reg. 1.140-2 providing that proceeds of tax exempt bond used to
reimburse prior expenditures will be not be deemed spent unless certain requirements are met; and,
WHEREAS, the City of Columbia Heights (the "City") expects to incur certain expenditures which may be fmanced
temporarily from sources other than bonds, and reimbursed from the proceeds of a bond;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS AS
FOLLOWS:
I. The City reasonably intends to make expenditures for the purchase of land and other expenses associated with the
construction of a municipal liquor store on Central Avenue and reasonably intends to reimburse itself for such
expenditures from the proceeds of debt to be issued by the City in one or more series in the maximum principal amount of
$3,000,000.
2. This resolution is intended to constitute a declaration of official intent for purposes of Tres. Reg. I .50-2 and any
successor law, regulating or ruling.
Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2007-08 there being
ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Kelzenberg, second by Williams, to adopt Resolution 2007-08 being a resolution declaring
the official intent of the City of Columbia Heights to reimburse certain expenditures from the proceeds
of bonds to be issued by the City for a municipal liquor store on 37th Avenue. Upon vote: All ayes.
Motion carried.
Nawrocki stated he did not vote against the motion for the Central Avenue bond as the majority of the
Council previously voted in favor of the property purchase.
RESOLUTION NO. 2007-08
DECLARING THE OFFICIAL INTENT OF THE CITY OF COLUMBIA HEIGHTS TO REIMBURSE CERTAIN
EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY FOR A MUNICIPAL
LIQUOR STORE ON 37th AVENUE
WHEREAS, Internal Revenue Service has issued Tres. Reg. 1.140-2 providing that proceeds of tax exempt bond used to
reimburse prior expenditures will be not be deemed spent unless certain requirements are met; and,
WHEREAS, the City of Columbia Heights (the "City") expects to incur certain expenditures which may be fmanced
temporarily from sources other than bonds, and reimbursed from the proceeds of a bond;
NOW THEREFORE BE IT RESOLVED BY THE cgy COUNCIL OF THE CITY OF COLUMBIA HEIGHTS AS
City Council Minutes
January 8, 2007
Page 5 of 10
FOLLOWS:
1. The City reasonably intends to make expenditures for the purchase of land and other expenses associated with the
construction of a municipal liquor store on 37th Avenue and reasonably intends to reimburse itself for such expenditures
from the proceeds of debt to be issued by the City in one or more series in the maximum principal amount of $2,000,000.
2. This resolution is intended to constitute a declaration of official intent for purposes of Tres. Reg.1.50-2 and any
successor law, regulating or ruling.
PUBLIC HEARINGS
A) Second reading of Ordinance 1519, being an Ordinance pertaining to rezoning of2101 37th Avenue
Jeff Sargent, City Planner, indicated that this property is currently zoned GB and the change is to R3,
Limited and multiple family residential. Council approved the first reading on November 13, 2006. In
conjunction with the rezoning of the property, the Comprehensive Plan was changed and the
Metropolitan Council approved the amendment in December.
Motion by Kelzenberg, second by Williams, to waive the reading of Ordinance No. 1519, there being
ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Kelzenberg, second by Williams, to adopt Ordinance 1519, being an Ordinance pertaining
to zoning and development Ordinance No. 1428, pertaining to the rezoning of a certain property
located at 2101 3 7th Avenue NE.
Nawrocki requested a review of the development and parking. Sargent stated those items would not be
heard until the next Planning and Zoning Commission meeting. This Ordinance is just for the rezoning
of the land. Nawrocki questioned the map of the area. Sargent stated there was a map included in the
agenda packet that showed the rezoning of the property. The rezoning is consistent with the adjoining
property. Sargent stated that the final plat has not yet been approved.
Upon vote: All ayes. Motion carried.
ORDINANCE 1519
BEING AN ORDINANCE PERTAINING TO THE REZONING OF A CERTAIN PROPERTY
LOCATED AT 2101-37TH AVENUE NE
SECTION I:
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; a!ld
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 2006-241, 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.
B) Continuance of Public Hearing to consider Re-assessment for 42nd Avenue
Motion by Kelzenberg, second by Williams, to open the Public Hearing of the re-assessment for 233
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January 8, 2007
Page 6 of 10
42nd Avenue for mill and overlay on 42nd Avenue and continue consideration to February 12,2007 at
approximately 7:00 p.m. in the City Council Chambers, at the request ofthe party involved. Upon
vote: All ayes. Motion carried.
C) Adopt Resolution No. 2007-06. being a Resolution ordering and levying one mid-block light on Van
Buren Street
Hansen showed a map of the area being considered. The mid-block light request is by petition. Of the
eight private lots, seven signed the petition. Hansen stated that the nine properties include the city lot,
which is a storm water overflow, and would share in the assessment costs.
Leroy Roll, 3946 VanBuren, stated he has lived there since 1952 and that there was a light on that
pole, which was changed to the SW side of the parking lot. Their light was moved one block south. He
stated that he has tried, since the light was moved, to have it replaced. He stated dissatisfaction with
the requirements to do so.
Sandy Sichak, 3938 Van Buren, stated this area is a dark hole, with problems of safety and loitering.
This light will benefit the City and the residents. She stated it would be wonderful to have a light back
on that pole.
Nawrocki asked if we are assessing mid-block lighting in the rest of the city. Hansen stated that we do
not for a single mid-block light. This request does not fall under our current policy.
Motion by Kelzenberg, second by Williams, by to waive the reading of Resolution No. 2007-06, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Kelzenberg, second by Williams, to adopt Resolution 2007-06, being a Resolution ordering
and levying one mid-block light located on Van Buren Street, known as PIR 677-37. Upon vote: All
ayes. Motion carried.
RESOLUTION NO. 2007-06
RESOLUTION LEVYING AND ADOPTING THE ASSESSMENT FOR MID-BLOCK LIGHT NO. 677-37
Adopting assessment roll according to the City Charter for the following local improvement and determining that said
improvement will be made and ratifying lii1d cOl1fuming all other proceedings, heretofore had; Special Assessment for
mid-block street light numbered 677-37
WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7;00 p.m. on the 8th day of January 2007,
in the City Council Chambers, 590 40th Avenue N.E. Columbia Heights, Minnesota, being the time and place set when and
where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the
cost of making the local improvement above described, a notice of such hearing having been heretofore duly published as
required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and,
WHEREAS, this Council has heretofore estimated the cost of such local improvement and has prepared an assessment roll
therefore,
THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES:
Section 1. That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for
Local Improvements" numbered 677-37 for mid-block street lighting.
Section 2. That this Council hereby fmds and determines that each of the lots and parcels ofland enumerated in said
assessment roll was and is especially benefited by such improvements. This Council further finds and determines that the
proper proportion of the cost of such improvement to be especially assessed against each lot or parcel of land is the amount
as billed annually by Xcel Energy Company.
Section 3. That the assessment will be added to the utility bill prepared and mailed by the City of Columbia Heights to
property owners or occupants on record with the Finance Department.
Section 4. This resolution shall take effect immediately upon its passage.
-11-
City Council Minutes
January 8, 2007
Page 7 of 10
D) Adopt Resolution No. 2007-01, being a Resolution for Rental Housing License Revocation at 5045
Johnson Street
Gary Gorman, Fire Chief, stated this is a single-family house. The house has sold and the renter is still
living there. There has been no response from the property owner.
Mayor Peterson asked if there was anyone present to represent the property. There was not.
Motion by Nawrocki, second by Williams, to waive the reading of Resolution No. 2007-01, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Nawrocki, second by Williams, to adopt Resolution No. 2007-01, Resolution of the City
Council of the City of Columbia Heights approving revocation pursuant to Ordinance Code Section
5AA08(l) of the Rental License held by James Dalkeafregarding rental property at 5045 Johnson
Street. Upon vote: All ayes. Motion carried.
RESOLUTION 2007-01
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 James Dalkaf (Hereinafter "License
Holder").
Whereas, license holder is the legal owner of the real property located at 5045 Johnson Street N.E., Columbia Heights,
Minnesota,
Whereas, pursuant to City Code, Chapter SA, 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 December 4, 2006 of an
public hearing to be held on January 8,2007.
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 November 21, 2006, inspection office staff sent a letter requesting the new 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 December 4, 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 application and failure to schedule a rental
license inspection.
4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of
this hearing according to the provisions of the City Code, Chapter SA, Article III 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 U5045 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. 2007-02, being a Resolution for Rental Housing License Revocation at 564
Huset Parkway
Gary Gorman, Fire Chief, stated the property has sold and the tenant living at the property has not
responded.
Kelzenberg asked if there are many rentals in this area and stated his surprised that there were rental
units in this new area. Nawrocki stated the rental percentage allowed is five percent.
-12-
City Council Minutes
January 8, 2007
Page 8 of 10
1. K "un.. Pet"'r"nn ask"'''! if' tl,,,,..,,, "'as "'"yon'" n""'sent tA ..",nr"''''ent th'" nroperhy Thara 'wa" "AT
l'llt.4.Jv.l.l. l.V IJV.1 " '\......U.l..1. ....u........l...... VY LUL U"" pJ.'-' UL LV l""'P vrJ 1. .. 1."" 1-' 11.. J.U\,,; \,..0 .;:) UUt..
Motion by Nawrocki, second by Williams, to waive the reading of Resolution No. 2007-02, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Nawrocki, second by Williams, to adopt Resolution No. 2007-02, Resolution of the City
Council of the City of Columbia Heights approving revocation pursuant to Ordinance Code Section
5AA08(1) of the Rental License held by Robert Machel regarding rental property at 564 Huset
Parkway. Upon vote: All ayes. Motion carried.
RESOLUTION 2007-02
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 Robert Machel (Hereinafter "License
Holder").
Whereas, license holder is the legal owner of the real property located at 564 Huset Parkway 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 November 27, 2006 of an
public hearing to be held on January 8, 2007.
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 November 27, 2006, inspection office staff sent a letter requesting the new 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 December 11, 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 application and failure to schedule a rental
license inspection.
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 1I15A.306 and 5A.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by license number U564 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.
F. Adopt Resolution No. 2007-03, being a Resolution for Rental Housing License Revocation at 656 47
12 Avenue - Removed
G. Adopt Resolution No. 2007-04, being a Resolution for Rental Housing License Revocation at 4919-
4921 Jackson Street - Removed
H. Adopt Resolution No. 2007-05, being a Resolution for Rental Housing License Revocation at 4341
Tyler Place - Removed
Nawrocki reiterated his comment that 4341 Tyler Place has junk in the back of the building.
ITEMS FOR CONSIDERATION
Nawrocki questioned discussing his attendance at the National League of Cities Conference. Peterson
-13-
City Council Minutes
January 8, 2007
Page 9 of 10
stated that others have indicated interest in attending and it would be discussed at the work session.
Peterson requested to re-address the work session to discuss moving up the time to 5:00 p.m. as two
councilmembers need to leave at 6:30 p.m.
Motion by Williams, second by Kelzenberg, to reconsider the work session time, Consent Agenda item
A3. Upon vote: All ayes. Motion carried.
Motion by Williams, second by Kelzenberg, to begin the January 17,2007, work session at 5:00 p.m.
Upon vote: All ayes. Motion carried.
ADMINISTRATIVE REPORTS
Report of the Assistant to the City Manager - nothing to report
Nawrocki
. 49th A venue, street from Grand Central Loft development, have asked for information when that
was previously authorized. They built a burm along the property with tree plantings that puts an
open ponding area in a person's backyard. They were told before the holidays that drain tile would
be installed. There is also a steep incline on the west side of the property that should have a
guardrail. This is a safety issue. If anyone would slide through the intersection they would go over
the hill. Requested better information on what would be done to alleviate the resident's concerns
and what were the original conditions agreed upon.
. Auto repair place, 3841 3rd Street - there is a car without a valid license plate.
. 47th Avenue - between Polk and Tyler, on the south side of the street, multiple unit buildings with
dumpsters that are in bad shape. They should be cleaned up and placed further back on the
property where they belong.
. Home construction on Cleveland, south of 42nd, seems to be halted. What is happening there? Are
we past the building permit time frame?
Williams
. Our ordinance states that the owners have to show progress on the Cleveland house and nothing
has happened for about two months. Magee stated we would request an update from the Building
Official. Peterson suggested speaking to the Building Official.
Report of the City Attorney -Nothing to report.
CITIZENS FORUM
Deb Johnson, 4626 Pierce, stated they had all the windows replaced in their home, with the permit pulled
by the contractor. She stated she set an appointment to have the inspector sign off on the work. He came
and checked for smoke detectors in the bedrooms and egress windows. He did not look at the new
windows. Peterson asked if the inspector was there during the installation. Johnson stated that he was not.
Peterson stated he would ask the inspector about the inspection process.
Lee Stauch, 1155 Khyber, stated his opposition to recent property purchases and the difference in the price
paid versus the property tax value. Stauch referred to his discussion with the car wash owner regarding the
new Taco Bell building and his concern that people would have to walk across a drive-through to get into
the building. Stauch stated that there should be a formula for any propeliy purchased by the city to only
pay a set amount above the property tax value. Stauch stated he wants to come in to the city offices and
check the reserve fund balances. Peterson stated that the Finance Department has already presented that
information at a public meeting, but he can get that information at City Hall.
-14-
City Council Minutes
January 8, 2007
Page ) 0 of 10
COUNCIL CORNER
Kelzenberg
. Read from the Focus on the Values First "Value of the Month - Respect." Our Police Chief, Tom
Johnson, submitted the article.
Williams
. There was a fire at the house across the street from his store. The owner sang the praises of our Fire
Department.
· Referred to a resident on Reservoir that purchased a home and then was required to make costly
improvements to the property. We were not enforcing the ordinances we had, and now we are. The
owner feels he is being harassed. It is unfortunate that people buying homes now have to bring them
up to code. This is the reason that we need a point of sale ordinance.
. Prayer for our health and respect for our citizens and one another.
Nawrocki
· As Council Liaison to the League of Cities, serve on the finance committee. City/League policies are
available for review.
Peterson
. Looking forward to a good year with great things.
. Don't take ourselves too seriously.
. Don't forget our service men and women.
. Do a random act of kindness.
ADJOURNMENT
Mayor Peterson adjourned the meeting at 8:22 p.m.
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
-15-
5-A- 2
COLUMBIA HEIGHTS PUBLIC LIBRARY
BOARD OF TRUSTEES
MINUTES
January 2, 2007
The meeting was called to order by Chair, Barbara Miller. Those members present were Barbara Miller, Catherine
Vesley, Patricia Sowada, Bruce Kelzenberg, Lynette Thomson and Becky Loader.
Nancy Hoium was absent.
It was moved, seconded, and passed to approve the minutes of the December 5,2006, Board meeting as mailed.
Bill list dated 12/19/06, was reviewed. It was moved, seconded and passed that they be paid.
Bill list dated 12/27/06, was reviewed. It was moved, seconded and passed that they be paid.
Bill list dated 12/29/06, was reviewed. It was moved, seconded and passed that they also be paid.
The 2006 accounting was reviewed
Bill list dated 1/7/07, of 2007 bills was reviewed. It was moved, seconded and passed that they be paid.
The 2007 accounting was reviewed.
Old Business:
1. A site study update from the Activity Center Advisory Committee (ACAC) was discussed. Two possible
option designs for 3 different sites were reviewed. Discussions by this group continue.
2. The Board discussed contacting Council members about a new Library building, and funding options.
After much discussion it was decided to postpone any contact until after the joint meeting between the
Foundation Board and the Library Board scheduled for January 8,2007.
3. The Board was reminded of the following policy changes effective January 2,2007:
a. Rental videoslDVD's are now checked out for a seven-day loan period.
b. There is no longer a grace period for overdue materials.
c. Courtesy notices to patrons who have elected email notification are distributed 3 days prior to the
due date.
4. The 2007 budget is approved.
5. Update on personnel vacancies was provided. Dan Marcou, evening supervisor, has resigned.
Applications for the position closed on December 30th. Interviews for applicants will be conducted the
week of January 8.
-16-
6. 2006 year-end expenditures were discussed. There are still several figures missing from the accounting
sheet. The report next month should be more accurate.
7. At the final City Council meeting of 2006 the following items were passed.
a. Anoka County Library contract.
b. Raises for the part-time Library employees.
c. Final 2007 budget.
New Business:
1. The closing of three Minneapolis Public Libraries was discussed.
2. Crossover use and monthly statistics for the months of August, September and October were reviewed.
3. The donation from Barbara Johnson was aclrnowledged.
4. The Board was updated on information about the "One Book, One County" program slated for February.
The book is The Children's Blizzard. A poster and bookmarks are ready to go. There are book
discussions scheduled at 4 different branches. The Swedish Institute will be presenting two special
presentations: "The Immigrant Trunk" and "1870's School Room".
5. The Library has been named the beneficiary of another estate. The exact amount to be distributed is not
lrnown at this time.
6. The donation policy will be reviewed at the next Library Board meeting.
There being no further business the meeting was adj oumed at 8: 15 p.m.
Respectfully submitted,
--;L~~7U?'lU 717, 9iSc~
V
Jeanine 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
-17-
COLUMBIA HEIGHTS - CITY COUNCIL LETTER
Meeting of: January 22, 2007
AGENDA SECTION: Consent
NO: 5-A-3
ORIGINATING DEPARTMENT:
Administration
ITEM: Establish Work Session
Meeting Date for Jan. 29, & Feb. 5,
2007 and commission interviews
NO:
BY: Walter R. Fehst
DATE: January 18,2007
BY~.4
DATE:
It is suggested to schedule City Council Work Session meetings for Monday, January 29, 2007
beginning at 7:00 p.m. in Conference Room I and Monday, February 5, 2007, beginning at 7:00
p.m. in Conference Room 1.
It is also suggested to interview any interested EDA applicants prior to the recommended February
5th work session.
RECOMMENDED MOTION:
MOTION: Move to establish Work Session meeting dates for January 29 and February 5, 2007
beginning at 7:00 p.m. in Conference Room I and Commission interviews prior to the February 5,
2007 meeting.
COUNCIL ACTION:
-18-
COLUMBIA HEIGHTS - CITY COUNCIL LETTER
Meeting of: January 22, 2007
AGENDA SECTION:
NO: -A-4
ORIGINATING DEPARTMENT:
Administration
CITY MANAGER'S
APPROV AL
ITEM: Establish Date for
Annual Board of Review
NO:
BY: Walt Fehst
DATE: February 17, 2007
Anoka County has requested that we select the date for the required annual Board of Review.
The date tentatively agreed upon is Monday, April 16, 2007 at 7:00 p.m. in the City Council
chambers.
Staff recommends the Council adopt the following motion:
Recommended Motion:
Move to establish the date for the Local Board of Review meeting for Monday, April 16,
2007, at 7:00 p.m. in the City Council Chambers.
COUNCIL ACTION:
-19-
CITY COUNCIL LETTER
Meeting of January 22, 2007
AGENDA SECTION:
Consent Agenda
ORIGINATING DEPARTMENT:
Fire
CITY
MANAGER
APPRO V AL
NO:
ITEM:
s-!-\-~
BY:
Gary Gorman
NO:
DATE: January 22, 2007
DATE:
Background: State Statute 424a.04 mandates that the City Council annually appoint
two trustees to the Columbia Heights Fire Department Volunteer Relief Association
board of trustees. Under the Statute one of the trustees must be an elected official
and the other can be an elected or appointed official. In the past the Mayor and City
Manager have been the two trustees appointed to the board.
Analysis/Conclusions: To maintain consistency, and to follow State Statute the Fire
Department Volunteer Relief Association is requesting the City Council to appoint
the Mayor and City Manager to the board of trustees.
RECOMMENDED MOTION: Move to appoint the Mayor and City Manager to
the Columbia Heights Fire Department Volunteer Relief Association board of
trustees for 2007.
COUNCIL ACTION:
-20-
COLUMBIA HEIGHTS - CITY COUNCIL LETTER
Meeting of: January 22, 2007
AGENDA SECTION:
NO: 5 - A - 0
ORIGINATING DEPARTMENT:
Administration
ITEM: Appointments to City
Commissions
BY: Walt Fehst
DATE: January 11, 2007
CITY MANAGER'S
APPROV AL
BY: kr/j
DATE:
NO:
Background:
Mayor Peterson has recommended the appointment of:
. Traffic Commission - Kevin Doty.
· Telecommunications Commission - Robert Peltier
Applications are being accepted for the Economic Development Authority through
February 1st. Candidates will be interviewed prior to the recommended February 5,2007
work session.
Recommended Motion: Move to appoint Kevin Doty to the Traffic Commission for the vacant
term to expire April 2009 and appoint Robert Peltier to the Telecommunications Commission
for the vacant term to expire April 2007.
COUNCIL ACTION:
.21.
(8
CITY OF COLilldBIA HEIGHTS
APPLICATION FOR APPOINTMENT
TO BOARD OR COMMISSION
BOARDS(S) OR COMM1SSIONS(S) ON WHICH YOU WOULD LIKE TO SERVE: (INDICATE
PREFERENCE: 1,2, 3, IF MORE THAN ONE)
_TELECOMMUNICATIONS COM1vfISSION LIBRARY BOARD
_ CHARTER COl\1Iv.ITSSION (Note: If applying for this X TRAFFIC COlvfMISSION
commission, please indicate if you are a qualified voter: Yes No
_ECONOMIC DEVELOP:MENT AUTHORITY _PARK. & RECREATION COM:MISSION
HUMAN SERVICES COMMISSION _PLANNING & ZONING COM:MISSION
_POLICEIFIRE CIVIL SERVICE COM:MISSION
NA1vfE: HOME PHONE:
Kevin Doty 76)-574--9606
HD:ME ADDRESS: ZIP CODE:
184-5 Fairway Drive 55421-2052
LIVED IN COLUMBIA HEIGHTS SINCE: 1999
PROPERTY OWNED IN COLUMBIA HEIGHTS (OTHER THAN RESIDENCE)
PRESENT EMPLOYER: Ci ty of' Minneapolis WORK PHONE:
612-490-5536
POSITION TITLE: Construction equipment operator
EDUCATIONAL BACKGROUND:
De La Salle High School, Associate of Arts Degre~
Anoka rtamsey Community College
I CNIC EXPERIENCE:
I
-22-
r
PLEASE STATE BRlEFL Y WIfY YOU ARE INTERESTED IN SERVING ON THIS
BOARD/COMlvfISSION FOR WHICH YOU ARE SUBlvllTTll-lG THIS APPLICATION
AND WHY YOU FEEL YOU ARE QUALIFIED;
}ast Traffic Commissioner
I AM NOT AVAILABLE FOR BOARD/C01v.f1v.fISSION MEETINGS ON THE FOLLOWING
EVENlNGS (ClRCLE):
MONDAY
TUESDAY
WEDNESDAY
THURSDAY
FRIDAY
PLEASE LIST THREE REFERENCES:
NAME ADDRESS PHONE
1.
Ed Carlson 4130 - 5th t:it~ NE
2.
Jo6anh Sturdevant 4848 - 7th St. NE
3.
! Joseph Goodman
_H
I HEREBY CERTIFY THAT THE FACTS WITHIN THE FOREGOING APPLICATION ARE TRUE
AND CORRECT TO EST OF MY KNOWLEDGE.
~_ m application to:
Deputy City Clerk
City of Columbia Heights
590 40th Avenue NE
Columbia Heights, MN 55421
(763) 706-3611 TDD (763) 706-3692
For Office Use Only:
Date received: (2 - 0&
12-17-01
-23-
r rl\
~tI
CITY OF COLUMBIA HEIGHTS
APPLICATION FOR APPOINTMENT
TO BOARD OR COMMISSION
BOARDS(S) OR COMMISSIONS(S) ON WHICH YOU WOULD LIKE TO SERVE: (INDICATE
PREFERENCE: 1,2,3, IF MORE THAN ONE)
_ ~TELECO:MMUNICATIONS COM:MISSION LIBRARY BOARD
_ CHARTER COMMISSION (Note: If applying forlhis TRAFFIC COMMISSION
commission, please indicate if you are a qualified voter: Yes No
_ECONOMIC DEVELOPMENT AUTHORITY PARK & RECREATION COMMISSION
_HUMAN SERVICES COMlv.fISSION _PLANNING & ZONING COMMISSION
POLICE/FIRE CIVIL SERVICE COMMISSION
NAME: /90 6 ..p y r E:, ;0 -R / 1/ --- Y'!,
HOME ADDRESS:
qJ- '7 W~ '-<'5 ~r N r....
LIVED IN COLUMBIA HEIGHTS S CE: I~'
PROPERTY OWNED IN COLUMBIA HEIGHTS (OTHER THAN RESIDENCE)
;/v7J ...,
HOME PHONE:
7&i /ff7 -17-4 0
ZIP CODE:
,"5- 'f11- /
PRESENT EMPLOYER: /V"'::::-,,,-,,/.= WORK PHONE:
POSITION TITLE:
S '--1/J ." r V I ~-)t: r I::::;.... T' (c/ '-
J-r' C
EDUCATIONAL BACKGROUND: 1t:>}eC I~~t/-" /)1.4".7/'"'1"'-' C-7 E /yC' j,,&"'7"\c~
CMC EXPERIENCE: Lye i1 ?
Vt--- f;l S. c:- ~,' '11 '-' 1J.c. ~(f cf .:::7 'f
e?l w -f' '-(;'t: /.1/ J 'fA 5,)} {o -A .
C L &:-. ~ / j:- ;, '5 17~ d r Ce-/e-rfl"'5-
6 ,f (--# )L (t-n~fi.- t/'-'V"I' k / rc; ).. ~I.Yf
-24-
I
----
PLEASE STATE BRlEFL Y WIfY YOU ARE INTERESTED IN SERVING ON THIS
BOARD/COMMISSION FOR WHICH YOU ARE SUBMITTING THIS APPLICA nON
AND WHY YOU FEEL YOU ARE QUALIFIED:
IVC/J- k f.'c..- I' --" '-v' ~- &( ( (' u? I~ (' c/0'/7P / /" r- c Y'
f~ TL.eJT ): ..s-f'I/'o.<~"'" ;: ~o~4"
'Y Y7(lr5 I f/1./' -,
J.-J
h ....p, ~ ~ v-.,.,. '1' c(' c. f ' . t- ....
....
i.- ~7
I AM NOT AVAILABLE FOR BOARD/COMMISSION MEETINGS ON THE FOLLOWING
EVENlNGS (CIRCLE):
MONDAY
TUESDAY
WEDNESDAY
THURSDAY
FRIDAY
PLEASE LIST THREE REFERENCES:
:-.T.A1vfE
l.
ADDRESS
PHONE
I
I
~.
I.
HEREBY CERTIFY THAT THE FACTS WITHIN THE FOREGOING APPLICATION ARE TRUE
~ CORRECT TO THE BEST OF MY KNOWLEDGE.
~i'l/(L( (? ~~
ignature
etum application to:
eputy City Clerk
ity of Columbia Heights
~O 40th Avenue NE
:>lumbia Heights, :rvm 55421
63) 706-3611 TDD (763) 706-3692
For Office Use Only:
Date received: r - () 7
:-17-01
-25-
CITY COl.JNCrr.. LETTER
Meeting of January 22, 2007
AGENDA SECTION: Consent
NO. 5 - A -1
ORIGINATING DEP.A.RTMENT
POLICE
CITY MANAGER
APPRO V AL:
BY: ~. 1}.,
DATE: t"
ITEM: Approval of Premises Permit
Application Class B for Columbia
Heights Athletic Boosters to conduct
charitable gambling activities at Sarna's
Grill
BY: Thomas Johnso~.., ~
DATE: January 18, 20~v \J
NO:
BACKGROUND
The Columbia Heights Athletic Boosters Club, Columbia Heights, Minnesota, has submitted a
premise permit application to hold legal gambling activities at Sarna's Grill, 3939 University
Avenue, Columbia Heights, Minnesota. The Athletic Boosters will be conducting pull-tabs daily
from 12:00 p.m. - 12:00 a.m. The Athletic Boosters Club has submitted a copy of the floor plan
and lease agreement with Sarna's Grill, along with Permit Application for a new site, and permit
fee.
ANALYSIS/CONCLUSION
Since the organization satisfies the City Council resolution regarding charitable gambling and
has paid the $250 permit fee, the City Manager recommends the following action.
RECOMMENDED MOTION: Direct the City Manager to forward a letter to the State
Charitable Gambling Control Board stating that the City of Columbia Heights has no objection
to the issuance of a Class B premises permit for the Columbia Heights Athletic Boosters Club in
conjunction with activities at Sarna's Grill, 3939 University Avenue N.E., Columbia Heights,
Minnesota; and furthermore, that the City Council hereby waives the remainder of the sixty-day
notice to the local governing body.
mId
07-12
Attachments
COUNCIL ACTION:
-26-
L:al~ \01 Ji ~ \
fiEIGHTS t t ~ \
\^! ~ RTHlEf/C
~oo~)rr~~
Columbia Heights Athletic Boosters
530 Mill Street N. E. Columbia Heights, MN 55421
January 12,2007
City of Columbia Heights
590 40th Avenue NE
Columbia Heights, MN 55421-3878
RE: Application to conduct Lawful
Charitable Gambling
At Sarna's Grill
3939 University Avenue
To Whom It May Concern:
The Columbia Heights Athletic Boosters Club respectfully request approval by City of
Columbia Heights to conduct Lawful Charitable Gambling at the Sarna's Grill
3939 University Avenue Columbia Heights, Minnesota. The Athletic Boosters will be
conducting pull-tabs daily, 12:00 pm - 12:00 am
I've enclosed a listing of board members, floor plan, and a copy of the lease agreement
entered into by Sarna's Grill and Columbia Heights Athletic Boosters Club. A check of
$250.00 is included to address investigation fee.
If you have any questions regarding the above, or are in need of additional information,
please do not hesitate to contact me at (763) 706- 3743.
Sincerely,
~~
Aurora Johnston
Gambling Manager
RECE\VEO
jAN 1 2 2007
COLUMbiA HEIGHTS
POLlCEDEPAR1MENT
-27-
Columbia Heights Athletic Boosters
Board of Directors
CEO: Chad Joseph Lewandowski 6/1/73
President: Mark Joseph Vescio 7/12/67
VP: Marsha Ann Stroik 12/15/53
Secretary: Gary Lee Mayer 8/18/39
Treasurer: Carole Ann Holmes 4/16/64
Directors: Katheryn Ann Mayer 9/27/45
Jeri Lynn Cole 8/3/63
Sandra Kathryn Bornetun 1/24/58
Gary Lance Peterson 11/22/37
-28-
~~
f'
I.J::;
~
~
~,'0~
r"
,
L."
!
-29-
...
"
DINING
Minnesota Lawful Gambling 5/06
LG215 Lease for Lawfui Gambiin Activi Page 1 of 2
Che~ appUcable item:
V1. Lease for new application. Submit with new premises permit application.
- 2. Renewed lease. Submit with premises permit renewal
- 3. New owner. Submit new or amended lease within 10 days after new lessor assumes ownership. Date effective _I.--J
- 4. Amended lease
· Checkthechange(s) in the lease: _Rent _Premises name _Boothlbar _Activity change _other
Date that changes will be effective ---1.--J_
· Both parties must Initial and date all changes.
· Submitchan esatleast10da s r1ortothechan e.
anizalion name
Chelik all activities that will be conducted:
~Pull..tabs _Pull-tabs with dispensing device _lipboards _Paddlewheel _Paddlewheel Wl'tn table _Bingo _Bar bingo
Pull-tab, Tipboard, and Paddlewheel Rent (No lease required for raffles.)
Booth operation.. sales of gambling equipment by an employee Bar operation" sales of gambling equipment within a leased
(or volunteer) of a licensed organization within a separate enclosure premises by an employee of the lessor from a common area where
that Is distinct from areas where food and beverages are sold. food and beverages are also sold.
r-------D~~~;~~~~~~~~~~~~~~9a~mg-------i
from a booth operation at this location? _ Yes _ No
L______~---------- ________~_________J
If you answered yes to the question above, rent limits are If you answered no to the question above, rent limits are
based on the following combinations of operation: based on the following combinations of operation:
- Booth operation .. Bar operation
- Booth operation and pull-tab dispensing device .. Bar operation with pull-tab dispensing device
- Booth operation and bar operation - Pull-tab dispensing device only
- Booth operation, bar operation, and pull-tab dispensing device
The maximum rent allowed may not exceed $1,750 In total
per month for all organizations at this premises.
Complete one option:
Option A: 0 to 10% of the gross profits per month.
Percentage to be paid %
The maximum rent allowed may not exceed $2,500 in total
per month for all organizations at this premises.
Complete one option:
Option A: 0 to 20% of the gross profits per month.
Percentage to be paid %
Option B: When gross profits are $4,000 or less per month, $0 to Option B: When gross profits are $1,000 or less per month, $0
$400 per month may be paid. Amount to be paid $ to $200 per month may be paid. Amount to be paid $
Option C: $0 to $400 per month may be paid on the first $4,000
of gross profit Amount to be paid $ '-100.00 . Plus 0% to
10% of the gross profits maybe paid per month on gross profits
over $4,000. Percentage to be palef' ~ %
Option C: $0 to $200 per month may be paid on the first $1,000
of gross profits. Amount to be paid $ . Plus 0% to
20% of the gross profits may be paid per month on gross profits
over $1,000. Percentage to be paid %
Bingo Rent
Qption 0: 0 to 10% of the, gross profits per month from all lawful ..
gambling activities held during bingo occasions, exduding barbingo.
Percentage to be paid ----'- %
Option E: A rate based on a cost per square foot not to exceed 110%
of a comparable cost per square foot for leased space, as approved by
the director of the Gambling Control Board. No rent may be paid for bar
bingo. Rate to be paid $ per square foot.
The lessor must attach documentation, verified by the organization, to
confinn the comparable rate and all applicable costs to be paid by the
organization to the lessor.
Bar Bingo Rent
_ Option F: No rent may be paid for bingo
conducted In a bar.
New Bingo Activity
For any new bingo activity not previously
Induded In a Premises Permit Application,
attach a separate sheet of paper listing the
days and hours that bingo will be conducted.
~
-30-
rr
22745
COLUMBIA HEIGHTS ATHLETIC BOOSTER CLUB, INC.
CHARITABLE GAMBLING ACCOUNT I
530 MILL STREET NE
COLUMBIA HEIGHTS, MN 55421
PAY TO THE
ORDER OFCITY OF COLUMBIA HEIGHTS
Pay: Two Hundred Fifty And 00/100
:;:
! CITY OF COLUMBIA HEIGHTS
MEMlj\,vestigative fee for new location-Sarna's
III 0 2 2 7 ... 5 III I: 0 9 . 0 0 0 . :l 21:
TWO SIGNATURES REQUIRED
a;F ~SHED WITHIN 90 DA.YS
500..,~o~L~. ..........w I
NORTHEAST BANK
MINNEAPOLIS, MN. 612-379-8811
COLUMBIA HEIGHTS, MN -763-788-9351
COON RAPIDS, MN -763-784-3533
YOUR INDEPENDENT COMMUNITY BANK
17-13-910
Date:
1/12/2007
$ 250.00
-31-
~
DOLLARS
"
j
>-
]
Minnesota Lawful Gambling
LG214 Premises Permit Application
(see Required Attachments on Page 2) Annual Fee $150
Organization information
8/05
Page 1 of 2
FOR BOARD USE ONLY
Oleck# $
Gambling premises information
Name of establishment where ambling will be conducted
SIt
Oty Township
Not the mailing address.
Do not..!!,.se2 P.O.:-b~ number:... _.J
Street address where premises is located
3'
. n own the building where the gambling will be conducted?
If no, attach LG215 Lease for Lawful Gambling Activity
Gambling bank account information
Bank name
Bank account number
Address( es) in Minnesota of all temporary and permanent 0 site storage space for gambling
equipment and records related to this site (may not be stored outside of Minnesota)
Address (Do not use a P.O. box number) City State/Zip code
Bingo occasions (including bar bingo)
Enter day and beginning/ending hours of bingo occasions (indicate A.M. or P.M.). An occasion may not exceed 8 hours.
~ Bealnnin9/Endina Hours ~ Be9inning/Endino Hours
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
.,
-32-
LG214 Premises Permit Application
Data Privacv
The information requested on this form (and any attachments)
will be used by the Gambling Control Board (Board) to
determine your qualifications to be involved in lawful gambling
activities in Minnesota, and to assist the Board In conducting a
background investigation of you. You have the right to refuse
to supply the information requested; however, if you refuse
to supply this information, the Board may not be able to
determine your qualifications and, as a consequence, may
refuse to issue you a premises permit. If you supply the
information requested, the Board will be able to process your
application.
This form may require the disclosure of your social security
number. If so, your social security number will be used to
determine your compliance with the tax laws of Minnesota.
Authorization for requiring your social seClllity number is
found at 42 U.S.C. 405 (c)(i).
Page 2 of 2
8/05
your premises permit. When the Board issues your premises
permit, all of the information that you have provided to the Board in
the process of applying for your premises permit will become public
except for your sodal security number, which remains private. If
the Board does not issue you a premises permit, all the information
you have provided in the process of applying for a premises permit
remains private, with the exception of your name and address
which will remain public. .
Private data about you are available only to the following: Board
members, Board staff whose work assignment requires that they
have access to the information; the Minnesota Department of Public
Safety; the Minnesota Attorney General; the Minnesota
Commissioners of Administration, Anance, and Revenue; the
Minnesota Legislative Auditor, national and international gambling
regulatory agendes; anyone pursuant to court order; other
individuals and agendes that are specifically authorized by state or
federal law to have access to the Information; individuals and
agendes for which law or legal order authorizes a new use or
sharing of information after this notice was given; and anyone with
your consent.
Your name and address will be public information when
received by the Board. All the other information that you
provide will be private data about you until the Board issues
Acknowledgment and Oath
I hereby consent that local law enforcement officers, the Board or agents of the board, or the commissioner of
revenue or public safety or agents of the commissioners may enter the premises to enforce the law. The Board or
agents of the board, or the commissioner of revenue or public safety or agents of the commissioners are authorized
to inspect the bank records of the gambling account whenever necessary to fulfill requirements of current gambling
rules and law. I declare that:
1. I have read this application and all information submitted to the Board is true, accurate, and complete;
2. All required information has been fully disclosed;
3. I am the chief executive officer of the organization;
4. I assume full responsibility for the fair and lawful operation of all activities to be conducted;
S. I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the Board and agree, if
licensed, to abide by those laws and rules, including amendments to them;
6. Any changes in application information will be submitted to the Board and local unit of government within 10
days of the change; and
7. I understand that failure to provide required information or providing false or misleading information may result in
the den~reV"ti~n o~nse. ,
. ~A ~ -u.vr+lh<!L.~~
Signature of Chief Executive Officer (Designee may not sign)
Print name CJ/~ I_V....,.y.... rJ-l5l,_r':.J::~
. I
If ItlD"}
Date
Required Attachments
1. If the premises is leased, attach a copy of your lease.
Use form LG215 Lease for Lawful Gambling Activity.
2. Attach the resolution from the local unit of government
(dty or county) which shows approval of your application.
3. For each premises permit application, a $150 annual premises
permit fee Is required. Make the check payable to the .State
of Minnesota."
Mall the application with attachments to:
Gambling Control Board
1711 West County Road B, Suite 300 South
Roseville, MN 55113
NCJI1:: There Is a monthly regulatory fee of 0.1%
(.OOl) of gross receipts from lawful gambling
conducted at the site. The fee is reported on
the Gl Lawful Gambling Monthly SUmmary and
Tax Return and paid with the monthly tax
report.
Questions? Call the Ucensing Section of the Gambling Control
Board at 651-639-4000. If you use a TIY, call the Board by using
the Minnesota Relay Service and ask to place a call to 651-639-
4000.
This form will be made available in alternative format (I.e. large
orint. Braille) uoon reauest.
~
-33-
Minnesota
Gambling Control
Board
has issued
Lawful Gambling License
02072
to
Columbia Heights Athletic
Boosters Club
Effective Date: Jan 1 2007
Expiration Date: Dee 31 2008
Licensing Supervisor
Chad Joseph Lewandowski
Columbia Heights Athletic Boosters Club
530 Mill St NE
Columbia Heights, MN 55421
Issued by:
Minnesota Gambling Control Board
Suite 300 South
1711 W. County Road B
Roseville, MN 55113
"'
-34-
Minnesota
Gambling Control
Board
has issued
Gambling Manager License
G-02072-004
Columbia Heights Athletic
Boosters Club
to
Aurora Johnston
Effective Date: Jan 1 2007
Expiration Date: Dee 31 2008
Licensing Supervisor
Chad Joseph Lewandowski
Columbia Heights Athletic Boosters Club
530 Mill St NE
Columbia Heightsr MN 55421
Issued by:
Minnesota Gambling Control Board
Suite 300 South
1711 W. County Road B
Roseviller MN 55113
..,
-35-
AGENDA SECTION: CONSENT
5 - A- ~
NO:
ITEM:
Rental Housing
Licenses
NO:
CITY COUNCIL LETTER
Meeting of Januarv 22, 2007
ORIGINATING DEPARTMENT:
Fire
BY:
BY:J
Gary Gorman
DATE: January 22, 2007
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 January 22, 2007.
COUNCIL ACTION:
-36-
Occupany J.D.
10160
12098-
10222
10152
10216
12080
20060
10220
10074
10003
30154
10001
20206
20160
10203
01/16/2007
L1CENSE_Ltr to Approve Licenses 2006
Property Owner Name
MDC 2000
Ahmed Abdelhakim
Russell Bednarski
Stephen Burson
Constanina Byers
David Holton
John Majewski
Antonio Manjarrez
Sunday Olateju
Steve Peterson
Boopendra Phalgoo
Maria Romero
Ron Sanford
Mike Sowers
Jon Williams
Property Address
968 42ND
4518 FILLMORE
99941ST
3931 JACKSON
99941ST
65647 1/2
4995 Tyler
4800 4TH
4135 JEFFERSON
3805 2ND
4341 Tyler
563 38TH
4914 Tyler
1272 CIRCLE TERRACE
3922 ARTHUR
11 :44
-37-
Page 1
CITY COUNCIL LETTER
Meeting of: January 22, 2007
AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER
NO: E-A.~ License Department APPROV AL
ITEM: License Agenda BY: Shelley Hanson~ '\\ DATE:
BY: 4~~
NO: DATE: January 18, 2007 -
-/ '
BACKGROUNDI ANALYSIS
Attached is the business license agenda for the January 22, 2007 City Council meeting. This agenda
consists of applications for Contractor licenses for 2007, and a Tobacco License for Columbia Market,
and a temporary WinelBeer license for Immaculate Conception for their Follies event February 16-18,
2007.
At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied
Application. This means that the data privacy form has been submitted as required. If not submitted,
certain information cannot be released to the public.
RECOMMENDED MOTION:
Move to approve the items as listed on the business license agenda for January 22,2007 as presented.
COUNCIL ACTION:
-38-
TO CITY COUNCIL January 22, 2007
*Signed Waiver Form Accompanied Application
2007 BUSINESS LICENSE AGENDA
CONTRACTORS LICENSES
* Royalton Htg 4120 85th Ave No. Brk Pk
*Louis DeGideo Serv 21033 Heron Way, Lakeville
*Corporate Mechanical 5114 Hillsboro Ave No, New Hope
*Master Mechanical 1027 Gemini Rd. Eagan
BLDG
*St Paul Plumbing & Htg
*Delson Plumbing
*Nowthen Plumbing
*Northridge Plumbing
*Valley-Rich Co.
*Roger Vadnais Plumbing
Key MetaIcraft
*Ryan Plumbing & Htg
*Duall Service Cont
*Corporate Const. Ser
*Lawrence Signs
*Install this Awning
*Sign A Rama
640 Grand Ave, St Paul
1308 42 ~ Ave NE, CH
19960 Ferret St NW, Elk River
6960 Madison Ave W, Golden Valley
147 No. Jonathan Blvd. Chaska
4771 Bald Eagle Ave, Wht Bear Lk
8201 Pleasant Ave So, Bloomington
811 University Ave, St. Paul
636 39th Ave, Col. Hts
556 40th Ave, Col. Hts
945 Pierce Butler Rte, St Paul
5345 4th St N. Brk Center
1050 33rd Ave SE, Mpls
POL
CIGARETTErrOBACCO LICENSE
*Columbia Market 4901 University Ave
(Subject to Police Approval)
$60.00
$60.00
$60.00
$60.00
$60.00
$60.00
$60.00
$60.00
$60.00
$60.00
$60.00
$60.00
$60.00
$60.00
$60.00
$60.00
$60.00
$300
$300
POL
WINE/BEER TEMPORARY LICENSE
*Immaculate Conception 4030 Jackson St. Col. Hts.
February 16-18, 2007
-39-
5 -A/1D
CITY OF COLUMBIA HEIGHTS
FINANCE DEPARTMENT
COUNCIL MEETING OF: Jt\JviMJNYlj ~j" 1tJJ 7
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF COLUMBIA HEIGHTS
Motion to approve payment of biDs out of the proper funds, as listed in the attached
check register covering Check Number J 100 '+2 through J'2- tr2-3h
in the amount of $ Ii lqg, 2?ll. 7 7 .
These checks have been examined and found to be legal charges against the CITY OF
COLUMBIA HEIGHTS, and are hereby, recommended for payment.
-40-
ACS FINANCIAL SYSTEM
01/18/2007 11:54:09
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...... .01/22/2007 COUNCIL LISTING
INCLUSIONS:
Fund & Account..............
thru
Check Date.. . . . . . . . . . . . . . . . .
Source Codes................
Journal Entry Dates.........
Journal Entry Ids....... ....
Check Number. . . . . . . . . . . . . . . .
thru
thru
thru
thru
120048 thru 120236
proj ect. . . . . . . . . . . . . . . . . . . . .
Vendor. . . . . . . . . . . . . . . . . . . . . .
Invoice. . . . . . . . . . . . . . . . . . . . .
Purchase Order........ ......
Bank....................... .
Voucher ....................
Released Date.... ...........
Cleared Date................
thru
thru
thru
thru
thru
thru
thru
thru
Run Instructions:
Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP
J COUNCIL 02 P4 Y S 6 066 10 Y Y
-41-
ACS FINF~CIAL SYSTEM
01/18/2007 11
CITY OF COLUMBIA HEIGHTS
GL540R-V06.70 PAGE 1
BANK
VENDOR
Check History
01/22/2007 COUNCIL LISTING
CHECK NUMBER
AMOUNT
BANK CHECKING ACCOUNT
VIKING ELECTRIC SUPPLY
CITY OF COLUMBIA HEIGHTS
POSTAGE BY PHONE RESERVE
LALA-NIOLA/J.L.
MELEYCO PARNERSHIP NO 2
NORTHEAST BANK
ACS FIREHOUSE SOLUTIONS
ALLIED/BFI WASTE SYSTEMS
F~ERICAN BOTTLING COMPAN
ANOKA COUNTY TREASURER
BELLBOY BAR SUPPLY
BELLBOY CORPORATION
BERLSON IMPORTS
CAPITOL BEVERAGE SALES L
CHISAGO LAKES DISTRIBUTI
CHOICE POINT SERVICES
CITY WIDE WINDOW SERVICE
COCA-COLA BOTTLING MIDWE
DEX MEDIA EAST LLC
EDLUND/DORINDA
EHLERS & ASSOCIATES INC
ENGQUIST/SANDRA
EXTREME BEVERAGE
FANTLE/KAREN
FARNER-BOCKEN
G & K SERVICES
GENUINE PARTS/NAPA AUTO
GRIGGS-COOPER & CO
HOHENSTEINS INC
IMMACULATE CONCEPTION CH
J & S MARKETING
JAMES/VAN
JJ TAYLOR DIST OF MN
JOHNSON BROS. LIQUOR CO.
KIWI KAI IMPORTS
LUND/TIM
MARGRON SKOGLUND WINE 1M
MARK VII DIST.
METRO FIRE, INC
MINNESOTA WINEGROWERS CO
MN REC & PK ASSOC - MRP
MURRAY/DEBBIE
NEEDHAM DISTRIBUTING CO
NEXT DAY GOURMET
NORDLUND/JOHN
PETTY CASH - JOANNE BAKE
PHILLIPS WINE & SPIRITS
120048
120049
120050
120051
120052
120053
120054
120055
120056
120057
120058
120059
120060
120061
120062
120063
120064
120065
120066
120067
120068
120069
120070
120071
120072
120073
120074
120075
120076
120077
120078
120079
120080
120081
120082
120083
120084
120085
120086
120087
120088
120089
120090
120091
120092
120093
120094
143.49
104,831.73
6,000.00
20,000.00
25,000.00
271,276.00
100.00
89,016.61
469.40
100.00
26.22
12,704.48
32.00
44,199.34
9,270.07
168.00
17.04
3,051.70
287.50
1,000.00
731.00
22.95
640.00
24.00
10,045.66
199.27
97.70
55,796.82
8,334.72
855.00
140.00
87.38
46,276.11
10,627.97
2,785.21
35.84
1,125.45
26,133.87
119.95
77.75
45.00
30.25
239.50
841. 35
41.30
99.17
3,649.47
-42-
ACS FINANCIAL SYSTEM
01/18/2007 11
CITY OF COLUMBIA HEIGHTS
GL540R-V06.70 PAGE 2
BANK
VENDOR
Check History
01/22/2007 COUNCIL LISTING
CHECK NUMBER
AMOUNT
BANK CHECKING ACCOUNT
QUALITY WINE & SPIRITS
SAM'S CLUB
SHAMROCK GROUP/ACE ICE
SPANNAUS/ALLISON
TDS METRO COM
TONG/AMY
UPPGAARD/MARIE
VERIZON WIRELESS
VINOCOPIA INC
WABASHA PROPERTIES
WEBER/PAT
WEINER/MELISSA
WINDSCHITL/KEITH
WINE COMPANY/THE
WINE MERCHANTS
WORLD CLASS WINE
XCEL ENERGY (N S P)
ARCH WIRELESS/METROCALL
BAKER/JONELL
BELLBOY BAR SUPPLY
CITY WIDE WINDOW SERVICE
COCA-COLA BOTTLING MIDWE
EMBROIDERY & MORE
FEHST/WALTER
FSH COMMUNICATIONS, LLC
GABLE/JOY
GENUINE PARTS/NAPA AUTO
GRIGGS-COOPER & CO
ICC
JOHNSON BROS. LIQUOR CO.
KOERNER/JAMES
KROLL/LORRAINE
LATAWIEC/MARY ANN
MEDICINE LAKE TOURS
MINNESOTA D.A.R.E.,INC
MOELLER/KAREN
NEXTEL COMMUNICATIONS
PESSEK/GARY
PHILLIPS WINE & SPIRITS
QUALITY WINE & SPIRITS
SCHULDT/ARLENE
SCOTT/LARRY
SMAILAGIC/MIRNES
TANTANELLA/BARBARA
VERIZON - ATTN: PREPAY D
WINDSCHITL/KEITH
XCEL ENERGY (N S P)
120095
120096
120097
120098
120099
120100
120101
120102
120103
120104
120105
120106
120107
120108
120109
120110
120111
120112
120113
120114
120115
120116
12011 7
120118
120119
120120
120121
120122
120123
120124
120125
120126
120127
120128
120129
120130
120131
120132
120133
120134
120135
120136
120137
120138
120139
120140
120141
8,368.99
11.96
482.22
20.00
446.29
3.50
3.95
255.00
1,404.00
95.00
12.99
86.03
6.38
155.20
801.55
242.00
19,540.37
32.24
24.99
1,004.45
31.95
131. 90
366.17
418.90
58.58
37.00
264.77
6,596.40
115.00
54.55
80.00
37.00
500.00
1,666.00
590.00
130.12
357.12
475.00
29.05
2,529.01
25.00
252.30
250.00
475.00
67.75
387.34
4,460.89
-43-
ACS FINANCIAL SYSTEM
01/18/2007 11
BANK
VENDOR
Check History
01/22/2007 COUNCIL LISTING
CHECK NUMBER
CITY OF COLUMBIA HEIGHTS
GL540R-V06.70 PAGE 3
BANK CHECKING ACCOUNT
YANG/YEE
CITY OF COLUMBIA HEIGHTS
ACE HARDWARE
AID ELECTRIC SERVICE INC
ALTO CONSULTING & TRAINI
AMERICAN LIBRARY ASSOCIA
AMERICAN MESSAGING
AMERIPRIDE
ANOKA COUNTY LIBRARY
ANOKA CTY - CENTRAL COMM
ASPEN MILLS, INC.
BARNA GUZY & STEFFEN LTD
BATTERIES PLUS - 028
BLUEMELS TREE SERVICE
BUETOW AND ASSOCIATES IN
BUREAU OF CRIMINAL APPRE
CAMDEN PET HOSPITAL, INC
CATCO PARTS SERVICE
CINTAS FIRST AID-SAFETY
CONTRACTORS & SURVEYORS
COORDINATED BUSINESS SYS
CSC CREDIT SERVICES
ELK RIVER FORD
EMBEDDED SYSTEMS
ENGINEERING REPRO SYSTEM
ENVIRONMENTAL SYSTEMS RE
FIDELITY SERVICES INC
FLANAGAN SALES INC
FLEX COMPENSATION, INC
FRATTALONE COMPANIES INC
FRIDLEY/CITY OF
G & K SERVICES
GENUINE PARTS/NAPA AUTO
GRAND RIOS WATER PARK RE
H & L MESABI
HD SUPPLY WATER WORKS
HEIGHTS ELECTRIC INC.
HOLIDAY STATION
HOME DEPOT #2802
HONEYWELL INC
INSTRUMENTAL RESEARCH IN
INTERSTATE POWERSYSTEMS
IPC PRINTING
KENNEDY & GRAVEN
KIWANIS COLUMBIA HTS-FRI
KIWANIS GOLDEN K FRID-CO
KLEINFEHN/DAN
120142
120143
120144
120145
120146
120147
120148
120149
120150
120151
120152
120153
120154
120155
120156
120157
120158
120159
120160
120161
120162
120163
120164
120165
120166
120167
120168
120169
120170
120171
120172
120173
120174
120175
120176
120177
120178
120179
120180
120181
120182
120183
120184
120185
120186
120187
120188
AMOUNT
500.00
177,134.72
24.76
1,885.54
2,880.00
110.00
181.07
43.48
2,737.74
1,341.30
202.25
13,592.00
139.45
16,611.25
21.70
630.00
2,519.00
133.00
333.59
100.73
359.00
75.00
495.23
873.12
101.11
1,214.18
5,167.90
2,733.86
832.75
262.82
1,075.00
667.90
171.64
231. 47
1,522.20
615.56
46.00
1,500.00
23.41
18,861.25
621.15
202.49
95.88
6,549.10
500.00
500.00
293.01
-44-
ACS FINANCIAL SYSTEM
01/18/2007 11
BANK
VENDOR
Check History
01/22/2007 COUNCIL LISTING
CHECK NUMBER
CITY OF COLUMBIA HEIGHTS
GL540R-V06.70 PAGE 4
BANK CHECKING ACCOUNT
LANO EQUIPMENT CO.
MAC QUEEN EQUIPMENT CO.
MAHCO
MARSHALL CONCRETE PRODUC
MARTIN-MCALLISTER
MCGUIRE MECHANICAL SERVI
MEDTOX LABORATORIES, INC
MENARDS CASHWAY LUMBER-F
METRO COUNCIL ENVIROMENT
METRO EMERGENCY MANAGER'
METRO FIRE, INC
METROPOLITAN COUNCIL WAS
MGIA
MIDWAY FORD
MINNEAPOLIS FINANCE DEPT
MINNEAPOLIS FINANCE DEPT
MINNEAPOLIS SAW CO.
MINNESOTA LIBRARY ASSOC.
MN DEPT OF LABOR & INDUS
NATIONAL LEAGUE OF CITIE
NORTHEAST BANK
NORTHERN AIR
NORTHERN WATER WORKS SUP
OFFICE DEPOT
OFFICE SUPPLY CONNECTION
OLSON'S PLUMBING
PIONEER PRESS
POS PAPER.COM
PREMIUM WATERS INC
RDO EQUIPMENT
RICOH BUSINESS SYSTEMS
SCHELEN GRAY ELECTRIC
SHERWIN WILLIAMS
SISTER CITIES INTERNATIO
STAPLES BUSINESS ADVANTA
STAR TRIBUNE
STREICHER'S GUN'S INC/DO
SUN PUBLICATION
THE CLEAN TEAM
TKDA, INC
TOUSLEY FORD
TR COMPUTER SALES
TWIN CITY AREA LABOR MGM
VERIZON WIRELESS
VIKING ELECTRIC SUPPLY
VISU-SEWER CLEAN & SEAL
WW GRAINGER, INC
120189
120190
120191
120192
120193
120194
120195
120196
120197
120198
120199
120200
120201
120202
120203
120204
120205
120206
120207
120208
120209
120210
120211
120212
120213
120214
120215
120216
120217
120218
120219
120220
120221
120222
120223
120224
120225
120226
120227
120228
120229
120230
120231
120232
120233
120234
120235
AMOUNT
119.14
366.76
30.00
6,030.08
700.00
2,500.00
29.66
383.29
10,741.50
75.00
160.35
68,308.19
50.00
1,320.54
70,565.53
54,163.56
84.60
375.00
3,400.89
1,377.00
452,588.00
685.50
1,498.46
2,282.46
150.63
40.00
100.10
59.48
23.16
60.77
2,313.08
171 . 15
1,318.79
357.00
81.43
459.20
169.90
29.70
1,251.38
1,016.75
926.55
2,416.01
300.00
6.10
106.86
10,016.28
25.40
-45-
ACS FINANCIAL SYSTEM
01/18/2007 11
BANK
VENDOR
BANK CHECKING ACCOUNT
ZIEGLER INC
Check History
01/22/2007 COUNCIL LISTING
CHECK NUMBER
CITY OF COLUMBIA HEIGHTS
GL540R-V06.70 PAGE 5
AMOUNT
120236
22,111.75
1,798,239.77 ***
-46-
ACS FINANCIAL SYSTEM
01/18/2007 11
BANK
VENDOR
REPORT TOTALS:
CITY OF COLUMBIA HEIGHTS
GL540R-V06.70 PAGE 6
Check History
01/22/2007 COUNCIL LISTING
CHECK NUMBER
AMOUNT
1,798,239.77
RECORDS PRINTED - 001007
-47-
ACS FINANCIAL SYSTEM
01/18/2007 11:54:11
Check History
CITY OF COLUMBIA HEIGHTS
GL060S-V06.70 RECAP PAGE
GL540R
FUND RECAP;
FUND DESCRIPTION
DISBURSEMENTS
----------------------------
101
201
212
240
250
261
270
415
420
433
601
602
603
604
609
651
652
701
720
880
885
887
GENERAL
COMMUNITY DEVELOPMENT FUND
STATE AID MAINTENANCE
LIBRARY
COl, HGHTS AFTER SCHOOL ENRI
TWENTY-FIRST CENTURY GRANT
DARE PROJECT
CAPITAL IMPRVMT - PIR PROJ
CAP IMPROVEMENT-DEVELOPMENT
CAP EQUIP REPLACE-WATER
WATER UTILITY
SEWER UTILITY
REFUSE FUND
STORM SEWER UTILITY
LIQUOR
WATER CONSTRUCTION FUND
SEWER CONSTRUCTION FUND
CENTRAL GARAGE
DATA PROCESSING
PERMIT SURCHARGE
PAYROLL FUND
FLEX BENEFIT FUND
90,260.78
7,315.81
3,137.33
8,159.78
24.00
326.47
590.00
8,400.91
6,089.87
21,923.03
75,891.41
69,502.05
90,016.61
1,151.99
1,036,193.63
54,163.56
3,767.38
21,055.79
3,327.78
14,142.39
269,229.06
13,570.14
1,798,239.77
TOTAL ALL FUNDS
BANK RECAP:
BANK NAME
DISBURSEMENTS
------------------ ---- ----
BANK CHECKING ACCOUNT
TOTAL ALL BANKS
1,798,239.77
1,798,239.77
-48-
CITY COUNCIL LETTER
Meeting of January 22, 2007
AGENDA SECTION: Public Hearings
ORIGINATING DEPARTMENT:
Fire
CITY
MANAGER
APPRO V AL
No.
ITEM:
u>/\
Ordinance Change
BY: Gary Gorman
#%1-
BY: ~ /;
iC I; ~.I-
.'
No:
DATE: January 10, 2007
DATE:
Background: The Fire Department and Police Department are requesting minor changes to the
existing Public Nuisances section of City Code. On the recommendation of the City Attorney the Fire
Department no longer needs to send hearing notices out via certified or registered mail. A large
percent of certified mail comes back unclaimed. This language will be changed. The Police
Department is requesting to add graffiti to the list of Public Nuisances Affecting Peace and Safety.
Graffiti was left out during the re-codification of the City Code. The Public Nuisance section of City
Code is a better fit for its placement.
Analysis/Conclusions: The change in how hearing notices are sent will speed up the
process and provide the cost saving of celiified or registered mail. Graffiti removal needs to
be added back into City Code and this ordinance will accomplish that.
RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1520, there
being ample copies available to the public.
RECOMMENDED MOTION: Move to establish a second reading of Ordinance No. 1520
being an ordinance amending Chapter 8, Article II of the City Code of the City of Columbia
Heights pertaining to public nuisances for Febmary 12, 2007 at approximately 7:00 p.m. in
the Cit~y Council Chambers.
COUNCIL ACTION:
-49-
ORDINANCE NO. 1520
BEING AN ORDINANCE AMENDING CHAPTER 8, ARTICLE II,
CITY CODE PERTAINING TO PUBLIC NUISANCES
The City of Columbia Heights does ordain:
Chapter 8, Article II of the Columbia Heights City Code, which
currently reads to wit:
ARTICLE II: PUBLIC NUISANCES
Section
8.201
8.202
8.203
8.204
8.205
8.206
8.207
Public nuisance defined
Public nuisances affecting health
Public nuisances affecting morals and decency
Public nuisances affecting peace and safety
Duties of city officers
Abatement
Recovery of cost
~ 8.201 PUBLIC NUISANCE DEFINED.
Whoever by his or her act or failure to perfoffil a legal duty intentionally does any of
the following is guilty of maintaining a public nuisance, which is a misdemeanor:
(A) Maintains or permits a condition which unreasonably annoys, injures or
endangers the safety, health, morals, comfOli or repose of any considerable number of
members of the public;
(B) Interferes with, obstructs or renders dangerous for passage any public highway
or right-of-\va)', or ',vaters used by the public; or
(C) Is guilty of c;my other act or omission declared by law or this subchapter to be a
public nuisance and for which no sentence is specifically provided.
~ 8.202 PUBLIC NUISANCES AFFECTING HEALTH.
The following are hereby declared to be nuisances affecting health:
(A) Exposed accumulation of decayed or unwholesome food or vegetable matter;
(B) All diseased animals running at large;
(C) All ponds or pools of stagnant water;
(D) Carcasses of animals not buried or destroyed within 24 hours after death;
(E) Accumulations of manure, refuse or other debris;
(F) Privy vaults and garbage cans which are not rodent-free or fly-tight or which are
so maintained as to constitute a health hazard or to emit foul and disagreeable odors;
(G) The pollution of any public well or cistern, stream or lake, canal or body of
water by sewage, industrial waste or other substances;
-50-
(H) All noxious weeds and other rank growths of vegetation upon public or private
property;
(1) Dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable
quantities;
(1) All public exposure of people having a contagious disease; and
(K) Any offensive trade or business as defined by statute not operating under local
license.
~ 8.203 PUBLIC NUISANCES AFFECTING MORALS AND DECENCY.
The following are hereby declared to be nuisances affecting public morals and
decency:
(A) All gambling devices, slot machines and punch boards, except as otherwise
authorized by federal, state or local law;
(B) Betting, bookmaking and all apparatus used in such occupations;
(C) All houses kept for the purpose of prostitution or promiscuous sexual
intercourse, gambling houses, houses of ill fame and bawdy houses;
(D) All places where intoxicating liquor is manufactured or disposed of in violation
of law or where, in violation of law, people are permitted to resort for the purpose of
drinking intoxicating liquor, or where intoxicating liquor is kept for sale or other
disposition in violation ofIaw, and all liquor and other propeliy used for maintaining
such a place;
(E) Any vehicle used for the unlawful transportation of intoxicating liquor, or for
promiscuous sexual intercourse, or any other immoral or illegal purpose.
~ 8.204 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY.
The following are declared to be nuisances affecting public peace and safety:
(A) All snow and ice not removed from public sidewalks 24 hours after the snow or
other precipitation causing the condition has ceased to fall;
(B) All trees, hedges, billboards or other obstmctions which prevent people from
having a clear view of all traffic approaching an intersection;
(C) All wires and limbs of trees which are so close to the surface ofa sidewalk or
street as to constitute a danger to pedestrians or vehicles;
(D) All unnecessary noises, odors and annoying vibrations;
(E) Obstmctions and excavations affecting the ordinary public use of streets, alleys,
sidewalks or public grounds except under such conditions as are permitted by this code or
other applicable law;
(F) Radio aerials or television antennae erected or maintained in a dangerous
manner;
(G) Any use of property abutting on a public street or sidewalk or any use of a
public street or sidewalk which causes large crowds of people to gather, obstructing
traffic and the free use of the street or sidewalk;
-51-
(H) All hanging signs, awnings and other similar stnlctures over streets and
sidewalks, or so situated so as to endanger public safety, or not constructed and
maintained as provided by ordinance;
(I) The allowing of rain water, ice or snow to fall from any building or structure
upon any street or sidewalk or to flow across any sidewalk;
(1) Any barbed wire fence less than six feet above the ground and within three feet
of a public sidewalk or way;
(K) All dangerous, unguarded machinery in any public place, or so situated or
operated on private property as to attract the public;
(L) Wastewater cast upon or pem1itted to flow upon streets or other public
properties;
(M) Accumulations in the open of discarded or disused machinery, household
appliances, automobile bodies or other material in a manner conducive to the harboring
of rats, mice, snakes or vermin, or the rank growth of vegetation among the items so
accumulated, or in a manner creating fire, health or safety hazards from such
accumulation;
(N) Any well, hole or similar excavation which is left uncovered or in such other
condition as to constitute a hazard to any child or other person coming on the premises
where it is located;
(0) Obstruction to the free flow of water in a natural waterway or a public street
drain, gutter or ditch with trash of other materials;
(P) The placing or throwing on any street, sidewalk or other public property of any
glass, tacks, nails, bottles or other substance which may injure any person or animal or
damage any pneumatic tire when passing over such substance;
(Q) The depositing of garbage or refuse on a public right-of-way or on adjacent
private property;
(R) The display of any advertisement, literature, poster, or sign of any kind on any
telephone or electric utility pole, or on a traffic sign or post erected on a public
right-of-way constihltes a public nuisance under this section; and
(S) All other conditions or things which are likely to cause injury to the person or
property of anyone.
~ 8.205 DUTIES OF CITY OFFICERS.
The City Engineer, Public Works Superintendent, Police Department, Fire
Department, Building Official, City Planner, or other designated official shall enforce the
provisions of this subchapter relating to nuisances affecting public safety. The Police
Department shall enforce provisions relating to other nuisances and shall assist the other
designated officers in the enforcement of provisions relating to nuisances affecting public
safety. Such officers shall have the power to inspect private premises and take all
reasonable precautions to prevent the commission and maintenance of public nuisances.
-52-
S 8.206 ABATEMENT.
(A) Notice. Written notice of violation; notice of the time, date, place and subject
of any hearing before the City Council; notice of City Council order; and notice of
motion for summary enforcement hearing shall be given as set forth in this section.
(1) Notice of violation. Written notice of violation shall be served by the officer
charged with enforcement on the owner of record or occupant of the premises either in
person or by certified or registered mail. If the premises is not occupied, the owner of
record is unknown, or the owner of record or occupant refuses to accept notice of
violation, notice of violation shall be served by posting it on the premises.
(2) Notice of City Council hearing. Written notice of any City Council hearing
to determine or abate nuisance shall be served on the owner of record and occupant of the
premises either in person or by certified or registered mail. If the premises is not
occupied, the owner of record is unknown, or the owner of record or occupant refuses to
accept notice of the City Council hearing, notice of City Council hearing shall be served
by posting it on the premises.
(3) Notice o/City Council order. Except for those cases determined by the city
to require summary enforcement, written notice of any City Council order shall be made
as provided in M.S. 9463.17 (Hazardous and Substandard Building Act), as it may be
amended from time to time.
(4) Notice of motion for summary enforcement. Written notice of any motion for
summary enforcement shall be made as provided for in M.S. 9463.17 (Hazardous and
Substandard Building Act), as it may be amended from time to time.
(B) Procedure. Whenever the officer charged with enforcement determines that a
public nuisance is being maintained or exists on premises in the city, the officer shall
notify in writing the owner of record or occupant of the premises of such fact and order
that such nuisance be tenllinated or abated. The notice of violation shall specify the steps
to be taken to abate the nuisance and the time within which the nuisance is to be abated.
If the notice of violation is not complied with within the time specified, the enforcing
officer shall report that fact forthwith to the City Council. Thereafter, the City Council
may. after notice to the owner or occupant and an opportunity to be heard. determine that
the condition identified in the notice of violation is a nuisance and further order that ifthe
nuisance is not abated within the time prescribed by the City Council, the city may seek
injunctive relief by serving a copy of the City Council order and notice of motion for
summary enforcement.
(C) Emergency procedure; summary enforcement. In cases of emergency, where
delay in abatement required to complete the notice and procedure requirements set forth
in divisions (A) and (B) of this section will permit a continuing nuisance to unreasonably
endanger public health, safety or welfare, the City Council may order summary
enforcement and abate the nuisance. To proceed with summary enforcement, the officer
charged with enforcement shall detemline that a public nuisance exists or is being
maintained on premises in the city and that delay in abatement of the nuisance will
unreasonably endanger public health, safety or welfare. The enforcement officer shall
notify in writing the occupant or owner of the premises of the nature of the nuisance and
of the city's intention to seek summary enforcement and the time and place of the City
Council meeting to consider the question of summary enforcement. The City Council
-53-
shall detemline whether or not the condition identified in the notice to the owner or
occupant is a nuisance, whether public health, safety or welfare will be unreasonably
endangered by delay in abatement required to complete the procedure set forth in division
(A) of this section, and may order that such nuisance be immediately temlinated or
abated. If the nuisance is not immediately terminated or abated, the City Council may
order summary enforcement and abate the nuisance.
(D) Immediate abatement. Nothing in this section shall prevent the city, without
notice or other process, from immediately abating any condition which poses an
imminent and serious hazard to human life or safety.
~ 8.207 RECOVERY OF COST.
(A) Personal liability. The owner of premises on which a nuisance has been abated
by the city shall be personally liable for the cost to the city of the abatement, including
administrative costs. As soon as the work has been completed and the cost determined,
the City Clerk-Treasurer or other official designated by the City Council shall prepare a
bill for the cost and mail it to the owner. Thereupon the amount shall be immediately due
and payable at the office of the City Clerk-Treasurer.
(B) Assessment. If the nuisance is a public health or safety hazard on private
property, the accumulation of snow and ice on public sidewalks, the growth of weeds on
private property or outside the traveled portion of streets, or unsound or insect-infected
trees, the City Clerk-Treasurer shall, on or before September I next following abatement
of the nuisance, list the total unpaid charges along with all other such charges as well as
other charges for current services to be assessed under M.S. S 429.101, as it may be
amended from time to time, against each separate lot or parcel to which the charges are
attributable. The City Council may then spread the charges against such property under
that statute and other pertinent statutes for certification to the County Auditor and
collection along with current taxes the following year or in annual installments, not
exceeding ten, as the City Council may detennine in each case.
-54-
Is hereby amended to read as follows:
ARTICLE II: PUBLIC NUISANCES
Section
8.201
8.202
8.203
8.204
8.205
8.206
8.207
Public nuisance defined
Public nuisances affecting health
Public nuisances affecting morals and decency
Public nuisances af1ecting peace and safety
Duties of city officers
Abatement
Recovery of cost
9 8.201 PUBLIC NUISANCE DEFINED.
Whoever by his or her act or failure to perform a legal duty intentionally does any of
the following is guilty of maintaining a public nuisance, which is a misdemeanor:
(A) Maintains or permits a condition which unreasonably annoys, injures or
endangers the safety, health, morals, comf0l1 or repose of any considerable number of
members of the public;
(B) Interferes with, obstructs or renders dangerous for passage any public highway
or right-of-way, or waters used by the public; or
(C) Is guilty of any other act or omission declared by law or this subchapter to be a
public nuisance and for which no sentence is specifically provided.
9 8.202 PUBLIC NUISANCES AFFECTING HEALTH.
The following are hereby declared to be nuisances affecting health:
(A) Exposed accumulation of decayed or unwholesome food or vegetable matter;
(B) All diseased animals running at large;
(C) All ponds or pools of stagnant water;
(D) Carcasses of animals not buried or destroyed within 24 hours after death;
(E) Accumulations of manure, refuse or other debris;
(F) Privy vaults and garbage cans which are not rodent-free or fly-tight or which are
so maintained as to constitute a health hazard or to emit foul and disagreeable odors;
(G) The pollution of any public well or cistem, stream or lake, canal or body of
water by sewage, industrial waste or other substances;
(H) All noxious weeds and other rank growths of vegetation upon public or private
property;
(I) Dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable
quantities;
(1) All public exposure of people having a contagious disease; and
(K) Any offensive trade or business as defined by statute not operating under local
license.
-55-
S 8.203 PUBLIC NUISANCES AFFECTING MORALS AND DECENCY.
The following are hereby declared to be nuisances affecting public morals and
decency:
(A) All gambling devices, slot machines and punch boards, except as otherwise
authorized by federal, state or local law;
(B) Betting, bookmaking and all apparatus used in such occupations;
(C) All houses kept for the purpose of prostitution or promiscuous sexual
intercourse, gambling houses, houses of ill fame and bawdy houses;
(D) All places where intoxicating liquor is manufactured or disposed of in violation
of law or where, in violation of law, people are permitted to resort for the purpose of
drinking intoxicating liquor, or where intoxicating liquor is kept for sale or other
disposition in violation of law, and all liquor and other property used for maintaining
such a place;
(E) Any vehicle used for the unlawful transportation of intoxicating liquor, or for
promiscuous sexual intercourse, or any other immoral or illegal purpose.
S 8.204 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY.
The following are declared to be nuisances affecting public peace and safety:
(A) All snow and ice not removed from public sidewalks 24 hours after the snow or
other precipitation causing the condition has ceased to fall;
(B) All trees, hedges, billboards or other obstructions which prevent people from
having a clear view of all traffic approaching an intersection;
(C) All wires and limbs oftrees which are so close to the surface of a sidewalk or
street as to constitute a danger to pedestrians or vehicles;
(D) All unnecessary noises, odors and annoying vibrations;
(E) Obstructions and excavations affecting the ordinary public use of streets. alleys.
sidewalks or public grounds except under such conditions as are pemlitted by this code or
other applicable law;
(F) Radio aerials or television antennae erected or maintained in a dangerous
manner;
(G) Any use of property abutting on a public street or sidewalk or any use ofa
public street or sidewalk which causes large crowds of people to gather, obstructing
traffic and the free use of the street or sidewalk;
(H) All hanging signs, awnings and other similar structures over streets and
sidewalks, or so situated so as to endanger public safety, or not constructed and
maintained as provided by ordinance;
(I) The allowing of rain water, ice or snow to fall from any building or structure
upon any street or sidewalk or to flow across any sidewalk;
(J) Any barbed wire fence less than six feet above the ground and within three feet
ofa public sidewalk or way;
-56-
(K) All dangerous, unguarded machinery in any public place, or so situated or
operated on private property as to attract the public;
(L) Wastewater cast upon or permitted to flow upon streets or other public
properties;
(M) Accumulations in the open of discarded or disused machinery, household
appliances, automobile bodies or other material in a manner conducive to the harboring
of rats, mice, snakes or vermin, or the rank growth of vegetation among the items so
accumulated, or in a manner creating fire, health or safety hazards from such
accumulation;
(N) Any well, hole or similar excavation which is left uncovered or in such other
condition as to constitute a hazard to any child or other person coming on the premises
where it is located;
(0) Obstruction to the free flow of water in a natural waterway or a public street
drain, gutter or ditch with trash of other materials;
(P) The placing or throwing on any street, sidewalk or other public property of any
glass, tacks, nails, bottles or other substance which may injure any person or animal or
damage any pneumatic tire when passing over such substance;
(Q) The depositing of garbage or refuse on a public right-of-way or on adjacent
private property;
(R) The display of any advertisement, literature, poster, or sign of any kind on any
telephone or electric utility pole, or on a traffic sign or post erected on a public
right-of-way constitutes a public nuisance under this section; and
(S) Failure to remove or cover graffiti within two business days (Monday through
Friday, excluding legal holidays) of the discovery or notification of the presence
of graffiti is declared to be a public nuisance
For purposes of this section, graffiti is defined as the unpermitted application of
any drawing, inscription, figure or mark upon a structure, wall, rock, bridge,
building, fence. gate, roadway, tree or other real or personal property, either
privately or publicly owned.
f81 (D All other conditions or things which are likely to cause injury to the person or
property of anyone.
~ 8.205 DUTIES OF CITY OFFICERS.
The City Engineer, Public Works Superintendent, Police Department, Fire
Depa11ment, Building Official, City Planner, or other designated official shall enforce the
provisions ofthis subchapter relating to nuisances affecting public safety. The Police
Department shall enforce provisions relating to other nuisances and shall assist the other
designated officers in the enforcement of provisions relating to nuisances affecting public
safety. Such officers shall have the power to inspect private premises and take all
reasonable precautions to prevent the commission and maintenance of public nuisances.
-57-
~ 8.206 ABATEMENT.
(A) Notice. Written notice of violation; notice of the time, date, place and subject
of any hearing before the City Council; notice of City Council order; and notice of
motion for summary enforcement hearing shall be given as set forth in this section.
(1) Notice of violation. Written notice of violation shall be served by the officer
charged with enforcement on the owner of record or occupant of the premises either in
person or by certified or registered mail. If the premises is not occupied, the owner of
record is unknown, or the owner of record or occupant refuses to accept notice of
violation, notice of violation shall be served by posting it on the premises.
(2) Notice of City Council hearing. Written notice of any City Council hearing
to detennine or abate nuisance shall be served on the owner of record and occupant of the
premises either in person or by certified or registered mail. If the premises is not
occupied, the owner of record is unknown, or the owner of record or occupant refuses to
accept notice of the City Council hearing, notice of City Council hearing shall be served
by posting it on the premises.
(3) Notice of City Council order. Except for those cases determined by the city
to require summary enforcement, written notice of any City Council order shall be made
as provided in M.S. S 463.17 (Hazardous and Substandard Building Act), as it may be
amended from time to time.
(4) Notice of motion for summary enforcement. Written notice of any motion for
summary enforcement shall be made as provided for in M.S. S 463.17 (Hazardous and
Substandard Building Act), as it may be amended from time to time.
(B) Procedure. Whenever the officer charged with enforcement determines that a
public nuisance is being maintained or exists on premises in the city, the officer shall
notify in writing the owner of record or occupant of the premises of such fact and order
that such nuisance be tenninated or abated. The notice of violation shall specify the steps
to be taken to abate the nuisance and the time within which the nuisance is to be abated.
If the notice of violation is not complied with within the time specified, the enforcing
officer shall report that fact forthwith to the City Council. Thereafter, the City Council
may, after notice to the owner or occupant and an opportunity to be heard, determine that
the condition identified in the notice of violation is a nuisance and further order that if the
nuisance is not abated within the time prescribed by the City Council, the city may seek
injunctive relief by serving a copy of the City Council order and notice of motion for
summary enforcement.
(C) Emergency procedure; summmy enforcement. In cases of emergency, where
delay in abatement required to complete the notice and procedure requirements set forth
in divisions (A) and (B) of this section will pem1it a continuing nuisance to unreasonably
endanger public health, safety or welfare, the City Council may order summary
enforcement and abate the nuisance. To proceed with summary enforcement, the officer
charged with enforcement shall detem1ine that a public nuisance exists or is being
maintained on premises in the city and that delay in abatement of the nuisance will
unreasonably endanger public health, safety or welfare. The enforcement officer shall
notify in writing the occupant or owner of the premises of the nature of the nuisance and
of the city's intention to seek summary enforcement and the time and place of the City
Council meeting to consider the question of summary enforcement. The City Council
-58-
shall detem1ine whether or not the condition identified in the notice to the owner or
occupant is a nuisance, whether public health, safety or welfare will be unreasonably
endangered by delay in abatement required to complete the procedure set forth in division
(A) of this section, and may order that such nuisance be immediately tem1inated or
abated. If the nuisance is not immediately tem1inated or abated, the City Council may
order summary enforcement and abate the nuisance.
(D) Immediate abatement. Nothing in this section shall prevent the city, without
notice or other process, from immediately abating any condition which poses an
imminent and serious hazard to human life or safety.
9 8.207 RECOVERY OF COST.
(A) Persona/liability. The owner of premises on which a nuisance has been abated
by the city shall be personally liable for the cost to the city of the abatement, including
administrative costs. As soon as the work has been completed and the cost determined,
the City Clerk-Treasurer or other official designated by the City Council shall prepare a
bill for the cost and mail it to the owner. Thereupon the amount shall be immediately due
and payable at the office of the City Clerk-Treasurer.
(B) Assessment. If the nuisance is a public health or safety hazard on private
property, the accumulation of snow and ice on public sidewalks, the growth of weeds on
private property or outside the traveled portion of streets, or unsound or insect-infected
trees, the City Clerk-Treasurer shall, on or before September 1 next following abatement
of the nuisance, list the total unpaid charges along with all other such charges as well as
other charges for current services to be assessed under M.S. S 429.101, as it may be
amended from time to time, against each separate lot or parcel to which the charges are
attributable. The City Council may then spread the charges against such property under
that statute and other pertinent statutes for certification to the County Auditor and
collection along with current taxes the following year or in annual installments, not
exceeding ten, as the City Council may determine in each case.
-59-
CITY COUNCIL LETTER
Meeting of January 22, 2007
AGENDA SECTION: Public
Hearings
ORIGINATING DEPARTMENT:
Fire
CITY
. MANAGER
APPROV AL
NO: 1o'B
ITEM: Adopt Resolution For BY: Gary Gorman
Abatement
DATE: January 12,2007
NO: 2007-09
DATE:
Declaration ofa nuisance and abatement of violations within the City of Columbia
Heights is requested against Noel Alcantar regarding property at 4420 3rd 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
n:ading of Resolution No. 2007-09, there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2007-09, a resolution
of the City Council of the City of Columbia Heights declaring the property at 4420
3rd Street N.E. a nuisance and approving the abatement of violations from the
property pursuant to City Code section 8.206.
COUNCIL ACTION:
-60-
RESOLUTION 2007-09
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 Noel Alcantar (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4420 3rd 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 January 5, 2007.
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 December 12, 2006 the Fire Chief was notified that the City of Columbia Heights
Public Works Department personnel had to shut the water offat 4420 3rd Street N.E. after the
City receiving a complaint that there was water flowing out of the back door. The Fire
Department was notified that a water condition existed at the property and responded to
abate any immediate hazards in the structure. Entry was made by the firefighters to assess
the health and safety of any possible occupants. Once entry was made personnel turned the
power off to avoid any electrical hazard due to the water condition.
2. That on December 12,2006 the Public Works Department to shut off the water, and secured
the entry to the vacant house.
3. That on January 5, 2007 notices were sent to the owner via regular and certified 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 and have been abated, to wit:
A. Secured the units on building to prevent unauthorized access.
B. Shut water and power off to prevent any damage to the building due to cold weather.
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 4420 3rd 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 orthis 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.
-61-
ORDER OF COUNCIL
I. The property located at 4420 3rd 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
2007
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
-62-
CITY COUNCIL LETTER
Meeting of January 22, 2007
AGENDA SECTION: Public
Hearings
ORIGINATING DEPARTMENT:
Fire
CITY
MANAGER
APPROV AL
NO: ~C
ITEM: Adopt Resolution For BY: Gary Gorman
Abatement
DATE: January 16, 2007
NO: 2007-10
BY:h~!!
If, WlI
DATE:
Declaration of a nuisance and abatement of violations within the City of Columbia
Heights is requested against Debra Langel & Scott Brozek regarding property at 4141
Jefferson Street N.E. for failure to meet the requirements of the Residential
Maintenance Code.
REcorv1rv1Er-~DED rv10TIOr-~: ~v1ove to close the public hearing and to \vaive the
reading of Resolution No. 2007-10, there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2007-10, a resolution
of the City Council of the City of Columbia Heights declaring the property at 4141
Jefferson Street N .E. a nuisance and approving the abatement of violations from the
property pursuant to City Code section 8.206.
COUNCIL ACTION:
-63-
RESOLUTION 2007-10
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 Debra Langel & Scott Brozek (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4141 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 December 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
l. That on December II, 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 December 28, 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 January 12,2007, 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 all/any outside storage from the property.
i. SEATS
II. CAR REAREND
III. TRUCK TOPPER
IV. TAILGATE
v. HOOD
VI. TOOL BOX
vii. MISC. CAR PARTS
VIII. TIRES
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
-64-
1. That the property located at 4141 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 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
I. The property located at 4141 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
2007
Passed this
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
-65-
CITY COUNCIL LETTER
Meeting of January 22, 2007
AGENDA SECTION:
Public
Hearings
ORIGINATING DEPARTMENT:
Fire
CITY
MANAGER
APPROV AL
NO:
GD
ITEM:
Adopt Resolution For
Abatement
BY:
Gary Gorman
DATE: January 16, 2007
NO: 2007-11
Declaration ofa nuisance and abatement o[violations within the City of Columbia
Heights is requested against Ignacio Dominguez-Sanchez regarding property at 4544
Stinson Boulevard N.E. for failure to meet the requirements of the Residential
Maintenance Code.
REcorv1rv1E1"~DED I\.10TIO'f\J: ~y1ove to close the public hearing and to \vaive the
reading of Resolution No. 2007-11, there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2007-11, a resolution
of the City Council of the City of Columbia Heights declaring the property at 4544
Stinson Boulevard N .E. a nuisance and approving the abatement of violations from
the property pursuant to City Code section 8.206.
COUNCIL ACTION:
-66-
RESOLUTION 2007-11
Resolution ofthe City Council for the City of Columbia Heights declaring the property a nuisance
and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of
the property owned by Ignacio Dominguez-Sanchez (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4544 Stinson
Boulevard 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 January 5, 2007.
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 December 13, 2006 the Fire Department was dispatched to 4544 Stinson Boulevard
N.E. after receiving information that there was water flowing out of the house. The Fire
Department found that a water condition existed at the property and entry was made by the
firefighters to assess the health and safety of any possible occupants. Once entry was made,
personnel turned the power off to avoid any electrical hazard due to the water condition
2. That on December 13,2006 the Fire Department paged out the Public Works Department to
shut off the water, and board up the vacant house.
3. That on January 5, 2007 notices were sent to the owner via regular and certified mail at the
address listed on tile.
4. That based upon said records ofthe Fire Department, the following conditions and violations
of City Codes(s) were found to exist and have been abated, to wit:
A. Secured the units on building to prevent unauthorized access.
B. Shut water and power otno prevent any damage to the building due to coid weather.
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
I. That the property located at 4544 Stinson Boulevard 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
-67-
completed.
ORDER OF COUNCIL
1. The property located at 4544 Stinson Boulevard N.E. constitutes a nuisance pursuant to City
Code.
2. That a copy ofthis order shall be served upon all relevant parties and parties in interest
day of
2007
Passed this
Otlered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
-68-
CITY COUNCIL LETTER
Meeting of Januarv 22, 2007
AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY
Hearings Fire MANAGER
NO: /oS APPROV AL
ITEM: Adopt Resolution For BY: Gary Gorman BY~ /-
Abatement
,
DATE: January 12, 2007 DATE:
NO: 2007-12
Declaration of a nuisance and abatement of violations within the City of Columbia
Heights is requested against Guirela Pliego regarding property at 4121 4th 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 l'~o. 2007""12, there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2007-12, a resolution
of the City Council of the City of Columbia Heights declaring the property at 4121
4th Street N.E. a nuisance and approving the abatement of violations fi'of11 the
property pursuant to City Code section 8.206.
COUNCIL ACTION:
.69-
RESOLUTION 2007-12
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 Guirela Pliego (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4121 4th 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 January 5, 2007.
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 December 13,2006 the Fire Department was dispatched to 412] 4th Street N.E. after
receiving information that there was water flowing out of the house. The Fire Department
found that a water condition existed at the property and entry was made by the firefighters to
assess the health and safety of any possible occupants. Once entry was made, personnel
turned the power off to avoid any electrical hazard due to the water condition
2. That on December] 3,2006 the Public Works Department to shut offthe water, and board up
the vacant house.
3. That on January 5,2007 notices were sent to the owner via regular and certified 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 and have been abated, to wit:
A. Secured the units on building to prevent unauthorized access.
B. Shut water and power off to prevent any damage to the building due to cold weather.
5. That all parties, includ ing 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 4121 4th 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,
O!' tenant, as the case may be, have expired, or slIch rights have been exercised and
completed.
ORDER OF COUNCIL
-70-
I. The property located at 4] 2] 4th 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
2007
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
-71-
CITY COUNCIL LETTER
Meeting of Januarv 22, 2007
ITEM:
Adopt Resolution For
Revocation
BY:
Gary Gorman
BY:d
AGENDA SECTION: Resolutions
ORIGINATING DEPARTMENT:
Fire
NO: f
DATE: January] 6, 2007
DATE:
NO: 2007-13
Revocation of the license to operate a rental unit within the City of Columbia Heights is
requested against Ryan Foltz regarding rental property at ] 21] -13 Cheery Lane N.E. for
failure to meet the requirements of the Residential Maintenance Codes.
RECOtvHv1E~~DED tv10TIO~~: ~v1ovc to close the public hearing and to \vaive the reading of
Resolution No.200?-13, there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2007-13, 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 Ryan Foltz
regarding rental property at 1211-13 Cheery Lane N .E.
COUNCIL ACTION:
-72-
RESOLUTION 2007-13
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 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 December 27, 2006 of an public hearing to be held on
January 22, 2007.
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
]. That on November 21,2006, inspectors for the City of Columbia Heights, inspected
the property described above and noted seven 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 December 27, 2006, inspectors for the City of Columbia Heights,
reinspected the property and noted seven 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 January 11,2007, inspectors for the City of Columbia Heights, performed a
final inspection at the property and noted seven 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 fuliowing conditions
and violations of the City's Residential Maintenance Code were found to exist, to-
wit:
a. 1213 - Shall repair the loose sheetrock ceiling. Shall secure the piece of
sheetrock, shall apply any sheetrock mud to the joints that need it. Shall sand
and paint all/any sheetrock joints that need it.
b. 1213 - Shall first repair the leaking shower in the lower bathroom. Shall
repair the water-damaged walls near the shower by the lower bathroom.
c. 1213 - Shall replace all missing kitchen cabinet/drawer fronts.
d. Shall replace the missing soffit on the front and west side of the house.
e. Shall replace the missing fascia on the west side and the front of the house.
f Shall replace the missing shingles on the west side ofthe roof-front and rear.
g. Shall repair or replace all rotted windows.
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
-73-
City Code, Chapter 5A, Article III 5AJ06 and 5A.303(A).
ORDER OF COUNCIL
I. The rental license belonging to the License Holder described herein and identified by
license number F8030 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.
Passed this
day of
2007
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City CierklCouncii Secretary
-74-
COLUMBIA HEIGHTS CITY COUNCIL LETTER
Meetin of: January 22, 2007
AGENDA SECTION: Items for Consideration
Other Ordinances and Resolutions
NO: I - A- \
ORIGINATING DEPARTMENT:
Community Development
CITY MANAGER'S
APPROV AL
ITEM: 1 st Reading: Ordinance 1521, Rezoning
of a Portion of the Property at Lot 124A, Block
1, Huset Park from MXD to R-2A.
BY: Jeff Sargent, City Planner
DATE: January 17,2007 .(
BY: '/4f!~,
,/~ i.1 '<;' "
BACKGROUND
At this time, the Huset Park Development Corporation is proposing to rezone the western 15-foot portion
of Lot 124A, Block 1, Huset Park from MXD, Mixed Use District, to R-2A, One and Two Family
Residential. This proposal will be the first step in ultimately subdividing this section of land from the
remainder of Lot 124A, Block 1, Huset Park, in order to correct some encroachment issues.
When the Schafer Richardson / Ryland Homes project was started, the entire site was surveyed. At that
time, it was discovered that a 2-foot wide concrete strip, a 7-foot tall chain-link fence, a retaining wall and
a portion of a wooden storage shed all maintained by the property owners at 525 - 38th Avenue were
actually located on the property now controlled by the Huset Park Development Corp.
The overall proposal entails a recombination subdivision to split off the eastern 15 feet of Lot 124A,
Block 1, Huset Park. This land would be sold to the property owners at 525 - 38th Avenue to correct the
encroachment issues.
The property must be rezoned prior to the subdivision. The rezoning process requires a first and second
reading by the City Council. Therefore, the second reading of Ordinance 1521, as well as the proposal for
a minor subdivision of Lot 124A, Block 1, Huest Park will be scheduled to be heard at the February 12,
2007 City Council meeting.
RECOMMENDED MOTION:
Move to waive the reading of Ordinance No. 1521, there being ample copies available to the public.
Move to establish a second reading of Ordinance No. 1521, being an ordinance pertaining to the
rezoning of the property located at Lot 124A, Block 1 Huset Park for February 12,2007 at
approximately 7:00 p.m. in the City Council Chambers.
Attachments: Draft Ordinance 1521. site rnap
COUNCIL ACTION:
-75-
ORDINANCE 1521
CITY OF COLUMBIA HEIGHTS, MINNESOTA
BEING AN ORDINANCE PERTAINING TO THE REZONING OF THE PROPERTY
LOCATED AT LOT 124A, BLOCK 1, HUSET PARK
SECTION 1:
WHEREAS, the City of Columbia Heights has indicated the Industrial Park 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 recognizesthat the MXD, Mixed Use Developmentzoning is not
consistent with a single-family zoning classification needed to accommodate a successful property line
adjustment; and
WHEREAS, rezoning from MXD, Mixed Use Development to R-2A, One and Two Family Development
provides for an opportunity to correct property line encroachment issues between a redevelopment area and as
single-family dwelling; and
WHEREAS, the rezoning is consistent with the City Comprehensive Plan and would resolve property line
encroachment issues; and
WHEREAS, the zoning classification of the property for the proposed parcel is compatible with the proposed
R-2A, One and Two Family Residential classification, and
BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of
the proposed rezoning from MXD, Mixed Use Development to R2A, One and Two 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:
ngtp A.f p~cC'gctp.
~~.- ~. . ~uU~b-'
Offered by:
Seconded by:
Roll Call:
Gary Peterson, Mayor
Patricia Muscovitz, Deputy City Clerk
-76-
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Location Map
-77-
Lot 124A, Block 1, Huset Park
Legend
- City Limits
row
Water
FEATURE
ISLAND
WATER
V;::::j Parks
D R-1 - Single Family Residential District
D R-2A - One and Two Family Residential District
I ......1 R-2B - Built as Duplexes
~41!1 R-3 - Multiple Family Residential District
_ R-4 - Multiple Family Residential District
_ MXD - Mixed Use District
1:.1 LB - Limited Business District
_ CBD - Central Business District
_ GB - General Business District
D I - Industrial District
_ 1-2 - Industrial District
D Right-of-Way
_ City of Hilltop
_ Mpls Water Works
(1'J
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-78-
COLUMBIA HEIGHTS CITY COUNCIL LETTER
eetmg 0 : anuarv ,
AGENDA SECTION: Items for Consideration ORIGlNA TfNG DEPARTMENT: CITY MANAGER'S
NO: -l-A'i- Community Development APPROV AL
~~~ J-
ITEM: Approval of Final Plat, CUP for assisted living BY: Jeff Sargent, City Planner BY: -<' ..;} /1.-
facility, parking setback and stall size variances. 2101 DA TE: January 17,2007 ~ ti vtk#t~
- 3ill Avenue.
M
f J
22 2007
BACKGROUND:
At this time, Pratt Ordway, LLC is requesting five (5) approvals in association with the construction ofa
senior assisted living facility. They include a Final Plat Approval, a Conditional Use Permit for a senior
assisted living facility in the R-3, Multiple Family Residential District, a Site Plan Approval, a 2-foot
parking stall length variance, and a 19-foot front yard parking setback variance.
The applicant has gone through the Preliminary Plat process to split the subject property located at 2101 -
3ih Avenue into two parcels. The northern parcel will be approximately 2.47 acres and will be the
location of a 52-unit assisted living facility to be constmcted and managed by Comforts of Home. The
property has been rezoned to R-3, Multiple Family Residential to accommodate the proposed use of the
land. The southern I-acre of land will be the location of a new municipal liquor store, owned and
operated by the City.
RECOMMENDED MOTION:
Move to waive the reading of Resolution 2007-14, there being ample copies available to the public.
Move to adopt Resolution No. 2007-14, approving the Final Plat for the Hart Lake Addition, subject to
the conditions outlined in Resolution No. 2007-14.
Move to waive the reading of Resolution 2007-15, there being ample copies available to the public.
Move to adopt Resolution No. 2007-15, approving a Conditional Use Permit for an assisted senior living
facility located at 2101 - 3 ih Avenue, subject to the conditions outlined in Resolution No. 2007-15.
Move to waive the reading of Resolution 2007-16, there being ample copies available to the public.
Move to adopt Resolution No. 2007-16, approving a 2-foot parking stall length variance tor the Comforts
of Home parking lot.
Move to waive the reading of Resolution 2007-17, there being ample copies available to the public.
Move to adopt Resolution No. 2007-17, approving a 19-foot front yard setback variance for hard surface
parking for the Comforts of Home parking lot.
Att l
t R 700714 R 200715 R 200716 R 200717 P+ZR
t F I PI ,!vi., . I
ac Wlell s: es. _ - , es. - , es. - es. - I epor I ma a a erza s
COUNCIL ACTION:
-79-
RESOLUTION NO. 2007-14
RESOLUTION APPROVING A FINAL PLAT SUBDIVISION
WITH CERTAIN CONDITIONS FOR PRATT ORDWAY, LLC
WHEREAS, a proposal (Case No. 2007-0101) has been submitted by 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.
EXISTING LEGAL DESCRIPTION: On File at City Hall
PROPOSED LEGAL DESCRIPTION: Hart Lake Addition
THE APPLICANT SEEKS APPROVAL OF A FINAL 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 January 3,2007.
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 final plat substantially conforms to the approved preliminary plat.
2. The final plat conforms with the requirements of Section 9.114.
FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information
shall become part of this subdivision approval.
CONDITIONS:
1. The applicant shall pay a park dedication fee in the amount of$26,890 at the time of
final plat approval.
2. The developer shall obtain a storm water permit from the Rice Creek Watershed
District prior to obtaining a demolition permit from the City.
3. All conditions set forth in the City of Columbia Heights' subdivision ordinance shall
be met per Code Section 9.114.
-80-
Resolution No. 2007-14
Page 2
Passed this _ day of January 2007
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
-81-
RESOLUTION NO. 2007-15
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR
PRATT ORDWAY, LLC
WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
WHEREAS, a proposal (Case #2007-0101) has been submitted by Pratt Ordway, LLC to the City
Council requesting a conditional use permit from the City of Columbia Heights at the following site:
ADDRESS: Lot North of2101 - 3ih Avenue
LEGAL DESCRJPTION: Lot 1, Block 1, Hart Lake Addition.
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, and a Montessori School per Code Section
9.109 (G)(3)(h).
WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning
Code on January 3, 2006;
WHEREAS, the City Council has considered the advice and recommendations of the Planning
Commission regarding the effect of the proposed conditional use permit upon the health, safety, and
welfare of the community and its Comprehensive Plan, as well as any concerns related to
compatibility of uses, traffic, property values, light, air, danger offire, 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 detennined by the Zoning Administrator.
2. The use is in harmony with the general purpose and intent ofthe 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
-82-
Resolution No. 2007-15
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 infoffi1ation 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 (])
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. The City shall be informed of any change in ownership or occupancy of the Little
Voyagers Montessori School to ensure the acceptability of the new use in the R-3
District.
P:1<;<;pn thi<; Ihv of hmllMV JOO?
- ---.... - - .---.... - ---.,I ............. ..............---....;, -.......... .
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Patricia Muswvitz, CMC
Deputy City Clerk/Council Secretary
-83-
RESOLUTION NO. 2007-16
RESOLUTION APPROVING A VARIANCE
FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR PRATT ORDWAY, LLC
WHEREAS, a proposal (Case # 2007-0101) has been submitted by Pratt Ordway, LLC to the City
Council requesting a variance from the City of Columbia Heights Zoning Code at the tollowing site:
ADDRESS: Lot North 01'2101 - 3ill Avenue
LEGAL DESCRIPTION: Lot 1, Block 1, Hart Lake Addition.
THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 2-foot parking stall length
variance per Code Section 9.106 (L)(7)(a).
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning
Code on January 3, 2007;
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 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 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.
-84-
Resolution No. 2007-16
Page 2
FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall
become part of this variance and approval; and in granting this variance the city and the applicant
agree that this variance shall become null and void if the project has not been completed within one
(I) calendar year after the approval date, subject to petition for renewal of the permit.
Passed this _ day of January, 2007
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
-85-
RESOLUTION NO. 2007-17
RESOLUTION APPROVING A VARIANCE
FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR PRATT ORDWAY, LLC
WHEREAS, a proposal (Case # 2007-0lD1) has been submitted by Pratt Ordway, LLC to the City
Council requesting a variance from the City ofCoiumbia Heights Zoning Code at the following site:
ADDRESS: Lot North 01'2101- 37th Avenue
LEGAL DESCRIPTION: Lot I, Block 1, Hart Lake Addition.
THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 19-foot front yard setback
variance for hard surface parking per Code Section 9.109 (C).
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning
Code on January 3, 2007;
WHEREAS, the City Council has considered the advice and recommendations of the Planning
Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the
community and its Comprehensive Plan, as well as any concern related to traffic, property values,
light, air, danger of fire, and risk to public safety, in the surrounding area;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights
that the City Council accepts and adopts the following findings of the Planning Commission:
1. Because of the particular physical surroundings, or the shape, configuration, topography,
or other conditions of the specific parcel 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 ofthis 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.
-86-
Resolution No. 2007-17
Page 2
FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall
become part of this variance and approval; and in granting this variance the city and the applicant
agree that this variance shall become null and void if the project has not been completed within one
(1) calendar year after the approval date, subject to petition for renewal of the permit.
Passed this _ day of January, 2007
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
-87-
CITY OF COLUMBIA HEIGHTS
PLANNING REPORT
CASE NUMBER: 2007-0101
DATE: January 3, 2007
TO: Columbia Heights Planning Commission
APPLICANT: Pratt Ordway, LlC
LOCATION: 2101 - 3ih Avenue
REQUEST: Final Plat Approval, Conditional Use Permit, Site Plan Approval, and
Variances
PREPARED BY: Jeff Sargent, City Planner
INTRODUCTION
At this time, Pratt Ordway, LLC is requesting five (5) approvals in association with the
construction of a senior assisted living facility. They are as follows:
1. A Final Plat Approval.
2. A Conditional Use Permit for a senior assisted living facility in the R-3,
Multiple Family Residential District per Code Section 9.109 (G)(3)(i).
3. A Site Plan Approval.
4. A 2-foot parking stall length variance per Code Section 9.106 (L)(7)(a).
5. A 19-foot front yard parking setback in the R-3 District per Code Section
9.109 (C).
The applicant has gone through the Preliminary Plat process to 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 52-unit assisted living facility to be constructed and
managed by Comforts of Home. This property is in the process of being rezoned from GB,
General Business to R-3, Multiple Family Residential. The second reading for the rezoning
of this property will take place at the January 8, 2007 City Council meeting.
Comforts of Home is an established company and currently operates assisted living
communities in Hugo and Blaine, and nine communities in Wisconsin. There are also
communities in White Bear Lake, Cottage Grove, Forest Lake, North Branch, Lino Lakes
_RR_
City of Columbia Heights Planning Commission
Pratt Ordway, LLC proposal
January 3, 2007
Case # 2007-0101
and Maplewood in development. Comforts of Home provides various types of senior
housing and levels of care to its customers, but will focus on a senior 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 southern parcel will be approximately one (1) acre in size. This property wili be a
commercial pad and the location of a new City-owned liquor store. It should be noted that
the Final Plat approval would plat the southern parcel. The southern parcel will not be
taken into consideration in the site plan approvals for the Comforts of Home project, but will
be reviewed by the Planning Commission with the construction of the City-owned liquor
store.
PLANNING CONSIDERATIONS
Comprehensive Plan
On December 29, 2006, the Metropolitan Council approved the Comprehensive Plan
Amendment for the northern 2.47 acres devoted for the Comforts of Home building. The
Comprehensive Plan was amended from a "Commercial" classification to a "Medium
Density" classification.
The Comprehensive Plan guides the Comforts of Home parcel as Medium Density, which
is consistent with the proposed zoning of the land and the proposed use of the land as a
senior assisted living facility.
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 is in the process of rezoning 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 of400 square feet
of land area for every one (1) unit for a congregate living facility. The proposed assisted
living facility will have 52 units, requiring a minimum of 20,800 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.
The second reading of the ordinance to rezone the northern 2.47 acres of land for the
Comforts of Home building will occur at the January 8,2007, City Council meeting. The
City Council would be able to approve the proposed Conditional Use Permit and
associated variances after the second reading of the rezoning ordinance has been
approved.
Page 2
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City of Columbia Heights Planning Commission
Pratt Ordway, LLC proposal
January 3, 2007
Case # 2007-0101
The zoning ordinance at Section 9.109 (G)(3)(i) requires a Conditional Use Permit (CUP)
for any type of senior living facility in the R-3, Multiple-Family Residential District. The
housing market for senior living facilities is high in the Twin Cities Metro Area. The
Comprehensive Plan indicates that by the year 2010, an estimated 25.7% of Columbia
Heights' population will be 55 years of age or older. A housing goal as listed in the
Comprehensive Plan is to provide a variety of life-cycle housing opportunities within the
community. The proposed CUP would help supply senior housing and provide the life-
cycle housing opportunities needed in Columbia Heights.
The proposed project includes a Montessori School as well. All schools in the R-3, Multiple
Residential District require a CUP. The approval of the CUP for the assisted living facility
will also include the approval for the Montessori School under one resolution. As a
condition of approval, Comforts of Home would have to inform the City of any change in
ownership or change in occupancy of the space to be devoted to the Montessori School.
In association with the CUP request, the applicant is also seeking the approval of two
variances pertaining to parking purposes. The first is a 2-foot parking stall length variance.
By obtaining this variance, the applicant would be able to configure the parking lot area in a
manner that would promote good traffic flow, by not altering the location or size of the
building. The total hard surface square footage would also be diminished, which would aid
in the storm water management of the site.
The second variance is a 19-foot front yard setback variance. As a function of the location
of the building and a large storm water holding pond on site, the applicant's only alternative
for the location of some of the parking stalls was a location 11 feet from the front property
line. The proposed variance would enable the applicant to have good traffic flow
throughout the site and would help facilitate a pedestrian link to a future pedestrian trail
along the west side of Hart Boulevard.
Site Plan
MONTESSORI SCHOOL. The Little Voyagers Montessori School has entered into an
agreement with Comforts of Home to locate their facility on site. The school will be
attached to the north end of the Comforts of Home building and will be approximately 6,750
square feet in area. The compatibility of the Montessori and assisted living uses is strong.
The school is planning to incorporate programs that integrate the two uses, and has good
results with such programs in the past.
PARKING. The City Code requires a minimum of 1 parking space for every 2 units in an
assisted living facility. The proposed Comforts of Home building will have 52 units,
requiring 26 parking stalls. The City Code also requires 10 parking stalls plus 1 parking
stall for each classroom for a school. The Montessori school will have 5 classrooms, and
the school in total will require 15 parking stalls. As a whole, the entire project will require
41 on-site parking stalls. The parking breakdown is as follows:
Page 3
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City of Columbia Heights Planning Commission
Pratt Ordway, LLC proposal
January 3, 2007
Case # 2007-0101
USE
PARKING REQUIRED
PARKING PROPOSED
Comforts of Home
Montessori School
26
15
32
44
TOTALS:
41
76
The proposed plans indicate that there will be 32 underground parking stalls servicing the
Comforts of Home building, and an additional 44 parking stalls at grade level for a total of
76 parking stalls on site. Being that the development is only required to have 41 parking
stalls, the project will be adequately parked.
LANDSCAPING. The City's landscaping requirements require a minimum of one tree for
every 30 feet of street frontage or fraction thereof. The trees shall be planted within the
front yard and may be arranged in a cluster or placed at regular intervals to best
complement existing landscape patterns in the area. The landscaping code also requires
parking areas to have a minimum of 100 square feet of landscape area and 1 over-story
tree for each 20 spaces, or fraction thereof.
The proposed development has approximately 345 feet of frontage along Hart Boulevard,
requiring 12 trees planted in the front yard area. The proposed plan indicates that there
will be 20 trees planted within the front yard of the property. There are also 44 above-
ground parking stalls located on the property, requiring at least 2 over-story trees to be
planted in the parking area. The proposed landscape plan indicates that there will be 12
over-story trees planted in the parking lot area.
UTILITIES. The prior use of the property was for the Apache Theatre, which had been
adequately served by all essentials services. The proposed utility plan has been reviewed
by the City Engineer and was determined to be sufficient for the proposed use of the land.
STORMWA TER MANAGEMENT. Initially, the applicant wanted to use rain gardens as a
viable means of storm water infiltration and retention. The project would have incorporated
three rain gardens throughout the site, ultimately filtering into a large holding pond on the
southwestern portion of the property. After soil tests were preformed on the property, it
was determined that the soils were heavily clay-laden, and not conducive to rain garden
applications.
The proposed plan indicates a biofilter system in place of the rain gardens. The biofilter
consists of native plant materials tolerant of inundation and drought, with layers of sand
and gravel to help filter out large particulate matters. At the bottom of the system is an 8"
perforated underdrain outlet pipe that would pipe the water to the large retention pond on
the southwest corner of the development.
The retention pond was initially sized to accommodate the entire site plus the commercial
property's rainwater runoff to the south. Given the topography of the land and the area
restrictions, the initially proposed pond was very deep and would have required a retaining
Page 4
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City of Columbia Heights Planning Commission
Pratt Ordway, LLC proposal
January 3, 2007
Case # 2007-0101
wall around its perimeter up to 12 feet in height. After discussions with the applicant, it was
agreed upon to create a secondary storm water pond on City property west of Hart
Boulevard. This would enable the proposed retention pond to be lessened in size and
would increase its aesthetic appeal. The storm water retention pond system would still
serve both the Comforts of Home property as well as the commercial pad to the south. The
City Engineer has reviewed all storm water management systems and has approved all as
acceptable.
Park Dedication
It is deemed necessary and consistent with sound city planning to provide in each new
proposed plan or subdivision, areas for future development of park and recreational
purposes. Each plat shall provide for a dedication to the city, an area not less than 10% of
the total proposed area to be subdivided. The applicant may contribute the cash
equivalent to the city for the Parks Capital Improvement Fund of the city. The cash
equivalent shall be 10% of the market value of the tract of land of the newly created parcel.
The park dedication fee for this project shall be $26,890.
FINDINGS OF FACT
Final Plat
Section 9.104 (I) of the Columbia Heights zoning code requires that the City Council make
each of the following 2 findings before approving a Final Plat:
1. The final plat substantially conforms to the approved preliminary plat.
There are no signmcant changes between the approved Preliminary Plat and the
proposed Final Plat, therefore the final plat conforms to the approved preliminary
plat.
2. The Final Plat conforms to the requirements of S9.114.
&9. 114 is the subdivision ordinance for the City of Columbia Heights. The proposed
Final Plat conforms to all the requirements set forth in the subdivision ordinance.
Conditional Use Permit
Section 9.104 (H) of the Columbia Heights zoning code requires that the City Council make
each of the following 9 findings before approving a Conditional Use Permit:
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.
A senior assisted living facility is specifically listed as a conditional use in the R-3,
Multiple Family Residential District.
Page 5
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City of Columbia Heights Planning Commission
Pratt Ordway, LLC proposal
January 3, 2007
Case # 2007-0101
2. The use is in harmony with the general purpose and intent of the comprehensive
plan.
The Comprehensive Plan guides this area for Medium Density Residential housing.
The use of a senior assisted living, 52-unit building is in harmony with this
classification.
3. The use will not impose hazards or disturbing influences on neighboring
properties.
The proposed use will not impose hazards or disturbing influences on neighboring
properties. An assisted living facility is tranquil in nature and the building itself will
upgrade the current use of the land and complement the surrounding area.
4. The use will not substantially diminish the use of the property in the immediate
vicinity.
The use of the property in the immediate vicinity will not be diminished in any way
with the proposed use of the land as a senior assisted living facility.
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.
The use will be designed, constructed and operated by Comforts of Home. As a
company, Comforts of Home ensures that their facilities are operated in a manner
consistent with all state and local laws. The subject parcel and surrounding area
are intended for redevelopment purposes. The proposed use would be compatible
with the intended character of the area for this reason.
6. The use and property upon which the use is located are adequately served by
essential public facilities and services.
The existing use of the property is the abandoned Apache Theatre, which was
adequately served by public facilities and services. The proposed use of the land
will tie into the existing facilities on site to adequately serve the building.
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.
Assisted living facilities generally do not generate an excess amount oftrafflc on the
surrounding public streets. The proposed project would generate an additional 146
trips per day on average, and would increase the traffic volume by 6.5 vehicles per
hour on average during the peak evening peak rush hour. Kevin Hansen, City
Engineer, has reviewed the proposed plans and has indicated that the increase in
Page 6
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City of Columbia Heights Planning Commission
Pratt Ordway, LLC proposal
January 3, 2007
Case # 2007-0101
traffic would be minimal and that the local and regional road networks would be able
to accommodate the increase in traffic.
The on site circulation of traffic has been addressed as well. The applicant is
requesting two variances in association with the parking setbacks and stall lengths
to better help the circulation.
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.
The proposed use will cause a positive cumulative effect on other uses in the
immediate vicinity. This area was one of the areas that the City Council wanted
redeveloped. The proposed plan will get rid of an abandoned, unused theater and
will replace it with a senior housing use needed throughout the Twin Cities metro
area.
9. 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 is it
located.
Site Plan
Section 9.104 (M) of the Columbia Heights zoning code requires that the Planning
Commission make each of the following 4 findings before approving a Site Plan:
1. The site plan conforms to all applicable requirements of this article.
The site plan conforms to all applicable requirements of this article as they pertain to
the building setback. The proposed site plan will need 2 variances. One is a 2-foot
parking stall length variance, and the other is a 19-foot front yard setback variance
for hard surface parking.
2. The site plan is consistent with the applicable provisions of the city's
comprehensive plan.
The City's Comprehensive Plan guides this area for Medium Density Residential.
The proposed use of the land for senior assisted living is consistent with the
provisions of the Comprehensive Plan.
3. The site plan is consistent with any applicable area plan.
There are no area plans for the project site.
4. The site plan minimizes any adverse impacts on property in the immediate
vicinity and the public right-of-way.
Page 7
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City of Columbia Heights Planning Commission
Pratt Ordway, LLC proposal
January 3, 2007
Case # 2007-0101
The properties most affected by the proposed site plan are those properties to the
east and north of the subject parcel. The applicant has placed the building in such
a manner as to screen the remainder of the property from the east and the north.
The parking setback variance requirement is along the western property line, in a
location that does not pose adverse impacts to the surrounding properties.
Variances
Section 9.104 (G) of the Columbia Heights zoning code requires that the City Council make
each of the following 5 findings before approving a variance. The following findings of fact
pertain to both the 2-foot parking stall length variance and the 19-foot front yard setback
variance for hard surface parking:
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 building is placed in its proposed location in part because of state and local
requirements for storm water management. Because of the natural topography of
the land, the biofilter areas and storm water retention pond were placed in their
proposed locations. The building itself is oriented on the property in a manner that
would not hinder the location of the storm water management areas. As a result,
the parking lot and parking stalls were configured to make the rest of the property
usable and to promote adequate traffic flow throughout the project. The parking
stalls were reduced to 18 feet in length to accommodate adequate drive aisle lanes
and to decrease the amount of hard surface throughout the development.
The parking lot setback was placed 11 feet from the front property line in order to
promote better traffic flow throughout the project, and would still provide for
adequate green space between the parking and the street curb. The orientation
and placement of the building would make it difficult to locate the proposed parking
in an alternate location.
2. The conditions upon which the variance is base are unique to the specific parcel
of land involved and are generally not applicable to other properties within the
same zoning classification.
The property has more frontage along Hart Boulevard than is has depth. Because
of the configuration of the property, it makes it difficult to place the required storm
water retention pond and associated features, the building, and the parking lot
without encroaching on the property lines. The 2-foot stall length variance would
ensure that the encroachment into the required front yard setback is not greater.
The 19-foot front yard setback variance for hard surface parking is required because
of the orientation of the building on the property. The orientation of the parcel is
unique to this specific parcel.
Page 8
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City of Columbia Heights Planning Commission
Pratt Ordway, LLC proposal
January 3, 2007
Case # 2007-0101
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 R-3 District has strict guidelines as they pertain to both building and parking lot
setbacks. The strict guidelines force the building and parking lot areas to be
confined to a specific area on the parcel. The City's R-4 District, which allows for a
higher density use, has more lenient setback requirements for the building
placement. The provisions of the article cause the difficulty in placing the required
elements on the property without needing variances to do so.
4. The granting of the variance is in harmony with the general purpose and intent of
the comprehensive plan.
The Comprehensive Plan guides this area for Medium Density Residential, which is
consistent with the proposed use of the land as a senior assisted living facility. The
variances are needed for accessory uses to the principal use of the land, so
granting the variances would also be 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.
The granting of the variances would not be materially detrimental or injurious to the
public. The 2-foot parking stall length variance would enable better traffic flow
throughout the development while decreasing the total amount of hard surface on
site. This reduces the amount of rainwater to be collected into the retention pond,
which ultimately ends up in Hart Lake.
The granting of the 19-foot front yard setback variance for hard surface parking
would not be materially detrimental or injurious to the public because the location of
the parking lot is adjacent to the Hart Boulevard right-of-way. Across the street is
Hart Lake, so neighboring properties are not affected.
CONCLUSION
The Apache Theatre site is an area that the City Council called out as one of the major
redevelopment focus sites in the City. The proposed use of the land required a
Comprehensive Plan Amendment, a Rezoning, a new plat, a Conditional Use Permit, a
Site Plan approval and two variances, and is consistent with the type of use that would be
beneficial to the city.
Page 9
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City of Columbia Heights Planning Commission
Pratt Ordway, LLC proposal
January 3, 2007
Case # 2007-0101
RECOMMENDATION
Motion: That the Planning Commission recommends that the City Council approve the
final plat in its entirety, based on the 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 applicant shall pay a park dedication fee in the amount of $26,890 atthe
time of final plat approvaL
2. The developer shall obtain a storm water permit from the Rice Creek
Watershed District prior to obtaining a demolition permit from the City.
3. All conditions set forth in the City of Columbia Heights' subdivision ordinance
shall be met per Code Section 9.114.
Motion: That the Planning Commission recommends that the City Council approve the
Conditional Use Permit to allow a senior assisted living facility and Montessori school in the
R-3, Multiple Family Residential District per Code Section 9.109 (G)(3), based on the
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. 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. The City shall be informed of any change in ownership or occupancy of the
Little Voyagers Montessori Schoo/to ensure the acceptability of the new use
in the R-3 District.
Motion: That the Planning Commission recommend that the City Council approve the 2-
foot parking stall length variance per Code Section 9.106 (L)(7)(a).
Motion: That the Planning Commission recommend that the City Council approve the 19-
foot front yard setback variance for hard surface parking per Code Section 9.109 (C).
Attachments
. Location Map
. Final Plat
. Site Plans
. Draft Final Plat Resolution
. Draft Conditional Use Permit Resolution
. Draft Variance Resolutions
Page 10
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December 8, 2006
To the City of Columbia Heights:
Enclosed please find an information packet for a proposed development in the City of
Columbia Heights. We wouIdjust like to take a moment to express our appreciation to
the Columbia Heights City staff for assisting us in our information gathering efforts and
to the City Council for your willingness to consider our proposal. We at CLP
Development and Comforts of Home feel that our concept plan can add not only value to
the city, but amenities to the surrounding community as well.
As you will see, our development is built around a senior community in which various
. types of senior housing are available and all levels of care service are provided to a
gro\.ving and truly underserved group of people not only in' our community, but those that
surround us. CLP Development and Comforts of Home currently operate assisted living
communities in Hugo and Blaine with communities in Champlin, North Branch, Lino
Lakes, White Bear Lake, and Maplewood in development. We also o\.\ln and operate nine
communities in Wisconsin with more under development. We feel that our track record
in development, o\.vnership and operation of senior communities support our ability to
provide such a community to the city of Columbia Heights. Our development partners
are of the highest caliber and we feel very strongly that our development can be very
successfui and tcuiy an asSc:t iO the city and surrounding COiiI.lllunity. O.....uership and
operations \vill be locally o"'med and managed, \\'hich \\ill benefit the local economy.
We at CLP Development look forward to working \\'ith the city to provide the finest
senior community in the Twin Cities.
.99.
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Background
. Business: Comforts of Home Holdings, LLC.
. What it DOI~: Builds, owns and operates
assisted Ih.ling and senior housing properties in
several locations in Wisconsin and Minnesota.
. Location: l\IIain office is in White Bear Lake,
Minnesota.
. Founded: 1999.
-101-
Background
. Employees;: About 140 full-time/part-time.
. Company ()wns the trademark and federal
registrationl fora~its
2!:.Hon1e
. Revenue 2006: In excess of $5 million.
. Profitability: The Company has operated
profitably since 2000.
. Expansion: We plan to open 2-3 new
buildings a year for the next L:8 years in
Wisconsin and Minnesota.
-102-
Background
.. Competitive Advanta~: Compare lJS to other
assisted living and senior housing companies
and you'll find that we charge between $500
and $3,000 a month less than our competition.
That's bet,-",een $6,000 and $36,000 a year!
More impol1antly-compare us to others and
find that the quality of service with us is a
whole lot better.
-103-
Background
. How do we do it? The answer sounds simple,
yet it takes effort and skill to accomplish.
1. We keep our corporate overhead very low. We
don't have layers and layers of people that
don't directly assist seniors and their families.
We don't have any vice presidents, directors,
regional managers, etc. etc. This allows us to
offer our excellent housing and care at an
affordable cost.
-104-
Background
2. We've got the best house managers around.
They're excellent leaders who have a lot of
people looking up to them for answers, service
and carE~. Our house managers are extremely
good at 'Nhat they do.
3. We don't overbuild our properties. We know
exactly vvhat seniors and their families want for
their living spaces.
-105-
Key Points
. We've crealted something that people want.
This is maeie clear by the profitability of the
company. Our census for all houses open
at least a year is between 920/0 and 100%.
The uncon~ventional nature of our company
allows us t() be profitable at between 650/0-
75% occup'ancy. Each new house we have
opened ha~s been profitable within 3-9
months of ()pening.
-106-
Key Points
· Our business has two separate
components; real estate and operations.
Each of these pieces, standing alone, has
proven to t~e profitable and recession-
resistant. -rogether, they create a winning
combination for the business and the
people we serve.
-107-
Key Points
· Our experiE3nce has shown that the
business is. recession resistant. Seniors still
need housing and assisted living services,
regardless of what the economy is doing.
We've add~9d several profitable locations
between 1 ~~99 and 2004, during a difficult
period for rnany other companies.
-108-
Key Points
· Seniors ne'ed housing and elder care
services to,day, and as the numbers make
clear, will allso need housing and services
well into th~e future. The demand for the
housing and services is not based on a
passing farlcy or fad. Instead, it's based on
fundamentally sound principles and
business demographics that won't be going
"out of styIE~" anytime soon.
-109-
The Development Plan
. The compclny continues to build a strong
regional organization in the following markets:
MARKET
Chippewa Falls, WI (I)
Chippewa Falls, WI (II)
Baldwin, WI
St. Croix Falls, WI (I)
St. Croix Falls, WI (II)
Hugo, MN
Frederic, WI
Hudson, WI
Chippewa Falls, WI (III)
Blaine, MN
River Falls, WI (I), (II) and (III)
Brainerd, MN
Rochester, MN
TIMING
Opened 1999
Opened 2000
Opened January 2003
Opened June 2003
Opened May 2004
Opened September 2004
Opened December 2004
Open May 2005
Open September 2005
Open October 2005
Open Summer 2006
Open Winter 2006
Open 2007
-110-
Conclusioln
The company has proven to be good at making money
from money. We feel that Comforts of Home is an
excellent investrrlent and business opportunity.
We say this based on: (1) our actual operating
success, profitability, strength and experience in the
assisted living and senior housing industry; and (2) the
potential for gro\lvth supported by key demographics
and other fundamental business indicators.
-111-
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-114-
CITY OF COLUMBIA HEIGHTS
COUN1Y OF ANOKA
SEe. 36. lWP. 30 N. RNG. 24 W
KNOW AU PERSONS BY TliESE PRESENTS: Prlltt-Ordwav. UC. a Minnesota Umhed UabllllY Company, owner of the
rehowtng described property situated In the (ounry of Anob, Stale of MIMesota, to wit:
LOTS 13 THROUCH 17, SlOCK 2, WAlTON'S SUNNY ACRES 2ND ADDITION, ANOKA COUNTY, MINNESOTA.
Has caused the same to be surveyed and platted as HART LAKE AOOmON and does hereby donate and dedicate to the
public for public use forever ~he easements for drainage and utillrv purposes only a5 shown on this plat
in wttness whereof uld Pratt-Ordway. a Minnesota limited liability Company, has caused these presents to be signed by
Its proper officer this _ day of _, Z007.
Pralt-Dtdwey, UC.
STATE OF
COUNTY OF
The foregoing Instrument was acknowledged before me this _ day of 2007, by
as of Prau-ordway, u.c. a Minnesota Umned Liability Company, on behalf of lhe company.
NOlilry Public _ County, Minnesota
My Commission Explres_
I hereby cenlfy thai I have $wveyed and planed the property described on thb pial as HART lAKE ADOmON; that this plat
Is a correa repruentatlon of the survey; tnal illl distinces are: correctly shown on Ihe plat in feet and hundredths of a
foot; that all monuments haw been correctly placed In the ground as shown or wUl be placed In the ground .u
designated; that the outside boundary I1nu ite (OlRctly deSigMted on said plat; and that therll: ate no wet lands as
defined In Minnesota Statutes 505.02 Subd. 1, or public highways to be de.5lgnamd other than as shown on said plat.
Oanlell. Thurmes.land Surveyor. Minnesota: Ucense No. ZS71a
STATE OF MINNESOTA
COUNTY OF WASHINCTON
The foregoing Surveyor's Ceniflcate was acknowledged before me this _ day of
Daniel L Thurmes. Land Surveyor.
200_. by
Notary Public. Oakota County, Mlnnesolil
My Comml$slon Expires January 31, 201 0
CITY COUNCIL OF THE arv OF COlUMBIA HEIGHTS
This plat of HART lAJ{E AOOmON was approved by the City Council of the Oty of Columbia Helgnu, Minnesota at II.
regular meeting thereof held Ihls __d,y 0'___.200_. If applicable the wrlnen comments and
recommendations of the commissioner of transportation and the county highway engineer have been received by the citY
or the prescribed 30 day period has l!lapsed Wllhout feee'pl of such comments and retommendallons, ilS provtded by
MlnneSDUl Statutes, Section 505.03, SubdM~lon 2.
By
. Mayor By
. Clerk
ANOKA COUNTY SURVEYOR
This plat has been approved this _ day of __.200_,
By
Larry D. Holum
Anoka County Surveyor
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UNDERCROUHD f1fIER OPltC Cl.8LE
UNDERCROllND CA5 NAfN
OV(RH(AD EtLC1li:iC CMlLE
FENCL
INDEX CONTOURS
lNlERMEDtATE COtITOURS
COHCflE1E CURS AN[) CUTlER
OEClDUOUS TREE
CONlfEi1lOUS 'fREE
UGHT POI..!
ElECTRIC ',V..HHOL;:
TEUPHONE MANHOLE
ELEClRlC PEDESTAl
ltlEPHDtIt ptDES1Al..
SlREET SIGN
CUl"""T
SOIL BORINGS
WOODED AREA
PROPOSED
.
SANITARY SEr.et AND MANHa.E
STORM ~. M_4JiHOI..E" tATOt BASIN
W"TER UAlN, HYDRANT, CAn:: VN..'IE
COfTERUNE
fUGHT-oF'-WA'f
EASEMENTS
SE:lBACKS
SILT FENCE
INDEX CONTOURS
IfflERUEmAl'E CON1OURS
HART LAKE. ADDITION
~
SITE IMFKOVEMENTS
COLUM51A HEIGHTS, MINNESOTA
SITE.. LOCATION MAr
NOT TO SCAlE
-115-
SHEET NO.
CO.l
Cl.1
Cl.2
C:<.1
C2.2
C2.J
CJ.I-CJ.3
ENGINEER
HUMPHREY ENGINEERING INC.
2211 O'NElL ROAD
HUOSON. ill 5<016
PHONE, 715.531.0525
FAX: 715.531.0520
5URVEYING
CClRNERS10NE lANO S\JR\T:)1NG INC.
SUITE 18100
.00 E- CHESlNUl STREET
S1ILLWA TER. UN 55082
PHONE 651.275.8969
FAX 651.275.8976
MUNICIF AUTY
CI'IY OF COUMIlIA HIEGHTS
500 40lH AVE NE
COLUMBIA HElGHTS. UN 55421
(763) 706-:3600
FAX:: (763) 706-3601
5HEETINDE.X
SHEEl CONTENT
liRE PAGE
ElOS'llNG SITE
RadOVAL PlAN
unulY PLAN
GRAOING PlAN
EROSION CONTROL PlAN
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:caDIT; JRf
liAtl!: 10.06JJf
IIIft'TfO:
I
CO.l
l NOTES.
j
)
.-'IIll..
~..
ENf EOlllOfi OF THE M1UtiESOfA OEPMTMEHT OF 1lW'lSPORTAl1OH"5'fN1OARO
1lONS FOR COOSTRuc:TION" GO\IERHS EXCEPT AS MODIFIED BY me ClTV OF COlUfAalA
OOES, OROIWINCES, SfNmAAOS AND SPECtACA T1ONS_
NSlALl,IhSPF.CT, MAlNfAIN N-O R1iUOVE,IU HECESSARYTRAFFIC COtlTROLSlGNJ,GE.
ICCONTftDL OEVICESNm stGNAGE SlW.l CONfORM 10 AU. lOCAL, COUNTY AND:rrATI:
O"fTROt.GUIOB..IiES,lNClOEtfTAI. TOPROJECT.
INO t1T1l.J'N INFONMTIOH SHOWN ON THESE 0AA.~G3 IS uor Gi.lARAHlCEO TO Sl!
iORAllIJ.lClUSM.. ctlHT.ru:TGCI?HER 5TATEDHECAlltlI5'..(~FORme
Of ALlONDERGROUNlJWtRe$.CA8l..E5, CONDUITS, PIPES, VAlVE$. MAHHtt.ES.OR
;:urn STlWC'IURES BEFORE DIGGING. RS"AIR AAY OF 'lHE ABOVIl WHICH ARE. REMCIYEO
.EO DURING c:JNSTJWCnON AT NO COST TO'fHl! 0INt>lER
ilOCATIO.'II OF,lU UTlUTlES AND l..flVN COHHEcn0tt9 MUSTBE ViRlFED PAlOR'ro
ING WORK. lOCATE. na.o vauF'l' AI<<) f'ROl'KT AU. ExISTING UTlJfES N<<>
>ttlC FEATURES PillOR TO SiART OF mE COf.IS\'RUC'tlOti tw.EtJA.TEl.'fNCmFY'&E
Of ~OlSCREf'ANCIES OR VAflIATlONS FROM lHEPlAH,
.L NECl:SSIt.RY PERNmJ NID NOTlfY AU. UTlUTf COMPAHlfS WITH UTUlIES ON lim:
~ CONSTi!;UCTlON OF TlE PROJeCT, ADHeRE TO AlL N>f'UC..t,BI..r; lOCAl. ST"-Tf.
DEAAllAWS FOft Nl'r COST lNQJRRED CUE TO THE DAMAGE OF SAJD \ITllJTIel.
iURVeY NfO TOPOGAAPIiIC INfCIRAMTlON PROVIDED BY COfIroERS"TONE I.NC)
J trK:. HUl\4f>HREY EHGINEEAINO ale. IS NOT RE"SPONSlOLE fOR llE ACOOAACY Of
JON PROVIDED 8Y otHERS.
\
,
\.
\.,
NOTES
i.
TOfllS RE:5PONSW.E fOR AU. HOfUlDNTAl. -"NO vemcAl COHTROl OHCEltE
IT HAS SiWf ESTABlISHED BY ntE StJR\IE'YOR. .-.DDfTlOW\L COST FOR REST.'\KWG
Ef"I.ACING OAW.GEO &TAXES IS THE IlESPONSlBUTY OF TlE CONTRACTOR.
lJ.l'f N/t}UL TESTING TO INClUDE BUT NOTUtollTED TO SOIl, COlIFACnON lE5T1NG,
'UN Pf\E~.COI'C1UCTMTY,Jt,ND lJAClefl1A TEIS1lNG, SNm"NlY 2WEft lI'RDSUf:l;
'JREl TESTtNG. COHCRE'fi CtJR8 J.ND0IlnU SlMP\Jl'.lD AHDTES1lNO TO OCCUR"O
N EVERY ~ AHOADOrTlCJN,tL TEST1NG DEBJEO tECE5SARY8Y THE arr ORENGIEER
momoWL COMPetSATION..
ss MATERIAl. 8fl\JMIJ.IOUS SURFA.C.I<<J. CONCf1ETEtTEMB:, flDACNtD lIfUTYnEMS AHO
.astJlJA81E WAlERW..S SHAU.8ECOME THE PROPERlY OF mE COHTRACTORAKJ8 'W.l.
SED Of 0FfTHf: CONSTRl.X:T1OH sm;. lNl\CCOROANCewmt AU. ~ LAWS Nfl)
QNS, UNtf!SOTHERV'llSESPEClAED.
o SPOT El.EVA TlON.!i AND CCIt>ITOURS ARE: 'to PnOPOSED Flt.usHEtl GRADE. PA\lEf,lfJlT
f' CURP, UM.ESS OTHERW'ISE SPEClFIEll
rr 8ETJlKEKDURINO AU. COtlSTRUCllONAND EXCAVA~ ACTMTlE5 TO PROTECf AU.
40MJUENTS ANOIDR PROPERlY CClIlHSUi
olY mo ALL DAJ,lAGE TO ElOSllHG STllUCl'Ul'tES IVID smi FEAl1JRfiS cue TO
CT10H =>vI1"Y.
OSED UTl.JTY toHSliWClJON 5HAl.1. BC COMPl.-"TEO USING N"PftO\IID WA"RRWJ!,
OF PlACEI.4EHT ANO TESlltIG AS REQUlAED BY AU.. GO'IIERNIN!; SPEOFlCATlONS.
S lOCAno..FROM BAl:K OFCURlI. NAItlTNH 75' OF COYER ~lt:lP OF AU.
OW^TERlMIN. UEGAlUGS&H/IUIlEUSfDONI<U.'Il'ATmMAWflT11NGS,
CQfI$TIWCTIOH ....~
S.l.MTNn'liEVIeI,,"-
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rl>>',CLASlIll
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~
-+=
~
~
\:;':;';';
C04tIt:Cl' 10 E>>5TlNG 10- WATm WAIN, ASBlillfS
UiDltAlE A ,O"Xllr" TEE WAS INSTAllED AT THE.
C~CTlOH poon 'MTH tHE RUN 10 NORT>> AND
BRANCH TO fItST. INSTMl. A 10.1<8- REDUCER TO
TEE AND S- GA~ VAlIIt: tUIAEOIATEtv ~.
~
37TH AVENUE
NORTH EAST
~'c
.!~
"
l~ -\\
ER STATE ONE CAU SYSTEM 651.454.0002
~'~H;.IIEQ; '"UIIolWIDIQ!.!lIiIMi~ ll1Uo/;;~~_",IP<lIITTlUW.HTOI'SUMa.lIi>HJ_lttEf'II:OI'tKlYotl'iil__''''fIN!.UIlDtlRc:of1ED~'''''ftMJI'1(fttlOl'<SEWJ.
-116-
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JOH
JRR
10,08_06
C2.1
~y
.IRRENT etlT1C>>i OF THE MfNNESOTA OEflAAT'UEHT OF lAA'Gf'ORTATlON
)MQ Sf'EC.lFlCAllONS FMCONSTRuC1lON"GCNeUiS DCePT AS MCll:NRED
~OTY OF COlUMBIA HEIGHTS CODES. ORolNAHCES, STANDARDS AND
'lCA.llOHS
:iH, IN5T AU.ItiSPECT, MAlrfl'AIN N<<J RfMl:JVf o'LL HECESliAAY lPH'FlC
IOl SIGNAf.E- ALl ~C CONTROl DlMCESANC SIGUAGE SHALL COHfORM
. lOCAl..., COUNTY AND SlATe. TRAFflC CONTROl GlJiOELlNES, 1NCIOElfTAI. TO
CT.
OEillNG UTurv lNFOffM.a.TlOtI $lfOWH ON 'l'HfS~ DRAlNINGS IS HOT
INTEEDlO8E~n;ORAl..llNCl.USl\lE. COHlACfGQPHER STATEaE
3,5t-454-(002) fOR Tlt! LOCATION Of AU.lJHOt;fl;GROUND wtRa,~,
JETS. PftS. lI"llJai, w.HHOLES, OR OUlP 8UfUeD STRUCTURES lSEFDAE
Ill_ RSPAlJ< ANY OF THf A8OV'l! 'MitCH ARE RatOVED OR DAAl'GS) 0lNfG
"RUCl'1DH 1,T NO COST TOTHi OWNER.
<ACt LOCA noN OF AU.l1T1l..mES AND I.nl.JTY COM-lECllOUS MUST Be
ED PmoRTOCClMMENCtiGWORX, lOCAoTE. FlELOVEitIFY -'M)Pft01CCT AU.
~ UTUt$$ AND lOPOGMPHlC FEAl'UlU!S PRIOR TOSTARl OF SITE.
RlJCnON. IMMEDlATEl Y NOTIFY me ENGINEER OF Nlf msau:PANOEI OR
IlOti8fROl',lll-EPlAN
:Ii: AU. HECltSSARYPEiWITS AND NOTIFV AU. UnUTYCONP-ANlESWlTH
ESON SiTE PR1ORlO THe"CONSlRUCTlONOFlHE PROJECT. A.DtllWilO.llL
:A.GlE lOCAL. STATE, NlDIOR FaJEfW.LAWS FOR mYCOST~OlJE
; DAMAGE OF SAI) tITlLmES.
110 SURVf:'( ,lIi[) TOPOGRAPHIC INfORtM,l1OH f'ROIIDED 1ft COfVIeRSTONe
ll.1R'IEYING R:. HUMptfl'tE'( EHGflEERING INC. IS NOT RESPOHSl8LE fOR llE
lACY Of IHFORMAT\OHPROYlOODBYOTH6Ul.
~
NlY 5I1ITNIl.!l MATERW. AS APPROVa) BYlIiE f:1.NG>>EER FOR BUll.DlNa pm
TRfET CONS:TRlJl:TlO1 REMCNE ltISUfTASU! AND UNSTA8l..E LPTatl.ALS
)lHG /JUTtiOT WIttO TO TOPSOIl, ORGANIC MAT'ERW.. AND DE8F3! fROM
Jll.DtNG PAD AND STREET AREAS. COWACl TI1S UPPER 3 FEET OF
-IKMenTIN THe":;TI'(EE'tTO too.... OF ~ $T~ PROClORot:NSI1Y.
".CT STRER EM8ANKMENTS aa.ow tHE UPf'ER 3 FEn AHD BI.II.DlHG
>AT1ON3;TOHO LESS TlWI~'Io OF THE STANOARO PAOCtOftDEHStTY.
1U."'-l8E1.OWGRoIOE EXC'AV.a.1lON1: MolEOIATa Y IJP'OHREMOVAl..Df TlC
iAa.E SOU. 8Aao:tU.. EXCAVATIONS AtUACSilT TO IOOST1NG PAVilAiHTS
"1'lY TO,woo IJtIO:RMlNlNG OF lliE Eltl8l1HG P~VEMfNT.
Ge AND PROVlDE ~ MINlUUM DEPTH OF IHNCHts Of: TOPSOI. lD jlU NIEA5
RIlED BY CONSllWCTION.
v.t:TOR 1$ RESPONSIBLE FOR H.L HOAttONT~ AND VERllCAL. CCtffl<<'Jl. ONCE
..K'iJil,tfNfHASUEEN ESTABl.JSHEOBYntl: SURVEYOR. AOlJI'f1OtW.COSlFOR
.KINO: MlOIOR fW'lAClN<i twAAGeD STAKES 13 THE RESPONSlN.I1Y OF ntE
<ACT1JR
OEAtL SOIl lESTYIlQ AT INTERVAlS NOLESSTI\AHE\l!RY5O:I'AAD
IONAL TEST1NGDfEMED NECESSARYIN' crTY STAFf, GeaJEtHNIC,IL
fER em PROJECT EHCilNEEft WITl1 NO ADDlllClNAL ecMPENMoTlON.
:lE0Flm D9lsnv METHOD OF COMPAc-noN tS REoumm FOR AU PORTtoNS
ifMA.NeHTCON5TRUC'T1OH. STN€WUJ COMPN:T1CJH IS RfatIRED FORN<<
:mNIY COIlStlU.ICTlOH.
Sf OF AU. EXCiS5 WATERW.. Srn.JI.flNClJSSUflFAaNG. COHCAi:fEI'TPofS.
JED UT1UT'f RiUS A.ND OTtU:R UNSUTABl! JA.\ iERLI\UI OfF mE
llWCTIOK &fTE IN ACCOftD..lHCE wmt AU. N'f"I...CAl3lE LAWS H~
ATIONS. \JNl.E:S5 OTliE:R'MSE SI"EOFI&D.
lSEQ SPOT flEVATlOHS AND COtfftJUftS ARE TO FINI3HBJ GRADE, PAVEIENT
.cE OR TOP OF CURS. IJHlESa 0Tl-t!RWl5E;: SPeCIFIED.
f 1lfE CITY Of em'" OF COI.lJMlU,l tElGHTS, PUlIUC WORKS DfPM11oIEHT.'-
llN IDVAACE OFWORKINGWfllttH TliS RJGHT('.,FWAY. alY IUSPECfORS
06SERVE AU. WORK COMPLETm, HCUJDI/IIG 'friE ReWVN. Of ElOS11NQ
.. GlITTER. EXCA.VATlON OF TRENCHED. ~OF STORM
.COHHECTlOHS TO ~un.JTYLlHE5.llACKAL1.lNGANO~
UMINClUS PAVEMENT NOOR CONCIUrlE CURB NDourn:R
..IITE AU. fl~OPOSEDSTAEETcow.mwcnON USING ~,"TERIAU.
IDS Of' Pl.ACEMENT NOD TeimG AS Rl!QUlFla) BY AU. GO'IEflNlHiJ
1lC:411ONS.
WSTBErNIEN ~ CDNSTRlJC'TlOH NlD iXCAVATlONlOPRCIt'ECT ALL
'" MOI-Il,JUfNTII ANQ.fOFl PROPERTY IROH$ ON fflD ADJN:ENT 10 nu SfTE.
,AU. OAIMGE TO EXlSl1HO fAClt.lT1ES RSSUL TWD l'f<<>>d CONSlRtJCJ1ON
:'t1ES AT ~CO$T TOniE OWNER.
DE A SlAOOlH AND 'THOROuGH lfW-lSrrION BETNEEN PROPOSSJ liIlE
,S AND UfWHAGE WAYS ANa ElQSTlNG~ srrE GRAJaJAHO
t,QEWA-'f8
:) sw.u. UE05O. tr, UM..fSS On-ta\'MSE SPECIflEO.
JRB ANDGlJT'i(R SHALlllf cotCPEI1!: DiltZ. UflUSS 0'llIe.RWI~ 5l'e.ClflBl
:TAlL
EN OIMEN51ONS PREVAIl OVER SCAUroDlMElllSK'JHS.
00 SVRVE'f t.\I1i:RTlC,Al. COKtOUR 1m1!AVN., cnv OF Nll'lHUJl'OUSVER1lC.AL
I. VNlIABt.E: COHTOUR INTERVAL FOR PROPOSW GFW:IIHG.
CONTRACTOR TO ENSURe THAT LAIlD
DISTURIIANCE Does NOT OCCUR OUTSIDE
GRADING LIMITS.
IER STATE ONE CALL SYSTEM 651..454.0002
~ii('...
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HART LAKE
NIIL 2:lV.70
100m B1IL lUO.50
.BOIFlLlm f2
'OM ElEV, 2.8,0
illV. 249.5
- 'P\mPOIlIlL1!i:uJL... _
'.II BUWlING
11.050 SF
-----~.jJ-~-~!:~--
NOTEI
-~
~ERDIWH"UST81
;b- - -C:::::.~na:.::~=
~ AIIUS SHALL.I:
....EllFQRAftD PIPE.
_ - ::..::.:rt.lSTAU. 86'2: c.t:G TO WITH
AT PROPERTY UHt.
~-~---
--
'~1.__ __
37TH AVENUE
NORTH EAST
~
-.
"-
.)~
, ~
;/
-/.. g t&;so 10
~totCltU/WlaflC-(lE)H-&.I'IIC11fBRlIMVIlD. _H~_~~OI'I5Ift\Ia.NGMlntEAIOf'EIfTfOl'tE.I__,(HCIJ"BlU!llDCQCCf'1Dl\9l1lfOUf'lUlIIl'l'IIIJWN~
-117-
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:ow.m...-r. JOH
tlHIiCKlDrf, JAA
.... 10.06.06
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C2.2
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B10flL lER Il2
8- f'UltlRAllO \mtlERD1'l~1H ClJTlET fJl>E.
N(>>l-WO'o'EN Gt01tXl1U: (u..oOT T'l'f'E I)
0VDl CRAVEl. 8LAHKET _ ElC1T.NDIriC 2'
FlIru U!URD/UJM P'fPf SlDa
1-l_~':~~J
X--lr' WA9CJ) ~ ftI.JH l"EA GRAVEL
Pl..IJffiNG W"'1ERlAl HOTES:
COHS1lIlJCUOli $,IJfO SKAU.. IE: QDH AND na: f1tOM DD.E'nlIflOS
MAtENAL AASI110 u-. 011 ASlW C-3J 'MTH o.ot" 10 0.04- (:RNH SIZE.
'fCI"SOIl. SHAll. lIE $ANDY lDAW. LOANY SNCD Oft LOAM lEXlUIU: PVt USDA
'JEXlUftAL 1lll.WGlL liIl'Itt LESS llWf ~ CUT eoNltHf,
CflGNIC lEAF couPosr SH.tU Bt ""'/DOT GIVJ)E 2.
BIOFILTER DETAIL
NO SCAlE
~
~
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QlIllAlJQ..lD:I~NGII.Y
!![1WO'IE~TM'NJ.fD.
l- 1IOl<'-H"A!S'.IWi;SltDIllIlWIIlO
1'Il000000tl AVAl.4l CIl PAlO
=~~CA1":uo.
J, Sllltit.1UREfl'4Jll5IW.L1It
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,!~_qlt.J.!!...nn__.
;'i\~J,:f;;~
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SECTJDN A
TRENCH DRAIN DETAIL
NO SCAl(
~~ltCfI.AU.IllIil~~_n.ua00ClJt0l(""IAN_~'orliJlllltDAHD:~1ltII'/lDf'Pm'orHl!lH<<JW.YHOTEU5t:OORCCII'El)"tlI'IltOIJt'l'flOAWRmUI~.
NOTE; TREATED LUMBER PlANKS TO BE BOLTED
TO 6' X 6" POSTS. BOLTS SHAll. BE GALVANIZED
3/6' 0lA WlIli WASHERS AND NIlTS (lYP).
INSTALL ENOS OF WEIR A
UINIUUU Of 2' INTO BANK
~
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w 160
58~~
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PLAN VIEW
(NOT TO SCALE)
6'" X 6- TREATED
lUMBER POSTS
z
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TtXtit>>1tt1UFA8RIC
INlOUNlJSlUllIEDSOIt.
001lET
plf'E
1N5lH1. PCli1i tg WINIIAlW
OEPlH CE 5' BE1.OW 11M.
SKIMMER DETAIL
NO SCAlE
iji-
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~~ --
.......- 475<102
-'" .lOti
JRR
'" . 1D.05.06
....-
C3.1
-118-
-@
-oFHume
NOTeS
$KAU.unl'Tnc~lInAlTttlllln AU.
lid WIlI!l'Htft""lCI1'vec~1' fiII'J1Yll 011 nc
st 'l'H1I"1Ul IT l1CCtlMT1IACTUll """"'0 TIC
~""'-!'IC~OlIItWJ.NO'1"IIOlZttI
01" llOkil: 1IHlO4 It ltUCNIILf welt~ mruout
:.rneJOJlAlQlttm.
MI:" _ _11!alAU ~ g)UI'l.l 'IrITIi AU.
l., nAn AIlU f'toUAl. RNAf_ NeD COOU tlll1
.1.ar:ltll'OllllalZf'OIlAU.ItftIn.AIlO~1OIfl
1-~ EW FACILITY
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3661419.3
DEVELOPMENT CONTRACT FOR
PLA T OF
HART LAKE ADDITION
ANOKA COUNTY, MINNESOTA
INDEX TO CITY OF COLUMBIA HEIGHTS
DEVELOPMENT CONTRACT FOR
HART LAKE ADDITION, ANOKA COUNTY, MINNESOTA
RECITALS
ARTICLE 1 - DEFINITIONS
1.1 Terms
1.2 City of Columbia Heights
1.3 Developer, Owner
1.4 Plat
1.5 Development Plans
1.6 Development Contract
1.7 Council
1.8 PWD
1 ^ Director of PWD
l.~
1.10 County
1.11 Developer Improvements
1.12 Developer Public Improvements
1.13 Developer Default
1.14 Force Majeure
1.15 Developer Warranties
A. Authority
B. No Default
3661419.3
C. Present Compliance With Laws
D. Continuing Compliance With Laws
E. No Litigation
F. Full Disclosure
G. Two Year Warranty On Proper Work and Materials
H. Obtaining Permits
1.16 City Warranties
A. Authority
1.17 Formal Notice
ARTICLE 2 - DEVELOPER IMPROVEMENTS
2.1 Developer Improvements
2.2 Boulevard and Area Restoration
2.3 Street Maintenance
2.4 Occupancy
2.5 Approval of Contractors and Engineer
2.6 Construction
2.7 Inspection
2.8 Faithful Performance of Construction Contracts
2.9 City Acceptance
ARTICLE 3 - RESPONSIBILITY FOR COSTS
3.1 Developer Improvement Costs
3.2 Enforcement Costs
3.3 Time of Payment
3661419.3
ARTICLE 4 - DEVELOPER WARRANTIES
4.1 Statement of Developer Warranties
ARTICLE 5 - CITY WARRANTIES
5.1 Statement of City Warranties
ARTICLE 6 - INDEMNIFICATION OF CITY
6.1 Indemnification of City
ARTICLE 7 - CITY REMEDIES UPON DEVELOPER DEFAULT
7.1 City Remedies
7.2 No Additional Waiver Implied by One Waiver
7.3 No Remedy Exclusive
7.4 Emergency
ARTICLE 8 - ESCROW DEPOSIT
8.1 Escrow Requirement
8.2 Escrow Release and Escrow Increase; Developer Improvements
ARTICLE 9 - MISCELLANEOUS
9.1 City's Duties
9.2 No Third Party Recourse
9.3 Validity
9.4 Recording
9.5 Binding Agreement
9.6 Contract Assignment
9.7 Amendment and Waiver
9.8 Governing Law
3661419.3
9.9 Counterparts
9.10 Headings
9.11 Inconsistency
9.12 Access
9.13 Landscaping
9.14 Park Dedication
9.15 Record Drawings
9.16 Additional Agreements
9.17 Release of Development Contract
EXHIBIT A - LIST OF DEVELOPMENT PLANS
EXHIBIT B - DEVELOPER PUBLIC IMPROVEMENTS
EXHIBIT C - ESCROW AND PARK DEDICATION CALCULATION
366] 419.3
CITY OF COLUMBIA HEIGHTS
DEVELOPMENT CONTRACT FOR
HART LAKE ADDITION
THIS AGREEMENT, made and entered into on the day of ,2007, by
and between the CITY OF COLUMBIA HEIGHTS, a municipality of the State of
Minnesota, (hereinafter called the CITY), and the OWNER and DEVELOI>ER identified
herein.
RECIT ALS:
WHEREAS, the DEVELOPER is requesting final approval of the PLAT;
WHEREAS, the DEVELOPER has applied to the CITY for approval of the preliminary and
final plat and the DEVELOPMENT PLANS, and the same have been approved by the CITY,
WHEREAS, in conjunction with the granting of final plat approval and other approvals, the
CITY requires: a. the installation of a paved bituminous trail on the west side of Hart Boulevard
extending from 3 ih A venue to approximately 550 feet north of 3 ih Avenue.
WHEREAS, under authority granted to it, including Minnesota Statutes Chapters 412, 429 and
462, the COUNCIL has agreed to approve the DEVELOPMENT PLANS on the following
conditions:
1. That the DEVELOPER enter into this DEVELOPMENT CONTRACT, which contract
defines the work which the DEVELOPER undertakes to complete within the PLAT; AND
2. The DEVELOPER shall provide an irrevocable letter of credit, or cash deposit, in the
amount and with conditions satisfactory to the CITY, providing for the actual construction and
installation of such improvements within the period specified by the CITY.
WHEREAS, the DEVELOPER has filed four (4) complete sets of the DEVELOPMENT
PLANS with the CITY;
WHEREAS, the DEVELOPMENT PLANS have been prepared by a registered professional
engineer and have been submitted to and approved by the DIRECTOR OF THE PWD.
NOW, THEREFORE, subject to the terms and conditions of this DEVELOPMENT
CONTRACT and in reliance upon the representations, warranties and covenants of the parties
herein contained, the CITY, OWNER and DEVELOPER agree as follows:
3661419.3
ARTICLE 1
DEFINITIONS
1.1 TERMS. The following tem1s, unless elsewhere defined specifically in the
DEVELOPMENT CONTRACT, shall have the following meanings as set forth
below.
1.2 CITY. "CITY" means the City of Columbia Heights, a Minnesota municipal
corporation.
1.3 DEVELOPER: OWNER. "DEVELOPER - OWNER" means Pratt Ordway,
LLC, a Minnesota limited liability company d/b/a Pratt Ordway Properties.
1.4 PLAT. "PLAT" means the plat of HART LAKE ADDITION, in the CITY of
Columbia Heights, Anoka County, Minnesota.
1.5 DEVELOPMENT PLANS. "DEVELOPMENT PLANS" means all those plans,
drawings, specifications and surveys identified and checked on the attached
EXHIBIT 'A,' and hereby incorporated by reference and made a part of this
DEVELOPMENT CONTRACT.
1.6 DEVELOPMENT CONTRACT. "DEVELOPMENT CONTRACT" means this
instant contract by and among the CITY, OWNER and DEVELOPER.
1.7 COUNCIL. "COUNCIL" means the Council of the CITY of Columbia Heights.
1.8 PWD. "PWD" means the Public Works Department of the CITY of Columbia
Heights.
1.9 DIRECTOR OF PWD. "DIRECTOR OF PWD" means the Director of Public
Works Department of the CITY ofColumhia Heights and his delegates.
1.10 COUNTY. "COUNTY" means Anoka County, Minnesota.
1.11 DEVELOPER IMPROVEMENTS. "DEVELOPER IMPROVEMENTS"
means and includes all the improvements identified on the attached EXHIBIT 'B.'
1.12 DEVELOPER PUBLIC IMPROVEMENTS. "DEVELOPER PUBLIC
IMPROVEMENTS" means and includes, jointly and severally, all the
improvements identified and checked on the attached Exhibit B that are further
labeled "public". DEVELOPER PUBLIC IMPROVEMENTS are improvements
to be constructed by the DEVELOPER within public right-of-way and which are
to be approved and later accepted by the CITY. DEVELOPER PUBLIC
IMPROVEMENTS are part of DEVELOPER IMPROVEMENTS.
366] 4] 9.3 2
1.13 DEVELOPER DEFAULT. "DEVELOPER DEFAULT" means and includes,
jointly and severally, any of the following or any combination thereof:
a) failure by the DEVELOPER to timely pay the CITY any money required
to be paid under the DEVELOPMENT CONTRACT;
b) failure by the DEVELOPER to timely construct the DEVELOPER
PUBLIC IMPROVEMENTS according to the DEVELOPMENT PLANS
and the CITY standards and specifications;
c) failure by the DEVELOPER to observe or perform any covenant,
condition, obligation or agreement on its part to be observed or performed
under this DEVELOPMENT CONTRACT;
d) breach ofthe DEVELOPER WARRANTIES.
1.14 FORCE MAJEURE. "FORCE MAJEURE" means acts of God, including, but
not limited to floods, ice storms, blizzards, tornadoes, landslides, lightning and
earthquakes (but not including reasonably anticipated weather conditions for the
geographic area), riots, insurrections, war or civil disorder affecting the
performance of work, blockades, power or other utility failures, and fires or
explosions.
1.15 DEVELOPER WARRANTIES. "DEVELOPER WARRANTIES" means that
the Developer hereby warrants and represents the following:
A. AUTHORITY. Developer is a limited liability company, validly existing
and in good standing under the laws of the State of Minnesota.
DEVELOPER has the right, power, legal capacity and authority to enter
into and perform its obligations under this DEVELOPMENT
CONTRACT, and no approvals or consents of any persons are necessary
in connection with the authority of DEVELOPER to enter into and
perform its obligations under this DEVELOPMENT CONTRACT.
B.
NO DEFAULT. DEVELOPER is not in default under any lease, contract
or agreement to which it is a party or by which it is bound which would
affect performance under this DEVELOPMENT CONTRACT.
DEVELOPER is not a party to or bound by any mortgage, lien, lease,
agreement, instrument, order, judgment or decree which would prohibit
the execution or performance of this DEVELOPMENT CONTRACT by
DEVELOPER or prohibit any of the transactions provided for in this
DEVELOPMENT CONTRACT.
C.
PRESENT COMPLIANCE WITH LAWS. DEVELOPER has
complied with and is not in violation of applicable federal, state or local
3661419.3
3
1.16
3661419.3
statutes, laws, and regulations (including, without limitation, permits and
licenses and any applicable zoning, environmental or other law, ordinance
or regulation) affecting the PLAT and the DEVELOPMENT PLANS and
the DEVELOPER IMPROVEMENTS; and DEVELOPER is not aware of
any pending or threatened claim of any such violation.
D. CONTINUING COMPLIANCE WITH LAWS. DEVELOPER will
comply with all applicable federal, state and local statutes, laws and
regulations (including, without limitation, permits and licenses and any
applicable zoning, environmental or other law, ordinance or regulation)
affecting the PLAT and the DEVELOPMENT PLANS and the
DEVELOPER IMPROVEMENTS.
E. NO LITIGATION. To the best of Developer's knowledge, there is no
suit, action, arbitration or legal, administrative or other proceeding or
governmental investigation pending, or threatened against or affecting
DEVELOPER, except as disclosed in writing to the CITY, or the PLAT,
or the DEVELOPMENT PLANS or the DEVELOPER
IMPROVEMENTS. DEVELOPER is not in material default with respect
to any order, writ, injunction or decree of any federal, state, local or
foreign court, department, agency or instrumentality.
F. FULL DISCLOSURE. None of the representatives and warranties made
by DEVELOPER or made in any exhibit hereto or memorandum or
writing furnished or to be furnished by DEVELOPER or on its behalf
contains or will contain any untrue statement of material fact or omit any
material fact the omission of which would be misleading.
G. TWO YEAR WARRANTY ON PROPER WORK AND
MA TERIALS. The DEVELOPER warrants all work required to be
performed by it under this DEVELOPMENT CONTR_ACT against poor
material and faulty workmanship for a period of two (2) years after its
completion and acceptance by the CITY. The DEVELOPER shall be
solely responsible for all costs of performing repair work required by the
CITY within thirty (30) days of notification.
H. OBTAINING PERMITS. The DEVELOPER shall obtain in a timely
manner and pay for all required permits, licenses and approvals, and shall
meet, in a timely manner, all requirements of all applicable, local, state
and federal laws and regulations which must be obtained or met before the
DEVELOPER IMPROVEMENTS may be lawfully constructed.
CITY WARRANTIES. "CITY WARRANTIES" means that the CITY hereby
warrants and represents as follows:
4
A. AUTHORITY. CITY is a municipal corporation duly incorporated and
validly existing in good standing the laws of the State of Minnesota.
CITY has the right, power, legal capacity and authority to enter into and
perform its obligations under this DEVELOPMENT CONTRACT.
1.17 FORMAL NOTICE. "FORMAL NOTICES" means notices given by one party
to the other if in writing and if and when delivered or tendered either in person or
by depositing it in the United States Mail and in a sealed envelope, by certified
mail, return receipt requested, with postage and postal charges prepaid, addressed
as follows:
If to CITY:
City of Columbia Heights
Attention: City Manager
590 40th Avenue N.E.
Columbia Heights, MN 55413
If to DEVELOPER
Pratt Ordway Properties
c/o Leonard W. Pratt
3500 Willow Lake Boulevard, Suite 100
Vadnais Heights, MN 55110
or to such other address as the party addressed shall have previously
designated by notice given in accordance with this Section. Notices shall be
deemed to have been duly given on the date of service if served personally on
the party to whom notice is to be given, or on the third day after mailing if
mailed as provided above, provided, that a notice not given as above shall, if
it is in writing, be deemed given if and when actually received by a party.
ARTICLE 2
DEVELOPER IMPROVEMENTS
2.1
DEVELOPER IMPROVEMENTS. The DEVELOPER shall install, at its own
cost, the DEVELOPER IMPROVEMENTS in accordance with the
DEVELOPMENT PLANS. The DEVELOPER IMPROVEMENTS shall be
completed by the dates shown on EXHIBIT 'B' subject to Force Majeure, except
as completion dates are extended by subsequent resolution of the COUNCIL.
Failure of the CITY to promptly take action to enforce this DEVELOPMENT
CONTRACT after expiration of time in which the DEVELOPER
IMPROVEMENTS are to be completed shall not waive or release any rights of
the CITY; the CITY may take action at any time thereafter, and the terms of this
contract shall be deemed to be automatically extended until such time as the
DEVELOPER IMPROVEMENTS are completed to the CITY's reasonable
satisfaction.
3661419.3
5
2.2 BOULEVARD AND AREA RESTORATION. The DEVELOPER shall lay
cultured sod or hydro seed in all boulevards within 21 days of the completion of
street related improvements and restore all other areas disturbed by the
development grading operation in accordance with the approved erosion control
plan, over the entire PLAT.
2.3 STREET MAINTENANCE. The DEVELOPER shall clear, on a daily basis,
any soil, earth or debris from the streets and wetlands within or adjacent to this
PLA T resulting from the grading or building on the land within the PLAT by the
DEVELOPER or its agents, and shall restore to the CITY's specifications any
gravel base contaminated by mixing construction or excavation debris, or earth in
it, and repair to the CITY's specifications any damage to bituminous surfacing
resulting from the use of construction equipment.
2.4 OCCUP ANCY. Unless otherwise agreed to by the CITY, no certificate of
occupancy and no occupancy of any building in the PLAT shall occur until the
DEVELOPER IMPROVEMENTS have been installed. Unless otherwise agreed
to by the CITY, this provision excludes Site Landscaping and Site Street Lighting.
2.5 APPROVAL OF CONTRACTORS AND ENGINEER. Any contractor or
engineer preparing plans and specifications selected by the DEVELOPER to
design, construct or install any DEVELOPER PUBLIC IMPROVEMENTS must
be approved in writing by the DIRECTOR OF PWD, which approval shall not be
unreasonably withheld; provided however that the CITY hereby specifically
approves Humphrey Engineering, for such purposes.
2.6 CONSTRUCTION. The construction, installation, materials and equipment
related to DEVELOPER PUBLIC IMPROVEMENTS shall be in accordance with
the DEVELOPMENT PLANS. The DEVELOPER shall cause the contractors to
furnish the PWD with a written schedule of proposed operations, subcontractors
",nrl ITl",jpri '" 1 ,,"nnl ipr" ",j ]p",,,j "fi"p {'\, rl "''''' nri.\r j{"\ ('{"\ITlITlPnf'PITlPn1 ("\f
~u~ u,~,_. .~. ~~YYU_'~, ~. ._~~. ... _ "~I ~~.l ~ Y' .-. .- __UHH_U__U._U. -.
construction work. The DEVELOPER shall notify the CITY in writing,
coordinate and hold a pre-construction conference with all affected parties at least
three (3) days prior to starting construction of any DEVELOPER PUBLIC
IMPROVEMENTS.
2.7 INSPECTION. The PWD or its designated representative, shall periodically
inspect the work installed by the DEVELOPER, its contractors, subcontractors or
agents. The DEVELOPER shall notify the PWD two (2) working days prior to
the commencement of the laying of utility lines, sub grade preparation, the laying
of gravel base for street construction or any other improvement work which shall
be subsequently buried or covered 10 allow the CITY an opportunity to inspect
such improvement work. Upon receipt of said notice, the CITY shall have a
reasonable time, not to be less than three (3) working days. to inspect the
improvements. Failure to notify the CITY to allow it to inspect said work shall
result in the CITY'S right pursuant to Article 8 to withhold the release of any
366]4]9.3 6
portion of the escrow amount resulting from work being performed without the
opportunity for adequate CITY inspection.
2.8 FAITHFUL PERFORMANCE OF CONSTRUCTION CONTRACTS. The
DEVELOPER shall fully and faithfully comply with all terms of any and all
contracts entered into by the DEVELOPER for the installation and construction of
all of the DEVELOPER PUBLIC IMPROVEMENTS; and the DEVELOPER
shall obtain lien waivers. Within thirty (30) days after FORMAL NOTICE, the
DEVELOPER agrees to repair or replace, as directed by the CITY and at the
DEVELOPER's sole cost and expense, any work or materials that within two (2)
years after acceptance of the DEVELOPER PUBLIC IMPROVEMENTS by the
CITY becomes defective in the commercially reasonable judgment of the CITY.
2.9 CITY ACCEPTANCE. The DEVELOPER shall give FORMAL NOTICE to
the CITY within thirty (30) days once DEVELOPER PUBLIC
IMPROVEMENTS have been completed in accordance with this
DEVELOPMENT CONTRACT and the ordinances, CITY standards and
specifications and the DEVELOPMENT PLANS. The CITY shall then inspect
the DEVELOPER PUBLIC IMPROVEMENTS and notify the DEVELOPER of
any DEVELOPER PUBLIC IMPROVEMENTS that do not so conform. Upon
compliance with this DEVELOPMENT CONTRACT and CITY ordinances,
standards and specifications, and the DEVELOPMENT PLANS, the
DEVELOPER PUBLIC IMPROVEMENTS shall become the property of the
CITY upon FORMAL NOTICE of acceptance by the CITY. After acceptance,
the DEVELOPER PUBLIC IMPROVEMENTS become the property of the
CITY. If the DEVELOPER PUBLIC IMPROVEMENTS do not conform,
FORMAL NOTICE shall be given to the DEVELOPER of the need for repair or
replacement.
ARTICLE 3
RESPONSIBILITY FOR COSTS
3.1
DEVELOPER IMPROVEMENT COSTS. The DEVELOPER shall pay for the
DEVELOPER IMPROVEMENTS; that is, all costs of persons doing work or
furnishing skills, tools, machinery or materials, or insurance premiums or
equipment or supplies and all just claims for the same; and the CITY shall be
under no obligation to pay the contractor or any subcontractor any sum
whatsoever on account thereof, whether or not the CITY shall have approved the
contract or subcontract.
3.2
ENFORCEMENT COSTS. The DEVELOPER shall pay the CITY for costs
incurred in the enforcement of this DEVELOPMENT CONTRACT, including
engineering and attorneys' fees.
3661419.3
7
3.3 TIME OF PAYMENT. The DEVELOPER shall pay all bills from the CITY
within thirty (30) days after billing. Bills not paid within thirty (30) days shall
accrue interest at the rate of 6% per year.
ARTICLE 4
DEVELOPER WARRANTIES
4.1 STATEMENT OF DEVELOPER WARRANTIES. The Developer hereby
makes and states the DEVELOPER WARRANTIES.
ARTICLE 5
CITY WARRANTIES
5.1 STATEMENT OF CITY WARRANTIES. The CITY hereby makes and states
the CITY WARRANTIES.
ARTICLE 6
INDEMNIFICA TION
6.1 INDEMNIFICATION OF THE CITY. DEVELOPER shall indemnify, defend
and hold the CITY its COUNCIL, agents, employees, attorneys and
representatives harmless against and in respect of any and all claims, demands,
actions, suits, proceedings, losses, costs, expenses, obligations, liabilities,
damages, recoveries, and deficiencies, including interest, penalties and attorneys'
fees, that the CITY incurs or suffers, which arise out of, results from or relates to:
g)
366]419.3
a)
breach by the DEVELOPER of the DEVELOPER WARRANTIES;
b)
failure of the DEVELOPER to timely construct the DEVELOPER
PUBLIC IMPROVEMENTS according to the DEVELOPMENT PLANS
and the CITY ordinances. standards and specifications;
c)
failure by the DEVELOPER to observe or perform any covenant,
conditions, obligation or agreement on its part to be observed or
performed under this DEVELOPMENT CONTRACT;
d)
failure by the DEVELOPER to pay contractors, subcontractors, laborers,
or materialmen;
e)
failure by the DEVELOPER to pay for materials;
f)
failure to obtain the necessary permits and authorizations to construct the
DEVELOPER PUBLIC IMPROVEMENTS;
construction of the DEVELOPER PUBLIC IMPROVEMENTS.
8
366]4]9.3
ARTICLE 7
CITY REMEDIES UPON DEVELOPER DEFAULT
7.1 CITY REMEDIES. If a DEVELOPER DEF AUL T occurs, that is not caused by
FORCE MAJEURE, the CITY shall give the DEVELOPER FORMAL NOTICE
of the DEVELOPER DEF AUL T, specifying the nature of the asserted default,
and the DEVELOPER shall have to cure the DEVELOPER DEF AUL T within a
thirty (30) days cure period, hereinafter defined as "CURE PERIOD". Said
CURE PERIOD may be extended by the CITY for a reasonable period of time to
be determined by the DIRECTOR OF PWD, at his sole discretion, provided that
the DEVELOPER submits, to the CITY using the FORMAL NOTICE procedures
of Section 1.17 within the CURE PERIOD, a reasonable plan or contract bid that
demonstrates that it is impractical to cure the DEVELOPER DEF AUL T within
the CURE PERIOD. If the DEVELOPER, after FORMAL NOTICE to it by the
CITY, does not cure the DEVELOPER DEFAULT within the CURE PERIOD or
DIRECTOR OF PWD approved extension thereof, then the CITY may avail itself
of any remedy afforded by law and any of the following remedies.
a)
the CITY may specifically enforce this DEVELOPMENT
CONTRACT;
b)
the CITY may suspend any work improvement or obligation to be
performed by the CITY;
c)
the CITY may collect on the irrevocable letter of credit or cash
deposit;
d)
the CITY may deny building and occupancy permits for buildings
within the PLAT;
e)
the CITY may, at its sole option, perform the work or
improvements to be performed by the DEVELOPER, in which
case the DEVELOPER shall within thirty (30) days after written
billing by the CITY reimburse the CITY for any costs and
expenses incurred by the CITY. In the alternative, the CITY may
in whole or in part, specially assess any of the costs and expenses
incurred by the CITY; and the DEVELOPER and OWNER hereby
waive any and all procedural and substantive objections to the
installation and construction of the work and improvements and
the special assessment resulting there from, including but not
limited to notice and hearing requirement and any claim that the
special assessments exceed benefit to the PLAT. The
DEVELOPER and OWNER hereby waive any appeal rights up to
the amount indicated on EXHIBIT 'c' pursuant to Minn. Stat.
429.081.
9
7.4
366]4]9.3
7.2
NO ADDITIONAL WAIVER IMPLIED BY ONE WAIVER. In the event
any agreement contained in this DEVELOPMENT CONTRACT is breached by
the DEVELOPER and thereafter waived in writing by the CITY, such waiver
shall be limited to the particular breach so waived and shall not be deemed to
waive any other concurrent, previous or subsequent breach hereunder. All
waivers by the CITY must be in writing.
7.3
NO REMEDY EXCLUSIVE. No remedy herein conferred upon or reserved to
the CITY shall be exclusive of any other available remedy or remedies, but each
and every such remedy shall be cumulative and shall be in addition to every other
remedy given under the DEVELOPMENT CONTRACT or now or hereafter
existing at law or in equity or by statute; provided however that the CITY shall
not have the power to exercise both the remedy provided by Section 7.1 ( c) and,
concurrently or sequentially, the remedy provided by Section 7.I(e), to the extent
that the remedy in Section 7.l(c) provides reimbursement to the CITY for any
costs and expenses incurred by the CITY. No delay or omission to exercise any
right or power accruing upon any default shall impair any such right or power or
shall be construed to be a waiver thereof: but any such right and power may be
exercised from time to time and as often as may be deemed expedient. In order to
entitle the CITY to exercise any remedy reserved to it, it shall not be necessary to
give notice, other than the FORMAL NOTICE.
EMERGENCY. Notwithstanding the requirement relating to FORMAL
NOTICE to the DEVELOPER in case of a DEVELOPER DEF AUL T and
notwithstanding the requirement relating to giving the DEVELOPER a thiliy (30)
day period to cure the DEVELOPER DEF AUL T, in the event of an emergency as
determined by the Director of PWD, resulting from the DEVELOPER
DEFAULT, the CITY may perform the work or improvement to be performed by
the DEVELOPER without giving any notice or FORMAL NOTICE to the
DEVELOPER and without giving the DFVEI 'oPER a fOliy-eight (48) hour
period to cure the DEVELOPER DEFAULT. In such case, the DEVELOPER
shall within thirty (30) days after written billing by the CITY reimburse the CITY
for any and all costs incurred by the CITY. In the alternative, the CITY may, in
whole or in part, specially assess the costs and expenses incurred by the CITY;
and the DEVELOPER and OWNER hereby waive any and all procedural and
substantive objections to the installation and construction of the work and
improvements and the special assessments resulting there from, including but not
limited to notice and hearing requirements and any claim that the special
assessments exceed benefit to the PLAT. The DEVELOPER and OWNER
hereby waive any appeal rights up to the amount indicated on EXHIBIT 'c'
pursuant to Milm. Stat. 429.081.
10
ARTICLE 8
ESCROW DEPOSIT
8.1 ESCROW REQUIREMENT. Contemporaneously herewith, the DEVELOPER
shall deposit with the CITY an irrevocable letter of credit, or cash deposit for the
amounts set forth on EXHIBIT 'C.'
All cost estimates shall be acceptable to the DIRECTOR OF PWD. The total
escrow amount was calculated as shown on the attached Exhibit C. The bank and
form of the irrevocable letter of credit, or cash deposit shall be subject to approval
by the CITY Finance Director and CITY Attorney and shall continue to be in full
force and effect until released by the CITY pursuant to Section 8.2 below. The
irrevocable letter of credit shall be for a term ending December 31 st, 2008. In the
alternative, the letter of credit may be for a one year term provided it is
automatically renewable for successive one year periods from the present or any
future expiration dates with a final expiration date of December 3 1st, 2008, and
further provided that the irrevocable letter of credit states that at least sixty (60)
days prior to the expiration date the bank will notify the CITY if the bank elects
not to renew for an additional period. The irrevocable letter of credit shall secure
compliance by the DEVELOPER with the terms of this DEVELOPMENT
CONTRACT. The CITY may draw down on the irrevocable letter of credit or
cash deposit, without any further notice than that provided in Section 7. I relating
to a DEVELOPER DEFAULT, for any of the following reasons:
a) a DEVELOPER DEF AUL T; or
b) upon the CITY receiving notice that the irrevocable letter of credit
will be allowed to lapse before December 3 I, 2008.
With CITY approval, the irrevocable letter of credit or cash deposit may be
rerlllrerl nl11'<':lI::lnt to Sf'rtion R,) from timf' to tinlf' ::l<': fin::ln(';::ll ohl;n::l1;rmc ::lrp
- -_..~_._-- r-.~""''''''-~-''-- ......... ---..................-"- .......- .""........................ ..................- .......... ..................- ............. i.........................._.............. '-''U'.......b......''....~.L..I..U ..............
paid.
8.2
ESCROW RELEASE AND ESCROW INCREASE; DEVELOPER
IMPROVEMENTS. Periodically, upon the DEVELOPER's written request and
upon completion by the DEVELOPER and acceptance by the CITY of any
specific DEVELOPER PUBLIC IMPROVEMENTS, ninety percent (90%) of that
portion of the irrevocable letter of credit, or cash deposit covering those specific
completed improvements only shall be released. The final ten percent (10%) of
that portion of the irrevocable letter of credit, or cash deposit, for those specific
completed improvements shall be held until acceptance by the CITY and
expiration of the warranty period under Section I. 15 hereof; in the alternative, the
DEVELOPER may post a bond satisfactory to the CITY with respect to the final
ten percent (10%).
366J4J9.3
11
If it is determined by the CITY that the DEVELOPMENT PLANS were not
strictly adhered to, or that work was done without CITY inspection, the CITY
may require, as a condition of acceptance, that the DEVELOPER post an
irrevocable letter of credit, or cash deposit equal to 125% of the estimated amount
necessary to correct the deficiency or to protect against deficiencies arising there
from. Said additional irrevocable letter of credit, or cash deposit, shall remain in
force for such time as the CITY deems reasonably necessary, not to exceed two
(2) years. In the event that work, which is concealed, was done without
permitting CITY inspection, then the CITY may, in the alternative, require the
concealed condition to be exposed for inspection purposes.
ARTICLE 9
MISCELLANEOUS
9.1 CITY'S DUTIES. The terms of this DEVELOPMENT CONTRACT shall not
be considered an affirmative duty upon the CITY to complete any
DEVELOPMENT IMPROVEMENTS.
9.2 NO THIRD PARTY RECOURSE. Third parties shall have no recourse against
the CITY under this DEVELOPMENT CONTRACT.
9.3 VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or
phrase of this DEVELOPMENT CONTRACT is for any reason held to be
invalid, such decision shall not affect the validity of the remaining portion of this
DEVELOPMENT CONTRACT.
9.4 RECORDING. The DEVELOPMENT CONTRACT and PLAT shall be
recorded with the COUNTY Recorder and the DEVELOPER shall provide and
execute any and all documents necessary to implement the recording.
9.5 BINDING l\GREEMENT. The parties mutuall)' recognize and agree that all
terms and conditions of this recordable DEVELOPMENT CONTRACT shall run
with the PLAT and shall be binding upon the heirs, successors, administrators and
assigns of the DEVELOPER.
9.6
CONTRACT ASSIGNMENT. The parties agree and understand that the
Developer intends to sell and transfer Lot I, Block 1 of the Plat to CLP
Development, LLC, d/b/a Comforts of Home ("Comforts of Home") and Lot 2,
Block 1 of the Plat to the CITY. Comforts of Home and the CITY will be
assuming most of the DEVELOPER'S responsibilities and obligations under this
Development Agreement and the DEVELOPER will be released from any such
responsibilities and obligations so assigned. The CITY hereby consents to such
sale, transfer and release of DEVELOPER. The DEVELOPER may not
otherwise assign any portion of this DEVELOPMENT CONTRACT without the
written permission ofthe COUNCIL.
3661419.3
12
9.7 AMENDMENT AND WAIVER. The parties hereto may by mutual written
agreement amend this DEVELOPMENT CONTRACT in any respect. Any party
hereto may extend the time for the performance of any of the obligations of
another, waive any inaccuracies in representations by another contained in this
DEVELOPMENT CONTRACT or in any document delivered pursuant hereto
which inaccuracies would otherwise constitute a breach of this DEVELOPMENT
CONTRACT, waive compliance by another with any of the covenants contained
in this DEVELOPMENT CONTRACT and performance of any obligations by the
other or waive the fulfillment of any condition that is precedent to the
performance by the party so waiving of any of its obligations under this
DEVELOPMENT CONTRACT. Any agreement on the part of any party for any
such amendment, extension or waiver must be in writing. No waiver of any of the
provisions of this DEVELOPMENT CONTRACT shall be deemed, or shall
constitute, a waiver of any other provisions, whether or not similar, nor shall any
waiver constitute a continuing waiver.
9.8 GOVERNING LAW. This DEVELOPMENT CONTRACT shall be governed
by and construed in accordance with the laws of the State of Minnesota.
9.9 COUNTERPARTS. This DEVELOPMENT CONTRACT may be executed in
any number of counterparts, each of which shall be deemed an original but all of
which shall constitute one and the same instrument.
9.10 HEADINGS. The subject headings of the paragraphs and subparagraphs of this
DEVELOPMENT CONTRACT are included for purposes of convenience only,
and shall not affect the construction of interpretation of any of its provisions.
9.11 INCONSISTENCY. If the DEVELOPMENT PLANS are inconsistent with the
words of this DEVELOPMENT CONTRACT or if the obligations imposed
hereunder upon the DEVELOPER are inconsistent, then that provision or term
which imposes a greater and more demanding obligation on the DEVELOPER
shall prevail.
9.12 ACCESS. The DEVELOPER hereby grants to the CITY, its agents, employees,
officers, and contractors a license to enter the PLAT to perform all inspections
deemed appropriate by the CITY during the installation of DEVELOPER
IMPROVEMENTS by the DEVELOPER.
9.13 LANDSCAPING. Installation and Maintenance. The following regulations
shall govern the installation and maintenance of landscaping and screening
materials.
a)
All landscaping materials and screening materials shall be installed in
conjunction with site development of each lot within the Plat and prior to
issuance of a final certificate of occupancy for any building located on
such lot.
3661419.3
13
b) A letter of credit or other security as acceptable to the CITY shall be
deposited with the Director of Public Works, in an amount equal to ten
percent (10%) of the estimated cost of landscaping, fencing and/or
screening. (Such amount is included in the amount set forth on Exhibit C
for Landscaping.) The letter of credit, or portions thereof, shall be
forfeited to maintain and/or replace materials for a period of time to
include at least two (2) growing seasons, as detlned by MnDOT
specifications. A portion of the letter of credit may be released after one
growing season as determined by the Director of Public Works.
c) The property owner shall be responsible for continued maintenance of
landscaping and screening materials to remain in compliance with the
requirements of this Section. Plant materials that show signs of disease or
damage shall be promptly removed and replaced immediately, or within
the next planting season if required by the weather.
d) All DEVELOPMENT turf irrigation systems shall include rain detecting
shutoff devices to control irrigation function during wet weather. (water
conservation measure)
9.14 PARK DEDICATION. The CITY hereby determines Park dedication fees in the
amount of $26,890, and that such fees be paid at Final Plat Approval by the CITY
Council, to be deposited in CITY Fund 412, Parks Capital Improvements.
9.15 RECORD DRAWINGS. The OWNER shall provide to the CITY, upon
completion of the DEVELOPER IMPROVEMENTS, a complete set of Record
Drawings documenting the constructed or "as-built" condition of the
DEVELOPER IMPROVEMENTS. The Record Drawings shall be submitted in
electronic and hard copy form consistent with CITY requirements, and provided
to the PWD within six (6) months of the completion of the DEVELOPER
IMPROVEMENTS. Additionally, the OWNER shall include in the Record
Drawings GPS Data of all sanitary sewer and water main service locations at the
service extensions or property lines. The GPS Data shall include X, Y & Z
coordinate data consistent with CITY requirements.
9.16 ADDITIONAL AGREEMENTS.
A. The OWNER and the CITY hereby agree that the maintenance costs of the
storm water ponding located at the northwest corner of 3 th A venue and Hart
Boulevard shall be shared between the OWNERS of Lots 1 and 2, Block 1 of
the Plat on a contributory runoff split using CN numbers for each lot (58% for
Lot 1 and 42% FOR Lot 2 according to the Humphrey Engineering
calculations of 1/11/2007). Necessary storm water maintenance activities
shall be conducted or caused to be conducted by the CITY, with said costs
billed to the OWNERS of Lots 1 and 2, Block 1 of the Plat, payable within 30
366]4]9.3
14
9.17
3661419.3
days. In order to enforce the provisions of this Section, and real property
transfer documents shall be subject to the reasonable review and approval of
the City Attorney to assure that such documents include a requirement for said
necessary storm water pond maintenance and reimbursement to the CITY.
B. The private pond located within the Plat shall be maintained by the OWNERS
of Lots 1 and 2, Block 1 of the Plat under a separate Reciprocal Easement for
Surface Water Drainage with the maintenance costs being shared using CN
numbers for each lot (94% for Lot 1 and 6% for Lot 2 according to the
Humphrey Engineering calculations of 1/11/2007).
C. The OWNER and the CITY hereby agree to the following:
a. The CITY shall remove the existing street sections of the Hart
Boulevard from 345 feet north of 3 ih to the northerly plat line and
provide restoration and surface drainage meeting the requirements of
the CITY Engineer. The CITY shall indemnify and hold
DEVELOPER harmless from any and all liabilities for adverse
environmental conditions, if any, which may be encountered during
the foregoing removals.
b. A cul-de-sac shall be constructed by the CITY in Hart Boulevard at the
drive access to Lot 2.
D. The OWNER and the CITY hereby agree that item 9.16C related to Hart
Boulevard is contingent upon all necessary approvals by the CITY for the
vacation of Hart Boulevard.
E. The DEVELOPER shall compensate the CITY for the cost of such removal,
restoration and installation of the cul-de-sac, in an amount not to exceed
$25,000.00, as set forth in line 6 on Exhibit C
RELEASE OF DEVELOPMENT CONTRACT. Upon completion of all
DEVELOPER IMPROVEMENTS and all DEVELOPER PUBLIC
IMPROVEMENTS, and upon the expiration of the Section 1.15G. TWO YEAR
WARRANTY ON PROPER WORK AND MATERIALS, the DEVELOPER may
submit to the CITY a draft: release of this DEVELOPMENT CONTRACT for
review and approval by the CITY's attorney. The CITY agrees to cooperate with
the DEVELOPER to process a recordable release of this DEVELOPMENT
CONTRACT for title purposes provided that said improvements have been
completed and said warranties have expired.
15
IN WITNESS WHEREOF, the parties have executed this DEVELOPMENT
CONTRACT.
CITY OF COLUMBIA HEIGHTS
DEVELOPER:
PRATT ORDWAY, LLC, d/b/a PRATT
ORDWAY PROPERTIES
By:
By:
Gary Peterson, Mayor
Leonard W. Pratt
By:
Its
Walt Fehst, City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
On this day of ,2007, before me a Notary Public
within and for said County, personally appeared to me Gary Peterson and Walt Fehst,
personally known, who being each by me duly sworn, each did say that they are
respectively the Mayor and City Manager of the City of Columbia Heights, the
municipality named in the foregoing instrument, and that the seal affixed to said
instrument was signed and sealed in behalf of said municipality by authority of its City
Council and said Mayor and City Manager acknowledged said instrument to be the free act
and deed of said municipality.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
On this day of , 2007, before me a Notary Public
within and for said County, personally appeared Leonard W. Pratt, to me personally
known, who being by me duly sworn, said that he is the of Pratt
Ordway, LLC d/b/a Pratt Ordway Properties, a Minnesota limited liability company,
named in the foregoing instrument, and that said instrument was signed in behalf of said
Pratt Ordway, LLC d/b/a Pratt Ordway Properties, by authority of its Board of
Governors, and said Leonard W. Pratt acknowledged said instrument to be the free act and
deed of Pratt Ordway, LLC d/b/a Pratt Ordway Properties.
Notary Public
3661419.3
16
THIS INSTRUMENT DRAFTED BY:
Kevin Hansen, P.E.
CITY Engineer, &
JefT Sargent
CITY Planner
CITY of Columbia Heights
590 40th Avenue N.E.
Columbia Heights, MN 55421
763/706-3600
366]4]9.3
James Hoeft
City Attorney
Barna, Guzy, and Steffen, Itd
200 Coon Rapids Boulevard
Suite 400
Coon Rapids, MN
763/783-5122
17
5.
6.
3661419.3
EXHIBIT A
LIST OF DEVELOPMENT PLANS
HART BOULEVARD ADDITION
PLAN DESCRIPTION
DESIGN
PLAN DATE
1.
Development Plat
Cornerstone Land Surveying
2.
Erosion Control and Grading Plan
12/8/06
(including the project SWPPP)
Humphrey Engineering
3.
Street Plan (Public)
12/8/06
Humphrey Engineering
4.
Utility/Site Plan (Public/Private)
12/8/06
Humphrey Engineering
Landscape Plan
12/8/06
Humphrey Engineering
Street Light Plan
12/8/06
Humphrey Engineering
18
EXHIBIT B
DEVELOPER PUBLIC IMPROVEMENTS
The items checked with "PUBLIC" below are those DEVELOPER IMPROVEMENTS that
are DEVELOPER-PUBLIC IMPROVEMENTS.
CHECKED COMPLETION DATE IMPROVEMENT
12/31/07 G radinglRemovalslE rosion
Control Plan
X Public 12/31/07 Utilities (Water Main in
Hart Blvd ROW)
12/31/07 Utilities (Storm Sewer)
X Public (Hart Blvd) 12/31/07 Streets (Plat - Public)
6130/08 Landscaping
6/30108 Street Lighting
Note: Pursuant to Section 2.4, all Developer Improvements must be completed prior to the
final occupancy of Comforts of Home. Except as provided in Section 9.13 a) or unless
othprwi"p IHTrpPfl to hv thp ("JTV thi.. nrovi..ion ..h~1I ,;>v...lllell>~itl> 1.<>ncl"...<>ninfT ...ne) ~it"
- -'---'- .. _l- -' --e- - - - -~ -.; -----' _.......... --'" __......oJ 1:..... 'U' . .U'.'V'.... ........-.... -......-..---- *'-'....'" ....................,............l-P...h ............ /...J."'"
Street Lighting.
3661419.3
19
EXHiBIT C
ESCROW AND PARK DEDICATION CALCULA TION(S)
DEVELOPER IMPROVEMENTS
1.
Erosion Control/Restoration (site)
$ 25,000
2.
Utilities (Water Main, Storm Sewer & pond)
$ 130,000
3.
Public Street Connections
$ 10,000
4.
Landscaping (incl. Retaining Walls)
$ 80,000
5.
Street Lighting
$ 15,000
6.
Hart Blvd Road Removal/Restoration
and Cul-de-Sac
$ 25,000
$ 285,000
MUL TIPLIED BY:
1.25
EQUALS:
$ 356.250
For the above work, DEVELOPER shall post escrow* for $ 356.250.
(* Form in accordance with Section 8.1 of this agreement.)
1.
Park Dedication
$ 26,890
In addition to the letter of credit required above, the DEVELOPER shall also deposit
$7,500 in cash with the CITY contemporaneously with execution of this DEVELOPMENT
CONTRACT. This $7,500 shall be to pay the CITY for engineering site inspection fees at
the CITY's standard rates charged for such tasks. Upon acceptance of the DEVELOPER
PUBLIC IMPROVEMENTS, the CITY shall return to the DEVELOPER any remaining
portion of the $7,500 not otherwise charged against the DEVELOPER for engineering
inspection performed by the CITY. To the extent the engineering inspection fees,
calculated according to the CITY's standard rates, exceed the $7,500 deposit, the
DEVELOPER is responsible for payment of such excess within thirty (30) days after billing
by the CITY.
36614193
20
COLUMBIA HEIGHTS - CITY COUNCIL LETTER
AGENDA SECTION: 7 -C.-I
NO: Other Business
ITEM: Elected Official Out of
NO: State Travel
Meeting of: January 22, 2007
ORIGINATING DEPARTMENT:
CITY MANAGER'S
APPROV AL
BY:
DATE:
BY: Gary Peterson
DATE: January 18, 2007
Background: A law was passed during the last Legislative session requiring governing bodies to
develop a policy controlling travel outside the State of Minnesota for applicable elected officials by
January 1, 2006. The City of Columbia Heights adopted an Elected Officials Out-of-State Travel
Policy on November 14,2005.
Mayor Peterson has requested authorization for expenses to attend the National League of Cities
2007 Congressional City Conference from Saturday, March 10 to Wednesday March 14,2007 in
Washington, D.C. Agenda for the conference is attached.
Estimated costs as required are:
. Registration
. Housing
. Airfare
. Meals
. Ground transportation
Total
$410
$860 (four nights)
$280
$150
$100
$1,800
Payment may be made in advance for registration, airfare, and lodging if specifically approved by
the Council. Otherwise, all payments will be made as reimbursements.
The 2007 adopted budget for Mayor-Council includes:
$400 101-41110- 31 05 (for NLC conference registration)
$1,000 101-41110-3320 (for transportation, iodging, meals and other related items ror the
NLC conference)
In 101-41110-8100, contingencies, $6,000 is also available.
Recommended Motion: Move to approve attendance of Mayor Peterson at the 2007 League of
Minnesota Cities Congressional City Conference in Washington DC, March 10 to March 14,2007,
as budgeted monies are available, and to authorize payment in advance for registration, airfare and
lodging and provide reimbursement for meals and incidental costs in accordance with limitations
and guidelines outlined in the city's policy for out-of-state travel by city employees.
COUNCIL ACTION:
-130-
COLUMBIA HEIGHTS.. CITY COUNCIL LETTER
AGENDA SECTION: 7 L L
NO: Other Business
ITEM: Elected Official Out of
NO: State Travel
Meeting of: January 22, 2007
ORIGINATING DEPARTMENT:
CITY MANAGER'S
APPROV AL
BY: ~ r-
DATE:
BY: Bruce Kelzenberg
DATE: January 18, 2007
Background: A law was passed during the last Legislative session requiring governing bodies to
develop a policy controlling travel outside the State of Minnesota for applicable elected officials by
January 1, 2006. The City of Columbia Heights adopted an Elected Officials Out-of-State Travel
Policy on November 14,2005.
Councilmember Kelzenberg has requested authorization for expenses to attend the National
League of Cities 2007 Congressional City Conference from Saturday, March 10 to Wednesday
March 14,2007 in Washington, D.C. Agenda for the conference is attached.
Estimated costs as required are:
. Registration
. Housing
. Airfare
. Meals
. Ground transportation
Total
$410
$860 (four nights)
$280
$150
$100
$1,800
Payment may be made in advance for registration, airfare, and lodging if specifically approved by
the Council. Otherwise, all payments will be made as reimbursements.
The 2007 adopted budget for Mayor-Council includes:
$400 101-41110-3105 (for NLC conference registration)
$1,000 101-41110-3320 (for transportation, lodging, meals and other reiated items for the
NLC conference)
In 10 1-41110-81 00, contingencies, $6,000 is also available.
Recommended Motion: Move to approve attendance of Councilmember Kelzenberg at the 2007
League of Minnesota Cities Congressional City Conference in Washington DC, March 10 to
March 14,2007, as budgeted monies are available, and to authorize payment in advance for
registration, airfare and lodging and provide reimbursement for meals and incidental costs in
accordance with limitations and guidelines outlined in the city's policy for out-of-state travel by
city employees.
COUNCIL ACTION:
-131-
COLUMBIA HEIGHTS - CITY COUNCIL LETTER
AGENDA SECTION: -, C ~
NO: Other Business
ITEM: Elected Official Out of
NO: State Travel
Meeting of: January 22, 2007
ORIGINATING DEPARTMENT:
CITY MANAGER'S
APPROV AL
BY:
DATE:
BY: Bruce Nawrocki
DATE: January 18, 2007
Background: A law was passed during the last Legislative session requiring governing bodies to
develop a policy controlling travel outside the State of Minnesota for applicable elected officials by
January 1,2006. The City of Columbia Heights adopted an Elected Officials Out-of-State Travel
Policy on November 14,2005.
Councilmember Nawrocki has requested authorization for expenses to attend the National League
of Cities 2007 Congressional City Conference from Saturday, March 10 to Wednesday March 14,
2007 in Washington, D.C. Agenda for the conference is attached.
Estimated costs as required are:
. Registration
. Housing
. Airfare
. Meals
. Ground transportation
Total
$410
$860 (four nights)
$280
$150
$100
$1,800
Payment may be made in advance for registration, airfare, and lodging if specifically approved by
the Council. Otherwise, all payments will be made as reimbursements.
The 2007 adopted budget for Mayor-Council includes:
$400 101-41110-3105 (for NLC conference registration)
$1,000 i 0 i -4 i i i 0-3320 (for transportation, lodging, meals and other related items for the
NLC conference)
In 101-41110-8100, contingencies, $6,000 is also available.
Recommended Motion: Move to approve attendance of Councilmember Nawrocki at the 2007
League of Minnesota Cities Congressional City Conference in Washington DC, March 10 to
March 14,2007, as budgeted monies are available, and to authorize payment in advance for
registration, airfare and lodging and provide reimbursement for meals and incidental costs in
accordance with limitations and guidelines outlined in the city's policy for out-of-state travel by
city employees.
COUNCIL ACTION:
-132-
COLUMBIA HEIGHTS - CITY COUNCIL LETTER
Meeting of: January 22, 2007
ITEM: Appoint 2007 Council President
and approve 2007 Council/Staff Liaison
Assignments
NO:
BY:
DATE:
Patty Muscovitz
January 5,2005
CITY MANAGER'S
APPROV AL
BY: ti,
DATE:
AGENDA SECTION:
NO:
l-L~ q
ORIGINATING DEPARTMENT:
CITY MANAGER
Nominations for Council President are at Council discretion.
Attached is the recommended list of Council/City Staff assignments.
MOTION: Move to appoint
, as 2007 Council President.
"" ....r\..,.-.T/""'\'lr.T. 1\ K__~_ 4._ ____..........- +1........ _.....""".......___......_...3..........1 "")f){'\""7 1"............"....:1 C+n++T ;..";,""...,,,,\ """,,,;n"t"\r\"'\oT"'ltC"
IVI v 11 VI 'I. IVIUVl;; Lv dPi-1! U VC; LHe J C;~UllUll"'UU"'U ..VV I '-'V..,U'-'ll '.HUH LdUl.:>VU , '':>':>161Ull'-'11L''.
COUNCIL ACTION:
11:\2007 president & liaisons
-133-
2007 COUNCIL/CITY STAFF ASSIGNMENTS
Commission
Telecommunications Commission
Library Board
Park & Recreation Commission
Planning & Zoning Commission
Traffic Commission
SACC
Suburban Rate Authority
National League of Cities
League of Minnesota Cities
Association of Metropolitan Municipalities
Rice Creek Watershed Advisory board
North Star Conidor
Joint Law Enforcement Council
Youth Initiative Commission
Charter Commission
Neighborhood Watch and
Citizen Emergency Response Team (CERT)
H/Boards & Commissions
Liaison
Bruce Nawrocki
Bruce Kelzenberg
Tami Diehm
Gary Peterson
Bobby Williams - alternate
Bruce Kelzenberg
Gary Peterson
Bruce Nawrocki - delegate
Public Works Director - alternate
Gary Peterson - delegate
Councilmembers - alternates
Bruce Kelzenberg - delegate
Council/City Manager -alternate
Bruce Kelzenberg - delegate
City Manager - alternate
Bobby Williams - delegate
Kevin Hansen -alternate
Bruce Nawrocki
Gary Peterson - delegate
Chief of Police - alternate
Bobby Willianls
Gary Peterson - delegate
Tami Diehm - alternate
Gary Peterson
Bobby Williams - alternate
-134-