HomeMy WebLinkAboutFebruary 12, 2007 Regular
CITY OF COLUMBIA HEIGHTS
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Gan' L PelerSOIl
C'ilI~nrilm,.mhp..
Robert A. Williams
Bn/ce Nawrocki
Tammera Edam
Bn/ce Kelzeaberg
City Manager
IItllter R, Fe/1St
590 40'h Avenue NE, Columbia Heights, MN 5542)-3878 (763)706-3600 TDD (763) 706-3692
Visit our website at: lVww.ci.colulIIbia-heirrhts.mlLus
The following is the agenda fOi the regular meeting of the City Council to be held at 7:00 p.m. on Monday,
February 12,2007 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)
1. CALL TO ORDER/ROLL CALL/INVOCATION
Invocation by Reverend Dan Thompson, Columbia Heights Assembly of God 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 ofthe Council under the Citizen Forum or items submitted after the
agenda preparation deadline.)
4. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS
A) Proclamations -none
B) Presentations - Public Works Project of the Year Award
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:
1) Approve City Council Meeting Minutes for January 22.2007 regular City Council meeting
MOTION: Move to approve the minutes ofthe January 22,2007 regular City Council meeting as
presented.
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2) Accept Boards and Commissions Meeting Minutes
Accept: HRA meeting minutes of October 24, 2006
Accept: EDA meeting minutes of November 28, 2006
Accept: EDA special meeting minutes of December 20,2006
Accept: EDA special meeting minutes of January 8, 2007
Accept: Telecommunications Commission minutes ofJanuary 18,2007
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3) Authorize Architectural Services for Design and Construction Management of Liquor Stores
MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with Oertel
Architects for architectural and construction management services based on their proposal at a cost
of $190,000.
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City Council Agenda
February 12,2007
Page 2 of 6
4) Establish 2007 calendar for Work Session meetings pSl
MOTION: Move to accept the 2007 Work Session calendar as proposed.
5) Establish the Local Board of Review meeting for Monday, April 9, 2007, at 6:00 p.m. pSS
MOTION: Move to establish the date for the Local Board of Review meeting for Monday, April 9,
2007, at 6:00 p.m. in the City Council Chambers.
6) Adopt Resolution No. 2007-20, being a Resolution canceling the Monday, March 12,2007 City of pS6
Columbia Heights regular City Council meeting.
MOTION: Move to waive the reading of Resolution No. 2007-20, there being ample copies
available to the public.
MOTION: Move to adopt Resolution 2007-20, being a Resolution canceling the Monday, March
12, 2007 City of Columbia Heights regular City Council meeting.
7) Appointment to the Economic Development Authority
MOTION: Move to appoint Marlaine Szurek to the Economic Development Authority for the term
to expire January 8, 2009.
8) Approve raffle, Little Voyageurs' Montessori School, St. Timothy's Lutheran Church
MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling
Control Board indicating that the City of Columbia Heights has no objection to a raffle event to be
conducted by Little Voyageurs' Montessori School at St. Timothy's Lutheran Church, 825 51st
Avenue, Columbia Heights, on April 27, 2007; and furthermore, that the City of Columbia Heights
hereby waives the remainder of the thirty-day notice to the local governing body.
9) Authorize purchase of two replacement police vehicles
MOTION: Move to authorize the purchase of two 2007 Ford Crown Victoria police vehicles per the
State of Minnesota bid, with funding to comer from 431-42100 5150 in the amount of $41 ,460, and
to authorize the Mayor and City Manager to enter into a contract for the same.
10) Authorize the capital equipment replacement of Rescue 3, 2001 Ford Expedition
MOTION: Move to authorize the purchase of one (1) new Ford F350 4x4 super duty super cab
pickup truck from Elk River Ford in the amount of $22,689; and an eight foot fiberglass utility box
from Truck Utilities Inc. in the amount of $1 0, 150; and a graphics package from Advance Graphix
Inc. in then amount of $450; and emergency lights and electrical work from Emergency Automotive
Technologies in the amount of $1 0, I 00; and mounting brackets for equipment from Fire Equipment
Specialties in the amount of$I,500. Funding shall be from the Fire Capital Equipment fund 439-
42200-5150.
11) Contract Addendum for Engineering Inspection Services
MOTION: Move to authorize Contract Addendum No.1 for additional Engineering Inspection
Services added by the City to Bolten and Menk, Inc. in the amount of $27,411.50 with funding out
of State Aid and Huset Parkway Phase II Development Agreement.
12) Final Payment for Huset Parkway Proiect
MOTION: Move to accept the Engineer's Report of Final Acceptance for the Huset Parkway
Project, City Project #0404; and, authorize Final Payment of$97,609,83 to FraUalone Companies of
S1. Paul, Minnesota.
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City Council Agenda
February 12,2007
Page 3 of6
13) Approve the items listed for rental housing license applications for February 12,2007 p8S
MOTION: Move to approve the items listed for rental housing license applications for February 12,
2007.
14) Approve reissue of rental housing license for 564 Huset Parkway NE, as it complies with City Code p88
MOTION: Move to issue a rental-housing license to Robert Machel to operate the rental property
located at 564 Huset Parkway N.E. in that the provisions of the residential maintenance code have
been complied with.
15) Approve reissue of rental housing license for 3911 Van Buren Street N.R as it complies with City p89
Code
MOTION: Move to issue a rental-housing license to Svitlana Moore to operate the rental property
located at 3911 Van Buren Street N.E. in that the provisions of the residential maintenance code
have been complied with.
16) Approve Business License Applications p90
MOTION: Move to approve the items as listed on the business license agenda for February 12,2007
as presented.
17) Approve Payment of Bills p92
MOTION: Move to approve payment of the bills out ofthe proper funds as listed in the attached
check register covering Check Number 120237 through 120477 in the amount of $3,372,995.81.
6. PUBLIC HEARINGS
A) Adopt Resolution 2007-18 regarding maximum permitted basic programming service rates and adopt pl03
Resolution 2007-19, regarding the maximum permitted equipment and installation rates.
MOTION: Move to close the public hearing and waive the reading of Resolution 2007-18, there being
ample copies available to the public.
MOTION: Move to adopt Resolution 2007~18, being an Order regarding the maximum permitted basic
programming service rate set forth in the Federal Communications Commission Form 1240 filed by
Com cast on or about March 1, 2006.
MOTION: Move to close the public hearing and waive the reading of Resolution 2007-19, there being
ample copies available to the public.
MOTION: Move to adopt Resolution 2007-19, being an Order regarding the maximum permitted
equipment and installation rates set forth in the Federal Communications Commission Form 1205 filed
by Comcast on or about March 1, 2006.
B) Adopt Resolution No. 2007-22 adopting the assessment levy for 233 42nd Avenue, for the 2006 Street pllO
Rehabilitation Proiect
MOTION: Move to close the Public Hearing and waive the reading of Resolution No. 2007-22, there
being ample copies available to the public.
MOTION: Move to adopt Resolution No. 2007-22 being a resolution adopting assessment roll for 233
42nd Avenue as part of the Street Rehabilitation Project.
C) Second reading to Adopt Ordinance No. 1521. Rezoning of a Portion of the Property at Lot 124A, Block pll 7
1, Huset Park from MXD to R-2A.
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City Council Agenda
February l2, 2007
Page 4 of 6
MOTION: Move to waive the reading of Ordinance No. 1521, there being ample copies available to the
public.
MOTION: Move to adopt Ordinance No. 1521, being an Ordinance pertaining to the rezoning of the
property located at Lot 124A, Block 1, Huset Park.
D) Adopt Resolution No. 2007-21, being a Resolution approving a minor subdivision located at Lot 124A, p127
Block 1. Huset Park.
MOTION: Move to waive the reading of Resolution 2007-21, there being ample copies available to the
public.
MOTION: Move to approve Resolution No. 2007-21, approving a minor subdivision at Lot 124A, Block
1, Huset Park, subject to the conditions stated in the Resolution.
E) Second reading to Adopt Ordinance No. 1520. being an ordinance amending Chapter 8, Article I of the pl38
City Code of the City of Columbia Heights pertaining to public nuisances.
MOTION: Move to close the Public Hearing and waive the reading of Ordinance No. 1520, there being
ample copies available to the public.
MOTION: Move to Adopt Ordinance No. 1520, being an ordinance amending Chapter 8, Article I of the
City Code of the City of Columbia Heights pertaining to public nuisances.
F) Adopt Resolution No. 2007-23, being a Resolution for Rental Housing License Revocation at 4801 p149
Grand Avenue N.E.
MOTION: Move to close the public hearing and to waive the reading of Resolution No.2007-23,
there being ample copies available to the public.
MOTION: Move to adopt Resolution No. 2007-23, Resolution of the City Council of the City of
Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section
5AA08(A) of the rental license held by Ban Properties regarding rental property at 4801 Orand
Avenue N.E.
G) Adopt Resolution No. 2007-24, being a Resolution for Rental Housing License Revocation at 4502 pIS2
Washington Street N.E.
MOTION: Move to close the public hearing and to waive the reading of Resolution No.2007-24,
there being ample copies available to the public.
MOTION: Move to adopt Resolution No. 2007-24, Resolution of the City Council of the City of
Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section
5AA08(A) of the rental license held by L & P Asset Holding LLC regarding rental property at 4502
Washington Street N.E.
H) Adopt Resolution No. 2007-25. being a Resolution for Rental Housing License Revocation at4544 pISS
Fillmore Street N.E.
MOTION: Move to close the public hearing and to waive the reading of Resolution No.2007-25,
there being ample copies available to the public.
MOTION: Move to adopt Resolution No. 2007-25, Resolution of the City Council of the City of
Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section
5AA08(A) of the rental license held by Kyle Smith regarding rental property at 4544 Fillmore Street
N.E.
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City Council Agenda
February 12,2007
Page 5 of6
I) Adopt Resolution No. 2007-26, being a Resolution for Rental Housing License Revocation at 4341 pIS8
Tyler Street N.E.
MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-26,
there being ample copies available to the public.
MOTION: Move to adopt Resolution No. 2007-26, Resolution of the City Council of the City of
Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section
5AA08(A) of the rental license held by Boopendra Phalgoo regarding rental property at 4341 Tyler
Street N.E.
J) Adopt Resolution No. 2007-27 being a Resolution for abatement of violations at 4625 Tyler Street N.E p161
MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-27, there
being ample copies available to the public.
MOTION: Move to adopt Resolution No. 2007-27, a resolution of the City Council of the City of
Columbia Heights declaring the property at 4625 Tyler Street N.E. a nuisance and approving the
abatement of violations from the property pursuant to City Code section 8.206.
K) Adopt Resolution No. 2007-28 being a Resolution for abatement of violations at 4633 Tyler Street N.E p164
MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-28,
there being ample copies available to the public.
MOTION: Move to adopt Resolution No. 2007-28, a resolution of the City Council of the City of
Columbia Heights declaring the property at 4633 Tyler Street N.E. a nuisance and approving the
abatement of violations from the property pursuant to City Code section 8.206.
7. ITEMS FOR CONSIDERATION
A) Other Ordinances and Resolutions - none
B) Bid Considerations - none
C) Other Business
1) Home rehabilitation program, home replace program, and contamination remediation program p167
- Informational
2) Approve request for donation toward the Anoka County 150th Anniversary celebration
Alternate Motion: Move to contribute $1,000 toward the Anoka County 150th Anniversary
celebration with funding to come from the fund balance.
Alternate Motion: Move to request the Columbia Heights Historical Society donate $500 to the
Anoka County 150th Anniversary celebration and to match their contribution of $500, with funding
to come from the fund balance.
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.
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City Council Agenda
February 12,2007
Page 6 of6
10. COUNCIL CORNER
11. ADJOURNMENT
Walter R. Fehst, City Manager
WF/pvm
OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
JANUARY 22, 2007
NOT B
The following are the minutes for the regular meeting of the City Council 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,
Mayor Gary L. Peterson and Councilmembers Tami Diehm, and Bruce Kelzenberg were administered
their oaths of office by the Deputy City Clerk.
CALL TO ORDER/ROLL CALL/INVOCATION
Pastor Dave Briley, Oak Hill Baptist Church gave the invocation.
Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember
Diehm, Councilmember Kelzenberg
PLEDGE OF ALLEGIANCE - recited
ADDITIONS/DELETIONS TO MEETING AGENDA
Nawrocki requested to add the 150tl1 Anniversary of Anoka County committee contribution, They have
requested a $1,000 donation. Peterson indicated this would be item 7 A3.
PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS
Presentations - Metropolitan Council Livable Community Grant presented by Tony Pistilli,
Metropolitan Council
Tony Pistilli, Met Council Representative Sector 2, introduced Greg Paits, Sector 2 Staff
Representative. Pistilli stated that the presentation of checks to Columbia Heights is becoming an
annual pilgrimage. He indicated his pleasure to present two checks to the City. The first check for
$974,369.00 is for the redevelopment of the K-mart site, specifically for the construction of a
public parking ramp. The second check is a Tax Base Revitalization grant of $19,100 to help clean
up contaminated soil in the industrial park. Peterson stated that Pistilli has done a superb job for
Columbia Heights and thanked him and the Met Council for how beautiful our city is becoming.
Nawrocki indicated that there is another $2,000,000 needed for the parking ramp and stated that he
would withhold his support until he has seen the written agreement and what the developer has put
in the project. Fehst stated there is no written agreement as of yet,
CONSENT AGENDA
City Manager Walt Fehst took Councilmembers through the Consent Agenda items,
1. Approve City Council Meeting Minutes for January 8, 2007 regular City Council meeting -
Removed
2. Accept Boards and Commissions Meeting Minutes
Motion to accept minutes of the January 2, 2007 Library Board meeting,
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,
Fehst listed upcoming work session items:
January 29 - Liquor Store discussion and establish work session meeting dates for 2007
City Council Minutes
January 22, 2007
Page 2 of 16
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
Nawrocki indicated that February 5 was the same date as the Facility Advisory Committee
meeting, He has attended past meetings and would want to attend that meeting. Nawrocki
requested a different date or earlier time. Peterson suggested the second work session be held
on Wednesday, February 7 at 5 p.m,
Motion to establish Work Session meeting dates for January 29 beginning at 7:00 p,m. and
February 7, 2007 beginning at 5:00 p.m. in Conference Room 1, with Commission interviews
prior to the February 7 meeting,
4, Establish date for the 2007 Local Board of Review
Nawrocki stated he would not be available for that date. Council concurred to request the Local
Board of Review meeting be held at 6:00 p,m. prior to the April 9,2007 City Council meeting,
5, Appoint Mayor and City Manager to Fire Department Volunteer Relief Association Board of
Trustees for 2007
Motion to appoint the Mayor and City Manager to the Columbia Heights Fire Department
V olunteer Relief Association Board of Trustees for 2007.
6, Appointment to the Traffic and Telecommunications Commissions
Motion 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 to do 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 to approve the items listed for rental housing license applications for January 22, 2007,
9, Approve Business License Applications
Motion to approve the items as listed on the business license agenda for January 22, 2007 as
presented.
10, Approve Payment of Bills
Motion to approve payment of the bills out of the proper funds as listed in the attached check
register covering Check Number 120048 through 120236 in the amount of$I,798,239.77.
Diehm requested to remove item AI, so she could abstain from the vote as she was not present
at that meeting.
Motion by Nawrocki, second by Williams, to approve the Consent Agenda items with the exception of
City Council Minutes
January 22,2007
Page 3 of 16
item #1 and with changes to items three and four. Upon vote: All ayes. Motion carried.
1, Approve City Council Meeting Minutes for January 8, 2007 regular City Council meeting -
Motion by Nawrocki, second by Kelzenberg, to approve the minutes of the January 8, 2007
regular City Council meeting as presented. Upon vote: KeIzenberg, aye; Williams, aye; Diehm,
abstain; Nawrocki, aye; Peterson, aye. 4 ayes - 1 abstention. Motion carried.
PUBLIC HEARINGS
A First Reading of Ordinance No. 1520, being an Ordinance amending Chapter 8, Article II, City
Code pertaining to Public Nuisances
Fire Chief Gary Gorman indicated this ordinance would replace the City Code section on graffiti
that was left out in the recodification process, The paragraph would now be listed in Section 8.204,
as the new letter "S" and under abatement 8.206 the word certifiedlregistered would be removed.
Certified letters are time consuming and a large additional cost. Very few regular letters are
returned, but many of the certified letters come back. Nawrocki questioned the amount this would
reduce the budget. Gorman stated that money saved would be used for items cut from the budget.
Motion by Nawrocki, second by Diehm, to waive the reading of Ordinance No. 1520, there being
ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Nawrocki, second by Williams, 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 nuances for February 12,2007 at approximately 7:00 p,m. in the City
Council Chambers. Upon vote: All ayes. Motion carried.
B. Adopt Resolution No. 2007-09, being a Resolution for abatement of violations at 4420 3rd Street
Gorman indicated this is for a vacant house that was reported several weeks ago with water
running from the building because of broken water pipes. Staff shut the water and gas off and
Public Works locked up the property, This was an emergency abatement.
Peterson asked if anyone was present to represent the property. There was not.
Motion by Nawrocki, second by Williams to close the public hearing and to waive the reading
of Resolution No. 2007-09, there being ample copies available to the public. Upon vote: All
ayes. Motion carried.
Motion by Nawrocki, second by Williams to adopt Resolution No. 2007-09, a resolution of the
City Council of the City of Columbia Heights declaring the property at 4420 3 rd Street N .E, a
nuisance and approving the abatement of violations from the property pursuant to City Code
section 8.206. Upon vote: All ayes, Motion carried.
RESOLUTION 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 propeliy located at 4420 3rd Street N 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,
City Council Minutes
January 22, 2007
Page 4 of 16
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 off at 4420 31d 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: Secured the units on building to prevent unauthorized access, 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
I. That the property located at 4420 31d 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 4420 31d 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.
C. Adopt Resolution No. 2007-10, being a Resolution for abatement of violations at 4141 Jefferson
St.
Gorman stated there are a large amount of items in the yard, This has come to the City Council
before and the items were cleaned up, The six-month redemption on the property is over in
March. Staff is working with the mortgage company on this. There are car parts in the yard.
Peterson asked if anyone was present to represent the property. There was not.
Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading
of Resolution No. 2007-10, there being ample copies available to the public. Upon vote: All
ayes. Motion carried.
Motion by Nawrocki, second by Williams, to adopt Resolution No, 2007-10, 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. Upon vote: All ayes. Motion carried.
Williams asked that the Fire Chief research to see if the building could be demolished. Gorman
stated that would be a decision for the building official.
Nawrocki stated there is a vehicle in the back with expired license plates.
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"),
City Council Minutes
January 22,2007
Page 5 of 16
Whereas, the owner of record is the legal owner of the real property located at 4] 4] Jefferson Street N.E, Columbia
Heights, Minnesota,
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article Il, Section 8.206, written notice setting f0l1h 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
] , That on December 11,2006 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: Shall remove all/any outside storage from the property: seats, car rear end, truck topper,
tailgate, hood, tool box, misc, car parts, and tires.
5. That all pm1ies, 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(8),
CONCLUSIONS OF COUNCIL
I, That the property located at 414] 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.
D, Adopt Resolution No. 2007-11, being a Resolution for abatement of violations at 4544 Stinson
Blvd.
Gorman stated this property also had water running out of the house, so there was an
immediate abatement. The owner stopped in last week to see what the abatement costs would
be,
Peterson asked if anyone was present to represent the property, There was not.
Motion by Diehm, second by Kelzenberg, to close the public hearing and to waive the reading
of Resolution No. 2007-11, there being ample copies available to the public. Upon vote: All
ayes. Motion carried.
Motion by Diehm, second by Kelzenberg, 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, Upon vote: All ayes. Motion carried.
RESOLUTION 2007-11
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 Il, of City Code, of the property owned by Ignacio
Dominguez-Sanchez (Hereinafter "Owner of Record"),
City Council Minutes
January 22, 2007
Page 6 of 16
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 ofrecord
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
]. That on December] 3, 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 ]3,2006 the Fire Department paged out the Public Works Depmiment 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 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: Secured the units on building to prevent unauthorized access and
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
]. 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 patiies in interest have been duly served notice ofthis hearing, and any other hearings
relevant to the abatement of violations on the property listed above.
3, That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case
may be, have expired, or such rights have been exercised and completed,
ORDER OF COUNCIL
] . The property located at 4544 Stinson Boulevard 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.
E. Adopt Resolution No. 2007-12, being a Resolution for abatement of violations at 4121 4th St.
Gorman stated this vacant house also had the water pipes burst and was an emergency
abatement. Peterson indicated his surprise at three of the same situations.
Peterson asked if anyone was present to represent the property. There was not.
Motion by Kelzenberg, second by Diehm, to close the public hearing and to waive the reading
of Resolution No. 2007-12, there being ample copies available to the public. Upon vote: All
ayes. Motion carried.
Motion by Kelzenberg, second by Diehm, 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. Upon vote: All ayes. Motion carried.
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 4]2] 4th Street N,E., Columbia Heights,
Minnesota.
City Council Minutes
January 22, 2007
Page 7 of 16
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 ofthe City of Columbia Heights,
the City Council of the City of Columbia Heights Makes the following:
FINDINGS OF FACT
]. 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 13,2006 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 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: Secured the units on building to prevent unauthorized access and
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
], 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, 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 4121 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
F, Adopt Resolution No. 2007-13, being a Resolution for Rental Housing License Revocation at
1211-1213 Cherry Lane
Gorman stated this is a license revocation on a rental property. No items in violation have been
corrected. The tenants have indicated that the property is going back to the bank.
Motion by Williams, second by Diehm, to close the public hearing and to waive the reading of
Resolution No. 2007-13, there being ample copies available to the public. Upon vote: All ayes,
Motion carried.
Motion by Williams, second by Diehm, 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. Upon vote: All ayes. Motion carried.
RESOLUTION 2007-13
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter
SA, Article IV, Section SAA08(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 ]211-]2]3 Cheery Lane N,E., Columbia
Heights, Minnesota,
Whereas, pursuant to City Code, Chapter SA, Article IV, Section SAA08(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,
City Council Minutes
January 22, 2007
Page 8 of 16
the City Council of the City of Columbia Heights makes the following:
FINDINGS OF FACT
I, That on November 21, 2006, inspectors for the City of Columbia Heights, inspected the propeliy 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 II, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the
propeliy 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 following conditions and violations of the City's
Residential Maintenance Code were found to exist, to-wit: 1213 - Shall repair the loose sheetrock ceil ing, 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. 1213 - Shall first repair the leaking shower in the lower bathroom. Shall repair the water-damaged
walls near the shower by the lower bathroom, 1213 - Shall replace all missing kitchen cabinet/drawer fronts. Shall
replace the missing soffit on the front and west side of the house, Shall replace the missing fascia on the west side and
the front of the house. Shall replace the missing shingles on the west side of the roof-front and rear. Shall repair or
replace all rotted windows.
That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of
this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A),
ORDER OF COUNCIL
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.
ITEMS FOR CONSIDERATION
Other Ordinances and Resolutions
A. First reading of Ordinance 1521, rezoning of a portion of the property at Lot 124A. Block 1
Huset Park from MXD to R-2A
Jeff Sargent, City Planner, explained the proposal to rezone the described property to correct
encroachment issues on the plat. There was a concrete area and fence maintained by the
adjacent area. This would split 15 feet from the property to attach to the plat. The rezoning
ordinance requires two readings. The lot split will be presented with the second reading of the
ordinance.
Nawrocki questioned street configurations and questioned if 5th Street is being closed off
Sargent stated that they are probably closed for construction purposes.
Motion by Williams, second by Kelzenberg, to waive the reading of Ordinance No, 1521,
there being ample copies available to the public, Upon vote: All ayes, Motion carried.
Motion by Williams, second by Kelzenberg, 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.
Upon vote: All ayes. Motion carried.
B. Approval of Final Plat, CUP for assisted living facility, parking setback and stall size
variances, 210 I 3 7th Avenue,
Sargent stated that this is the final plat approval for 2102 3 ih A venue, including setback and
variances. They application has gone through all the requirements; the Planning and Zoning
City Council Minutes
January 22, 2007
Page 9 of 16
hearing, to City Council in November and for rezoning on January 8,2007, The northern
parcel will be subdivided into two parcels; one of 2.4 7 acres and the site would house a 52 unit
facility to be managed by Comforts of Home. The southern one acre will be the location of a
new city liquor store. The Conditional Use Permit (CUP) is for the assisted living facility, Both
are a function of the R-3 zoning district. The parking variance is for a two foot length variance.
The stalls would be nine feet wide and 18 feet in length. The second variance is for a 19 foot
front yard variance. Code requires a 30 foot setback. The setback requirement is to allow for
adequate green space. This variance does maintain adequate green space, There is a Montessori
school that will be on the corner of the lot. Sargent described parking for that area.
Sargent indicated that he visited a similar facility by Comforts of Home in White Bear Lake
today. He showed pictures of that facility, which has 42 units. 20 are occupied and they are
filling as they are built. Sargent stated that he was impressed with the building detail and
pleased that the proposed facility would have the amenity of Hart Lake. There is one change to
the final plat, where the developer and city decided to place one of the holding ponds across
the street on city property. It would alleviate the problem of the pond requiring a 12 foot
retaining wall. The result would be a more aesthetically appealing pond, There will be
reciprocal maintenance agreements,
Kelzenberg indicated that this is the second request we have had for parking stall variances, He
stated that the parking stall code was going to be reviewed. Sargent stated that staff is
researching that issue and indicated that the 18-foot length is not unreasonable and is used by
other cities.
Diehm stated that stall length could be addressed when we review the ordinance, but
questioned if the initial request was to consider larger parking spaces,
Nawrocki indicated that the Comforts of Home facility would have above and underground
parking. He questioned if this request would affect the liquor store and questioned the
development contract. Sargent stated there are letters of credit and maintenance pond
agreements, Nawrocki questioned who would pay for the ponds. Sargent indicated that on the
large pond 94 percent of runoff for this pond will come from Comforts of Home and six
percent would come from elsewhere. On the small pond 58 percent would come from them
and 42 percent from our liquor store. Maintenance would be determined with those numbers.
We will put in a contribution of six percent on their property. We will maintain the one on our
property and they will reimburse us. Nawrocki questioned the location of the trail. Sargent
stated it would be on the west side of Hart Boulevard. Nawrocki stated that the developer is
responsible for putting in the trail at no cost to the city.
Deb Johnson, 4626 Pierce, stated that she had a problem with the 18-foot parking length, This
is a senior facility and there would be a lot of vans and older people with big cars. She
indicated that she owned a 22-foot vehicle.
Nawrocki questioned the width of the aisle, Sargent indicated it would be 24 feet wide.
Nawrocki questioned how longer vehicles would be accommodated. Sargent indicated that he
contacted other cities and they consider that wheels are parked to the curb, and that the car
hangs over the curb, He stated that we would rather reduce the parking length than the driving
aisle between vehicles, Nawrocki questioned if there would be space on these curbs for the
overhang. Sargent stated yes. Nawrocki referred to Sarna's receiving a length variance but
Taco Bell was refused. Sargent indicated the large number of variances requested for the Taco
Bell project and the final decision was that it would not be a good use of the land.
City Council Minutes
January 22, 2007
Page 10 of 16
Matt Frisbie, Frisbie Architects, stated he was representing Comforts of Home, He showed all
parking areas on a map and indicated there was exclusive van parking and full parking adjacent
to the facility entrance, The variance is in a different area and is for employee parking. The
senior citizens staying in the facility would have underground parking, which is wider and
more generous. Ground level parking would be for visitors and guests. He stated that vehicles
parked pointed together would have the required 20 foot length. The variance is only for
curbed parking.
Jim Hoeft, City Attorney, advised a revision to Resolution No. 2007-14 under conditions,
indicating the fourth condition include "developer shall enter into a development contract for
the Hart Lake Addition".
Motion by Nawrocki, second by Williams, to waive the reading of Resolution 2007-14, there
being ample copies available to the public. Upon vote: All ayes, Motion carried.
Motion by Nawrocki, second by Williams, to adopt Resolution No. 2007-14, approving the
Final Plat for the Hart Lake Addition, subject to the conditions outlined in Resolution No.
2007 -14 as corrected. Upon vote: All ayes. Motion carried.
Motion by Williams, second by Diehm, to waive the reading of Resolution 2007-15, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Williams, second by Diehm, to adopt Resolution No, 2007-15, approving a
Conditional Use Permit for an assisted senior living facility located at 2101 3ih Avenue,
subject to the conditions outlined in Resolution No. 2007-15. Upon vote: All ayes. Motion
carried.
Motion by Nawrocki, Williams, to waive the reading of Resolution 2007-16, there being
ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Williams, Kelzenberg, to adopt Resolution No. 2007-16, approving a 2-foot
parking stall length variance for the Comforts of Home parking lot. Upon vote: All ayes.
Motion carried.
Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2007-17, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Diehm, second by Kelzenberg, 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.
Upon vote: All ayes, Motion carried.
Resolutions No, 2007-14, 15, 16, and 17 may befound at the end of this document.
7 A3 Anoka County Historical Society anniversary funding request
Nawrocki indicated that Anoka County is requesting financial support of the 21 communities
for their l50th Anniversary festivities, with $1,000 requested from the City of Columbia
Heights. Peterson described the celebration activities, which would include a wagon train that
people are invited to take part in. He stated that there would be many opportunities for the
public to participate,
City Council Minutes
January 22, 2007
Page 11 of 16
Fehst stated that some communities are giving less than was requested. Peterson requested this
be discussed at a work session.
Bid Considerations -none
Other Business
Elected Official Out of State Travel request
Peterson stated that three Council members have requested to attend the National League of
Cities conference in Washington D.C. Fehst stated estimated costs of about $1,500 for each
Council member. The budget included attendance for one member. There were more funds
budgeted until budget cuts in recent years, There are funds available in miscellaneous
expenditures.
Motion by Kelzenberg, second by Williams, 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. Upon vote: All ayes. Motion carried.
Elected Official Out of State Travel request
Motion by Diehm, second by Williams, 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. Upon vote: All ayes. Motion carried.
Elected Official Out of State Travel request
Motion by Williams, second by Diehm, 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. Upon vote: All ayes. Motion carried.
Appoint 2007 Council President and approve 2007 Council/Staff Liaison Assignments.
Peterson stated that the list should be reversed with Diehm as the Charter Commission Liaison
and Peterson as the Park and Recreation Commission Liaison,
Motion by Kelzenberg, second by Nawrocki, to appoint Councilmember Diehm as the 2007
Council President. Upon vote: All ayes. Motion carried.
Peterson referred to the work session discussion on League of MN Cities representatives. He
indicated that anyone is welcome to attend any of the meetings.
Nawrocki stated that he has been the League liaison for many years and stated the importance
of continuity in the positions. He stated that he would still be willing to be State League and
Metro league representative, based on the fact that he would actively participate and would be
able to attend their day meetings. He referred to committees he has participated in,
City Council Minutes
January 22, 2007
Pagc12of16
Kelzenberg stated it would be fine with him if Councilmember Nawrocki were willing to
continue representation on the State and Metro Leagues.
Nawrocki stated that council members should be the alternates rather than the City Manager.
Fehst stated that these groups do include City Managers and City Clerks on their committees.
He indicated committees that he has served on. Nawrocki encouraged elected officials to be
part of the process.
Peterson indicated his appreciation to have the City Manager attend League meetings.
Motion by Diehm, second by Kelzenberg, to approve the 2007 Council Staff Liaison
Assignments as discussed. Upon vote: All ayes. Motion carried.
ADMINISTRA TIVE REPORTS
Report of the City Manager
Fehst referred to handouts from Unplugged Cities, a wi-fi service that provides service for Osseo and
St. Louis Park. They put upfront money into the radio transmission stations and the engineering is paid
for by the city. It would be approximately $600,000 to $800,000 to cooperate with them and become a
wireless hi-speed internet connect city. Our library provides a wireless service. We will talk with the
company that is working with the City of Minneapolis. They are not providing up-front money. Fehst
stated that with Unplugged Cities the $600,000 would come back as shared fees as the company gets
more people signed on. He indicated that DSL is now available for $26 a month, With Comcast you
must sign up for long distance phone service, and then you can receive cable TV and internet access
for $99 a month for one year. After the first year the cost would increase $14 to $15 a month. Wi-fi is
state of the art now, but if it goes region wide it could cost a lot less. This may be useful for a city with
a large amount of office space. St. Louis Park ran fiber optics for certain areas of their city. Fehst
questioned if this is something we need right now, as it is not without a cost to the city.
Nawrocki
. Referred to the IS staff report to the Telecommunications Commission. The key is density,
meaning we would need 9,000 homes signed up in the community to make this work. Only
half are now linked to cable now. The Commission felt that at the present time the users of
high speed would not be high in numbers. Our IS staff also reported on streaming,
. 3841 3 rd Street - there is a car with an out of date license.
. 50th and University - there is a tow truck with an out of date license.
. At the last meeting requested discussion on legislation to extend the Central A venue TIF
District for 25 years and use the money for home improvement loans and three million for
clean up on the Mady's property. People were told that when the district was paid off it would
be available to support the city, school and county. This is like saying there will be a tax
increase for another 25 years.
Fehst indicated the benefits of community revitalization and pollution cleanup at the Mady's
site drawing development. Development at the Mady's site could lead to 60 housing units,
10,000 square feet of retail and 6,000 square feet of restaurant space.
Diehm indicated that the request was to have this item on the agenda, The Community
Development Director gave a good presentation at the work session meeting, which could be
given at a Council meeting. Diehm stated that all Councilmembers would like the opportunity
to speak on this and it would be more appropriate as an agenda item,
City Council Minutes
January 22, 2007
Page 13 of 16
RepOli of the City Attorney
Hoeft indicated that administrative warrants have been signed and the process worked out. Fehst
referred to the well written letter by Hoeft that was sent to the judge.
CITIZENS FORUM
Deb Johnson, 4626 Pierce, stated that at the last meeting she referred to the Building Official not being
concerned with inspecting their new windows, The City Manager indicated that the Building Official
inspected the windows from the outside prior to entering the building.
COUNCIL CORNER
Kelzenberg
. Dana Weigman, Librarian, has received notification that the Library will receive a $1,000
literacy initiative grant. Commended her on obtaining this grant.
. Be aware - there have been three vacant house burglaries where the copper pipe was removed.
Asked residents to call 911 on suspicious activity.
. A car was stolen at Sarna's, but it had been left running. Reminded everyone that you can get a
ticket for leaving your vehicle while it is running.
Williams
. Pistilli and the Met Council have been great friends of our city, giving about $4 million in
grants for contamination clean up.
. Referred to the amount of recent drug busts and burglaries. His office was robbed, Fehst
indicated that Coon Rapids has also had a rash of pull tab booth robberies. Our police do a
wonderful job,
. Pray for our citizens, help watch citizen's homes.
Diehm
. Absent from last meeting traveled to Bulgaria where her step-daughter is working in an
orphanage, Helped me understand the importance of maintaining our infrastructure, There are
areas of Romania where you could see the effect of years lacking maintenance or
improvements, It is important to maintain our standards. Very thankful for the hard work of
our employees and it is a privilege to live here.
. Wednesday, February 7 there will be a SACA spaghetti dinner at Murzyn Hall.
. Monday, March 5 at Murzyn Hall will be the annual Empty Bowls dinner. This symbolizes
empty bowls around the world.
. Friday, March 9 is the annual Police and Fire Fighters Appreciation event, to thank them for all
the hard work they do.
Nawrocki
. Attended the SRA quarterly meeting with Xcel on problems dealing with service changes and
cooperation issues. Brought up extreme tree trimming and other communities agreed. They
will attend the next meeting also.
. North Star Commuter line is moving ahead. The intention is to have commuter rail running
between downtown Minneapolis and Big Lake by 2009. The closest station was to be in
Fridley, but is now out of the plan because of the cost. There will be five trips into the metro in
the morning, five trips out in the evening, and only two other trips during the day,
. Legislative program, The County is asking for legislative changes in library funding for the
county system, This will be important to us, as we are tied into the county,
. Anoka County is looking to set up a county EDA. Concerned that residents would have to pay
for city and county HRA, city EDA, and the Metropolitan Council.
City Council Minutes
January 22, 2007
Page 14 of 16
. Received a letter that long-time resident Edith Wargo passed away and left Columbia Heights
$150,000 to maintain Wargo Park for 25 years, and $75,000 for police and fire programs. Fehst
stated it could be in probate for another year,
. Referred to a letter from Adam Davis regarding concerns of street naming at Huset Parkway,
Refer this to the Traffic Commission.
. Wednesday, January 31 will be the quarterly Anoka County Elected Officials meeting,
Peterson
. Reminded everyone to appreciate our service men and women,
. Don't take ourselves too seriously and do a random act of kindness,
ADJOURNMENT
Mayor Peterson adjourned the meeting at 9:25 p.m.
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
RESOLUTION 2007-14
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 37th 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:
J. 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:
I, 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, ] ] 4.
4, The developer shall enter into a development contract for the Hart Lake addition,
RESOLUTION 2007-15
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR PRATT ORDWAY, LLC
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 of2lOI 37th Avenue
City Council Minutes
January 22, 2007
Page 15 of 16
LEGAL DESCRIPTION: Lot I, Block I, Hart Lake Addition,
THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9. I 09
(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, I 09 (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 of fire, and risk to public safety
in the surrounding areas; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal,
that the City Council accepts and adopts the following findings of the Planning Commission:
I. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially
similar use as determined by the Zoning Administrator.
2, The use is in harmony with the general purpose and intent of the Comprehensive Plan,
3. The use will not impose hazards or distributing influences on neighboring properties,
4, The use will not substantially diminish the use of property in the immediate vicinity.
5, The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of
the existing or intended character of the surrounding area,
6. The use and property upon which the use is located are adequately served by essential public facilities and services,
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.
S, The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of
other uses in the immediate vicinity.
9, The use complies with all other applicable regulations for the district in which it is located,
FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and
approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project
has not been completed within one (J) calendar vear after the approval date, subject to petition for renewal of the permit.
CONDITIONS ATTACHED:
I, 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.
RESOLUTION 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 following site:
ADDRESS: Lot North of21Ol 37th Avenue
LEGAL DESCRIPTION: Lot I, Block I, 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 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:
City Council Minutes
January 22, 2007
Page 16 of 16
1, Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the
specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue
hardship.
2, The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally
not applicable to other properties within the same zoning classification,
3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person
currently having legal interest in the property,
4, The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan.
5, The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the
enjoyment, use, development or value of property or improvements in the vicinity,
FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and
approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the
project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the
permit.
RESOLUTION 2007-17
RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE 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 following site:
ADDRESS: Lot North of2101 37th Avenue
LEGAL DESCRIPTION: Lot I, Block I, Hart Lake Addition,
THE APPLICANT SEEK THE FOLLOWING RELIEF: A I9-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:
I, Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the
specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue
hardship,
2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally
not applicable to other properties within the same zoning classification.
3, The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person
currently having legal interest in the property,
4, The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan,
5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the
enjoyment, use, development or value of property or improvements in the vicinity,
FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and
approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the
project has not been completed within one (I) calendar year after the approval date, subject to petition for renewal of the
permit.
HOUSING & REDEVELOPMENT AUTHORITY
REGULAR MEETING MINUTES OF OCTOBER 24, 2006
Call to Order - The Regular Meeting of the Columbia Heights Housing &
Redevelopment Authority (HRA) was called to order by Chair, Tammera Diehm at 7:43
p.m., October 24,2006, in the Parkview Villa Community Room B, 965 40th Avenue NE,
Columbia Heights, Minnesota,
Roll Call- Tammera Diehm, Bruce Nawrocki, Dennis Ecklund Jr., and Bruce
Kelzenberg
Absent- Patricia Jindra, Bobby Williams
Pledge of Allegiance
CONSENT AGENDA
Approve the Minutes of July 25, 2006 Regular Meeting and Financial Report for
the months of July, August and September 2006, Resolution 2006-06.
Nawrocki stated in the July report, $8,512 Parkview Villa pays the HRA is that per
month. Lindig stated that represents 3 months of the quarter for HRA administration.
Nawrocki asked under interest income, what is the fund balances for the north and
south that we are drawing interest on. Lindig stated the north is on page 62, at
$479,056 and the south is on page 73, at $213,745.
Ecklund, jr. asked on page 11, due to resident council it is showing a minus, what is
that for. Lindig stated it is the amount owned to the resident council on that date for the
50% of the laundry proceeds. Ecklund asked what is the current laundry fund. Lindig
stated the north building is $228 and $98 for the south building, which is money that is
deposited into the bank, but not written over to the resident council yet.
Motion by Nawrocki, second by Ecklund, to approve the consent agenda Items #4 and
#5 as listed. All ayes. Motion Carried,
BUSINESS ITEMS
Report of Management Company
Todd Klien introduced Nick Gravemann the new housing manager, who began in
September this year. Diehm asked Gravemann to tell the board a little about himself
Gravemann stated he recently moved to Minnesota from Missouri, has been in property
management in several states and was happy to be here.
Nawrocki stated he was told to talk to Streetar if he had questions we might have
relative to this process of hiring a manager, did not put his questions in writing, but
rather went in and talked to Streetar with the following concerns: 1) the experience
candidates have in relative to management; and 2) the experience the candidates
would have relative to working with senior citizens. He received no response and felt
Housing & Redevelopment Authority Minutes
October 24, 2006
Page 2 of9
the process wasn't working the way it was supposed to work.
Gravemann stated he provided the July, August and September reports and are there
any questions.
Diehm asked for clarification of the occupancy report as September 19th report it was
101 out of 101 on the north and 44 out of 45 in the south, the same numbers hold true
for October, but it looks like there were two move ins, where those transfers.
Gravemann stated they were transfers.
Nawrocki stated there is some sort of power ball gambling program going on at
Parkview Villa, is for profit for somebody or is this a resident council activity.
Gravemann stated it was the resident council. Ecklund stated it was organized by
resident, Ron Schumacher. Schumacher, Unit 702 stated he started a bingo night at
Parkview Villa a couple of years ago on Sunday evenings, he calls it power ball bingo,
charges residents to play and if there is any additional fees collected, I donate those
funds to needy children. Last year we donated $800 to the Ronald McDonald House.
He checked with the tobacco and firearms, state gaming commission and as long as
you get less than $200 and it is only for the residents of the building, we are legal.
Nawrocki asked the management to check into this to see if this is legal.
Nawrocki stated once before he spoke about a water problem leaking on the 9th floor
down, as far as he know the problem is still there, it seems like something should be
done about this individual, if someone can't take care of the unit they are living in, like
turning off the water valve to prevent water leaking to other floors, there should be
some better solutions. Gravemann stated according to HUD rules that cannot force the
resident to move, he has to choose to move and asked if the board would consider they
process the eviction process for this individual. Nawrocki stated he wasn't sure what we
should do, but to take care of the issue. Gravemann stated we would probably look into
some services available to this individual from the county and if necessary proceed with
the eviction proceedings. Klein stated Gravemann is on the right track as this isn't an
assisted living facility and we can't force them to move.
Nawrocki stated at the last meeting residents raised some concerns relative to
problems with water backing up in apartments, Gravemann stated the maintenance
man has looked into this and made some improvements to units, and it was his
understanding that this was pretty much taken care of Terry Bushe, Maintenance man,
stated he was able to find some of the drains and cleaned them, 9 of the 10 risers he
found had problems and he cleaned them, felt he was ahead of the problem, and was
also in the underground garage.
Resident Council Minutes
Ecklund stated for the bazaar they profited $3,225.09. He thanked the members of the
building, HRA board, City Council and the City employees. We appreciate you showing
up at these events, it means a lot to residents.
Housing & Redevelopment Authority Minutes
October 24, 2006
Page 3 of9
Citizen Forum
Resident, Ken Block, Unit 315, stated he moved in this fall, and with the new clock
tower on Central, people like to walk around the area, the sidewalk is broken up, and
the garbage in the alley, he wanted to bring this to the cities attention. Diehm stated
City Council has been working to clean up some of the issues with the Star Bar and
asked staff to talk to the public works department to see if the sidewalk repairs can be
made.
Public HearinQ-Resolution 2006-07, 2007 PHA Plan & Related Certifications
Gravemann stated the quality housing and work responsibility act of 1998 requires all
Housing authorities to prepare a Public Housing Agency Plan. Staff has prepared a
draft document for review. The plan has been reviewed by: Anoka County, the resident
council and residents with no recommendations or comments to the plan.
Ecklund asked what projects would be preformed next year to the building and when
will the windows be replaced. Gravemann stated they would be taken care of re-
caulking the windows next year and the windows would be sometime after 2008.
Nawrocki asked on page 5, #4, page 4, item 2 and 3 and B-1, why isn't it filled in.
Gravemann stated it was an error and he would make the corrections.
Diehm asked if we have a consolidated plan. Gravemann stated we do not have this
yet as it was an error on his and Dana's part, and wasn't sent to Anoka County until
yesterday.
Diehm opened the public hearing at 8:10 pm. There were no Comments.
Diehm closed the public hearing.
Motion by Kelzenberg, second by Ecklund, to waive the reading of Resolution 2006-07,
there being an ample amount of copies available to the public. All ayes. Motion
Carried.
Motion by Kelzenberg, second by Ecklund, to Adopt Resolution 2006-07, a Resolution
confirming approval of the 2007 Public Housing Agency certifications of compliance
with the PHA plans and related regulations, subject to finalization from the management
company and review by staff. All ayes. Motion Carried.
Adopt Resolution 2006-08, Third Amendment to Walker ElderCare Contract
Bob Alsop, Kennedy & Graven stated the current Management and Maintenance
SelVices Agreement with Walker ElderCare SelVices Inc does not include the current
maintenance wage rate determination or the Federal labor standards provisions
required under Federal Law. This third amendment includes the language necessary to
comply with these regulations, The changes to the agreement are: 1) subcontracting
provision Section B (8), requires Walker to confirm and certify the proposed
Housing & Redevelopment Authority Minutes
October 24, 2006
Page 4 of9
subcontractors are not barred from entering into contracts with the HRA under Federal
Law and insures all subcontracts contain the applicable labor standard provisions; 2)
Under Section B (15), which is a new provision containing the applicable Labor
Standard provisions; and 3) In Section D (8) it authorizes Walker to negotiate and
execute contracts on behalf of the HRA up to $2,000 for services, materials and
supplies in the approved Operating Budget, and they would negotiate all other
contracts, which exceed $2,000 or related items not included in the Operating Budget to
the HRA board for approval. He was taken it on for the city to develop these contracts
and agreements to satisfy the HUD requirements.
For an agreement or contract the law requires that you have a prevailing wage
agreement and Labor standards provisions, the contract between the HRA and Walker
ElderCare does not have these documents in it, so therefore, this amendment adds
those documents. From what he could see there aren't any subcontracts between the
HRA and subcontractors at this time. Anything up to $2,000 can be signed by the
Deputy Executive Director, and anything up to $15,000 must be signed by the
Executive Director.
Fehst asked if this is all under the agreement that we pay walker or is this in addition to
that. Streetar stated two payments are paid to Walker; one that covers gas, and
operating costs; and one covering management fees to run the building. If someone
leaves their employment, that difference is applied towards their management fee.
Diehm asked how the wage requirement works with our current elevator contract, as we
don't pay per hour. Alsop stated according to HUD in the future, you would need to
document what they are going to pay their employees. Streetar stated we also provide
to them copies of the wages to make sure they are in compliance. Nawrocki asked why
couldn't Walker do that.
Alsop stated according to this agreement Walker has some compliance duties. In terms
of monitoring, HUD will not let them do that, it has to be done by the HRA authority.
Diehm stated from now on we would look for this type of information when we perform
the bidding process. Alsop stated he put the responsibility on Walker to check the
government list to see that any contractor that they bring to the board has to be
qualified per HUD's list.
Ecklund asked if the maintenance workers come under this wage requirement or is it
just a straight wage. Alsop stated it would be straight wages.
Nawrocki asked who would be responsible to act on Walker's behalf on contracts.
Lindig stated with Walker there isn't anything in writing, but has assigned this to Klein
and Gravemann.
Nawrocki stated, as the signature of the Executive Director is also the City Manager, is
this documented that he will be signing these documents, and not just a verbal okay.
Housing & Redevelopment Authority Minutes
October 24, 2006
Page 5 of9
Motion by Kelzenberg, second by Ecklund, to waive the reading of Resolution 2006-08
there being an ample amount of copies available to the public. All ayes, Motion
Carried.
Motion by Kelzenberg, second by Ecklund, to Adopt Resolution 2006-08, a Resolution
Approving and execution of the Third Amendment to the Management and
Maintenance Services Agreement with Walker ElderCare Services Inc; and
furthermore, to authorize the Chair and Executive Director to enter into an agreement
for the same.
Diehm stated as chair of this body it would be her expectation that they see this
documentation with proposals that are brought forward.
Motion by Nawrocki, to amend Section 3, amending section D (8) of the agreement so
that the $15,000 authorization for the Executive Director be reduced to $5,000.
Motion dies for a lack of a second.
Upon Vote of the original motion: All ayes. Motion Carried.
Adopt Resolution 2006-09. Maintenance/Services Contractin~ Policv
Alsop stated this Maintenance/Services Contracting Policy for Parkview Villa must be
implemented for contracting vendors. He provided the board with a contacting flow
chart, which he provided to Judy McIntire at HUD.
Motion by Nawrocki, second by Ecklund, to waive the reading of Resolution of 2006-
09, there being an ample amount of copies available to the public. All ayes. Motion
Carried.
Motion by Nawrocki, second by Ecklund, to Adopt Resolution 2006-09, a Resolution
Approving the Maintenance/Services Contracting Policy. All ayes. Motion Carried,
Res.2006-10. Maintenance/Services & Subcontractor A~reement Forms
Alsop stated he is asking for approval with respect to form of the agreements with
Walker and contractors. From what he has seen, there has never been a subcontractor
agreement. McIntire made some changes to the original agreement. HUD requested
the following changes: a) Under Section 1, change "maintenance and non-maintenance
work" to "routine and non-routine maintenance work"; b) Section II, we must specifically
state the Executive Director be as the authority signature; and c) Section III (E)- Identify
the specific means to be implemented by the HRA in verifying compliance with the
applicable prevailing wage requirements, i.e. certified payroll records and revise the
policy so that payroll records will be reviewed and compliance verified prior to the last
payment under the contract by the HRA; and d) Section IV- the Federal Labor
provisions under this section should not be limited to Section II of HUD 5360C and
revise the policy to require all appropriate provisions of HUD 4360C depending on the
size of the project.
Housing & Redevelopment Authority Minutes
October 24, 2006
Page 6 of9
It is the most basic policy he has put together to meet HUD's standards
Diehm asked if these Maintenance Wage Rates are amended each year with the cost
of living. Alsop stated, it is updated yearly by HUD.
Fehst asked what happens if they do the work and don't sign the agreement. Alsop
stated there are provisions in the agreement that states the actions necessary,
Motion by Nawrocki, second by Ecklund, to waive the reading of Resolution 2006-10,
there being an ample amount of copies available to the public. All ayes. Motion
Carried.
Motion by Nawrocki, second by Ecklund, to Adopt Resolution 2006-10, a Resolution
Approving the Maintenance/Services and Subcontractor Agreement Forms for Parkview
Villa. All ayes. Motion Carried.
Streetar stated he wanted to thank Bob Alsop for all his work on these documents.
There were a lot of documents necessary to get us in compliance with HUD's
requirements.
Adopt Resolution 2006-11. 2007 Parkview Villa North Budaet
Bob Lindig, Walker Finance Officer stated the proposed 2007 budget for Parkview Villa
North is $519,904, which includes $101,041 for capital outlays. Excluding capital outlay,
which was not budgeted for in 2006 and the 2007 budget represents a 4.2% increase,
or $16, 816 over last year's budget. The majority of the increase is attributed to the
increased management fees of $24, 138 over last year's budget greater than the 2006
budget. The Utility budget has been increased over the 2006 budgeted amounts also.
The total revenue is $528,446 and includes rents of $290,630, Operating Subsidy of
$121,200, (based on the 2005 operating subsidy, we should see more funding actually
come out later, Capital Funds of $101,041, Investment Income of $5,000 and other
miscellaneous charges, The capital improvement plan of the apartment modernizations
will continue to be implemented.
Nawrocki asked on page 1, computer supplies, what have we been running the
computers on as in previous years there wasn't anything budgeted. Lindig stated it is
for basic computer supplies like paper, forms, etc.
Nawrocki stated maintenance construction materials would take a large jump. Lindig
stated as part of next years budget in the north building there is a few plumbing issues
that need to be addressed. Bushe stated it is replacing plumbing with PVC parts.
Diehm stated the attorney's budget takes a significant decrease. Lindig stated with all
of the leases, ACOP's and HUD forms being developed this year, the need for the
attorney's fees would drop for 2007.
Housing & Redevelopment Authority Minutes
October 24, 2006
Page 7 of9
Nawrocki stated the expert and professional services increased and why the amount for
the north building is budgeted more. Lindig stated in the 2006 budget that was under
estimated, so he felt we should raise that amount and that the north is higher because
these additional HUD documents required to meet the HUD monitoring standards are
for the North building only.
Nawrocki asked what is the expert and professional fee for both the north and south
buildings in 2005 and 2006. Lindig stated the total for both buildings for 2005 was
$171,975,2006 was $210,000 and for 2007 it would be $216,049.
Nawrocki asked on the revenue side, no property tax dollars come into Parkview Villa
north and south, and what is PILOT. Streetar stated it is for the north at 10% of the
shelter rents by agreement between the HRA and HUD and the south building, since
the building was put into use they used the 10% figure, which should actually be the 5%
and staff is working to get that changed. Fehst stated PILOT stands for payment in lieu
of taxes.
Diehm stated they increased the gas budget for the north versus the south building.
Lindig stated the increase forecast ranges from 4 to 15% and that the north building
uses significantly more gas than the south building.
Motion by Kelzenberg, second by Ecklund, to waive the reading of Resolution 2006-11,
there being an ample amount of copies available to the public. All ayes. Motion
Carried,
Motion by Kelzenberg, second by Ecklund, to Adopt Resolution 2006-11, a Resolution
of the Housing and Redevelopment Authority in and for the City of Columbia Heights
Adopting the 2007 Parkview Villa North Budget for $519,904 and recommending this
budget to the City Council for approval. All ayes. Motion Carried.
Adopt Resolution 2006-12. 2007 Parkview Villa South Budaet
Lindig stated the proposed 2007 budget for Parkview Villa South is $242,639, which
represents a 4.7% or $9,932 increase over last year's budget. The increase includes
$15,519 in management fees, pursuant to the change in fee structure approved in
January 2006. The increase is partially offset by an $8,859 reduction in budgeted
Expert & Professional Services. Utility budgets for 2007 are somewhat lower than the
2006 budget, due to expected decrease in the cost of gas, The cost of supplies in 2007
is budgeted at an increase of 16.16% or $1,600 over 2006 to allow for replacement of
aging appliances, Proposed gross revenues are $280,470 and include rents of
$273,277 investment income of $2,500 and other miscellaneous charges, The rent
budget takes into account the limited rent increase proposal approved at the July 2006
HRA meeting, That proposal mitigates the impact of rent increases otherwise due to be
implemented for 15 residents who would be severely and adversely affected by the final
transition to the new rent structure approved in 2004.
Housing & Redevelopment Authority Minutes
October 24, 2006
Page 8 of9
Motion by Nawrocki, second by Kelzenberg, to waive the reading of Resolution 2006-
12, there being an ample amount of copies available to the public. All ayes. Motion
Carried.
Motion by Nawrocki, second by Kelzenberg, to Adopt Resolution 2006-12, a Resolution
of the Housing and Redevelopment Authority in and for the City of Columbia Heights
Adopting the 2007 Parkview Villa South Budget of $242,639 and recommending this
budget to the City Council for approval. All ayes. Motion Carried.
Discussion on Current Internal Transfer Policv
Diehm stated Commissioner Nawrocki requested this item be brought up before the
HRA board for discussion tonight.
Nawrocki asked what an internal transfer policy is supposed to cover. Gravemann
stated it covers the costs to make repairs to the apartment.
Diehm asked if they paint every time someone moves out, regardless of how long they
lived there. Gravemann stated that was correct.
Nawrocki stated he didn't believe there should be a cost to fix up the new unit as the
previous resident should have left it in good shape, the tenant leaving, if they don't
leave it in good condition, the costs for the repairs would come out of the damage
deposit originally received when they moved in. Recently, we had a discussion on a
resident paying these fees and the board did waive this fee. Diehm stated she felt it
was at the October of 2004 meeting that it was discussed.
Lee Feeney, caretaker when we have a transfer, we have two apartments that have to
be turned, where as we take someone from the outside coming in we only have one
apartment to turn. Nawrocki stated that is what he is talking about, the $400 isn't
justified. Diehm stated if she was a moving from one apartment to another, and maybe
there would be a cost of turning an apartment with a quick turn around. Bushe stated
painting alone is $220, shampoo and carpeting $195 or a total of $395. Nawrocki
stated he didn't feel that each time you have to a complete paint job on the unit.
Fehst asked Nawrocki if he was asking if they should do an assessment each time
someone moves out, Nawrocki stated no he wasn't asking that, but that it should be no
different for a person that would move internally or moving out. Diehm stated wasn't this
part of the idea to discourage moving from one unit on one floor to another floor, the
costs are incurred by us, and that she remembers this was brought to us by the
management company. Nawrocki stated that is an unfair charge.
Fehst asked if Walker has a policy for their units. Lindig stated they paint every 5 years
even though they don't need it.
Resident, Ruth Hiltested, Unit 310, stated when Dana was here and someone that
wanted to move from one unit to the other, she received a bonus to move apartments,
Housing & Redevelopment Authority Minutes
October 24, 2006
Page 9 of9
Feeney stated Dana didn't get a bonus for internal moves. Lindig stated Dana's
agreement stated she would receive compensation for new move in's, not internal
transfers.
Diehm asked Gravemann if there was anyone on the waiting list at this time that this
would apply to. Gravemann stated there wasn't.
Diehm asked staff to pull out old minutes and consent letters to provide to the board at
our next meeting to find out the real reasons why this policy was adopted.
Diehm stated we have to recognize there would be a possibility of residents moving to
different floors or sides of the building because it's nicer.
Motion by Nawrocki, that the Internal Transfer Policy be changed to read that if the
tenant should chose to move from one unit to another in the building, that they be
charged only the actually clean up costs from normal wear and tear in the unit they
leave. Motion dies for a lack of a second.
Motion by Diehm, second by Kelzenberg, to have staff come back to the board with the
previous documents from past meetings on this issue. All ayes. Motion Carried.
Other Business
Nawrocki stated the HRA hasn't approved the levy. Streetar stated the HRA doesn't
approve the levy, it is approved by the EDA. Nawrocki stated if that is the case it can no
longer go down in the portion of the property tax statement, because the EDA has to be
up with the general levy. Streetar stated the EDA which does all of the redevelopment
work, pays for all of its services through the levy at a rate of. 0001813 and the HRA levy
of .000140, its called the HRA levy, has no bearing to this body, we call it the HRA levy
because that is how it is general understood, the EDA can levy both to fund
redevelopment, these properties and the cost to operate them are paid from rents,
operating subsidy from HUD, and the capital subsidy from HUD, that is how it has been
paid for the past four years. Diehm stated so they are not paid from the HRA levy.
Streetar stated that was correct. Nawrocki stated you just testified that when you
started doing that sometime back, that this was really a sneaky way to get an extra levy
out of the citizens of the community.
Adjournment
Chair, Diehm adjourned the meeting at 9:50 p.m,
Respectfully submitted,
(!/~ dJJ--
Cheryl Bakken
Recording Secretary
H:\HRAMinutes 2006\10-24-2006
ECONOMIC DEVELOPMENT AUTHORITY (EDA)
REGULAR MEETING MINUTES
November 28, 2006
CALL TO ORDERIROLL CALL
President, Murzyn, Jr. called the meeting to order at 7:08 p.m.
Present: Don Murzyn Jr., Patricia Jindra, Bobby Williams and Bruce Nawrocki,
Tammera Diehm, Gary L. Peterson and Bruce Kelzenberg
PLEDGE OF ALLEGIANCE
CONSENT AGENDA
Approve Minutes of October 24, 2006 regular meeting and the Financial Report and
Payment of Bills for the month of October on Resolution 2006-09.
Motion by Williams, second by Diehm, to approve the consent agenda Items #3 and #4
as listed. All ayes. Motion Carried.
BUSINESS ITEMS
Resolution 2005-10 and 2006-11. 2007 Bud~et and Levy
Streetar stated on November 6 at the joint City Council and EDA budget work session
the budget was presented. Commissioners Jindra and Murzyn weren't present, but he
has talked with them about it, so since there is no further discussion by commissioners
tonight staff is recommending board approval of the resolutions.
Nawrocki stated the current levy for the EDA and HRA are $84,969 and $161,366, the
increase for the EDA is a 66% increase and the property tax levy and a 9% increase in
the HRA levy. Fehst stated this is part of the overall 2. 1% levy. Nawrocki asked why
we are acting on this tonight. Fehst stated we pass this along to the City Council for
approval. Streetar the only additional costs we have are related to labor, which is about
$23,000 and $50,000 for the Comprehensive Plan, otherwise it is all the same,
Nawrocki stated we have approximately $155,892 cash balance at the end of 2005,
according to the report he received from finance, there should be a significant balance
left over this year, we should give the taxpayers the benefit of not charging them as
much. Streetar stated taxes are the lowest they can be on the median value homes in
the metropolitan area with the exception of two cities. Nawrocki stated I beg your
pardon, I think you gave to the mayor the 168,931, if you take out of that the 21
communities in Anoka County, fifteen of them have lower levies for that value of the
home. Streetar stated the reason they have a lower rate is because they have a tax
base 25 to 35% higher than ours, our spending is average or a little bit below, our tax
base has been anemic for 30 years. Nawrocki stated you may call it anemic, but the
fact is you should go out and tell the people taxes are anemic, Murzyn Jr., Fehst,
Diehm, and Kelzenberg stated their taxes went down. Fehst stated what is more
disturbing is that his housing value went down for the second year in a row.
Economic Development Authority Meeting Minutes
November 28, 2006
Page 2 of9
Streetar stated in Columbia Heights we have 41 foreclosures, 67 vacant properties and
114 houses for sale right now. Nawrocki stated he is worried about the market of
homes in the City.
Fehst stated we have explained why the increase is there, Mr. Nawrocki's concern
about eating into the fund balance is a valid one, and I know that we will made that at
the public meeting that we have next Monday night, but we feel the budget is
necessary, we have shown the leverage that we can bring to bear on redevelopment in
this town through 24 successful grant applications, through projects that will end up
increasing the assessed market value in this City by about 15% and we should have
been doing it 10, 15 or 20 years ago and we didn't, so we can either do it or not do it.
Nawrocki stated well you shake your head, that is the buracratic response, they say
that politicians look at what happened before, when nothing happened to Lincoln, and
then the world supposedly gets turned around, while staff, for better or worse does this
like the so called politicians and to justify their existence. Fehst stated the evidence is
there Bruce, for inner ring suburbs, we are the last to get going.
Murzyn Jr. stated the question before us is the budget, are there any questions
regarding our budget.
Nawrocki stated we do a lot of inter-fund borrowing, but the fact of the matter is we
have some pretty high reserves, more than we need.
Motion by Williams, second by Diehm, to Adopt Resolution 2006-10, being a
Resolution of the Columbia Heights EDA Adopting the 2007 Budget of $317,228 and a
levy of $140,898 and recommending approval of the same to the City Council.
Nawrocki asked what is the special benefit levy. Streetar stated the EDA has two levies,
the EDA is levied at . 1813 and the HRA is levied at .1440, and all of the funding is used
to fund the EDA, which is his, Randy, and Cher's time and the associated supplies.
Nawrocki stated there isn't any levy called special benefit levy, it is the HRA levy, which
is the other on your tax statement. Streetar stated in the State Statue it is called special
benefit levy.
Amended Motion by Nawrocki, that the EDA levy be reduced from the $140,898 to its
current levy of $84, 965. Motion dies for a lack of a second.
Upon Vote: Nawrocki-nay, Jindra-aye, Kelzenberg-aye, Peterson-aye, Diehm-aye,
Williams-aye, Murzyn-aye. Motion Carried.
Motion by Diehm, second by Peterson, to Adopt Resolution 2006-11, being a
Resolution of the Columbia Heights EDA approving a special benefit of $176,330 and
recommending approval of the same to the City Council.
Amended motion by Nawrocki, that the special benefit of $176,330 be reduced to
$161,366. Motion dies for a lack of a second,
Economic Development Authority Meeting Minutes
November 28,2006
Page3of9
Upon Vote: Nawrocki -nay, Jindra-aye, Williams-aye, Kelzenberg-aye, Peterson-aye,
Murzyn-aye, Diehm-aye. Motion Carried,
Murzyn Jr. stated the county has been saying for years they are holding the line on
taxes, we aren't going to raise your taxes, but your property taxes go up each year, so
now when property values are dropping, they are going to raise taxes aren't they.
Nawrocki stated he tried to ask that last night, he felt a lot of values went down and the
rest of the homes went up. Streetar stated the presentation he gave in September,
comparing us to 13 other cities, we are growing slower than the 12 others that we work
with, so while our values did go up, they aren't going up at the same rate as the others,
and we are the lowest on a per household basis.
Nawrocki stated if your wondering what happened with property values you might ask
yourself how many of these assisted living homes we have built in this city, compare
that to what has been done in other communities, how many of the habitat for humanity
homes do we have in this city. Streetar stated we have 21 in this city. Murzyn Jr. stated
Nawrocki don't mean assisted living but low income. Nawrocki stated that was correct.
Murzyn Jr. stated you could look at it as what did those homes replace.
Streetar stated the issue is that we have a lot of two and three bedroom ramblers that
are 1200 square feet, that were built before 1950, he lives in one in northeast
Minneapolis, the difference is his value is $40,000 to $50,000 higher than the same
house in Columbia Heights.
Williams stated the old Hemak home on 44th that Habitat built two new ones on, that
was a great improvement. Peterson stated none of our Habitat Homes have been a
problem.
Resolution 2006-12. Contract for Private Development with Pratt Ordway. LLC
Schumacher stated the EOA entered into a Preliminary Development Agreement with
Pratt Ordway Properties in March of this year to construct a senior assisted living
project. At this time, Pratt Ordway, the developer, and Comforts of Home, the builder
have prepared a redevelopment concept plan for the Apache Theatre property that
consists of 58 units of assisted living, an attached Montessori School and a 1.06 acre
commercial lot proposed for the new municipal liquor store. The Planning Commission
has approved: 1) a comprehensive plan amendment to re-guide a portion of the subject
property from commercial to high-density residential; 2)a rezoning amendment to
rezone a portion of the subject property from GB, General Business to R-3 Limited Multi
Family Residential; and 3) a preliminary plat approval. The City has received approval
of an $115,000 Community Development Block Grant from Anoka County to assist in
the demolition of the vacant Apache Theatre. The developer is obligated to reimburse
the authority for any costs incurred in reviewing the developers proposed plans for this
project and has already provided the initial deposit of $5, 000. If this agreement was
approved, demolition of the theatre would happen sometime this winter with
construction start up on May 1st, 2007. Tonight we have Lenn Pratt, Pratt Ordway;
Daryl Gemer, who he has been working with for the past few months on this project and
Brian Wingus from Comforts of Home and Steve Bubul, the EOA Attorney to answer
Economic Development Authority Meeting Minutes
November 28, 2006
Page 4 of9
any questions the board may have.
Nawrocki asked what happens if the Met Council doesn't approve the change. Streetar
stated their approval is purely administrative, they have reviewed it, and don't have any
problems with what the City wants to do with that location. Nawrocki asked then why
do they approve it. Streetar stated they are required to take certain steps in terms of
getting feedback from adjacent cities, which we already went out and got, before they
even starting looking for the approvals, as it is a new requirement, we already know the
responses from the other cities, they are very favorable, they don't have any problems
Murzyn Jr. asked what cities would that be. Streetar stated it was Minneapolis, New
Brighton, St. Anthony, Hilltop, and Fridley, if you touch them you have to get their
feedback. Nawrocki asked what we are going to pay for this property. Streetar stated
would be $11.00 per square foot, or about $506,000. Nawrocki asked what we sold the
little one-acre land for the Sarna's bar and grill for, less than a $1 per acre. Streetar
stated it was and if that property were as clean as this one, we would have got the
same price. Nawrocki asked how much we used of public dollars to clean up that
property. Streetar stated $120,000.
Williams asked how does the property taxes stack up from what the theatre is paying
know and what they would be with this development. Streetar stated the theatre was
valued at $600,000, so you will have closer to $8 million, with no tax increment district.
Motion by Peterson, second by Kelzenberg, to Adopt Resolution 2006-12, a Resolution
approving the contract for private development agreement between the Columbia
Heights Economic Development Authority and Pratt Ordway, LLC for the
redevelopment of 2101 3ih Avenue; and furthermore, to authorize the President and
Executive Director to enter into an agreement for the same. All ayes, Motion Carried.
Subordination AQreement for Parkview Homes LLC
Schumacher stated this is dealing with the building in Phase I of the Industrial Park,
Ryland is developing all of the units except this last one. What we are talking about
tonight is a subordination agreement, because Schafer Richardson is building this one,
not Ryland, the unit looks exactly like the other ones, they are borrowing about a million
dollars from the bank and this is the agreement, which Steve Bubul has reviewed and
he is here to answer any questions you might have.
Nawrocki stated under recitals the contract for private development, what have we
agreed to with the developer. Bubul not much, the original contract of which Schafer
Richardson is responsible for the redevelopment, the bank wants the EDA to ,..
Nawrocki asked what is the recourse if the developer goes belly up, would the borrower
be able to come back to the City to get the TlF. Bubul stated there is none, neither
party has the right to come back to the City to get any more TlF, they are on their own,
they potentially could asked for it, but legally it isn't a TlF qualifying cost.
Nawrocki stated under number 3, Notice and Cure Rights, the last sentence; "In the
event there is an event of default under the Development Agreement, the Authority will
Economic Development Authority Meeting Minutes
November 28, 2006
Page 5 of9
transmit to the Lender a copy of any notice of default given by the Authority pursuant to
Article IX of the Development Agreement", what does that mean. Bubul stated if this
borrower defaults on the loan, you would get notification of the default, but would have
no obligation to pay.
Williams asked if Schafer Richardson is building this because of the contamination.
Schumacher stated there was a lot of contamination on the site, Ryland decided to step
away from it, so Schafer Richardson is going to build this one.
Motion by Kelzenberg, second by Jindra, to Approve the Subordination Agreement
between the Columbia Heights Economic Development Authority (EDA), Parkview
Homes, LLC, and M & I Marshall & IISLEY Bank; and furthermore, to authorize the
President and Executive Director to enter into an agreement for the same. All ayes.
Motion Carried.
REDEVELOPMENT UPDATE
Activity Center
Partenheimer stated the ACAC met on September 13th to prioritize a list of amenities
and potential sites to be included for further study, which included the former NEI site,
Heritage Heights neighborhood, and adjacent to the high school. The information was
passed on to an architectural team from BKV Group, who came back at the November
9th meeting with a draft feasibility report. It was clearly stated that these are not the
proposed plans, but simply options and a means for discussion by the group.
Nawrocki asked when the next meeting is set for. Partenheimer stated it has not be set
up, but hoping for sometime in December.
Diehm stated we have seen the three sites, but is there other sites being talked about.
Partenheimer stated at the moment they are only looking at those three sites as far as
the feasibility report goes, that is what the architect has given us to review, they do
have a long way to go, so there is a possibility as a group they may look at other sites,
but not at this time. Murzyn Jr. stated he would like to see them review the Huset Park
site. Diehm stated she agreed.
Streetar stated he talked with the YMCA today, who said may come in and possibly run
it for us. They have had an on-going dialog with the City of Minneapolis for a couple of
years, initially the Mayor and Paul Ostrow said down by the lupine water park that the
Cities donation would not be in cash but in land and the water park and adjacent land
would be conveyed to the YMCA to build there. The City changed their mind and said
you can have some land west of that, closer to Central and the YMCA doesn't feel that
is a good location. Our staff has been in discussions with the YMCA for a while now
and as the meeting today they will be bringing a letter to potentially partner this project
with you, With their reputation, programming, ability to fund raise and run the facility,
they could do a better job than we could every do.
Economic Development Authority Meeting Minutes
November 28, 2006
Page 6 of9
Jindra stated the YMCA project in Andover is always busy and thinks this is a wonderful
idea to get involved with them. Nawrocki stated they have some experience raising
funds in Columbia Heights, they were looking at the site adjacent to Sullivan Lake, they
raised money, did not make promises, but never built.
Grand Central Lofts
Partenheimer stated as you seen in the article attached to the packet in July staff
applied for a Livable Communities Demonstration Account grant for funding of a parking
ramp to serve 47,698 feet of proposed commercial development. The City is expected
to know as early as mid December whether it has received this funding.
Parkview
Partenheimer stated Veit companies received the bid of demolition of the Grief, Steel
Tech and associated outbuildings in Phase /II. Abatement of asbestos and other
contaminants began this week, with building demolition proposed to begin the first week
in December.
38th & Central
Partenheimer stated in late spring the EDA entered into a preliminary development
agreement with Sherman Associates to prepare a redevelopment plan for the area that
includes the Burger King, Mady's Bowl and the Columbia Heights Rental property.
ProSource Technologies has completed the draft phase two environmental
assessment, the initial cost for clean up is estimated to be $2.8 million dollars, which is
attributed to the asbestos roof shingles dumped in this area in the past. Staff is working
with Sherman Associates to present a plan with some options for the EDA meeting in
January.
39th & Central
Streetar stated ProSource has completed a draft Phase /I study, which is an estimated
total cost for clean up between $2.8 and $3 million. That is using the type of technology
that is the least expensive, he has relayed this information to Sherman Associates, who
is putting this in their performa. We are having their performa and number reviewed by
Ehlers. What we want to do is bring to the board something that works with options
and will take a little time, because initially they were talking about 60 units of senior
Housing, 10,400 square feet commercial space, 10,000 square foot restaurant pad, and
10 units of single homes. At the January EDA meeting we will have some concept
ideas to present.
Williams stated we should take note that with Sherman we have heard some negative
comments at City Council meetings about this guy, but the article attached in the packet
tonight says he won an award for the Sears building, we should remember that.
Nawrocki stated you should look at the 19th & University to see the Botono project.
Fehst asked what it is that bother him about that project. Nawrocki stated there are two
things: 1) he has talked to some of the people in Minneapolis people who gave him
some bad reports, that isn't right or wrong, but some information he has taken in from
Economic Development Authority Meeting Minutes
November 28, 2006
Page 7 of9
someone that he does have some respect for; and 2) the low-income is rental, and he
doesn't like the looks of it. Peterson stated it isn't Sherman's fault that it is low income,
the design is nice, the structure looks fine, we don't want low income in Columbia
Heights. Murzyn Jr. stated the problem is that our housing stock is all low-income
housing.
Williams stated the homes where Murzyn and Diehm live are in a nicer area and the
lower income areas that we are now cleaning up will only help the property values, we
are doing the right thing.
New Business
Streetar passed out and reviewed in detail, a "Healthy Homes, Strong Tax Base
Initiative" item that was added to the agenda.
Streetar stated this item he did not have ready for the packet, but is something that he
has been thinking about for a while and you may want to take into consideration. When
he gave a presentation back in September he made the remark that 90% of our tax
base is residential, or about $1. 1 billion, talked about the value of our property relative
to other cities and he thought a little more about it, looked at the condition of our
property, went back into some of the past surveys and comprehensive plans and felt
you have a significant problem with some of the housing in this City. He thinks that if it
isn't addressed, you will long for the days when you only had Sheffield. It is not to
criticize of any past city effort, it is not to criticize the people, it is recognition of what he
thinks is a serious issue facing this body. What is asking them to consider tonight is: 1)
establishing long-term and substantial funding sources by extending the term of the A3-
C7 downtown T1F district for an additional 25 years and use those funds to expand the
Rehabilitation Incentive Program, currently administered by GMHC; and 2) establish a
scattered site blighted acquisition program. He is recommending this because the tax
base is the backbone of the City, 90% of it is residential property, $1. 1 billion, about
70% of the property in this City is owner-occupied and 65% is single-family homes.
Older and lower value homes, typically have a higher degree of deferred maintenance,
The pictures in the back of the packet are just some examples of the boarded up
properties in the City.
Fehst stated the homes up on ih street, with the back up of water problems, the homes
were boarded up, as the city hasn't been able to get a hold of the owners and they
have been deemed uninhabitable for health reasons, one is for sale, one is a drug bust
house and another one is un-occupied for health reasons, due to the sewage backup in
their basements, these pockets are developing everywhere around the city.
Streetar stated the average estimated market value is residential property is $168,900,
if you look at the fourth map in the packet you'll see most of the lower value properties
are between 3ih and 45th on the west side of Central, If you look at the median year in
which property was built in Columbia Heights, we are about ten years older than the
metro area. If you look at the age of the property, at the west side the lighter the color
the older the property, most of the properties built before 1940 are on the west side of
Economic Development Authority Meeting Minutes
November 28, 2006
Page 8 0[9
Central in Heritage Heights. The 1992 Comprehensive Plan did a residents survey,
which stated 43 % of the respondents indicated the condition of housing in their
neighborhood was a problem, 64% indicated the City should provide more assistance
renovating deteriorating housing and 96% indicated the City should require owners to
properly maintain their housings and apartments. Out of 5,700 owner-occupied
properties, 625 or 11 % were rated as poor, 1, 100 or 67% were rated as fair. The Fire
Department has had over 1,500 residential complaints, half were related to owner-
occupied property and he felt Heritage Heights has been a challenge for 15 years. You
have homeowners that cannot afford to replace the items that need to be replaced.
What are the resources out there: 1) Federal resources, are the CDBG and HOME
program, which have gone down 20% in the last five years, there is a residential rehab
program, which isn't heavily subscribed, there is a fair amount of red tape that goes
along with it, and there has been 20 or so homes that have participated in that program
since 1994, which isn't a lot; 2) if you look at State and Regional resources are two
types of loans, where one you can't make over 18,000, mostly for senior citizens with a
lot of wealth, but not much income, and secondly there was a "This Old House
Program", in the early 90's through the county, which said if you do a value added
project, like an addition, they would take the value of that and would not pay property
taxes on it for five to ten years, the program was created specifically as an incentive to
revive neighborhoods, but was stopped by the legislature in 2003. Lastly, the City has
been put in $80,000 over the past five years to fund the Home Rebate program, which
has been extremely successful. If you look at your Comprehensive Plan and Goal
setting established in 2004 you said acquiring and demolishing the most seriously
deteriorated single-family homes and working with private sector to develop appropriate
replacement housing was a important, and upgrade property. So the reason he is
recommending this is because he doesn't feel there is the resources out there at the
Federal, the State or here in the City to invest what you need to do to make an impact
on these properties in Columbia Heights, specifically the scattered site program, You
appropriated about $900,000 towards the Heritage Heights program about a year ago,
if you decided to buy the boarded up property, that money is gone and you would have
no more money to do anything else.
The A3, C7 T1F District, pre-1979 district, currently generates approximately $630,000 a
year in tax increment financing, and if you extend that for approximately 25 years it
would generate approximately $16 million, that you could use to buy property in
Heritage Heights, invest in home rebate and home improvement programs through
GMHC to help homeowners to protect their housing investment. To do this you would
need to have special legislation, calling Satveer Chaudhary and Carolyn Lane to get
this. He did this in Minnetonka, St. Louis Park, Fridley, Brooklyn Park, all of these have
some form of special legislation. The City has a history of doing this as in the early 90's
you extended the district by ten years, which paid for the construction of Parkview Villa
South, or $6 million. So what he is suggesting is calling a special meeting in two
weeks, pass a resolution and take this forward and work with Satveer and Lane to get
this special legislation.
Economic Development Authority Meeting Minutes
November 28, 2006
Page 9 of9
Murzyn Jr. stated this was very interesting and he is 100% behind it.
Streetar stated if you allow the district to decertify, the tax payers would see their taxes
go down $30 a year on a $168,000 home you loose tax dollars. Fehst stated we have
read that when you decertify these districts you loose local government aid, so having
Mark Ruff look into it.
Fehst stated back in 1996, when he first started here, Mel Colova went out and
assessed these houses, we were buying these homes cheap, new homes were built,
Robbinsdale did this too, it means a lot to the residents of the City.
Streetar stated if you look at what has happened at 4828 5th, a house that GMHC
bought and the City helped fund the gap and the homes built at Harold Hoium's
properties are a great asset to the City. Nawrocki asked what is the value of the homes
on the Hoium property site. Harold Hoium stated there isn't any yard or area to do
anything on the property. Bs what he is suggestion, the session started on Jan. 3rd,
would suggest a meeting in December to discuss this.
Peterson stated we need to move forward with this community. Fehst stated present
yourself a little better than maybe some other cities, it is an operational type of thing.
Murzyn Jr. stated we should think about it, staff should get some more facts together, if
everything looks good, we should hold a meeting a take a look at it.
Nawrocki stated the City has been a gradual work in process, yes there is room for
improvement. Peterson stated you should go up and talk to the people on Tyler, they
aren't happy. Streetar stated he isn't saying it isn't a good place to live, but if you don't
keep working on it, One of the smartest things the city ever did was to build
the two downtown parkmg ramps.
Williams asked if Streetar talked to the people from Porky's. Streetar stated he has
contacted them to relocate here.
ADJOURNMENT
President, Murzyn, Jr., adjourned the meeting at 8:39 p.m.
Respectfully submitted,
Cheryl Bakken
Community Development Secretary
H :\EDAminutes2006\ 11-28-2006
ECONOMIC DEVELOPMENT AUTHORITY
SPECIAL MEETING
DECEMBER 20, 2006
CALL TO ORDER/ROLL CALL/APPOINT SECRETARY PRO TEM
President Don Murzyn Jr. called the meeting to order at 6:30 p.m.
Present: Murzyn, Jindra, Kelzenberg, Peterson, Nawrocki, Williams, Diehm
PLEDGE OF ALLEGIANCE - recited
DISCUSSION ITEMS
President Murzyn wished everyone a happy holiday season.
Adopt Resolution 2006-14,2007 CDBG Application
Bob Streetar, Community Development Director, indicated the City was awarded
$974,000 for the parking deck and an additional $147,000 for industrial park cleanup.
Randy Schumacher, Community Development Project Manager, indicated that annual
Block Grant applications are through Anoka County and through a competitive
application. Seven grants have been received in the last five years. The project on 3 ih
and Central was the purchase of the Beecroft building and two non- conforming single
family homes. Staff has met with the Puerta Del Sol owner that is now interested in
developing this property. The wig shop is going out of business. Schumacher stated that
we are looking to demo that building and eventually the Puerta Del Sol building. If we
can secure dollars for demo it will keep redevelopment costs down. We are also
requesting $25,000 to supplement our Comprehensive Plan process this coming year. The
application would be for $55,000 demolition on 3ih and Central and $25,000 for the
Comprehensive Plan. Murzyn asked what the Comprehensive Plan process would cost.
Fehst stated there is $50,000 in the budget for contractor costs. Streetar stated there is a
public process cost and engineering issue costs.
Nawrocki stated that Council approved $50,000 in the budget for the Comprehensive
Plan, so this would double fund it. Streetar stated that the city amount could be reduced if
this was received or as in 1991 and 2001 we could do a citizen survey to look at goals
and issues. Nawrocki requested information on those surveys. Murzyn stated that the
funds can be used for any qualifying project. Nawrocki questioned when the Puerta Del
Sol building was set as a project. Streetar stated that Council included it in the 2002 goals
they set. Nawrocki questioned why we would demolish the building if the owner is
developing it. Streetar indicated that CDBG funds to help with demolition would be
better than dealing with a request for TIF. Nawrocki asked what other projects were
considered for funding and if this was the highest priority in the community. Streetar
listed completed projects, current projects and projects not under consideration at this
time and stated that this was taken from the Council's priority list. Nawrocki suggested
the CDBG funds be used for housing rehabilitation. Fehst indicated this has been done
before. Nawrocki indicated that the resolution allows Fehst to administer the funds and
questioned if this authorizes him to buy property. Streetar stated that the resolution allows
the City Manager to implement demolition. Nawrocki stated that we should rent out the
building until we have a specific plan for the property. He felt that this project is only a
staff priority.
Murzyn stated the projects these funds could be used for are too numerous to mention.
Diehm indicated that the County distributes the funds and we have the right, if priorities
change, to take that to the county.
Motion by Diehm, second by Williams, to adopt Resolution 2006-14, a Resolution
authorizing application for the 2007 Community Development Block Grant program for
demolition of the Beecroft and Puerta Del Sol buildings at 3710 and 3800 Central
Avenue NE and funding for the City Comprehensive Plan. Upon vote: All ayes. Motion
carried.
Miscellaneous
Schumacher stated that Anoka County funds received for the demolition of the Apache
Theater need to be spent by February, and bids for demolition will be received a week
from tomorrow. He requested that a special EDA meeting be held on January 8, 15
minutes prior to the City Council meeting to award the low qualified bid. Murzyn
indicated that would not be a problem. Nawrocki stated this is a special meeting and that
item is not on the agenda and cannot be acted upon. Streetar stated this was just
informational and that a special meeting will be requested. Murzyn asked that the notice
be sent out. Nawrocki requested a copy of the Met Council project approval.
Adopt Resolution 2006-13, Special Legislation
Streetar indicated that at the last EDA meeting a memo was distributed describing
housing conditions in our city, going back through surveys, and history of our fire and
utility departments. It indicates there is a significant part of our housing stock that is in
fair or poor condition, with most existing between Central and 45th. There has been
declining resources to do housing rehabilitation. Streetar suggested bringing resources in
to provide housing grants and low interest loans, to buy blighted property, and help with
contamination costs on the Mady's project, that the City establish or extend the A3/C7
TIF district for up to 25 years. That would generate up to $16,000,000 over twenty-five
years. This type of thing was used in the 1990's to build Parkview Villa South. He read
from the March 14, 1990 City Council minutes regarding the need for redevelopment
funds for senior housing. There is a different need today with 5,700 homes that need
improvement. Streetar stated that the impact to the average taxpayer with a $168,000
home would be $29.33. He referred to comments in the 1990's regarding funding loss to
the county and school district and stated that these funds were raised by the City and the
EDA. Murzyn stated the major issue raised every year is the condition of our housing
stock. What we have done for housing improvements has been overall very insignificant.
Motion by Peterson, second by Williams, to adopt Resolution 2006-13, a Resolution of
the Columbia Heights Economic Development Authority (ED A) authorizing staff to
pursue special legislation that would establish a substantial and long term funding source
by extending the term of the A3/C7 Downtown Tax Increment District for an additional
twenty-five years, and use the funds to provide Home Rehabilitation Grants and Loans, to
acquire and demolish blighted or vacant residential properties, and remediate
contamination.
Nawrocki described the history of Park view Villa and concerns that it would be Section 8
housing. Nawrocki stated his concern that this has received no public discussion, or been
in the newspaper or on cable. He questioned where areas A 7 and C3 and stated this
would be for another 25 years, and this is tax dollars that people could have expected to
gain. He indicated that School District #13 and Anoka County would not be happy about
this, as they could have expected to draw on the funds for their projects. Fehst stated this
is to begin the process and discussion. This is to seek authorization to establish resources
to reach our goal to improve housing. Steve Bubul, Kennedy and Graven stated there
would be discussion at the Legislature and then the City would begin the normal process
of EDA meetings, public notice, and notice to the County and School District.
Streetar indicated that we are doing less for residents than we did for seniors in the
1990's. He stated again that the amount not gained by residents would be $29.33.
Murzyn stated that the impact is minor compared to the need. The time for input from the
public is when you have information available.
Kelzenberg stated that we have done nothing for our housing stock and we need to do
something. Houses are going down in value. Residents elected us to make decisions and
this is a good idea.
Peterson called for the motion.
Nawrocki asked to be shown where the area is. Streetar pointed out the area included on a
map.
Upon vote: Williams, aye; Nawrocki, nay; Kelzenberg, aye; Peterson, aye; Diehm, aye;
Jindra, aye; Murzyn, aye. 6 ayes - I nay. Motion carried.
ADJOURNMENT
Motion by Peterson, second by Kelzenberg, to adjourn the meeting at 7:09 p.m. Upon
vote: All ayes. Motion carried.
Muscovitz, CMC
Deputy City ClerkJCouncil Secretary
ECONOMIC DEVELOPMENT AUTHORITY (EDA)
SPECIAL MEETING MINUTES
MONDAY, JANUARY 8, 2007
CALL TO ORDER/ROLL CALL
Vice President, Jindra called the meeting to order at 6:32 p.m.
Present:
Absent:
Patricia Jindra, Bruce Nawrocki, Gary L. Peterson and Bruce Kelzenberg
Tammera Diehm, Bobby Williams and Don Murzyn Jr.
PLEDGE OF ALLEGIANCE
DISCUSSION ITEM
Adopt Resolution 2007-01, Accepting the bid for Building Demolition and
Abatement of the Apache Six Theatre
Schumacher stated the EDA entered into a Development Agreement with Pratt Ordway
Properties for the development of senior housing, a Montessori school, and
development of a little over 1 acre for a proposed liquor store. As part of the
redevelopment agreement the EDA agreed to assist in the demolition of the Apache Six
Theatre up to $115, ODD, which would be paid for with a Community Development Block
Grant received through Anoka County. We had Pro Source Technologies do a pre-
demo analysis, bid the demolition and the abatement. The bids range from a high of
$198,563 and a low of $123,970 from Landwehr Construction. The developer is
responsible in the development agreement to pay for anything over the amount of
$115,000. Therefore, staff is recommending the bid be awarded to Landwehr
Construction for the demolition and abatement of the Apache Six Movie Theatre.
Nawrocki asked what the requirement for the distance between a school and a liquor
store. Streetar stated our ordinance requires a minimum of 300 feet between a bar (on-
sale) from a school, but doesn't apply to off sale, which he also verified with the City
Attorney to make sure.
Motion by Peterson, second by Kelzenberg, to Adopt Resolution 2007-01, a resolution
accepting the low bid from Landwehr Construction for the building demolition and
abatement of the Apache Six Theatre, located at 2101 3ih Avenue NE, Columbia
Heights, MN in the amount of $123,970. All ayes. Motion Carried,
Streetar stated Toni Pistilli, our Metropolitan Council representative will be/resenting
the City of the check for the parking deck and clean up at the January 22n meeting, not
tonight as previously planned.
ADJOURNMENT
Motion by Nawrocki, second by Peterson, to adjourn the meeting at 6:37 p,m. All ayes.
Motion Carried.
Respectfully submitted,
~~
Chery(Bakken .
Community Development Secretary
H:\EDAminutes2007\1-8-2007 Special Mtg
THE MINUTES OF THE
TELECOMMUNICATIONS COMMISSION
FROM
THURSDAY, JANUARY 18,2007
2
The meeting was called to order at 7:00 p.m. by Dennis Stroik, Chairperson.
ROLL CALL: Members Present:
Dennis Stroik, Brad Peterson, and Ken Henke.
Members Excused:
Bob Buboltz
Council Representative:
Bruce Nawrocki
City Representative:
Linda Magee
Legal Counsel:
Steve Guzzetta
APPROVAL OF MINUTES
The minutes could not be approved since there wasn't a quorum.
OLD BUSINESS
A. Channel Check
Members noted that FSN #27 was not broadcasting any programs and that channels 29,30, and 61 were
still unused. Members felt that some type of programming should be shown on these blank channels.
B. Correspondence Log and Follow Up on Complaints
Staff had not received any new complaints.
C. Status of Franchise Renewal
A draft agreement was submitted to the City in October. Even though the current franchise expired
November 9,2006, things will continue 'as is' since informal discussions to renew the franchise are
taking place.
Walt, Linda, and Bruce Nawrocki met with Legal Counsel Guzzetta to go over the proposed agreement
submitted by Comcast. Guzzetta explained that they discussed the four options to be considered.
I. To accept the proposal.
2. To reject the proposal.
3. To negotiate without much prep work being done.
4. To negotiate with a lot of prep work.
Guzzetta reported that the decision was made not to accept the proposal as is, and that a letter will be
sent to Comcast indicating this, He told members that the franchise can be renewed for a period of 5-15
years. Comcast proposed only a five year agreement as laws may change that could benefit them.
Members will be updated on the progress of negotiations at a later date.
C. Other Old Business
No other old business.
TELECOMMUNICA nON COMMISSION MINUTES
JANUARY 18,2007
PAGE 2
NEW BUSINESS
A. Announcement of Programming Enhancements
A letter was received detailing enhancements of channels and programming. One of the changes was
renaming the Digital Sports Tier to the Sports Entertainment Package and adding channels to its line
up. Other changes were listed in the announcement. Members commented that it appears that more
channels are being added to the higher cost tiers and taken out of the basic service tier to make it less
desirable.
B. Notice of 2007 Rate Adjustments
A letter was received December 20, 2006 notifYing the City of price changes for services provided by
Com cast. An updated chmmelline-up and rates for the programming, services and equipment were
included. These changes are taking effect February 2007. A question was raised regarding the
actual amount of franchise fees the city collects since figures on the notifications were different than
the 5% figure they assumed was the amount. Guzzetta explained how franchise fees are calculated
on gross revenues, and what portion of this is the City's.
Nawrocki asked if the FCC is looking at the issue of bundling services vs. going to a more ala carte
service. He also asked if the phone companies are lobbying for this type of service. Guzzetta said
that the FCC has looked at this issue, but that Cable companies are fighting any orders regarding this
matter. He said phone companies main issue is to eliminate local government control over use of
Right of Ways. They do not want to incur any expenses for use ofthe'ROW and do not want to have
to pay franchise fees as the cable companies now do.
Guzzetta stated that Texas has gone to statewide franchising and since that has happened they are not
moving ahead building systems very quickly as the phone companies do not have enough money and
staff to do the buildouts and upgrades that are required. That is why they are fighting for use of
ROW's and to do away with the requirements the cable companies have had to operate under in the
past. Guzzetta reminded members that phone companies have just recently gotten into this business.
They originally planned to make their money off the long distance market that went down the tubes
with the growth in cell phone usage. Therefore, they didn't upgrade their systems to provide cable
and high speed internet services like the Cable companies did. He doesn't think the phone
companies are in a position to build out systems here, so they probably won't create much
competition to Comcast. Plus, they won't be competing for price, just service or quality of service.
They won't be charging less than what is being charged now by Comcast or other cable companies.
Nawrocki asked if services were unbundled, and subscribers could order ala carte, what would
control the pricing on each channel. Guzzetta said nothing would control it unless the FCC stepped
in and passed orders regulating the fees.
C. Notice of Public Hearing to be held in February re: Cable Rates
Linda explained that a Public Hearing must be held to allow the public to voice concerns regarding
the rates charged for basic cable services, equipment and installation. The City can only regulate the
fees charged for these basic services. Under federal law, the rates for all programming not included
in the basic service tiers are unregulated. She reviewed the rates charged in January 2006, June
2006, and the new rates effective February 1,2007. It was noted that Comcast is not charging the
maximum rate allowed according to the fonns submitted. A copy of the Council Letter establishing
the Public Hearing for Monday, February 12,2007 was included in the agenda packets.
TELECOMMUNICA nONS COMMISSION MEETING
JANAURY 18,2007
PAGE 3
D. Review of Resolution (Rate Order for Basic Programming Rates and Equipment & Installation
Rates)
A copy of the Resolutions approving orders for maximum rates on Forms 1240 (Basic Programming
Rates) and 1205 (Equipment and Installation Rates) that will be considered by the City Council on
February lih were included in the packets with the following summarized stipulations:
I. The Resolutions state that the City neither approves or denies the rates, but may function as a
rate ceiling during the relevant rate period.
2. That Comcast may not charge any higher rates than those set in the 2006 FCC Fonns.
3. Comcast may charge less than the lawful maximum permitted rates.
4. The City reserves its right to take action if the figures are found to be inaccurate.
5. The City reserves all of its rights, including but not limited to:
a. To request and review data concerning the 2007 FCC forms in order to determine the
impact, if any, the documents have on rates proposed in future rates
b. The right to address issues raised in the 2006 forms that are relevant to any city review of
subsequent rate filings.
c. The right to request additional information concerning the 2006 forms that is relevant to
any city review of subsequent rate filings.
6. The Order constitutes a written decision for purposes of 47 C.F.R.
7. The Order shall be effective immediately upon approval by the City.
8. The order shall be released to the public and to Com cast, and a public notice shall be published
stating this Order has been issued and is available to review pursuant to 47 C.F.R.
Since there wasn't a quorum of members to make a formal recommendation, she asked what the consensus
of members present was for an informal recommendation. It was the consensus of all members present to
recommend the City Council hold the Public Hearing and that the Resolutions be adopted as presented.
A. Report of IS Dept Re: Streaming Video
Per the request of the Cable Commission, the City's IS Technician gathered information and prices
to provide streaming video of council meetings on the Internet. He obtained proposals from three
companies (Granicus, Implex, and Alpha Video). Since our whole cable system is in need of
upgrading, he believes it is best to have a consultant make a recommendation on what should be
done with cameras, recording devices, audio-video equipment and computers/software to provide the
best service to our citizens at the most reasonable price, prior to streaming council meetings on the
web so that the entire system works together. He reported that the major expense for streaming
video is off-site hosting of the video files.
Staff has budgeted some monies to upgrade our system. The materials provided in the packets were
for informational purposes and were in response to Reuben's inquiry on this matter. It was
suggested that staff speak with Minneapolis and St. Paul to get information on the feedback they
have received from the public regarding this service.
The members wished to thank the IS Dept staff for the fine work in gathering the information and
preparing the report. Since this is such a huge expense, we will need to re-visit this at a later time
once decisions are made on how to upgrade the system so the right equipment can be purchased that
will provide the services we wish to have.
TELECOMMUNICATIONS COMMISSION MINUTES
MEETING OF JANUARY 18,2007
PAGE 4
B. Possible Suspension of Carriage ofWUCW-HD
Comcast's agreement with Sinclair's TV station WUCW-HD expires shortly. Although Comcast is
in negotiations with Sinclair, it may be necessary to suspend carriage of the station if an agreement
cannot be reached. This could happen as early as February 5th if Sinclair elects to pull the station
from the Comcast lineup. WUCW on the basic service tier is channel 8, which is not affected by this
agreement.
C. Other New Business
Nawrocki shared a letter he had received from Brian Olson, a former resident, who had problems
downloading information off the City's web site. His complaint was that it took too long to do it.
Linda passed the letter on to the IS Dept. and they responded to his complaint. Mr. Olson offered
some suggestions that would improve the city's services. Most of the things he suggested are already
being discussed and budgeted for as the City knows the system needs upgrading.
Linda informed the members that the Volunteer Recognition Dinner is to be held March 29th at
Murzyn Hall. Invitations were given to those in attendance. The others will be mailed out.
She then told members that the City Council will be appointing Robert Peltier to fill the vacancy of
Dave Mahoney. Mr. Peltier used to work for the cable company as a Field Service Supervisor.
REPORTS
A.
Report of Commissioners
Education- Nothing to report
Library- Nothing to report
Public-Nothing to report
Government-Nothing to report
B.
Report of Comcast-
The reports were included in the agenda packets for the commissioners to review.
C. Report of Cable Attorney
1. Guzzetta reported that on December 20, 2006 the FCC adopted an Order on Franchising Rules
that apply to new companies that allows for forced access in the Right of Ways. Any PEG fees
or fees for INET will be taken out of franchise fees. There will no longer be buildout
requirements and new companies can pick areas they want to serve. Existing Cable Companies
may fight this by demanding they be allowed to operate under the same rules. Current
companies could be granted the same rules at the time franchises are renewed. He explained
that they haven't actually released the order yet, but it should be shortly. Once they do, he felt
certain that lawsuits will be filed as the FCC overstepped their bounds in issuing this order.
2. Guzzetta stated that cities need to be cognizant of Qwest proposing legislation at the State
level. Qwest feels the FCC Order doesn't go far enough and is proposing legislation in several
states now. So cities may need to contact their legislators if they try to do this in Minnesota.
TELECOMMUNICA nONS COMMISSION MINUTES
MEETING OF JANUARY 18,2007
PAGE 5
D. Report of the Assistant to the City Manager
Adam Davis currently cablecasts our City Council and Planning & Zoning meetings. Since Jean
Kuelm retired, we no longer have a back up for this position. Linda asked if anyone from the
commission or someone they knew would be interested in serving in this position, and if so, to
contact her. She said that the position is paid $10.69/hr.
The meeting was adjourned at 8:20 pm. All ayes.
Respectfully submitted,
Shelley Hanson
Secretary
CITY COUNCIL LETTER
AGENDA SECTION:
NO:
ITEM: PROPOSAL FOR ARCHITECTURAL
SERVICES FOR DESIGN AND CONSTRUCTION
MANAGEMENT OF LIQUOR STORES
NO:
MEETING OF: FEBRUARY 12, 2007
ORIGINATING DEPT: CITY MANAGER
FINANCE APPROVAL
BY: WILLIAM ELRITE
DATE: FEBRUARY 1,2007
Proposals for architectural and construction management services were received and opened on
January 30, 2007. Three companies submitted proposals. On February 2 a staff committee
comprised of Walt Fehst, City Manager, William Elrite, Finance Director, Larry Scott, Liquor
Operations Manager, and Kathy Young, Assistant City Engineer met with representatives from
the three architectural firms that submitted proposals. The purpose of the meetings was for staff
to gain a better understanding of the services the architectural firms could provide and to make a
determination as to which firm can deliver the best and most cost-effective service to the City.
One of the factors involved in this determination were the proposed fees to be charged by each
firm. Although this is a significant factor, it is not the most important. The most important
factor is the services that will be received and which firm can deliver the best, most cost-
effective end product. As two of the proposing companies have fees that are partially based on
construction costs, we used an estimated construction cost of 3.5 million to calculate the total
cost of their proposals. Based on this, the following is a summary of the costs for architectural
contract management services. It should be noted that Oertel Architects is the only company
whose service was a 100% flat fee and no portion of it was based on construction costs.
Proposed Fees
Architectural Firm
Flat Fee Amount
Fee Based on Construction Costs
Total
Oertel Architects
Bonestroo
Welsh Companies
$190,000
$190,000
$ 97,650
o
$ 43,750
$143,450
$190,000
$233,750
$241,100
Interviews of the three firms went very well and it was the consensus of staff that all three firms
are well qualified to perform the services the City is requesting. During the interviews we did
discuss the City Council concem that we ensure we are getting the maximum utilization out of
the property on 50th and Central and that the first step of the architectural project will be to
ensure maximum utilization of the property.
RECOMMENDED MOTION: Move to authorize the mayor and city manager to enter into an
agreement with Oertel Architects for architectural and construction management services based
on their proposal at a cost of $190,000.
WE:sms
070201 I COUNCIL
I COUNCIL ACTION:
COLUMBIA HEIGHTS - CITY COUNCIL LETTER
Meeting of: February 12,2007
AGENDA SECTION: Consent
NO: Y
ORIGINATING DEPARTMENT:
Administration
CITY MANAGER'S
APPROVAL
ITEM: Establish 2007 Work
Session dates
BY: Walt Fehst
DATE: February 5, 2007
NO:
Background:
Council members discussed establishing City Council Work Session dates for 2007 at the
January 29,2007 Work Session.
Suggestions included:
. A full Work Session on the first Monday ofthe month beginning at 7:00 p.m.
. A shortened Work Session on the third Monday of the month from 5:30 to 7:00 p.m.
. In the months with five Mondays - there be a Work Session on the fifth Monday with no
Work Session scheduled for the first Monday of the following month.
. Because of Labor Day being the first Monday in September, it is recommended that
Work Session be moved to Wednesday, September 5th at 5:30 p.m.
Recommended Motion: Move to accept the 2007 Work Session calendar as proposed.
COUNCIL ACTION:
Sun
Mon Tue Wed Thu
1 234
Fri
Sat
6
5
Sun
Wed
Mon
Thu
Fri
Tue
Sat
1
2
3
7 8 9 10 11 12 13 4 5 6 7 8 9 10
Lib.
Board
P&Z
14 15 16 17 18 19 20 11 12 13 14 15 16 17
Telecom
21 22 23 24 25 26 27 18 19 20 21 22 23 24
President
Day
Holiday
Park &
28 29 30 31 27 28
EDA
Sun Mon Tue Wed Thu Fri Sat Tue Wed Thu Fri Sat
1 2 3 3 4 5 6 7
Lib.
Board
P&Z
4 5 6 7 8 9 10 10 11 12 13 14
Lib.
Board
Traffic P&Z
11 12 13 14 15 16 17 17 18 19 20 21
CC mtg Telecom Telecom
cancel
Charter
20 21 22 23 24 24 25 26 27 28
EDA Park &
HRA Rec.
27 28 29 30 31
EDA Park &
Rec.
22 23 24 25 26 19 20 21 22 23
Park & Telecom
Rec.
27 30 31 26 27 28 29 30
EDA Park &
Rec.
Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat
3 4 5 6 7 1 2 3 4
Lib. July 4
Board Holiday
P&Z
10 11 12 13 14 5 6 7 8 9 10 11
Traffic National Lib.
Night Out Board
P&Z
17 18 19 20 21 14 15 16 17 18
Telecom Telecom
Charter
24 25 26 27 28 21 22 23 24 25
EDA Park & Park &
HRA Rec. Rec.
31 28 29 30 31
EDA
Sun Man Tue Wed Thu Fri Sat Sun Man Tue Wed Thu Fri Sat
1 1 2 3 4 5 6
Lib,
Board
p&z
2 3 4 5 6 7 8 9 10 11 12 13
Labor Traffic
Day Lib.
HOliday Board
P&Z
11 12 13 14 15 16 17 18 19 20
Telecom
Charter
18 19 20 21 22 23 24 25 26 27
Telecom EDA Park &
HRA Rec.
25 26 27 28 29 30 31
EDA Park &
Rec.
4 5 6 7 8 9 10 3 4 5 6 7 8
Traffic Lib Board Lib Board
P&Z P&Z
11 14 15 16 17 11 12 13 14 15
Telecom
20 21 22 23 24 18 19 20 21 22
Thanks- Thanks- Telecom
giving giving
Holiday HOliday
27 28 29 30 23 24 25 26 27 28 29
EDA Park & HOliday Christ - EDA
Rec. CC mtg mas
cancel Holiday Park &
30 31 Rec. Com
Sun
Man
Tue
Wed
Thu
1
Fri
Sat
3
2
Sun
Man
Tue
Wed
Thu
Fri
Sat
1
COLUMBIA HEIGHTS - CITY COUNCIL LETTER
Meeting of: February 12, 2007
AGENDA SECTION:
NO:
ORIGINATING DEPARTMENT:
Administration
CITY MANAGER'S
APPROV AL
ITEM: Establish Date for
Annual Board of Review
NO:
BY: Walt Fehst
DATE: February 7,2007
Anoka County has requested that we select the date for the required annual Board of Review.
The date tentatively agreed upon is Monday, April 9, 2007 at 6:00 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 9, 2007,
at 6:00 p.m. in the City Council Chambers.
COUNCIL ACTION:
COLUMBIA HEIGHTS - CITY COUNCIL LETTER
Meeting of: February 12,2007
AGENDA SECTION: Consent
NO: -1
ORIGINATING DEPARTMENT:
CITY MANAGER
CITY MANAGERS
APPROVAL
ITEM: Adopt Res. 2007-20 - cancel
Council meeting - March 12, 2007
NO:
BY: Walt Fehst
DATE: February 5, 2006
Background:
Monday, March 12,2007 is a regularly scheduled City Council meeting.
On Monday, March 12,2007, Mayor Peterson, Councilmember Nawrocki, and Councilmember
Kelzenberg will be in Washington D.C. at the National League of Cities Conference.
There will not be a quorum available to hold the March 12, 2007 meeting.
Recommendation:
. Cancel the Monday, March 12,2007 regularly scheduled City Council meeting.
Recommended Motion:
MOTION: Move to waive the reading of Resolution No. 2007-20, there being ample copies available
to the public.
MOTION: Move to adopt Resolution 2007-20, being a Resolution canceling the Monday, March 12,
2007 City of Columbia Heights regular City Council meeting.
COUNCIL ACTION:
RESOLUTION NO. 2007-20
BEING A RESOLUTION CANCELING THE
CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETING OF
MONDAY, MARCH 12,2007
WHEREAS: The City of Columbia Heights City Council will not have a quorum
available for the regularly scheduled Monday, March 12,2007 City Council meeting and;
WHEREAS: The City Council has agreed to cancel the regular City Council meeting
scheduled for Monday, March 12,2007;
NOW, THEREFORE, BE IT RESOLVED, that all interested parties be advised of this
change.
Passed this _ day ofPebruary 2007
Offered by:
Second by:
Roll call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
COLUMBIA HEIGHTS - CITY COUNCIL LETTER
Meeting of: February 12,2007
AGENDA SECTION:
NO:
ORIGINATING DEPARTMENT:
Administration
CITY MANAGER'S
APPROVAL
ITEM: Appointment to Economic
Development Authority
BY: Walt Fehst
DATE: February 12,2007
NO:
Background:
On February 7, 2007 the City Council interviewed candidate Marlaine Szurek, in consideration
for appointment to the Economic Development Authority (EDA).
Recommended Motion: Move to appoint Marlaine Szurek to the Economic Development
Authority for the term to expire January 8, 2009.
COUNCIL ACTION:
CITY COUNCIL LETTER
AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER
NO. f: A- POLICE APPROVAL:
ITEM: Approve Raffle, Little Voyageurs' Montessori BY: Thomas M. JOhnS~ BY:
School, St Timothy's Lutheran Church DATE: February 6, 2097~ DATE:
NO, '-
Meeting of February 12, 2007
BACKGROUND:
The Little Voyageurs' Montessori School, located in St. Timothy's Lutheran Church, 825 51 st Avenue
N.E., Columbia Heights, Minnesota, has submitted a request to conduct a raffle on April 27 ,2007 in St.
Timothy's Lutheran Church, 825-51 st Avenue N.E., Columbia Heights, Minnesota.
ANALYSIS/CONCLUSION:
Since the organization satisfies the City Council resolutions regarding one-time charitable gambling and
has paid the $25 permit fee, the City Manager recommends the following action.
RECOMMENDED MOTION: Move to direct the City Manager to forward a letter to the State
Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a
raffle event to be conducted by Little Voyageurs' Montessori School at St. Timothy's Lutheran Church,
825 51st Avenue, Columbia Heights, on April 27, 2007; and furthennore, that the City of Columbia
Heights hereby waives the remainder of the thirty-day notice to the local governing body.
mId
Attachments
07-25
COUNCIL ACTION:
Minnesota Lawful Gambling
LG220 Application for Exempt Permit
Fee $50
for each event
An exempt permit may be issued to a nonprofit organization
conducting lawful gambling activity on five or fewer days, and
awarding less than $50,000 in prizes durings a calendar year.
Page 1 of 2 1/07
For Board Use Only
Fee Paid
Check No,
ORGANIZATION INFORMATION
e rs
nization. Check ( ) one.
D Religious
D Veteran (ji( Other nonprofit organization
Mailing address A ' r City , .
825 5/sf. ve. AI c. ('OILLi17 viCL4!eL his
Name of chief executive officer (CEO)
First name /11 h"
If e CLO
County
Ifnoka
Last name {' 00
er
Daytime phone number
'7(03 - '788 -0889
PROOF OF NONPROFIT STATUS
Type of proof of nonprofit status. Check (-.I) one, Attach a copy (see below)
D Nonprofit Articles of Incorporation or Certificate of Good Standing - Minnesota Secretary of State's Office
D Intemal Revenue Service
D Affiliate of parent nonprofit organization (charter)
U2r Proof previously submitted and on file with the Gambling Control Board
Sales tax exempt status or federallD employer numbers are not proof of income tax exempt status,
Minnesota Secretary of State IRS Income Tax Exemption
Certificate of Good Standino or Under a national organization - If your organization falls under a national I
Nonorofit Articles of Incorooration organization, attach both of the following:
Attach a copy of your organization's 1. a copy of the IRS letter showing that your national organization has been
Certificate of Good Standing (317A) a registered nonprofit 501(c) organization and carries a group ruling, and
showing incorporation as a 2, a copy of the charter, or letter from your national organization, recognizing
nonprofit organization. your organization as a subordinate,
This certificate can be obtained
from:
Minnesota Secretary of State
Business Services Division
180 State Office Building
St Paul, MN 55155
Phone: 651-296-2803
Not under a national organization - If your organization does not fall under a
national organization, attach a copy of the IRS income tax exemption
[501 (c)l letter in your organization's name. To obtain a copy of your federal
income tax exempt letter, send your federal ID number and the date your
organization initially applied for tax exempt status to:
IRS
P,O. Box 2508
Room 4010
Cincinnati, OH 45201
GAMBLING PREMISES INFORMATION
?
Check the box or boxes that indicate the type of gambling activity your organization will be conducting:
D *Bingo [k}-'Raffles D *Paddlewheels D *Pull-Tabs D *Tipboards
*Gambling equipment for pull-tabs, tipboards, paddlewheels, and bingo (bingo paper,
hard cards, and bingo number selection device) must be obtained from a distributor
licensed by the Gambling Control Board. To find a licensed distributor, go to
www.gcb.state.mn.us and dick on list of licensed Distributors. Or call 651-639-4000.
LG220 Application for Exempt Permit
LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT
Page 2 of2
1/07
If the gambling premises is within city limits,
the city must sign this application.
Check (-.J) the action that the city is taking on
this application.
_The application is approved with no waiting period,
_The application is approved with a 30 day waiting
period, and allows the Board to issue a permit after 30
days (60 days for a 1st class city).
_The application is denied,
Print name of city (]olo -M/l)), '0. -' /-Ie- i q j, rs
On behalf of the city, 1 acknowledge this appHcauon.
ture of city pers n I receiving application
CHIEF EXECUTIVE OFFICER'S SIGNATURE
If the gambling premises is located in a township, both
the county and township must sign this application.
Check (-.J) the action that the county is taking on
this application.
_The application is approved with no waiting period,
_The application is approved with a 30 day waiting period,
and allows the Board to issue a permit after 30 days.
_The application is denied,
Print name of county
On behalf of the county, I acknowledge this application.
Signature of county personnel receiving application
Title
Date
TOWNSHIP: On behalf of the township, I acknowledge that the
organization is applying for exempted gambling activity within the
township limits, [A township has no staMory authority to approve
or deny an application (Minnesota StaMe 349.213, subd, 2),]
Print name of township
Signature of township official acknowledging application
Title
Date
The information provided in this application is complete and accurate to the best of my knowledge, I acknowledge that
the financial report will be completed and returned to the Board within 30 days of the date of our gambling activity,
Chief executive officer's signature
Name (please print)
Complete an application for each gambing activity:
. one day of gambling activity
. two or more consecutive days of gambling activity
. each day a raffle drawing is held
Send with the completed application:
a copy of your proof of nonprofit status, and
$50 application fee. Make check payable to
"State of Minnesota".
To: Gambling Control Board
1711 West County Road B, Suite 300 South
Roseville, MN 55113
Date
I
Financial report and recordkeeping required
A financial report form and instructions will be sent with your
permit. Within 30 days of your date of activity the financial
report form must be completed and retumed to the Gambling
Control Board,
Questions?
Call the Licensing Section of the Gambling Control Board
at 651-639-4076.
If you use a 1TY, call the Board by using the Minnesota Relay
Service and ask to place a call to 651-639-4000. Or, check
our web site at www.gcb.state.mn.us.
Data privacy. This form will be made available in Your name and and your organization's name
alternative format Q,e. large print, Braille) upon and address will be public information when
request The information requested on this form received by the Board. AD the other information
(and any attachments) will be used by the that you provide will be private data about you
Gambing Control Board (Board) to determine your until the Board issues your permit, VVhen the
qualifications to be involved in lawful gambfing Board issues your permit. an of the information
activities in Minnesota. You have the right to refuse that you have provided to the Board in the process
10 supply the information requested; however, if of applying for your permit will become pubfic. If
you refuse to supply !his information, the Board the Board does not issue you a permit, an the
may not be able to delelmine your qualilications information you have provided in the process of
and, as a coosequence, may refuse to issue you applying for a permit remains private, with the
a permit. Ifyoo supply the information requested, exception of your name and your organization's
the Board will be able to process your application. name and address which will remain public. Private
data about ou are available to the foil
Board members, staff of the Board 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,
FInance, and Revenue; the Minnesota legislative
Auditor, national and international gambling
regulatory agencies; anyone pursuant to court
order; other individuals and agencies that are
spedficaRy aulhorized by state or federal law 10
have access to the information; ind'lviduals and
agencies for which law or legal order authorizes
a new use or sharing of information after this
Notice was iven; and a one with our consent.
LITTLE VOYAGEURS'
MONTESSORI SCHOOL, INC.
KAREN jO SMITH
825 51ST. AVE. NE 763-788-0889
COLUMBIA HEIGHTS, MN 55421
17-2-910
3963
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FIVE STAR SERVICE GUARANTEED
USBANK.COM ~
l~o~910000 2 2': Ilb~O IBO~~~~:L___---'"
Dollars GJ
CITY COUNCIL LETTER
Meeting of February 12, 2007
AGENDA SECTION: Consent
NO.
ITEM: Authorization to purchase two replacement
NO. police vehicles
ORIGINATING DEPARTMENT
POLICE
BY: Thomas M. Johnso
DATE January 25,200
BACKGROUND
The State of Minnesota has awarded the contract for the delivery of police vehicles for 2007. This
award is to Elk River Ford, Inc. of Elk River, Minnesota. The base vehicle price listed in the award for
the full size sedan is $20,087. As in past years, the deducts for the full size sedan include, but are not
necessarily limited to, engine block heater and rubber floor mats instead of carpet. Add-ons include left
side spotlight, courtesy lamps disabled, power front left seat, white roof and doors, remainder of car
black, driver/front passenger door lock control, rear handles inoperative, lamp pre-wire group, and
driver/front passenger window control. After the deducts and add-ons, the price of the car comes to
$20,730.
2 Each 2007 Ford Crown Victoria: 4-door, base price with add-ons and deducts: $41,460
Plus sales tax 6.5% Exempt
$41,460
ANALYSIS/CONCLUSION
It is our recommendation to the Council that our new marked police vehicles be purchase from the State
of Minnesota bid, which has been awarded to Elk River Ford of Elk River, Minnesota.
RECOMMENDED MOTION: Move to authorize the purchase of two 2007 Ford Crown Victoria
police vehicles per the State of Minnesota bid, with funding to come from 431-42100-5150 in the
amount of $41.460, and that the Mayor and City Manager are authorized to enter into a contract for
same.
TMJ:mld
07 -19
COUNCIL ACTION:
+7632743338
~~~.R..
---.,.-..
ELK RIVER FORD DODGE JEEP
FLEET & GOVERNMENT SALES ELK RIVER, MN 55330
LONNY LONNQUIST RAY MCARTHUR WADE TURNER
'763-274-33~/l_ .d /? 763-2~;3308 ~. ... _ 763-274-3319
F~:O: ~-~~r~-Q~ D~-:::
MINNESOTA CONTRACT NUMBER: 435254 GROUP I FAX:
JAN-Z5-Z007 10:04AM
FROM-ELK RIVER FORD SALES
17219 HWY 10 NW
2007 FORD CROWN VICTORIA POLICE VEHICLE
INCLUDES
POL.ICE INTERCEPTOR PKG (720Al 5" ROUND HEAOER UGHT
4.6 v.a ENGINE 3.27 LIMITED SLIP AXL.E (ASC)
AOD TRANSMISSION HEATED MIRRORS (e1K)
POWER l.OCKS AND WINDOWS RADIO NOISE SUPPRESSION (53M)
ClOTH BUCKET S~T FRONT SPEED CONTROL rS251
CLOTH REAR BENCH SEAT ENGINE BL.OCK HEATER (41H)
TILT STEERING CARPET W/FLOOR MATS (1281
AIR CONDITIONING PWR DECK LID REL ON DOOR (61 i"ll
MAP LIGHT RR DOOR HANDLES lOOP (67R\
FU!~AR WINDOW DEFROST POL.ICE PWR PIGTAil 11791
ASS BRAKES LEFT SPOT !..AMP ISlA.)
AWFM S1'EAEO RADIO . FR DOOR MOLDING IN TRUNK f96BI
PRICE (Does NOT INCLuoe TAX AND LIC!:NS!:)
LESS CREDIT STANDARD PAINT
TOTAL PRICE .
TOTAL OF OPTIONS FROM PAGE 2
SUB TOTAL FOR EACH VEHICLE
EXT POWERTRAIN WARRANTY
3 VA OR 15.000 MILES $1550.00
EXT POWERTRAIN WARRANTY
3 YR OR 100,000 MILES $2060.00
--$50 DEDUCTIBL.E-WARRANTY EXPIRES VA OR MILES
WHICHEVER COMES ~IRS"'.
TOTAL FOR EACH VEHICLE
NUMBER OF UNITS
$20.547.00
-$460.00
$20,087.00
3.~~~ ~
)(:J-
I
GRAND TOTAL FOR ALL UNITS I'Lf I 1. I..f b 0 I
DOES NOY INC/.VOfi TAX .$ UCENS!
IMPORTANT-TO RECEIVE THIS GOV'T PRICING
YOU MUST HAVE A FLEET 10 #:
CALL US IF YOU DO NOT RECEIVE CONFIRMATION OF YOUR ORDER.
PAYMENT IS DUE UPON DELIVERY OF EACH VEHICLE.
ISSUE SEPARATE PO'S IF NECESSARY.
T-583 P.002/003 F-4D7
FAX # OF PAGES_
LONNYOELKA1VERFOAOOODGEJEEP.OOM
FAX
763-274-3338
/-~7
;7 b '":5 7 cJ6 "571?5'"
-:@~ -370/
EXTERIOR:
AQ ARIZONA BEIGE CC M.
KR NOASEA SLUE
P2 OAIF'TWOOD BEIGE
HG SMOKESTONE CC M,
JL :lARK TOREADOR RED CC M
JP SILVER BIRCH CC M.
LK DARK Bl.UE
LM ROY AL. BLUE
LN l.IGHT BL.UE MET.
LS UGHT ICE BL.UE
MM WL TRA BLUE
TM LIGHT GRA V
TN SILVER GRAY
UA BLACK
WT VIBRANT WHITE CC
YG MED TITANIUM
au BROWN
INTERIOR
DARK GRAY
LT STONE
TAN
SEATING
THANK YOU ANO PLEASE DO NOT HESITATE TO CALL WITH ANY QUESTIONS I
ELK RIVER FORD INC.
...
SPECIAL
INSTRUCTIONS
JAN-Z5-20D7 lD:D4AM FROM-ELK RIVER FORD SALES
+7632743338
T-583 POD3/003 F-407
ELK RIVER FORD INC. FLEET ORDER FORM PAGE 2 OPTIONS I
LINE DESCRIPTION CODE PRICE ORDER
1 DELETE SPEED CONTROL FOR CREDIT 525 -$189 .--i
2 DELETE: LIMITED SLIP AXLE FOR CREDIT 45C .$ 1 05
3 DELETE BLOCK HEATER FOR CREDIT 41H .$29 "'/F.... I
4 DELETE HEATED MIRRORS FOR CREDIT 1 I 61K -$29
5 DELETE BODY SIDE MLOG FRT NOT INST NO FRT MOLDG (GROUP 1 ONLY) 96B -$25
6 DELETE PWR DeCKLIO REL ON DOOR FOR CREDIT (SWITCH ON DASH ONLY) 61H -$50
7 DELETE REAR DOOA HANDLES INOP FOR CREDIT 67R -$21
8 DELETE CARPETING AND FLOOR MATS FOR CREDIT (HD VINYL FLOOR STANDARD) 128 .$105 '::::IC-
9 DELETE LEFT HAND SPOT LAMP FOR CREDIT (GROUP' ONLY) 51A .$ , 60
10 DELETE RADIO NOISE SUPPRESSION PKG FOR CREDIT I 53M -$80
11 DELETE POLICE PWR PIGTAIL FOR CREDIT 179 -$21
12 ADD SIDE AIR8AGS-DRIVER AND PASSENGER 59M $252
13 ADD AM/FM STEREO W/SINGLE CD I I I 58Z $155 "
14 ADD POWER DRIVERS SEAT 21A $319 ~
15 ADD SILICON HOSES W/AIFlCRAFT CLAMPS 177 $269
16 ADD HORN SIREN WIRING PREP PKG $34 -
175 '-
17 AOD KEYED ALIKE TO KEY CODE It (lMTD TO SPECIFIC CODES) $42 /'F--
1B ADD l.AMlNA TED SECURITY SIDE GLASS BBG 5248 .
19 ADD COURTESY LAMP DISABLE 476 $17 ~
20 DELETE 5" CENTER MOUNT DOME LAMP 54M N/C
21 ADD LEFI HAND SPOTLAMP (GAOuP 2 ONL VI 51A $160
22 ADD MATCHING RIGHT HAND SPOT LAMP (GROUP 1 ONLY) 51Y $126
23 ADD DUAL SPOT LAMPS (GROUP 2 ONLY) 51Y $266 I
24 AOD LATERAL BOW REINFORCEMENT 165 $67 I
25 AOD 3.55 LIMITED SLIP AXL.e (LIMIT TO '19 MPH) $138
26 ADO LOCKING GAS FILLER CAP 98G $8 -1
27 ADD INSTALL FRONT DOOR BODY SIDE MLDG (GROUP1 ONLY sm GROUP21 96A $25
26 ADD POWER ADJUSTABLE PEDALS S9C $W1
29 ADD RADIO 2.WAY PREWIRE 946 $38
30 ADD ROOF WIRING. HOLE IN CTR OF ROOF (INCL LAT SOw REINFORCEMENT) 187 $164
31 ADD ROOF WIRING NO HO!.E IN ROOF 189 $11
l 32 ADD VINYL REAR SEAT IN LIEU OF CLOTH $55
I 33 ADD GRILLE LAMP SIREN SPEAKER WIRING 172 N/C ~'l
I 34 ADD TRACTION CONTROL (3.27 RATIO ONLY) 553 $147 I
35 ADD TRUNK PACK W/KEVLAR FAT LINER 14T $160 .
I 36 ADD TUIONE PAINT-GROUP 1 ONLY (ROOF, All 4 DOORS) 952 $378 >r- I
I 37 ADO TUTONE PAINT.GROUP 1 ONLY (HOOD. AOOF & DECKlID) 953 $378
! 38 ADD TUTONE PAINT- GROUP 1 ONLY (ROOF, FRONT 2 DOORS ONL Yl 955 $378
39 ADD FULL WHEEL COVERS'GROUP 1 ON!. Y, STO GROUP 2 B4N $38
40 DELETE PWR WINDOWS FlEAR (DRIVER & PASS. SWITCHES ONLY) 948 $21 )>F:..
, 41 ADD DAYTIME RUNNING LAMPS I I I 770 $42
42 ADD BALLISTIC FRONT DOOR PANEL-DRIVERS ONLY I 90l $1,000
43 ADD BALLISTIC FRONT DOOR PANELS DRIVER & PASSENGER 908 $1,999
PACKAGES AVAILABLE
1P ADD FIRE SUPPRESSION SYSTEM 60S $2.936,00
2P ADD PACKAGE TRAY LAMP PREW1RE GROUP 476 $38.00
3P ADD BASE POLICE PREP PKG-N/A W/65N, 6SP, 6SW, 65U 65A $622.00
~P ADD COMPLETE POLICE PREP PKG-N/A W/65A. 65N, 65W. 65U S8P $1,718.00
5P ADD READY FOR THE ROAD PKG-N/A W/68P, 65N. 6SW, 65A 65U $3,436.00 * 1
oP ADD VIS181L1TY PKG.N/A W/65U. 65A. BBP. 65N 6SW $2,570.00
7P ADD VISIBILITY BASE PKG.N/A W/65A. 65U, 68P. 65W 65N $1.617.00 i
TOTAL OF ALL OPTIONS ADDED TO ORDER
Jr &c/~i~ l
SERVICE MANUAL
ELECTRIC MANUAL
EMISSIONS MANUAL
PARTS MANUAL
Admin Minnesota
Materials Management Division
Room 112 Administration Bldg., 50 Sherburne Ave" St. Paul, MN 55155; Phone: 651.296.2600, Fax: 651,297,3996
For TTYrrDD communication, contact us through the Minnesota Relay Service at 1,800.627.3529.
CONTRACT RELEASE: A-174(5)
DATE: DECEMBER 18,2006
PRODUCT/SERVICE: AUTOMOBILES: 2007 MODEL YEAR PATROL TYPE - FORD CROWN VICTORIA
CONTRACT PERIOD: OCTOBER 4,2005, THROUGH AUGUST 31,2007, OR END OF MODEL YEAR
EXTENSION OPTIONS: NONE
ACQUISITION MANAGEMENT SPECIALIST: JACKIE FINGER
PHONE: 651.201.2436 E-MAIL: jackie.finger@state,mn.us WEB SITE: www.mmd.admln.state.mn.us
CONTRACT VENDOR
ELK RIVER FORO
17219 Highway 10 NW
PO Box 304
Elk River, MN 55330
CONTRACT NO.
TERMS
NET 30
DELIVERY
60.120 DAYS ARO
435254
VENDOR NO.: 084212004-00 CONTACT: Wade Tumer PHONE: 763.274,3319 or 800.441,2300
or Dean Lonnquist FAX: 763,274.3338
~*~**W~**.*.*~*****************************************~**...****.****_**************W**+************.+*********~.**..*****..w****.****...
CONTRACT USERS. This Contract is available to State agencies and to members of the State's Cooperative Purchasing
Venture (CPV) program at the same prices, terms, and conditions.
Purchasers should thoroughly review the Contract Release - only the goods and seN/ces that are Identified in the
Contract can be purchased through the Contract. If the purchaser deviates from the specifications, terms and
conditions of the Contract State agencies must comply with Authority for Local Purchase (ALP) requirements and CP\i
members must comply with their local government purchasing regulations,
STATE AGENCY CONTRACT USE. This Contract must be used by State agencies unless a specific exception is granted
by the Acquisition Management Specialist listed above.
AGENCY ORDERING INSTRUCTIONS. Orders are to be placed directly with the Contract Vendor. State agencies
should use a Contract release order (CRO) or a blanket purchase order (BPe). The person ordering should include his or
her name and phone number. Orders may be submitted via fax.
SPECIAL TERMS AND CONDITIONS
SCOPE. The purpose of the Contract is to provide a source for State agencies and Cooperative Purchasing Venture
(CPV) members to purchase new 2007 Ford Crown Victorias, rear wheel drive, Police type vehicles, on an as needed
basis. .
Contract Release 8 (08/05)
Contract Release A-174(5)
All vehicles sold will be new equipment of the 2007 production model and must include Original Equipment Manufactured
(OEM) equipment. Any options purchased against the Contract must be OEM, All equipment sold against the Contract
must meet all State and federal regulations,
Equipment that is not 2007 production, or used equipment, may not be purchased against the Contract The Contract
Vendors may not substitute a 2008 model for a 2007 model that is ordered unless an exception is granted by the
Acquisition Management Specialist (AMS) prior to the delivery. The exception will be based upon when the original
purchase order was entered with the manufacturer and when the Contract Vendor was notified of a build-out date by the
manufacturer or their representative, and any other information useful to make the determination for approval. The
Contract Vendor may not accept an order for a vehicle after the manufacturers published build-out date. New
2007 vehicles may be ordered directly with the Contract Vendor if an amendment to extend the Contract term has been
executed.
PRICES, Prices listed shall remain firm for the initial term of the Contract Prices shall be maximum and not subject to
increase. The price includes all required equipment listed on the Price Schedule. In addition, all items listed under
"Options list AI> on the Price Schedule are priced with the lowest manufacturer to dealer price,
The price offered includes all "standard" features offered by the manufacturer and the optional features listed on the Price
Schedule (if different from the "standard base package"). Any items that are deleted or de-selected from the equipment
list by the purchaser wifl be at the dealer price that was offered. Optional equipment must be the best manufacturer to
dealer invoice price available,
NOTE: At no time should the ordering entity pay more than the Contract price. Agencies must contact the AMS
immediately and fifl out a Vendor Performance Report if there is a discrepancy between the price on the invoice and the
Contract price.
All prices listed are FOB DESTINATION, DELIVERED to the purchaser.
PRODUCT OR SERVICE
COMMODITY CODe
250-01-000000
250.01-000000
250-01-000000
KlIN
00001
00002
00003
ENV, CODE.
NO
NO
NO
Police Crown Vie - Group I
Police Crown Vie - Group"
Optional Equipment
DELIVERY REQUIREMENTS. All orders must be delivered within 90 to 120 days after receipt of order or a negotiated
delivery date with the purchaser, FOB Destination, freight charges prepaid and allowed, unless otherwise noted on the
purchase order. No delivery can be made on Salurday, Sunday or State holidays or after 4:00 p.m., on weekdays without
prior approval from the agency to which the vehicle is to be delivered.
Invoices may be issued from the day the vehicle is delivered, The payment terms of Net 30 do not begin until the
vehicle is inspected and accepted by the purchaser or, if the vehicle is being held by the dealer, the day the vehicle is
accepted by the purchaser,
If the Contract Vendor fails to meet the required delivery date agreed to by the Contract Vendor and the purchaser,
the purchaser reserves the right to cancel the purchase order without any penalty charges from the Contract Vendor
and consider the Contract Vendor in default as outlined in the Special Terms and Conditions of the RFB.
If the Contract Vendor is requested to hold the vehicle until the purchaser or the outfitter picks up the equipment, if, after
two business days the equipment has not been picked up by the purchaser or the outfitter, the Contract Vendor must notify
the purchaser to expedite the pickup order with the outfitter. If, after four business days the equipment has not been
picked up by the purchaser or the outfitter, the Contract Vendor should notify the AMS.
EQUIPMENT WARRANTY. The manufacturer's standard warranty service shall be applicable, A copy of the warranty
should be included to the purchaser at the time the quotation is submitted by the Contract Vendor, Warranty time periods
are to commence at the time of the purchaser's acceptance of the vehicle,
Contract Release 8 (08/05)
Page 2 of 6
Contract Release A~174(5)
ORDER PROCESSING, Any final quotations provided to the purchaser must include a dealer's print-out for the vehicle
being requested, showing how the vehicle is equipped, and must be at the prices offered. If there is any inaccurate
infonnation in the print-out, the Contract Vendor must may make corrections in ink and then must initial that correction
prior to submitting it with the quotation, The Contract Vendor should indicate the lead time for delivery to the purchaser at
the time the quotation is submitted,
Prices submitted to a state agency in response to a quotation should not include Federal Excise Tax; the State is exempt
A Federal Excise Tax exemption certificate will be furnished upon request.
NOTE: No terms providing for interest on invoices not promptly paid by the State shall be included in price quotation to the
purchaser. Any such interest is controlled by the terms of Minn, Stat. ~ 16A 124,
Quotations shall not contain terms which require the State or CPV Members to pay for the purchase prior to 30 days after
receipt of the invoice or 30 days after the State's acceptance of the merchandise, whichever is later.
All vehicles sold will be new equipment of the latest production model and must include OEM equipment and options. All
equipment sold against the Contract must meet all state and federal regulations.
The Contract Vendor must accept all orders and provide a written confirmation to the purchaser within 72 hours after
receipt of order and must include the estimated delivery date of the equipment. It Is the Contract Vendor's responsibility to
keep the purchaser informed of the status of the purchase order.
Any extras or options that the purchaser requests that are not included in the Contract must be purchased on a separate
order, State agencies must comply with all State purchasing regulations. Quotations must not contain terms which require
the State or CPV Members to pay for the purchase prior to 30 days after receipt of the invoice or 30 days after the State's
inspection and acceptance of the merchandise, whichever is later.
OPTIONAL EQUIPMENT. The State intends that any optional equipment and packages that are available from the
manufacturer for this type of vehicle be included at the lowest dealer net price. If there are similar Items covered by other
State Contracts, the State agency may choose which Contract to purChase from.
If, during the term of the Contract additional non-standard options are required from the dealer, the State reserves
the right to add the items to the Contract, at the lowest dealer price. The State also reserves the right to secure bids
for these items separate and aside from the Contract
If "aftermarket" accessories are requested by the purchaser, it must be handled separate and aside from this
Contract.
ORDER CUTOFF DATES. The Contract Vendor must notify the State of the manufacturer's cut-off dates on equipment
under Contract within five (5) business days after receipt of notice from of the manufacturer. Notification may be sent via
FAX or e-mail to the AMS listed in the RFB, Failure to notify the State may result in disqualification from future State
Contracts,
PRE-DELIVERY AND SERVICE FOR ALL VEHICLES. Prior to the delivery, the vehicle must be completely serviced by
the Contract Vendor (dealer), or must be certified by the Contract Vendor (dealer) that it has been performed, in
accordance with the manufacturer's standard "make-ready" recommendations. The vehicle must contain at least one-
quarter tank of fuel when delivered. Each vehicle must contain a pre-delivery check sheet showing which operations have
been performed on the vehicle by the selling dealer. Factory pre-delivery will not be acceptable.
Any work found incomplete, not covered by warranty, will be done in the field and the cost billed back to the Contract
Vendor.
Manufacturer's Statement of Origin (MSO) must be delivered with the vehicle. The agency shown must be the same as
the bill-to address on purchase order for licensing and recall notices.
TAXES. The State of Minnesota is required to pay 6,5 percent State Vehicle Excise Tax, DO NOT INCLUDE the Vehicle
Excise Tax in the price offered. The agency will pay the Vehicle Excise Tax directly to the Department of Public Safety,
The Contract Vendor should confirm with CPV members how sales tax is to be invoiced.
Contract Release 8 (08/05)
Page 3 of 6
Contract Release A-174(5)
VEHICLE LICENSING. The Contract Vendor (dealer) is responsible for licensing and transfer of title to the purchaser. As
stated in Minn. Stat S 168,092, Subd, 1 and 2: The motor vehicle registrar may issue a permit to a person purchasing a
new or used motor vehicle in this State for the purpose of allowing the purchaser a reasonable time to register the vehicle
and pay fees and taxes due on the transfer, The permit is valid for a period of 21 days, The permit must be in a form as
the registrar may determine and, whenever practicable must be posted upon the left side of the inside rear window of the
vehicle. Each permit is valid only for the vehicle for which issued, The registrar may issue a quantity of permits to licensed
dealers. When issuing a permit, the dealer shall complete the permit in the manner prescribed by the department One
copy of the permit shall be retained in sequential order in the dealer's files. If the purchaser desires to have the Contract
Vendor process the required paperwork for licensing and title transfer, the Contract Vendor may not charge any
documentation fee.
PURCHASE ORDERS. All purchase orders issued by State agencies against the Contract will be made on a State of
Minnesota purchase order form, showing the "ship-to," and "bill-to" addresses,
BILLING. The Contract Vendor must submit separate invoices (one original and two copies) for each purchase order to
the "bill-to" address as shown on the purchase order.
ADVERTISING. The use of television, radio or newspaper for advertising purposes resulting from a contract award is
prohibited unless prior written approval has been received from the State of Minnesota, Materials Management Division.
PUBLICITY. The Contract Vendor must not make any representations of the State's opinion or position as to the quality or
effectiveness of the products and/or services that are the subject of the Contract without the prior written consent of the
State. Representations include any publicity, including but not limited to advertisements, notices, press releases, reports,
signs and similar publiC notices.
DEFAULT. All equipment furnished will be subject to inspection and acceptance by the ordering agency after delivery, No
substitutions are permitted without prior written approval of the ordering Agency or the Materials Management Division,
The Materials Management Division can cancel the Contract, or any portion thereof for failure to meet specifications of the
bid or defaults in promised delivery, purchase vehicles from other sources and charge the full increase in cost, if any, to
the defaulting Contract Vendor. The Contract Vendor must give written notice to the Materials Management Division,
attention Jackie Finger, and the ordering agency as to the reason for delay and the expected delivery date, A Contract
Vendor may be removed from the bidder list andfor suspended from receiving awards for consistent failure to meet
specifications or deliveries without a valid reason or for failure to pay the State for the costs incurred for defaulted
contracts.
INSPECTION. The Contract Vendor must notify the receiving agency at least 72 hours before delivery to allow for
inspection and compliance, This inspection will be made to check workmanship, specifications and compliance with
manufacturer's make-ready procedures and will not preclude or replace final inspection and approval of the using agency,
A copy of the factory make-up sheet and a copy of the make-ready service check list, signed by the service manager,
must be available for review when vehicles are ready for inspection. This service list must accompany the delivery slip
when the unit is delivered,
NAMEPLATES. Dealer name plates, decals, etc., denoting the selling dealer are not to be affixed in any manner to any
new model vehicle delivered,
GENERAL REQUIREMENTS FOR POLICE VEHICLES.
Vehicles offered must be latest current production model with all factory standard equipment far the model furnished
whether or not specifically called for herein. All vehicles furnished shall comply in all respects with Federal Safety
Standards in effect at the time of production. Where optional over standard equipment is specified herein it shall be the
manufacturer's heavy duty quality not less than supplied in the manufacturer's advertised "police package" as tested by
Michigan State Police and Michigan Department of Management and Budget.
It is intended that the manufacturer in the selection of components will use materials and design practices that are the best
available in the industry for the high speed law enforcement work to which the vehicle will be subjected, All component
parts of the vehicles shall be heavy duty; selected to give maximum performance, service life and safety, and not selected
merely to meet the minimum requirements of this specification.
Contract Release 8 (08105)
Page 4 of 6
Contract Release A-174(5)
The term "heavy duty" as used in these specifications shall mean that the item to which the term is applied shall exceed
the usual quantity, quality, or capacity supplied with standard production vehicles, and it shall be able to withstand unusual
strain, exposure, temperature, wear and use.
Performance of the individual cars shall meet the current years Michigan State Police testing results. All necessary
adjustments to meet these required standards shall be made at no cost to the purchaser.
All vehicles shall be uniform in production with like accessories and components. All standard and optional equipment as
specified and offered by the manufacturer must be factory installed. Any variation or substitution must be submitted to the
State for written approval.
Standard manufacturer's warranty service; warranty time periods to commence at time of purchaser's in-service date,
Extension of (owner transferable) basic manufacturer's warranty to be proposed as an add-on option. All available
warranty extension plans should be outlined and priced by the vendor out to at least four (4) years1100.000 miles,
ELECTROMAGNETIC INTERFERENCE SUPPRESSION IN VEHICLES
All vehicles purchased under the Contract shall meet the requirement ofSAE standard J551g. Vehicles purchased for
Public Safety use will be expected to have additional reduction of EMI from 10 to 15 DB by employing new techniques (as
documented in NBS Pub, #480-44) in EMI suppression. This reduction shall be in the frequency bands of 150 MHZ to 900
MHZ, and shall apply to both conductive interference and radiated interference.
Measurement of receiver degradation for the maximum allowable degradation of 3DB for Public Safety vehicles purchased
under this contract shall be that outlined in NBS Publication 480-44 "Methods of Suppressing Automotive Interference",
The intent of the requirement is to provide vehicle RFI noise suppression in the Public Safety frequency band for mobile radio
equipment that will be installed by the State in the vehicle.
REVISIONS:
12118/06
9-29-06
7-6-06
Added vehicle cutoff information from the Contract Vendor.
Contract 435254 is amended as follows: The Slate of Minnesota will allow the 2007 Model Year (MY) Ford
Crown Victoria Police Interceptor automobile to be substituted for the 2006 MY Ford Crown Victoria Police
Interceptor on Contract 435254, through August 31, 2007, or until the el}d of the 2007 model year. The price
will be at the same net price as the 2006 MY vehicle and will include the same equipment and option features
as originally contracted.. If the triple net price is lowered on the 2007 MY vehicle, the lowered triple net price
must be passed on to the State. The 2007 model includes additional features to the base package, they must
be included on any vehicles sold. If Ford Motor Company offers any increase in the GPC to the Contract
Vendor, it must be passed onto the State immediately.
Contract 435254 Is amended as follows: The State of Minnesota will allow 2007 MOdel Year (MY) Ford Crown
Victoria Police Interceptor automobile to be substituted for the 2006 MY Ford Crown Victoria Police Interceptor
on Contract 435254, at the same triple net price as the 2006 MY vehicle and with the same equipment and
option features as originally contracted. If the triple net price is lower on the 2007 MY vehicle, the lower triple
net price must be passed on to the State. If the 2007 includes additional features to the base model, they
must be included on any vehicles sok1. If Ford Motor Company offers any increase in the GPC to the Contract
Vendor, it must be passed onto the State immediately. The Contract Vendor may not adjust the Total Bid
Constant.
Contract Release 8 (08/05)
Page 5 of 6
Contract Release A-174(5)
CONTRACT PRICES
VEHICLE
TOTAL. DEliVERED PRICE
$20,547.00
Ford Crown Victoria Group I
New 2007 Production Model,
4 Door with Police Package,
Gamet Red Clearcoat,
1994 Ford Color Code "EE"
Ford VSO Paint Form 107 58Moa
with required equipment and features
listed in the specifications.
ford Crown Victoria Group II
New 2007 Production Model,
4 Door with Police Package,
manufacturer's standard colors
with Clearcoat. Street Appearance
Group required and will include
required equipment and features
listed in the specifications.
$20,022,00
DEDUCT FOR CUSTOMER PICKUP - $50.00
Contract Release 8 (08/05)
Page 6 of 6
CITY COUNCIL LETTER
Meeting of February 12,2007
AGENDA SECTION:
NO:
ORIGINATING DEPARTMENT:
FIRE
CITY MANAGER
ITEM: AUTHORIZE THE CAPITAL EQUIPMENT
REPLACEMENT OF RESCUE 3, 2001 FORD
EXPEDITION
BY: Gary Gorman
BY:/
/tt
DATE:
DATE: January 25, 2007
Background:
Rescue 3 is a 2001 Ford Expedition purchased with the intent of having a smaller, less expensive vehicle to
perform much of the daily details and inspections of the Fire Department in place of using more expensive
ambulances and pumpers. Planned replacement for this vehicle is every five years but due to recent budget
constraints the replacement was pushed back a year. The mileage of the vehicle is 47,944 but more
importantly it has 5,441 engine hours, which translates to 179,553 miles per the manufacturers formula.
Analysis/C onclusions:
Fire Department staff has looked at different types of vehicles and is recommending replacement of
the Expedition with a one-ton 4x4 pick up truck with a utility box in the rear. This is similar to the
utility trucks that are purchased by our Public Works department. This type ofvehic1e will give us
greater flexibility with the type of equipment we can carry and better access and care of our EMS
equipment. The City Mechanic also recommends replacement of Rescue 3, as a first out emergency
vehicle, at this time.
Stafflooked at different types of vehicles and recommends replacing Rescue 3, as a first out
emergency vehicle, with a new Ford F350 4x4 XL Super Duty Super Cab truck, and eight- foot
utility box from the State of Minnesota Purchasing Contract, and graphics, emergency lights and
electrical work, and mounting hardware for equipment from the following vendors:
Pickup Truck Quote: $22,689
E]k River Ford
Utility Box Quote: $10,150
Truck Utilities Inc
Graphics Quote: $450
Advance Graphix, Inc.
Emergency Lh!hts & $10,100
Electrical Quote:
Emergency Automotive
Techno]ogies
Mounting Brackets for $1500
Equipment Quote:
Fire Equipment Specialties
RECOMMENDED MOTION: Move to authorize the purchase of one (1) new Ford F350 4x4
super duty super cab pickup tmck from Elk River Ford in the amount of $22,689; and an eight foot
fiberglass utility box from Tmck Utilities Inc, in the amount of $10,150; and a graphics package
from Advance Graphix Inc. in the amount of $450; and emergency lights and electrical work from
Emergency Automotive Technologies in the amount of $10,100; and mounting brackets for
equipment from Fire Equipment Specialties in the amount of $1500. Funding shall be from the Fire
Capital Equipment fund 439-42200-5150.
COUNCIL ACTION:
Rescue Vehicle
Ford F350 4x4 XL super duty super cab
$22,689 State bid Contract #436604
Elk River Ford,
17219 Hwy. 10 N.W.
Box 304
Elk River, MN 55330
763-274-3308
8' Fiberglass Utility box 24" deep compartments
$10,150 State Bid
Truck Utilities Inc.,
2370 English Street
St. Paul, MN 55109-2098
651-484-3305
Graphics Package
$450
Advance Graphix Inc.
3600 Labone Road
Suite #3
Vadnais Heights, MN 55110
651-490-3221
Emergency Lights and Electrical work
$10,100
Emergency Automotive Technologies
2755 Geneva Ave. North
Oakdale, MN 55128
651-765-2657
Mounting Brackets for Equipment
$1500
Fire Equipment Specialties
P.O. Box 25232
VVoodbury,~N 55125
651-730-4636
Total cost for Rescue Vehicle $44,889
Admin Minnesota
Materials Management Division
Room 112 Administration Bldg" 50 Sherburne Ave" St. Paul, MN 55155; Phone: 651,296,2600, Fax: 651,297,3996
For TTY/TDD communication, contact us through the Minnesota Relay Service at 1.800.627,3529.
CONTRACT RELEASE: T -642(5)
DATE: JANUARY 4, 2007
PRODUCT/SERVICE: TRUCKS: 2007 MODEL YEAR PICKUP AND LIGHT DUTY TRUCKS
The Governor's Executive Order 04-10 calls for the purchase and use of fuel-efficient vehicles and cleaner fuel
vehicles. Ethanol (E85) and biodiesel fuel (B2) are defined as a cleaner fuel in Minnesota. The State of
Minnesota has invested in flex fuel vehicles that can be operated on E85 fuel. In order to comply with the
Governor's Executive Order, it is the intent of the vehicle acquisition contracts to make fuel efficient and cleaner
fuel vehicles available for State agencies to purchase.
CONTRACT PERIOD: AUGUST 15,2006, THROUGH AUGUST 31, 2007, OR END OF MODEL YEAR
EXTENSION OPTIONS: UP TO 12 MONTHS
ACQUISITION MANAGEMENT SPECIALIST: JACKIE FINGER
PHONE: 651.201.2436 E-MAIL: jackie.finger@state.mn.us
WEB SITE: www.mmd.admin.state.mn.us
CONTRACT NO.
TERMS
DELIVERY
CONTRACT VENDOR
ELK RIVER FORD
17219 Highway 10 NW
PO Box 304
Elk River, MN 55330
436604
NET 30
60-120 DAYS ARO
VENDOR NO.: 084212004-00
CONTACT: Lonny Lonnquist
or Wade Turner
PHONE: 763,274,3339 or 800.441,2301
FAX: 763.274,3338
********************************************************************************************************************************************
RIVERFRONT FORD
3859 Highway 61 West
Red Wing, MN 55066
436605
NET 30
60.120 DAYS ARO
VENDOR NO.: 200275154-00 CONTACT: Lycia Jedlicki
PHONE: 1-651-385-2666 or 800,816.4492
FAX: 1-651.385,2665
********************************************************************************************************************************************
NELSON DODGE/GMC
2228 College Way
Fergus Falls, MN 56537
436606
NET 30
60 - 120 DAYS ARO
VENDOR NO.: 200355988-00 CONTACT: Gerry Worner
PHONE: 218.739,2283 X123 or 800.7267564
FAX: 218.739,6021
Contract Release 8 (08/05)
Contract Release T-699(5)
CONTRACT VENDOR
CRYSTEEL TRUCK EQUIPMENT
1130 73rd Ave NE
Fridley, MN 55432
VENDOR NO.: 128823002-00
PRICE PER LOADED MILE: $1,90
CONTRACT NO.
TERMS
DELIVERY
437075
NET 30
30 DAYS ARO
CONTACT: Bob Brandenburg PHONE: 763.571.1902
EMAIL: bbrandenburg@crysteeltruck,com FAX: 763,571.5091
********************************************************************************************************.***+*******************************
CONTRACT VENDOR
MIDLAND EQUIPMENT CO.
21980 Kenrick Avenue
Lakeville, MN 55044
VENDOR NO.: 161881000-00
PRICE PER LOADED MILE: $1.50
CONTRACT NO.
TERMS
DELIVERY
437078
NET 30
60-90 DAYS ARO
CONTACT: William Fink
EMAIL: midequ@frontiernet.net
PHONE: 952.469.1006
FAX: 952.469.1152
CONTRACT VENDOR
*******************.**************************************************.***.**.~*******~**~********************************************~***.*
NORTH CENTRAL TRUCK EQUIP
2629 Clearwater Road S
St. Cloud, MN 56301
VENDOR NO.: 200298652-00
PRICE PER LOADED MilE: $1,80
CONTRACT NO.
TERMS
DELIVERY
431079
NET 30
90 DAYS ARO
CONT ACT: Dan St. Sauver
EMAIL: dans@northcentraltruck.cam
PHONE: 320.251.7252
FAX: 320,252,3561
******~w*~***~**************************.*****************.~******~**~*******~***************#*************************~***.****************
CONTRACT VENDOR
RED HORSE TRUCK BODY & HOIST
E5484 County Road SS
Menomonie, WI 54751
VENDOR: 200553761-00
PRICE PER LOADED MILE: $1,50
CONTRACT NO.
TERMS
DELIVERY
437080
NET 30
120 DAYS ARO
CONTACT: George Stroebel PHONE: 715.235,8282
EMAIL: gstroebel@redhorsetruck,com FAX: 715.235.8515
CONTRACT VENDOR
****.******~*************************~******************************************************************************************************
STONEBROOKE EQUIPMENT, INC
6022 Pillsbury Ave. S
Minneapolis, MN 55419
CONTRACT NO.
TERMS
DELIVERY
437081
NET 30
30 DAYS ARO
CONTACT: John Holman PHONE: 612,861,5047
EMAIL:equipmentsolutions@gmail.com FAX: 612.465.8198
VENDOR: 170461003-00
PRICE PER LOADED MILE: No charge
***************.****.*..************************~********************~******.************w**************************-***********************
CONTRACT VENDOR
TRUCK UTILITIES, INC
2370 English Street
Sf. Paul, MN 55109
VENDOR NO: 011772000-00
PRICE PER LOADED MILE: $1,50
CONTRACT NO.
TERMS
DELIVERY
437082
NET 30
30 DAYS ARO
CONTACT: Craig Capeder PHONE: 651.484.3305
EMAIL: truckutl@maiLtruckutilities.com FAX: 651.484.0076
*************************************************************************************************'k*****~******~**************k*******k******
Contract Release 8 (08/05)
Page 2 of 9
6 LAW and ORDER July 2006
ON THE JOB
High Mileage
Patrol Cars
"Why can't your officers put 200,000 miles on their police cars? I do it on my
personal car," How many chiefs, sheriffs and fleet managers have had to field
a question like that from a tight-fisted city council member, or otherwise well-
meaning citizen? The answer is that you CAN put 200,000 miles on police cars!
In some cases, you already are putting that mileage on but just don't know it. In
cases where you are not, all it takes is a lot of money for preventative maintenance.
First, most police sedans are taken out of service with between 90,000 and
115,000 miles on the odometer, Based on five in service, an of idling
per shift, three shifts a day
Feel free to fill in your own assumptions in the calculation. A take-home car in
the above example (one shift a day, five days a week) would still have nearly
150,000 actual miles on an odometer displaying just 100,000IDiles.I<lH~gjust()AY
houra~p.i1:'tii~~<l~i~tl~~.ti2Pyp.t();tP.9()doIIleterrea<iing'<.All you have to do is
explain to the council member why the emergency vehicle needs to idle while his
car doesn't.
Second, it is entirely possible to run 200,000 or 350,000 odometer miles on any
vehicle. You just have to keep replacing parts. Longevity costs money, How long
do you want to go?
The prudent fleet managers, who report to prudent city managers, know that the
lowest overall fleet cost comes from avoiding the first major repair expense. That
first expense is probably the engine for city and urban departments and the trans-
mission for county and highway agencies, If you lose engines at an average of
105,000 miles or transmissions at an average of 85,000 miles, you should be able
to make your case. If not, and you could find yourself putting $5,000 into a very
old, high-mileage car,
Beyond that, all it takes is money to keep the police car in service, indefinitely,
As some departments with very high-mileage cars have experienced this, virtual-
ly every major system on the car needs replaced, You see this a lot where money
is tight, and access to maintenance money is easier than access to new vehicle
money, Of course, for those keeping score, the total cost of ownership goes up for
this "rob Peter, pay Paul" style of fleet management.
Above all, these are emergency vehicles we are talking about, not daily drivers.
They are driven harder than the city council member's car, have much heavier
electrical loads, carry much heavier cargo loads, and are on call 24/7, Does he
want a police car with 280,000 miles responding at high speed to his emergency?
Zd( ~~
ED SANOW
EDITORIAL DIRECTOR
130 Waukegan Rd, 2nd Floor' Deerfield, lL 60015 Phone: (847) 444-3300. Fax: (847) 444-3333
Contact Ed Sanow via e-mail at<esanow@hendonpub.com>.
CITY COUNCIL LETTER
Meeting of: 2/12/07
AGENDA SECTION: CONSENT AGENDA
NO:
ORIGINATING DEPARTMENT: CITY MANAGER
PUBLIC WORKS
ITEM: CONTRACT ADDENDUM FOR
ENGINEERING INSPECTION SERVICES
BY: K. Young
DATE: 2/6/07
Background:
The City Council authorized a professional services agreement with Bolton and Menk for Engineering Inspection Services at their
regular meeting on June 26,2006, The purpose of the agreement was to provide the services of an experienced engineering
technician for construction inspection on Huset Parkway, Park View Phase II, Central Avenue Storm Sewer and other projects.
This was needed due to the unanticipated retirement of a senior engineering technician.
Analysis/Conclusions:
The initial estimate of time was for an approximately four-month period. Services of the engineering technician were needed
longer than anticipated, especially on Huset Parkway and Park View Phase II projects, The table below compares the estimated
time compared to the actual time spent on the projects. Staff recommends approval of Contract Addendum No, I.
Proiect
Huset Parkway Project 0404
Park View Phase II - Project 0606
Central A venue Storm Sewer Project 0503
Engineering Department and Other
Estimated Hrs
252
288
108
72
Actual Hrs
443,5
492.5
71.0
88.5
Recommended Motion: Move to authorize Contract Addendum No, I to Bolton and Menk, Inc, for additional Engineering
Inspection Services added by the City, in the amount of$27,4l1.50 with funding out of State Aid and Huset Parkway Phase II
Development Agreement
KY:jb
Attachment: Addendum No, I
COUNCIL ACTION:
ADDENDUM NO. 1
To
AGREEMENT TO PROVIDE
ENGINEERING INSPECTION SERVICES
Owner: City of Columbia Heights Date of Issuance: February 5, 2006
637 38th Avenue N,E,
Columbia Heights, MN 55421
Consultant: Bolton and Menk, Inc. Engineer: City Engineer
12224 Nicollet Avenue
Burnsville, MN 55337
You are directed to make the following changes in the Contract Documents:
Description: Change in original agreement cost to compensate for additional work added to the
agreement by the City,
Purpose of Addendum: The agreement has been modified to include additional hours of engineering
inspection services due to the construction schedule,
CHANGE IN AGREEMENT COST
Original Agreement Cost:
$ 52,560,00
Previous Addendums No, to No.
-
None
Agreement Cost Prior to this Addendum:
$ 52,560,00
Net Increase of this Addendum:
$ 27,411.50
Agreement Cost with all Approved Addendums:
$ 79,971.50
Recommended Approved
By: j.., ,. -~ 11 I i"'..,-c .1 lY\ f"l Lfl ~QJ-I By:
Cit v Engin-der U iJ Bolton and Menk, Inc,
Approved By:
Approved By:
Date of Council Action
Gary Peterson, Mayor
Walter Fehst, City Manager
CITY COUNCIL LETTER
Meeting of: 2/12/07
AGENDA SECTION: CONSENT AGENDA
NO:
ORIGINATING DEPARTMENT:
PUBLIC WORKS
CITY MANAGER
ITEM: FINAL PAYMENT FOR HUSET PARKWAY
PROJECT
BY: K. Young
DATE: 2/8/07
BY:
DATE:
Background:
The Contractor completed the Huset Parkway construction work in December. The work consisted of Utility Improvements which
included sanitary sewer, storm sewer with pond, and water main; Street Improvements which included removals, soil corrections,
new concrete curb and gutter, new bituminous pavement, a new center entrance median at 3th Avenue, and a roundabout at Jefferson
Street; and Streetscaping which included a new bituminous trail and new concrete sidewalk, decorative crosswalks, street and
pedestrian lighting, plantings, trees and signing.
Analysis /Conclusions:
Staff is recommending acceptance of the work and approval of payment to Frattalone Companies, A copy of the final payment
voucher and the Engineer's Acceptance Report is attached, A total of $10,086,64 is being encumbered during the warranty period
for trees and plants. This will be released when the warranty has been fulfilled in accordance with the specifications and to the
satisfaction of the City Engineer.
Recommended Motion: Move to accept the Engineer's Report of Final Acceptance for the Huset Parkway Project, City Project
Number 0404, and authorize Payment of$97,609.83 to Frattalone Companies ofSt. Paul, Minnesota,
KY:jb
Attachment:
Payment Voucher
Engineer's Acceptance Report
COUNCIL ACTION:
CITY OF COLUMBIA HEIGHTS
CONSTRUCTION PAYMENT VOUCHER
ESTIMATE NO.
DATE:
PERIOD ENDING:
CONTRACT:
PROJECT NO.
FINAL
February 5, 2007
December 31,2006
Huset Parkway
0404
TO: Frattalone Companies
3205 Spruce Street
S1. Paul, MN 55117
Phone: 651-484-0448
A. Original Contract Amount ..,."."........."..........."..".......,.......................".""",.,,......., $
B, Total Addition $
...................................................................................................................................
C. Total Deduction $
-..................................................................................................................................
D. TOTAL CONTRACT AMOUNT $
F.
G.
H.
I.
TOTAL VALUE OF WORK
LESS RETAINED (0%)
PLANT WARRANTY
Previous Payment(s)
TOTAL APPROVED FOR PAYMENT THIS VOUCHER
J,
TOTAL PAYMENTS INCLUDING THIS VOUCHER
AP PROV ALS
2,562,803.92
249,720,03
2,812,523.95
$2,801,382,70
$
$
$
$
(10,086.64)
(2,693,686.23)
97,609.83
$
2,791,296.06
Pu rsuant to our field observations, I hereby recommend for payment the above stated
amount for work performed through December 31,2006
Signed by:
Signed by:
(;
2/6/2007
Page 1 of 1
gIll 0-'
Date
Z/7/07
Date
0404 Pay FINAL
CITY OF COLUMBIA HEIGHTS
ANOKA COUNTY, MINNESOTA
ENGINEER'S REPORT OF FINAL ACCEPTANCE
HUSET PARKWAY
CITY PROJECT NUMBER 0404
February 7, 2007
TO THE CITY COUNCIL
COLUMBIA HEIGHTS, MINNESOTA
HONORABLE MAYOR AND CITY COUNCIL MEMBERS:
This is to advise you that I have reviewed the work under contract to Frattalone Companies. The
work consisted of Utility Improvements which included sanitary sewer, storm sewer with pond,
and water main; Street Improvements which included removals, soil corrections, new concrete
curb and gutter, new bituminous pavement, a new center entrance median at 3ih Avenue, and a
roundabout at Jefferson Street; and Streetscaping which included a new bituminous trail and new
concrete sidewalk, decorative crosswalks, street and pedestrian lighting, plantings, trees and
signing. The contractor has completed the project in accordance with the contract.
It is recommended; herewith, that payment be made for said improvements to the contractor in
the amount as follows:
ORIGINAL CONTRACT PRICE
CHANGE ORDERS
FINAL CONTRACT AMOUNT
$ 2,562,803.92
$ 249.720.03
$ 2,812,523.95
FINAL WORK APPROVED
ALL PRIOR PAYMENTS
PLANT WARRANTY ENCUMBRANCE
$ 2,801,382.70
($ 2,693,686.23)
($ 10.086.64)
BALANCE DUE
$ 97,609.83
Sincerely,
CITY OF COLUMBIA HEIGHTS
Kevin R. Hansen
City Engineer
CITY COUNCIL LETTER
Meeting of Februarv 12,2007
AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT:
Fire
Rental Housing
Licenses
BY:
Gary Gorman
CITY
MANAGER
APPROVAL
BY:
NO:
ITEM:
NO:
DATE: February 6,2007
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 February 12,2007.
COUNCIL ACTION:
Occupany 1.0.
30031
12162
20331
20124
10002
20032
02/06/2007
List of 2007 Rental Licenses to Approve
Property Owner Name
Donald E. Anderson Family Trust
Kathryn Hoefs
Mark Mackey
Dean Olson
Brian Roeller
Michael Vanderheyden
13:43
Property Address
711 37th
4303 UNIVERSITY
4450 Tyler
1005 50TH
3849 MAIN
47246TH
Page 1
Occupany 1.0.
30175
10212
10208
10204
10218
02/06/2007
L1CENSE_Ltr to Approve Licenses 2006
Property Owner Name
Bryant, LLC
Bernard Butler
Robert Machel
Beatriz Martinez
Thomas Wasik
Property Address
3806 Stinson
521 MILL
564 HUSET
4919 JACKSON
99941ST
09:54
Page 1
CITY COUNCIL LETTER
Meeting of February 12,2007
AGENDA SECTION: CONSENT
ORIGINATING DEPARTMENT:
Fire
CITY
MANAGER
APPROVAL
BY:~r#
NO: \ J.{
ITEM:
Reissue Rental License
BY: Gary Gorman
NO:
DATE: February 5,2007
DATE:
The matter of the revocation of the license to operate a rental unite s) within the City
of Columbia Heights against the following properties for failure to meet the
requirements of the Residential Maintenance Codes has been resolved.
The owner has corrected all violations and paid all fees due.
RECOMMENDED MOTION: Move to issue a rental-housing license to Robert Machel
to operate the rental property located at 564 Huset Parkway N.E. in that the provisions of
the residential maintenance code have been complied with.
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of February 12,2007
AGENDA SECTION:
CONSENT
ORIGINATING DEPARTMENT:
Fire
CITY
MANAGER
APPROVAL
NO:
ITEM:
5-
Reissue Rental License BY:
Gary Gorman
NO:
DATE: February 5, 2007
DATE:
The matter of the revocation of the license to operate a rental unites) within the City
of Columbia Heights against the following properties for failure to meet the
requirements of the Residential Maintenance Codes has been resolved.
The owner has corrected all violations and paid all fees due.
RECOMMENDED MOTION: Move to issue a rental-housing license to Svitlana Moore
to operate the rental property located at 3911 Van Buren Street N.E. in that the provisions
of the residential maintenance code have been complied with.
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of: February 9, 2007
AGENDA SECTION:
NO:
ORIGINATING DEPT.:
License Department
CITY MANAGER
APPROV AL
ITEM: License Agenda
BY: Shelley Hanson
NO:
DATE: February 9,2007
BACKGROUND/ANALYSIS
Attached is the business license agenda for the February 12,2007 City Council meeting. This agenda
consists of applications for Contractor licenses for 2007.
At the top ofthe 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 February 12,2007 as presented.
COUNCIL ACTION:
TO CITY COUNCIL February 12, 2007
*Signed Waiver Form Accompanied Application
2007 BUSINESS LICENSE AGENDA
BLDG
CONTRACTORS LICENSES
* Tim's Quality Plumbing 523 Central Avenue, Osseo
*Doug Olson Plumbing 931 44th Ave NE, Col. Hts.
*Terry Overacker Plumb 1628 Co. Hwy 10, Sp Lk Pk
* A Trust dba A. Aaron's Plumb & Htg PO Box 712, Chanhassen
*Betz Plumbing LLC 22667 Nolan Ave, Scandia
*Daas Plumbing 3781 131st Ave NE, Blaine
Piperight Plumbing 10710 Mississippi Blvd, CR
*Cronstrom's Htg & AC 6437 Goodrich Ave, S1. Louis Pk
*SR Mechanical 7320 Oxford S1. S1. Louis Pk
Landwehr Construction PO Box 1086, S1. Cloud
Let's Get Graphic
*Bluemel's Tree & Land
2442 County Rd 10, Moundsview
551 Dru Dr. Hudson,WI
$60.00
$60.00
$60.00
$60.00
$60.00
$60.00
$60.00
$60.00
$60.00
$60.00
$60.00
$60.00
( 7
CITY OF COLUMBIA HEIGHTS
Fll\fANCE DEPARTlVl"ENT
COUNCIL MEETING OF: t:UY1ItM1) 12-, 2001
STATE OF MINNESOTA
COlJN'l'Y OF ANOKA
CITY OF COLUMBIA HEIGHTS
Motion to approve payment of bills out of the proper funds, as listed in the attached
check register covering Check Number \ '207--'3 f
in the amount of$ 3.1> 72/10S.2/ .
These checks have been examined and found to be legal charges against the CITY OF
through [7-0 Lf 77
COLUMBIA HEIGHTS, and are hereby, recommended for payment.
ACS FINANCIAL SYSTEM
02/08/2007 11:10:S4
Check History
CITY OF COLUMBIA HEIGHTS
GLOSOS-V06.74 COVER PAGE
GL540R
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* * * * 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.",.. .02/12/2007 COUNCIL LISTING
INCLUSIONS:
Fund & Account... ........."
thru
Check Date. , , . . . . . . . . . , , , . . .
Source Codes.,.......,......
Journal Entry Dates........
Journal Entry Ids....., ..
Check Number...,. ...... '....
thru
thru
thru
thru
120237 thru 120477
proj ect . . . . . , .. ....,'.....
Vendor. . . . . . . ,. ...........
Invoice. . . , , , . . . . . . , , . . .
Purchase Order,... ........,
Bank,...................... .
Voucher ........ , ,
Released Date." ...... ...".
Cleared Date,..,.. .... ,.....
Include Exp/Rev Closing Entries
thru
thru
thru
thru
thru
thru
thru
thru
N
Run Instructions:
Jobq Banner Copies Form Printer Hold Space LPI
J COUNCIL 02 P4 Y S 6
Lines CPI
066 10
CP SP
Y Y
ACS FINANCIAL SYSTEM
02/08/2007 11
CITY OF COLUMBIA HEIGHTS
GL540R-V06.74 PAGE 1
BANK
VENDOR
Check History
02/12/2007 COUNCIL LISTING
CHECK NUMBER
AMOUNT
BANK CHECKING ACCOUNT
NORTHEAST BANK
AARP
AMERICAN BOTTLING COMPAN
BAKKEN/CHERYL
BELLBOY BAR SUPPLY
BELLBOY CORPORATION
CAPITOL BEVERAGE SALES L
CENTER POINT ENERGY
CHISAGO LAKES DISTRIBUTI
CREST VIEW ONDC 1
DEX MEDIA EAST LLC
ESCHELON
EXTREME BEVERAGE
FIRST STUDENT INC
G & K SERVICES INC
GORMAN/GARY
GRIGGS-COOPER & CO
HOHENSTEINS INC
JJ TAYLOR DIST OF MN
JOHNSON BROS, LIQUOR CO.
KENNEDY & GRAVEN
LARKIN/JOHN
MARK VII DIST,
MEDTRONIC INC
MINNESOTA WINEGROWERS CO
MN DEPART OF ECONOMIC SE
MUSCOVITZ/PATRICIA
O'BRIEN/DANIEL
OFFICE DEPOT
PETTY CASH - NICOLE JOUP
PHILLIPS WINE & SPIRITS
QUALITY WINE & SPIRITS
QWEST COMMUNICATIONS
RICOH BUSINESS SYSTEMS I
RON KASSA CONSTRUCTION
SARGENT/JEFF
SHAMROCK GROUP/ACE ICE
SORENSEN/DALE
VINOCOPIA INC
WILD MOUNTAIN
XCEL ENERGY (N S P)
NORTHEAST BANK
AMERICAN BOTTLING COMPAN
ARCH WIRELESS/METROCALL
ARNE/DIANA
BAKKEN/CHERYL
BARNICK/ROBERT & PRISCIL
120237
120238
120239
120240
120241
120242
120243
120244
120245
120246
120247
120248
120249
120250
120251
120252
120253
120254
120255
120256
1202S7
1202S8
120259
120260
120261
120262
120263
120264
12026S
120266
120267
120268
120269
120270
120271
120272
120273
120274
120275
120276
120277
120278
120279
120280
120281
120282
120283
552,360.95
230.00
100.40
6.23
161. 34
18,588.71
7,023.55
760.24
3,813.14
18,238.00
236.70
158.68
640.00
640.77
186.96
317.25
36.30
2,142.06
16,398.02
2,315.92
6,500.00
52.32
3,591.47
49,483.00
70.70
212.73
14.55
38.60
43.89
162.60
10,362.72
1,100.11
116.09
27.00
15,290.61
17.17
180.92
80.98
114.00
360.00
388.08
515,716.55
112.21
94.40
59.96
61.77
41.00
ACS FINANCIAL SYSTEM
02/08/2007 11
BANK
VENDOR
Check History
02/12/2007 COUNCIL LISTING
CHECK NUMBER
CITY OF COLUMBIA HEIGHTS
GL540R-V06.74 PAGE 2
BANK CHECKING ACCOUNT
BELLBOY BAR SUPPLY
BELLBOY CORPORATION
CAPITOL BEVERAGE SALES L
CENTRO BRADLEY SPE 5 LLC
CHISAGO LAKES DISTRIBUTI
CITY OF COLUMBIA HEIGHTS
COLUMBIA HEIGHTS I
DEEP ROCK WATER COMPANY
DEX MEDIA EAST LLC
FLAHERTYS HAPPY TYME COM
FRIIS/DORIS
G & K SERVICES INC
GENUINE PARTS/NAPA AUTO
GRIGGS-COOPER & CO
HOHENSTEINS INC
ICMA
JJ TAYLOR DIST OF MN
JOHNSON BROS. LIQUOR CO.
KRAUS-HARTIG VFW
KROLL/PHYLLIS
MARK VII DIST.
MN DEPT OF PUBLIC SAFETY
NORTH MEMORIAL EMS EDUCA
NORTHEAST BANK
NSRMAA
PATTEN/ARLENE
PETTY CASH - MARY DUGDAL
PITNEY BOWES LOUISVILLE
POST BOARD
SHAMROCK GROUP/ACE ICE
VERIZON WIRELESS
AID ELECTRIC SERVICE INC
ANOKA CTY - CENTRAL COMM
ASPEN MILLS, INC.
EHLERS & ASSOCIATES INC
EMERGENCY AUTOMOTIVE TEC
ENGINEERING REPRO SYSTEM
FRATTALONE COMPANIES INC
HOME DEPOT #2802
MINNEAPOLIS ASPHALT SYST
OFFICE DEPOT
PROSOURCE TECHNOLOGIES I
RICOH BUSINESS SYSTEMS I
SHORT ELLIOT HENDRICKSON
SRF CONSULTING GROUP INC
VEIT COMPANY INC
VERIZON WIRELESS
120284
120285
120286
120287
120288
120289
120290
120291
120292
120293
120294
120295
120296
120297
120298
120299
120300
120301
120302
120303
120304
120305
120306
120307
120308
120309
120310
120311
120312
120313
120314
120315
120316
120317
120318
120319
120320
120321
120322
120323
120324
120325
120326
120327
120328
120329
120330
AMOUNT
800.68
780.89
16,063.60
11,940.57
6,810.85
185,756.05
5,581.28
113. S5
50.80
528.85
275.00
34.31
295.14
6,725.21
3,012.92
95.00
21,599.57
30,864.36
76.00
37.00
3,393.54
70.00
960.00
540,367.50
660.00
2S.00
124.61
104.88
90.00
60.08
205.65
20,000.00
549.12
73.S6
4,436.25
7,170.33
14,997.18
7,893.70
66.46
2,971.35
249.47
74.40
458.24
2,781.54
64.97
214,550.91
256.41
ACS FINANCIAL SYSTEM
02/08/2007 11
CITY OF COLUMBIA HEIGHTS
GLS40R-V06.74 PAGE 3
BANK
VENDOR
Check History
02/12/2007 COUNCIL LISTING
CHECK NUMBER
AMOUNT
BANK CHECKING ACCOUNT
WELLS FARGO BANK
NORTHEAST BANK
A & C SMALL ENGINE
BELLBOY CORPORATION
CAPITOL BEVERAGE SALES L
CARLSON/EDWARD
CENTER POINT ENERGY
CHISAGO LAKES DISTRIBUTI
EBERT CONSTRUCTION
FARNER-BOCKEN
GENUINE PARTS/NAPA AUTO
GRIGGS-COOPER & CO
HOHENSTEINS INC
JJ TAYLOR DIST OF MN
JOHNSTON/ERIK
LARKIN/JOHN
MEDICINE LAKE TOURS
MN DEPT OF ADMINISTRATIO
MN MUNICIPAL BEVERAGE AS
PARTENHEIMER/KIRSTEN
PERA
PETTY CASH - KAREN MOELL
PHILLIPS WINE & SPIRITS
PLAYS MAGAZINE
QUALITY WINE & SPIRITS
SHAMROCK GROUP/ACE ICE
SINN/GREG
TDS METROCOM INC
VERIZON WIRELESS
XCEL ENERGY (N S P)
ACE HARDWARE
ALCOHOL & GAMBLING ENFOR
ALTO CONSULTING & TRAINI
AMERICAN PUBLIC WORKS AS
AMERICAN TESTING CENTER
AMERIPRIDE INC
AMERIPRIDE INC
ANCOM COMMUNICATIONS INC
ANDERSON HEATING AND A/C
ANOKA COUNTY - GOV'T CEN
ANOKA CTY - CENTRAL COMM
ASPEN MILLS, INC.
ASSOC OF METRO MUNICIPAL
ASTLE FORD INTERNATIONAL
AZTECA SYSTEMS INC
BAKER & TAYLOR
BERKLEY RISK ADMINISTRAT
120331
120332
120333
120334
12033S
120336
120337
120338
120339
120340
120341
120342
120343
120344
12034S
120346
120347
120348
120349
1203S0
120351
1203S2
120353
1203S4
12035S
1203S6
120357
120358
1203S9
120360
120361
120362
120363
120364
120365
120366
120367
120368
120369
120370
120371
120372
120373
120374
120375
120376
120377
17,850.08
432,588.00
15.53
1,618.10
17,830.10
475.00
15,618.74
2,812.79
62,842.54
5,688.12
271.73
S5,414.83
2,835.30
13,664.49
104.70
35.00
722.00
507.80
296.00
134.87
518.84
144.08
2,508.60
39.00
23,959.41
176.88
100.72
4,448.65
91.84
3,813.96
99.32
250.00
5,040.00
936.25
880.00
43.48
82.22
1,219.43
40.00
533.36
3,254.12
728.22
6,070.00
301.25
1,562.00
170.94
48,022.50
ACS FINANCIAL SYSTEM
02/08/2007 11
CITY OF COLUMBIA HEIGHTS
GL540R-V06.74 PAGE 4
BANK
VENDOR
Check History
02/12/2007 COUNCIL LISTING
CHECK NUMBER
AMOUNT
BANK CHECKING ACCOUNT
BLOWERS/CAROLE
BOUND TREE MEDICAL LLC
BRADLEY & GUZZETTA LLC
BROCK WHITE CO.
BRODART
CAMDEN PET HOSPITAL, INC
CATCO PARTS SERVICE
CCP INDUSTRIES
COLUMBIA HEIGHTS RENTAL
COLUMBIA PARK MEDICAL GR
COM CAST
COORDINATED BUSINESS SYS
COSTCO
CROWN TROPHY
DAKOTA COUNTY RECEIVING
DEMCO MEDIA
DONAGHUE DOORS INC
DU ALL SERVICE CONTRACTO
ECM PUBLISHERS INC
EGAN OIL COMPANY
FIDELITY SERVICES INC
FIRE ENGINEERING
FIRE MARSHALS ASSOC OF M
FLEX COMPENSATION, INC
FORCE AMERICA
G & K SERVICES INC
GALE GROUP/THE
GALLS INC
GENE'S WATER & SEWER INC
GENERAL REPAIR SERVICE,
GENUINE PARTS/NAPA AUTO
GOODIN CO.
HEIGHTS ELECTRIC INC.
HOME DEPOT #2802
HOTSY EQUIPMENT OF MINN
ICC ASSOC OF BLDG OFFICI
INT'L ASSOC OF ADMIN PRO
INTL ASSOC OF CHIEFS OF
IPC PRINTING
J. B. HUDSON
JINDRA/PATRICIA
KENNEDY & GRAVEN
LAW ENFORCEMENT OPPORTUN
LEAGUE OF MN CITIES INS
LINDSTROM RESTORATION
MAC QUEEN EQUIPMENT CO.
MARCO, INC
120378
120379
120380
120381
120382
120383
120384
120385
120386
120387
120388
120389
120390
120391
120392
120393
120394
120395
120396
120397
120398
120399
120400
120401
120402
120403
120404
120405
120406
120407
120408
120409
120410
120411
120412
120413
120414
120415
120416
120417
120418
120419
120420
120421
120422
120423
120424
36.04
187.60
1,968.7S
1,512.30
112.79
1,375.00
18.34
188.93
54.20
321.00
199.91
1,041.80
22.36
72.58
63.00
431.64
181.00
1,669.66
41.25
7,112.35
5,167.90
29.95
3S.00
168.00
181.99
1,22S.04
778.44
110.98
2,355.50
1,364.63
60.14
946.55
96.00
40.66
48.18
200.00
108.00
100.00
47.94
710.61
105.00
2,842.66
375.00
36,042,50
5,316.57
110.13
6,678.00
ACS FINANCIAL SYSTEM
02/08/2007 11
BANK
VENDOR
Check History
02/12/2007 COUNCIL LISTING
CHECK NUMBER
BANK CHECKING ACCOUNT
MARSHALL CONCRETE PRODUC
MCGRAW HILL COMPANIES IN
MEDIATION SERV.FOR ANOKA
MEDICS TRAINING INC
MENARDS CASHWAY LUMBER-F
METRO CHIEFS OFFICER FIR
MIDWAY FORD
MIDWEST LOCK & SAFE INC
MINITEX - ATTN MARY GARC
MINNEAPOLIS OXYGEN CO,
MINNESOTA AMBULANCE ASSO
MN CRIME PREVENTION ASSO
MN FIRE AGENCIES PURCHAS
MN POLLUTION CONTROL AGE
MN STATE FIRE CHIEFS ASS
MURZYN JR/DONALD J
NATOA
NEENAH FOUNDRY COMPANY
NEW LOOK CONTRACTING INC
NFPA INTERNATIONAL
NORTH METRO MAYORS ASSOC
NORTHEASTER
NORTHERN AIR
NORTHERN STAR COUNCIL
NORTHERN WATER WORKS SUP
OFFICE DEPOT
ONE-CALL CONCEPT-GOPHER
ONVOY INC
PATCHIN MESSNER & DODD I
PERFECTION TYPE INC
QUICKSILVER EXPRESS COUR
RETAIL DATA SYSTEMS OF M
RIVERSHORE READING STORE
ROSEDALE CHEV
RYDBERG/SCOTT
S & T OFFICE PRODUCTS IN
SAM'S CLUB
SCHELEN GRAY ELECTRIC
SHERWIN WILLIAMS
STAPLES BUSINESS ADVANTA
STAR TRIBUNE
STREICHER'S GUN'S INC/DO
SUBURBAN UTILITIES SUPTS
SUN PUBLICATION INC
TKDA, INC
TOUSLEY FORD
TROPHIES BY LINDA
120425
120426
120427
120428
120429
120430
120431
120432
120433
120434
120435
120436
120437
120438
120439
120440
120441
120442
120443
120444
120445
120446
120447
120448
120449
1204S0
1204S1
1204S2
1204S3
1204S4
12045S
120456
120457
120458
120459
120460
120461
120462
120463
120464
120465
120466
120467
120468
120469
120470
120471
CITY OF COLUMBIA HEIGHTS
GL540R-V06.74 PAGE 5
AMOUNT
65.27
95.00
1,95S.00
300.00
677.00
200.00
1,287.87
53.25
772.00
85.91
75.00
40.00
35.00
75.00
305.00
35.00
400.00
1,S91.00
939.07
697.S0
1,407.00
291. 60
801.88
203.00
116.39
856.05
111.35
59.99
5,000.00
42.50
17.71
2,218.S0
33.00
48.33
45.00
272.48
632.65
330.15
264.13
231.12
39.12
23.85
200.00
1,630.56
531.15
23.26
1S7.09
ACS FINANCIAL SYSTEM
02/08/2007 11
BANK
VENDOR
Check History
02/12/2007 COUNCIL LISTING
CHECK NUMBER
CITY OF COLUMBIA HEIGHTS
GLS40R-V06.74 PAGE 6
AMOUNT
BANK CHECKING ACCOUNT
TWIN CITIES TRANSPORT &
VALPAK OF MINNEAPOLIS/ST
VEIT COMPANY INC
VERIZON WIRELESS
VOSS LIGHTING
WERNER ELECTRIC SUPPLY C
120472
120473
120474
120475
120476
120477
414.29
800.00
185,341.70
117.59
42.49
45.92
3,372,995.81 ***
ACS FINANCIAL SYSTEM
02/08/2007 11
BANK
VENDOR
REPORT TOTALS:
CITY OF COLUMBIA HEIGHTS
GL540R-V06.74 PAGE 7
Check History
02/12/2007 COUNCIL LISTING
CHECK NUMBER
AMOUNT
3,372,995.81
RECORDS PRINTED - 001048
ACS FINANCIAL SYSTEM
02/08/2007 11:10:56
Check History
CITY OF COLUMBIA HEIGHTS
GL060S-V06.74 RECAPPAGE
GL540R
FUND RECAP:
FUND DESCRIPTION
101
201
225
240
261
265
270
340
376
378
385
387
388
389
401
411
415
418
420
431
436
601
602
603
604
609
631
632
634
652
701
720
881
884
885
887
DISBURSEMENTS
GENERAL
COMMUNITY DEVELOPMENT FUND
CABLE TELEVISION
LIBRARY
TWENTY-FIRST CENTURY GRANT
CONFISCATED/FORFEITED PROP
DARE PROJECT
GO IMPROV/REV BONDS 2006A
TAX INCREMENT BONDS
MEDTRONIC - TIF (N7)
MULTI-USE REDEVELOPMENT PLAN
G.O. IMPROVEMENT BOND 1999A
G 0 IMPROVE/REV BONDS 2003A
R8:TRANSITION BLK REDEVELOP
CAPITAL IMPROVEMENTS
CAPITAL IMP-GEN GOVT. BLDG
CAPITAL IMPRVMT - PIR PROJ
COMMUNITY CTR CAPITAL BLDG
CAP IMPROVEMENT-DEVELOPMENT
CAP EQUIP REPLACE-GENERAL
CAPITAL EQUIP REPLACE-LIQUOR
WATER UTILITY
SEWER UTILITY
REFUSE FUND
STORM SEWER UTILITY
LIQUOR
WATER FUND DEBT SERVICE
SEWER FUND DEBT SERVICE
STORM SEWER DEBT SERVICE
SEWER CONSTRUCTION FUND
CENTRAL GARAGE
DATA PROCESSING
CONTRIBUTED PROJECTS-REC
INSURANCE
PAYROLL FUND
FLEX BENEFIT FUND
69,501. 27
2,805.97
2,642.62
6,758.07
1,039.77
519.24
205.42
4,401.80
2,205.00
49,483.00
41.00
96,812.50
110,195.76
18,295.00
15,290.61
62,842.54
7,274.98
666.25
409,295.94
14,997.18
64.97
9,133.31
2,800.12
739.46
1,993.44
1,813,482.72
204,715.19
4,530.87
126,211.38
750.00
22,097.88
20,996.53
20,248.97
84,065.00
178,457.06
7,434.99
3,372,995.81
TOTAL ALL FUNDS
BANK RECAP:
BANK NAME
DISBURSEMENTS
ACS FINANCIAL SYSTEM
02/08/2007 11:10:56
Check History
CITY OF COLUMBIA HEIGHTS
GL060S-V06.74 RECAP PAGE
GL540R
BANK RECAP:
BANK NAME
DISBURSEMENTS
BANK CHECKING ACCOUNT
TOTAL ALL BANKS
3,372,995.81
3,372,995.81
CITY COUNCIL LETTER
Meeting of: February 12, 2007
AGENDA SECTION:
NO:
ORIGINATING DEPARTMENT:
CITY MANAGER'S
ITEM: PUBLIC HEARING-CABLE RATES
NO:
BY: LINDA L. MAG
DATE: February
On or about March 1, 2006, Comcast filed with the City Federal Communications Commission (FCC)
Form 1240, UUpdating Maximum Permitted Rates for Regulated Cable Services", purporting to set
forth and justify the maximum rate it could charge to subscribers in the City for basic
programming service, and FCC Form 1205, UDetermining Regulated Equipment and Installation
Costs, Equipment Form", purporting to set forth and justify the rates it could charge to
subscribers in the City for equipment and installation. The relevant rate period covered is
June 1, 2006 to May 31, 2007. It should be noted that Comcast adjusted its rates effective
February 1, 2007.
Basic programming consists of over-the-air broadcast stations, public, educational, and
government access channels, and any other programming Comcast chooses to add to its basic tier
of service. The City does not regulate the rates for any programming not carried on the basic
service tier, including (but not limited to) programming offered on a pay-per-channel or pay-
per-program basis. Under federal law, the rates for all programming not included in the basic
service tiers are unregulated.
The chart below reflects Comcast's actual rates since January 1, 2006, maximum permitted rates
as of June 1, 2006, and rates effective February 1, 2007.
Rates (Since Maximum Rates Effective
January 1, Permitted Rates February 1,
2006) Effective June 2007
1, 2006
Basic Service $ 9.10 $ 9.51 $ 9.10
Basic Only Receiver $ 1. 05 $ 1.14 $ 1. 00
Remote Control $ .15 $ .23 $ .10
Installation-Unwired Home $44.99 $45.10 $44.99
Installation-prewired Home $27.99 $29.35 $27.99
Installation-Additional Outlet $13 .49 $14.49 $13.99
Connect Ini tial
Installation-Additional Outlet- $19.99 $24.25 $19.99
Connect Separate
Other Install-Relocate Outlet $18.99 $19.41 $18.99
Uporade- Optional Services $15.49 $18.49 $15.49
Downorade- Optional Services $ 9.99 $15.32 $9.99
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of: February 12, 2007
AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S
NO: CITY MANAGER'S APPROVAL
ITEM: PUBLIC HEARING-CABLE RATES BY: LINDA L. MAGEE BY:
NO: DATE: February 2, 2007 DATE:
Page 2
As part of its ongoing rate proceeding, the City must hold a public hearing. At their meeting
of January 8, 2007, the City Council established a public hearing date of Monday, February 12,
2007, at 7:00 p.m. or as soon thereafter as possible. The purpose of the public hearing is to
provide interested persons with an opportunity to express their views on the basic service
programming and equipment rates and installation charges Comcast calculated in its March 2006
rate filing. Any comments furnished at the hearing may be considered by the City as it issues
appropriate rate orders, and will become part of the record in the City's proceeding. Notice
of the public hearing was published in the Focus Newspaper.
At the Telecommunications Commission meeting of January 18, 2007, Steve Guzzetta, the City's
telecommunications attorney, presented options from which the City may at this point in time
select in addressing Comcast's rate filing: (A) do nothing (the City would remain certified
to regulate rates and could review and act on future rate filings from Comcast) ; (B) perform
no review and issue rate orders preserving the City's rights to the extent possible (the City
would retain the right to look at underlying data, calculations and assumptions in the context
of a future rate filing). The Telecommunications Commission, by consensus of those present,
recommended that the City Council pursue Option B -issue rate orders preserving the City's
rights to the extent possible. The benefit of Option B is that the City would avoid the long
and expensive process associated with a detailed substantive review of Comcast's rate filing,
while still preserving certain fundamental rights. The drawback of this approach is that
Comcast may appeal any rate orders issued by the City to the Federal Communications
Commission. That said, the City is not required to respond to any appeal filed by Comcast.
Attached are two resolutions recommended for adoption by the City Council. Resolution 2007-18
is an order regarding the maximum permitted basic programming service rate set forth in the
Federal Communications Commission Form 1240 filed by Comcast on or about March I, 2006.
Adoption of the resolution would neither approve nor deny the maximum permitted rate for basic
cable service, as calculated in the 2006 FCC Form 1240, but would function as a basic service
rate ceiling during the relevant rate period and be utilized in future basic rate filings.
Resolution 2007-19 is an order regarding the maximum permitted equipment and installation
rates set forth in the Federal Communications Commission Form 1205 filed by Comcast on or
about March I, 2006. Adoption of the resolution would neither approve nor deny the maximum
permitted rates and charges for equipment and installation as calculated in the 2006 FCC Form
1205, but would function as a rate ceiling during the relevant rate period.
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of: February 12, 2007
AGENDA SECTION: PUBLIC HEARING ORIGINATING DEPARTMENT: CITY MANAGER'S
NO: CITY MANAGER'S APPROVAL
ITEM: PUBLIC HEARING--CABLE RATES BY: LINDA L. MAGEE BY:
NO: DATE: February 2, 2007 DATE:
Page 3
RECOMMENDED MOTION: Move to waive the reading of Resolution 2007-18, there being ample copies
available to the public.
RECOMMENDED MOTION: Move to adopt Resolution 2007-18, being an Order regarding the maximum
permitted basic programming service rate set forth in the Federal Communications Commission
Form 1240 filed by Comcast on or about March 1, 2006.
RECOMMENDED MOTION: Move to waive the reading of Resolution 2007-19, there being ample copies
available to the public.
RECOMMENDED MOTION: Move to adopt Resolution 2007 19, being an Order regarding the maximum
permitted equipment and installation rates set forth in the Federal Communications Commission
Form 1205 filed by Comcast on or about March 1, 2006.
COUNCIL ACTION:
RESOLUTION NO. 2007-18
ORDER REGARDING THE MAXIMUM PERMITTED BASIC PROGRAMMING
SERVICE RATE SET FORTH IN THE FEDERAL COMMUNICATIONS
COMMISSION FORM 1240 FILED BY COM CAST ON OR ABOUT MARCH 1,2006
WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984,47
U.S.c. S 543, as amended, the City of Columbia Heights, Minnesota (hereinafter the "City") is
permitted to regulate rates for basic cable service; and
WHEREAS, the City is certified as a rate regulation authority pursuant to rules of the
Federal Communications Commission (hereinafter "FCC"); and
WHEREAS, Comcast of Minnesota, Inc. (hereinafter "Comcast"), the local franchise
holder, filed with the City an FCC Form 1240 "Updating Maximum Permitted Rates for
Regulated Cable Services", on or about March 1, 2006, purporting to set forth and justify the
maximum rate it could charge to subscribers in the City for basic cable service (hereinafter the
"2006 FCC Form 1240"); and
WHEREAS, the City held a public hearing to solicit the views of interested persons
concerning the 2006 FCC Form 1240; and
WHEREAS, the rate set forth herein will govern Comcast's basic service rate until
Comcast lawfully implements a further rate change pursuant to applicable FCC regulations.
NOW, THEREFORE, the following is resolved:
1. Comcast's maximum permitted rate for basic cable service, as calculated in the
2006 FCC Form 1240, is neither approved nor denied, but may: (i) function as a basic service
rate ceiling during the relevant rate period; and (ii) be utilized in future basic service rate filings,
to the extent permitted by and consistent with FCC rules and decisions.
2. Comcast shall not charge any rate higher than the maximum permitted rate set
forth in the 2006 FCC Form 1240, nor increase that rate, unless such rate is first filed with and
approved by the City, in accordance with applicable law and regulations, including but not
limited to the notice requirements imposed by 47 C.F.R. S 76.1603, or as otherwise expressly
permitted under applicable law and regulations.
3. Comcast may charge rates less than the lawful maximum permitted rate for basic
service, as long as such rates are applied in a uniform and nondiscriminatory way, pursuant to
applicable federal, state and local laws and regulations. The City, however, shall not be deemed
to have approved such rates.
4. This Order is based on the representations made by Comcast in its 2006 FCC
Form 1240. Should information come to the City's attention that these representations were
inaccurate in any material way, the City reserves the right to take appropriate action. This Order
is not to be construed as a finding that the City has accepted as correct any specific entry,
explanation, calculation or rate in the 2006 FCC Form 1240.
5. The City reserves all of its rights with respect to rate regulation, including (but not
limited to): (i) the right to request and review data, and documents concerning the 2006 FCC
Form 1240 in order to determine the impact, if any, such data and documents have on rates
proposed in future basic service rate filings; (ii) the right to address issues raised in the 2006
FCC Form 1240 that are relevant to any City review of subsequent basic service rate filings; and
(iii) the right to request additional information concerning the 2006 FCC Form 1240 that is
relevant to any City review of subsequent basic service rate filings.
6. This Order constitutes a written decision for purposes of 47 C.F.R. S 76.936(a).
7. This Order shall be effective immediately upon its approval by the City.
8. This Order shall be released to the public and to Comcast, and a public notice
shall be published stating that this Order has been issued and is available for review, pursuant to
47 C.F.R. S 76.936(b).
Passed this _ day of February, 2007.
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
2
RESOLUTION NO. 2007-19
ORDER REGARDING THE MAXIMUM PERMITTED EQUIPMENT AND
INST ALLA TION RATES SET FORTH IN THE FEDERAL COMMUNICATIONS
COMMISSION FORM 1205 FILED BY COMCAST ON OR ABOUT MARCH 1,2006
WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984,47
U.S.C. S 543, as amended, the City of Columbia Heights, Minnesota (hereinafter the "City") is
permitted to regulate rates for equipment and installations; and
WHEREAS, the City is certified as a rate regulation authority pursuant to rules ofthe
Federal Communications Commission (hereinafter "FCC"); and
WHEREAS, Comcast Cable Communications, LLC (hereinafter "Comcast") filed with
the City an FCC Form 1205 "Determining Regulated Equipment and Installation Costs,
'Equipment Form'" (hereinafter the "2006 FCC Form 1205"), on or about March 1,2006,
purporting to set forth and justify the rates it could charge to subscribers in the City for
equipment and installations; and
WHEREAS, the City held a public hearing to solicit the views of interested persons
concerning the 2006 FCC Form 1205; and
WHEREAS, the rates set forth herein will govern Comcast's equipment rates and
installation charges until Comcast lawfully implements a further rate change pursuant to
applicable FCC regulations.
NOW, THEREFORE, the following is resolved:
1. Comcast's maximum permitted rates and charges for equipment and installation,
as calculated in the 2006 FCC Form 1205, are neither approved nor denied, but may function as
a rate ceiling during the relevant rate period.
2. Comcast shall not charge any rates higher than the applicable maximum permitted
rates set in the 2006 FCC Form 1205 nor increase those rates, unless such rates are first filed
with and approved by the City, in accordance with applicable law and regulations, including but
not limited to the notice requirements imposed by 47 C.F.R. S 76.1603, or as otherwise expressly
permitted under applicable law and regulations.
3. Comcast may charge rates less than the lawful maximum permitted rates for
equipment and installation, as long as such rates are applied in a uniform and nondiscriminatory
way, pursuant to applicable federal, state and local laws and regulations. The City, however,
shall not be deemed to have approved such rates.
4. This Order is based on the representations made by Comcast in its 2006 FCC
Fonn 1205. Should information come to the City's attention that these representations were
inaccurate in any material way, the City reserves the right to take appropriate action. This Order
is not to be construed as a finding that the City has accepted as correct any specific entry,
explanation, calculation or rate in the 2006 FCC Form 1205.
5. The City reserves all of its rights with respect to rate regulation, including (but not
limited to): (i) the right to request and review data, and documents concerning the 2007 FCC
Form 1205 in order to determine the impact, if any, such data and documents have on rates
proposed in future equipment and installation rate filings; (ii) the right to address issues raised in
the 2006 FCC Form 1205 that are relevant to any City review of subsequent equipment and
installation rate filings; and (iii) the right to request additional information concerning the 2006
FCC Form 1205 that is relevant to any City review of subsequent equipment and installation rate
filings.
6. This Order constitutes a written decision for purposes of 47 C.F.R. S 76.936(a).
7. This Order shall be effective immediately upon its approval by the City.
8. This Order shall be released to the public and to Comcast, and a public notice
shall be published stating that this Order has been issued and is available for review, pursuant to
47 C.F.R. S 76.936(b).
Passed this _ day of February, 2007.
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
2
CITY COUNCIL LETTER
Meeting of: 2/12/07
AGENDA SECTION: PUBLIC HEARING
NO:
ORIGINATING DEPARTMENT: CITY MANAGER
PUBLIC WORKS
ITEM: LEVY HEARING FOR 233 42ND AVE:
RESOLUTION ADOPTING LEVY FOR 2006 STREET
REHABILITATION PROJECT
BY: K. Young
DATE: 2/7/07
Background:
The Zone 7B and IA street improvement projects (full and partial street reconstruction and mill and overlay) were approved on
March 6 and June 5, 2006, as part of the City's comprehensive Street Rehabilitation program. The project was substantially
complete, including a mill and overlay on 42nd A venue from 2nd Street to 3rd Street. For the Improvement Hearing and Assessment
Hearing, mailed notices were sent to the owner of PIN 35-30-24-23-0161, address 233 42nd A venue. Staff received a telephone
call at the end of October that PIN 35-30-24-23-0161 was actually a landlocked piece of property next to the building at 233 42nd
A venue. Staff verified the information and removed PIN 35-30-24-23-0161 from the assessments certified to Anoka County. The
purpose of this hearing is to assess the correct parcel and owner of233 42nd Avenue for their portion of the mill and overlay on 42nd
A venue.
Attached are: Resolution adopting the proposed assessment, Map identirying the assessment area, Assessment roll, and Notice of
public hearing. (At the request of the property owner, the hearing was continued from January 8, 2007 to February 12,2007.)
Analysis/Conclusions:
The final assessment rates are equal to the rates adopted at the Assessment hearing in October. Specifically, the final rates
of the assessment are shown below.
Construction Type ~
Mill ami Overlay
Term of the assessment is 10 years.
Final
Assessment Rate
Residential Street Rate
Residential A venue Rate
$1,098.00/Parcel
$ 366.00/Parcel
Non-residential Street Rate
Non-residential Avenue Rate
$1,29 I .77 /Parcel
$ 430.59/Parcel
As part of the Levy Hearing, the City Council established the interest rate at 6% prior to levying the assessment. The same interest
rate is proposed for this assessment.
Recommended Motion: Move to close the Public Hearing and to waive the reading of Resolution No. 2007-22, there being
ample copies available to the public.
Recommended Motion: Move to adopt Resolution No. 2007-22 being a resolution adopting assessment roll for 233 42nd Ave as
part of the Street Rehabilitation project.
Attachment:
Resolution
Project Map
List of Special Assessment by PIN Number
Notice of Pub I ic Assessment Hearing
COUNCIL ACTION:
CITY OF COLUMBIA HEIGHTS
ANOKA COUNTY, MINNESOTA
RESOLUTION NO. 2007-22
RESOLUTION LEVYING AND ADOPTING THE ASSESSMENT FOR 233 42nd A VENUE
PROJECT NO. 0502, ZONE 7B STREET REHABILITATION
Adopting assessment roll according to the City Charter for the following local improvements and determining that said improvements
have been made and ratifYing and conforming all other proceedings, heretofore had: Special Assessments numbered 2006-Z7-44-002,
Mill and Overlay on 42nd Avenue, 2nd Street to 3rd Street, specifically 233 42nd Avenue, in Project 0502 - Zone 7B.
WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 o'clock p.m. on the 12th day of February, 2007,
in the City Council Chamber, 590 40th Avenue N.E., Columbia Heights, Minnesota, being the time and place set when and where all
persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the
local improvements above described, a notice of such hearing having been heretofore duly published as required by law, and a notice
mai led to each property owner of record, stating the proposed amount of the assessment; and,
WHEREAS, this Council has heretofore estimated and fixed the cost of such local improvements and has prepared an assessment roll
therefore,
Section I.
THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES:
Section 2:
Section 3:
Section 4:
Section 5:
That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for
Local Improvements" 2006-Z7-44-002, Project 0502.
That this Council hereby finds and determines that each ofthe parcels ofland enumerated in said assessment roll
was and is especially benefited by such improvement in an amount not less than the amount set opposite in the
column headed "Assessment Amount". And this Council further finds and determines that the proper proportion of
the cost of such improvements to be especially assessed against such lot or parcel ofland is the amount set opposite
the description of each such lot or parcel ofland respectively in said assessment roll.
That said assessments may be paid in part or in full without interest on or before March 14th, 2007. Any unpaid
amount will be certified to Anoka County for collection with the real estate taxes beginning with the taxes payable
in the year 2008. The annual principal installments, together with 6% accrued on the unpaid balance are due and
payable with the real estate taxes for a period often years as designated on the assessment roll.
That this Council did hereby determine and re-determine to proceed with said improvement, does ratifY and confirm
all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known
and numbered as Local Improvement numbered 2006-Z7-44-002, Project 0502.
This resolution shall take effect immediately upon its passage.
Passed this I th day of February, 2007
Offered by:
Seconded by:
Roll Call:
Attest:
Mayor, Gary Peterson
Patricia M uscovitz, Deputy City Clerk
J C 4302 \ 4jUl ..~.....
4300 City of
43RD 4259 4333 Columbia
4256
4258 4253 4252 PROPOSED
55 4254 RE-ASSESSMENT
4247 233 42ND AVE
4250 J- 4248 J-
49 en en
4242 4241 LEGEND
43 4242 PIN
35-30-24-23-0161
4236 4237
29
~ 4233 4232
25 I'\)
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~ 4221
:21
'~~~.~ 4218 0 4215 0
z ~ 0::
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~ 4212 N I'\) 0 ("f)
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241
~O 4200 4201
CITY OF COLUMBIA HEIGHTS
42ND " GIS I ENGINEERING DEPARTMENT
w " Map Date: December, 2006
" Map Author: KYoung
('
City of Columbia Heights
590 40th Avenue NE
Coiumbia Heights, MN 55421-3878
(763) 706-3700
(763) 706-3701
www.ci.columbia-heights.mn.us
Actual Assessment Amounts (summary)
Project 2006-Z7-44-002 Zone 7 MILL & OVERLAY
Assessment Term (Years): 10 Proposed Interest Rate: 6.000%
PIN Address Actual Assessment Amount
-~"-,~-,-~"'-- -",,---"'-_. ~----~--
35-30-24-23-0162 UNASSIGNED SITUS $ 242.85
35-30-24-23-0163 UNASSIGNED SITUS $ 242.85
35-30-24-23-0164 UNASSIGNED SITUS $ 242.85
35-30-24-23-0165 UNASSIGNED SITUS $ 242.85
35-30-24-23-0166 UNASSIGNED SITUS $ 242.85
35-30-24-23-0167 UNASSIGNED SITUS $ 242.85
35-30-24-23-0168 UNASSIGNED SITUS $ 242.85
35-30-24-23-0169 UNASSIGNED SITUS $ 242.85
35-30-24-23-0170 UNASSIGNED SITUS $ 242.85
35-30-24-23-0171 UNASSIGNED SITUS $ 242.85
35-30-24-23-0172 UNASSIGNED SITUS $ 242.85
35-30-24-23-0173 UNASSIGNED SITUS $ 242.85
35-30-24-23-0174 UNASSIGNED SITUS $ 242.85
35-30-24-23-0175 UNASSIGNED SITUS $ 242.85
35-30-24-23-0176 UNASSIGNED SITUS $ 242.85
35-30-24-23-0177 UNASSIGNED SITUS $ 242.85
35-30-24-23-0178 UNASSIGNED SITUS $ 242.85
Project 2006Z744002 Zone 7 MILL & OVERLAY
Page
PIN
35-30-24-23-0179
35-30-24-23-0180
35-30-24-23-0181
Project
Address
Actual Assessment Amount
UNASSIGNED SITUS
$ 242,85
UNASSIGNED SITUS
$ 242.85
UNASSIGNED SITUS
$ 242.85
Page 2
CITY OF COLUMBIA HEIGHTS
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of Columbia Heights, Minnesota has determined the following Public Hearing be
held on Monday, January 8, 2007, at 7:00 P.M. in the City Council Chamber, 590 40th Avenue N.E. to consider:
Project 2006-Z7-44-002, Street Mill and Overlay on 42nd Avenue NE, Construction Project 0502
TOTAL AMOUNT OF PROPOSED ASSESSMENTS:
The amount of the proposed assessments for the improvements and appurtenances are as follows:
Mill and Overlay
233 42nd Avenue
Assess 10 years at 6% interest
$4,857.
PARCELS PROPOSED TO BE ASSESSED:
Said mill and overlay is to be considered pursuant to Minnesota Statutes, Chapters 429. The construction is to be specially
assessed on a unit basis against properties abutting 42nd A venue and listed below. The parcel numbers represent the tax parcel
identification numbers. To find your tax parcel number, check your real estate tax statement. Persons desiring to be heard with
reference to the installation will be heard at said time and place of the public hearing. Written or oral objections will be
considered at the public hearing.
35-30-24-23-0162
35-30-24-23-0163
35-30-24-23-0 I 64
35-30-24-23-0 I 65
35-30-24-23-0166
35-30-24-23-0167
35-30-24-23-0168
35-30-24-23-0169
35-30-24-23-0170
35-30-24-23-0171
35-30-24-23-0172
35-30-24-23-0173
35-30-24-23-0174
35-30-24-23-0175
35-30-24-23-0176
35-30-24-23-0177
35-30-24-23-0178
35-30-24-23-0179
35-30-24-23-0180
35-30-24-23-018 I
ASSESSMENT ROLL AVAILABLE FOR INSPECTION
The proposed assessment roll is now on file for public inspection at the City of Columbia Heights Clerk's Office, 590 40th
A venue NE, Columbia Heights, Minnesota. You are invited to examine the assessment roll prior to the hearing during business
hours; no appointments are necessary. The assessment roll will also be available for examination at the hearing.
OBJECTIONS AND APPEALS
Written and oral objections will be considered at the hearing. The City Council may adopt the assessments at the hearing or at
a subsequent meeting. Minnesota Statute, Section 429.061, states that no appeal may be taken as to the amount of the
assessment unless a written objection, signed by the affected property owner, is filed with the municipal clerk prior to the
assessment hearing or presented to the presiding officer at the hearing. An owner may appeal an assessment to the District
Court pursuant to Minnesota Statute, Section 429.08 I, by serving notice of the appeal upon the Mayor or the Clerk of the City
within thirty (30) days after the adoption of the assessment and filing such notice with the District Court within (I 0) days after
service upon the Mayor or the Clerk.
AUTHORITY TO SPECIALLY ASSESS
The proposed assessments are to be levied pursuant to Minnesota Statutes, Chapter 429. The improvements are proposed to be
assessed on an area, lot or frontage basis, or combination ofthese methods against properties abutting or tributary to said
improvements. The areas, parcels, lots and pieces of property, as specifically described herein, are subject to said assessments.
The amounts set forth in this Notice are the proposed final assessments. The City Council may levy and adopt special
assessments that are the same or different than the proposed amounts.
PAYMENTS OF SPECIAL ASSESSMENTS
Once the special assessments are levied and adopted, the special assessments will be certified to the Anoka County Auditor to
be extended on the property tax lists for collection with real estate taxes. Prior to this certification, however, the property
owner may prepay a portion of or the entire amount ofthe special assessments without any interest thereon provided the
prepayment is received within 30 days after levy and adoption of the special assessments by the City Council. If the property
owner wishes to prepay the special assessments without any interest, then such payment must be made to the City of Columbia
Heights at City Hall, 590 - 40th Avenue NE, Columbia Heights, Minnesota 5542 I.
If prepayment is not received within thirty (30) days after the special assessments are levied and adopted by the City Council,
then:
(a) The annual principal installments, together with interest accrued on the unpaid balance, are due and payable together
with real estate taxes.
(b) Interest on the entire special assessments, from the date of levy to December 3151 of the year in which the first
installment is payable, is added to the first principal installment. The first installment will be due and payable in 2008.
(c) If in the future the property owner wishes to pay off the remaining balance of the assessments, then Minnesota Statute,
Section 429.061, Subdivision 3, provides that such payment may be made to the City of Columbia Heights, together
with interest accrued to December 31 st of the year in which payment is made as long as payment is made prior to
November 15th; if the payoff occurs after November 15th, then interest for the next year is also added. Partial
payment of the special assessments is not allowed by the City; the payment must be for the entire amount of the special
assessments.
If the adopted assessments differ from the proposed assessments as to any particular lot, piece or parcel of land, then the City
will mail to the owner a notice stating the amount of the adopted assessments. Owners will also be notified, by mail or at the
assessment hearing, if the City Council adopts any changes in the interest rate or prepayment requirements from those contained
in this Notice of Hearing.
ACCOMODA TIONS
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 handicapped
persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council
Secretary at 763-706-36 I] to make arrangements. (TDDI763-706-3692 for deaf only.)
CITY OF COLUMBIA HEIGHTS
WALTER FEHST
CITY MANAGER
Published in Focus on December 21 and December 28, 2006
COLUMBIA HEIGHTS CITY COUNCIL LETTER
Meetin
12,2007
CITY MANAGER'S
APPROV AL
AGENDA SECTION: Items for Consideration
Other Ordinances and Resolutions
NO:
ORIGINATING DEPARTMENT:
Community Development
ITEM: 2nd Reading: Approval of Ordinance
1521, Rezoning of a Portion of the Property at
Lot 124 A, Block 1, Huset Park from MXD to R-
2A.
BY: Jeff Sargent, City Planner
DA TE: February 7, 2007 ~
BACKGROUND
At this time, the Huset Park Development Corporation is proposing to rezone the western IS-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 Parle This land would be sold to the property owners at 525 - 38th A venue 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, Huset 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 adopt Ordinance No. 1521, being an Ordinance pertaining to the rezoning ofthe property located
at Lot 124A, Block 1, Huset Park.
Att I
t D fi 0 d'
1521 P ZR
ac lInen s: rat r mance , + eport, szte map
COUNCIL ACTION:
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 recognizes that the MXD, Mixed Use Development zoning 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 R-2A, 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:
Date of Passage:
Offered by:
Seconded by:
Roll Call:
Gary Peterson, Mayor
Patricia Muscovitz, Deputy City Clerk
CITY OF COLUMBIA HEIGHTS
PLANNING REPORT
CASE NUMBER:
2007-0102
DATE:
January 3. 2007
TO:
Columbia Heights Planning Commission
APPLICANT:
Huset Park Development Corporation
LOCATION:
Lot 124A, Block 1, Huset Park
REQUEST:
Rezoning of Parcel, Minor Subdivision
PREPARED BY:
Jeff Sargent, City Planner
INTRODUCTION
At this time, the Huset Park Development Corporation is proposing a minor subdivision
located at Lot 124A, Block 1, Huset Park, to correct encroachments onto this property
from the adjacent single-family residence located at 525 - 38th Avenue. 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 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 current zoning classification for the Huset Park Development Corp property is MXD.
Mixed Use Development. The 15-foot strip of land will be rezoned to R-2A, One and
Two Family Residential, to be consistent with the zoning classification of the property at
525 - 38th Avenue
PLANNING CONSIDERATIONS
Comprehensive Plan
The Comprehensive Plan designates the Huset Park Development Corp property as
Transit Oriented Development. The parcel located at 525 - 38th Avenue is designated
as Medium Density Residential in the Comprehensive Plan. Staff deferred to the
Metropolitan Council to determine whether the Huset Park Development Corporation
City of Columbia Heights Planning Commission
Lot 124A, Block 1, Huset Park
January 3, 2007
Case # 2007-0102
parcel would need a Comprehensive Plan Amendment in order to rezone the property
to R-2A. The City's sector representative at the Met Council determined that the Transit
Oriented Development and the Medium Density Residential classifications allowed the
same types of uses. For this reason, the Comprehensive Plan would not need to be
amended.
The use of the land as a single-family residential parcel is consistent with the underlying
Comprehensive Plan guidance.
Zoning Ordinance
The minimum lot width requirement for parcels in the R-2A District is 60 feet, and the
minimum lot area requirement is 6,500 square feet. Currently, the property located at
525 - 38th Avenue is 35 feet wide and 4,620 square feet in area. When the lot split is
complete, the property will be 50 feet wide and 6,600 square feet in area.
FINDINGS OF FACT
Zoning Amendment
Section 9.014 (F) of the Zoning Ordinance outlines 4 required findings that must be met
in order for the City Council to approve a Zoning Amendment. They are as follows:
a) The amendment is consistent with the Comprehensive Plan.
The Metropolitan Council made the determination that the R-2A District is consistent
with the Transit Oriented Development classification. The strip of land subdivided
from the Huset Park Development Corp property will be rezoned to R-2A.
b) The amendment is in the public interest and is not solely for the benefit of a
single property owner.
The proposed zoning amendment is needed in order to keep the zoning
classification of the current property at 525 - 38th A venue and the zoning
classification of the piece of land they will receive consistent. There is no benefit to
either the public or the single-family property owner of the proposed zoning
amendment.
c) Where the amendment is to change the zoning classification of a particular
property, the existing use of the property and the zoning classification of property
within the general area of the property in question are compatible with the
proposed zoning classification.
The existing use of the property to be rezoned is common area for the Schafer
Richardson I Ryland Homes townhouse development. The property will be rezoned
Page 2
City of Columbia Heights Planning Commission
Lot 124A, Block 1, Huset Park
January 3, 2007
Case # 2007-0102
to match the current zoning classification of the property to the east, R-2A. The use
of the property at 525 - 38th Avenue is a single-family home. The R-2A District is
compatible with this use.
d) Where the amendment is to change the zoning classification of a particular
property, there has been a change in the character or trend of development in
the general area of the property in question, which has taken place since such
property was placed in its current zoning classification.
The necessity of the rezoning of the 15-foot strip of land from MXD, Mixed Use
Development to R-2A, One and Two Family Residential is to correct an
encroachment issue that has been in place since the construction of the house at
525 - 38th A venue. Prior to the Huset Park Development Corporation parcel being
zoned MXD, it was zoned I, Industrial. The trend in the area has been
redevelopment, creating a new housing stock in the City. Correcting minor property
line issues is consistent with the overall redevelopment plan for the area.
FINDINGS OF FACT
Minor Subdivision
Section 9.104 (J) of the Zoning Ordinance outlines 8 required findings that must be met
in order for the City to grant a minor subdivision (lot split). They are as follows:
a) The proposed subdivision of land will not result in more than three lots.
The proposed subdivision will not create any new lots. The recombination
subdivision will split of a 15-foot section of one property and give it to another.
b) The proposed subdivision of land does not involve the vacation of existing
easements.
No existing easements will be vacated as a result of this subdivision.
c) All lots to be created by the proposed subdivision conform to lot area and width
requirements established for the zoning district in which the property is located.
No new lots will be created as a result of the minor subdivision.
d) The proposed subdivision does not require the dedication of public rights-of-way
for the purpose of gaining access to the property.
No public rights-of-way will be dedicated for the purpose of gaining access to the
property.
Page 3
City of Columbia Heights Planning Commission
Lot 124A, Block 1, Huset Park
January 3, 2007
Case # 2007-0102
e) The property has not previously been divided through the minor subdivision
provisions of this article.
This property has not been previously subdivided.
f) The proposed subdivision does not hinder the conveyance of land.
The conveyance of the land will not be hindered by the minor subdivision.
g) The proposed subdivision does not hinder the making of assessments or the
keeping of records related to assessments.
This is an accurate statement.
h) The proposed subdivision meets all of the design standards specified in Section
9.114.
The proposed subdivision meets all the design standards for minor subdivisions
executed in the City of Columbia Heights.
RECOMMENDA liONS
City Staff recommends the Planning Commission recommend that the City Council
approve the minor subdivision with the following condition:
1. All application materials, maps, drawings and descriptive information submitted
with this application shall become part of the permit.
City Staff recommends that the Planning Commission recommend that the City Council
approve the rezoning of the 15-foot parcel of land from MXD, Mixed Use Development
to R-2A, One and Two Family Residential.
Attachments: Draft Ordinance, Draft Resolution, Location Map, Property survey.
Page 4
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Orawing File: 04-898- 715 .OWG
Project No. 04-898-L
I hereby certify that this survey, p:an or report was prepored by
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Phone: (952) 933-0972
Fax: (952) 933-1153
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Kisch, MN License No. 23968 Date
Drawing Fiia: 04-S9S-715.DWG
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( KVUSISTO LTD )
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Duluth, MN.
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Phone: (952) 933-0972
Fax: (952) 933-1153
VI/WW. rlk-kuusisto.com
6110 Blue Circle Dr. . Suite #100 . Minnetonka. MN. 55343
COLUMBIA HEIGHTS CITY COUNCIL LETTER
Meeting of: January 22, 2007
AGENDA SECTION: Items for Consideration
Other Ordinances and Resolutions
NO: J)
ORIGINATING DEPARTMENT:
Community Development
CITY MANAGER'S
APPROV AL
ITEM: Case No. 2007-0102. Approval of a
Minor Subdivision located at Lot 124A, Block 1,
Huset Park.
BY: Jeff Sargent, City Planner
DATE: January 17,2007
BY:
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 1 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 A venue to correct the
encroachment issues.
The propeliy 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 Resolution 2007-21, there being ample copies available to the public.
Move to approve Resolution No. 2007-21, approving a minor subdivision at Lot 124A, Block 1, Huset
Park, subject to the conditions stated in the Resolution.
Attachments' Draft Resolution 2007-21, P+Z Report, site map
COUNCIL ACTION:
RESOLUTION NO. 2007-21
RESOLUTION APPROVING A MINOR SUBDIVISION
WITH CERTAIN CONDITIONS FOR HUSET PARK DEVELOPMENT CORP.
WHEREAS, a proposal (Case No. 2007-0102) has been submitted by the Huset Park Development
Corp. to the City Council requesting a minor subdivision from the City of Columbia Heights
Subdivision Code at the following site:
ADDRESS: Lot 124A, Block 1, Huset Park
EXISTING LEGAL DESCRIPTION: Lot 124A, Block 1, Huset Park
PROPOSED LEGAL DESCRIPTION: Lot 124A, Block 1, Huset Park
THE APPLICANT SEEKS APPROVAL OF A MINOR 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 proposed subdivision of land will not result in more than three lots.
2. The proposed subdivision of land does not involve the vacation of existing easements.
3. All lots to be created by the proposed subdivision conform to lot area and width requirements
established for the zoning district in which the property is located.
4. The proposed subdivision does not require the dedication of public rights-of-way for the
purpose of gaining access to the property.
5. The property has not previously been divided through the minor subdivision provisions of
this article.
6. The proposed subdivision does not hinder the conveyance of land.
7. The proposed subdivision does not hinder the making of assessments or the keeping of
records related to assessments.
8. The proposed subdivision meets all of the design standards specified in the S9.114.
Resolution No. 2006-21
2
FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information
shall become part of this subdivision approval.
CONDITIONS:
1. All application materials, maps, drawings and descriptive information submitted with this
application shall become part of the permit.
Passed this _ day of February 2007
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
CITY OF COLUMBIA HEIGHTS
PLANNING REPORT
CASE NUMBER:
2007 -0102
DATE:
January 3, 2007
TO:
Columbia Heights Planning Commission
APPLICANT:
Huset Park Development Corporation
LOCATION:
Lot 124A, Block 1, Huset Park
REQUEST:
Rezoning of Parcel, Minor Subdivision
PREPARED BY:
Jeff Sargent, City Planner
INTRODUCTION
At this time, the Huset Park Development Corporation is proposing a minor subdivision
located at Lot 124A, Block 1, Huset Park, to correct encroachments onto this property
from the adjacent single-family residence located at 525 - 38th Avenue. 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 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 current zoning classification for the Huset Park Development Corp property is MXD,
Mixed Use Development. The 15-foot strip of land will be rezoned to R-2A, One and
Two Family Residential, to be consistent with the zoning classification of the property at
525 - 38th Avenue
PLANNING CONSIDERATIONS
Comprehensive Plan
The Comprehensive Plan designates the Huset Park Development Corp property as
Transit Oriented Development. The parcel located at 525 - 38th Avenue is designated
as Medium Density Residential in the Comprehensive Plan. Staff deferred to the
Metropolitan Council to determine whether the Huset Park Development Corporation
City of Columbia Heights Planning Commission
Lot 124A, Block 1, Huset Park
January 3, 2007
Case # 2007-0102
parcel would need a Comprehensive Plan Amendment in order to rezone the property
to R-2A. The City's sector representative at the Met Council determined that the Transit
Oriented Development and the Medium Density Residential classifications allowed the
same types of uses. For this reason, the Comprehensive Plan would not need to be
amended.
The use of the land as a single-family residential parcel is consistent with the underlying
Comprehensive Plan guidance.
Zoning Ordinance
The minimum lot width requirement for parcels in the R-2A District is 60 feet, and the
minimum lot area requirement is 6,500 square feet. Currently, the property located at
525 - 38th Avenue is 35 feet wide and 4,620 square feet in area. When the lot split is
complete, the property will be 50 feet wide and 6,600 square feet in area.
FINDINGS OF FACT
Zoning Amendment
Section 9.014 (F) of the Zoning Ordinance outlines 4 required findings that must be met
in order for the City Council to approve a Zoning Amendment. They are as follows:
a) The amendment is consistent with the Comprehensive Plan.
The Metropolitan Council made the determination that the R-2A District is consistent
with the Transit Oriented Development classification. The strip of land subdivided
from the Huset Park Development Corp property will be rezoned to R-2A.
b) The amendment is in the public interest and is not solely for the benefit of a
single property owner.
The proposed zoning amendment is needed in order to keep the zoning
classification of the current property at 525 - 38th A venue and the zoning
classification of the piece of land they will receive consistent. There is no benefit to
either the public or the single-family property owner of the proposed zoning
amendment.
c) Where the amendment is to change the zoning classification of a particular
property, the existing use of the property and the zoning classification of property
within the general area of the property in question are compatible with the
proposed zoning classification.
The existing use of the property to be rezoned is common area for the Schafer
Richardson / Ryland Homes townhouse development. The property will be rezoned
Page 2
City of Columbia Heights Planning Commission
Lot 124A, Block 1, Huset Park
January 3, 2007
Case # 2007-0102
to match the current zoning classification of the property to the east, R-2A. The use
of the property at 525 - 38th A venue is a single-family home. The R-2A District is
compatible with this use.
d) Where the amendment is to change the zoning classification of a particular
property, there has been a change in the character or trend of development in
the general area of the property in question, which has taken place since such
property was placed in its current zoning classification.
The necessity of the rezoning of the 15-foot strip of land from MXD, Mixed Use
Development to R-2A, One and Two Family Residential is to correct an
encroachment issue that has been in place since the construction of the house at
525 - 38th A venue. Prior to the Huset Park Development Corporation parcel being
zoned MXD, it was zoned I, Industrial. The trend in the area has been
redevelopment, creating a new housing stock in the City. Correcting minor property
line issues is consistent with the overall redevelopment plan for the area.
FINDINGS OF FACT
Minor Subdivision
Section 9.104 (J) of the Zoning Ordinance outlines 8 required findings that must be met
in order for the City to grant a minor subdivision (lot split). They are as follows:
a) The proposed subdivision of land will not result in more than three lots.
The proposed subdivision will not create any new lots. The recombination
subdivision will split of a 15-foot section of one property and give it to another.
b) The proposed subdivision of land does not involve the vacation of existing
easements.
No existing easements will be vacated as a result of this subdivision.
c) All lots to be created by the proposed subdivision conform to lot area and width
requirements established for the zoning district in which the property is located.
No new lots will be created as a result of the minor subdivision.
d) The proposed subdivision does not require the dedication of public rights-of-way
for the purpose of gaining access to the property.
No public rights-of-way will be dedicated for the purpose of gaining access to the
property.
Page 3
City of Columbia Heights Planning Commission
Lot 124A, Block 1, Huset Park
January 3, 2007
Case # 2007-0102
e) The property has not previously been divided through the minor subdivision
provisions of this article.
This property has not been previously subdivided.
f) The proposed subdivision does not hinder the conveyance of land.
The conveyance of the land will not be hindered by the minor subdivision.
g) The proposed subdivision does not hinder the making of assessments or the
keeping of records related to assessments.
This is an accurate statement.
h) The proposed subdivision meets all of the design standards specified in Section
9.114.
The proposed subdivision meets all the design standards for minor subdivisions
executed in the City of Columbia Heights.
RECOMMENDA TIONS
City Staff recommends the Planning Commission recommend that the City Council
approve the minor subdivision with the following condition:
1. All application materials, maps, drawings and descriptive information submitted
with this application shall become part of the permit.
City Staff recommends that the Planning Commission recommend that the City Council
approve the rezoning of the 15-foot parcel of land from MXD, Mixed Use Development
to R-2A, One and Two Family Residential.
Attachments: Draft Ordinance, Draft Resolution, Location Map, Property survey.
Page 4
Lot 124 A
Encroachment Detail
August 31, 2006
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( INCORPORATED )
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Duluth. MN
Ham Lake, MN
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Minnotonli, MN
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pax; 952 933 1153
www.rlkinc.com
6110 Blue Circle Drive. Suite 100. :M:innetonh, MN 55343
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November 10, 2005
Phone: (952) 933-0972
Fax: (952) 933-1153
www.rlk-kuuslsto.com
6110 Blue Circle Dr.-Suite #100 oMinnetonka, MN. 55343
Kurt M. Kisch, MN License No. 23968 Date
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Land S r un~r ~w 0 the State of Minnesota.
If't' ~~ November 2005
Kisch, MN License No. 23968 Date
SCHAFER
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Phone: (952)933-0972
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www.rlk-kuusisto.com
6110 Blue Circle Dr. . Suite #100 .Minnetonka, MN. 55343
CITY COUNCIL LETTER
Meeting of:
February 12, 2007
AGENDA SECTION: Public Hearings
ORIGINATING DEPARTMENT:
Fire
CITY
MANAGER
APPROV AL
No.
ITEM:
Ordinance Change
BY: Gary Gorman
BY:
No:
DATE: February 5, 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 celiified or registered mail. A large
percent of celiified mail comes back unclaimed. This language will be changed. The Police
Depaliment 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/ConcIusions: The change in how hearing notices are sent will speed up the
process and provide the cost saving of certified 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 adopt Ordinance No. 1520, being an ordinance
amending Chapter 8, Aliicle II of the City Code of the City of Columbia Heights pertaining
to public nuisances.
COUNCIL ACTION:
ORDINANCE NO. 1520
BEING AN ORDINANCE AMENDING CHAPTER 8, ARTICLE 11,
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 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, comfort 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 \vaters used by the public; or
(C) Is guilty of ~ny 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;
(0) The pollution of any public well or cistem, 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;
(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 offensiye 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 ofill fame and bawdy houses;
(D) All places where intoxicating liquor is manufactured or disposed of in violation
oflaw or where, in violation oflaw, 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 oflaw, 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.
~ 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 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) Obstructions 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 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
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 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 uncoyered 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) 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-
~ 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 o/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 o/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 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 proYided 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 terminated 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; 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 detenl1ine 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
ofthe 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 determine 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 terminated 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) 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. ~ 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 detemline 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 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 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, comfort 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.
~ 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 cOI:lstitute 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;
(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;
(J) 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-
~ 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.
~ 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 of trees 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 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;
(H) All hanging signs, awnings and other similar stmctures 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
of a 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
Fridav. 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
anv drawing. inscription. figure or mark upon a structure. wall. rock. bridge.
building. fence. gate. roadway. tree or other real or personal property. either
privatelv or publicly owned.
ts1 (1) 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 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 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 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 terminated or abated. The notice of violation shaH 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 reliefby serving a copy of the City Council order and notice of motion for
summary enforcement.
(C) Emergency procedure; Sll1nmalY 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 detelmine 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 ofthe 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 determine 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 terminated 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.
9 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 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. g 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 Februarv 12,2007
NO:
ITEM:
Adopt Resolution For
Revocation
BY:
Gary Gorman
CITY
MANAGER
APPROVAL
BY;/(,
DATE:
AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT:
Fire
DATE: February 5,2007
NO: 2007-23
Revocation of the license to operate a rental unit within the City of Columbia Heights is
requested against Ban Properties regarding rental property at 4801 Grand Avenue N .E. for
failure to meet the requirements of the Residential Maintenance Codes.
RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of
Resolution No.2007-23, there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2007-23, 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 Ban Properties
regarding rental property at 4801 Grand Avenue N.E.
COUNCIL ACTION:
RESOLUTION 2007-23
Resolution of the City Council for the City of Columbia Heights approving revocation
pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential
rental license held by Ban Properties (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 4801 Grand Avenue
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 January 22,2007 of an public hearing to be held on February
12,2007.
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 7, 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 January 22, 2007, 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:
a. Failure to submit a rental1icense application.
b. Failure to schedule a rentallicense 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 In 5A.306 and 5A.303(A).
ORDER OF COUNCIL
1. The rentallicense belonging to the License Holder described herein and identified by
license number U4801 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
Offered by:
Second by:
Roll Call:
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
2007
Mayor Gary L. Peterson
CITY COUNCIL LETTER
Meeting of February 12, 2007
AGENDA SECTION: Resolutions
ORIGINATING DEPARTMENT:
Fire
CITY
MANAGER
APPROV A
By:!J4
NO:
ITEM:
Adopt Resolution For
Revocation
BY: Gary Gorman
DATE: February 5,2007
DATE:
NO: 2007-24
Revocation of the license to operate a rental unit within the City of Columbia Heights is
requested against L & P Asset Holding LLC regarding rental property at 4502 Washington
Street N.E. for failure to meet the requirements of the Residential Maintenance Codes.
RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of
Resolution No.2007-24, there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2007-24, Resolution of the
City Council of the City of Columbia Heights approving revocation pursuant to City Code,
Chapter 5A, Article IV, Section 5AA08(A) of the rental license held by L & P Asset
Holding LLC regarding rental property at 4502 Washington Street N.E.
COUNCIL ACTION:
RESOLUTION 2007-24
Resolution of the City Council for the City of Columbia Heights approving revocation
pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential
rental license held by L & P Asset Holding LLC (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 4502 Washington
Street N.E., Columbia Heights, Minnesota,
Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice
setting forth the causes and reasons for the proposed Council action contained herein was
given to the License Holder on January 11, 2007 of an public hearing to be held on February
12,2007.
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 October 31,2006, inspectors for the City of Columbia Heights, inspected the
property described above and noted eleven 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 January 11,2007, inspectors for the City of Columbia Heights, reinspected
the property and noted three violations remained uncorrected. A statement of cause
was mailed via regular mail to the owner at the address listed on the rental housing
license application.
3. That on February 5, 2007, inspectors for the City of Columbia Heights, performed a
final inspection at the property and noted three violations remained uncorrected. A
statement of cause was mailed via regular mail to the owner at the address listed on
the rental housing license application.
4. That based upon said records of the Enforcement Office, the following conditions
and violations of the City's Residential Maintenance Code were found to exist, to-
wit:
a. Shall provide and install a cover on the electrical box on the back of the hot
water heater.
b. Shall install a door on the northwest bedroom.
c. Shall scrape and paint the garage.
5. That all parties, including the License Holder and any occupants or tenants, have
been given the appropriate notice of this hearing according to the provisions of the
City Code, Chapter 5A, Article III 5A.306 and 5A.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by
license number F81 07 is hereby revoked.
2. The City will post for the purpose of preventing occupancy a copy of this order on
the buildings covered by the license held by License Holder.
3. All tenants shall remove themselves from the premises within 60 days from the first
day of posting of this Order revoking the license as held by License Holder.
day of
2007
Passed this
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
CITY COUNCIL LETTER
Meeting of Februarv 12,2007
AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT:
Fire
NO:
ITEM:
Adopt Resolution For
Revocation
BY:
Gary Gorman
BY:a, '
DATE: February 5,2007
DATE:
NO: 2007-25
Revocation of the license to operate a rental unit within the City of Columbia Heights is
requested against Kyle Smith regarding rental property at 4544 Fillmore Street N.E. for
failure to meet the requirements of the Residential Maintenance Codes.
RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of
Resolution No.2007-25, there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2007-25, 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 Kyle Smith
regarding rental property at 4544 Fillmore Street N.E.
COUNCIL ACTION:
RESOLUTION 2007-25
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
rentallicense held by Kyle Smith (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 4544-46 Fillmore
Street N.E., Columbia Heights, Minnesota,
Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice
setting forth the causes and reasons for the proposed Council action contained herein was
given to the License Holder on January 11,2007 of an public hearing to be held on February
12,2007.
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 October 31, 2006, inspectors for the City of Columbia Heights, inspected the
property described above and noted eight violations. A compliance letter listing the
violations was mailed by regular mail to the owner at the address listed on the Rental
Housing License Application.
2. That on November 16, 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 December 4,2006, inspectors for the City of Columbia Heights, performed a
final inspection at the property and noted six violations remained uncorrected. A
statement of cause was mailed via regular mail to the owner at the address listed on
the rental housing license application. The owner was given additional time to
complete the repairs due to the structure being vacant.
4. That on January 2, 2007, inspectors for the City of Columbia Heights performed
another inspection and noted two violations remained uncorrected inside. Some of
the exterior items remaining uncorrected were given an extension until spring of
2007.
5. That on January 11,2007 two violations remained uncorrected.
6. That on February 1,2007 it was noted that two violations remain uncorrected.
7. That based upon said records of the Enforcement Office, the following conditions
and violations of the City's Residential Maintenance Code were found to exist, to-
wit:
a. Shall have an approved company service the fire extinguisher in the hallway
b. Shall replace the missing door closer on the front storm door.
8. That all parties, including the License Holder and any occupants or tenants, have
been given the appropriate notice of this hearing according to the provisions of the
City Code, Chapter 5A, Article III 5A.306 and 5A.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by
license number F811 0 is hereby revoked.
2. The City will post for the purpose of preventing occupancy a copy of this order on
the buildings covered by the license held by License Holder.
3. All tenants shall remove themselves from the premises within 60 days from the first
day of posting of this Order revoking the license as held by License Holder.
day of
2007
Passed this
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
CITY COUNCIL LETTER
Meeting of February 12,2007
AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT:
Fire
CITY
MANAGER
APPROVAL
NO:
ITEM:
Adopt Resolution For
Revocation
BY:
Gary Gorman
DATE: February 5, 2007
DATE:
NO: 2007-26
Revocation of the license to operate a rental unit within the City of Columbia Heights is
requested against Boopendra Phalgoo regarding rental property at 4341 Tyler Street N.E. for
failure to meet the requirements of the Residential Maintenance Codes.
RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of
Resolution No.2007-26, there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2007-26, 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 Boopendra Phalgoo
regarding rental property at 4341 Tyler Street N.E.
COUNCIL ACTION:
RESOLUTION 2007-26
Resolution of the City Council for the City of Columbia Heights approving revocation
pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) ofthat certain residential
rental license held by Boopendra Phalgoo (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 4341 Tyler Place
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 January 22,2007 of an public hearing to be held on February
12,2007.
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 January 9,2007, inspectors for the City of Columbia Heights, inspected the
property described above and noted one violation. 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 January 22, 2007, inspectors for the City of Columbia Heights, reinspected
the property and noted one violation 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 February 2, 2007, inspectors for the City of Columbia Heights, performed a
final inspection at the property and noted one violation remained uncorrected. A
statement of cause was mailed via regular mail to the owner at the address listed on
the rental housing license application.
4. That based upon said records of the Enforcement Office, the following conditions
and violations of the City's Residential Maintenance Code were found to exist, to-
wit:
a. Shall remove anylall garbage from around the dumpster area. Including oil,
stove, tv.
5. That all parties, including the License Holder and any occupants or tenants, have
been given the appropriate notice of this hearing according to the provisions of the
City Code, Chapter 5A, Article III 5A.306 and 5A.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by
license number F811 7 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 Clerk/Council Secretary
CITY COUNCIL LETTER
Meeting of Februarv 12,2007
AGENDA SECTION: Public
Hearings
ORIGINATING DEPARTMENT:
Fire
CITY
MANAGER
APPROVAL
NO:
ITEM:
Adopt Resolution For
Abatement
BY:
Gary Gorman
BY:
DATE: February 5, 2007
DATE:
NO: 2007-27
Declaration of a nuisance and abatement of violations within the City of Columbia
Heights is requested against Salah Farghaly regarding property at 4625 Tyler Street
N.E. for failure to meet the requirements of the Residential Maintenance Code.
RECOMMENDED MOTION: Move to close the public hearing and to waive the
reading of Resolution No. 2007-27, there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2007-27, a resolution
of the City Council of the City of Columbia Heights declaring the property at 4625
Tyler Street N.E. a nuisance and approving the abatement of violations from the
property pursuant to City Code section 8.206.
COUNCIL ACTION:
RESOLUTION 2007-27
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance
and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of
the property owned by Salah Farghaly (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4625 Tyler Street
N.E., 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 and on January] 7,2007.
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 January 5, 2007 the Fire Chief was notified that graffiti of an offensive nature
existed on the structure located at this address. Due to the inability ofthe City of Columbia
Heights to locate a responsible person for this property the Fire Chief ordered an immediate
abatement of all graffiti on the structure. On January 16,2007 the Fire Chief was notified of
graffiti on the structure located at this address. The Fire Chief ordered an immediate
abatement of all graffiti on the structure.
2. That on January 5, 2007 DuAII Services spray-painted over the graffiti. On January] 7,
2007 DuAII Services spray-painted over the new graffiti.
3. That on January 5, 2007 and on January] 7,2007 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. Graffiti of an offensive nature existed and was removed.
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 4625 Tyler Street N.E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant,
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
ORDER OF COUNCIL
]. The property located at 4625 Tyler Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest
Passed this
day of
2007
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
CITY COUNCIL LETTER
Meeting of February 12,2007
AGENDA SECTION: Public
Hearings
ORIGINATING DEPARTMENT:
Fire
CITY
MANAGER
APPROVAL
NO:
ITEM:
Adopt Resolution For
Abatement
BY:
Gary Gorman
DATE: February 5, 2007
DATE:
NO: 2007-28
Declaration of a nuisance and abatement of violations within the City of Columbia
Heights is requested against Salah Farghaly regarding property at 4633 Tyler Street
N.E. for failure to meet the requirements of the Residential Maintenance Code.
RECOMMENDED MOTION: Move to close the public hearing and to waiye the
reading of Resolution No. 2007-28, there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution No. 2007-28, a resolution
of the City Council of the City of Columbia Heights declaring the property at 4633
Tyler Street N.E. a nuisance and approving the abatement of violations from the
property pursuant to City Code section 8.206.
COUNCIL ACTION:
RESOLUTION 2007-28
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance
and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of
the property owned by Salah Farghaly (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4633 Tyler Street
N.E., Columbia Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via regular mail to the owner of record on January 5, 2007.
Now, therefore, in accordance with the foregoing, and all ordinances and regulations ofthe City of
Columbia Heights, the City Council of the City of Columbia Heights Makes the following:
FINDINGS OF FACT
1. That on January 5, 2007 the Fire Chief was notified that graffiti of an offensive nature
existed on the structure located at this address. Due to the inability of the City of Columbia
Heights to locate a responsible person for this property the Fire Chief ordered an immediate
abatement of all graffiti on the structure.
2. That on January 5,2007 DuAll Services spray-painted over the graffiti.
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. Graffiti of an offensive nature existed and was removed.
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 4633 Tyler Street N.E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant,
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
ORDER OF COUNCIL
1. The property located at 4633 Tyler Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest
Passed this
day of
2007
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
COLUMBIA HEIGHTS - CITY COUNCIL LETTER
Meeting of: February 12,2007
AGENDA SECTION:
NO:
ORIGINATING DEPARTMENT:
CITY MANAGER
CITY MANAGERS
APPROVAL
ITEM: Donation to ACHS for
Anoka County
Sesquicentennial
BY:
DATE:
Walt F ehst
February 5, 2007
NO:
Background:
Todd Mahon, Executive Director of the Anoka County Historical Society (ACHS) has
indicated that Anoka County has charged their group with the duty to plan and execute the
Anoka County 150th Anniyersary celebration.
The ACHS has requested a donation of$I,OOO from the City of Columbia Heights.
This was discussed at the January 29,2007 work session, which indicated two possible
alternatives - a full contribution or a shared contribution with the Columbia Heights
Historical Society.
Alternate Motion: Move to contribute $1,000 toward the Anoka County 150th Anniyersary
celebration with funding to come from the fund balance.
Alternate Motion: Move to request the Columbia Heights Historical Society donate $500 to
the Anoka County 150th Anniyersary celebration and to match their contribution of $500,
with funding to come from the fund balance.
COUNCIL ACTION: