HomeMy WebLinkAboutDecember 10, 2007 RegularCITY OF COLUMBIA HEIGHTS Ma,,o,.
Garr L. Peterson
590 40's Avenue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDB (763) 706-3692 Counci/menrbers
Visit orrr rnebsite at: rvECrv.ci.cr+&rueLirt-laei~h~ts.rrtn.res Robert.4. F1'i;lliants
Bruce Arawrrocki
Tanunera Dielrm
Bruce Kel_>enberg
City Mmta,2er
Walter R. Feltst
The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on
Monday, December 10, 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. (TDD/706-3692 for deaf or hearing
impaired only)
1. CALL TO ORDER/ROLL CALL/INVOCATION
Invocation by Pastoral Minister Lorraine Mell, Immaculate Conception 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 maybe items brought to the attention of the Council under the Citizen Forum or items
submitted a$er the agenda preparation deadline.)
4. PROCLAMATIONS PRESENTATIONS RECOGNITION ANNOUNCEMENTS AND
GUESTS
A. Introduction
Scott Clark, Community Development Du-ector
5. CONSENT AGENDA
(These items are considered to be routine by the City Council and will be enacted as part of the
Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as
the next order of business.)
A. Approve minutes of the Columbia Hei htg_ s Cit~Council meetings
MOTION: Move to approve the minutes of the Columbia Heights City Council meeting of p5
November 26, 2007.
MOTION: Move to approve the minutes of the Truth in Taxation meeting of December 3, 2007. p44
B. Accent meeting minutes of Columbia Heights Boards and Commissions
MOTION: Accept the minutes of the October 23, 2007 EDA meeting. ps o
MOTION: Accept the minutes of the October 24, 2007 Park & Recreation Commission meeting. p6 0
MOTION: Accept the minutes of the December 4, 2007 Planning & Zoning Commission p63
meeting.
MOTION: Accept the minutes of the November 28, 2007 Park & Recreation Commission p67
meeting.
C. Establish a City Council Work Session for January 7, 2008 p7i
City Council. Agenda
Monday, December 10, 2007
Page 2 of 4
MOTION: Move to schedule a City Council Work Session for Monday, January 7, 2008
beginning at 7:00 p.m. in Conference Room I.
D. Approve the transfer of funds from the General Fund to the Police Department Budget to psz
reimburse the Overtime Fund.
MOTION: Move to transfer $2,225.96 received from Unique Thrift Stores and $1,046.75
received fi-om School District #13, a total of $3,272.71 from the General Fund to the Police
Department 2007 Budget under line #1020, Police Overtime.
E. Approve the application for a bingo permit fiom Southern Anoka Community Assistance psz
~SACA) for Murzyn Hall on March 3, 2008.
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 bingo activities
to be conducted by Southern Anoka Community Assistance (SAGA) at Murzyn Hall, 530 Mill
Street, Columbia Heights, Minnesota, on March 3, 2008. Also, that the investigation fee of $25
be waived; and furthermore, that the City of Columbia Heights hereby waives the remainder of
the thirty-day notice to the local governing body.
F. Establish John P. Murzyn Hall rental rates for 2009. pas
MOTION: Move to adopt the 2009 John P. Murzyn Hall rental rates, as outlined by the Park and
Recreation Commission at then meeting of November 28, 2007.
G. Adopt Resolution No. 2007-248, being a Resolution establishing senior citizens or retired and psz
disabled person hardship special assessment deferral.
MOTION: Move to waive the reading of Resolution No. 2007-248, there being ample copies
available to the public.
MOTION: Move to adopt Resolution No. 2007-248, being a resolution establishing a new
maximum income of $27,300 for Senior or Retired and Disabled Persons to be eligible for
special assessment deferral.
H. Approve final payment for the Zone 7B and 1A Street Rehabilitation Projects p89
MOTION: Move to accept the Engineer's Report of Final Acceptance for the 2006 Street
Rehabilitation Projects in Zone 7B and 1 A, City Project No. 0502; and authorize final payment
of $20,151.49 to Midwest Asphalt Corporation of Hopkins, Minnesota.
I. Approve Change Order No. I for Miscellaneous Concrete Project #0700 p92
MOTION: Move to approve Contract Change Order No. 1 for additional work added to the
contract by the City to Ron Kassa Construction, Inc. in the amount of $26,628.30 for a revised
contract of $38,961.88 with funding out of the appropriate funds.
J. Authorize final payment for Central Avenue Stonn Sewer Improvements Project #0405 p95
MOTION: Move to accept the work for 2006 Storm Sewer Improvement, City Project #0405
and authorize final payment of $24,016.35 to New Look Contracting, Inc. of Elk River,
Minnesota
K. Approve Designation of the Official Newspaper for 2008. p98
MOTION: Move to designate Sun Focus News as the official City newspaper for 2008 and to
authorize the Mayor and City Manager to enter into an agreement with Sun Focus News for
required publications.
City Council Agenda
Monday, December 10, 2007
Page 3 of 4
L. Annroval of the attached list of rental housing license applications. in that thev have met the plot
requirements of the Residential Maintenance Code.
MOTION: Move to approve the items listed for rental housing license applications for December
10, 2007
M. Approve the reissue of Rental Licenses as listed plo3
MOTION: Move to issue arental-housing license to Charlie Vanderlinden to operate the rental
property located at 961 37th Avenue N.E. in that the provisions of the residential maintenance
code have been complied with.
Motion: Move to issue arental-housing license to Moshen Dessouki to operate the rental
property located at 4610-4612 Fillmore Street NE in that the provisions of the residential
maintenance code have been complied with.
Motion: Move to issue arental-housing license to Nicholas Miller to operate the rental property
located at 3819 Van Buren Street NE in that the provisions of the residential maintenance code
have been complied with.
N. Approve Business License Applications pio6
MOTION: Move to approve the items on the business license agenda for December 10, 2007, as
presented.
O. Approve payment of the bills. pio9
MOTION: Move to approve payment o the bills out of the proper fund as listed in the attached
check register covering Check Number 123755 through Check Number 123990 in the amount of
$5,163,745.86.
MOTION: Move to approve the Consent Agenda items.
6. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
1. First reading of Ordinance #1533, being an Ordinance accepting an Xcel Franchise p119
Agreement.
MOTION: Move to waive the reading of Ordinance #1533, there being ample copies available
to the public.
MOTION: Move to establish the second reading of Ordmance No. 1533, being an Ordinance
adopting a franchise agreement with Xcel Energy for the City of Columbia Heights for January
14, 2008, at approximately 7:00 p.m. in the City of Columbia Heights Council Chambers.
2. Adopt Resolution No. 2007-253, being a Resolution adopting_a Budget for the Year 2008, p13 s
settin thg e City General Levy, and Bond Levy
MOTION: Move to waive the reading of Resolution 2007-253 there being ample copies
available to the public.
MOTION: Move to adopt Resolution 2007-253 being a resolution adopting a budget for 2008
and setting the City General Levy at $6,916,895 and the Bond Levy at $128,475.
B. Bid Considerations
City Council Agenda
Monday, December 10, 2007
Page 4 of 4
C. Other Business
Public SafetX facility update
7. PUBLIC HEARINGS
A. Adopt. Resolution No. 2007-249, being a Resolution for declaration of a nuisance and abatement
of violations within the City of Columbia Heights is requested regarding~roperty at 4231 6th
Street. Pi4 0
MOTION: Move to close the public hearing and to waive the reading of Resolution Number
2007-249 there being ample copies available to the public.
MOTION: Move to adopt Resolution Number 2007-249, being a resolution of the City Council
of the City of Columbia Heights declaring 4231 6th Street a nuisance and approving the
abatement of violations from the property pursuant to City Code section 8.206.
B. Approve revocation of the license to operate a rental unit within the City of Columbia Hei hts as
requested against rental properties at: p143
2007-250 - 4502 Washington Street
2007-251 - 4542 Heights Drive
2007-252 - 3931 Jackson Street
2007-228 - 4124 5th Street
MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers
2007-250, 2007-251, 2007-252, 2007-228 there being ample copies available to the public.
MOTION: Move to adopt Resolution Numbers 2007-250, 2007-251, 2007-252, 2007-228 being
a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant
to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental licenses listed.
Report of the City Manager
Report of the City Attorney
9. CITIZENS FORUM
At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda.
Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall
state his/her name and address for the record.
10. COUNCIL CORNER
11. ADJOURNMENT
Walter R. Fehst, City Manager
WF/pvm
OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
NOVEMBER 26, 2007
The following are the minutes for the regular meeting of the City Council held at 7:00 PM on Monday,
November 26, 2007 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights,
MN.
CALL TO ORDER/ROLL CALL/INVOCATION
Reverend David 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
Mayor Peterson removed Resolutions No. 2007-230, 2007-234, and 2007-236 in that the properties have
been brought into compliance. Peterson indicated that the correct Resolution for Item J was distributed.
Nawrocki expressed unhappiness that the City Council agenda was not on cable T.V. until Sunday. He
requested to add items: 1) update of activity center and 2) newsletter, after Item 6C.
PROCLAMATIONS PRESENTATIONS RECOGNITION ANNOUNCEMENTS AND GUESTS
A. Children's Book Week -November 12 - 18, 2007
Mayor Peterson read the proclamation and presented it to Tom Sherohman, Library Foundation member.
Sherohman thanked hiin for the proclamation and spoke of the dedication of the children's department
staff. He invited everyone to the Library fundraiser at the Heights Theater showing of Scrooge on
December 2°a. There will be a silent auction, caroling, music, and the movie.
B. American Education Week -November 11 - 17, 2007
Mayor Peterson read the proclamation.
C. Louie Egey Day - 100th Birthday
Mayor Peterson read the proclamation. He spoke of Mr. Egey's background and his service in World
War II. Nawrocki stated that he was also at the event. He noted the Mayor's favorable comments about
those in the service, as he was also in the service of our country.
Mayor Peterson referred to articles from the Focus News regarding: the Columbia Heights Senior Center
participants making hats and mittens for local schools and soldiers, the Columbia. Heights Ambassadors
holding a coat drive, and Wally Logacz's yearly donation to the Lomianki Poland Children's Hospital.
Diehm pointed out another article regarding the Mayor and the Lion's Club building a handicap ramp
for a local resident -for the second time. Peterson indicated the pleasure to belong to such. a group
where people help others.
Kelzenberg referred to attending the National League of Cities Conference in New Orleans and stated
that he appreciates what we have after seeing an area that was so devastated.
`.uy wu~i~.u iviuiuwa
Monday, November 26, 2007
Page 2 of 39
CONSENT AGENDA
Nawrocki requested F, I, J, Q be removed for discussion. He asked for more detailed information on
items D, G, K, L, and M.
City Manager Walt Fehst took Councilmembers through the items.
A. Approve minutes for the Columbia Hei hts City Council meeting of October 22, 2007.
Motion to approve the minutes of the City Council meeting of October 22, 2007.
B. Accept meeting minutes of Columbia Heights Boards and Commissions.
Motion: Accept the minutes of the Apri124, 2007 HRA meeting.
Motion: Accept the minutes of the August 27, 2007 special EDA meeting.
Motion: Accept the minutes of the August 28, 2007 EDA meeting.
Motion: Accept the minutes of the August 28, 2007 special HRA meeting.
Motion: Accept the minutes of the November 6, 2007 Planning & Zoning meeting.
Motion: Accept the minutes of the October 18, 2007, Charter Commission meeting.
C. Adopt Resolution No. 2007-222, being a Resolution cancelling the December 24, 2007 regular Cit~%
Council meeting.
Motion to waive the reading of Resolution No. 2007-222, there being ample copies available to the
public.
Motion to adopt Resolution. 2007-222, being a Resolution canceling the Monday, December 24,
2007 City of Columbia Heights regular City Council meeting.
RESOLUTION NO. 2007-222
BEING A RESOLUTION CANCELING THE CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL.
MEETING OF MONDAY, DECEMBER 24, 2007
WHEREAS: The City of Columbia Heights offices are closed on Monday, December 24, 2007 and Tuesday, December
25, 2007, and;
WHEREAS: The City Council has agreed to cancel the regular Council meeting scheduled for Monday, December 24,
2007;
NOW, THEREFORE, BE IT RESOLVED, that all interested parties be advised of this change.
D. Approve the Transfer of Funds from the General Fund to the Police Department 2007 Budget
Overtime Line #1020
Motion to transfer $2,846.67, the total amount of money received from the State of Minnesota for
our efforts in the Safe and Sober program from the General Fund to the Police Department 2007
Budget Line # 1020, Overtime.
Fehst stated this is a routine transfer of overtime funds.
E. Approve Premises Permit Applications for Columbia Heights Athletic Boosters to conduct
charitable ag mbling activities at Top Valu Liquor I, Top Valu Liquor II and Sarna's Tobacco Store
Motion to 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 Premises Permits
for the Columbia Heights Athletic Boosters Club in conjunction with activities at Columbia Heights
Liquor Stores Top Valu I (4950 Central Avenue NE), Top Valu II (2105 37th Avenue NE), and
Sarna's Tobacco Store (4329 Central Avenue NE), and furthermore, that the City Council hereby
waives the remainder of the sixty-day notice to the local governing body.
~.i~y ~.vuuwi iraiuuwo
Monday, November 26, 2007
Page 3 of 39
This is for the Boosters to place pull-tab machines in the new liquor stores and Sat-na's Tobacco
Store.
F. Approve Premises Permit RenewaUApplication for Gambling License for VFW Post #230, 4446
Central Avenue NE -Removed
G. Resolution Establishing Eli ig bility Standards for Senior Citizen Utility Rates
Motion to waive the reading of resolution 2007-223, there being ample copies available to the
general public.
Motion to adopt Resolution 2007-223, being a resolution establishing eligibility standards for senior
citizen utility rates.
This raises the limit on the income level for residents to qualify for reduced utility rates. About 200
residents qualify per year.
RESOLUTION NO. 2007 -223
ESTABLISH ELIGIBILITY STANDARDS FOR SENIOR CITIZEN UTILITY RATES
WHEREAS, the City Council has previously established eligibility standards for senior citizen rates for refuse service,
sewage disposal, storm water and water supply; and
WHEREAS, it has been the City's practice to maintain uniform eligibility standards whenever possible:
NOW, THEREFORE, BE IT RESOLVED by the City of Columbia Heights as follows:
That anyone over 62 years of age with a maximum household income of $27,300 will be eligible for reduced rates.
BE IT FURTHER RESOLVED that the above eligibility standard is effective January 1, 2008.
H. Resolution Desi ng ating Official Depositories for the City of Columbia Heights
Motion to waive the reading of Resolution 2007-224 there being ample copies available to the
public.
Motion to adopt Resolution 2007-224 being a resolution designating official depositories for the
City of Columbia Heights.
RESOLUTION N0.2007-224
DESIGNATE OFFICIAL DEPOSITORIES FOR THE CITY OF COLUMBIA HEIGHTS
IT IS HEREBY RESOLVED, that Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank are hereby
designated as depositories of the funds of this corporation.
IT IS FURTHER RESOLVED, that checks, drafts, or other withdrawal orders issued against the funds of this corporation
on deposit with said banks shall be signed by the following: Mayor, City Manager, Clerk-Treasurer and that said banks
are hereby fully authorized to pay and charge to the account of this corporation any checks, drags, or other withdrawal
orders.
BE IT FURTHER RESOLVED, that the Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank are
designated depositories of the corporation be and it is hereby requested, authorized and directed to honor checks, drafts or
other orders for the payment of money drawn in this corporation's name, including those drawn to the individual order of
any person or persons whose name or names appear thereon as signer or signers thereof, when bearing or purporting to
bear the facsimile signatures of the following: Mayor, City Manager, Clerk-Treasurer and that Northeast Bank, Wells
Fargo Bank of Minnesota, N.A., and U.S. Bank shall be entitled to honor and to charge this corporation for all such
checks, drafts or other orders, regardless of by whom or by what means the facsimile signature or signatures thereon may
have been affixed thereto, if such facsimile signature or signatures resemble the facsimile specimens duly certified to or
filed with the Banks by the City Clerk or other officer of his corporation.
BE IT FURTHER RESOLVED, that any and all resolutions heretofore adopted by the City Council. of the corporation
and certified to as governing the operation of this corporation's account(s) with it, be and are hereby continued in full
City Council Minutes
Monday, November 26, 2007
Page 4 of 39
force and effect, except as the same may be supplemented or modified by the foregoing part of this resolution.
BE IT FURTHER RESOLVED, that all transactions, if any relating to deposits, withdrawals, re-discounts and
borrowings by or on behalf of this corporation with said banks prior to the adoption of this resolution be, and the same
hereby are, in all things ratified, approved and confirmed.
BE IT FURTHER RESOLVED, that any bank or savings and loan located in the State of Minnesota may be used as
depositories for investments purposes so long as the investments comply with authorized investments as set forth in
Minnesota Statutes.
BE IT FURTHER RESOLVED, that any brokerage firm located in the State of Minnesota may be used as a depository
for investment purposes so long as the investments comply with the authorized investments as set forth in Minnesota
Statutes.
I. Adopt Resolution 2007-214 Reclassifying and Designating Fund Balances for the Economic
Development Authority's Housing Maintenance Pro ram -Removed
J. Adopt Resolution 2007-225 to request $86 647 from the Anoka. County HRA Levy to finance the gap in
the redevelopment of 3805 2nd Street NE -Removed
K. Authorization to seek bids for the Capital Equipment Replacement of Unit #102: Underground Sewer
Television Inspection S sy tem
Motion to authorize staff to seek bids for the Capital Equipment Replacement for Unit # 102:
Underground Sewer Television Inspection System.
This is to obtain bids to replace the current unit to see breaks in sewer lines.
L. Authorize Liquor Store Project Change Orders
Motion to authorize the Mayor and City Manager to enter into an agreement with Copeland Building
Corporation for change authorization #16, revision 4, totaling $9,375.93.
This was discussed at the work session and deemed necessary.
M. Video Securit_ ay t Liquor Stores
Motion to authorize the Mayor and City Manager to enter into a contract with Marco for video
surveillance equipment for all three stores, alternate proposal for Top Valu I and II, in the amount of
$89,382.02 plus sales tax.
This cost was anticipated and would reduce lost merchandise by $10,000 to $20,000 per year.
N. Authorize contract for new Liquor Store display shelving_
Motion to authorize the Mayor and City Manager to enter into a contract with AA Equipment
Company for display for shelving in the amount of $43,346.62 plus sales tax and freight.
This was an anticipated need for both new liquor stores.
O. Reissue Rental License for 4915 5th Street N.E.
Motion to issue arental-housing license to John Krebsbach Jr. to operate the rental property located at
4915 5th Street N.E. in that the provisions of the residential maintenance code have been met.
P. Approval of rental housing license applications.
City Council Minutes
Monday, November 26, 2007
Page 5 of 39
Motion to approve the items listed for rental housing license applications for November 26, 2007.
Q. Approve the Business License Applications -Removed
R. Approve payment of the bills.
Motion to approve payment of the bills out of the proper fund as listed in the attached check register
covering Check Number 123429 through Check Number 123754 in the amount of $1,882,219.59.
Motion by Diehm, second by Kelzenberg, to approve the Consent Agenda, with the exception of items F, I,
J, and Q. Upon vote: All ayes. Motion carried.
Items removed from the Consent Agenda for discussion
F. Approve Premises Permit RenewaUApplication for Gambling License for VFW Post #230, 4446
Central Avenue NE
Nawrocki indicated that he would abstain from the vote, as he is an officer of this organization.
Motion by Kelzenberg, second by Williams, to direct the City Manager to forward a letter to the State
Charitable Gambling Board stating that the City of Columbia Heights has no objection. to the renewal of
a Class B Charitable Gambling Permit for VFW Post #230, 4446 Central Avenue NE, Columbia
Heights, and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to
the local governing body. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, abstain;
Peterson, aye. 4ayes - 1 abstention. Motion carried.
I. Adopt Resolution 2007-214, Reclassif~g and Desi ng ating Fund Balances for the Economic
Development Authority's Housing Maintenance Program
Nawrocki stated his objection to the moving of these funds as it should have been part of the budget
discussion. Bob Streetar, Community Development Director, stated he was present to answer questions.
Fehst stated that the biggest benefactors would be those in the Sheffield area neighborhood. This would
set up a ten year program to work on blight in the city. Special legislation was sought to reinvest in our
housing stock, which was not successful. This is a good effort to recognize blight problems and to do
something about them. Nawrocki stated that the legislation was a way to hide taxation of property
owners. Peterson stated that nothing was hidden and the legislation was explained. However, this
program may be an even better way to improve our housing stock
Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2007-214, there being an
ample amount of copies available to the public. Upon vote: All ayes. Motion can-ied.
Nawrocki questioned what this will require in additional taxation over the next ten years. Streetar stated
that the EDA levy increase fora 200,000 home would be $68 over the ten years. Streetar stated that the
EDA levy was reduced this year by $44,000.
Motion by Diehm, second by Kelzenberg, to adopt Resolution 2007-214, being a Resolution
Reclassifying and Designating Fund Balances for the Economic Development Authority's Housing
Maintenance Program. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay;
Peterson, aye. 4ayes - 1 nay. Motion carried.
RESOLUTION N0.2007-214
RESOLUTION RECLASSffYING AND DESIGNATING FUND BALANCES
FOR THE ECONOMIC DEVELOPMENT AUTHORITY'S HOUSING MAINTENANCE PROGRAM
City Council Minutes
Monday, November 26, 2007
Page 6 of 39
WHEREAS, on August 28, 2007 the Columbia Heights Economic Development Authority approved a 10-year Housing
Maintenance Program; and
WfIEREAS, the purpose of the Housing Maintenance Program is to maintain and improve the housing stock, tax base and
improve the livability of the City's neighborhoods; and
WHEREAS, the City of Columbia Heights has accumulated fund balances in the Business Revolving Loan Fund, the Rental
Housing Fund, the General Fund, the Special Project Fund and the Sheffield Development Fund for the purpose of funding
future expenditures; and
WHEREAS, the City Council has determined that there is a need for a Housing Maintenance Program in Columbia Heights;
and
WHEREAS, it is the intent of the City Council to provide funding for a Housing Maintenance Program:
NOW THEREFORE, BE TT RESOLVED that a Housing Maintenance Program Fund be established as a fund of the
Columbia Heights Economic Development Authority and funds be transferred from the following funds to the Housing
Maintenance Fund 207 effective January 1, 2008.
From Funds:
# Name Amount
299 Business Revolving Loan Fund $306,426
235 Rental Housing $40,688
101 General Fund $138,000
226 Special Project $103,350
410 Sheffield Development 400.000
Total $988,464
BE IT FURTHER RESOLVED that funds be transferred from the following fund to the Housing Maintenance Fund 207
before December 31, 2008.
From Fund:
# Name Amount
226 Special Project $103,350
NOW THEREFORE, BE rT FURTHER RESOLVED that the fund balance in the newly established Housing Maintenance
Fund be appropriated for expenses related to the Housing Maintenance Program.
J. Adopt Resolution 2007-225 to request $86,647 from the Anoka County HRA Levv to fmance the pan in
the redevelopment of 3805 2nd Street NE
Nawrocki stated his objection to this request and indicated that this is pre-mature. He stated that we
have asked the County to extend their levy to Columbia Heights, which you do not see on your tax
statement. Nawrocki referred to the administrative cost, which was not specifically indicated other than
suggesting $15,000. This has not been officially approved by the County. Streetar stated that the
Council passed a resolution supporting the levy for reinvestment in housing. The money is acquired by
Council passing a resolution and can be obtained and used a$er January 1. Streetar referred to the four
homes purchased by the City with the Greater Metropolitan Housing Corporation (GMHC) and
redeveloped in to eight homes of a much higher value. GMHC purchased 4141 Jefferson and will build
two new homes there. This request will be for money to do this same thing at 3805 2°d Street. It would
cost $86,000, but would remove a house destroyed by fire and replace it with two new homes valued
over $230,000 each. Nawrocki questioned the owner receiving $105,000 and questioned if they
received an insurance payment how that would affect the purchase. Streetar indicated they would
receive $86,000.
Peterson stated that this is a fair price and the owner has been very cooperative.
Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2007-225, there being
10
City Council Minutes
Monday, November 26, 2007
Page 7 of 39
an ample amount of copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Kelzenberg, second by Williams, to Adopt Resolution 2007-225, being a Resolution
requesting funds ui the amount of $86,647 from the Anoka County HRA Levy to finance the gap in the
redevelopment of 3805 2nd Street NE, in the City of Columbia Heights.
Diehm thanked staff for working on this property. She stated that we must continue to be pro-active.
Upon vote: Kelzenberg, aye; Williams, aye; Kelzenberg, aye; Nawrocki, no; Peterson, aye. 4ayes - 1
nay. Motion carried.
Fehst noted that Mr. Streetar is making his last Council meeting appearance and he will be going to
Oakdale. On behalf of the Council and staff, Fehst thanked Bob for all the work he has done for us.
Fehst referred to the goals that Streetar lead the Community Development Department through. Fehst
thanked him.
Peterson reiterated the City Manager's statements. He indicated that when. Mr. Streetar came onboard
he moved the City forward. We do have a replacement, but there is no other "Bob".
Williams stated that Mr. Streetar encouraged us to do the HRA renovations.
Streetar stated that when he started the Mayor told him to "get going and get grant money" and we
obtained $7 million in grants.
Nawrocki stated that he spent a lot of time in discussions with Mr. Streetar. They disagreed on some
items, but Streetar is the hardest working staff person we have had. Streetar has taught him things
despite their differences.
RESOLUTION 2007-225
A RESOLUTION REQUESTING FUNDS IN THE AMOUNT OF $86,647 FROM THE ANOKA COUNTY HRA LEVY TO
FINANCE THE GAP IN THE REDEVELOPMENT OF 3805 SECOND STREET NE, IN THE CITY OF COLUMBIA HEIGHTS.
WHEREAS, the City Council was invited by the Anoka County Housing and Redevelopment Authority (ACHRA) to participate in
ACHRA economic development activities; and,
WHEREAS, Council passed a resolution on September 10, 2007 to participate in the Anoka County Housing and Redevelopment
Authority (ACHRA) economic development activities; and,
WHEREAS, the ACHRA would. levy a tax in Columbia Heights each year of participation, for a minimum of five years; and,
WI~REAS, that the City, by participation in the ACHRA economic development activities, can request funds to support the City's
redevelopment and housing maintenance and improvement goals; and,
WHEREAS, the redevelopment of 3805 Second. Street NE achieves two goals of the Housing component of the Comprehensive Plan;
and,
WHEREAS, the redevelopment of 3805 Second Street NE meets the intent of the Single-Family Home Replacement Program, part of
the 10-Years Housing Maintenance Plan implemented by the EDA; and,
WI-IEREAS, Anoka County Community Development staff indicated that gap funding assistance for the redevelopment of 3805
Second Street NE would be a qualified expenditure; and,
WHEREAS, the Greater Metropolitan Housing Corporation (GMHC) has signed a purchase agreement with the owners of 3805
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Second Street NE; and,
WI-IEREAS, the EDA will be asked to enter into a contract for private redevelopment with GMHC for the redevelopment of the 3805
Second SU•eet NE; and,
WHEREAS, the redevelopment of 3805 Second Street NE requires $86,647 in gap funding assistance.
BE IT FURTHER RESOLVED that the City of Columbia Heights requests $86,647 from the Anoka County HRA for gap funding
assistance for the redevelopment of 3805 Second Street NE, contingent upon approval of the redevelopment contract for private
redevelopment between the Columbia Heights EDA and the Greater Metropolitan Housing Corporation (GMHC) on November 27,
2007.
Q. AnUrove the Business License Applications
Nawrocki requested a split of the items and indicated that he would abstain from the VFW Post #230
vote, as he is an officer of this organization.
Williams requested a split of the items and indicated that he would abstain from the 3eff's, Bobby &
Steve's vote, as he is an officer of this organization.
Motion by Diehm, second by Kelzenberg, to approve the remaining items on the business license
agenda for November 26, 2007 as presented. Upon vote: All ayes. Motion carried.
Motion by Diehm, second by Kelzenberg, to approve the VFW Post #230 license request. Upon vote:
Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, abstain; Peterson, aye. 4ayes - 1 abstention.
Motion carried.
Motion by Diehm, second by Kelzenberg, to approve the Jeff's, Bobby & Steve's license requests.
Upon vote: Kelzenberg, aye; Williams, abstain; Diehm, aye; Nawrocki, aye; Peterson, aye. 4ayes - 1
abstention. Motion carried.
ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions -none
B. Bid Considerations -none
C. Other Business
Public Safety facility update
Fire Chief Gary Gorman indicated there has been no additional action on this and it would be
discussed by the City Council again on December 17, 2007.
Fehst stated that discussion for an Activity Center would come before Council at the December 17
work session. He indicated that the last work. session discussion covered possible proposals. If both
a public safety facility and activity center are considered, there was discussion to work with the
YMCA and build at NEI or Murzyn Hall. The YMCA would require that swimming pools be
included. If both facilities were built at the NEI site, an additional $4 million would be necessary to
purchase additional property.
Nawrocki stated there was discussion at the work session by one councihnember of the Library
Board's request for a new library. He stated that we should talk further with the schools, as they
plan to add one gym. Nawrocki refereed to the old High School buildu1g that was demolished,
which he felt should not have been. The activity center should be subject to a referendum. Our
General Obligation (GO) Bonds are limited to $28 million and the City Manager has indicated both
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projects could use up that limit. The public safety building should be the police station and use of
thew current space should be for the fire department. He stated that maybe we should look at
acquiring property along 40`" Avenue adjacent to the police station to add on and meet the needs of
the police.
Williams stated that he was not afraid of a referendum, but residents should know that if there is a
vote the project would cost ten percent more. If we work with the YMCA it would not go against
the city with lease revenue bonds as stated by Mark Ruff of Ehlers. Fehst stated that has not been
determined yet. Fehst listed anticipated costs and revenues and stated that the YMCA has indicated
they would support a third of this. He indicated that when we bon-ow money on a GO Bond the
taxes are based on net tax capacity and if you are forced to a referendum it is based on the assessed
market value. In that case, residents pay about ten percent more because businesses are not taxed as
high. Bill Elrite, Finance Director, stated the cost is not more; it is how the cost is distributed
between commercial, industrial, and residential property. Fehst referred to the pubfic support shown
in favor of a public safety building at the National Night Out events.
Newsletter
Nawrocki indicated that budget hearing information in the newsletter leaves out the 2007 to 2008
tax increase of about $497,000, which does not include the $196,000 HRA Levy. We also added a
$70,000 contingency for an additional police officer. The County EDA amount of $200,000 is not
included. The infrastructure bond issue is also not refen-ed to. Nawrocki stated that the total
proposed taxes of $7,441,000 are an increase of $779,682 or 12 percent. The newsletter indicates
6.4 percent. In 2003 the sanitary sewer, storm sewer and water increase was 50 percent per house
and this year we passed another increase for sanitary sewer, storm sewer, and water rates. This is in
addition to ongoing road work assessments. The chart in the newsletter makes it look like the
increase is minimal. Nawrocki compared a Fridley home in the Columbia Heights School District
tax as $100 less than our residents pay. Next Monday, December 3 at 7:00 p.m. will be the Truth in
Taxation hearing.
Williams referred to several of his tax statements, indicating his residence increased 3.1 percent. He
stated that his businesses tax increased 12 percent. At one of his stores in Hennepin County the tax
increase was 132 percent. He stated that the value of his home increased. Fehst stated he has
scheduled a meeting with Anoka County Assessors to discuss the increase of values in homes and
the increase in commercial tax. The major reason for the tax increase is the increase of the market
values. Fehst stated that he would obtain answers prior to the tax hearing.
PUBLIC HEARINGS
A. Second reading of Ordinance No. 1532, being an ordinance pertaining to Property Maintenance.
Motion by Kelzenberg, second by Diehm, to waive the reading of Ordinance No. 1532, there being ample
copies available to the public. Upon vote, all ayes. Motion carried.
Motion by Kelzenberg, second by Diehm, to adopt Ordinance No. 1532, being an Ordinance adopting the
Property Maintenance Code.
Fire Chief Gorman stated this Ordinance repeals the current Residential Housing Maintenance Code and
replaces it with a Maintenance Code, which includes commercial property. This is the first rewrite of this
portion of the code since 1989. The first reading was in October with there being a question on the dates
that heat must be available, which has been changed as requested. The Conduct of Premises includes crime
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Monday, November 26, 2007
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fi•ee, drug free wording, allowing then own wording if it is stricter than ours. This is more specific than the
current code.
Williams requested clarification of not allowing drugs in apartments. Gorman referred to the three strike
rule where disorderly conduct happens. If drugs are involved and the tenant is not removed, the license can
be revoked after one violation.
Nawrocki questioned the start up of boilers date. Gorman stated this was changed from September 15 to
October 1. October 1 is currently used and it works. Nawrocki stated that overall this Ordinance is an
improvement and he is pleased this includes commercial property. Now commercial property will be
required to have hard surface parking and current license plates. Gorman stated that conunercial property
will be held to the same standards as residential property. This Ordinance also allows for commercial
licensing, which has not yet been set up. Gorman stated that if approved, the Ordinance would go into
effect December 26 and enforcement would begin. January 1 during regular fire inspections.
Jiin Hoeg, City Attorney, referred to the heating start up dates and indicated the date given is the last day
the heat must be turned on, but it can be turned on before that date.
Tim Utz, 556 40`'' Avenue, stated that allowing owners to use then own language in rental agreements is
asking for trouble. Hoeft stated that most owners have language that is more strict.
Upon vote: All ayes. Motion carried. The ordiraan~ce can be found at the end of this docz~»ze~zt.
B. Revocation of the license to operate a rental. unit within the City of Columbia Heights, for failure to
meet the requirements of the Residential Maintenance Code, is requested against rental properties at:
• 1401-03 Parkview Lane -Resolution 2007-226
Gorman stated that this property was vacant for many years. It is now available for rent, but needs many
items repaired. Nawrocki stated that the house has incorrect house numbers on it.
• 961 37th Avenue -Resolution 2007-227
Gorman stated there is scrub growth and the fence has not been completed.
• 4124 5th Street -Resolution 2007-228
Gorman stated that this is a vacant property with a lot of problems.
Michael Nehmzow, 3943 172°d Lane NW, stated that he has just purchased the property and was requesting
an extension. He indicated the repairs that have already been done. Nehmzow stated that at the time of sale
he was told there were no special assessments, but there are now assessments on his tax statement. Gorman
suggested he speak to the Title Company, as some realtors do not submit and pay for a formal assessment
search. Nehmzow questioned why the assessment is not put against the property immediately. Gorman
indicated the abatement process and timing.
Jim Hoeft stated that the City Council approves the assessments at a mass hearing in September. The
assessments then go to Anoka County. Any assessments after this date are held until the following year, but
are available through a special assessment search. We do one mass hearing as they do not assess until the
next year. Fehst questioned the ownership status. Nehmzow stated that they purchased the property in
February and were directed not to go on the property, for legal reasons. Fehst asked they were notified.
Gorman stated that the owner at the time of abatement was notified.
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Diehm indicated that our procedure is not different from other communities. The purchase agreement
indicates who is responsible for assessments and the title company is responsible to research the
assessments. Hoeg stated the process we follow is dictated by State Statute. Fehst stated his appreciation
that the property is being fixed up. Fehst suggested that we examine this process to find if there is a way to
make this faster. Gorman stated this property was atwo-day abatement, with fue department payroll. Hoeft
indicated that this assessment has been approved by the City and sent to the County for assessment.
Peterson stated that this issue is between. the buyer and the seller. The City has done due diligence.
Nehmzow requested an extension to January 15. Gorman indicated that the property is vacant. Peterson
stated that the majority of the hard work has been done. Nehmzow stated the violations would be
completed prior to rental of the property, and requested reissuance of the license as soon as possible. Hoeft
indicated this could be continued to the next meeting and the owners can give a progress report on the
cleanup.
Motion by Diehm, second by Kelzenberg, to continue 4124 5th Street -Resolution. 2007-228 to the
December 10 City Council meeting.
Nawrocki stated that this Wednesday is the Anoka County Government meeting and he would like to have
information on this property to discuss with them.
Upon vote: All ayes. Motion carried.
• 1000 Peters Place -Resolution 2007-229
Gorman stated that most items were complete, except the windows. There were additional items found
upon this inspection.
• 1008-10 Gould Avenue -Resolution 2007-230 Removed
• 563 38th Avenue -Resolution 2007-231
Gorman indicated the violation was for outside storage removal that was not completed.
• 3806 Jackson Street -Resolution 2007-232
Gorman this is regarding hard surface parking.
• 4639-41 Washington Street -Resolution 2007-233
Gorman stated that one side of the property is vacant. There are items in one unit and outside storage
violations.
• 4151 Stinson Blvd -Resolution 2007-234 Removed
Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of
Resolution Numbers 2007-226, 2007-227, 2007-229, 2007-231, 2007-232, 2007-233, there being ample
copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Williams, second by Kelzenberg, to adopt Resolution Numbers 2007-226, 2007-227, 2007-229,
2007-231, 2007-232, 2007-233, being Resolutions of the City Council of the City of Columbia Heights
approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental
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Monday, November 26, 2007
Page 12 of 39
licenses listed. Upon vote: All. ayes. Motion carried.
Nawrocki indicated that there is a vehicle at 715 39`" Avenue with expire license tabs.
Resolattiota~s are placed at the end of this doca~me~~t.
C. Declaration of a nuisance and abatement of violations within the City of Cohtmbia Heights, for failure to
meet the requirements of the Residential Maintenance Code is requested regarding property at:
• 5045 Johnson Street -Resolution 2007-235
Gorman stated there is a brush pile in the rear yard.
• 4448 Quincy Street -Resolution 2007-236 Removed
• 4043 Jefferson Street -Resolution 2007-237
Gorman stated there are outside storage issues. Thep•e has been conununication and the work is progressing.
• 4919-21 Jackson Street -Resolution 2007-238
Gorman stated the license was revoked previously and this is for items that were not done before the
revocation.
• 941 45th Avenue 2007-239 -Resolution 2007-239
Gorman stated that there is outside storage and a stump in the yard.
Nawrocki stated that across the street, Auto Max, has graffiti on the building.
• 4618 Fillmore Street - Resolution 2007-240
Gorman stated that there is outside storage on the property.
Nawrocki stated that at 4641 Taylor there is trash and TVs in the alley.
• 4631-33 Pierce Street -Resolution 2007-241
Gorman stated that this property is vacant with seven violations. The license was revoked earlier this year.
• 3853 3rd Street -Resolution 2007-242
Gorman stated this was an immediate abatement and is owned by Root Company. The abatement was for
water and gas shut off, as the property was vandalized.
Deb Johnson, 4626 Pierce Street, stated that this property owner can tallc to the news media, but not come
to the City Council meeting. She stated that it was one of the most atrocious properties she had ever seen. It
is now cleaned up thanks to the Fire Department.
• 4936 7th Street -Resolution 2007-244
Gorman stated that the property is vacant with scrub growth and appliances by the alley.
• 4232 5th Street - Resolution 2007-245
Gorman stated this is for outside storage on the property, some of which has been cleaned up.
Alan Clarkewiggins, owner, indicated these were items he had in storage, which he is sorting and
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Monday, November 26, 2007
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removing. Over 7,000 pounds have been removed fi•om the property, and he will be fmished in two weeks.
Gorman suggested going through with the abatement and indicated the department would work with the
owner.
• 4110 6th Street -Revocation 2007-246
Gorman stated that there is a landscaped area that needs to be repaired.
• 5118 4th Street -Resolution 2007-247
Gorman stated that there is outside storage on the property that needs to be cleaned up.
Nawrocki stated that there is a vehicle with expired plates at 51 S` and University and a trailer with used
tires.
Fehst stated there were residents present for an item that was removed from the agenda. Peterson gave them
the opportunity to speak. John Larkin, Assistant Fire Chief stated that there was a notification error.
Motion by Diehm, second by Williams, to close the public hearing and to waive the reading of Resolution
Numbers 2007-235, 2007-237, 2007-238, 2007-239, 2007-240, 2007-241, 2007-242, 2007-244, 2007-245,
2007-246, 2007-247, there being ample copies available to the public. Upon vote: All ayes. Motion
carried.
Motion by Diehm, second by Williams, to adopt Resolution Numbers 2007-235, 2007-237, 2007-238,
2007-239, 2007-240, 2007-241, 2007-242, 2007-244, 2007-245, 2007-246, 2007-247, a resolution of the
City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the
abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes.
Motion carried. Resolutions have been placed at tlae end of this document.
Administrative reports
Report of the City Manager
• Truth in Taxation meeting will be on December 3`d. Staff will meet with the County Assessor to
determine the cause for dramatic increases and differences.
• Requested the State eliminate excess signage on Central Avenue. About 90 percent of the signage
will be removed. Peterson stated that he requested this, as they were unsightly and unnecessary. He
suggested potted plants in areas where there was concern that people would drive over the median.
Nawrocki
• Regarding the replacement of the Community Development Director- was told he could come to
talk to him, but was only allowed to speak to him for a brief time. He spoke to people from the
candidate's previous job and the comments were generally good. Did not know he was starting and
he is starting almost at the top of the scale. How is the increase for 2008 handled. Fehst stated that
the range will go up in January. Nawrocki. questioned the posting procedure of the position.
Peterson commended the City Manager as we need to continue moving forward in our city and he
found someone that will continue that. Fehst stated he worked in Arden Hills for a year and then
moved to Elk River. Prior to that, he worked 26 years in Brooklyn Park. Fehst indicated that
Streetar is respectful of this person.
Report of the City Attorney -nothing to report.
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Monday, November 26, 2007
Page 14 of 39
CITIZENS FORUM
Ludvig Patco, Jackson Street, spoke regarding the request for three gymnasiums, stating that the community
has 18,000 people, of which one-half are retirees. We are in a recession or depression. There is high
unemployment and prices are increasing on everything. Consider this before your vote.
COUNCIL CORNER
Kelzenberg
• No parking on City streets from 2:00 a.m. to 6:00 a.m. This is so the streets can be plowed when we
get snow.
• Read an article from the green sheet on police activity.
• Quoted R.T. Rybeck -"Elected officials are stewards of the future."
Williams
Diehm
Agreed that we are stewards of the future and that is a tough job. Feel a new Library should be
considered.
Presented National League of Cities Resolutions and information. Mayor Bloomberg spoke, as did
the head of the Clinton campaign and the past Republican campaign chairman. There was extensive
infrastructure discussion, such as water systems. We have been working on our infrastructure for
years. The people in New Orleans are just as friendly as, or friendlier than our state. They were very
thankful for us being there. Spoke of restaurants and attractions visited. The resolutions passed are
submitted to our Senators. The National League is big on sustainability. If we make decisions, they
must be sustainable. Public safety was a big issue.
There will be a new MN League President -Mary Hamon the Mayor of Apple Valley.
Picked New England to win the super bowl.
People have more warmth in this season.
If curious why Council members are sitting on audience chairs, we were challenged to sit in them to
see what they were like and maybe have a snore concise and efficient meeting.
Nawrocki
• Was the one to suggest removing council chairs from the budget and to replace the audience chairs.
• Attended County and City Elected Officials meeting at the National Sport Center. They spoke of
ways to raise money to improve transportation. Transportation is important in Columbia Heights to
have access to jobs.
• This Thursday, will attend the Metro Regional Transit meeting in Bloomington to discuss the policy
plan.
• DARE program - a great program our police run through the school system. DARE graduation at
Valley View will be on December 4th for fifth grade graduates and the Immaculate Conception
DARE graduation is this Thursday. Our police officers do a great job on this program.
Peterson
• Louie Egey 100th Birthday event -Steve Antus from Comcast Cable was at the celebration and it
will be broadcast on cable.
• Thanked everyone that helped with the Holiday Kick Off Party and those that attended. It was a
huge success. It was even better because our youth were involved: the Moon Shoe Players
performed, the National Honor Society served the sit down dinner, along with assistance of the
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Monday, November 26, 2007
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Columbia Heights Royalty.
• As we toured the devastation in New Orleans, I found that their community is nothing like ours. Our
streets are better, our homes are bigger and better, and their restaurants are in old buildings. This
makes me appreciate all we have. We are the best state and the best community.
Don't take ourselves too seriously. This is the season to appreciate where and how we live, and the reason
for the season should be to pay attention. Do a random act of kindness.
11. ADJOURNMENT
Mayor Peterson adjourned the meeting at 9:58 p.m.
Patricia Muscovitz CMC
City Clerk
Ordinance:
ORDINANCE NO. 1532
BEING AN ORDINANCE PERTAINING TO PROPERTY MAINTENANCE
The City of Columbia Heights does ordain: Chapter SA, of ordinance No. 1490, City Code of 2005, Housing Maintenance Code is hereby repealed and
replaced with:
CHAPTER SA: PROPERTY MAINTENANCE CODE
Article
I. GENERAL PROVISIONS
II. MINIMUM STANDARDS
III. INSPECTION AND ENFORCEMENT
IV. LICENSING
V. REMEDIES
VI. VIOLATIONS AND PENALTIES
ARTICLE l: GENERAL. PROVISIONS
Section
SA.101 Statement of purpose
SA.102 Applicability
SA.103 Definitions
§ SA.101 STATEMENT OF PURPOSE.
(A) These regulations shall be known as the Property Maintenance Cocle of The City of Columbia Heights hereinafter referred to as "this code".
(B) The provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum
requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the
elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the
occupancy of existing structures and premises, and for administration, enforcement and penalties.
(C) This code shall be construed to secure its expressed intent, which is to protect the character and stability of all premises within the city; to correct
and prevent conditions that adversely affect or are likely to adversely affect the life, safety, general welfare, and health; to provide minimum standards
for the maintenance of existing property and to thus prevent substandard property and blight; and to preserve the value of land and buildings throughout
the city. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and
safety as required herein.
(D) If a section, subsection, sentence, clause or phrase of this code is, for any
reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code.
(E) With respect to disputes between property owners (owners) and tenants, and except as otherwise specifically provided by terms of this Code, the
City Council (Council) will not intrude upon the accepted contractual relationships between owners and tenants. The Council will not intervene as an
advocate of either party, nor will it act as an arbiter, nor will it be receptive to complaints from owners or tenants, which are not specifically and clearly
relevant to the provisions of this Code. In the absence of such
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Monday, November 26, 2007
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relevancy with regard to rental disputes, it is intended that the contracting parties exercise such legal sanctions as are available to them without the
intervention of City government. In enacting this Code, the Council does not intend to interfere or permit interference with legal rights to personal
privacy.
ti SA.lf)2 AI'PLICABtLIT'y'.
(A) The provisions of this code shall apply to all matters affecting or relating to structures and premises, as set forth in Section 101.
Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall govern.
(B) Equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or
premises was constructed, altered or repaired shall be maintained in good working order. The requirements of this code are not intended to provide the
basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or
the owner's designated agent shall be responsible for the maintenance of buildings, structures and premises.
(C) Repairs, additions or alterations to a structure, or changes of occupancy, shall be completed in accordance with the procedures and
provisions of the Minnesota State Building Code, Minnesota State Fire Code, and City Code.
(D) The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies
relating to the removal or demolition of any structure which is dangerous, unsafe and unsanitary.
(E) Repairs, maintenance work, alterations or installations which are caused, directly or indirectly, by the enforcement of this code shall
be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's installation instructions.
(F) Requirements necessary for the strength, stability or proper operation of an existing frxture, structure or equipment, or for the public
safety, health and general welfare, not specifically covered by this code, shall be deterniined by the code official.
(G) The code official, officer or employee charged with the enforcement of this code, while acting for the jurisdiction, shall not thereby
be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act
required or permitted in the discharge of off cial duties. Any suit instituted against any officer or employee because of an act performed by that officer or
employee, in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the
final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in
pursuance of the provisions of this code; and any officer of the department of property maintenance inspection, acting in good faith and without malice,
shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the perforniance of official duties in
connection therewith.
~~' SA.103 DEFINITIONS.
(A) For the purpose of this code the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORYSTRUCTURE. A building or structure subordinate to the main or principal structure which is not authorized to be used for living
or sleeping by human occupants and which is located on or partially on the premises.
APARTMENT UNIT. Apartment or apartment unit, has the same meaning as Dwelling U~zil within this code.
APPROVED. An indication that an item meets construction, installation, and maintenance standards of the State of Minnesota, City Code and
code official.
BASEMENT. That portion of a building which. is partly or completely below grade.
BATHROOM. A group of fixtures consisting of a water closet, lavatory, and bathtub or shower. Such fixtures are located together on the same
floor level.
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
CITY. The City of Columbia Heights.
CITY COUNCIL. The City Council, which is the governing authority of the City of Columbia Heights.
CLEAN. The absence of rubbish, garbage, vermin or other unsightly, offensive or extraneous matter.
CODE OFFICIAL. The official who is charged with the administration and enforcement of this code, or any duly authorized representative.
CONDEMN. To adjudge unfit for occupancy.
COUNCIL. Same meaning as C/TYCOUNCIL.
DWELLING. A structure or portion thereof used, or designed to be used, rented, leased, let, or hired out to be occupied for living purposes.
Does not include rooms in motels, hotels, nursing homes, trailers, tents, cabins, or trailer coaches.
DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons including permanent provisions for
living, sleeping, eating, cooking, and sanitation.
EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the
property. The easement shall be permitted to be for use under, on or above a said lot or lots.
EXIT. A continuous and unobstructed means of egress to a public way and shall include intervening doors, doorways, corridors, ramps,
stairways, smoke-proof enclosures, horizontal exits, exit passageways, exit access, exit enclosures, exit discharge, exit courts and yards.
EXTERIOR PROPERTY The open space on the premises and on adjoining property under the control of owners, or operators of such
premises.
EXTERMINATION. The control and elimination of insects, rodents, vermin or other pests by eliminating their harborage places; by removing
or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination
methods.
FAMILY. An individual, or two or more persons each related by blood, marriage, adoption, or foster children, living together as a single
housekeeping unit; or a group of not more than throe persons not so related, maintaining a common household and using common cooking and
kitchen facilities.
FENCE. Any partition, structure, wall, or gate erected as a divided marker, barrier, or enclosure, and located along the boundary or within the
required yard.
FUNCTIONING. In such physical condition as to safely perform the service or services for which an item is designed or intended.
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Monday, November 26, 2007
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GARBAGE. As defined in Chapter 8, Article III of City Code.
GUARD. A building component or a system of building components located at or near the open sides of elevated walking surfaces that
minimizes the possibility of a fall from the walking surface to a lower level.
HABITABLE SPACE. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility
spaces, and similar areas are not considered habitable spaces.
HOT WATER. Water heated to a temperature of not less than 1 l0° Fahrenheit, measured at faucet outlet.
HOUSEKEEPING UNIT. A room or group of rooms forming a single habitable space quipped and intended to be used for living, sleeping,
cooking and eating which does not contain, within such a unit, a toilet, lavatory, and bathtub or shower.
IMMINENT DANGER. A condition which could cause serious or life-threatening injury or death at any time.
INFESTATION. The presence within or around a dwelling or dwelling unit of any insect, bird, rodent, vern~in or other pest.
KITCHEN. An area used, or designated to be used, for the preparation of food.
LABELED. Devices, equipment, appliances, or materials to which has been afrixed a label, seal, symbol or other identifying mark of a
nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic
inspection of the production of the above-labeled items and by whose label the manufacturer attests to compliance with applicable nationally
recognized standards.
L.9NDSCAPE. Site amenities, including trees, shrubs, ground covers,
flowers, fencing, berms, retaining walls, and other outdoor finishing's.
LET FOR OCCUPANCY OR LET. To permit, provide or offer
possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner
of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract
for the sale of land.
MECHANICAL EQUIPMENT. A system specifically addresses and regulated in this code and composed of components, devices, appliances
and equipment including, but not limited to, heating, ventilation, exhaust, air conditioning, and communication units integral to and located on
top, beside, or adjacent to a building.
OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied
OCCUPANT. Any person (including owner or operator) living in, or having possession of a space within a building.
OPENABLE AREA. That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the
outdoors.
OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records
of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the
estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
PERSON. An individual, heirs, executors, administrators or assigns, and also includes a firm, partnership or corporation, its or their successors
or assigns, or the agent of any of the aforesaid.
PREMISES. A lot, or parcel of land, easement or public way, including any structures thereon.
PROPERTY MAINTENANCE CODE. Chapter SA of this City Code together with the hrterrrational Property Mairrte~rarrce Code, 2006 Edition,
as amended, International Code Conference.
PROPERTY MAINTENANCE ENFORCEMENT OFFICER. Agent designated by the City Manager to enforce provisions of the property
maintenance code.
PUBLIC HALL. A hall, corridor or a passageway for providing egress from a dwelling unit to a public way and not within the exclusive
control of one family.
PUBLIC WAY. Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or
otherwise permanently appropriated to the public for public use.
RENTAL. Same meaning as LET FOR OCCUPANCY OR LET.
REPAIR. Shall mean to restore to a sound, acceptable state of operation, serviceability or appearance. Repairs shall be expected to last as long
as the replacement by new items.
REPLACE or REPLACEMENT. To remove an existing or portion of a system and to construct or install a new item of a quality similar to that
of the existing item when it was new. Replacement ordinarily takes place when repair of the item is impractical.
RETAINING WALL. A wall or structure constructed of stone, concrete, wood, or other materials, used to retain soil, as a slope transition, or
edge of a planting area.
RODENT HARBORAGE. A place where rodents commonly live, nest, or establish their habitat.
ROOMING HOUSES. Any group of rooms which form single habitable units used or intended to be used for living and sleeping, but not for
cooking or eating purposes.
RUBBISH. As defined in Chapter 8, Article III of City Code.
SAFE. The condition of being free from danger and hazards which may cause accidents or disease.
SCREENING. A barrier which blocks all views from public roads and differing land uses to off-street parking areas, loading areas, service and
utility areas, and mechanical equipment.
STORY, FIRST. The lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only
one floor level shall be classified as a first story, provided such floor level is not more than four feet below grade, as defined herein, for more
than 50% of the total perimeter, or more than eight feet below grade, as defined herein, at any point.
STRUCTURE. That which is built or constructed or a portion thereof.
TENANT. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a
unit.
TOILET ROOM. A room containing a water closet or urinal but not a bathtub or shower.
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UNS.9FE. A condition or a combination of conditions which are dangerous or hazardous to persons or property.
UNSANITARY. Conditions which are dangerous or hazardous to the health of persons.
I'EHICLEorMOTOR 1~EHICLE. As det7ned in Minnesota State Statute 169.01.
VENT/LATION. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
NEATER CLOSET. A toilet, with a bowl and trap made in one piece, which is comiected to the city water and sewage system or other approved
water supply and sewer system.
NORKNIANLIKE. Executed in a skilled and professional manner including obtaining all necessary City/State permits, inspections, approvals of
the authority having jurisdiction, adherence to all applicable codes, installation to manufacturer's specifications, the use of proper materials for
designed purposes, installation to current architectural or engineering standards, surfaces (material, color, texture) to conform to current
surrounding areas, and all work shall be generally plumb, level, square, in line, undamaged and without marring adjacent work.
YARD. An open space on the same lot with a structure.
(B) Whenever the words "dwelling unit," "dwelling," "premises," "building,"
"rooming house," "morning unit," "housekeeping unit," "structure," or "story' are stated in this code, they shall be construed as though they were
followed by the words "or any part thereof."
(C) Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the
singular number includes the plural and the plural, the singular.
(D) Where terms are not defined in this code and are defined in the Mimresota Stcrte Building Code, Minnesota State Fire Code, or City
Cade, such terns shall have the meanings ascribed to them as in those codes.
(E) Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such
as the context implies.
ARTICLE 11; 1=11NI;l~lti!41 STAND~'~RDS
Section
SA.201 Basic equipment and facilities
SA.202 Exterior Property Areas
SA.203 Exterior Structure
SA.204 Interior Structure
SA.205 Rubbish, Garbage, Recycling, and Composting
SA.206 Occupancy Limitations
SA.207 Light
SA.208 Ventilation
SA.209 Plmnbing
SA.210 Heating and Mechanical
SA.211 Electrical
SA.212 Fire Safety
t SA.201 BASIC EQUIPMENT AND FACILITIES
(A) Occupancies shall meet the minimum requirements for basic equipment and facilities as set forth in the Minnesota State Building
Code, Minnesota State Fire Code, and City Code for the type of occupancy.
(B) No owner, operator or occupant shall cause any service, facility equipment or utility which is required under this chapter to be
removed from or shut off from or discontinued for any occupied premises except for temporary interruptions as may be necessary while actual repairs or
alterations are made or during temporary emergencies. No premises may use the utilities, services or facility equipment of another premises after their
utility, service or facility equipment has been removed or stmt off unless it is with the permission of the Building Official.
(C) Buildings in existence at the time of the adopfron of the Code may have their use or occupancy continued, if such use or occupancy
was legal or legal non-conforming at the time of the adoption of the Code, provided such continued use is not dangerous to life. Non-conformities shall
follow the requirements of Chapter 9, Article 1 of City Code.
SA.202 EXTERIOR PROPERTY AREAS.
(A) Sarritatiorr. All exterior property and premises shall be maintained in a clean, safe and sanitary condition.
(B) Outside Storage. Outside storage of articles including, but not limited to, equipment, construction materials, excess soil, garbage,
rubbish, yard waste, recyclables, hazardous waste, items not designed for exterior use, and maintenance equipment shall not be allowed. A weather tight,
rodent-proof storage building or shed must be constructed for storage of items not storable within the building. Storage containers including, but not
limited to, trailers, semi trailers, cargo containers, PODS, and dumpsters, are not allowed as permanent storage structures. The use of these types of
storage containers for temporary use, up to sixty consecutive days, is allowed by meeting all requirements of City Code.
(C) Grading acrd Drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of
stagnant water thereon, or within any structure located thereon. Drainage from a property shall not adversely affect adjoining premises.
(D) Ground Cover. All exposed ground area surrounding the principle structure and accessory structures, which are not devoted to
driveways, parking areas, sidewalks, or patios, shall be sodded or landscaped with shrubs, trees, gardens, or other ornamental landscape materials.
Ground cover areas shall be maintained free of weeds, trash, yard waste, garbage and outside storage. No landscaped area shall be used for the parking
of automobiles, trucks, sport utility vehicles, buses, vans, trailers, campers, motor-homes, boats, motorcycles, personal watercraft, motorized construction
equipment, snowmobiles, all terrain vehicles, and agricultural tractors/equipment or the storage or display of materials, supplies or merchandise.
Materials used for landscaping, including but not limited to, stone, brick, wood, edging materials, plastic, weed barriers shall be maintained. Damaged or
deteriorated materials shall be repaired or replaced.
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(E) Slopes mrd Berms. Final grades with a slope ratio of greater Chan three (3) to one (l) will not be permitted without special approved
treatment such as special ground covers or reforestation, terracing, or retaining walls. Berming used to provide required screening of parking lots and
other open areas shall not have slopes in excess of three (3) Co one (I ).
(F) Trees and Il'eeds. All exterior property and premises shall be maintained free from diseased, dead and hazardous trees, noxious
weeds, and long grass per Chapter 4, Article II of City Code herein adopted by reference, and this code.
(G) Maintenance. All diseased, dead, and hazardous trees, shrubs, ground covers, and sod shall be removed and/or replaced in
accordance with this code. All trees, or other vegetation, which spring up in crevices by foundations and along walls and fences, must be promptly
removed to avoid structural damage. Tall weeds or grass shall not be allowed to grow to a height greater than allowed in Chapter 4, Article II of City
Code. Inspectors may grant an exception for wildlife areas, areas bordering ponds, wildflower areas, ornamental grasses, other such areas that are part of
an orderly landscape, and other vegetation as the Council shall, from time to time designate by resolution. These exceptions shall be maintained weed
free and confined to the designated area. Orderly landscape areas do not include yard/lawn areas that are sodded where other types of vegetation are
allowed to freely grow in it.
(H) Ti•ee Stumps. All tree stumps shall be removed to four inches below the surface of the ground, including root extensions. Stump
debris shall be removed and the hole filled in to match the surrounding area. Stumps that are to be used for other purposes including, but not limited to,
art, furniture, and landscaping shall be separated from the root system. The remaining stump/roots shall be removed as outlined above.
(I) Fire Wovd. The accumulation of twigs, branches, leaves, and trunk sections are not allowed. Firewood is allowed if it is cut to
fireplace length/split, neatly stacked in rear yards only, and is placed in an area that does not promote rodent harborage or the deterioration of adjacent
surfaces and does not adversely affect adjoining premises. No more than 400 cubic feet of stored firewood allowed per premises.
(J) Placement of Plant Materials. No landscaping shall be allowed within any drainage utility easements, road right-of--way, or
immediately adjacent to any driveway or road intersection if such landscaping would interfere with a motorist's view of the street or roadway or with the
use of the easement for its intended purpose.
(K) Sider+~a/ks, Parking, ancf Driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a
proper state of repair, and maintained free from hazardous conditions. Hazardous conditions include, but are not limited to, the accumulation of snow,
ice and debris, deteriorated, broken, uneven and missing pavement and the growth of vegetation in cracks and crevices.
All off street parking areas, all driveways leading to such parking areas and all other areas upon which vehicles may be located shall be hard
surfaced and shall conform to Chapter 9, Section [ of City Code. Driveway and parking areas that are currently hard surfaced, but do not meet all of the
current requirements, can maintain the legal non-conforming driveway and parking areas until such time as the hard surface is damaged, deteriorated, or
replaced. At which time driveway and parking areas shall be reconstructed to the current requirements of Chapter 9, Section 1 of City Code. Premises
that have handicap accessible parking shall maintain the required handicap parking per the State Building Code.
(L) Lrfestation. All structures and exterior property shall be kept free from insect, bird and rodent infestation. All structures in which
insects, birds or rodents are found shall be promptly extern~inated by approved processes that will not be injurious to human health. After extermination,
proper precautions shall be taken to prevent re-infestation. No owner or occupant of a premises shall accumulate or pennit the accumulation of any
materials in such a manner that may provide insect, bird and rodent harborage, or serve as food for same, in or about structures or premises.
(M) Exhaust Vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, water, vapor, hot air, grease, smoke, odors
or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.
(N) Accessory SCr7rchu-es. All accessory structures, including detached garages, storage buildings and sheds, shall be maintained
structurally sound and in good repair per Section 5A.203.
(O) Fences, Free Standing Walls, and Retaining Walls. All fences, free standing walls, and retaining walls shall be constructed and
regulated in accordance with Chapter 6, Article IV of the Columbia Heights City Code and maintained per section SA.203.
(P) Junk Y'elricles and Abandoned Motor Vehicles. Junk vehicles and abandoned motor vehicles shall conform to the requirements of
Chapter 7, Article II of City Code incorporated herein. Vehicles that are inoperative and are awaiting repairs on the premises of an approved repair or
body shop occupancy or their storage areas may be inoperative up to seven days. Junk or abandoned vehicles that are taken, or impounded, due to a
legal process may be stored on a premises that meets City zoning for this type of storage, for up to two weeks after the legal holding time or process is
complete. Painting of vehicles is prohibited unless conducted inside an approved spray booth. A vehicle of any type is pernitted to undergo major
overhaul, including bodywork, provided that such work is performed inside a structure or similarly enclosed area. designed and approved for
such occupancy through the Minnesota State Building Code, Minnesota State Fire Code and meeting City zoning regulations.
(Q) Defacement of Property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or
building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said
surface to an approved state of maintenance and repair per section 8.204(R) of City Code.
(R) Sx~irnnring pools. Swimming pools, spas and hot tubs, including all required fencing and safety features, shall be maintained in a
clean and sanitary condition, and in good repair. Swimming pools, spas, and hot tubs shall conform to Chapter 6, Article V of the City Code
incorporated herein by reference.
(S) Pets. Exterior of premises where animals are allowed to roam, including caged areas and pens, shall be maintained free of an
accumulation of animal waste, bedding materials and food that would attract insects, rodents, or any other vermin and cause an odor that would adversely
affect adjoining properties.
~~A.203 EXTERIOR STRUCTURE.
(A) General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the
public health, safety or welfare.
(B) Protective Treatment. All exterior surfaces, including but not limited to, siding, doors, door and window frames, cornices, porches,
trim, balconies, signs (including pilon and monument), canopies, lighting, posts/poles, decks, retaining walls and fences shall be maintained in good
condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective
covering or treatment. Rotting and deteriorated surfaces shall be replaced. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted.
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All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained
weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and con-osion and all surfaces with
rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces
designed for stabilization by oxidation are exempt from this requirement. If any structure is remove or demolished for any purpose, all parts of the
demolished structure are to be removed, including utilities, foundations and footings, unless those parts are to be reused for a new structure and is
approved by the Building Official.
(C) Premises Idertifcatiar. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the
street or road fronting the property. Where applicable, buildings shall also have approved address numbers placed in a position to be plainly legible and
visible from streets and alleys to the rear of properties. These numbers shall be Arabic numerals of a contrasting color to their background. Numbers
shall be a minimum of 4 inches (102mm) high with a minimum stroke width of 0.5 inch (12.7nnn).
(D) Sh•uctural Members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the
imposed dead and live loads.
(E) Four~danorz Walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such
condition so as to prevent the entry of rodents and other pests.
(F) Exterior Wallr. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and
properly surface coated where required to prevent deterioration.
(G) Rodent Proof. Each part of every structure shall be rodent resistant. All openings in exterior walls, foundations, basements, ground
or first floors or roofs shall be rodent-proofed in an approved manner.
(H) Roofs and Drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Rooting materials that have
deteriorated or are damaged shall be replaced. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the
structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a
manner that creates a public nuisance, or adversely affects adjoining premises.
(I) Decorative Features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be
maintained in good repair with proper anchorage and in a safe condition.
(J) Overhang E.rtersiors. All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes,
standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all
exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials,
such as paint or similar surface treatment.
(K) Staina~ays, Decbss, Porches and Balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto,
shall be maintained structurally sound, in good repair, with proper anchorage, capable of supporting the imposed loads and to the requirements of section
SA.204(D).
(L) Chimneys and Tora~ers. All chinmeys, Woking towers, smoke stacks, and similar appurtenances shall be maintained structurally safe
and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic
application of weather-coating materials, such as paint or similar surface treatment.
(M) Handrails and Guards. Every handrail and guard shall be installed and maintained per section SA.204F.
(N) Window, Skylight and Door Frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and
weather tight.
(O) Glazing. All glazing materials shall be maintained free from cracks and holes. Glazing that is replaced shall be replaced with safety
glazing where required by the State Building Code.
(P) Operable Windows. Every window, other than a fixed window, shall be easily operable and capable of being held in position by
window hardware. Operable windows located in whole or in part within 6 feet (1828 mm) above ground level or a walking surface below, that provide
access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with window sash locking devices.
(Q) Insect Screens. During the period from May 1 to September 30, every operable window and other outside openings required for
ventilation shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm). Screens shall be maintained
tight fitting and free of tears or holes. Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are
employed. Window units that have a permanent screen as part of the window unit are required to maintain the screen year round.
(R) Doors. All exterior doors, door assemblies and hardware shall be maintained in good working condition. Doors shall be maintained
free of defects, holes, or damage, shall fit reasonably well within its frame, shall be capable of being easily opened and closed, and shall be properly and
securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware. Locks at all entrances to dwelling units,
rooming units and guestrooms shall tightly secure the door. Locks on means of egress doors shall be in accordance with the State Building Code and
State Fire Code. All rated interior and exterior doors and assemblies, per the Minnesota State Building Code and Minnesota State Fire code, shall be
maintained at the intended rating. Doors and assemblies that need to be replaced due to damage or deterioration shall be replaced with doors and
assemblies that meet the intended rating.
(S) Basenaert Hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage
water. Basement hatchways that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with
devices that secure the units from unauthorized entry.
(T) Guards.for Basement ~rdox~s. Every basement window that is operable shall be supplied with rodent shields, storm windows,
screens or other approved protection against the entry of rodents.
(U) Bui/ding Security. Doors, windows or hatchways for dwelling units, rooming units or housekeeping units shall be provided with
devices designed to provide security for the occupants and property within. Doors providing access to a dwelling unit, rooming unit or housekeeping unit
that is rented, leased or let shall be equipped with a deadbolt lock meeting specifications set forth herein. Such deadbolt locks shall have a lock throw of
not less than 1-inch. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock. Such deadbolt locks shall be
installed according to manufacturer's specifications and maintained in good working order. All deadbolt locks required by this section shall be designed
and installed in such a manner so as to be operable inside of the dwelling unit, rooming unit or housekeeping unit only by the turning of a knob or a lever
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and without the use of a key, tool, combination thereof or any other special knowledge or effort.
In buildings of four or more dwelling units, rooming units or housekeeping units that are rented, leased or let and where access to the individual dwelling
units are gained through a common corridor or building entrance, an approved security system to control access shall be installed and maintained. The
security system shall consist of locked building entrance or foyer doors. Dead-latch type door locks shall be provided with releasable lever knobs (or
doorknobs) on the inside of building entrance doors and with key cylinders on the outside of the building entrance doors. Building entrance door-latches
shall be of the type that is permanently locked. A commwiication system or device such as an intercom, telephone, audible bell or buzzer or other
approved means of making contact with the individual dwelling unit tenants must be provided and maintained.
5A?04 TNTERIOR STRUCTURE.
(A) General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary
condition. Occupants shall keep that part of the structure, which they occupy or control, in a clean and sanitary condition. Every owner of a structure
containing a roaming house, housekeeping m~its, a hotel, a dormitory, two or more dwelling units or nonresidential occupancies, shall maintain, in a
clean and sanitary condition, the shared or public areas of the structure and exterior property.
(B) Structural Members. All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads.
(C) Interior Surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean, sanitary and
weatherproofed condition. Peeling, chipping, flaking or abraded paint or other surface coverings shall be repaired, removed or covered. Cracked or loose
plaster, holes, decayed wood and other damaged or defective surface conditions shall be corrected. Interior surfaces may not be covered wholly or
partially by toxic paint or materials with a lasting toxic effect. All interior surfaces shall be protected against the passage and harborage of vermin and
rodents. Interior surfaces that are part of a fire rated assembly shall be maintained to the intended rating. Mold shall be removed from all surfaces and
sub-surfaces. The cause of the mold shall be found and abated to prevent reoccurrence. Standing water and water damage shall be investigated to find
and abate the source. Surfaces that are wet and/or damaged from water shall be thorouglily dried, cleaned or replaced.
(D) Stairs and Walking Surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound
condition, free of hazards, and in good repair. Every stairway or flight of stairs, whether inside or outside of a dwelling, and every porch or balcony shall
be kept in safe condition, sound repair, and free of deterioration. Every stairwell and every flight of stairs shall have handrails which confornl to the
standards set forth in the Minnesota State Building Code. Every porch, balcony or deck which is more than 30 inches high shall have a guardrail
installed and maintained to Section SA.205(F). No flight of stairs shall have settled out of its intended position or have pulled away from the supporting
or adjacent structures enough to cause a hazard. No flight of stairs may have rotting, loose or deteriorating surfaces and supports. The treads and risers of
every flight of stairs, except spiral or winding stairways, shall be essentially uniform in width and height.
(E) I~rterior Doors. Interior doors shall be maintained free of defects, holes, or damage. Every interior door shall fit reasonably well
within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the
manufacturer of the attachment hardware. Door hardware shall be maintained in working condition.
(F) Guards and Harub•ails. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and
shall be maintained in good condition. Handrails and guards shall be installed and maintained to the requirements of the Minnesota State Building Code
and Minnesota State Fire Code.
(G) Pets. Interior of structures where animals are allowed to roam, including cages, caged areas, and litter boxes shall be maintained free
of an accumulation of animal waste that may cause an odor that could affect the health of the animal and residents and adversely affect adjoining spaces
or dwelling units.
§ SA?05 RUBBISH, GARBAGE, REC~'CLING, and COMPOSTING.
(A) Accumulation of Rubbish or Garbage. All exterior property and premises, and the interior of every structure, shall be free from any
accumulation of rubbish or garbage.
(B) Disposal of Rubbish. Every occupant of a structure shall. dispose of all rubbish in a clean and sanitary manner as established by City
Code. Rubbish, garbage, recycling, yard waste, and appliances shall not be placed on the curb line more than 24 hours prior to scheduled collection or be
left on the curb 6ne more than 24 hours after scheduled collection.
(C) Rubbish, Garbage, Recvclirrg, and Composting. Rubbish, garbage, recycling, yard waste, and composting shall be regulated in
accordance with Chapter 8, Article III of the Columbia Heights City Code, which is incorporated herein by reference. Exposure of unused refrigerators
or containers to children shall meet the requirements of MN Statute 609.675.
(D) Container Storage. The storage of garbage and recycling, and their containers, is not allowed in any public area inside of structures
unless specifically allowed by the Minnesota State Building Code and the Minnesota State Fire Code.
(E) Screening. All dumpsters and refuse containers for dwellings of three (3) or more units shall be screened from all public roads and
adjacent residential uses of property. Screening shall consist of any combination of earth mounds, walls, fences, shrubs, compact evergreen trees, or
dense deciduous hedge six (6) feet in height. Hedge materials must be at least three (3) feet in height, and trees must be at least six (6) feet in height at
planting. The height and depth of the screening shall be consistent with the height and size of the area for which screening is required. When natural
materials, such as trees or hedges, are used to meet the screening requirements of this sub-section, density and species of planting shall be such to achieve
seventy-five (75) percent opacity year-round.
~~' SA?06 OCCUPANCY LIMI'TATiONS.
(A) Occupancy limitations for all non-residential properties shall be determined by the type of occupancy and the occupant load limits set
by the Minnesota State Building Code and Minnesota State Fire Code.
(B) Permissible occupancy of rental dwelling unit. The maximum permissible occupancy of any legal or legal non-conforming rental
dwelling unit at the time this code is adopted shall be determined as follows:
(1) For the first occupant, 150 square feet of habitable room floor space and for every additional occupant thereof, at ]east 100
square feet of habitable room floor space.
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(C) The minimum permissible square footage of any new rental property, initially licensed after the adoption of this code, shall meet the
minimum requirements of Section 9.106(D) of City Code.
(D) In no event shall the total number of occupants exceed two times the number of bedrooms, in the rental dwelling unit.
(E) In no event shall an occupant be allowed to sleep in a basement, or shall a bed, in a usable position, be present in a basement unless
the space, through the City permit process, meets all requirements of the Minnesota State Building Code for use as a bedroom.
(F) No person shall occupy as an owner-occupant or let to another for
occupancy any dwelling unit for occupancy by more than one family, other than for temporary guests. Family is defined in Section 9.103 of City Code.
§ SA.207 LIGHT.
(A) Non-residential Occupancies. Lighting shall be installed and maintained to the requirements of the Minnesota State Building Code
and City Code.
(B) Residential Occupancies. Every habitable space shall have at least one window of approved size facing directly to the outdoors or to
a court. The minimum total glazed area for every habitable space shall be 8 percent of the floor area of such room. Wherever walls or other portions of a
structure face a window of any room and such obstructions are located less than 3 feet (914 mm) from the window and extend to a level above that of the
ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the
required minimum total window area for the room.
Exception: Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed
opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space, but not less than 25 square feet (2.33
m'). The exterior glazing area shall be based on the total floor area being served.
(C) Cornnron Halls and Stain+~ays. Every common hall and stairway in residential occupancies, other than in one- and two-family
dwellings, shall be lighted at all times. Where natural light is not sufficient, common halls and stairways are to be lighted with at least a 60-watt standard
incandescent light bulb for each 200 square feet (19 mZ) of floor area or equivalent illumination, provided that the spacing between lights shall not be
greater than 30 feet (9144 mm). A minimum of 1 footcandle (l 1 lux) shall be provided on the exterior pathway from the structure to the parking areas
and garages. In other than residential occupancies, means of egress, including exterior means of egress stairways shall be illuminated at all times the
building space served by the means of egress is occupied with a minimum of 1 footcandle (11 lux) at floors, landings and treads.
(D) Other Spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary
conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures.
§ 5A.208 VENTILATION.
(A) Habitable Spacer. Every habitable space shall have at least one openable window. The total openable area. of the window in every
room shall be equal to at least 45 percent of the minimum glazed area required in Section SA.207(B).
Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to
the adjoining room shall be at least 8 percent of the floor area of the-interior room or space, but not less than 25 square feet (2.33 m'). The
ventilation openings to the outdoors shall be based on a total floor area being ventilated.
(B) Nonhabitable Spaces. Laundry rooms, utility rooms, or other nonhabitable rooms shall contain a minimum total of openable window
area of no less than 1.5 square feet, except that no windows shall be required if such rooms are equipped with a functioning ventilation system which is
approved by the Building Official.
(C) Bat/voorns arrd Toilet Roorns. Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as
required by Section SA.208(A), except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted
by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated.
(D) Cooking Facilities. Ventilation of cooking facilities shall meet the requirements of the Minnesota State Building Code. Unless
approved through the certificate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance
shall not be permitted to be present in a rooming unit or dormitory unit unless specifically approved in writing by the code official.
(E) Process Ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhausC
ventilation system, meeting the requirements of the Minnesota State Building Code, shall be provided to remove the contaminating agent at the source.
Air shall be exhausted to the exterior and not be recirculated to any space.
(F) Clothes Dryer Ea:/must. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted in accordance
with the manufacturer's instructions and the Minnesota State Building Code.
~~' SA.209 PLUMBING.
(A) General. A11 plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions,
leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in
a safe, sanitary and functional condition.
(B) Minirnrnn Requirenrerrts. Each dwelling unit must contain:
a. A kitchen sink.
b. A counter or table for food preparation, cabinets and/or shelves for storage or eating, drinking, cooking equipment and utensils,
and of food that does not require refrigeration for safekeeping that shall be of sound construction covered with surfaces that are easily
cleanable and that will not impart any toxic or deleterious effect to food.
c. An operational and functioning stove for cooking food and a refrigerator for the safe storage of food which are properly installed
with all necessary connections for sate, sanitary and efficient operation. Such stove or refrigerator need not be installed when a
dwelling unit is not occupied and when the occupant is required to provide a stove or refrigerator on occupancy. If the occupant is
required to furnish a stove or refrigerator, sufficient space and adequate functioning connections for the installation and operation of
the stove and refrigerator must exist.
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d. A nonhabitable room which is equipped with a flush water closet in compliance with the Minnesota State Building Code. Such
room shall have an entrance door which affords privacy. Said flush water closet shall be eyuipped with easily cleanable surfaces.
e. A lavatory sink. Said lavatory sink maybe in the same room as the flush water closet, or, if located in another room, the lavatory
sink shall be located in close proximity to the door leading directly into the room in which said water closet is located. Said lavatory
sink shall be equipped with easily cleanable surfaces.
£ A nonhabitable room which is eyuipped with a bathtub or shower in good working condition. Such room shall have an entrance
door which affords privacy. Said bathtub or shower shall be equipped with easily cleanable surfaces.
(C) Fixture Clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning.
(D) Phunbing System Haaards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the
structure by reason of inadequate service, inadequate venting, cross connection, backsiphonage, improper installation, deterioration or damage or for
similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. If at any time the waste side of the plumbing system
backs up into a structure, thereby causing an unsanitary condition, the cause of the back up shall be investigated and abated. All surfaces and items
wntaminated shall be removed or cleaned and sterilized. The Building Official shall give final approval prior to occupancy of the contaminated space.
(E) Wafer. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected
to a public water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running
water in accordance with the Minnesota State Building Code.
(F} Corrtanairration. The water supply shall be maintained free from contamination, and ali water inlets for plumbing fixtures shall be
located above the flood-level rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs or faucets to which hoses are attached
and left in place, shall be protected by an approved atmospheric-type vacuum breaker or an approved permanently attached hose connection vacuum
breaker.
(G) Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and
appurtenances in suft3cient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks
(H) Water Heating Facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate
amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 1 10°F (43°C). A gas-
burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combus-
tion air is provided per the Minnesota State Building Code. An approved combination temperature and pressure-relief valve and relief valve discharge
pipe shall be properly installed and maintained on water heaters.
(I) Sex>er. All plumbing fixtures shall be properly connected to a public sewer system.
(J) Mainterrmrce. Every plumbing stack, vent, waste, storm water pipes, and sewer lines shall function properly and be kept free from ob-
structions, leaks and defects.
(K) Storna Drainage. Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a
manner that creates a public nuisance.
~~' SA.210 HEATING AND MECHANICAL
(A) Heating Facilities Required. Heating facilities shall be provided in structures as required by this section.
(B) Nora-Residential Occrrparrcies. All occupiable indoor workspaces shall be provided with heating facilities as required by the
Minnesota State building Code.
(C) Residential Occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68
degrees F. in all habitable rooms, bathrooms and toilet rooms. Cooking or water heating appliances shall not be used to provide space heating to meet the
requirements of this section. Portable heating equipment employing flame or the use of liquid fuel shall not be considered as heating facilities within the
meaning of this section and is prohibited. No owner or occupant shall instal], operate or use a space heater employing a flame that is not vented outside
the structure in an approved wanner. No owner shall supply portable electric heaters to comply with this section.
(D) Heat Supply. Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory
or guestroom on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from October 1 to May 1
to maintain a temperature of not less than 68 degrees F. in all habitable rooms, bathrooms, and toilet rooms. When the outdoor temperature is below the
winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system
is operating at its full design capacity.
(E) Room temperature measurement. The required room temperatures shall be measured 3 feet above the floor level and 3 feet from
exterior walls.
(F) Mecbanical Appliances. All mechanical appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating
appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function.
(G) Removal of Combustion Products. All fuel-burning equipment and appliances shall be connected to an approved chimney or vent
unless the fuel-burning equipment and appliances are labeled for unvented operation.
(H) Clem~ances. All required clearances to combustible materials shall be maintained.
(]) Safety Controls. All safety controls for fuel-burning equipment shall be maintained in effective operation.
(J) Cornbustior7 Air. A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel-burning
equipment shall be provided for the fuel-burning equipment.
(K) Energy Conser•r~ation Devices. Devices intended to reduce fuel consumption by attachment to afuel-burning appliance, to the fuel
supply line thereto, or to the vent outlet or vent piping therefore, shall not be installed unless labeled for such purpose and the installation is specifically
approved by the Building Official.
SA.21 I ELECTRICAI•.
(A) Facilities Required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this
section.
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(B) Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in
accordance with the Mimiesota State Building Code. As a minimum, existing dwelling units shall be served by a three-wire, 120/240 volt, single-phase
electrical service having a rating of not less than 60 amperes.
(C) Electrical System Hazm•ds. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the
structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or 'installation, deterioration or
damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard.
(D) Equipment. All electrical equipment, wiring and appliances shall be installed and maintained to the Minnesota State Building Code.
(E) Receptacles. Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every kitchen and
laundry area shall contain at least one grounded-type receptacle or a receptacle with a ground fault circuit interrupter. Every water closet compartment
and bathroom shall contain at least one receptacle with ground fault circuit interrupter protection.
(F) Lighting Fixno-es. Every interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room, furnace room and public hall,
shall contain at least one electric lighting fixture.
(G} Elevators, Dumbwaiters and Escalators. Elevators, dumbwaiters and escalators shall be maintained to sustain safely all imposed
loads, to operate properly, and to be free from physical and fire hazards. The most current certificate of inspection shall be on display at all times within
the elevator or attached to the escalator or dumbwaiter; or the certificate shall be available for public inspection in the office of the building operator. In
buildings equipped with passenger elevators, at least one elevator shall be maintained in operation at all times when the building is occupied. Buildings
equipped with only one elevator shall be pern~itted to have the elevator temporarily out of service for testing or servicing.
(H) Duct Svstems. Duct systems shall be maintained in a clean condition, free of obstructions and shall be capable of performing the
required function.
5A.212 FIRE SAFETY.
(A) Scope. The provisions of the Minnesota State Fire Code and Minnesota State Building Code incorporated herein by reference, and
City Code shall govern the minimum conditions and standards for fire safety relating to all premises.
(B) Systems. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination
thereof shall be installed and maintained in an operable condition at all times in accordance with the Minnesota State Fire Code.
(C) Srrroke Alar•rns. Smoke alarms in dwellings, apartment houses, hotels, and lodging houses shall be installed and maintained to the
requirements of State Statute 299F.362.
(D) Carbon Monoxide Alarms. Minnesota Statute 299F.50 requires approved carbon monoxide (CO) alarms in all single-family homes
and multifamily apartment units with. effective dates as follows.
1. All new construction single-family homes and multi-family
dwellings where building permits were issued on or after January 1, 2007.
2. All existing single-family homes effective August 1, 2008.
3. All existing multi-family or apartment dwelling units effective August 1, 2009.
(E) Carbon Monoxide Alanrr Requirements. The installation, maintenance, duties and exceptions for carbon monoxide alarms shall be as
required by State Statute 299F.50 and 299F.51.
(F) Storage. All storage in mechanical, utility, boiler, fiire suppression and laundry rooms shall conform to the requirements of the
Minnesota State Fire Code for all non-residential properties and all residential properties of three or more dwelling units. In occupancies that have
separate storage rooms, storage shall be maintained in an orderly manner with aisle ways to all parts of the room. Where storage lockers are provided no
storage is allowed outside of the lockers and the lockers are required to be locked at all times. In one and two family dwellings storage shall be
maintained in an orderly manner with a minimum 36- inch clearance from all fuel burning and electrical appliances.
(G) Hazardous storage. Hazardous items such as, but not limited to, tires, flammable gas/liquid containers, power equipment with fuel,
and explosives are not allowed to be stored in residential occupancies that are let for occupancy. Storage of these types of items in non-residential
occupancies shall meet the requirements of the Minnesota State Fire Code.
(H) Extension cords. The use of extension cords and multi-plug type of adapters shall meet the requirements of the Mim~esota State Fire
Code.
AR'T'ICLE PII: INSPEC"f ION ANL) ENF~ORCEti~tE~N1
Section
SA.301 Enforcement and inspection authority
5A.302 Inspection access
SA.303 Inspections
SA.304 Compliance order
SA.305 Posting to prevent occupancy
SA.306 Right of appeal
SA.307 Board of Appeals
§ 5A.3U1 ENFORCEMENT AND INSPECTION AUTHORITY.
The City Manager and his designated agents shall be the Property Maintenance Enforcement Officer who shall administer and enforce the
provisions of the chapter. Inspections shall be conducted during reasonable hours, and, upon request the Property Maintenance Enforcement Officer shall
present evidence of his official capacity to the owner, occupant or person in charge of a dwelling unit sought to be inspected.
§ SA.303 INSPECTION ACCESS.
If an owner, occupant or other person in charge of a premises fails or refuses to permit free access and entry to the structure or premises, or any
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part thereof, for an inspection authorized by this article, the Property Maintenance Enforcement Officer may, upon a showing that probable cause exists
for the inspection or for the issuance of an order directing compliance with the inspection requirements of this section with respect to such premises,
petition and obtain an order to inspect and/or search warrant from a court of competent jurisdiction.
SA.303 INSPECTIONS.
Premises shall be inspected in accordance with the City's "Property Maintenance Inspection Policy,"
~~' SA.304 COn~1PLIANCE ORDER.
(A) Whenever the Property Maintenance Enforcement Officer determines that any premises fails to meet the provisions of this chapter,
he may issue a compliance order setting forth the violations of the chapter and ordering the owner, occupant, operator, or agent to correct such violations.
The compliance order shall:
(1) Be in writing;
(2) Describe the location and nature of the violations of this code;
(3) Establish a reasonable time, per the Property Maintenance Inspection Policy, for the correction of such violation;
(4) Advise the person to whom the notice is directed of the right to appeal; and
(5) Be served upon the owner, agent or the occupant, as the case may require. Such notice shall be deemed to be properly
served upon such owner or agent, or upon such occupant, if a copy thereof is:
(a) Served upon them personally;
(b) Sent by mail to the address given in the most recent occupancy license application on file;
(c) Sent by mail to their last known address; or
(d) Upon failure to effect notice through subdivisions (a) thru (c} as set out in this section, posted at a conspicuous
place in or about the premises which is affected by the notice.
(B) Upon correction of all Property Maintenance Code violations as set forth in the compliance order, the Property Maintenance
Enforcement Officer shall, upon request of the owner or landlord, occupant, operator or agent issue a written statement that all violations have been
corrected in accordance with. the property maintenance code.
§ SA.3U5 POSTING TO PREVENT OCCI,PANCti'.
The Property Maintenance Enforcement Officer may post any building, structure or premises covered by this article as being in direct violation
of the chapter preventing further occupancy. Posting will occur if any owner, agent, licensee or other responsible person has been notified by inspection
report of the items which must be corrected within a certain stated period of time and that the corrections have not been made. Current occupants shall
have not more than 45 days to vacate a posted property. Current occupants shall vacate posted property immediately if such occupancy will cause
imminent danger to the health or safety of the occupants. No person, other than the Property Maintenance Enforcement Officer or his representative, shall
remove or tamper with any placard used for posting. No person shall reside in, occupy or cause to be occupied any building, structure or dwelling which
has been posted to prevent occupancy.
§ 5.4.306 RIGNT OF APPEAL.
When a person to whom a compliance order is directed alleges that such compliance order is based upon erroneous interpretation of the chapter
or upon a misstatement or mistake of fact, such person may appeal.
§ SA.307 BOARD OF APPEALS.
Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the
Board of Appeals, provided that a written application for appeal is filed within the time given, on the original violation notice, for the correction of
violations. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted there under have been
incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.
If proper application is made and fees paid, a hearing will be scheduled with the Board of Appeals.
All hearings before the Board shall be open to the public. The appellant, the appellant's representative, the code official and any person whose
interests are affected shall be properly notified of the public hearing and shall be given an opportunity to be heard.
Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforcement of the notice and order until the appeal is heard
by the appeals board.
ARTK'LE IV: OC'C'LiPANCY L1C:ENSING
Section
5A.401 License required
SA.402 License procedures
5A.403 Application and inspection
SA.404 Issuance of rental housing license
SA.405 License display
SA.406 License transfer
SA.407 License renewal
SA.408 Suspension or revocation
SA.409 License fees
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SA.410 Conduct on licensed premises
SA.41 1 Background checks
~~' SA.41)1 OCCUPANCY' LICENSE REQUIRED.
No person, firn~, government agency or corporation shall own a premises that is rented, leased, ]et, or used for any type of occupancy in the city
without having first obtained an Occupancy License (license) as hereinafter provided and outlined in the Property Maintenance Inspection Policy. Each
such licensee shall register annually with the City. If the license is denied, no occupancy of a premises, then vacant or which become vacant, is permitted
until a license has been issued. Apartment units within an unlicensed apartment building for which a license application has been made and which units
are in compliance with this chapter maybe occupied provided that the unlicensed units within the apartment building do not create a hazard to the health
and safety of persons in occupied units.
Exception: Owner occupied single-family home occupancies.
~~` S,A.402 OCCUPANCY LICENSE PROCEDURES
(A) Thirty days after the passage of this chapter, the owner of any premises within the city not previously licensed, or, the owner of any
premises whose license expires subsequent to said thirty days shall apply to the Property Maintenance Enforcement Officer for an occupancy license in
the manner hereafter prescribed.
(B) Application shall be made on forms provided by the city and accompanied by the initial fee in an amount set by resolution of the City
Council. The owner of a premises constructed after the date of passage of this chapter shall obtain a license prior to actual occupancy of the premises.
(C) Applicants shall provide requested information on license applications which may include, but is not limited to:
(]) Name and address of owner of the premises. The owner must identify a designated property manager responsible for
operation and maintenance of each licensed property. The owner maybe the designated property manager.
(2) If the property is owned by a corporation, the name and address of a corporate officer is required. The property address or
a P.O. box cannot be used to fultill this requirement.
(3) The name and address of the vendee if the property is being sold. in a contract for deed.
(4) The address of the property to be licensed.
(5) In residential property the number of dwelling units, and the number of bedrooms in each dwelling unit. In non-residential
property the square footage of the building (if wholly used by one occupant), or the square footage of the individual tenant
spaces.
(6) The number of paved off-street parking spaces available.
(7) Name and address of person to whom owner/applicant wishes aletters/notices to be sent for purposes of~~' SA.304(A).
(8) All owners of a premises shall provide contact information for the owner and property manager, including telephone access
numbers to be used in emergency situations and emergency maintenance and repair. The owner must provide the city with
any contact information changes occurring within the license period. This requirement shall be a condition precedent to the
issuance of any occupancy license.
(9) Such other information as the administrative service shall require. The information may include, but is not limited to tenant
lists which include tenant's name, unit, and identifying information (i.e., date of birth and driver's license number).
(10) The owner must submit verification that the Crime Free/Drug Free and Disorderly Use language required by section
SA.410 is contained in the licensed property tenant lease or leases.
(D) Failure to complete, in full, the required license application shall be grounds for denial of the license.
(E) Dwellings for lure where all units are occupied by the owner or persons who are the owner's child, stepchild, daughter-in-law, son-in-
law, parent, stepparent, parent-in-law, grandchild, grandparent, brother, brother- in-law, sister, sister-in-law, aunt or uncle are eligible for a family
exemption per the Property Maintenance Code Inspection Policy.
SA.403 APPLICATION AND INSPECTION.
When required in accordance with the City's "Property Maintenance Inspection Policy" the Property Maintenance Enforcement Officer shall
cause an inspection to be made of the premises to insure that the structure is in compliance with the requirement of the code prior to issuance of an
occupancy license.
~~' SA.4ll4 ISSUANCE OF OCCUPANCY LICENSE.
if the premises is in compliance with the requirements of the code, a license shall be issued to the present owner, occupant or agent and shall
state that the structure/space has been inspected and is in compliance with the requirements of the code. If the city finds that the circumstances of
occupancy following the issuance of the license involve an occupancy change, complaint, possible code violations, substandard maintenance or abnormal
wear and tear, the city may again inspect the premises during the licensing period.
SA.405 OCCUPANCY LICENSE DISPLAY.
A license issued under this chapter maybe conspicuously displayed on the premises wherever feasible. The licensee shall promptly produce the
license upon demand of a prospective tenant, current tenant or the Property Maintenance Enforcement Officer or his authorized representative.
S.A.406 OCCUPANCY LICENSE TRANSFER.
The license is transferable upon application to the Property Maintenance Enforcement Officer and payment of the license transfer fee by the
prospective owner if the licensed premises is in compliance with the code. The license shall terminate if renewal or application for transfer is not made
within 30 days after transfer of ownership of the premises. The amount of the transfer fee shall be set by Resolution of the Council.
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It shall be unlawful for die owner of any premises who has received a compliance order or upon whom a notice of violation has been served to
sell, transfer, mortgage, lease or otherwise dispose of such premises to another until the provisions of the compliance order or notice of violation have
been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of
violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or
lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the
corrections or repairs required by such compliance order or notice of violation.
§ S.A.407 OCCUPANCY LICENSE RENEWAL.
(A} All occupancy licenses shall be effective for a period of one year. However, renewal of licenses, as required annually by this code,
may he made by:
(1) Completing the renewal application furnished to the owner, operator, or agent of the premises, by the Property Maintenance
Enforcement Officer;
(2) Mailing the renewal application and the required fees to the Property Maintenance Enforcement Officer; and
(3) Successful completion of the Property Maintenance Code inspection as required by~~` SA.303.
(B} Such renewal shall only be effective upon successful completion of all the above set forth requirements. Further, said renewal or
regish•ation maybe made only when no change in ownership, operation, agency or type of occupancy of the premises has occurred in the last licensing
year.
SA.408 St?SPENSION OR REVOCATION.
(A) A license issued or renewed under this section maybe revoked or suspended upon a finding of noncompliance with the provisions of
this chapter. Reinstatement of a suspended or revoked license shall be accompanied by a fee in an amount set by Council Resolution. Issuance of a new
license after suspension or revocation shall be made in the manner provided for obtaining an initial license.
(B) The Council may, for cause, revoke or suspend a license, or take other action restricting the privileges of a license subject to the
following requirements:
(1) The City, through its Property Maintenance Enforcement Officer, provide the licensee with a written statement or reasons
or causes for the proposed Council action together with a notice for public hearing.
(2) The Council shall conduct a public hearing on the proposed action and provide findings of fact and citations to any
ordinances or regulations that have been violated, together with a statement of action taken and the conditions of any resulting revocation, suspension, or
other action restricting the privileges of the licensee.
(3) The Property Maintenance Enforcement Officer shall forward the findings and statement of action taken to the person in
whose name said license was issued by mailing the same to the mailing address indicated on the license application.
(C) A violation of any provision of this chapter or of State Law, prescribing standards of conduct or regulations governing a licensee; the
particular type of business or commercial activity or trade or occupation that is licensed; or the premises where the licensed activity is conducted; shall be
a prima facie showing of cause for revocation, suspension, or other action restricting the privileges of a licensee as the Council may determine.
(D) Nondisclosure, misrepresentation or misstatement of a material fact in any
application for a license under this chapter shall be a prima facie showing of cause for revocation, suspension, or other such action restricting the
privileges of a licensee as the Council may determine.
(E) Any person or owner who has had an interest in two (2) or more licenses revoked pursuant to this code shall be ineligible to hold or
have an interest in an occupancy license for a period of five (5) years.
SA.409 LICENSE FEES.
License fees, license transfer fees, license reinstatement fees, inspection fees and reinspection fees shall be established by Council Resolution.
SA.410 CONDUCT ON LICENSED PR.L-'MISES/CRIME FREE/DRUG FREE AND DISORDERLY' USE LEASE REQUIREMENTS.
(A) All residential tenant leases, except for state licensed residential facilities and subject to all preemptory state and federal laws, shall
contain the following, or substantially comparable to, Crime Free/Drug Free and Disorderly Use language:
(1) Crime Free/Drug Free
(a) Resident, any members of the resident's household or a guest or other person affiliated with resident shall not
engage in criminal activity, including drug-related criminal activity, on or near the premises.
(b) Resident, any member of the resident's household or a guest or other person affiliated with resident shall not
engage in any act intended to facilitate criminal activity, including drug-related criminal activity, on or near the premises.
(c) Resident or members of the household will not permit the dwelling unit to be used for, or to facilitate criminal
activity, including drug-related criminal activity, regardless of whether the individual engaging in such activity is a member of the household, or a guest.
(d) Resident, any member of the resident's household or a guest, or other person affiliated with the resident shall not
engage in the unlawful manufacturing, selling, using, storing, keeping, or giving of a controlled substance at any locations, whether on or near the
premises or otherwise.
(e) Violation of any one of the above provisions shall be a material and irreparable violation of the ]ease and good
cause for immediate termination of tenancy.
(2) Disorderly Use
(a) Resident, members of the resident's household, guests, or other persons under the resident's control shall not
engage in the following Disorderly Use activities: violations of state law relating to alcoholic beverages, trespassing or disorderly conduct; and
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violations of the Columbia Heights City Code relating to prohibited noise.
(b) Three disorderly use violations involving the same tenancy within a wntinaous twelve month period shall be a
substantial and material violation of the lease and good cause for termination of the tenancy.
(3) Definitions
(a) The term "criminal activity" means prostitution, gambling, maintaining or conducting a disorderly house,
unlawful possession, transportation, sale or use of a weapon, domestic assault, delinquency of a minor, criminal street gang activity,
threatening, intimidating or assaultive behavior, the unlawful discharge of tireanns, or any other criminal activity on or near the premises that
jeopardizes the health, safety and welfare of the landlord, his agent, other resident, neighbor or other third party, or involving imminent or
actual serious property damage.
(b) The term "drug related criminal activity" means the illegal manufacture, sale, distribution, use or possession with
intent to manufacture, sell, distribute, or use of a controlled substance or any substance represented to be drugs (as defined in Section 102 of the
Controlled Substance Act [21 U.S.C. 802]).
(4) Non-Exclusive Remedies.
(A) The Crime Free/Drug Free and Disorderly Use provisions are in addition to alt other terms of the lease and do not limit or replace any
other provisions.
(B) These lease provisions shall be incorporated into every new lease for a tenancy beginning January 1, 2008 and all renewed leases by
January 1, 2009.
(C) Upon determination by the Police Department that a licensed premises or unit within a licensed premises was used in violation of the
Crime Free/Drug Free provisions of Subsection (A) (1) herein, the Police Department shall cause notice to be made to the owner and property manager of
the violation. The owner or property manager shall notify the tenant or tenants within ten days of the notice of violation of the Crime Free/Drug Free
lease language and proceed with termination of the tenancy of all tenants occupying the unit. The owner shall not enter into a new lease for a unit located
in the licensed property with an evicted tenant for a period of one year after the eviction.
(D) Upon determination by the Police Department that a licensed premises or unit within a licensed premises was used for Disorderly Use
activities as set forth in Subsection (A)(2) herein, the Police Deparhnent shall cause notice to be made to the owner and property manager of the violation
and direct the owner and property manager to take steps to prevent further Disorderly Use violations.
(E) If a second Disorderly Use violation as determined by the Police Depamnent occurs within a continuous twelve month period
involving the same tenancy, the Police Department shall cause notice to be made to the owner and property manager of the second violation. The owner
or property manager shall respond in writing within ten (10} days of receipt of the notice with an action plan to prevent further Disorderly Use violations.
(F) if a third Disorderly Use violation as detern~ined by the Police Department occurs within a continuous twelve month period involving
the same tenancy, the Police Department shall cause notice to be made to the owner and property manager of the third violation. The owner or property
manager shall notify the tenant or tenants within ten days of the Notice of Disorderly Use violation of the Crime Free/Drug Free lease language within
the lease and proceed with termination of the tenancy of all tenants occupying the unit. The owner shall not enter into a new lease for a unit located in
the licensed property with an evicted tenant for a period of one year after the eviction.
(G) The provisions of Subsections (c), (d), (e) and (f) herein do not apply if the determination that the premises have been used in
violation of the Crime Free/Drug Free provisions of Subsections (A)(I) and (A)(2) herein originates from a call from or at the request of one or more
tenants occupying the premises for police or emergency assistance, or in the case of domestic abuse, from a call for assistance from any source. The term
"domestic abuse" has the meaning given in Minn. Stat.~~'S18B.01, subd. 2.
(H) If the licensee fails to comply with the requirements of this section, the rental dwelling license for the premises may be denied,
revoked, suspended, or not renewed. An action to deny, revoke, suspend., or not renew a license under this section shall be initiated by the City Council
at the request of the Police Department in the manner described in SA.408.
~A.411 BACKGROUND CHECKS.
For the protection of local residents, property owners, tenants, and the overall public safety of the community, the Police Department is hereby
authorized to conduct Minnesota criminal history checks for the purpose of screening potential tenants of real property, subject to the following
conditions:
(A) A request is made by the property owner/landlord in writing;
(B) A signed consent form from the subject of the check is received by the Police Department;
(C) Authorization is received from the subject of the check to release said information to the property owner/landlord;
(D) The purpose and use of said inforn~ation is solely for assisting in the
screening of potential tenants.
AP.T1C1_E. y~: REMEDIES
Section
SA.501 Hazardous building declaration
SA.502 Secure unfit and vacated dwellings
SA.503 Demolition
5A.504 Failure to comply
SA.505 Remedies cumulative
SA.506 Cost recovery
§ SA.501 HA7ARDOt1S BUILDING DECLARATION.
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hi the event that a premises has been declared unfit for human habitation and the owner/tenant has not remedied the effects within a prescribed
reasonable time, the premises may be declared hazardous and treated in accordance with the provisions of Minnesota Statutes.
(A) Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the
occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains
unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or
complete collapse is possible.
('B) Uirsafe equipnrerzt. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device,
flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a
hazard to life, health, property or safety of the public or occupants of the premises or structure;
(C) St•uct:u•e ur~t for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is
unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, contains a large accumulation of
storage or debris which causes a dangerous increase to the fire load and prevents the normal use of equipment within the structure, vernlin infested,
contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or
because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
(D) Unlaxf el stzrcta•e. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this
code, or was erected, altered or occupied contrary to City Code.
§ SA.502 SECURE UNF1T AND VACATED STRUCTt1RES.
(A) Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of
structural collapse, the code official is authorized to post a placard of condemnation on the premises and notify the owner, to order the structure closed up
so as not to constitute a public nuisance. Upon failure of the
owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any
available public agency or by contract or arrangement by private persons. Cost to close and secure structures shall be charged against the real estate upon
which the structure is located and shall be a lien upon such real estate.
(B) Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be
posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the
structure or equipment.
(C) Placar•ding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code
official shall post on the premises or on defective equipment a placard condemning the structure or equipment and a statement of the penalties provided
for occupying the premises, operating the equipment or removing the placard.
(D) Placard removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the
condemnation and placarding action were based have been eliminated. Any person who defaces or_ removes a condemnation placard without the approval
of the code official shall be subject to the penalties provided by this code.
(E) Prohibited occupancy. Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code
official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the
premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code.
~~' SA.503 DEMOLITION.
The demolition of hazardous structures shall be in accordance with Minnesota State Statute 463.00.
§ SA.504 FAILURE TO COMPLY.
Upon failure to comply with a compliance order within the time set therein, and no appeal having been taken, or upon failure to comply with a
modified compliance order within the time set therein, the criminal penalty established hereunder notwithstanding, the City Council, after due notice to
the owner, may by resolution declare the condition to constitute a public nuisance and cause the cited deficiency to be remedied as set forth in the
compliance order. The cost of such remedy shall be a lien against the subject real estate and maybe levied and collected as a special assessment in
accordance with M.S. Chapter 429, as it may be amended from time to time, for abatement of nuisances and specifically for the removal or elimination of
public health or safety hazards from private property. Any assessment levied thereunder shall be payable in a single installment unless a different
payment schedule is authorized by Council Resolution. The intent of this section is to authorize the city to utilize all of the provisions of this code and of
Minnesota. law to protect the public's health, safety and general welfare.
~~' ~A.50~ REMEDIES CUMULATIVE.
Any remedies pursued under §§ SA.501 to SA.503, are in addition to the remedies or penalties prescribed under §§ SA.601 to SA.602.
~~' SA.SUEi COST RECOVERY.
(A) The Council hereby authorizes the assessment of unpaid fees, tines, charges or expenses authorized by the Property Maintenance
Code pursuant to the provisions of the Columbia Heights City Charter.
(B) The Clerk shall establish a separate improvement fund for the administration of Property Maintenance Code charges. The costs
related to the Property Maintenance Code shall be certified annually by the Property Maintenance Enforcement Officer to the Clerk for billing, including
a statement describing the land, lots, or parcels involved and the amount chargeable to each.
(C) On or before August 1 of each year, the Clerk shall bill each property owner of each affected lot or parcel for their portion of the
charges authorized hereunder plus the reasonable cost of administering the billings and collection procedures,
(E) The Clerk shall list the total unpaid charges against each separate lot or parcel to which such charges are attributable on or before
September 1 of each year, for Council action pursuant to the provisions of this chapter.
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.1RT1C'LE V[: V101_ tT(O'ti5 AND PEtiAL"f [ES
Section
SA.601 Violations
5A.602 Penalty
~~' SA.601 V10LA1'IONS
(A) No person, firm, corporation, or licensee shall own and maintain or operate or rent to any other person for occupancy any premises,
or any part of a premises, which is in violation of Chapter SA, Article II (§~~' SA.201 et seq.), maintenance standard.
(B) No person, firm or corporation shall operate a premises without a license issued pursuant to this chapter or accept payments from a
tenant of any unlicensed premises which payment is for occupancy for a period during which the premises is not licensed pursuant to this chapter.
(C) No person, firm, corporation or licensee shall refuse or fail to allow the Property Maintenance Enforcement Officer to enter a
premises pursuant to an administrative search warrant for the purposes of inspection when authorized by this chapter.
(D) No person, firm, corporation or licensee shall fail or refuse to obey a compliance order validly issued under this code.
(E) No person, firm or corporation shall give or submit false inforniation on a license application or any renewal thereof.
(F) No person who is an occupant of an occupancy shall cause the premises on which an occupancy is located to become in violation of
any of the maintenance standards set forth in Chapter SA, Article II (§§ SA.201 et seq. ), normal wear and tear excepted.
(G) No person shall occupy a premises if such premises is required to be licensed under this chapter.
(H) No person may occupy a premises posted pursuant to § SA.304.
(I) No person, firm or corporation, including an owner, licensee or occupant, shall remove or tamper with a placard used for posting
property pursuant to this chapter.
5,4.602 PENALTY.
Any person, firnl or corporation who violates or refuses to comply with any of the provisions of this chapter is guilty of a misdemeanor, unless
herein specifically noted. Each day that a violation exists shall constitute a separate offense.
Resolutions
RESOLUTION 2007-226
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A)
of that certain residential rental license held by Jose Alonso (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real propertylocated at 1401-1403 Parkview Lane N.E., Columbia Heights, Minnesota,
Whereas, pursuant to City Code, Chapter SA, Article N, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council
action contained herein was given to the License Holder on October 17, 2007 of an public hearing to beheld on November 26, 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 September 14, 2007, inspectors for the City of Columbia. Heights, inspected the property described above and noted ten violations. A
compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License
Application.
2. That on October 17, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted ten violations
remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license
application.
3. That on November 16, 2007 inspectors for the City of Columbia Heights performed a reinspection and noted that eight violations remained
uncorrected.
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: Shall clean out the gutter full of debris, shall remove the junk vehicle from the property, shall repair the broken
wood fence, shall repair the torn shingles on the shed, shall remove the dirt pile in the back yard, shall repair the stucco around the egress
window, shall repair the torn screens on the building, shall remove all/any outside storage from the property.
5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to
the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by license number F8208 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.
RESOLUTION 2007-227
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A)
of that certain residential rental license held by Charlie Vanderlinden (Hereinafter "License Holder").
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Monday, November 26, 2007
Page 31 of 39
Whereas, license holder is the legal owner of the real property located at 961 37"' Avenue N.E., Columbia Heights, Minnesota,
Whereas, pursuant to City Code, Chapter 5A, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council
action contained herein was given to the License Holder on November 8, 2007 of an public hearing to be held on November 26, 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 1, 2007, inspectors for the City of Columbia Heights, inspected the property described above and noted three violations. A
compliance letter listing the violations was mailed by regular mail to the owner at the address listed on Che Rental Housing License
Application.
2. That on November 8, 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.
3. That on November 15, 2007 inspectors for the City of Columbia Heights performed a reinspection and noted that two violations remained
uncorrected.
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: Shall remove the brush pile next to the garage, inside the fence; shall remove all/any scrub growth around the yard
and the fence area.
5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to
the provisions of the City Code, Chapter SA, Article III 5A.306 and SA.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by license number F8714 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.
RESOLUTION 2007-229
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A)
of that certain residential rental license held by Peters Place Apartments (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 1000 Peters Place N.E., Columbia Heights, Minnesota,
Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council
action contained herein was given to the License Holder on November 8, 2007 of an public hearing to be held on November 26, 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 3, 2007, inspectors for the City of Columbia Heights, inspected the property described above and noted ten 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 8, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted ten violations
remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license
application.
3. That on November 14, 2007 inspectors for the City of Columbia Heights performed a reinspection and noted that ten violations remained
uncorrected.
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: Shall repair the door on apartment #206, shall repair the broken windows on the building, shall repair the door
closer on unit #301, shall replace the missing fire extinguisher, in the basement, south hall, shall repair the north basement Fire Door so that it
closes and latches under its own power, shall repair the rear exit door so as to close and latch under its own power, shall repair the white fence
in the parking lot that is broken, shall repair the laundry tubs that are plugged, shall lock all lockers in laundry room or advise tenants to remove
all storage from. unlocked lockers, shall remove all scrub growth on the east and south sides next to the fence
5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to
the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by license number F8435 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.
RESOLUTION 2007-230
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A)
of that certain residential rental license held by Stephen Peterson (Hereinafter "License Holder").
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Monday, November 26, 2007
Page 32 of 39
Whereas, license holder is the legal owner of the real property located at 1008-10 Gould Avenue N.E., Columbia Heights, Minnesota.,
Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written native setting forth the causes and reasons for the proposed Council
action contained herein was given to the License Holder on October 25, 2007 of an public hearing to beheld on November 26, 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 September 17, 2007, inspectors for the City of Columbia Heights, inspected the property described above and noted four violations. A
compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License
Application.
2. That on October 25, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted four violatians
remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental hauling License
application.
3. That on November 15, 2007 inspectors for the City of Columbia Heights performed a reinspection and noted that one vialation remained
uncorrected.
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: Shall remove all/any outside storage from the property.
5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate native of this hearing according to
the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by license number F8654 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 pasting of this Order revoking the license as held by
License Holder.
RESOLUTION 2007-231
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Sectirn~ SA.408(A)
of that certain residential rental license held by Mario Gutierrez (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 563 38`" Avenue N.E., Columbia Heights, Minnesota,
Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council
action contained herein was given to the License Holder on November 1, 2007 of an public hearing to be held on November 26, 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 17, 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 November 1, 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.
3. That on November lb, 2007 inspectors for the City of Columbia Heights performed a reinspection and noted that one vialation remained
uncorrected.
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: Sha11 remove all/any outside storage from the property.
5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to
the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by license number F8686 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.
RESOLUTION 2007-232
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A)
of that certain residential rental license held by Eric Russell (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 3806 Jackson Street N.E. Columbia Heights, Minnesota,
Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council
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City Council Minutes
Monday, November 26, 2007
Page 33 of 39
action contained herein was given to the License Holder on October ] 1, 2007 of an public hearing to be held on November 26, 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 December 29, 2005 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 December 29, 2005 the Fire Department gave the owner a seasonal extension to complete the correction.
3. That on June 6, 2006 inspectors for the City of Columbia Heights performed an inspection at the property and noted that one violation
remained uncorrected.
4. Six more extension were granted to the owner for additional time to complete the corrections at the property.
5. That on October 11, 2007 inspectors for the City of Columbia Heights perforned 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.
6. That on November 16, 2007 inspectors for the City of Columbia Heights performed a reinspection and noted that one violation remained
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: Shall provide a minimum 9 ft. x 20 ft. hard surface (asphalt or concrete) parking area.
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 SA, Article III SA.306 and SA.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by license number F88] 5 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. A11 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.
RESOLUTION 2007-233
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A)
of that certain residential rental license held by Tawni Traynor (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 4639-41 Washington Street N.E., Columbia Heights, Minnesota,
Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Councii
action contained herein was given to the License Holder on October 29, 2007 of an public hearing to be held on November 26, 2007.
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of
Columbia Heights makes the following:
FINDINGS OF FACT
I. That on September 25, 2007, inspectors for the City of Columbia Heights, inspected the property described above and noted three violations. A
compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License
Application.
2. That on October 29, 2007, inspectors for the City of Columbia Heights, performed a fnal 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.
3. That on November 15, 2007 inspectors for the City of Columbia Heights performed a reinspection and noted that three violations remained
uncorrected.
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: 464] -Shall repair the clogged kitchen sink, 4641 -Shall dry out and clean all/any carpet that is wet, shall remove
all/any outside storage from the property.
5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to
the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by license number F8607 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.
RESOLUTION 2007-235
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations
pursuant to Chapter 8, Article II, of City Code, of the property owned by James J. Dalkaf (Hereinafter "Owner of Record"}.
Whereas, the owner of record is the legal owner of the rea] property located at 5045 Johnson Street N.E. Columbia. Heights, Minnesota.
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Monday, November 26, 2007
Page 34 of 39
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article lI, Section 8.206, written notice setting forth the causes and reasans for the
propased council action contained herein was sent via certified mail to the owner of record nn October ] 0, 2007
Now, Yherefore, 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 follawing:
FINDINGS OF FACT
1. That on September 4, 2007 an inspection was conducted an the property listed above. Inspectors found three violations. A compliance ardor
was sent via regular mail to the owner at the address.
2. That on October 10, 2007 inspectors re-inspected the property listed above. Inspectors noted that three vialations remained uncorrected. A
compliance order and statement of cause was mailed via regular mail to the owner listed in the property records.
3. That on November 15, 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 brush piles from the yard.
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 5045 Johnson Street N.E. is in violation of the provisions of the Columbia Heights City Code as set farth 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 an the property listed abave.
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 praperty located at 5045 Johnson Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
RESOLUTION 2007-237
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations
pursuant to Chapter 8, Article II, of City Code, of the property owned by Nicholas Dawydenko (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4043 Jefferson Street N.E. Columbia Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written natice setting forth the causes and reasons for the
proposed council action contained herein was sent via certified mail to the owner of record on October 8, 2007
Now, therefore, in accordance with the faregoing, 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 September 25, 2007 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance ardor
was sent via regular mail to the owner at the address.
2. That on October 8, 2007 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A
compliance order and statement of cause was mailed via regular mail to the owner listed in the property records.
3. That on November 15, 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.
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 4043 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 campleted.
ORDER OF COUNCIL
1. The property located at 4043 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.
RESOLUTION 2007-238
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 Cade, of the property owned by Beatriz Martinez-Escobar (Hereinafter "Owner of Recard").
Whereas, the owner of record is the legal owner of the real property located at 4919-21 Jackson Street N.E. Columbia Heights, Minnesota.
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City Council Minutes
Monday, November 26, 2007
Page 35 of 39
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the
proposed council action contained herein was sent via certified mail to the owner of record on October 11, 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 August 30, 2007 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was
sent via regular mail to the owner at the address.
2. That on October 11, 2007 inspectors re-inspected the property listed above. Inspectors noted that two violations remained uncorrected. A
compliance order and statement of cause was mailed via regular mail to the owner listed in the property records.
3. That on November 16, 2007 inspectors reinspected the property and found that two violations remained uncorrected.
4. That based upon said records of the Fire Deparhnent, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall
repair the fire damaged stucco nn the house, shall repair the fire damaged soffit and fascia, shall remove all/any outside storage from the
property.
5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to
the provisions of the City Code Section 8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
I. That the property located at 4919-21 Jackson Street N.E. is in violation of the provisions of the Colwnbia 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 maybe, have expired, or such.
rights have been exercised and completed.
ORDER OF COUNCIL
1. The property located at 491.9-21 Jackson Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
RESOLUTION 2007-239
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 Maria Valdez (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 94l 45"' Avenue N.E. Columbia Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the
proposed council action contained herein was sent via certified mail to the owner of record on October 18, 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 September 18, 2007 an inspection was conducted on the property listed above. Inspectors found five violations. A compliance order
was sent via regular mail to the owner at the address.
2. That on October 18, 2007 inspectors re-inspected the property listed above. Inspectors noted that five violations remained uncorrected. A
compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records.
3. That on November 14, 2007 inspectors reinspected the property and found that five violations remained uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall
repair or replace the deteriorated overhead and service doors on the garage, shall remove all areas of scrub growth, shall install address
numbers in the following location(s): ON THE GARAGE TO BE VISIBLE FROM THE ALLEY, shall remove alUany outside storage from
the property., shall remove the dead tree (tree stump) in the yard.
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 941 45~' Avenue 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 maybe, have expired, or such
rights have been exercised and completed.
ORDER OF COUNCIL
I. The property located at 941 45`h Avenue N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
RESOLUTION 2007-240
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 Patricia J. Porter (Hereinafter "Owner of Record").
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City Council Minutes
Monday, November 26, 2007
Page 36 of 39
Whereas, the owner of record is the legal owner of the real property located at 4618 Fillmore Strec;t 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 eertifled mail to the owner of record on November 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
1. That on October 22, 2007 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 November 5, 2007 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A
compliance order and statement of cause was mailed via regular mail to the owner listed in the property records.
3. That on November 16, 2007 inspectors reinspected the property and found that one violation remained uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit:
A. Shall remove all/any outside storage from the property
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 4618 Fillmore 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 4618 Fillmore Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
RESOLUTION 2007-241
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 Tim Proue (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real. property located at 4631-33 Pierce Street N.E. Columbia Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the
proposed council action contained herein was sent via. certified mail to the owner of record on October 17, 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 September 14, 2007 an inspection was conducted on the property listed above. Inspectors found eight violations. A compliance order
was sent via regular mail to the owner at the address.
2. That on October 18, 2007 inspectors re-inspected the property listed above. Inspectors noted that eight violations remained uncorrected. A
compliance order and statement of cause was mailed via regular mail to the owner listed in the property records.
3. That on November 16, 2007 inspectors reinspected the property and found that eight violations remained uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall
replace the front storm door (4631), shall repair or replace the damaged front storm door, shall secure/close the 2nd. floor front window that has
a blanket hanging out the 2nd floor window, shall sod or seed bare areas on the north side, shall remove the scrub growth around the house that
is six feet high, shall make repairs to the cracks in the retaining wall in the back, shall remove the scrub growth from along the garage, shall
remove all/any outside storage from the property.
5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to
the provisions of the City Code Section 8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 4631-33 Pierce 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 ail 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 4631-33 Pierce 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.
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City Council Minutes
Monday, November 26, 2007
Page 37 of 39
RESOLUTION 2007-242
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 ll, of City Code, of the property owned by Gregory Stull (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 3853 3'a Street N.E., Columbia Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article 11, Section 8.206, written notice setting forth the causes and reasons for the
proposed council action contained herein was sent via regular mail to the owner of record on October 29, 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 22, 2007 the Fire Department was on the scene of the city's abatement at the old Root Equipment property located at 3930
University Avenue N.E. In the course of investigating the south end of the Root Equipment property it was noted that the property located at
3853 3`d Street N.E. had a large number of windows broken out of it and had open doors. The property has been known to be vacant.
2. That on October 22, 2007 the Fire Department sent compliance orders to the registered owners of the property ordering that they secure the
openings on the property to prevent unauthorized entry.
3. That on October 26, 2007 the Fire Department noted that house was still open and now had been stripped of all copper piping and wiring
inside. The owner of the property was contacted by the Fire Chief and authorized the City of Columbia Heights Public Works Department to
perform an immediate abatement on the structure to shut the water service off prior to the structure being boarded up.
4. That on October 29, 2007 the City of Columbia Heights Public Works Department Department shut the water to the house off.
5. 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: Approve the immediate abatement at 3853 3'a Street N.E. The Public Works Department shut off water service to the
property.
6. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to
the provisions of the City Code Section 8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 3853 3`a 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 maybe, have expired, or such
rights have been exercised and completed.
ORDER OF COUNCIL
I . The property located at 3853 3ra Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
RESOLUTION 2007-244
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 11, of City Code, of the property owned by Luis Pliego (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4936 7`t' Street N.E. Columbia Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the
proposed council action contained herein was sent via certified mail to the owner of record on October 11, 2007
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of
Columbia Heights makes the following:
FINDINGS OF FACT
I . That on September 4, 2007 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order
was sent via regular mail to the owner at the address.
2. That on October 11, 2007 inspectors re-inspected the property listed above. Inspectors noted. that two violations remained uncorrected. A
compliance order and statement of cause was mailed via regular mail to the owner listed in the property records.
3. That on November 15, 2007 inspectors reinspected the property and found that two violations remained uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall
remove all scrub growth from along the foundation of garage and alley, shall remove the appliance from along the alley.
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 4936 7`h Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of
Abatement.
2. That 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
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City Council Minutes
Monday, November 26, 2007
Page 38 of 39
rights have been exercised and completed.
ORDER OF COUNCIL
1. The property located at 4936 7`~ Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
RESOLUTION 2007-245
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatcment of ordinance violations
pursuant to Chapter 8, Article II, of City Code, of the property owned by Reno; Wiggins (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4232 ~`h Street N.E. Columbia Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article Il, Section 8.206, written notice setting forth the causes and reasons for the
proposed council action contained herein was sent via certified mail to the owner of record on October 29, 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
l . That on October ] 5, 2007 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was
sent via regular mail to the owner at the address.
2. That on October 29, 2007 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A
compliance order and statement of cause was mailed via regular mail to the owner listed in the property records.
3. That on November 16, 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.
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 4232 Sa' 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 tine 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 4232 5"' Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
RESOLUTION 2007-246
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations
pursuant to Chapter 8, Article II, of City Code, of the property owned by Luis V. Chiqui (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4110 6a' Street N.E. Columbia Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the
proposed council action contained. herein was sent via certified mail to the owner of record on November 8, 2007
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of
Columbia Heights makes the following:
FINDINGS OF FACT
1. That on September 18, 2007 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order
was sent via regular mail to the owner at the address.
2. That on November 8, 2007 inspectors re-inspected the property listed above. Inspectors noted that three violations remained uncorrected. A
compliance order and statement of cause was mailed via regular mail to tine owner listed in the property records.
3. That on November 14, 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
sod, seed, or landscape area on south side of driveway.
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 41 l0 6`h Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of
Abatement.
2. That 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
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City Council Minutes
Monday, November 26, 2007
Page 39 of 39
rights have been exercised and completed.
ORDER OF COUNCIL
1. The property located at 41 10 6`h Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
RESOLUTION 2007-247
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 lI, of City Code, of the property owned by Jarnes Onstad (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 51 18 4`h Street N.E. Colwnbia Heights, Mim~esota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons fir the
proposed council action contained herein was sent via certified mail to the owner of record on October 11, 2007
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the Gity of Colwnbia Heights, the City Council of the City of
Columbia Heights makes the following:
FINDINGS OF FACT
1. That on September 24, 2007 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order
was sent via regular mail to the owner at the address.
2. That on October i 1, 2007 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A
compliance order and statement of cause was mailed via regular mail to the owner listed in the property records.
3. That on November 15, 2007 inspectors reinspected the property and found that one violation remained uncorrected.
4. That bawd 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 t}ie property.
5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to
the provisions of the City Code Section 8.206(A) and 8.206(B}.
CONCLUSIONS OF COUNCIL
1. That the property located at 51 18 4`~ 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 5118 4`h 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.
43
OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL BUDGET HEARING
DECEMBER 3, 2007
The following are the minutes for the Truth in Taxation Hearing of the City Council held at
7:00 p.m. on Monday, December 3, 2007 in the City Council. Chambers, City Hall, 590 40th
Avenue N.E., Columbia Heights, Minnesota.
Call Truth in Taxation Hearing to Order -Roll Call
Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki,
Councilmember Diehm, Councilmember Kelzenberg
Pledge of Alle ig ance -recited
Presentation of 2008 Budget and Tax Levy Information
Nawrocki asked why this meeting was not noticed on cable TV. Peterson uidicated
because of the lack of staff and that the Special Project Coordinator position has not
been filled.
A. Walt Fehst, City Manager -present budget overview information.
Fehst indicated the General Fund, by virtue of the Ad Valorem property tax, is
$9,134,957 as initially presented. That is an increase of $427,221 over the 2007 budget
or 4.9%, due to cost of living increases, wages and benefits. The largest increases were
in the Police and Fue Departments. The EDA budget went down 44%. The City
Manager proposed the use of $150,000 in fund balance, which left a balance of
$346,000 to be made up by property taxes. Last year we had an increase of $200,000,
for the first time since 2003, in local government aid and this year we received a
$21,000 increase, which left a property tax increase of $324,728 or 5.33%. In the initial
proposal we did not anticipate the grant for the 26"' police officer, but the Council
requested to add two officers. They also suggested adding back $70,000 in
contingencies, bringing the proposed levy increase to 6.4%. Of that amount, $19,000
was added for two part time helpers at the library. We are into a ten year street rehab
program and this was the first time we asked for funding in the amount of $128,000 for
the street infrastructure program. If you add that amount, you are at 8.8%. That does not
include property value increases. One district of our city received a large property value
increase this year, but had a decrease last year. Fehst stated that he has met twice with
the County Assessor on these issues. He stated the time to protest the increase of tax is
in the spring at the Board of Review meeting.
B. William J. Ekite, Finance Director, gave a Power Point budget presentation including:
Elrite stated that this presentation deals with the entire budget in overview.
• All Budgetary Funds Revenue by Source -Intergovernmental Revenue has gone
down significantly in the last several years
• All Budgetary Funds Expenditures by Functional Area -the largest are Public
Works and Public Safety
• Sources of General Fund, Library Fund and EDA Revenue -supported by the
property tax levy.
• General Fund, Library and EDA Expenditures by Classification -personnel services
are about 70% of the total.
44
• General Fund by Percent of Total -the largest area is the Police Department at 33%,
Public Works at 24%, and Fn-e at 12.93%.
• History of Local Government Aid -there has been a large drop, switching to tax
supported aid. The LGA we lost from 2003 to 2008 was $7,767,786. Most of the loss
has been made up through an increase in property tax. City expenditures significantly
decreased.
• Property Taxes 2003 to 2008 -property tax structure.
• Where your property taxes go from 2007 to 2008 - 40% go to support city services.
Years ago it was the school that received the largest portion of taxes.
• Property Tax History from 1998 to 2008 on five selected properties - in a long range
funding plan the increase is less than $100 a year over a ten year period.
• Tax levies payable 2003-2008
• Tax levies payable 2007-2008 -there was a significant shift in who pays more,
based on how much a resident's property value increased.
Elrite explained that an increase in taxes does not mean that the city receives more. It
depends on the increase of your property value in relation to the total city's property
value.
• Cumulative LGA Lost - we have lost well over 50% of our local govermnent aid.
• LGA and Tax Levy History - in 2007 the amount is more for the first time since
2003. One of the reasons was adding a 27`" officer. Fehst stated that this is the first time
we will have a 27`" officer.
• Total Tax Supported budgets -General Fund, Library Fund, and EDA Fund. -five
years later the amount has only grown by $300,000.
• Cost savings fiom 2003 to 2008
• What will $60 a month buy -the average household monthly tax bill would be $60.
C. Presentation by staff on department needs
Bill Roddy, Acting Chief of Police, gave a power point presentation including:
• Personal services - in 2008 the increase is 2.1 percent. There have been additions to
the Police Department, including an Evidence Technician to increase CSO time on
the street. Second is the addition of a 27`" officer and a federal grant fora 26`" officer
to be placed in the middle school and used for summer patrol. The 27`" officer
should help with attrition. We have been running the department with 22 officers,
which is very difficult. Roddy stated that his short team goal is to bring the staff to
the full level.
• Anoka-Hennepin Narcotics and Violent Crimes Task Force 2007 3ra quarter
statistics. The number of cases is less in 2007 than 2006 because of placing a new
officer in this position.
• Drug Task Force Activity in Columbia Heights (2005-2007) -the number of cases
were relatively the same, but the search warrants have increased, as have the amount
of drugs that are seized.
• Drug Seizures/Buys in Columbia Heights (2005-2007) -the amount of drugs seized
had increased.
• Highlighted the Grids within the City - by percentage of crime.
• Supplies - an increase of 8.9% - in the last two budgets there have been no
increases. This includes $3,000 to begin a replacement program of radios, $1,500 for
outfitting of the 27`" officer, and $5,000 for gas and oil.
• Other Services and Charges -minimal increase; includes the acquisition of the
45
police reserve into the police department budget. Civil defense items were moved to
the Fire Department in 2008. Also includes $500 for educational reimbursement and
$1,500 decrease in telephone/telegraph line.
2006 Crime Statistic Data - Comparison of cities of similar size and composition. In
2006 Columbia Heights had 1,508 arrests and West St. Paul had 1,099. Roddy also
listed part 1 crimes and part 2 crimes. Our clearance rate in 2006 was 46% compared
to 43% in 2005. These are significant clearance rates. He stated that the officers in
this department give more than 1.00%.
Roddy indicated his appreciation for the Council's support of the department in the
last few years to get back into the pro-active mode. He stated he would like to
reintroduce Community Oriented Policing.
Nawrocki requested a copy of the material presented.
D. Becky Loader, Library Director
Loader stated the Library has been in existence since 1928, responding to the needs of the
community. As the population grew, needs and services changed including residents
accessing materials to learn to speak English and computer use has become significant.
Over the past three years, the gate count has increased 14.77%. The average attendance at a
Vikings game can be multiplied by five times to get the number of people that go through
the library doors. Loader referred to the significant use of free programs and our free
Internet. Circulation of our materials went down by 4.5% between 2005 and 2006, but this
does not include the reference resources used. Internet use increased by 106% from 2005 to
2006. We went from two to six niternet stations available for public use. In 2006 we
reintroduced programming for adults and families. There is no place for teens to gather and
they are looking for a place to meet. Staffing levels changed in 1998 when the part time
library clerk's hours were increased. Proposed in 2002 and eliminated from the budget in
2003 were 922 hours of part time help in the Page category. The current staff is five full
time and 15 part time people, and covers 60 open -public hours in a week, on two floors.
Random counts register over 50 patrons at any one time. Based on the increased volume of
patrons, the Library Board has recommended the addition of two part time positions for a
total of $19,190. Loader thanked this Council and Council's of the past for their support of
the library.
E. Walt Fehst, City Manager Budget Presentation Summation
Fehst complimented the staff, indicating thew work on the budget. He stated his alarm at the
assessed market value increase in one area of town. The assessed market value for some
commercial property has increased by 50%. This will benefit the community.
F. Public Comments
Ron Cadieux, 667 45`" Avenue NE, stated that Fridley lowered their taxes by 7% and
Columbia Heights is raising their's by 16%. He stated that he was here in April for the
Board of Review. They were going to send someone out to reevaluate his property and they
never did. Fehst stated that value was from October 2004 to 2005. Fehst stated that we
contract with the County Assessor and Fridley has an assessor on staff. Fehst stated that he
would pass the information on to the County and ask them to see him. Cadieux stated he has
lived here for 40 years and the taxes keep going up. Fehst indicated that the County
Assessor has State mandates that they must include when deterniining value.
The City Clerk referred to the 2007 April Board of Review meeting minutes, indicating that
Mr. Cadieux was to contact the County and make an appointment for review.
46
Williams indicated that residents who do not agree with their property value should come to
the April Board of Review meeting.
Nawrocki stated this meeting is a presentation of the budget, but it is a long way fiom
achieving this. Information presented would indicate the budget follows a downward trend,
but police and fire have increased since 2003. It dwells on the loss of Local Government
Aid. If LGA is increased in the future, it will be interesting to see if taxes will be reduced.
Lost LGA and tax increases are relatively equal. If this is adopted, the increases will be
about 12 percent. The amount discussed does not include the HRA Levy, the County EDA
Levy (with the County keeping 15%), and are not itemized on the tax statement. Other
increases include the five year Sanitary Sewer, Storm Sewer and Water rates, plus the
increase adopted this year, and street improvement program. Also, $3.9 million in funds
were committed for a proposed activity center. Everything in the budget should be
discussed. The Fund Balance should be used to decrease the taxes for the coming year.
Fehst questioned if the LGA was part of the MN Miracle. Nawrocki indicated that was
during the Anderson era. Fehst stated that aid has been given for 35 years and we had grown
dependent on it to provide the services that other cities have. Fehst stated that 75 percent of
our budget is for Police, Fu•e and Public Works. Fehst stated that the County HRA Levy
would to be used to remove blighted property in the city and build new homes in our town.
Fehst stated that the Council has been remarkable in staying the course on then External
Goals. You can not lose $7 million in aid and not raise property taxes. The majority of this
is social manipulation at the State level. We do have different demographics than we had in
the 1950's. Our new housing will increase our tax base by about 10 to 12 percent and that is
a major factor to keep our taxes down.
Nawrocki stated that $208,436 is the County HRA levy and our HRA levy is almost
$200,000. The County EDA Levy is $14,815. He stated that most cities are not joining that
program, only the little cities with no Community Development staff. Property taxes for
Columbia Heights residents are going up 12%.
Nawrocki stated that the dollar amount in the newspaper notice was different than that given
tonight. Elrite indicated that the State sets what amount must be published. Nawrocki asked
what is required to be included. Elrite stated it includes the total general fund budget, the
library, and the EDA amounts. Elrite stated that he would provide a detailed account of
what the State requu•es. This is set by the State for consistency and comparability. Nawrocki
stated that we did not talk about the $27 million for the public safety center and activity
center. The activity center should be subject to a referendum vote.
Rod Brannon, 1622 Innsbruck Parkway, asked if the amount you could increase taxes was
set by the Legislature. Fehst stated that the area he lives in was the area of the city where
values increased by 40%. Eh•ite stated that there is a limited property value set by the State
of 15% or 1/3 of the difference in the increase from the prior year. 15% applies to most
homes in Columbia Heights and the increase is under that limit. Brannon asked if the
amount was turned over by the Legislature. Elrite stated that it is in effect through 2008. It
has increased over the years from 10%. Fehst stated that they wanted to keep the property
tax lower for the lower and middle class, but ultimately it had the opposite effect. Brannon
asked if we have budget problems, why we are building three different stadiums. Fehst
stated that the football stadium would not be considered. Fehst suggested that Mr. Brannon
call the County Assessor in April to question the increase in his assessed market value.
47
Lee Stauch, 1155 Khyber Lane, questioned where the revenue from the Liquor Stores was
in the budget. He requested to see information on the liquor stores funds. Fehst stated that
we average about $400,000 each year and $200,000 the last two years. We are building
because our leases would have increased by triple on 37`h Avenue and twice as much on
Central Avenue. This will give us buildings to gain equity in and is a long team investment.
We will be able to pay the bond amount with the amount that was paid for leases, and still
generate funds for the general fund. Stauch stated concern on the proposal to sell liquor in
grocery stores.
Scott Rouch, 2211 40t'' Avenue NE, questioned with the tax increase why we would build
an activity center. Why are we doing all these activities at the same time? Diehm stated that
we are not building an activity center yet. We have only talked about plans and a committee
has been looking at the possibilities for the last couple of years. We have discussed this with
the YMCA who would contribute and it would be similar to a Lifetime Fitness. That has not
been decided nor has a referendum. The public should be aware that nothing has been
decided. Those that advocate the center state that we need to invest in our community in
order to maintain the value in our homes. Your home is the biggest value you have and we
want to protect that investment. We will be extremely cautious. Rouch stated his feeling
that there should be a referendum and he indicated that there are already a lot of facilities
around. Fees should be adequate to cover all operating costs.
Peterson indicated that we do need gymnasiums. Our recreation. department was removed
from a scheduled gym today. We do have a need for this. We will meet on December 17tH
and everyone is welcome to attend. The committee that has studied it for two years and the
architect will be at this meeting. Nawrocki encouraged him to make noise about his
feelings. Nawrocki stated that he supports adding a second gym to the high school gym that
is being built.
Williams stated that talk of a referendum is premature, as we want to talk to the YMCA.
They would pay operating costs. Using lease revenue bonds would save taxpayers money.
This is premature and will not happen tomorrow. Unfortunately, there is very poor
attendance at the meetings discussing an activity center. It is easy after the fact to disagree.
He stated that if this goes to a referendum it would cost 10% more to residential taxpayers.
Williams encouraged residents to be involved.
Nawrocki disagreed with YMCA comments, as it would be like the City of Elk River where
the city paid for the facility and the YMCA has control of the entire building except the
gym. Residents will also have to pay membership fees. Peterson indicated that after the
bond is paid, the City of Elk River will own the building. Fehst stated that if our fmancial
consultant would fmd it viable to borrow against a lease that the EDA would have, based on
the YMCA projection of $2,000,000 in revenue, it could be a lease purchase.
Peterson agreed that this is premature and we do not have all of the information. There is
still time to attend the December 17 meeting where there will be a lot of information
available.
Nawrocki asked how much time the Mayor would allow to get the information out to the
people. Peterson stated that if someone is interested, as the process has been going on for
two years, they should have attended the meetings. There is no guess at how the Council
will react at that meeting. If we are going to do something, we should get going. If we are
not going to do it, we should move on. Diehm asked what amount of time Councilmember
Nawrocki thought should be given. Nawrocki stated 30 days to have information available
48
and placed on cable TV. Diehm stated that there would be 30 days until. the next meeting
and she stated her belief that the newspaper would do an excellent job of covering this.
Ad,~ournment of Truth in Taxation Hearing
Mayor Peterson adjourned the meeting at 8:45 p.m.
Patricia Muscovitz CMC
City Clerk
49
ECONOMIC DEVELOPMENT AUTHORITY (EDA)
REGULAR MEETING MINUTES
OCTOBER 23, 2007
CALL TO ORDER/ROLL CALL
President, Gary L. Peterson called the meeting to order at 8:40 p.m.
Present: Gary L. Peterson, Bruce Nawrocki, Tammera Diehm, Marlaine Szurek and
Bruce Kelzenberg
Absent: Bobby Williams
Peterson asked for a rnornent of silence in remembrance of Commissioner, Patricia
Jindra the recently passed away.
PLEDGE OF ALLEGIANCE
CONSENT AGENDA
Approve Minutes of August 27 and 28th, 2007 meetings and the Financial Report and
Payment of Bills for the months of August and September 2007 on Resolution 2007-23.
Motion by Kelzenberg, second by Szurek, to approve the minutes and Resolution 2007-
23, approving the Financial Report and payment of bills for the months of August and
September 2007. All ayes. Motion Carried.
EDA RESOLUTION 2407-23
RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) APPROVING THE FINANCIAL
STATEMENT FOR AUGUST AND SEPTEMBER2007 AND PAYMENT OF BILLS FOR THE MONTHS OF AUGUST and
SEPTEMBER 2007.
WHEREAS, the Columbia Heights Economic Development Authority (EDA) is required by Minnesota Statutes Section 469.096,
Subd. 9, to prepare a detailed financial statement which shows all receipts and disbursements, their nature, the money on hand, the
purposes to which the money on hand is to be applied, the EDA's credits and assets and its outstanding liabilities; and
WHEREAS, said Statute also requires the EDA to examine the statement and treasurer's vouchers or bills and if correct, to approve
them by resolution and enter the resolution in its records; and
WHEREAS, the financial statement for the months of August and September 2007 and the list of bills for the months of August and
September 2007 are attached hereto and made a part of this resolution; and
WHEREAS, the EDA has examined the financial statement and the list of bills and finds them to be acceptable as to both form and
accuracy.
NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Economic Development Authority
that it has examined the attached financial statements and list of bills. which are attached hereto and made a part hereof, and they
are found to be correct, as to form and content; and
BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the list of bills as presented in writing are
approved for payment out of proper funds; and
BE IT FURTHER RESOLVED this resolution and attachments are to be made a part of the permanent records of the Columbia
Heights Economic Development Authority.
Passed this 23rd day of October 2007.
BUSINESS ITEMS
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Economic Development Authority ivieetii~g Mi~~utes
October 23, ?007
Page 2 of 10
Resolution 2007-24 Assignment and Assumption: Grand Central Lofts,
Commercial Improvements
Streetar stated this Assignment and Assumption Agreement transfers certain rights and
obligations in the contract for private redevelopment between the EDA and Grand
Central Properties, LLC to Grand Central Commons, LLC; Ehtesham Khoratty. This
allows Grand Central Properties LLC to sell the approximate 2-acre commercial
property to Grand Central Commons, LLC. Even though the commercial property
would no longer be owned by Mr. Kloeber, he will stilt be responsible for completing the
construction of the commercial improvements of the project in accordance with the
requirements of the private contract. The EDA must determine that Grand Centra/
Commons, LLC has the qualifications and financial capability to fulfil! the obligations in
the private contract for redevelopment. They have assembled a qualified and
experienced team to complete the commercial improvements. Staff met with all parties
and determined that Grand Central Commons, LLC is qualified and has the financial
capability to fulfill the obligations in the contract for private redevelopment. Developer,
Ehtesham Khoratty, Contractor, Pete Nelson, Designer, John Feges, Anchor Bank,
Peter Miller and Mike Norton, Kennedy & Graven are all here tonight to answer any
questions the board may have.
Nawrocki said he would like to know more about Ehtesham Khoratty. Ehtesham stated
he has his masters degree, went to Kellogg School of Management, he owns his own
company in New Jersey, owns developments on the beaches in his country,
developments, he has been in this country for 21 years. Nawrocki stated he wanted to
know a little about his finances. Peter Miller, Anchor Bank, stated he has known
Ehtesham for about two years and has handled his financial statements. The bank
approved about a $1,000,000 acquisition. He felt that Ehtesham's finances are good
and if this development goes through they would be financing the project at 100
percent.
Streetar stated he has a letter from Peter Miller, of Anchor Bank which states they are
going to provide all of the $1.4 million dollars for the development. When they come
back to the EDA they will show us they have all of the ability to build whatever they are
going to, which they have the ability to build 10,000 square feet of commercial that the
development agreement requires.
Nawrocki asked where the cost of the ramp would be coming from above and beyond
the money from Met Council. Streetar stated the cost of the ramp is driven by: 1) the
amount of commercial they build; 2) it is also driven by the value of that commercial
space, which impacts how much tax increment is available and 3) when the ramp is
built, it will be a public ramp, and this agreement would be set up something like the
ramp at the medical building on 40t" and Central for maintenance.
Peterson asked if Kloeber owns the Condos and the townhomes are already split off to
another owner. Streetar stated that was correct.
51
Economic DevelopmenC Authority Meeting Minutes
October 23, ?007
Page 3 of 10
Motion by Diehm, second by Kelzenberg, to Adopt Resolution 2007-24, a Resolution
Approving Assignment and Assumption Agreement transferring certain rights and
obligations in the contract for private redevelopment between the Columbia Heights
Economic Development Authority and Grand Central Properties, LLC to Grand Central
Commons; and furthermore, to authorize the President and Executive Director to enter
into an agreement for the same. All ayes. Motion Carried.
RESOLUTION N0.2007-24
RESOLUTION APPROVING AS5IGNMENTAND ASSUMPTION AGREEMENTTRANSFERRINGCERTAIN RIGHTS
AND OBLIGATIONS IN THE CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEtJ THE COLUMBIA HEIGHTS
ECONOMIC DEVELOPMENT AUTHORITY AND GRAND CENTRAL PROPERTIES, LLC, TO GRAND CENTRAL
COMMONS, LLC
BE IT RESOLVED By the Board of Commissioners ("Board") ofthe Columbia Heights Economic DevelopmentAuthority ("Authority")
as follows:
Section 1. Recitals.
1.01. The Authority and New Heights Development, LLC (the "Redeveloper") entered into a Contract for Private Redevelopment
dated September 22, 2003, as amended by First Amendment thereto dated April 26, 2005 and a Second Amendment thereto dated November
22, 2005 (the "Contract"), setting forth the terms and conditions of redevelopment of certain property within the Redevelopment Project,
generally located east of Central Avenue, between 4Th and 49'h Avenues.
1.02. New Heights Development, LLC changed its legal name to Grand Central Properties, LLC bui in all respects remained the
Redeveloper under the Contract, with the result that the Authority approved a Third Amendment to the Contract, approving Grand Central
as the Redeveloper and modifying certain obligations of the Redeveloper in the Contract.
1.03. The Redeveloper has procured a Subdeveloper for the Commercial Property described in the Contract, and seeks to transfer
the Commercial Property and obligations related in the Contract thereto to the Subdeveloper.
1.04. The Board has reviewed an Assignment and Assumption agreement (the "Assignment")between the Redeveloper and Grand
Central Commons, LLC (the "Subdeveloper") providing for the assignment of the rights to develop the Commercial Property to the
Subdeveloper, with the Subdeveloper assuming certain obligations of the Redeveloper underthe Contract relating to the Commercial Property
as identified in the Assignment, and finds that the approval and execution thereof and performance of the Authority's obligations thereunder are
in the best interest of the City and its residents.
Section 2. Authority Approval Further Proceedings.
2.01. The Assignment as presented to the Board is hereby in all respects approved, subject to
modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director,
provided that execution of the documents by such officials shall be conclusive evidence of approval.
2.02. The President and Executive Director are hereby authorized to execute on behalf of the Authority the Assignment and any
documents referenced therein requiring execution by the Authority, and to carry out, on behalf of the Authority its obligations thereunder.
Approved by the Board of Commissioners of the Columbia Heights Economic Development Authority this 23rd day of October 2007.
Preliminary Development Agreement for the Burger King Redevelopment Site
Schumacher stated the EDA acquired the Burger King site in 2004 for redevelopment
purposes. Tom Frattalone, owner of Frattalone Ace Hardware met with staff in the
spring to discuss the possible relocation of this hardware store, currently located near
the corner of 37t" & McKinley, of which his lease will expire soon. Staff reviewed the
redevelopment areas the EDA identified as priorities and Mr. Frattalone decided that
the former Burger King site would best suit his needs. He proposes to build a 73, 000-
14, 000 square foot retail store with an adjacent 3, 000-4, 000 square foot garden center.
Since his present lease expires on June 30, 2008, he would like to move through the
review process in a timely manner. We don't have any financials yet as we need this
first step approved first. This is a Preliminary Development Agreement, which provides
the developer the chance to provide the City with plans for development of a new
52
Economic Development Authority 1~teeting Minutes
October 23, 2007
Pale 4 of 10
hardware store. Tom Frattalone, owner of Frattalone Ace Hardware is present tonight to
state his case for the new building.
Tom Frattalone stated he was here with his father, who started the company back in
9965, and his contractor, Jim Faulkner, of Faulkner Construction. They have been in
the hardware business for 32 years and in Columbia Heights for 21 years. They are
looking to move out of their current site That no longer meets their needs to a better site.
His father is 64 and is no where ready to retire, they have 20 employees, they will be
filling the building with roughly $40 per square foot of inventory and $20 per square foot
of fixture and furniture costs, plus any other costs they may have.
Nawrocki stated he was familiar with their business, the quality, and was impressed
with his staff, but was concerned about discussions that staff has made with them on
issues like contamination clean up and funding.
Tom Frattalone stated, at this time they haven't had any financial discussions. Basically,
he would be putting in $840, 000 worth of inventory in the building, the garden center
would have a full rod iron fence with concrete fillers, on a concrete slab, professional
fixtures made to look like an up scale garden center that you might see at some of his
other sites.
Nawrocki asked how many square feet of space does he have in his current building.
Frattalone stated it has 9 9, 200 square feet with about 1, 200 square feet of the
mezzanine. Nawrocki stated the new store wouldn't be much bigger. Frattalone stated
he is looking to continue servicing the residents that want to come and purchase from a
small hardware store, and isn't looking to take on Menard's up the street.
Diehm stated she was very excited to hear about this opportunity, and that having a
Columbia Heights business relocate to another site in our City was a wonderful idea.
Motion by Diehm, second by Kelzenberg, to Approve the Preliminary Development
Agreement between Tom Frattalone and the EDA: and furthermore, to authorize the
President and Executive director to enter into an agreement for the same. All ayes.
Motion Carried.
Preliminary Development Agreement far the Beecroft Redevelopment Site
Schumacher stated City Council designated the Beecroft Redevelopment site at 37`" &
Central Avenues, and a gateway to the City, as a priority when it drafted their
redevelopment goals for the City. Community Development Block Grant funds were
used to acquire the two nan-conforming, single-family homes and demolished them. In
2003, the City acquired the Beecroft building at 3790 Central Avenue, leased it out for a
number of years to the Don-Murnane Wig Company, who retired in the fall of 2006,
leaving the building vacant. This area provides a great gateway to the City. Chris Little
and his father, Richard of C. R. O. S. Companies LLG and Loucks Associates, their
planning and design firm, have met with staff for the past few months to discuss design
options fora 9, 600 square foot building on the site. The developer is working on
53
Economic Development AEithority Meetit~~~, Mi~~utes
October 23, 2007
Page 5 of 10
sources and uses statements to determine the financial feasibility of the project and has
also obtained and executed a proposal to purchase the Chutney Resfaurant and
parking lot adjacent to the Beecroft building, from its present owner, Julio Punjani. At
this point, the developers would like to enter into a 120-day agreement to provide a
Preliminary Development agreement with the EDA to assure them the EDA will not
enter into an agreement with another party far redevelopment of the property.
Rick Little, has been involved as a real estate attorney, has done over a quarter of a
million dollars in retail such as CUB foods, Hollywood Video, Caribou Coffee, Kinkos,
Cost Cutters, Goodyear Stare, 100, 000 square feet of development in Coon Rapids.
We feel this is a wonderful corner for some of these little shops and has had some
preliminary discussions with some retailers that you don't have out here.
Chris Little stated he lives in Columbia Heights, understands the areas needs and feels
that we need this type of businesses in the City.
Nawrocki stated he was concerned with the same issues as the previous item, funding,
financing, what it will look like, etc. Schumacher stated this is a Preliminary
Development Agreement to allow them 120 days to prepare and combine the
documents that you are speaking about.
Diehm stated it was a greaf idea and looked forward to working with them and having
this Type of businesses in Columbia Heights.
Motion by Diehm, second by Kelzenberg, to Approve the Preliminary Development
Agreement between C.R.O.S. Companies LLC and the EDA for the Beecroft
Redevelopment Site; and furthermore, to authorize the President and Executive
Director to enter into an agreement for the same. All ayes. Motion Carried.
Demolition of Beecroft Building at 3710 Central Avenue
Partenheimer stated the building is vacant and is needed for development. The City
Council designated the Beecroft redevelopment site near the corner of 37r" & Central
Avenues in their redevelopment goals. The retail building has been vacant since the
fall of 2006 and the City has been granted $55, 000 in Community Development Block
Grant (CDBG) funds for its demolition. With a leaky roof and unstable foundation, the
building is in poor condition and remains a liability for the City. On October 17, 2007,
staff received the following four quotes for demolition of the building: 1) Frattalone Inc.
in an amount of $23, 600; 2) Veit Inc at $23, 859; 3) Rachel Contracting at $29, 625; and
4) Belair Excavating at $29, 830. Frattalone lnc provided the lowest quote of $23, 600
and would remove the entire building, as well as all bituminous and concrete paving,
landscaping, grading and seeding.
Nawrocki asked if we went out for bids. Partenheimer stated staff only went out and got
four bids for the board to review.
Motion by Szurek, second by Kelzenberg, to approve the low quote for the demolition of
54
Economic Development authority Meeting Minutes
October ~3, ?007
Page 6 of 10
the Beecroft building at 3710 Central Avenue from Frattaione Inc. in an amount nat to
exceed $23,600. All ayes. Motion Carried.
Industrial Park Groundwater Investigation Report of Contaminated Soil
Schumacher stated after three years, the clean up of the Industrial Park is complete,
using over $4, 500, 000 of grant funding to remove aver 138, 000 cubic yards of
contaminated soil. To date, 139 units have been built in Phase 1, with an additional 32
units under construction in Phase 1l. The final step as required by the MPCA is to
conduct a Groundwater Investigation Report of the contaminated Industrial Park.
ProSource will meet with staff from the MPCA to review the existing data, discuss our
approach and determination for well locations. Then they will prepare access
agreements and coordinate with landowners for well installation. A total of eight
monitoring wells will have fo be installed as part of this investigation. Drilling services
will be provided by Traut Well Company of Waite Park, Minnesota. All work will be
done in accordance with the Minnesota Department of Health Well Construction Code,
Minnesota Rule 4725. A geologist from ProSource will provide over site during all soil
boring and well installation activities. After the well development, ProSource will
conduct two rounds of base line sampling to evaluate groundwater quality and will also
survey each well to provide vertical and horizontal control. Once the fieldwork is
complete, ProSource will prepare a report for submittal to the MPCA, which will include
a discussion of field methods, geologic/hydro geologic conditions and analytical results,
applicable tables, figures, and/or supporting data. The cost fo complete this project is
$84, 748, which $45, 568 will cover the cost of drilling services and the remaining
$39,180 includes all labor, equipment and expenses related to coordination with
subcontractors, over site, well development, base line sampling, surveying, reporting,
project management and liaison with the MPCA. The entire cost for this scope of work
will be funded by Community Development Block Grant funds as well as the
Metropolitan Council grant dollars that have already been secured.
This will show the MPCA how deep and wide the contamination is still present. As you
know the foundry had some large drums that leaked down into the soil, which was
removed, this is the kind of information that the MPCA needs to finalize the project.
Szurek asked where are they going to put the wells. Schumacher stated they just
located them today. The sandstone rock comes up on the corner of 5t", where Rayco
was. if al! spins back to the old Honeywell building.
Szurek asked how often they monitor them and how deep will they be. Schumacher
stated they will monitor them for two years and they are 100 to 200 feet deep. What we
are saying now is that we have done what we said we wauld do. This is the findings.
Peterson asked after two years, what becomes of the wells, would ProSource remove
them. Schumacher stated ProSource will not remove them, we would have to remove
them and wasn't sure of the cost.
Motion by Diehm, second by Kelzenberg, to Approve the ProSource Industrial Park
55
Economic Development Authority Meeting Mim~ites
October 23, ?007
Page 7 of 1 U
Groundwater Investigation Report of contaminated soil scope of work and contract, not
to exceed $84,748 and furthermore, to authorize the President and Executive Director
to enter into an agreement for the same. All ayes. Motion Carried.
Resolution 2007-21 and 2007-22, 2008 Budget and Levy
Streetar sfated the focus of the EDA since 2002 has been redevelopment of specific
areas and improvement of the housing stock. The EDA budget for 2008 is $274, 863,
which allows the continued implementation of the EDA's priorities related to
redevelopment, and housing. This is a reduction from last year of approximately
$40, 000. The EDA raises this amount through two levies; the EDA levy of $78, 622 and
the HRA levy of $196,241. These fund the authority staffing and supplies. The EDA
must pass a resolution approving and recommending the EDA budgef of $274, 863 and
a levy of $78, 622 to the City Council for approval and a resolution approving and
levying subject to City Council approval, the special benefit levy of $196,241. Over six
years the whole budget has increase $22.5 or about 1.6% a year. There is no new
programs or new staff, just a reduction in the amount.
Nawrocki stated this wasn't the total budget for your department, but it is far from true.
You have all these special funds that people keep dipping their hands in. Streetar
asked, if there were any special funds he would like information on, as he isn't aware of
these funds. Nawrocki stated he would get him a list.
Nawrocki asked what is the special benefits levy for. Streetar stated the $274, 000
funds the redevelopment and housing activities in this City or the EDA and HRA.
Nawrocki asked if the EDA levy is a part of the general fund and the HRA levy is the
hidden funds. Streetar stated this is a public meeting, and taxes in this City are taxed
at the lowest effective rate in the metropolitan area.
Motion by Diehm, second by Kelzenberg, to Adopt Resolution 2007-21, being a
Resolution of the Columbia Heights EDA Adopting the 2008 Budget of $274,863 and a
levy of $78,622 and recommending approval of the same to the City Council. All ayes.
Motion Carried.
Motion by Diehm, second by Kelzenberg, to Adopt Resolution 2007-22, being a
Resolution of the Columbia Heights EDA approving a special benefit of $196,241 and
recommending approval of the same to the City Council. All ayes. Motion Carried.
EDA RESOLUTION 2007-21
RESOLUTION OF THE ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR COLUMBIA HEIGHTS (EDA) ADOPTING A BUDGET
AND SETTING THE EDA LEVY.
BE IT RESOLVED By the Columbia Heights Economic Development Authority (EDA) of Columbia Heights, Minnesoia as follows:
WHEREAS, the Columbia Heights City Council established the Columbia Heights Economic Development Authority January 8, 1996
pursuant to Minnesoia Statutes 469.090 to 469.1081; and
WHEREAS, the City Council has given to the EDA the responsibility for all development and redevelopment projects and programs; and
WHEREAS, the EDA is authorized under State Statutes, Section 469.107 to levy a tax on its area of operation for the purposes authorized
under State Statues 469.090 to 469.1081, subject to consent by the City Council.
56
Economic Development Authority Meeting Minutes
October 23, ?007
Page 8 of 10
NOW, THEREFORE BE IT RESOLVED BY THE EDA FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA THAT:
1. The EDA adopts and recommends to the City Council for approval a budget of 5274.863 for year 2008.
2. The EDA adopts and recommends to the City Council for approval a levy of 578.622 for year 2008.
The Executive Director is instructed to transmit a copy of this resolution to the City Manager and Finance Director/City Clerk of the City of
Columbia Heights, Minnesota.
APPROVED TH15 23rd DAY OF October 2007.
RESOLUTION NO.2007-22
AUTHORIZING THE LEVY OF
A SPECIAL BENEFIT LEVY PURSUANT TO MINNESOTA STATUTES,
SECTION 469.033, SUBDIVISION 6 AND APPROVAL
OF A BUDGET FOR FISCAL YEAR 2008
WHEREAS, pursuant to Minnesota Statutes, Section 469.090 to 469.1081 ("EDA Act")the City of Columbia Heights ("City") created
the Columbia Heights Economic Development Authority (the "EDA"}; and
WHEREAS, pursuant to City Resolution 2001-62 and Ordinance No. 1442, the City Council granted to the EDA all powers
and duties of a housing and redevelopment authority under the provisions of Minnesota Statutes, Sections 469.001 to 469.047 (the
"HRA Act"), except certain powers that are allocated to the Housing and Redevelopment Authority in and for the City of Columbia
Heights (the "HRA"}; and
WHEREAS, Section 469.033, Subdivision 6, of the HRA Act permits the EDA and HRA, together, to levy and collect a special benefit
levy of up to .0144 percent of taxable market value in the City upon all taxable real property within the City; and
WHEREAS, the EDA desires to levy a special benefit levy in the amount of .0144 percent of taxable market value in the City; and
WHEREAS, the EDA understands that the HRA does not expect to levy a special benefit tax for fiscal year 2008; and
WHEREAS, the EDA has before it for its consideration a copy of a budget for its operations for the fiscal year 2008 and the amount
of the levy for collection in 2008 shall be based on this budget.
NOW, THEREFORE, Be It Resolved by the Board of Commissioners of the Columbia Heights Economic Development Authority:
The budget of $274.863 for the operations of the EDA presented for consideration by the Board of Commissioners of the
EDA is hereby in all respects approved. Such budget includes the amount the EDA requests (by separate resolution) to be levied by the City
under Minnesota Statutes, Section 469.107, togetherwith the amount to be levied hereunder by the EDA under Minnesota Statutes, Section
469.033. subdivision 6.
Staff of the EDA are hereby authorized and directed to file the budgetwith the City in accordancewith Minnesota Statutes,
Section 469.033, Subdivision 6.
There is hereby levied, subject to the approval of the City Council of the City, a special benefit levy pursuant to
Minnesota Statutes, Section 469.033, Subdivision 6, in the amount equal to the lesser of a levy at a rate of .0144 percent of taxable
market value in City, or $196.241 with respect to taxes payable in calendar year 2008.
4. Staff of the EDA are hereby authorized and directed to seek the approval by resolution of the City Council of the City of the
levy of special benefit taxes in 2008 and to take such other actions as are necessary to levy and certify such levy.
Motion passed this 23rd day of October 2007.
Acquisition of 3805 2nd Street
Partenheimer stated the owners, Lisa and Steve Petersen of 3805 2"d Street,
approached staff to determine if the City would be interested in negotiating a sale price
for the single-family home, built in 1922, approximately 732 square feet, on a corner lot
80 x 130, zoned R-2, after they determined the home would be unprofitable to repair
57
Gconrnnic Development Authority h-4eeting Minutes
October 23, 2007
Page 9 of 10
after the fire on September 7, 2007, which left it uninhabitable. The land and
improvements are assessed at $139,200 and the land at $91, 600 for pay 2008. The
property owner is willing to sell the property for $100, 000, plus closing costs and
outstanding assessments, which would result in the purchase price of approximately
$105,000. Staff has talked to GMHC, which would demolish the home and build two,
new, single-family for sale homes similar to the ones they are building on Jefferson
Street, with a target price of $235, 000 each. The cost, to acquire the property,
demolish, and construct two, new homes is estimated at $556, 647. The sale of both
homes would generate $470, D00 of revenue, leaving a balance of $86, 647 necessary
for funding assistance to make it feasible. GAP funding assistance could come from
the Anoka County HRA levy the City Council approved on September 10, 2007. Funds
would initially come from Fund 420- Capital Improvement- Development Fund, and
would be repaid after January 1st with the Anoka County HRA Levy funds. To access
these funds, the City Council wauld need to pass a resolution requesting the funds from
the Anoka County HRA's meeting of November 26, 2007. Karen Skepper from Anoka
County has indicated this could be a qualifying expenditure. Staff is requesting
authorization to negotiate a purchase agreement with the owners of 3805 2"d Street and
prepare a development agreement between the EDA and GMHC to be presented for
approval at the EDA's November 27th meeting.
Peterson stated it was a good deal. Diehm and Szurek agreed with him.
Nawrocki stated the property is certainly not worth $100, 000, they bought the home a
couple of years ago when it was habitable and now it is uninhabitable, and felt it wasn't
a good deal.
Streetar stated the land is valued at $92, 000, which is $10, 000 difference, they have a
mortgage to pay oft; so if the City chooses not to do anything, I'm sure it will stay there
just like 4141 Jefferson did for two years and become blighted in the neighborhood. So
it is a way to get two brand new, single family homes and provide a boost to that
neighborhood and as Partenheimer mentioned the money could come from the Anoka
County levy. All the council has to do is to pass that resolution before the end of the
year and you will get that money immediately.
Nawrocki stated it is questionable if that property will sit that long, if they have a
mortgage on the property, which you said they do, we assume they had insurance,
maybe they didn't. Diehm stated what we are saying is even if the bank forecloses, it
will sit. Nawrocki stated his point is that we are paying way too much for the property.
Peterson stated that is your opinion.
Resident, Lisa Peterson stated she is the owner of the property, it's not going to just sit,
l'm going to fix it up if the City doesn't buy the house. But being a resident of Columbia
Heights also she would much rather that the City buy the property, tear down the little
tiny house and build two beautiful homes, like what they are doing on Jefferson. She
tried to rent out the home, and got some bad renters who burned the inside of the
house.
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Economic Development Authority Meeting Minutes
October 23, ?007
Page 10 of 10
Nawrocki stated if he were her, he would probably say the same things. Lisa Peterson
stated, actually Bruce l am loosing about $25, 000, of what /have originally put into that
house.
Motion by Diehm, second by Szurek, to authorize staff to negotiate a purchase
agreement with the owners of 3805 2~d street NE for a total price, including closing
costs and outstanding assessments, not to exceed $105,000.
Upon Vote: Nawrocki-nay, Ke{zenberg-aye, Diehm-aye, Peterson-aye, Szurek-aye.
Motion Carried.
ADJOURNMENT
President, Peterson, adjourned the meeting at 10:03 p.m.
Respectfully submitted,
Cheryl Bakken
Community Development Secretary
H:\EDAminutes2007\10-23-2007 EDA
59
City of Columbia Heights
Park and Recreation Commission
October 24, 2007
Tom Greenhalgh called the meeting to order at 6:30 p.m.
ROLL CALL
Members present: Tom Greenhalgh; Stan Hoium; Kevin McDonald; David
Payne; Marsha Stroik; Keith Windschitl, Recreation
Du•ector; Kevin Hansen, Public Works Director/City
Engineer; Gary Peterson, Mayor
APPROVAL CONSENT AGENDA
Motion by Payne, second by McDonald, to approve consent agenda. Upon vote: all ayes,
motion carried.
LETTERS AND REQUESTS
A. Request for afee-waived rental of JPM to hold the Holiday Kickoff Party
Windschitl advised the members that the usage fee was previously waived for the
Holiday Kickoff Party because this fund donates money back to the Recreation Program.
The Activities fund covers the costs for security and linen rentals. The Columbia Heights
Lion's Club will bartend. Mayor Peterson stated that the event would be held on
Saturday, November 10.
Motion by Hoium, second by Payne, to waive the rental fee for this event. Upon vote: all
ayes, motion carried.
OLD BUSINESS
A. 2007 Parks Capital Improvements: Silver Lake Park & Sullivan Lake Park picnic
shelter options.
Hansen stated that sample park shelter designs were emailed to all Commission
Members. The overall park plans are approximately 66% complete. At Silver Lake
Beach the shelter would be 24 x 24. Staff had originally recommended a square shelter
with a blue hip roof and white steel posts. Stroik asked how much the shelter would cost.
Hansen replied that it would be approximately $23,000 for material costs and $7,000-
$10,000 for installation. He does not recommend stone columns because that would raise
the cost and stone would require more maintenance. Stroik asked if there would be extra
maintenance with a 2 tier roof as in the example and suggested a more natural look and
color of the shelter; especially for a beach area. Hansen indicated that the playground
equipment would be natural colors and not bright colors.
Motion by Stroik, second by Payne, to install a Classic Recreation Shelter, without stone
that is easy to maintain, picking a color in a natural shade and not the bright blue. Upon
vote: all ayes, motion carried.
60
Park & Recreation Commission
10/24/2007
Page 2
Hansen stated that Candace Amberg fi-om Brauer & Associates, Ltd. suggests a Classic
Recreation 40x60 foot shelter at Sullivan Lake Park. Commission Members did not like
the design of the Architect's suggested shelter. Payne asked if a shelter that large in size
is needed. Windschitl replied that there are many park reservations asking for a larger
shelter. He informed the Commission that he contacted Medtronic regarding funding for
the shelter at Sullivan Lake. Medtronic will be speaking with theli• foundation and will
reply back to him.
Staff suggested two 32-foot square shelters at Sullivan Lake Park, as one photo design
indicated. Placing them side-by-side creates the opportunity to rent out the shelter area to
one large group or two small groups.
Motion by Payne, second by Stroik, to install two 32-foot, 2 tier shelters, similar to the
look of the Litchfield Industries. Upon vote: all ayes, motion carried.
NEW BUSINESS
Hansen reported the Fire Department and Police Department have received concerns
from residents around Ramsdell Park regarding High School students parking at
Ramsdell Park instead of paying for the school parking lot. The Police have observed the
parking lot at Ramsdell being used by students from 7:00 a.m. unti12:30-3:00 p.m.
Hansen suggests posting a 2 hour parking limit to make the lot available to park users and
maintenance workers. Signing would indicate the 2-hour parking from 7:00 a.m. to 1:00
p.m. and would be enforced during school days. The Police are in agreement and willing
to enforce the posting and inform students. When the police start ticketing they will first
use warnings.
Motion by McDonald, second by Payne, to post a 2-hour time limit on parking at
Ramsdell Park during school days. Upon vote: all ayes, motion can-ied.
Windschitl reported the overall budget has increased approximately 4% from 2007 to
2008. Utilities have increased. The current grant, the 215` Century Grant, ended in July.
The Recreation Department applied with the School District for a replacement and was
denied. Windschitl reported that he just received approval on a recent grant for
approximately $35,000. That will be used mainly for summer programming. The
Murzyn Hall budget has increased slightly due to more part-time staff needed for
additional rentals. In the 2008 budget there is a budget item of $2000 for a study done by
Honeywell to assess the current HVAC system and make recommendations. The
expense would only be incurred if we choose not to use Honeywell for any of the
improvements. As the life expectancy of the roof is only 3-4 years, as reported by the
consultant last year, the Recreation Director feels we need to make improvements to the
heating and cooling of the building prior to redoing the roof.
RF.P()RTS
Recreation Director
Windschitl informed the Commission Members that at the December meeting there
would need to be discussion on the rental rates of John P. Murzyn Hall.
61
Park. & Recreation. Commission
10/24/2007
Page 3
Public Works Director/City Engineer
Hansen reported that two aerators were purchased for LaBelle and Huset Parks. The
electrical will be put in this fall to be operational in the spruig. The previous fountain at
LaBelle Park was removed.
Commission Members
Hoium asked if the boilers for JPM were turned on. He stated that the last bar he worked
for the CH Lion's Club was very cold. Windschitl replied that it could have been
because of the air-handling unit that recently went out. The boilers are turned on.
Stroik indicated that the Columbia Heights High School National Honors Society
students need to fulfill volunteer hours and opportunities.
ADJOURNMENT
Tom Greenhalgh adjourned the meeting at 7:30 p.m.
Deanna Saeflce
Recreation Clerk Typist II
62
PLANNING AND ZONING COMMISSION
MINUTES OF THE REGULAR MEETING
DECEMBER 4, 2007
7:00 P1VI
The meeting was called to order at 7:00 pm by Chau-Marlaine Szurek.
Commission Members present- Thompson, Fiorendino, Schmitt, Peterson, and Szurek.
Also present were Jeff Sargent (City Planner), Gary Peterson (Council Liaison), and Shelley Hanson
(Secretary).
Motion by Thompson, seconded by Sclzrnitt, to approve the mina~ttes from the meeting of November 6, 2007.
All ayes. MOTION PASSED.
PUBLIC HEARINGS
CASE NUMBER: 2007-1201
APPLICANT: VFW Post #230
REQUEST: Zoning Amendment for Rezoning of Parcels
4438, 4442, & 4446 Central Ave
INTRODUCTION
At this time, the VFW Post #230 is requesting a rezoning of the properties located at 4438, 4442 and 4446
Central Avenue from Limited Business District (LB) to General Business District (GB). The VFW Post
#230 is located at 4446 Central Avenue and is currently zoned LB. The Zoning Code does not allow for
the VFW use in the LB zoning district, meaning that the VFW is currently considered legally
nonconforming.
Since the smoking ban throughout Minnesota went into effect on October 1, 2007, the VFW has contacted
the City regarding the possible construction of an outdoor smoking area for its patrons. The legally
nonconforming status of the building does not allow any type of expansion to the building under Minnesota
State Statute 462.357, subd. le. For this reason, the only way in which the VFW could construct any type
of addition to its building would be if the property were rezoned to a classification that would allow the
VFW use.
The property to the south of the VFW is asingle-family house, located at 4442 Central Avenue. The
property to the south of 4442 Central Avenue serves as over-flow parking for the VFW and is owned by the
same. The request to rezone the three parcels to GB would keep the consistency of zoning classifications
between the VFW and its over-flow parking lot.
Single-family homes are not permitted in the LB District, so the home located at
considered legally nonconforming for this reason. The GB District also does not allo
homes. Rezoning the parcel at 4442 Central Avenue from LB to GB would not
classification as a legally nonconforming structure.
4442 is currently
w for single-family
change building's
63
PLANNING & ZONING COMMISSION MINUTES
PAGE 2
DECEMBER 4, 2007
COMPREHENSIVE PLAN
The Comprehensive Plan currently guides the property for Commercial Use. Therefore, the rezoning of the
property fiom LB to GB would be consistent with the intended use of the property, and thus consistent with
the Comprehensive Plan.
ZONING ORDINANCE
The VFW use would be consistent with the types of uses allowed with the proposed zoning classification of
the property as General Business. By rezoning the property, the City would bring the VFW into conformity
with the zoning ordinance, and the VFW would no longer be considered legally nonconforming. With the
rezoning complete, the VFW would be able to apply for a building permit for the construction of an
outdoor smoking area.
FINDINGS OF FACT
Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the
following four findings before approving a zoning amendment:
The amendment is consistent with the Comprehensive Plan.
The Comprehensive Plan currently guides the property for Commercial Use. Therefore, the
rezoning of the prooper7y from LB to GB wor~rld be consistent with the intended use of tlr~e
prroperty> and thus consistent with the Comprehensive Plan.
2. The amendment is in the public interest and is not solely for the benefit of a single property
owner.
Cun-ently, the building located at 4446 Central Avenue is a nonconforming use, as a VFW is not
per~rnitted in the LB District. The prroposed r•ezonirzg of the prroper-ty would bring the VFW into
compliance with the Zoning Code. Bringing norr~confor~ning uses into compliance nn~tlz the
zoning code is beneficial to the City.
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 uses of the properties are: the VFW, a single family house, and a parking lot. The
VFW use is consistent with the types of uses allowed along Central Avenue. All the parcels on
the east side of Central Avenue are zoned GB as well.
4. Where the amendment is to change the zoning classification of a particular property, there has
been a change in the character or trend of development in the general area of the property in
question, which has taken place since such property was placed in the current zoning
classification.
The trend of development acrd redevelopment along Central Averrrre has promoted Central
Avenue as the main commercial corridor for- Columbia Heights. The LB zoning classification it
restrictive in allowing the types of uses that are compatible with the r-ernainder- of Central
Avenue. The GB zoning classification is rnor•e consistent with the types of uses that Central
Avenue promotes.
Staff recommends approval of the rezoning request to change these properties from LB to GB,
64
PLANNING & ZONING COMMISSION MINUTES
PAGE 3
DECEMBER 4, 2007
Questions from members:
Peterson asked why the entu•e block was not being re-zoned. Sargent explained that staff considered that,
but decided against doing so. He said this request brings the VFW properties into compliance. If the entire
block were re-zoned, the apartment building that is an accepted use in the LB zoning would then become
non-compliant. By re-zoning these three properties, it brings as many properties as possible into
compliance, and does so keeping the zoning areas "blocked together" so it doesn't appear to be "spot
zoned". The only properties that would still be legally non-conforming are the single family homes in this
block that would be non-conforming no matter if they were zoned LB or GB.
Schmitt thought Pro Ex at 4400 Central Ave was already zoned General Business. Sargent said according
to the most recent maps he has, it is zoned LB.
Fiorendino asked how the house at 4442 Central Ave would be affected by this change. Sargent explained
that nothing will change for that property since it is a legally non-conforming structure either way. He said
the property cannot be expanded, but can continue to be used as is.
The Public Hearing was opened.
Brian Spencer and Jerry Wegscheid were present from the VFW.
Lorraine Ayson from 4416 Central Ave. expressed concern if the block were re-zoned what affect it would
have on the single family homes. She wondered if it gave the city rights to buy up the properties or
if it would have any significant impact on them. Sargent told her as long as the home is not vacated for
more than one year or sold for other use, it may continue to be used as a single family home. He told her
the homes cannot be added on to, but they can be sold as a residence as long as that use is continual.
The Public Hearing was closed.
Motion by Peterso~a, seconded by Schmitt, that the Planni~ag Commission recommends the City Council
approve the rezoi~iing of tdze properties located at 4438 Ce~~itral Avenue, 4442 Central Avenue a~ad 4446
Central Avenue from Limited Business District (LB) to General Business District (GB). All ayes. MOTION
PASSED.
The attached Ordinance will go to the City Council for the first reading at the December 10, 2007 meeting.
The second reading will occur at the January meeting and it will go into effect 30 days after that Sargent
informed the members that the VFW will bring in plans for approval regarding the patio area for smoking
at the meeting in January.
65
PLANNING & ZONING COMMISSION MINUTES
PAGE 4
DECEMBER 4, 2007
ORDINANCE XXXX
CITY OF COLUMBIA HEIGHTS, MINNESOTA
BEING AN ORDINANCE PERTAINING TO ZONING AND DEVELOPMENT ORDINANCE NO. 1428,
PERTAINING TO THE REZONING OF A CERTAIN PROPERTIES LOCATED AT 4438, 4442 AND 4446
CENTRAL AVENUE NE
SECTION 1:
WHEREAS, the City of Columbia Heights' Zoning Code encourages the gradual elimination of nonconforn~ities;
and
WHEREAS, the rezoning of the subject parcels will bring an existing use into compliance with the Zoning Code;
and
WHEREAS, the City of Columbia Heights recognizes Central Avenue is a major commercial corridor in the City
and Comprehensive Plan goals focus on Central Avenue redevelopment; and
WHEREAS, the City of Columbia Heights recognizes that the LB. Limited Business District zoning is restrictive in
the types of commercial uses it allows along Central Avenue; and
WHEREAS, rezoning the subject parcels from LB, Limited Business District to GB, General Business District
provides a common ground for land use regulation for all businesses along Central Avenue; and
WHEREAS, the rezoning is consistent with the City Comprehensive Plan, as amended by Resolution 2007-133, and
is in the public interest and not solely for the benefit of a single property owner; and
BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of the
proposed rezoning from LB, Limited Business District to GB, General Business District.
SECTION 2:
This ordinance shall be in full force and effect from and after 30 days after its passage.
NEW BUSINESS
The meeting originally scheduled for December 5'h regarding the Comprehensive Plan has been cancelled.
Staff is working on getting input from other groups, so the meeting will not be held until January.
The meeting was adjou~~ied at 7.•19 pm. All Ayes.
Respectfully submitted,
Shelley Hanson
Secretary
66
City of Columbia Heights
Park and Recreation Commission
November 28, 2007
Eileen Evans called the meeting to order at 6:35 p.m.
ROLL CALL
Members present: Eileen Evans; Tom Greenhalgh; Stan Holum; Kevin
McDonald; David Payne; Marsha Stroik; Keith Windschitl,
Recreation Director; Kevin Hansen, Public Works
Director/City Engineer; Gary Peterson, Mayor
APPROVAL CONSENT AGENDA
Motion by Payne, second by Greenhalgh, to approve consent agenda. Upon vote: all
ayes, motion carried.
LETTERS AND REQUESTS
A. Request for a discount or fee-waived rental of JPM from the Aquatennial Ambassador
Organization.
Peterson informed the Commission that he spoke with Anne Sumangil of the organization
and a Sunday rental would work for their program. He felt that by hosting the
Community Meeting at John P. Murzyn Ha11 it would be good exposure for Columbia
Heights. Evans replied that the fee of a $40 entry and $15 per hour of use would be
implemented.
Motion by Payne, second by Greenhalgh, to charge the rental fee of $40 entry and $15
per hour of use for this event. Upon vote: all ayes, motion carried.
B. Request for a discounted rental fee of JPM from the Council for the USA rg oup.
Windschitl indicated that he gave a tour to this group and spoke about the rules when
renting JPM. He stated that the desired date of December 15~h is available and would
then require a turn around to set up for the event on Sunday. There appears to be no
affiliation between this group and the City. Windschitl reconunends a rental fee of $265.
This breaks down into the $40 entry fee and $15 per hour for the event and cleanup the
following day.
Evans asked how many people would be attending the event. Windschitl stated between
100-150. Hansen suggested calling the previous rental places to gain a little snore
background information on the group since there was minimal information on the request
letter. Peterson suggested requiring a damage deposit fiom the group.
Motion by Holum, second by Greenhalgh, to offer the reduced rental fee of $265, giving
Windschitl the contingency to relinquish the offer if negative comments were received
from the previous rental places for this group. Upon vote: all ayes, motion carried.
67
Park & Recreation Commission
11 /28/2007
Page 2
OLD BUSINESS
A. 2007 Parks Capital Improvements: Silver Lake Park & Sullivan Lake Park picnic
shelter options.
Hansen reported that City staff surveyed Silver Lake Beach and found some
discrepancies in the elevation; as a result everything in the park plan was moved 30 feet
away from the water. A grant application was submitted to the Board of Soil, Water and
Resources for approximately $95,000 for storm water features within the park.
Hansen stated that all of the things that could be taken down by the City have been taken
down at Sullivan Lake Park. Staff will have to review setback requirements with where
the parking lot is proposed on 51st. When park plans are ready they will be posted on the
web and notification will be sent out to over 100 residents around Silver Lake Park and to
all residents and businesses around Sullivan Lake Park. A grant application will be
submitted by December 31, 2007 to the Rice Creek Watershed District.
B. 2008 Comprehensive Plan Update
Hansen distributed the 2008 Park and Open Space Goals, which are essentially the same
objectives as in the current plan. The Park and Recreation Commission Members should
review the goals and recommend any amendments to the new comprehensive plan to be
considered by the Council. He reported that the plan indicates implementing a trail
system within the City and will promote alternative funding sources for park and
recreational facilities and programs within the community. Hansen suggested changing
the focus from Huset Park to include all parks within the City. He indicated that the Park
& Recreation Commission has approved a Huset Park Master Plan, but the City Council
has not approved the plan.
NEW BUSINESS
A. 2009 John P. Murzyn Hall Rental Rates
Windschitl recommended a 3% increase from the 2008 JPM rental rates to the 2009
rental rates. Beginning January 1, 2008 the Damage Deposit will increase to $500 for
any new rentals. This fee is going up to cover any possible damages or extra cleaning
charges. The Security Deposit fee will increase to $150 for 2009 rentals. Currently there
is a late fee charge of $60 every 30 minutes if a renter is past the 1:00 a.m. rental time.
This charge will increase to $80 every 30 minutes after 1:00 a.m. Windschitl indicated a
new change to the rental policy would require house Premix with any rental. The Premix
system is being phased out by Pepsi and will be switched over to a Post-mix system.
Post-mix has a shorter shelf life and is acquired in a larger container. He stated the
benefits of this system are lower costs for JPM and to the customer because the Post-mix
system produces more. The rental fee of $50 has been added for the use of the white
Melamine dinnerware, silverware and plastic tumblers to help cover cost of lost items.
Hoium asked if the $40 entry fee and $15 per hour of use charge for non-profit groups
needed a change to cover increased charges. Windschitl stated that fee could be
addressed at any time in the future if it needs to be increased.
68
Park & Recreation Commission
ll /2812007
Page 3
Holum stated that the Columbia Heights Lion's Club would increase the cost of drink
tickets from $2.50 to $3.00 in 2009.
Motion by Payne, second by Greenhalgh, to accept all recommended changes to the
rental rates of John P. Murzyn Hall. Upon vote: all ayes, motion can•ied.
REPORTS
Recreation Director
Windschitl reported that the regularly scheduled December meeting on December 26
would fall on the day after Christmas. Hansen indicated that final park plans would be
needed to present to the Council but the plans would not be available by that date. The
Conunission discussed the meeting date and unanimously decided to schedule the target
date of Wednesday, January 2, 2008 if the park plans are ready for discussion.
Public Works Director/City Engineer
Hansen reported MNDOT is reviewing the plans for the service drive along University
Avenue. A trail is in the plan from 40`'' Avenue up to 45`h Avenue.
Hansen indicated there is a meeting scheduled with State Legislators requesting funding
for the 2008 bonding cycle to replace the pedestrian bridge at Central and 49`h Avenue.
The City is also trying to receive federal funding for this replacement in 2008.
Commission Members
McDonald stated that LaBelle Park looks much better after the tree removal and
landscaping that was done by Public Works.
Payne stated that he feels the City needs an activity center but does not want any
ballfields or park space to be taken away. He feels that the parks are highly used and
loosing any ballfields would be tough on the recreation and school athletic programs.
Payne indicated with the amount of new housing around Huset Park, the park needs to be
utilized in the way that the Huset Park Master Plan was designed for.
Greenhalgh asked Windschitl if all the City ballfields were used during the summer of
2007. Windschitl stated that all ballfields in the City were used for recreation programs
this summer. He indicated that there was an additional need for ballfields to the extent
that the Recreation Program needed to use some of the School District's fields.
Furthermore, losing any ballfields would be detrimental to the Recreation program.
Commission members mutually agreed that Huset Park is not the location for an activity
center.
Windschitl stated that the Activity Center Advisory Committee, ACAC, would be
making their fmal recommendation to the Council on December 17`h. The Committee is
aware of ballfields that could be lost with the Huset Park location for an activity center;
therefore the final recommendation is concentrated on the NEI location.
69
Park & Recreation Commission
1 I /28/2007
Page 4
Motion by Payne, second by McDonald, that the Park & Recreation Commission fnmly
supports the activity center but would strongly suggest another location other than Huset
Park for the building site. Upon vote: all ayes, motion carried.
ADJOURNMENT
Eileen Evans adjourned the meeting at '7:45 p.m.
Deanna Saeflce
Recreation Clerk Typist II
70
COLUMBIA HEIGHTS -CITY COUNCIL LETTER
Meeting of December 10, 2007
AGENDA SECTION: Consent ORIGINATING CITY MANAGER'S
NO: DEPARTMENT: APPROVAL
Administration
ITEM: Establish Work Session BY: Walter R. Fehst BY:
Meeting Date for January 7, 2008 DATE: December 5, 2007
NO: DATE:
It is suggested to schedule a City Council Work Session for Monday, January 7, 2008 beginning at
7:00 p.m. in Conference Room 1.
RECOMMENDED MOTION:
MOTION: Move to schedule a City Council Work Session for Monday, January 7, 2008 beginning
at 7:00 p.m. in Conference Room 1.
COUNCIL ACTION:
71
CITY COUNCIL LETTER
Meeting of December 10, 2007
AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER
NO. POLICE APPROVAL:
ITEM: Transfer of Funds from General Fund to Police BY: William J. Roddy BY:
NO. Dept Budget to Reimburse Overtime Fund DATE: 12/04/2007 DATE:
BACKGROUND
During October and November, the Police Department was involved in off-duty employment details that
are handled through the department. These details were security details at Unique Thrift Store and
security details for Columbia Heights High School activities.
Since this type of off-duty employment is handled through the department, officers have signed up and
worked these details and we have received a check from the following entities: Unique Thrift Stores for
$2,225.96 and School District #13 for $1,046.75. This money is considered revenue and it was placed in
the City General Fund.
ANALYSIS/CONCLUSION
The Police Department is requesting that the City Council pass a motion requiring the $2,225.96 received
from Unique Thrift Stores and the $1,046.75 received from School District #13 be returned to the 2007
Police Department Budget Line #1020.
RECOMMENDED MOTION:
Move to transfer $2,225.96 received from Unique Thrift Stores and $1,046.75 received from School
District # 13, a total of $3,272.71 from the General Fund to the Police Department 2007 Budget under line
#1020, Police Overtime.
:kao
07-205
COUNCIL ACTION:
72
City of Columbia Heights Police Department
MEMU
To: Acting Chief William J. Roddy
From: Acting Captain Lenny Austin
Subject: Overtime Transfer
Date: December 3, 2007
Attached is a list of the overtime re-imbursement received for 2007 from October 4~~' through
December 3`d, 2007. This is income from outside sources that has been paid to CHPD for
services of our personnel. Please request transfer of these funds to our overtime account.
Unique Thrift
INVOICE # DATE AMOUNT
026 11-O1-07 $2225.96
Columbia Heights Hi~hschool Activities.
INVOICE # DATE AMOUNT
024 10-1s-07 $ 728.75
025 10-1 t-07 119.25
027 11-Oi-07 198.75 ~' ~ C~ ~.(.p •~ Jc'~
Total $3272.71
Tota[ Amount to be transferred to OT Account
$3272.71
73
~r,~K--~ Il~1~C1ICE
~' Columbia Heights Police Department
Date: November 1, 2047 Invoice #: 2047-426
Customer Name: Unique Thrift -Attn: Alex
Address: 2241 37t~' Ave NE, Columbia Heights, MN 55421
Home Phone: Work Phone: 763-78$-5254
Request for: 1 police Officers for: Sept./Oct. 2007
September
Sat. 9 -0 I -07 13 3 4- 173 0
Mon. 9-03-07 4900-1504
Sat. 9-OS-07 1240-1640
Sat. 9-15-47 No Officer
Tue. 9-18-07 No Officer
Sat. 9-22-47 1145-1545
October
Tue. 14-02-07 No Officer
Sat. 10-06-07 No Officer
Mon. 10-48-07 0944-1400
1444-1740
Fri. 14- 12-07 15 3 0-193 0
Sat. 14-13-07 1530-1930
Tue. 10- 16-07 1234-1634
Tue. 14-23-07 1720-1920
Tue. 14-30-07 No Officer
ber of Officers: 10
* ?'retniuYn rate $70.6b hr.
2007 l?T Wage is X53.00 hr.
Bo 4hrs.
Ko 6hrs.*
Ni 4hrs.
Bo 4hrs
Ok
Ni
Ko
Ko
Ni
Ni
BILLING INFORMATION
Hours: 6 premium* $423.96
34 regular 1802A0
Total Due: ~2225.9b
Stirs.
3hrs.
4hrs.
4hrs.
4hrs.
2hrs.
~p 1
t ~~?i
l
~~
74
tOICE NO COMMENT
.c107026 9/1-10/20
lut c~c~.3~Fao
.AMOUNT DISCOUNT NET AMOUNT
2,225.96 .00 2,225.96
~:~~
-iECK: 005178 11/12/07 City of Columbia Heights CHK TOTAL: 2,225.96
__..___-__... REFERENCE:
_._._..____.w..__.,_.___..._.._._..._.~.~_.._.__.._..._.__..____......__.._.._~.._...__._.
_..___~.......___........__...._._....,_.., ._.._....___..__.___..___..__.,_.,_~_....~._~__ .._..
___._
005178 `'
APOGEE Retail, LLC - {
3080 Centerville Road Alliance Bank
Little Canada, MN 551.17 St. Paul, Minnesota
(651):773-8077 75-121-91.8
.m
x
•y
. e
*TWO THOUSAND TWO HUNDRED TWENTY
FIVE.DOLI,AR.S AND 96 CENTS' ~ •.o
~
DATE ~ AMOUNT ~
t
11/12j07 *****2,225.96* 4
City of Columbia Heights
~
i .NE Police Department
DRDER 559 Mi11 Street NE m
~F: Columbia Heights MN 55421 ~
R
N
1
i
u•00 5 1 ?8ll' x:09 190 1 2 1 5:000 561 i 66011" i
•~
75
INVOICE
Columbia Heights Police Department
Date: October I5, 2007 Invoice #: 2007-024
Customer Name: Columbia Heights HighschooI
Address: 1440 49th Ave NE, Col. Hgts. MN 55421
Home Phone: Work Fhone: 528-4601
Attn: Betty TZ~nmas
Request far: 1 Police Officer far:
Football Games (SeptemberlOctnber 2007)
09-15-07 1$30-2100 (2.5 hrs} 1-Officer- Sinn
09-21-07 1830-2100 (2.Shrs} 1-Officer- Sturdevant
09-28-07 1830-2130 (3 hrs) 2-Officers- Bonesteel
1830-2145 (3.25} Johnston
10-12-07 1830-2100 (2.Shrs) 1-Officer- Sturdevant
BILLING INFURMATIDN
Number of Officers: 5 Hours: 13.75
4T Billing Wage is $53.00 pex hpur. Total Due: $728.75
+~ ~
,,y~' ,D
(~ /~~
.l~
Make checks payable to the ACity of Columbia Heights@.
Please mail payment to: City of Columbia Heights Police Department, SS9 Mili Street NH, Co€umbia Heights, MN 55421
„~~ ~~
FOR DEPART1t~lENTAL USE ONLY
Officer(s) on Duty: ~ ~~ Off Duty:
Amount Received: ~~-'~ ._-. Date: (r- (~ -O "~
~,.~ ~r3~s'7Y
ISD ND. t3 VENDOR NUMBER VENDOR NAME
08350 - 0 CITY OF COLUMBIA HEIGHTS
GiiECK DATE CHECK NO.
ll/15/07 00132574
S.. 1 ~xk~?s'tjil`i'P~~{
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,
I~/1 /13/07 2007-024 ,,.-._.,. ~GCi .m_.._.......___...._--_.._. -- ......._...~...__._....... ._..-._,..-------- 728,75
11/13(x7 2001-027 „_„„ ~~ ~ ~2_._. 198.75
~~
TOTAL. AMOUM'
PAlD TO: CITY OF COLi.JMBIA HEIGHTS R~ ~(~~[) 16, 531.04
RECREATION DEPARTMENT
530 MILL STREET NE
COLUMBIA HEIGHTS, MN 55421
z
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ent
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CHECK AMOUf~T
•T:tOTH~•bFkC~~~ttJ~ $16,531.04
'.° ~`r:;'~=' ~ CITY OF COLUMBIA HEIGHTS
.17. •:
_
,. ATTN: RECREATION DEPARTMENT
~
..
_ ;}:;~"'~""'_`•;','T;:4
^,
:
..
~ .
,~,~~,.
=~1,; 0 MILL TREET NE
' <<;~,.,~ yeti ;;~~M1 53 S ..
.
,~
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:.~
~~' `'a3-f`I° COLUMBIA HEIGHTS MN 55422
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II'~3257411` ~:09i2i5927~:152i0000?6231'
77
Il~1VOICE
Columbia Heights Palice Department
Date: October 11, 2007 Invoice #: 2007-025
Customer Name: Columbia Heights Highschool
Address: 1440 49th Ave NE, Col. Hgts. MN 55421
Home Phone: Work Phone: 528-4601
Attn: Betty Thomas
Request for: 1 Police Officer for: Q ~
I-Iomeeoming Dance d''
9-28-07 2145-2400 (2.25hrs) 1-Officer- 3ohnston
A
BILLING INFORMATION
Number of Officers: 1 Hours: 2.25
4T Bzlling Wage is $S3. t~0 per hour. Total Due: X119.25
Make checks payable to the City of Colombia Heights@.
Please mail payment to: City of Columbia Heights Police C3epariment, 559 Mil! Street NE, Columbia Heights,lviN 55421
FOR DEPARTMENTAL l1SE ONLY
Officer(s) on Duty: Off Duty:
Amount Received: `~l~ ~ a~ Date: ~r~ ~y ~ ~
~,~,~- C~~7 r .~ 2 y ~3 ~s
`'
iEiE~~~Efi4~F~E#3E#~FiEiE~EiE~~~&~~*~E*#*~E~i~~E~~~#~~~ a
a`~~-~[~Tl~ ~t}~ .~E
~~L~1~~~~ H~.I~~t~~, ~~ ~~~c1
„~
~i~~ Fc~ve~~a~
~~;~~i~t~~E~ ~~~cgip~~~~ 1~~i~;~
F I3~
C~£C14: f~~~+7~
~~~
~~
H~~~ A ~IG~ p~~f'.
• .
,.
79
,~~~
INVUICE
Columbia Heights Police Department
Date: November 1, 2007 Invoice #: 2007-027
Customer Name: Columbia Heights Highschaol
Address: 1440 49th Ave NE, Col. Hgts. MN 55421 -
Home Phone; Work Phone: 528-4601 ~
Attn: Betty Thomas 4~t°
Request for: 1 Police Officer for:
Sadie Hawkins Dance #
10-26-07 1945-2330 (3.75hrs} 1-Officer- Johnston `~~
~~ ~, L a 7
~,
BILLING INFORMATION
Number of Officers: 1 Hours: 3.75
OT Balling Wage is $53.00 per hour. To#al Dne: X198.75
Make checks payable to the City of Columbia Heights@.
Please mail payment to: City of Columbia Heights Police Department, 559 Mill Street NE, Columbia Heights, MN 5542I
FOR DEPARTMENTAL USE ONLY
Officers} on Duty: Off Duty:
s
Amount Received: f''~`~~-~ -~ Date: l /" ~ ~ ''d ~
t8D N0.13 VENDOR NUMBER VENDOR NAME
08350 - 0 CITY OF COLUMBIA HEIGHTS
CHECK BATE CHECK NO.
21/15/07 00132574
:~V: J'i.:iS~YAC.irA.
"'~ i s~. JL (
~rtE' t Y~
..! :f 7. t. ~ Z `3;?,l~z.~ 1;,'l7 `a `~•T`1:3~'[Wtl:t i ;~
,
t{l ~~ ,11,vv77 ":ti
43 ~'~!M, r`$a~:~T4., ~ `~e,F<.''~~yY 1'3r„G~ ,~~~y ZQQ• •~~.Y`~Y.y ~,1..,:.~'~iti y~rf~w~~?L~'~`•.\S'ic 4~Zn$Wr. rb„`~
e5p, tY •F.1 r ~ v'. ~ {a~ 1 iu SU~ ~1~~ ~ t '~ ~,
r `~~ ~ F5cC;u{: ~~, ~p~1 sr Si~,e `i• .£ 3
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~ P L~.. ..l .t.C.j2..~\. :.L ~
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1 {
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l.: lt~'1': ~`~.,~. Fk~~e „~4`av:^rc:
11/207
2St3.Q0:Z._______---_.-~___.
21ST CENTURY REIMS 7/1-$/31/07
..~ 15,603.54
____~,
-
_
./11/13/07
2007-024 ..,,.-.-„a. /~U~~
.__.~..__..__. _...... __ ..,........_._..____.._....._....___.._..._._..__._.__._.
... _.. ..
~
.__. _..____....__.
.. _. . __
.__._ .....-.
728.75
11/13/07 2007-027 ,~„~„ t~ £ 198.75
. ~
PAID TO: CITY of coLUr>$xA HEIGHTs
RECREATION DEPARTMENT
530 MILL STREET NE
ate, COLUMBIA HEIGHTS, MN 55421
z
w
~ t - -td"} ~ `f, tis~}. r k,;4 ~lFYU. F r•.S/ret f~+` k..`~ t ~ y~,. ~ _., i k +
F ~ ~ r '4a'4a ~` uyG~~ Jr o~+u .uE, .~'~+.{-,r1" s , f s~ r ^s s - N a t N '+~'~. r v ~x~~
~ ~ I~~~~~ E ~ l/~~~~+~+~~7~'fC is r~€~ ~a'k3 „,frr/~~~t~~ ,ir1"~ , y t~ ~~ ~~CC'` yff~~`}}='
+ ~' ~ `~` ~ + ~ ~ `~ E~dYtEaJ j+ ( / 9 Pr , f r f ~ c + -q a ~~i..~.Fl
~4~': ~ r ~ ~ r , rr r j r ,f° 303 ~htrd Street ~lorltsvVg$~G 3 ~ '~, r
:n iS~ + ~i'C,~: ~€IVt~~~ J',j$q~L~fN;~,C;~~'A~55421F a~, `~~t ~~; F Gland Eor[cs, MtV ~72~ ~1'
t -`~~''~ i ' 'r ,y~' ' .+ s 1 ~ ~ r ~ t 3 - ~ , r r ~i '' J ,~ . .,ry ~' ~~
TOTAL AMQUNT
g ppjj) 16, 531.04
m
r ~;
tP.AY, '`~ ,;~'~=*-k~*~.5 531 Da3xars a4 'Cents: , ~ ~ ~ VOtDAFTER:18O DAYS .'
. + ~ 4 y' t _ CHECK AMQIIt~},T
TO.TF{~`r3RDE€~ OF; $16, 631.04
CITY OF COLUMBIA HEIGHTS
'. 'r';''`.. ATTN: RECREATION DEPARTMENT
. { , ~''5:,~ .1;. ~^~~ 530 MILL STREET NE ;j
~? ~`~~ ~~` COLUMBIA HEIGHTS, MN 55421 '
- ~ i `'1.
t~'i325?4tt' ~:ORi2i592?~:152i0000?623tt•
81
CITY COUNCIL LETTER
Meeting of December 10, 2007
AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER
NO. POLICE APPROVAL:
ITEM: Application for Bingo Permit, SACA, BY: William J. Roddy BY:
NO. to be held at Murzyn Hall on 03-03-08 DATE December 4, 2007 DATE:
BACKGROUND
Southern Anoka Community Assistance (SACA), 627 38`'' Avenue NE, Columbia Heights, Minnesota,
has requested permission to conduct bingo activities on March 3, 2008, at Murzyn Hall, 530 Mill Street,
Columbia Heights, Minnesota. They are also requesting that the $25 investigation fee be waived.
ANALYSIS/CONCLUSION
Since the organization satisfies the City Council resolution regarding one-time charitable gambling,
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 bingo activities to be conducted by
Southern Anoka Community Assistance (SACA) at Murzyn Hall, 530 Mill Street, Columbia Heights,
Minnesota, on March 3, 2008. Also, that the investigation fee of $25 be waived; and furthermore, that
the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing
body.
:kao
07-206
COUNCIL ACTION:
s2
6/07
Minnesota Lawful Gambling Page 1 of z
I (';?d{1R Ahhlir_ation ~a Conduct Excluded Bins~o Flo fee
. ._ _ _ E ^
ORGANIZATION INFORMA'TiON
Organization name Previous gambling permit number
Type of nonprofit organization. Check {~) one.
^ Fraternal ^ Religious ^ Veterans ,~ Other nonprofit organization ~'~t31~ $~1k."Ct'
Mailing address ~~
~"~.`7 33 r~-~~ ~.~ Ci#y
c~.~~;~ ti.:;y.~l~ StateJZip Code
- wr.z 5~S'`y~/ County
,/y~iv~fcl~
ATTACH i4 COpY OF ONE OF THE FOLLOWING FOR PROOF OF NONPROFIT STATUS
~ Do not attach a sales tax exemp# status or federal 1D employer number as they are not proof of nonprofit status.
NonprofitArticles of Incorporation OR a current Certificate of Good Standing.
Don't have a copy? This certificate must be obtained each year from:
Secretary of S#ate, Business Services Div., 180 State Office Building, St. Pout, MN 55155 Phone: 651-296-2803
_ Internal Revenue Service -IRS income tax exemption (601(c)] letter in your organization's name.
? To obtain a copy of your federal income tax exempt letter, send your federal ID number and
't have a co
D
py
on
the date your organization initially applied for tax exempt status to:
tRS, P.O. Box 2508, Room 4010, Cincinnati, OH 45201
Internal Revenue Service -Affiliate of national, statewide, arinternational parent nonprofit organization (charter)
If your organization falls under a parent organization, attach copies of both of the following:
a. IRS -e#ter showing your parent organization is a nonprofit 501(c} organization with a group ruling
b. the charter or le#ter from your parent organization recognizing your organization as a subordinate.
internal RevettueService-proof previously submitted to Gambing Control Board
If you previously submitted proof of nonprofit status from the Internal Revenue Service, no aitachment is required.
EXGLl1DED BINGO ACTIVITY
No Yes Has your organization held a bingo event in the current calendar year?
1.v~`~
.
If yes, list the dates when bingo was conducted
2, The proposed bingo event for which we are applying will be:
one of four or fewer bingo events held this year. Dates ~..3"'d8
OR
-conducted up to 12 consecutive days in connection with a:
-,county fair. Dates
-civic celebration. Dates
Minnesota state fair. Dates t..iru Ll~: '!fir -~fC+~;t
3. Person in charge of bingo event J~ r L ~ ~ ~iw~Sp~~ Daytime phone
o will be conducted "aZ ~ ~~~-
g
4. Name of premises where bin
~
-
5. Premises street address 4.,'7 ~ ~ /YI ~t L ' ,ei? ~ f'
6. City ~~r~?/~, fib ~+~.~~~~ If township, name of township County ~j''V~Sl~~
Bingo hard cards, bingo paper, and bingo number selection devices must be purchased
from a distributor licensed by the Gambling Control Board. To find a licensed distributor, go
to www.gcb.state.rnn.us and click on List of Licensed Distributors. Or calf 651-639-4476.
Be sure to complete page Z
83
1 (';?dflR Annlir_ation to Conduct Excluded BiClgO
Page 2 of 2
6107
Chief Executive Officer`s Signature
The information provided in this a „pli ron ' cornpl an cc to to the best of my knowledge,
Chief executive officer's signature Phone number7i~1~'7~.~-~..~vZv2
- .---
Name (please print) ~ Date ! I
Local Unit of Government Acknowledgment and Approval
If the gambling premises is within city limits, the city must sign this application.
On behalf of the city, I approve this application for print city name
excluded bingo activity at fhe premises located within
the city's jurisdiction.
Signature of city personnel receiving application
Title Date ~ I
If the gambling premises is Located in a township, both the county and township must sign this application.
For the township: Qn behalf of tl~e township,
! acknowledge fhat the organization is applying for Print township name
excluded bingo activity within the township limits.
A township has no statutory authority to approve or Signature of township official acknowledging application
deny an application (Minn. Stet. 349.213, Subd. 2).
Title Date/,/~
For the county: On behalf of the county, 1 approve Print county name
this application for excluded bingo activity at the
premises located wifhin the county's jurisdiction.
Signature of county personnel receiving application
Title Date_/~I~
Mali Applicatiain and Attachment{s}
Send the application and proof of nonprofit You will receive a document from the Gambling Control Board with
status to: your permit number far the gambling activity. Your organization must
Gambling Control Board keep its bingo records for 3-1/2 years.
Suite 300 South
1711 W. County Rd. B Questions? Contact the Gambling Control Board at 651-639-4000.
Roseville, MN 55113
This form will be made available in alternative format (i.e. large print,
Or, you may fax it to 651-&39-4032. Braille) upon reques#.
Data Privacy Notice: The information requested on this form
(and any attachments) will be used by the Gambling Control Board
(Board) to determine your qualifications to be involved in lawful
gambling activities in Minnesota. You have the right to refuse to
supply the information requested; however, if you refuse to supply
this information, the Soard may not be able to determine your
qualifications and, as a consequence, may refuse to issue you
an authorization. if you supply the information requested, the
Board wits be ab{e to process your application.
Your name and your organization's name and address will be
public information when received by the Soard. Ali the other
information wilt be private data until the Board issues your
authorization and the information then becomes public. If the
Boa€d does not issue you an authorization, all information provided
remains private, with the exception of your name and your
organization's name and address which will remain public.
Private data about you is available to: Board members, Board staff
whose work requires access to the information; Minnesota's
Department of Public Safety, Attorney General; Commissioners of
Administration, Finance, and Revenue; Legislative Auditor, national
and international gambling regulatory agencies: anyone pursuant to
court order; other individuals and agencies that are specitcaHy
authorized by state or federal law to have access to the information;
individuals and agencies far which law or legal order authorizes a
new use or sharing of information alter this Notice was given; and
anyone with your consent.
84
CITY COUNCIL LETTER
Meeting of : December 10, 2007
AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER
NO: Recreation APPROVAL
ITEM: Establish John P. Murzyn Hall rental rates BY: Keith Windschitl BY:
for 2009 Recreation Director
NO: DATE: 12/5/07
BACKGROUND
The Columbia Heights Park and Recreation Commission unanimously approved the 2009 Murzyn Hall rental rates
at then meeting on November 28, 2007. Staff has recommended rental rates for 2009 be increased due to the high
volume of rentals. At the present time, we only have a few Saturdays available for 2008. Rentals of Murzyn Hall
will increase by approximately 3%. This increase will bring in additional revenue for the hall. The 2008 new
rentals as of January 1, 2008 and a112009 rentals will have an increase in the damage deposit of $500 to cover
damage and extra cleaning that has increased over the last year. The total damage deposit of $500 will also help
cover any additional charges that may apply to the rental. Staffhas also recommended an increase of $30 for the
Community Service Officer deposit, which now will be $150 for 2009. A late fee is also included which charges
renters $80 for every 30 minutes they stay after the 1:00 a.m. deadline for rentals. All new rentals for 2008 and
2009 will be required to use our in-house pop dispensers behind the bar. We have been informed that our current
pop system will be phased out and in order to go with the new system we will have to use a higher volume of
product due to the short shelf life and large quantity of product. This new system will be less expensive and will
make it more affordable for the renters. We now will be offering white melamine dinnerware, silverware and
plastic tumblers for a rental fee of $50 plus tax. A copy of the proposed rental rates for 2009 is attached.
RECOMMENDED MOTION: Move to adopt the 2009 John P. Murzyn Hall. rental rates, as outlined by the
Park and Recreation Commission at their meeting of November 28, 2007.
COUNCIL ACTION:
ADMIN\0008RATE
85
JOHN P. MURZYN HALL RENTAL RATES
Rentals in 2008 will pay the 2008 rates, and rentals in 2009 will pay the 2009 rates.
RENTAL INFORMATION 2008 RATES
Sun -Fri} Saturda 2009 RATES
(Sun -Fri (Saturday)
Hall/Kitchen/LaBelle Lounge $925.00 $1,155.00 $960.00 $1,195.00
Hall $710.00 $815.00 $735.00 $845.00
Kitchen $120.00 $135.00 $125.00 $140.00
LaBelle Lounge $210.00 $245.00 $220.00 $255.00
Gauvitte Room $170.00 $190.00 $175.00 $195.00
Prestemon Room $170.00 $190.00 $175.00 $195.00
Ed emoor Room $170.00 $190.00 $175.00 $195.00
Ke es Room $170.00 $190.00 $175.00 $195.00
Maithaire/McKenna Room $240.00 $275.00 $250.00 $285.00
Senior Center $240.00 $275.00 $250.00 $285.00
Down Pa ment non-refundable $500 / $100 $500 / $100 $500 / $100 $500 / $100
Dama a De osit refundable $500.00 $500.00 $500.00 $500.00
Securi Officer De osit $120.00 $120.00 $150.00 $150.00
Communi Service Officer/hour $23.00 $23.00 $23.00 $23.00
Pre-Mix Deposit $100.00 $100.00 $100.00 $100.00
Pre-Mix per canister $26.00 $26.00 $26.00 $26.00
Early Entry Fee" $60.00 $60.00 $60.00 $60.00
Custodial Char a er hour $25.00 $25.00 $25.00 $25.00
C02 S stem Usage Fee*" $25.00 $25.00 $25.00 $25.00
Events Lastin 2 hours or less 50% N/A 50% N/A
Events Lastin 4 hours or less 25% N/A 25% N/A
Hei hts Resident Discount**" 25% 25% 25% 25%
All JPM rentals end at 1:00 a.m. An $80.00 late fee will be assessed every 30 minutes after 1:00 a.m.
Subject to approval by Recreation Director and/or Park & Recreation Commission.
*" For use of C02 system to tap kegs of beer. Fee waived if renter purchases
pre-mix from the City or the Lion's Club provides bartending services.
'`** Columbia Heights Resident discount is exclusively limited to the renter or their parents.
All rentals are required to use the in-house pop dispensers behind the bar.
Linen and Napkin rental is available upon request. 2008 Prices are as follows:
White or Ivory Linens $6.50 per hall table (60" rounds and 8' x 2 1/2' banquet tables)
$3.25 per bar table $ .50 per napkin (various colors available)
Linen and Napkin rentals will need to be paid 2 weeks prior to your rental date. Tax additional.
White Melamine Dinnerware, Silverware and Plastic Tumblers are available for a rental fee
of $50 plus tax per rental.
Saturday rentals may decorate on the Friday before their event from 10:00 am - 4:30 pm fora $150 fee.
This reservation can only be made if the hall is available within 2 weeks of the rental date.
86
CITY COUNCIL LETTER
Meeting of: 12/10/07
AGENDA SECTION: CONSENT I ORIGINATING DEPARTMENT' I CITY MANAGER
PUBLIC WORKS
ITEM: RESOLUTION ESTABLISHING SENIOR BY: K. Hansen BY:
CITIZENS OR RETIRED & DISABLED PERSON DATE: 12/3/07 DATE:
HARDSHIP SPECIAL ASSESSMENT DEFERRAL
Background:
In 1982 the City Council adopted a resolution allowing the deferral of assessments for senior citizens and disabled persons. The
resolution established eligibility criteria including a maximum income. The income level is updated annually by resolution.
The attached resolution retains the criteria in the previous resolution and updates the income eligibility amount of $27,300.
the same dollar amount used for reduced rates for senior citizens utility bills. The current income eligibility amount is $26,200.
Recommended Motion: Move to waive the reading of Resolution No. 2007-248, there being ample copies available to the public.
Recommended Motion: Move to adopt Resolution No.2007-248, being a resolution establishing a new maximum income of
$27,300 for Senior or Retired and Disabled Persons to be eligible for special assessment deferral.
KH:jb
Attachment: Resolution 2007-248
COUNCIL ACTION:
87
lU.:JVLV11V1V 1V V. GVV /-GYO
BEING A RESOLUTION ESTABLISHING SENIOR CITIZENS OR RETIRED
AND DISABLED PERSONS HARDSHIP SPECIAL ASSESSMF,NT DEFERRAL
WFIEREAS, immediate payment of special assessments or installments on special assessments cast an undue hardship on some persons
owning homestead properties who are 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a
hardship to make payments, and
Whereas, Minnesota Statutes 435.193 - 435.195 makes it possible for a home rule charter city to pass a resolution. establishing standards and
guidelines for determining the existence of a hardship and for determining the existence of a disability.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS:
1. This deferral procedure shall apply only to assessments which are payable in five or more annual installments.
2. This deferral procedure shall apply only to property owned and occupied by the elderly, retired, or disabled applicant. Ownership
and occupancy must be the same nature as would qualify the applicant for a homestead exemption for tax purposes.
3. This deferral procedure shall apply only to homestead property owned by a person 65 years of age or older or retired by virtue of a
permanent and total disability for whom it would be a hardship to make payments. Permanent and total disability shall have the
same definition for purposes of assessment deferral as is used for social security purposes.
4. This deferral procedure shall not be construed as to prohibit the determination of hardship on the basis of exceptional and unusual
circumstances not covered by the standards and guidelines herein so long as determination is made in a nondiscriminatory manner
and does not give the applicant an unreasonable preference or advantage over other applicants.
5. In order to obtain a deferral of an assessment, the homeowner must make application on the forms prescribed by the City Clerk.
6. In granting a deferred assessment, the Council shall determine in its resolution approving the assessment roll the amount of interest,
if any, to be charged on the deferred assessment.
7. The option of the homeowner to defer the payment of special assessments shall terminate and all amounts accumulated plus
applicable interest shall become due and payable upon the occurrence of any of the following events:
a. the death of the owner, provided that the spouse is not otherwise eligible for benefits hereunder;
b. the sale, transfer or subdivision of the property or any part thereof;
c. if the property should for any reason lose its homestead status; or
d. if for any reason the City shall determine that there would. be no hardship to require immediate or partial payment.
8. No deferral may be granted unless the homeowner makes application to the City Clerk within thirty (30) days after adoption of the
assessment by the Council.
9. The deferral shall apply to only 50% of the annual installment payment. If the 50% is not paid. in a timely manner, the balance of the
annual installment along with all future installments shall become immediately due and payable.
10. No deferral shall be granted to any owner who has a gross annual household income from all sources in excess of $27,300.
11. No deferral maybe continued from year to year unless the owner shall file a renewal application before September 15"' of each year.
12. No special assessment may be deferred for a period longer than the time set by the Council as the time over which the project is to
be assessed.
13. Interest on deferred assessments shall be at the rate set by the Council in its resolution adopting the assessment roll, and such interest
shall be added to the amount deferred and shall be paid in accordance with Minnesota Statute 435.195 and this Resolution.
Dated this 10th day of December, 2007.
Offered by:
Seconded by:
Roll Call:
Attest:
Patricia Muscovitz, CMC
City Clerk
Mayor Gary Peterson
88
CITY COUNCIL LETTER
Meeting of: 12/10/07
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER
NO: PUBLIC WORKS
ITEM: FINAL PAYMENT FOR THE ZONE 7B AND lA BY: K. Hansen BY:
STREET REHABILITATION PROJECTS DATE: 12/5/07 DATE:
Background:
The Contractor completed the warranty work for the 2006 Street Rehabilitation projects in Zone 7B and lA this summer. The work
consisted of full street reconstruction with related or special utility construction/replacement.
Analysis 1Conclusions:
Staff is recommending approval of final payment to Midwest Asphalt Corporation and acceptance of the work. A copy of the final
payment voucher and the Engineer's Acceptance Report is attached.
Recommended Motion: Move to accept the Engineer's Report of Final Acceptance for the 2006 Street Rehabilitation Projects in Zone
7B and lA, City Project Number 0502, and authorize Final Payment of $20,151.49 to Midwest Asphalt Corporation of Hopkins,
Minnesota.
KH:jb
Attachment: Payment Voucher
Engineer's Acceptance Report
COUNCIL ACTION:
89
CITY OF COLUMBIA HEIGHTS
CONSTRUCTION PAYMENT VOUCHER
ESTIMATE NO.
DATE:
PERIOD ENDING:
CONTRACT:
PROJECT NO.
Final
November 21, 2007
November 16, 2007
Zane 7B and 1A
0502
TO: MIDWEST ASPHALT CORPORATION
P.O. Box 5477
Hopkins MN 55343
Phone: 952-937-8033
A. Original Contract Amount $ 1,839,831.96
-------------------------------------------
B. Total Addition $ -
---------------------------------------------------------------
C. Total Deduction $ -
---------------------------------------------------------------
D. TOTAL CONTRACT AMOUNT $ 1,839,831.96
-----------------------------------
E. TOTAL VALUE OF WORK TO DATE $1,815,466.13
-----------------------------------
F. LESS RETAINED (0.0%) $ -
--------------------------------------------------
G. Previous Payment(s) $ (1,795,314.64)
--------------------------------------------------
H. TOTAL APPROVED FOR PAYMENT THIS VOUCHER $20,151.49
I. TOTAL PAYMENTS INCLUDING THIS VOUCHER $1,815,466.13
APPROVALS
Pursuant to our field observations, l hereby recommend for payment the above stated
amount for work perform~d through November 16, 2007 .
.~
Signed by:
r
n Harl~sen, Pa~lilic Works Director
Signed by:
MIDWEST ASPHALT
Date
90
12/6/2007 Page 1 of 1 FINAL
CITY OF COLUMBIA HEIGHTS
ANOKA COUNTY, MINNESOTA
ENGINEER'S REPORT OF FINAL ACCEPTANCE
2006 STREET REHABILITATION PROJECT ZONE 7B AND lA
CITY PROJECT NUMBER 0502
December 5, 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 Midwest Asphalt
Corporation. The work consisted of full street reconstruction, with related or special utility
construction/replacement. The contractor has completed the project in accordance with the
contract.
It is recommended; herewith, that final payment be made for said improvements to the contractor
in the amount as follows:
ORIGINAL CONTRACT PRICE $ 1,839,831.96
CHANGE ORDERS $ 0.00
FINAL CONTRACT AMOUNT $ 1,839,831.96
FINAL WORK APPROVED $ 1,815,466.13
ALL PRIOR PAYMENTS ($ 1,795,314.64)
BALANCE DUE $ 20,151.49
Sincerely,
CITY OF COLUMBIA HEIGHTS
Kevin R. Hansen
City Engineer
91
CITY COUNCIL LETTER
1Vleetulg of 12/10/07
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT' CITY MANAGER
NO: PUBLIC WORKS
ITEM: CHANGE ORDER N0. 1 FOR MISCELLANEOUS BY: K. Hansen BY:
CONCRETE PROJECT #0700 DATE: 12/5/07 DATE:
Background:
This annual program consists of curb and gutter, street, alley, driveway, sidewalk and step improvements/repairs throughout the City.
Analysis/Conclusions:
The Miscellaneous Concrete Program is set up on an annual basis with preliminary quantities to obtain unit prices for work through out
the project. The quantity of work varies from year to year based upon actual work performed in the two phases (late spring and fall).
The change order, attached, modifies the contract to include additional quantities for repairs due to water main breaks, sri-eet and alley
repairs, and. replacement ofhazardous sidewalk. All additions to the contract modified quantities only, using the contract bid prices for
each work item. Staffrecommends approval of Change Order # l .
Recommended Motion: Move to authorize Contract Change Order No. 1 for additional work added to the contract by the City to Ron.
Kassa Construction, Inc. in the amount of $ 26,628.30 for a revised contract of $38,961.88, with funding out of the appropriate funds.
Attachment: Change Order
COUNCIL ACTION:
92
CHANGE ORDER NO. 1
Project: 2007 Miscellaneous Concrete Repairs and Installations
City Project: 0700
Owner: City of Columbia Heights Date of Issuance: November 30, 2007
637 38`h Avenue N.E.
Columbia Heights, MN 55422
Contractor: Ron I{assa Construction, Inc. Engineer: City Engineer
6005 - 250`x' Street East
Elko, MN 55020
You are directed to make the following changes in the Contract Documents:
Description: Change in original contract price to compensate for additiona! work added to the
contract by the City.
Purpose of Change Order: The contract has been modified to include additional quantities for repairs
due to water main breaks, street and alley repairs, and replacement of hazardous
sidewalk.
CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME
Original Contract Price: Original Contract Time:
$ 12,333.58
Previous Change Orders No. _ to No, _ Net Change from Previous Change Order:
None
Contract Price Prior to this Change Order: Contract Time Prior to this Change Order:
$ 12,333.58
Net Increase of this Change Order: Net Increase (Decrease) of Change Order:
$ 26,628.30
Contract Price with all Approved Change Orders: Contract Time with Approved Change Orders:
$ 38,961.88
Recom n d r
/
Approved ~ ~
~
By: r By: ~~' ~ ,ff !~
C' y ngine r Ron Kassa Construction, Inc.
Approved By:
Approved By:
Date of Council Action
Gait' Peterson, Mayor
Walter~~hst, City Manager
Attachment to Change Order No. 1
City Project 0700
Page 1 of 1
Owner: City of Columbia Heights
Contractor: Ron Kassa Construction, Inc.
Project: 2007 Miscellaneous Concrete Repairs and Installations
Description of Changes:
The Public Works Department requested these items be replaced.
Item No. Item Description Unit uanti~ Unit Price
1 Remove curb and gutter L.F. 777 $ 5.00
2 Construct concrete curb and gutter L.F. 777 $ 17.00
3 Remove street/alley S.F. 755 $ 1.50
4 Construct 8" cancrete street/alley S.F. 755 $ 3.60
5 Construct 6" concrete driveway/apron S.F. 861 $ 3.20
6 Remove sidewalk S.F. 635 $ 1.10
7 Construct 4" concrete sidewalk S.F. 769 $ 2.90
TOTAL OF CHANGE ORDER NO. 1
Total
Estimated Price
$ 3,885.00
$ 13,209.00
$ 1,132.50
$ 2,718.00
$ 2,755.20
$ 698.50
$ 2,230.10
$ 26,628.30
94
CITY COUNCIL LETTER
Meeting of: 12/10/07
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER
NO: PUBLIC WORKS
ITEM: FINAL PAYMENT FOR CENTRAL AVE STORM BY: K. Hansen BY:
SEWER IMPROVEMENTS PROJECT #0405 DATE: 12/5/07 DATE:
Background:
The Contractor has completed the 2006 Storm Sewer Improvement Project on Central Avenue. The work consisted of
replacement/rehabilitation of storm sewer structures on Central Avenue from 47`h to 49'h Avenues. This work was done as a
cooperative agreement project with Mn/DOT. Mn/DOT contributed $108,000.00 towards the cost of the project.
Analysis/Conclusions:
The contractor has substantially completed the project in accordance with the contract. Staff is recommending approval of final
payment to New Look Contracting, Inc. and acceptance of the work. A copy of the final payment voucher and the Engineer's Report of
Fina] Acceptance is attached.
Recommended Motion: Move to accept the work for 2006 Storm Sewer Improvement, City Project #0405 and authorize final
payment of $24,016.35 to New Look Contracting, Inc of Elk River, Minnesota.
Attachment: Payment Voucher
Engineer's Report of Final Acceptance
COUNCIL ACTION:
95
CITY OF COLUMBIA HEIGHTS
CONSTRUCTION PAYMENT VOUCHER
ESTIMATE NO. FINAL
DATE: NOVEMBER 1, 2007
PERIOD ENDING: SEPTEMBER 28, 2007
CONTRACT: 2006 STORM SEWER IMPROVEMENTS
PROJECT NO. 0405
TO: NEW LOOK CONTRACTING, INC.
19696 County Road 72
Elk River, MN 55330
A` Original Contract Amount
---------------.__---------- ---- $120,147.75
-------
___
B. _
Total Addition $1,600.00
C. Total Deduction $0.00
D. TOTAL CONTRACT AMOUNT $121,747.75
E. TOTAL VALUE OF WORK TO DATE $121,702.00
F. LESS RETAINE(~0%~ $0.00
G. _____
___ ___ _ _ ____ _
Payment s~
_
Previous ___ ~$97,685_65~
H __
_
_
TOTAL APPROVED FOR PAYMENT THIS VOUCHER $24,016.35
I. TOTAL PAYMENTS INCLUDING THIS VOUCHER
APPROVALS
Pursuant to our field observations, I hereby recommend for payment the above stated
amount for work performe through . eptember 28, 2007.
Signed by:
I$re n Ha e , P blic Works Director
Signed by: ~~ ~~v~~~x'"I
NEW LOOK CONTRACTING
$121, 702.00
-~
Dat
%/-i~ -~ ~
Date
96
CITY OF COLUMBIA HEIGHTS
ANOKA COUNTY, MINNESOTA
ENGINEER'S REPORT OF FINAL ACCEPTANCE
2006 STORM SEWER INSTALLATION
CITY PROJECT NUMBER 0405
November 16, 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 New Look Contracting.
The work consisted of replacement/rehabilitation of storm sewer structures on Central Avenue
from 47`'' to 49`h Avenues. The contractor has substantially completed the project in accordance
with the contract.
It is recommended; herewith, that fugal payment be made for said improvements to the contractor
in the amount as follows:
ORIGINAL CONTRACT PRICE $ 120,147.75
CHANGE ORDERS $ 1,600.00
FINAL CONTRACT AMOUNT $ 121,747.75
FINAL WORK APPROVED $ 121,702.00
ALL PRIOR PAYMENTS ($ 97,685.65)
BALANCE DUE $ 24,016.35
Sincerely,
CITY OF COLUMBIA HEIGHTS
Kevin R. Hansen
City Engineer
97
CITY COUNCIL LETTER
MEETING OF: December 10, 2007
AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER
NO: FINANCE APPROVAL
ITEM: DESIGNATING AN OFFICIAL BY: WILLIAM ELRITE BY:
NEWSPAPER FOR 2008
NO: DATE: DECEMBER 4, 2007
Each year the City Council designates an official newspaper for publishing of legal notices and
other required publications. State statutes require the newspaper to be published at least twice
monthly. Statutes also limit the amount the newspaper can charge, to the rate paid by commercial
users. Based on this, there are three newspapers serving Columbia Heights that meet the criteria:
Sun Focus News, the Northeaster, and the Star Tribune. Based on rates charged to commercial
customers, Sun Focus News is the least expensive alternative. The Star Tribune's 2008 rate will be
$4.75 per line for legal notices.
The following is a comparison of the 2007 rates to the 2008 rates for the Sun Focus News:
2007 Rate 2008 Rate
One Column Width:
Per line, first insertion 0.99 0.99 ($9.90 per col. inch)
Per line, subsequent insertion 0.55 0.55 ($ 5.50 per col. inch)
Neither the Star Tribune nor the Sun Focus News has increased their rates for 2008. A bid
was not requested from the Northeaster as they did not respond to our inquiry last year.
RECOMMENDED MOTION: Move to designate Sun Focus News as the official City
newspaper for 2008 and to authorize the Mayor and City Manager to enter into an agreement with
Sun Focus News for required publications.
WEams
0712042COUNCIL
COUNCIL ACTION:
98
~~ ~ =_~ ~ Sun Patriot ffinttmurcr
~t~~~ PRESSQ~ ~ ~ ~z ~~~~
~glr°e Beaean t71CWEW5 IIr`"s~Ape'"5 /~1 Newspapers C
www.mnsun.com
l 16 East River 408 E. Main St. 33 Second St. N.E. ].0917 Valley View Road 8 Elm Street South 1931 Curve Crest Blvd.
Monticello, MN 55362 Mekose, MN 56352 Osseo, MN 55369 Eden Prairie, MN 55344 Waconia, MN 55387 Stillwater, MN 55082
November 15, 2007
City of Columbia Heights
City Council
590 40th Avenue NE
Columbia Heights, MN 55421
Dear City Council Members:
The Sun-Focus would like to be considered for designation as the legal newspaper for the City of
Columbia Heights far the upcoming year.
All published legal notices are posted on our website (www.mnSun.com) at no additional charge.
This is an enhancement to the local news coverage already available on the Internet and will
broaden the readership of your legal notices.
One of the main benefits of publishing your legal notices with the Sun-Focus is our home delivery.
Sun Newspapers has become the primary source of community news in the suburbs. Your notices in
our paper have the best chance of being seen and read.
Despite rising costs of operating our newspapers, there will be no rate increase. Our legal prices will
remain the same.
The rate structure for legals effective the first of the year will be:
1 column width: $ .99 per line -per insertion ($9.90 per col. inch)
$ .55 per line -subsequent insertions ($5.50 per col. inch)
There are 10 lines per inch. Our columns are 11 picas 10 points wide
Because price comparisons between newspapers are difficult due to differences in column width,
font size, etc., we would be happy to provide a price quote on an e-mailed submission.
Two notarized affidavits on each of your publications will be provided with no additional charge.
The deadline for regular length notices is 11:00 a.m. the Monday prior to publication. E-mailing the
legal notices is an efficient and accurate way of getting the notices to us. The e-mail address for the
legal department is sunlegals@acnpapers.com. We still accept notices on disk, faxed or through the
mail. If you require mare information to make your decision, please contact me or Mary Ann Carlson,
our Legal Representative, at 952-392-6829.
Thank you for considering the Sun-Focus as the official newspaper for your community.
Sincerely,
Jeffrey Coolman
Vice President and Group Publisher _ -
In the Community • With the Community • For the Community .
11/29/2007 09:58 FAX 612 873 4884 STAR TRIBUNE GLS. ADV.
StarTribune
Fax
TI~~A.NSl~ZISSION
42S PORTLAND
Minneapolis, MN 55488
TO: Sue
City of Columbia Neights, MN
FAX #: 763-706-3637
FROM: Cheri Rongfien legal Notices
FAX #: 612-673-4884
DATE: November 29, 2007
SUBJECT: Lega! Notice Rates for 2008
PHONE#: 763-706-3634
PHONE #: 612-673-4105
PAGES: 1
The rate wilt remain unchanged for 2008. The rate is $4.75 per line.
Thank you for your interest in the Star Tribune.
Cheri
100
X001
CITY COUNCIL LETTER
Meeting ofDecember 10, 2007
AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY
Fire MANAGER
NO: APPROVAL
ITEM: Rental. Housing BY: Gary Gorman BY:
Licenses
NO: DATE: December 4, 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 December 10, 2007
COUNCIL ACTION:
101
List of 2007 Rental Licenses to Approve
Occupany I.D. Property Owner Name
10083 Professional Property Mgmt LLC
30147 Art Properties Management
30177 Housing Plus Inc.
20189 Anthony Ajewole
10212 Nathan Erickson
12095 Mary Jenkins
20393-NC Stephen Peterson
10165 Walter Sentyrz, Jr.
Property Address
4000 WASHINGTON
3925 3RD
3816 Stinson
1081 POLK
521 MILL
617 51ST
1008 COULD
4632 6TH
12/04/2007 11:38 X02 Page 1
CITY COUNCIL LETTER
Meeting of December 10 2007
AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY
Fire MANAGER
NO: APPROVAL
ITEM: REISSUE RENTAL BY: Gary Gorman BY:
LICENSE
NO: DATE: December 3, 2007 DATE:
The matter of the revocation of the license to operate a rental unit(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.
RECOMMENDED MOTION: Move to issue arental-housing license to Charlie
Vanderlinden to operate the rental property located at 961 37`" Avenue N.E. in that the
provisions of the residential maintenance code have been complied with.
COUNCIL ACTION:
103
CITY COUNCIL LETTER
Meeting of December 10 2007
AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY
Fn•e MANAGER
NO: APPROVAL
ITEM: REISSUE RENTAL BY: Galt' Gorman BY:
LICENSE
NO: DATE: December 3, 2007 DATE:
The matter of the revocation of the license to opei°ate a rental unit(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 arental-housing license to Moshen
Dessouki to operate the rental. property located at 4610-4612 Fillmore Street N.E. in that
the provisions of the residential maintenance code have been complied with.
COUNCIL ACTION:
104
CITY COUNCIL LETTER
Meeting of December 10 2007
AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY
Fire MANAGER
NO: APPROVAL
ITEM: REISSUE RENTAL BY: Gaiy Gorman BY:
LICENSE
NO: DATE: December 5, 2007 DATE:
The matter of the revocation of the license to operate a rental unit(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 arental-housing license to Nicholas Miller
to operate the rental property located at 3819 Van Buren Street N.E. in that the provisions
of the residential. maintenance code have been complied with.
COUNCIL ACTION:
105
CITY COUNCIL LETTER
Meeting of: December 10, 2007
AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER
NO: License Department APPROVAL
ITEM: License Agenda BY: Shelley Hanson DATE:
NO: DATE: Dec. 6, 2007 BY:
BACKGROUND/ANALYSIS
Attached is the business license agenda for the December 10, 2007 Council meeting. This agenda
consists of applications for Contractor licenses for 2008 as well as the renewals of Business Licenses for
2008 as listed.
At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied
Application. This means that the data privacy form has been submitted as required. If not submitted,
certain information cannot be released to the public.
RECOMMENDED MOTION:
Move to approve the items as listed on the business license agenda for December 10, 2007 as presented
regarding the licenses for 2008.
COUNCIL ACTION:
106
TO CITY COUNCIL December 10, 2007
*Signed Waiver Folm Accompanied Application
****LICENSES FOR 2008****
GAMES OF SKILL
POLICE *Mendota Valley Amuse. 11071 93`d Ave N, Maple Gr $225.00
For Buffalo Wild Wings & VFW
LIOUOR LICENSE
POL, F,BLDG,ZA *LaCasita 5085 Central Ave $6,700
Star Central 4005 Central Ave $8,200*
(Subj. to fees and Ins. being submitted prior to release of License)
TEMPORARY WINE/BEER LICENSE
POL,F,BLDG,ZA *Immaculate Conception 4030 Jackson St. $300
For IC Follies Feb I-3, ?008
CIGARETTE SALES
POLICE *Univ. Food N Fuel 4001 Univ. Ave $300
*Yafa Beach Inc. 4110 Central Ave $300
SECOND HAND DEALER
POL, F, BLDG, ZA TVI Inc./Savers 4849 Central Ave $100*
(Subj. to fees and application being submitted)
FUEL DISPENSING DEVICES
FIRE *Univ. Food n Fuel 4001 University Ave $120
CONTRACTOR'S LICENSES (2008)
BLDG *OC Mechanical 16008 Dunkirk St NE, Ham Lk $60
*Thermex Corp 3529 Raleigh Ave So, St Louis Pk $60
*Centrau-e 7402 Washington Ave, Eden Pr $60
*Bostrom Sheet Metal 731 Hampden Ave, St Paul $60
*Fireside Hearth & Hm 2700 Fairview Ave N, Roseville $60
*River City Sheet Metal 8290 Main St, Fridley $60
*Gilbert Mech Cont. 4451 W 76`" St, Edina $60
*Marlowe's Refrig. & Htg 6325 Bloomington Ave So, Rich $60
Advanced Energy Services 5555 Boone Ave N, New Hope $60
*Amtech Lighting Services 6077 Lake Elmo Ave N, Stillwater $60
Voson Plumbing 1515-A 5"' St S, Hopkins $60
*Norblom Plumbing 2905 Garfield Ave So, Mpls $60
107
C & 5 Blacktopping 14435 Northdale Blvd, Rogers $60
*Asphalt Driveway 1211 E. Hwy 36, Maplewood $60
*LeRoux Excavating 2104 64`" St, Wht Bear Lk $60
*Ryan Companies 50 So 10`" St, Mpls $60
*M.P. Johnson Const 121 So 8`" St, Mpls $60
*Chris' Chimney Repr 1498 Jackson Ave, St Michael. $60
Skyline Consultants & Bldg 3627 Grimes Ave N, Robbulsdale $60
*Wellington Window 3938 Meadowbrook Rd, St Louis Pk $60
*Duall Service 636 39`'' Ave, Col. Hts $60
*Ryland Homes 7599 Anagram. Dr, Eden. Pr. $60
*A Top Notch Service 5505 N. Hwy 169, Plymouth $60
*Wright Tree Service 230 Lundin Blvd, Mankato $60
*Raiiibow Treecare 2239 Edgewood Ave, St. Louis Pk $60
108
CITY OF COLUMBIA HEIGHTS
FINANCE DEPARTMENT
COUNCIL MEETING OF: December 10 2007
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF COLUMBIA HEIGHTS
Motion to approve payment of bills out of the proper funds, as listed in the attached
check register covering Check Number 123755 through 123990
in the amount of $ 5,163,745.86
These checks have been examined and found to be legal charges against the CITY OF
COLUMBIA HEIGHTS, and are herby, recommended for payment.
109
ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS
12/05/2007 16:31:18 Check History GL050S-V06.74 COVERPAGE
GL540R
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* *** C O U N C I L
* *** C O U N C I L
* *** C O U N C I L
* *** C O U N C I L
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Report Selection:
Optional Report Title.......12/10/2007 COUNCIL LISTING
INCLUSIONS:
Fund & Account .............. thru
Check Date .................. thru
Source Codes ................ thru
Journal Entry Dates......... thru
Journal Entry Ids........... thru
Check Number ................ 123755 thru 123990
Project ..................... thru
Vendor ...................... thru
Invoice ..................... thru
Purchase Order .............. thru
Bank ........................ thru
Voucher .................... thru
Released Date ............... thru
Cleared Date ................ thru
Include Exp/Rev Closing Entries N
Run Instructions:
Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP
J COUNCIL 01 P4 Y S 6 066 10
110
ACS FINANCIAL SYSTEM
12/05/2007 16
BANK VENDOR
BANK CHECKING ACCOUNT
CITY OF COLUMBIA HEIGHTS
Check History GL540R-V06.74 PAGE 1
12/10/2007 COUNCIL LISTING
CHECK NUMBER AMOUNT
AARP 123755 150.00
BAKKEN/CHERYL 123756 14.55
BATEMAN/GRAHAM 123757 2.00
BKV GROUP INC 123758 175.97
CHORNEY/JASON 123759 1.95
CITY OF COLUMBIA HEIGHTS 123760 133,572.04
COLUMBIA HEIGHTS VOLUNTE 123761 89,645.00
COPELAND BUILDING CORP 123762 729,333.18
DAKOTA COUNTY RECEIVING 123763 63.00
DAVES SPORT SHOP 123764 118.22
DONALD SALVERDA & ASSOCI 123765 101.06
G & K SERVICES INC 123766 160.77
GENUINE PARTS/NAPA AUTO 123767 156.74
GILDERHUS/DAVE 123768 103.07
GOLDEN AGE CLUB 123769 300.00
GRIGGS-COOPER & CO 123770 154.60
HENSEL/KENNETH 123771 1.13
JJ TAYLOR DIST OF MN 123772 10,196.33
JOHNSON BROS. LIQUOR CO. 123773 21,477.90
JOHNSON'S OUTDOOR SERVIC 123774 2,835.00
KENNEDY & GRAVEN 123775 743.97
MN POLLUTION CONTROL AGE 123776 3,000.00
MOYER/CRAIG 123777 22.28
OFFICE DEPOT 123778 128.14
PETTY CASH - KAREN MOELL 123779 187.46
PETTY CASH - LIZ BRAY 123780 39.07
PMJ C/O FIRST SELECT EQU 123781 0.00
POST BOARD 123782 90.00
QUALITY WINE & SPIRITS 123783 3,251.35
QWEST BUSINESS SERVICES 123784 512.00
RESOURCE PROFESSIONALS A 123785 179.00
SAM'S CLUB 123786 287.33
SBSI INC 123787 1,137.42
SHAMROCK GROUP/ACE ICE 123788 206.64
SIGNMINDS INC 123789 271.80
STAR TRIBUNE 123790 39.12
STOVER/MARY 123791 500.00
STREICHER'S GUN'S INC/DO 123792 74.12
SUN PUBLICATION INC 123793 27.23
USA MOBILITY WIRELESS IN 123794 50.21
XCEL ENERGY (N S P) 123795 1,952.17
MAJESTIC OAKS 123796 28.50
BRODART 123797 94.29
CAPITOL BEVERAGE SALES L 123798 36,603.10
CATCO PARTS SERVICE 123799 49.33
CHISAGO LAKES DISTRIBUTI 123800 11,174.75
CINTAS FIRST AID-SAFETY 123801 73.73
111
ACS FINANCIAL SYSTEM
12/05/2007 16
BANK VENDOR
BANK CHECKING ACCOUNT
CITY OF COLUMBIA HEIGHTS
Check History GL540R-V06.74 PAGE 2
12/10/2007 COUNCIL LISTING
CHECK NUMBER AMOUNT
DANIMAL DISTRIBUTING INC 123802 1,325.00
DEX MEDIA EAST LLC 123803 332.55
DINGMAN/DOUGLAS 123804 117.00
FARNER-BOCKEN 123805 19,440.94
GENUINE PARTS/NAPA AUTO 123806 94.51
GRAPE BEGINNINGS INC 123807 835.75
GRIGGS-COOPER & CO 123808 41,728.91
HARBOR FREIGHT TOOLS 123809 21.16
HOHENSTEINS INC 123810 5,631.80
IDEARC MEDIA CORP 123811 71.25
JOHNSON BROS. LIQUOR CO. 123812 20,661.00
MARY FOSS PARTNERSHIP 123813 4,500.00
MARK VII DIST. 123814 4,051.37
MN DEPARTMENT OF PUBLIC 123815 250.00
MYAS 123816 2,625.00
NEOPOST INC 123817 1,128.00
PAUSTIS & SONS WINE COMP 123818 486.50
PETTY CASH - LIZ BRAY 123819 27.80
PHHS CLASS REUNION 123820 183.36
PHILLIPS WINE & SPIRITS 123821 4,152.83
PMJ 123822 120.41
QUALITY WINE & SPIRITS 123823 12,426.88
QWEST BUSINESS SERVICES 123824 246.02
QWEST COMMUNICATIONS 123825 211.87
S & T OFFICE PRODUCTS IN 123826 141.35
SEVETT/COREY 123827 1,100.00
SPRINT INC 123828 33.35
STREICHER'S GUN'S INC/DO 123829 79.84
SURLY BREWING CO INC 123830 404.00
TWIN CITIES TRANSPORT & 123831 37.28
VERIZON WIRELESS 123832 111.51
VINOCOPIA INC 123833 1,157.00
WELLS FARGO BANK 123834 3,246.52
WINE MERCHANTS 123835 3,001.14
XCEL ENERGY (N S P) 123836 2,859.70
ZACCARDI/MANDI 123837 50.00
ANOKA COUNTY 123838 8,446.75
J G COLUMBIA HEIGHTS LLC 123839 88,890.09
NORTHEAST BANK 123840 3,500,000.00
ACCURINT 123841 130.50
ARMED/HAMDA 123842 16.99
AMERICAN BOTTLING COMPAN 123843 275.70
ANCOM COMMUNICATIONS INC 123844 58.04
BELLBOY CORPORATION 123845 3,766.55
BRIGIDO/MANUEL 123846 104.81
BUETOW AND ASSOCIATES IN 123847 11,757.46
BURNET TITLE 123848 236.42
112
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12/05/2007 16
BANK VENDOR
BANK CHECKING ACCOUNT
CITY OF COLUMBIA HEIGHTS
Check History GL540R-V06.74 PAGE 3
12/10/2007 COUNCIL LISTING
CHECK NUMBER AMOUNT
CENTER POINT ENERGY 123849 1,986.92
CENTRO BRADLEY SPE 5 LLC 123850 11,940.57
CITY OF COLUMBIA HEIGHTS 123851 131,560.19
COCA-COLA BOTTLING MIDWE 123852 1,020.42
COLUMBIA HEIGHTS I 123853 5,570.70
DUERR/NICOLE 123854 3.37
EDAM 123855 30.00
ESCHELON 123856 163.61
EXTREME BEVERAGE 123857 480.00
FARNER-BOCKEN 123858 2,510.86
FEHST/WALTER 123859 482.92
FIRST NATIONAL INSURANCE 123860 1,000.00
G & K SERVICES INC 123861 52.66
GRACE AND TRUTH CHAPEL 123862 236.83
IDEAL ADVERTISING INC. 123863 1,428.00
JJ TAYLOR DIST OF MN 123864 30,423.80
JOHNSON BROS. LIQUOR CO. 123865 4,417.95
KELZENBERG/BRUCE 123866 349.50
KIRSCHBAUM/MARLIN 123867 10.00
KOEHLER/LUANNA 123868 250.00
LIBRARY FOUNDATION BOARD 123869 50.00
MARK VII DIST. 123870 13,610.65
MEDICINE LAKE TOURS 123871 4,263.00
MINNESOTA COACHES INC 123872 551.60
MN AMERICAN PLANNING ASS 123873 12.00
MN CRIME PREVENTION ASSO 123874 350.00
MOSER/AMY 123875 328.12
MUSCOVITZ/PATRICIA 123876 349.50
NAGLE/DIANA 123877 4.08
OFFICE DEPOT 123878 473.19
OLAYIWOLA/OLUBISI 123879 60.00
PETERSON/GARY 123880 421.50
PETTY CASH - KAREN OLSON 123881 112.13
PETTY CASH - LIZ BRAY 123882 35.02
PHILLIPS WINE & SPIRITS 123883 7,065.03
PITNEY BOWES LOUISVILLE 123884 110.74
QUALITY WINE & SPIRITS 123885 11,003.74
QWEST BUSINESS SERVICES 123886 38.73
RODDY/WILLIAM 123887 300.00
SHAMROCK GROUP/ACE ICE 123888 363.11
SINN/GREG 123889 41.99
SPRINT INC 123890 42.29
ST ANTHONY SPORTS BOOSTE 123891 508.00
STREICHER'S GUN'S INC/DO 123892 1,724.65
T-MOBILE INC 123893 210.60
USA MOBILITY WIRELESS IN 123894 95.87
VERIZON WIRELESS 123895 157.63
113
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12/05/2007 16
BANK VENDOR
BANK CHECKING ACCOUNT
CITY OF COLUMBIA HEIGHTS
Check History GL540R-V06.74 PAGE 4
12/10/2007 COUNCIL LISTING
CHECK NUMBER AMOUNT
VINOCOPIA INC 123896 105.75
XCEL ENERGY 123897 25.07
XCEL ENERGY (N S P) 123898 3,517.67
ACE HARDWARE 123899 2.79
ADVANCED GRAPHIX INC 123900 241.00
AMERICAN TEST CENTER 123901 500.00
AMERICAN WATER WORKS ASS 123902 232.50
AMERIPRIDE INC 123903 74.16
ANCOM COMMUNICATIONS INC 123904 12.00
ANOKA COUNTY - GOVT CEN 123905 652.98
ASPEN MILLS, INC. 123906 26.80
ASTLEFORD INTERNATIONAL 123907 355.12
BAKER & TAYLOR 123908 911.74
BAKER & TAYLOR ENTERTAIN 123909 477.77
BATTERIES PLUS - 028 123910 90.48
BEAVER CAULKING INC 123911 1,200.00
BOUND TREE MEDICAL LLC 123912 73.75
BRAUER & ASSOCIATES LTD 123913 13,518.52
BRAUN INTERTEC CORP 123914 2,914.60
BRODART 123915 44.94
BUILDING FASTENERS 123916 26.84
CANADA GOOSE PROJECT 123917 1,056.00
CINTAS FIRST AID-SAFETY 123918 322.82
CITY OF COON RAPIDS 123919 1,018.57
COL HGTS FIREFIGHTERS AS 123920 149.72
COLUMBIA PARK MEDICAL GR 123921 609.00
COMMERCIAL ASPHALT 123922 1,110.53
DELTA HOSPITAL SUPPLY IN 123923 78.60
DU ALL SERVICE CONTRALTO 123924 15,184.46
EMERGENCY AUTOMOTIVE TEC 123925 414.52
FIRE EQUIPMENT SPECIALTI 123926 845.81
FLEX COMPENSATION, INC 123927 162.75
G & K SERVICES INC 123928 437.93
GENE'S WATER & SEWER INC 123929 3,635.35
GENUINE PARTS/NAPA AUTO 123930 99.28
GLASS MASTERS, INC 123931 250.00
GRAVES/MATTHEW 123932 150.00
GREEN LIGHTS RECYCLING I 123933 334.00
H & L MESABI 123934 321.73
HEIGHTS ELECTRIC INC. 123935 1,946.94
HOMELAND HEALTH SPECIALI 123936 765.00
INSTRUMENTAL RESEARCH IN 123937 160.00
INTEGRATED LOSS CONTROL 123938 362.00
KEEP INC/THE 123939 94.21
KLEIN UNDERGROUND LLC 123940 3,382.75
LANG EQUIPMENT CO. 123941 328.69
LEAGUE OF MINNESOTA CITI 123942 12,414.00
114
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12/05/2007 16
BANK VENDOR
BANK CHECKING ACCOUNT
CITY OF COLUMBIA HEIGHTS
Check History GL540R-V06.74 PAGE 5
12/10/2007 COUNCIL LISTING
CHECK NUMBER AMOUNT
LYLE SIGNS INC 123943 93.12
MAC QUEEN EQUIPMENT CO. 123944 104.36
MARTIN-MCALLISTER INC 123945 350.00
MEDICS TRAINING INC 123946 400.00
MEDTOX LABORATORIES, INC 123947 300.32
MENARDS CASHWAY LUMBER-F 123948 47.73
METRO WELDING SUPPLY 123949 320.23
MIDWAY FORD 123950 350.00
MIDWEST TAPE 123951 280.87
MINITEX - ATTN MARY GARC 123952 123.00
MINNEAPOLIS SAW CO. 123953 88.31
MINNESOTA DEPARTMENT OF 123954 10,134.00
MN CHIEFS OF POLICE ASSO 123955 58.58
MORRELL & MORRELL INC 123956 666.40
MSPE 123957 300.00
MTI DISTRIBUTING 123958 66.10
MYERS TIRE SUPPLY COMPAN 123959 14.31
NATW 123960 25.00
NORTHEASTER 123961 621.00
NORTHERN STAR COUNCIL 123962 207.00
OFFICE DEPOT 123963 380.44
ONE-CALL CONCEPT-GOPHER 123964 413.60
ONVOY INC 123965 59.99
QUALITY RESTORATION SERV 123966 264.55
RANDOM HOUSE, INC 123967 273.50
RDO EQUIPMENT 123968 345.54
RON KASSA CONSTRUCTION 123969 23,436.24
ROSEDALE CHEV 123970 146.09
ROYAL TIRE 123971 1,148.19
RYDBERG/SCOTT 123972 191.25
S & T OFFICE PRODUCTS IN 123973 871.47
SENSIBLE LAND USE COALIT 123974 200.00
SERVICE LIGHTING 123975 48.24
SHI 123976 790.14
SMITH MICRO TECHNOLOGIES 123977 455.00
SOUTHERN ANOKA CTY COMMU 123978 5,782.00
STAPLES BUSINESS ADVANTA 123979 58.04
STEEL TECH INC 123980 138.45
TAUTGES, REDPATH, & CO., 123981 675.00
TOUSLEY FORD 123982 1,046.50
TRANS-ALARM INC 123983 279.16
TULL BEARING 123984 223.52
UNITED RENTALS 123985 12.34
VERIZON WIRELESS 123986 88.56
VOSS LIGHTING 123987 66.50
WW GRAINGER,INC 123988 479.48
ZIEGLER INC 123989 463.46
115
ACS FINANCIAL SYSTEM
12/05/2007 16
BANK VENDOR
BANK CHECKING ACCOUNT
3M
CITY OF COLUMBIA HEIGHTS
Check History GL540R-V06.74 PAGE 6
12/10/2007 COUNCIL LISTING
CHECK NUMBER AMOUNT
123990 8,157.24
5,163,745.86 ***
116
ACS FINANCIAL SYSTEM
12/05/2007 16
BANK VENDOR
REPORT TOTALS:
CITY OF COLUMBIA HEIGHTS
Check History GL540R-V06.74 PAGE 7
12/10/2007 COUNCIL LISTING
CHECK NUMBER AMOUNT
5,163,745.86
RECORDS PRINTED - 001117
117
ACS FINANCIAL SYSTEM
12/0 5/2007 16:31:22 Check History
FUND RECAP:
FUND
---- DESCRIPTION
---------------------------- DISBURSEMENTS
101 GENERAL 158,396.04
201 COMMUNITY DEVELOPMENT FUND 1,951.07
212 STATE AID MAINTENANCE 3,678.70
240 LIBRARY 5,075.14
261 TWENTY-FIRST CENTURY PROGRAM 64.63
270 DARE PROJECT 41.99
401 CAPITAL IMPROVEMENTS 23,436.24
412 CAPITAL IMPROVEMENT PARKS 13,518.52
415 CAPITAL IMPRVMT - PIR PROD 22,328.06
418 COMMUNITY CTR CAPITAL BLDG 209.82
420 CAP IMPROVEMENT-DEVELOPMENT 97,159.13
436 CAPITAL EQUIP REPLACE-LIQUOR 730,328.68
481 ANOKA JLEC:POLICE COMPTR EQP 2,673.15
601 WATER UTILITY 11,968.70
602 SEWER UTILITY 1,172.28
603 REFUSE FUND 1,014.29
604 STORM SEWER UTILITY 1,185.76
609 LIQUOR 304,800.83
652 SEWER CONSTRUCTION FUND 2,972.78
701 CENTRAL GARAGE 7,130.78
720 DATA PROCESSING 2,118.70
875 FISCAL AGENCY: GIS RANGER 6,053.19
881 CONTRIBUTED PROJECTS-REC 172.40
884 INSURANCE 1,000.00
885 PAYROLL FUND 265,132.23
886 INVESTMENT FUND 3,500,000.00
887 FLEX BENEFIT FUND 162.75
TOTAL ALL FUNDS 5,163,745.86
BANK RECAP:
BANK NAME DISBURSEMENTS
---- ----------------------------
BANK CHECKING ACCOUNT 5,163,745.86
TOTAL ALL BANKS 5,163,745.86
CITY OF COLUMBIA HEIGHTS
GL060S-V06.74 RECAPPAGE
GL540R
118
CITY COUNCIL LETTER
12/1 ~/~7
Meeting of:
AGENDA SECTION: RESOLUTIONS/ORDINANCES ORIGINATING DEPARTMENT' CITY MANAGER
NO: PUBLIC WORKS
ITEM: FIRST READING OF ORDINANCE #1533: XCEL BY: K. Hansen BY:
FRANCHISE AGREEMENT DATE: 12/4/07 DATE:
Background:
City staff and representatives from Xcel Energy have been discussing and reviewing issues regarding the implementation of a new
franchise agreement. The current fi-anchise agreement with Xcel expired in 2007, a copy of which is attached. The renewal of a new
franchise agreement grants Xcel Energy the authority to construct, operate, repair and maintain an electric distribution system and
transmission lines, including necessary poles, lines, fixtures and appurtenances, for the furnishing of electric energy to the city, its
inhabitants, and others, and to use the public ways and public b •ounds within the City's borders. The franchise agreement has been
reviewed by the City Attorney and is recommended for approval. The proposed franchise agreement is in ordinance format and requires
two readings at regular City Council meetings, becoming effective 30 days after the second reading.
Analysis /Conclusions:
The City of Columbia Heights Franchise Agreement with. Xcel Energy expired April 1 of this year. Public Works has developed a new
franchise agreement for the City Council's review. The new ordinance is based on a model ordinance created by the League of
Minnesota Cities (LMC) and Suburban Rate Authority (SRA). The model ordinance was developed to assist local governments in
creating a uniform agreement for electric service. I would highlight the following specifics of the new ordinance for the council:
• Provides additional definitions of terms and entities used in the agreement.
• Provides for a twenty (20} year agreement.
• This agreement is consistent with the permit and restoration standards that the company must follow in the City's existing
Right-of--Way Ordinance (#1446).
• Provides for proper notice of proposed public improvements by the City to Xcel Energy.
• An indemnity clause has also been included to protect the City from potential problems that may arise due to construction,
maintenance, operation, repair, inspection or removal of electrical lines within the City of Columbia Heights.
• The proposed ordinance preserves the right of the City to implement a franchise fee that can be enacted over the life of the
franchise. The proposed ordinance does not enact the franchise fee at this time.
Staff requested review and comments on the proposed ordinance from the legal council for the Suburban Rate Authority (SRA). James
Strommen, SRA attorney from the firm of Kennedy and Graven reviewed the proposed ordinance and returned an updated version for
consideration based upon work with other cities. Staffhas incorporated the recommendations of the SRA review and City Attorney into
this document.
Recommended Motion: Move to waive the reading of Ordinance #1533, there being ample copies available to the public.
Recommended Motion: Move to establish the second reading of Ordinance #1533, being an Ordinance adopting a franchise
agreement with Xcel Energy for the City of Columbia Heights for January 14, 2008 at approximately 7:00 p.m. in the Council
Chambers.
KH:jb
Attachment: Xcel Ordinance #1.533
119
ORDINANCE NO. 1533
BEING AN ELECTRIC FRANCHISE ORDINANCE GRANTING TO NORTHERN
STATES POWER COMPANY, D/B/A XCEL ENERGY, A MINNESOTA
CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT,
OPERATE, REPAIR AND MAINTAIN IN THE CITY OF COLUMBIA HEIGHTS,
MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION
LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND
APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE
CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC WAYS AND
PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES.
THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, ANOKA COUNTY,
MINNESOTA, DOES ORDAIN:
SECTION 1. DEFINITIONS.
For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall
have the following meanings:
City. The City of Columbia Heights, County of Anoka, State of Minnesota.
City Utility System. Facilities used for providing public utility service owned or operated by
City or agency thereof, including sewer, storm water, water service, street lighting and traffic signals,
but excluding facilities for providing heating, lighting or other forms of energy.
Commission. The Minnesota Public Utilities Commission, or any successor agency or
agencies, including an agency of the federal government. which preempts all or part of the authority to
regulate electric retail rates now vested in the Minnesota Public Utilities Conunission.
Company. Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its
successors and assigns including all successors or assignees that own or operate any part or parts of the
Electric Facilities subject to this franchise.
Electric Facilities. Electric transmission and distribution towers, poles, conductors, lines,
guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the
purpose of providing electric energy for public use.
Non-Betterment Costs. Costs incurred by Company from relocation, removal or
rearrangement of Electric Facilities that do not result in an improvement to the Electric Facilities.
Notice. A written notice served by either party or parties on the other party. Notice to
Company shall be mailed to the General Counsel, Legal Services, 414 Nicollet Mall, 5`~' Floor,
120
Minneapolis, MN 55401. Notice to the City shall be mailed to the City Manager, City of
Columbia Heights, 590 40"' Avenue N.E., Columbia Heights, MN 55421. Either party may
change its respective address for the purpose of this Ordinance by written notice to the other
party.
Public Ground. Land owned or otherwise controlled by the City for park, open space or
similar public pwpose, which is held for use in conunon by the public.
Public Way. Public right-of--way within the City as defined in Minn. Stat. § 237.162 subd.
3.
SECTION 2. ADOPTION OF FRANCHISE.
2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the
date this Ordinance is passed and approved by the City, the right to transmit and famish electric energy
for light, heat, and other purposes for public and private use within and through the limits of the City as
its boundaries now exist or as they may be extended in the future. For these purposes, Company may
constuct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Ways
and Public Grounds, subject to the provisions of this Ordinance. Company may do all reasonable
things necessary or customary to accomplish these purposes, subject, however, to such reasonable
regulations as may be imposed by the City pursuant to ordinance and to the fiu-ther provisions of this
franchise agreement.
2.2 Effective Date; Written Acceptance. This franchise shall be in force and effect from.
and after the passage of this Ordinance and publication as required by law and its acceptance by
Company. If Company does not file a written acceptance with the City within 90 days after the date the
City Council adopts this Ordinance, or otherwise places the City on notice, before that time, that
the Company does not accept all terms of this franchise, the City Council by resolution may
revoke this Ordinance or seek its enforcement in a court of competent jurisdiction.
2.3 Service Rates and Area. The service to be provided and the rates to be charged by
Company for electric service in City are subject to the jurisdiction of the Conunission. The area within
the City in which Company may provide electric service is subject to the provisions of Minnesota
Statutes, Section 216B.40.
2.4 Publication Expense. The expense of publication of this Ordinance shall be paid by
the City and reimbursed to City by Company.
2.5 Dispute Resolution. If either party asserts that the other party is in default u~ the
performance of any obligation hereunder, the complaining party shall notify the other party of the
default and the desired remedy. The notification shall be written. Representatives of the parties must
promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not
resolved within 30 days of the date of written Notice, the parties may jointly select a mediator to
facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a.
mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting
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with the selected mediator, either party may commence an action in District Court to interpret and
enforce this franchise or for such other relief as maybe permitted by law or equity.
2.6 Continuation of Franchise. If the City and Company are unable to agree on the
terms of a new franchise by the time this franchise expires, this franchise will remain in effect until
a new franchise is agreed upon, or until 90 days after the City or Company serves written Notice
to the other party of its intention to allow the franchise to expire, but in no event shall. this
franchise continue for more than one year after expiration of the 20-year term set forth in Section
2.1.
SECTION 3. LOCATION OTHER REGULATIONS.
3.1 Location of Facilities. Electric Facilities shall be located, constructed. and maintained
so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways
and so as not to disrupt normal operation of any City Utility System. Electric Facilities shall be located
on Public Grounds as determined by the City. Company's construction, reconstruction, operation,
repair, maintenance, location, and relocation of Electric Facilities shall. be subject to any permit
requirements authorized in a separate ordinance and other reasonable regulations of the City,
consistent with authority granted the City to manage its Public Ways and Public Grounds under
state law, to the extent not inconsistent with a specific term of this franchise agreement. Company
may abandon underground Electric Facilities in place, provided, at City's request, Company, at its own
expense, removes abandoned metal. conduits or concrete encased conduit or other Facilities interfering
with a City improvement project, but only to the extent such conduit or other facility is uncovered as
part of the City improvement project.
3.2 Street Openings. Company shall not open or disturb the surface of any Public Way or
Public Ground for any purpose without first having obtained a permit from the City, if required by a
separate ordmanc~ for which the City may impose a reasonable fee, subject to the provisions of
Section 9. Permit conditions imposed on Company shall not be more burdensome than those imposed
on other utilities for similar facilities or work. Company may, however, open and disturb the surface of
any Public Way or Public Ground without a permit if (i) an emergency exists requiring the immediate
repair of Electric Facilities and (ii) Company gives telephone, a-mail or similar notice to the City
before, if reasonably possible, commencement of the emergency repair. Within two business days after
commencing the repair Company shall apply for any required permits and pay any required fees.
Restoration. After undertaking any work requiring the opening of any Public Way or
Public Ground, Company shall restore the same, in accordance with Minnesota Rules, Part
7819.1100 and applicable City ordinances to the extent consistent with law. Company shall
restore the Public Ground to as good a condition as formerly existed, and shall maintain the
surface in good condition for six months thereafter, but shall have no obligation to water any
grass or other vegetation thereon. All work shall be completed as promptly as weather permits, and if
Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and
material, and put the Public Way or Public Ground in the said condition, the City shall have, after
demand to Company to cure and the passage of a reasonable period of time following the demand, but
not to exceed five days, the right to make the restoration at the expense of Company. Company shall
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pay to the City the cost of such work done for or performed by the City. This remedy shall be in
addition to any other remedy available to the City for noncompliance with this Section 3.3.
3.4 Performance Security. The City hereby waives any requu•ement, in the normal
course of Company operations, for Company to post a construction perfoi-~nance bond, certifcate
of insurance, letter of credit or any other forni of security or assurance that may be required under
a separate existing or future ordinance of the City, of a person or entity obtaining the City's
permission to install, replace or maintain facilities in a Public Way or the Public Ground.
Notwithstanding the foregoing, the City reserves the right to require a performance bond for new
installation, replacement, or repairs, when the Company's completion of its work is required in
order for the City to proceed on a timely basis with a public improvement project.
3.5 Shared Use of Poles. Company shall make space available on its poles or towers for
City fire, water utility, police or other City facilities whenever such use will not interfere with the use of
such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable
television company or other form of communication company. In addition, the City shall pay for any
added cost incurred by Company because of such use by Ciry.
3.6 Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person,
including Company, from liability arising out of the failure to exercise reasonable care to avoid
damaging Electric Facilities or other persons or property while performing any activity.
3.7 Notice of Improvements to Streets. The City must give Company reasonable written
Notice of plans for improvements to Public Ways where the City has reason to believe that Electric
Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and
character of the improvements, (ii) the Public Ways upon which the unprovements are to be made, (iii)
the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than
one Public Way is involved, the order in which the work is to proceed. The Notice must be given to
Company a sufficient length of time considering seasonal working conditions, in advance of the actual
commencement of the work to permit Company to make any additions, alterations or repairs to its
Electric Facilities Company deems necessary, but so as not to delay the planned City Improvements.
3.8 Mapping Information. Company must promptly provide mapping information
for any of its underground Electric Facilities in accordance with Minnesota Rules Parts 7819.4000
and 7819.4100.
SECTION 4. RELOCATIONS.
4.1 Relocation in Public Ways. Company shall comply with the requirements of any
applicable ordinance of the City relating to relocation of Electric Facilities in Public Ways to the
extent consistent with Minnesota Rules, Part 7819.3100 and applicable law.
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4.2 Relocation in Public Grounds. City may require Company at Company's expense to
relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric
Facilities have become or will become a substantial impairment to the existing or proposed public use
of the Public Ground. Such relocation shall comply with applicable city ordinances consistent with
law.
4.3 Proiects with Federal Funding. Relocation, removal, or rearrangement of any
Electric Facilities made necessary because of the extension into or through City of a federally-aided
highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as
supplemented or amended. It is expressly understood that the right herein granted to Company is a
valuable property right and City shall not order Company to remove or relocate its facilities without
compensation when a Public Way is vacated, improved or realigned because of a renewal or a
redevelopment plan which is financially subsidized in whole or in part by the Federal Government or
any agency thereof, unless the reasonable Non-betterment Costs of such relocation are fast paid to
Company. The City is obligated to pay Company only for those portions of its relocation costs for
which City has received federal funding specifically allocated for relocation costs in the amount
requested by the Company.
4.4 No Waiver. The provisions of this franchise apply only to Electric Facilities
constructed in reliance on a franchise from City and shall not be construed to waive Company's rights
under an easement or prescriptive right or State or County Permit.
SECTION 5. TREE TRIMMING.
Unless otherwise provided in any permit or other reasonable regulation required by the
City under separate ordinance, Company may trim all trees and shrubs in the Public Ways and Public
Grounds of City to the extent Company finds necessary to avoid interference with the proper
construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided
that Company shall save the City harmless from any liability arising there from.
SECTION 6. INDEMNIFICATION.
6.1 Indemnity of City. Company shall indemnify and hold harmless the City from any and
all liability on account of injury to persons or damage to property occasioned by the construction,
maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities
located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims
occasioned through its own negligence except for losses or claims arising out of or alleging the City's
negligence as to the issuance of pernlits for, or inspection of, Company's plans or work.
6.2 Defense of City. In the event a suit is brought against the City under circumstances
where this agreement to inderruiify applies, Company at its sole cost and expense shall defend the City
in such suit if written notice thereof is promptly given to Company within a period wherein Company is
not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will
thereafter have control of such litigation, but Company may not settle such litigation without the
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consent of the City, which consent shall. not be unreasonably withheld. This section is not, as to third
parties, a waiver of any defense or immunity otherwise available to the City and Company, in
defending any action on behalf of the City, shall be entitled to assert in any action every defense or
immunity that the City could assert in its own behalf: This franchise agreement shall not be
interpreted to constitute a waiver by the City of any of its defenses of irmmunity or limitations on
liability under Minnesota Statutes, Chapter 466.
SECTION 7. VACATION OF PUBLIC WAYS.
The City shall give Company at least two weeks prior written notice of a proposed vacation of
a Public Way. Except where required solely for a City improvement project, the vacation of any Public
Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to
operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and the
loss and expense resulting from such relocation are fast paid to Company. In no case, however, shall.
the City be liable to Company for failure to specifically preserve aright-of--way under Minnesota
Statutes, Section 160.29. In accordance with Minnesota Rules, Part 7819.3200, if the City's order
directing vacation of the Public Way does not require relocation of the Company's Electric
Facilities, the vacation proceedings shall not be deemed to deprive Company of its right to
continue to use the right-of--way of the former Public Way for its Electric Facilities installed prior
to such order of vacation.
SECTION 8. CHANGE IN FORM OF GOVERNMENT.
Any change in the foam of government of the City shall not affect the validity of this Ordinance.
Any governmental mut succeeding the City shall, without the consent of Company, succeed to all of
the rights and obligations of the City provided in this Ordinance.
SECTION 9. FRANCHISE FEE.
SECTION 10. PROVISIONS OF ORDINANCE.
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10.1 Severability. Every section, provision, or part of this Ordinance is declared
separate from every other section, provision, or part; and if any section, provision, or part shall be
held invalid, it shall not affect any other section, provision, or part; provided, however, that if the
City is unable to enforce its franchise fee provisions for any reason the parties agree to negotiate
in good faith to substitute, to the extent reasonably possible, amended provisions that validly cai7y
out the primary purpose of the invalid provision. Where a provision of any other City ordinance
conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail.
10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement
between the City and Company as the only parties and no provision of this franchise shall in any
way inure to the benefit of any third person (including the public at large) so as to constitute any
such person as a third party beneficiary of the agreement or of any one or more of the terms
hereof, or otherwise give rise to any cause of action in any person not a party hereto.
SECTION 11. AMENDMENT PROCEDURE.
Either party to this franchise agreement may at any time propose that the agreement be
amended. This Ordinance may be amended at any time by the City passing a subsequent ordinance
declaring the provisions of the amendment, which. amendatory ordinance shall become effective
upon the filing of Company's written consent thereto with the City Clerk after City Council
adoption of the amendatory ordinance.
SECTION 12. PREVIOUS FRANCHISES SUPERSEDED.
This franchise supersedes and replaces previous electric fianchises granted to the Company or
its predecessors. Upon Company acceptance of this franchise under Section 2.2, the previous franchise
shall terminate.
This ordinance shall be in full force and effect from and after 30 days after its passage.
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First Reading:
Second Reading:
Date of Passage:
Offered by:
Second by:
Roll call:
Mayor, Gary Peterson
Attest:
Patricia Muscovitz CMC
City Clerk/Council Secretary
127
ARTICLE II 8RA'UNIFURM ELECTRIC FRANCHISE (NSP)
Section 1: I~INITIONS
12.201 The following tertas shall :
12.201(1) "City'" ..Zn this Article, "Cityi means tt;e City of r-oa~~ia Heights,
ord. 1146 located in the County of Anoka, State of Minnesota.
Jeff. 5/27/812.201(2) "City Utility System" means the facilities used for providing newer,
eater, ar any other public utility service owned or operated by City
or agency thereof.
12.201 t3) "Company"means Northern States Power company, a Minnesota cor-
poration, its successors and assigns. _~
12.201t~) "Notice" means a Writing xrved by ariY p~'tY or P~"ti~ on ~~Y other
party ar parties. Native to Company shall be mailed to the Division
Gene:-al Manager thereof at >a501 68th Ave. N. , Broa4~-yn Center, Mir
551129. Notice to City shall be mailed to the City Clerk.
12.201(5) "Public Way" means any street, alley, or other public right-of-Way
within the City.
12.201 { 6) "Public Gz•amd" means land arced by the City for park, open space or
similar purpose, which is held for use in oom~n by the public.
'12.201(7) "Ei~ctric Facilities" means electric transmission and distribution
tourers, poles, lines, guys, -anclwrs, ducts, fi~c~tu.^es, and necessar'Y
appurtenances owned or operated by the Company for the purpose of
providing tlectric energy far public use•
SECTION 2: ~A'iISE
- 12.202(1) Grant of ~'°ant:hix. City hereby grants CcmPenY+ for a period of
twenty years April 1, 1987, the right to transmit ~ for~publie
electric energy f+u' light, heat, pawtr and other p~v'pas
:and private use ~rithin and thrnugh t~ ~~ of the City as its
boundarias nog exist or as they may be extei'}ded in the future: -Far
- - -these tea. C~P~Y ~Y c,onstrvct, operate, rtpair :and s~irrt.ain
Electric Facilities ia, on, over, und~r.~d acraas the FlZblic mays
and ~bl.ic Grounds of City aub~ect to tbt proviaiono +of' this Ordi-
- ziance ... f.~tmpan3- 'aY do all raasoc~ble thit">Igs ~" 1' -en'. o~sl+aoas"Y
to .e,liah tt~t pu~os~s, aub3'set, ~atx~erer, to sianir~g o
- other ~ppli+cable ~rdi, ~t + ~ to trie ~ ~~'"
prbviaiost~ of Chia fras~ohiat.
12.202(2} Efftetive Date• Written Aece 'his franchise $,hall be in full
- - ~ ~ ~ e~~t~and tr the completion of all throe of the
following events, to brit:
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(a} 30 days from and ai't,er the passage of this Ordinance-.
_ {b} Acceptance in ~rriting by Company xi thin 30 days after .the
passage of this Ordinance, and
(c) This Ordinance -has been published once per .reek for four con-
secutive creeks in the officio? newspaper of the City.
' 12.202(3) Service Rates and Area. The service to be provided and the rates to
be charged by Company for electric service in City currently nre
subject to the jurisdiction of the Minnesota Public Utilities
Ccrraaission. The area within the City in which the C~P~Y may pr'°'
vide electric service currently is subject to the provisions_of _
Minnesota Statutes, Section 21b8.40.
12.202(4} Publication Expanse. The expense of publication of this Ordinance
shall be paia.by the Company.
12.202(5} Default. If either party asserts that the other party is .in default
:in the performance of any obligation hereunder, the complaining
party shall notify the other party of the default and the desired
remedy. The notification shall be written. If-the dispuie may~c~-
resolved eaithin~_30 days of the caritten notice, either pa. Y
mence an action in District Court to interpret ~dtete ob~laxlor
franchise or for such other relief as may be Pe other
eouity for breach of eon~ract, or either party may take any
action permitted by law.
S~CTIOt~ 3: LOCATION , OTHER REGU'~.:4TIOt~S ~ -
12.203(1) Location~of Facilities.. Electric Facilities sha1.1 be located and
constructed so as not to interfere with the safety and oonvenienee
of ordinary travel along and over Public W2ys and they shall be
located on Public Grounds as determined by the City: The Cocnpan5•'s
.construction, reconstruction, operation, repair, maintenance and
location of Electric Facilities shall be subject to other reasonable
regulations of the City.
12.203(2}~ -.Fuld Locations. The Company shall Provide field iocati-a7s for any
of its undergrouf~ Electric Facilities ~rithin a ramble pex'iai of
- ~ time on request by the City. The period of time xill be o~ide~
reasonable if it oomparts favorably With the average time-required
~~ by the cities in .the same tsounty to locate municipal tmdergr'aumd
facilities for.the-CaapenY•
12.203(3}. Street Openings. ~ Company shall not open or disturb tht paved
_ surface of any Public flay or Public Grour-d for. any purpose crithout
first having obtained permission ,from the City, for which the City
may impose a .:reasonable fee. per~ait ~nditior~ imposed on the
.Company shall not be more btirden_sccae .than those imposed on other
_~~~rt.iiities for similar .facilities or.~rork. The Company may, hoartver,
~~-epee ,a~r,d disturb the paved aur~'nc~ of .any Public iiay or .Public
'Ground Without- permission fram the City arhere an emergency exists
requiring the immediate repair of Electric Facilities. In ouch
event the Company shall notify the City by telephone to the office
designated by the City before opening or disturbing a paved sur-
face of a Public Way or Public Ground. Not later than the second
Working day thereafter, the Company shall obtain any re4uiT'ed Pe1'-
mits and pay any required fees.
~~~7
- X2.203{~) =P~or-ztfon. After undertaking any work requiring the opening of
-- ~ ~2rry..Public stay or ~'ublic Ground, the Company shall restore the sazoe®
. ~.:..: including paving and its foundation, _to as .good eondltion as for- -
. ~ merly existed , -and -shall maintain the - saw in good oondi ti on for, t~ao
.years ~there.ai'ter: - .The cork shall be t~pleted ns promptly ns
weather permits,-and ff-the~Company shall not pranptly perform. and
ctxnplete the work;°`remove all dirt, rubbish, equi~ent and materials
_ and put the Public Way or Public Ground in the said condition, the
-_ ~ City .shall have, after demand to the Company to cure and the passage
- of_a reasonable period oT time following the demand. but not to
exceed five days, the right to make the restoration at theaexpense
of the Company . ~ ;The Company shall pay to 'the City the cos ~ of ~..sueh
~rork done far or~performed by the City, including its administrative
expense and overhead, plus ten percent additional 2s liquidated.
da:.ages. This remedy shall be in addition to any other r~redy
available to the City.
12.2G3(5) Sha.^ed Use of Poles. The Company shall make space available on its
Po es or towers or City fire, water utility, police or other City
facilities whenever such use will nc~ interfere with the use of such
poles or towers by the Canpany, by another electric utility, by a
telephone utility, or by any cable television company or other form
. of eoQIInunication company. In addition, the City shall pay for any
added cost incurred by the Company because of such use by City.
SECTlO;s 4: RFI..OCATIONS
12.20(1) Relocation o'" Electric Facilities in Public Wavy. Except as pro-
vided in Section '12.20 3 if the City determines to vacate for a
City improvement project, or to grade, regrade, or change the line
of any Public k'ay, or construct or reconstruct any City Utility
_.__ System in any Public Way, it may order the Company to relocate its
Electric Facilities located therein. The Company shall relocate its
Electric Facilities at its own expense. The City shall give the -
Company reasonable notice of plans to ~vaeate far a City improvement
~~ ~ - pra~e~et, flr to ..grade, ~ regrade, or change the line of any Public Way
- or .t4 construct- r reconstruct any City .Utility System. If a relo-
~cation~is ordererWithin five years of a prior relocation of the
.'same £lectrioal facilities, which was made at Camp3ny expense-. ~t~
City shall reimburse Company for nex~-betterment es~persses o7 a tia~
and material #ia~sis, .provided that if _a subsequent relocation is
required because of the extension of n Gity Utility System to.a pre-
viously unseryed area, Company may be required to make the subsequent
relocation at its expense. Nothing in this Grdinarnee requires
Company to relocate, remove, replace or reconnect .at its own expense
fats facilities where such relocation, removal, replacement or recon-
struction is.~olely for the convenience of the City .and is not
reasonably necessary for the construction or reeonstruction'of a
Public Way or-City Utility Systen or other City Improvement.
_ --72.2~t(2) Pelocation af~~E3.ectric Facilities in Public Gr~And: -£~ccept ms tray
_ be provided n Section 12. 3 ,City shay require the Canpe~nY '~
relocate or remove its Electric Facilities from Public Ground upon a
.Binding by City that the Electric Facilities have become or xill
_become a substantial impairment of the public use to which the
Public Ground .is-or will be put. The relocation or z~oval shall be
at the Company's. expense. The provisions of "l2.20~(2) apply ~-Y ~
£le~etric Facilities constructed in reliance on a franchise and the
Company does not mraive its rights under an eas~nent or prescriptive
right. 60$
12.204(3) Projects with State or federal ~'undin Relocation,-resaoval, •ar
rearr'2nRement. of any Gampany facilities .made necessary Decatzse ,of
. the extension into or through City of afederally-aided hightiray pro-
ject shall be governed by the provisions of Minnesota Statutes;
Section 161.6 as supplemented or amended. It is~undtrstood that--
the right herein granted to Canpany.is a valuable-right: City shall
not order Ccmpany to remove, or relocate its facilities when a
Public Way is_vacated, improved or realigned because of .a reneNal of
a redevelopment plan which is financially subsidized in whole or in
part by the Federal Goverrn~ent or any agency thereof, unless .the
reasonable non-betterment costs of such relocation and the 'loss and
expense resulting therefrom are first paid to Company, but the City
need not pay those portions of such for which reimburse~t to it is
not available.
12.204(4) Liability. Nothing in the Ordinance relieves any person Fran
liability arising out of the failu.^e to exercise reasonable care to
avoid damaging Electric Facilities while performing any activity.
SECTION 5: TREE TRIM~TNG
12.205 The Canpany may trim all trees and shrubs in the Public k'ays and
Public Grounds of City interfering with the proper construction,
operation, repair and maintenance o: any Electric Facilities
installed hereunder, provided that the Company shall save the City
harmless frar.• any liability arising therefran, and subject to permit
or other reasonable regulation by the City.
SECTION 6: INDt"t~4dIFICATION
12.206(1) The Company shall indemnify, keep and hold the City free and
harmless from any and all liability on account of injury to persons
or damage to proRerty occasioned by the construction, maintenance,
repair, inspection, the issuance of permits, or the operation of the
Electric Facilities located in the City. The City shall rbt be
- indemnified for losses or claims occasioned through its cam raegli-
hence except for losses or ,claims arising out of or alleging .the
City's negligence as to the issuance of permits for, or inspection
or, the Company's plan-s or Work® The City std aaot ~s inde~~fi~sd
if -the .injury or damage results from the performance in a proper
-manner of acts reasonably deemed hazardous by Compnny,-and such per-
farmance f s -nevertheless aniered or directed by City after notice of
Company's determination. -
12.206(2) In the event a suit is ..brought against the City under cir~tances
. -where this agreement to indemnify applies, the Company at its sole
cost $nd expense shall defend the City in such suit if ~rritten
notice thereof is promptly given to the Caapany tirithin a period
wherein the Company is not prejudiced by lack of such notice. ~-If
- the Company is .required to indemnify and defend, -it gill thet^eafter
- ..have +eontrol of ~-such litigation, lout the Company may not -settle~~uch
litigation Without the consent of the City, ~hieh consent shall not
be unreasonably Withheld. This section is not, as to third parties,
a waiver of any defense or',fmmunity other~aise available to the City,
and the Gampany, in tlefendir~ any action on behalf of the City shall
be entitled to assert in arty action every defense or immunity that
the City could assert in its own tehalf.
SECTIGiJ 7: VACATIO?~' Q~ PLn3LIC WAYS
12.207 The City shall give the C.ampany at least tcro weeks' prior written
notice of a proposed vacation of a Public Way. Except where
required for a City street or other improvement pra~ect, the vacation
of any Public ~.'ay, after the installation of Electric Facilities,
shall not operate to deprive Company of its rights to operate and
maintain such Electrical Facilities, until the reasonable cast of
relocating the ware and the loss and expense resulting from such
relocation are first paid to Company. In no ease, haaever, shall
City be liable .to the Company for failure to specifically preserve
aright-of-Way, under Minnesota Statutes, Section 160.29•
SiCTIOfi 8: CHANGE IN FORM OF GOVE7~NT
72.208 Any change in the form of government of the City shall not affect
the validity of this Ordinance. Any governmental unit succeeding
the City shall, Without the consent of the Company, succeed to all
of the rights and obligations of the City provided in this
Ordinance.
SECTION 9: FRANCHISE FEE
12.209(7) Separate Ordinance. During the terra of the franchise hereby
granted, and in lieu of any permit or other fees being imposed on
the Company, the City may impose on the C®pany a franchise fee of
not more than five'pereent of the Company's gross revenues as
hereinafter defined. -The franctiige.-.,~~.~all be imposed by a
- separate ordinance duly-adopted--by the City Council, which ordinance
shall not be adopted until at least b0 days after written notice
enclosing such-proposed-ordinance has been served upon the Company
by certified mail. The fee shall not became effective until at
least 60 days after written notice enclosing such adopted ordinance
has been served upon the Company by certified mail.
72.209(2) Terms Defined. The term "gross revenues" means all sums, excluding
any surcharge or similar .addition to the Company's -charges to +eusto-~
mers for .the purpose of reimbursing the Company for the cyst
resulting fr~oca the franchise fee, received by the Co®pany from the
sale of electricity to its retail customers within the oarporate
limits of the City.
12.209(3) Collection of the Fee. The franchise fee shall be payable not less
often than quarterly, and shall be based on the gr,ess revenues of
the Company during complete billing months during the periot! for
_ Which payment is to be made. The percent fee may be changed by
ordinance froao time to time; however, each change_ shall meet the
same notice requirements and the percentage may not be changed.mor~
often than annually. Such fee shall not exee~cd any amount-which the
Company may legally .charge to its austo~mera prior to -payment to the
City by .imposing ~. aur-charge equivalent to au~ch fee ~.n its rate for
electric service: The C~ampanY ~Y ~Y the City the fee _based upon,
'the surcharge billed subject to subsequent reductions to accamt for
uncollectibles or customer refunds. The time and manner of
collecting the franchise fee is sub~e~ct to the approval of the
Public Utilities C®ission, which the Company agrees to use best
efforts to obtain. The Company agrees to make its gross revenues
records available for inspection by the City at reasonable times.
6~1~
12.2090) Conditions ~an the Fee. The separate ordinance imposing the. ~'ee . -
shall not . be effective against .the Canpany unless it lacrfully: imp~~
-.and the City quarterly or more Often collects a fee or.tax=of -°::.
the same or'greater percentage an the receipts from sales of-erergy
Within the City by any other energy supplier, provided that~~$s to
such a supplier, the City has the authority to require $ franchise
fee or to impose .a tax. The franchise fee ar tax shall be .applicable
to energy sales for any energy use .related to heating, cooling, or
-lighting,--ass well as to the supply•of energy needed to run machinery
and appliances on premises located Within or adjacent to the~Cfty,
but shall not apply to energy sales for the purpose of providing
..fuel for vehicles. -
SECTION 10: S~YERABILITY
If any portion of this franchise is found to be invalid for any
reason whatsoever, the validity of the remainder shall not be affected.
SECTION 11: At~~h'~NT
12.211 _ This Ordinance maybe amended at arty time try the City passing asub-
3equent ardina.nee declaring the provisions of the amendment, ~thich
amendatory ordinance shall become effective upon the filing of the
Company's written consent thereto With the City Clerk Within 30 days
after the effective date of the amendatory ordinance.
SECTION 12: PREVIOUS FRANCHISES SUPEKSIDED
12.212 This franchise supersedes any previous electric franchise granted to
-the Company or its predeeesaor.
SECTION 13 CHARTER REQUIREt~.NTS
12.213(1) Except for matters currently sub3ect to the regulation of the
~iinnesata Public Utilities Commission as referred to in $12.202(3),
the Company shall be aub~ect to and twill perform on its part = _
x.11 the terms of Sections Sit to 102, .inclusive, of the Charter of -
the City and the provisions of.thia Section 13.
12.213(2) That_ the C®pany aha11 not issue any capital. atoek on act~azt of the
- franchise or the value thereof, and that the Campewy shallhave ono -
right to receive, upon oandemnation proceedings bro+.tght by the City
to.$equire the public utility exercising such franchise, any rettmn
on account of the franchise or its value. -~
12.213(3) That no.-aal.e or lease of said franchise shall be active ~til #,he
$ssignee or lessee shall have (fled in the afficx of the City Clerk
an instruaent, duly executed, reciting the fact of ~anaeh Bale or - .
lease, accepting the terms'af the franchise, and agreeing to perform
all -'the conditions rtquired of the -Company thereunder.=. ~ .-
12.213(ti) That every grant in cai.d franchise oantained of permission for the
erection of pales, masts, or other fixtures in the streets and for-
the attachment of wires thereto, or for the laying of tracks in, or
of pipes or conduits, under places of any permanent or semi- -
permanent fixtures whatsoever. shall be subiect to the caondition
~ X11
-- that the eouncil:~ha11 -have the power to require such alterations
= - therein,~or relocation or rerouting thereof, as the oouncil_~ay at
--any time deers necessary for health, or convenience of the .public,
and particularly that it shall have the paver to require the removal
of poles, masts, and other fixtures bearing sires and the placing
underground of poles, masts, and of other fixtures bearing wires and
the placing underground of all wires for arhatsoever purpose used.
12.213(5) This franchise aiad every extension of renewal-#,hereaf must be~ : `. :- -
.accepted in i~rriti~ng by the Company ~tf thin `3o days, ai'ter its passage
by the Council and before its submission to a vote of the people 3n
case of a referendu®. This franchise shall not be .binding upon the
City until its acceptance by the Company. Such acceptance shall be
construed to be an acceptance of and consent to alI the terms, con-
ditions, and limitations contained in this ordinance granting the
franchise as well ns of the provisions of the Charter of the City of
Columbia Heights.
~~~ 2
CITY COUNCIL LETTER
MEETING OF: DECEMBER 10 2007
AGENDA SECTION: ITEMS FOR CONSIDERATION ORIGINATING DEPT: CITY MANAGER
NO: FINANCE APPROVAL
ITEM: BEING A RESOLUTION ADOPTING A BY: WILLIAM ELRITE BY:
BUDGET FOR THE YEAR 2008, SETTING THE CITY
GENERAL LEVY AND BOND LEVY DATE: DECEMBER 5, 2007
NO:
On December 3, 2007 the City Council held a Truth in Taxation budget hearing. At the hearing staff provided a
presentation regarding the proposed budget and the effect it would have on various departments and City
property taxes. The attached resolution is a result of the information provided in the City Manager's proposed
budget as discussed with the City Council at various work sessions and as presented at the Truth in Taxation
hearing. Also attached is a list of proposed changes to the budget. Several of these changes are minor cleanup
items due to typos or other errors in the original. proposed budget, and/or as a result of changes due to more
detailed information being available at this time. The attached resolution also includes a paragraph indicating
that it is the City's intent to levy $128,475 for the principal and interest that is due on the street infrastructure
bonds that were sold this year.
The attached resolution includes a reduction of $6,400 for not buying new chairs for the Council Chambers. It
includes an add of $19,190 for apart-time Library clerk and apart-time Library supervisor, an add of
$27,000,000 for the potential construction of a Community Center/Public Safety Building, and an add of $8,000
to improve the quality of the City newsletter by adding more color and professional editing. The resolution also
includes several cleanup items that were either missed in the original proposed budget or where adequate
information was not available at the time of the proposed budget. In the Liquor Operation these items include
adding back fringe benefits that had been missed in the original budget and deleting the police officer stationed
at the University Avenue store for two hours each night. The Police Chief feels that with the addition. of the
video security and the reduced business at this store that it is no longer necessary to have an officer on site. In
the Police Department $10,000 was added for overtime for the Sheffield patrol. Also, for 2008 the Emergency
Management Department was restructured and reduced to not include clerical and other expense allocations
from the Police Department. However, this change did not get fully carried through by adding these items back
to the Police Department budget. This amounts to an additional correction to the Police Department Personnel
section of $19,081. In the Cable, Refuse and Recycling funds the budget did not include the allocation of the
Special Projects Coordinator position. This amounted to $8,849 in Cable and $37 in Refuse and Recycling.
The fmal cleanup item was to include revenue and expense in the Debt Service portion of the budget for the
Infrastructure bonds and the Lease Revenue bonds that were sold during 2007.
RECOIvIlVIENDED MOTION: Move to waive the reading of Resolution 2007-253 there being ample copies
available to the public.
RECOMMENDED MOTION: Move to adopt Resolution 2007-253 being a resolution adopting a budget for
2008 and setting the City General Levy at $6,916,895 and the Bond Levy at $128,475.
WEsms 0712051COUNCIL
Attachments:
COUNCIL ACTION:
135
RESOLUTION 2007-253
RESOLUTION ADOPTING A BUDGET FOR THE YEAR 2008, SETTING THE CITY LEVY, AND
APPROVING THE HRA LEVY.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS,
MINNESOTA: that the following is hereby adopted by the City of Columbia Heights.
Section A. The budget for the City of Columbia Heights for the year 2008 is hereby approved and adopted with
appropriations for each of the funds listed below.
Expense
General Fund 9,239,638
Community Development Fund 597,133
Economic Development Fund 274,863
State Aid 148,949
Cable Television 132,182
Library 738,346
DARE Project 5,375
Infrastructure 113,792
Capital Improvement 27,345,000
Capital Equipment Replacement Funds 461,815
Construction Funds 1,054,300
Central Garage Fund 579,273
Liquor Operating 7,930,664
Liquor Capital/Non-Operating 319,042
Water Utility Fund 2,209,771
Sewer Utility Fund 1,660,244
Refuse Fund 1,399,373
Storm Sewer Fund 387,556
Data Processing 268,532
Debt Service Fund 2,859,426
Total Expense Including Interfund Transfers 57,725,274
Section B. The estimated gross revenue to fund the expense budget of the City of Columbia Heights for all funds,
including general ad valorem tax levies and use of fund balances, as hereinafter set forth for the year 2008:
Revenue
General Fund 9,239,638
Community Development Fund 597,133
Economic Development Fund 274,863
State Aid 148,949
Cable Television 132,182
Library 738,346
DARE Project 5,375
Infrastructure 113,792
Capital Improvements 27,345,000
Capital Equipment Replacement Funds 461,815
Construction Funds 1,054,300
Central Garage Fund 579,273
Liquor Operating 7,930,664
Liquor Capital/Non-Operating 319,042
Water Utility Fund 2,209,771
Sewer Utility Fund 1,660,244
Refuse Fund 1,399,373
Storm Sewer Fund 387,556
Data Processing 268,532
Debt Service Fund 2,859,426
Total Revenue Including Interfund Transfers 57,725,274
RESOLUTION 2007-253
RESOLUTION ADOPTING A BUDGET FOR THE YEAR 2008, SETTING THE CITY LEVY, AND
APPROVING THE HRA LEVY.
Section C. The following sums of money are levied for the current year, collectable in 2008, upon the taxable
property in said City of Columbia Heights, for the following purposes:
Estimated General Fund Levy 6,305,764
Estimated Library Levy 532,509
Estimated EDA Fund Levy 78,622
Total 6,916,895
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, COUNTY OF
ANOKA, MINNESOTA: That the county auditor is authorized to fix a property tax rate for taxes payable in the
year 2008 that is higher than the tax rate calculated for the city for taxes levied in 2006, collectable in 2007.
BE IT FURTHER RESOLVED :That the City has adequate fund balances and reserves to pay 2008 Bond
principal and interest payments on General Obligation Bond Series 2003A and General Obligation Bond Series
2006A and that the county auditor is authorized to cancel these Bond Levies for taxes payable in 2008.
BE IT FURTHER RESOLVED: That the City shall levy a General Obligation Bond Series 2007A in the amount
of $128,475.17 and that the county auditor is authorized to collect these Bond Levies for taxes payable in 2008.
The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka
County, Minnesota.
Approved this ------------------- day of -----------------
Offered By:
Seconded By:
Roll Call: Ayes:
Nays:
Mayor Gary Peterson
Patricia Muscovitz, CMC
City Clerk
137
City of Columbia Heights
Budget Cuts and Add Backs
Prepared 11 /08/07
Summary of add backs
New Items
Ma or/Council
Deduction from supplies for 12 new chairs for Council dais (6,400)
Librar
Addition of Library Clerk - $11,839
Addition of Libra Su ervisor - $7,351
Total Librar Chan es 19,190
Recreation
Increased newsletter costs to cover more color and include the services of
apart-time editor. $18,000 was proposed in the Special Events budget.
The total ro'ected cost of the newsletter is $26,000. 8,000
Bond Revenue
Communit Center Ca ital Buildin
Addition for Public Safet Communit Center 27,000,000
Cleanup Items
Li uor
Store #1 -fringe benefits were not included in the original budget 63,141
Store #3 -Eliminate night police officer at the store (recommended by the
Police Chief 34,260
Total Li uor Chan es 28,881
Police
Some items were missed or not included in the proposed budget:
Additional overtime for Sheffield patrol 10,000
Sala and frin a benefits that were understated in the ro osed bud et 19,081
Total Police Chan es 29,081
Cable
Special Projects Coordinator position was included in budget
but was not allocated to cable - $8,849 8,849
Refuse & Rec clin
Correction for the difference between the proposed adopted total
and the budgeted transfer out labor amount 37
138
City of Columbia Heights
Budget Cuts and Add Backs
Prepared 11 /08/07
Summary of add backs
Bonds and Transfers
New Infrastructure bonds for City share of street improvements
Revenue: A Bond of levy $122,357 is needed to cover the bond
a ment in 2008 of $36,773 and Februar 2009 of $85,584 122,357
Ex ense: To bud et for 2008 bond ex ense of $36,773 36,773
New liquor store bonds
Liquor store lease payment to the EDA ($17,236). The liquor proposed
operating budget for store 1 & 2 has $227,500 budgeted for lease
bond payments. The actual expense will be $210,264. This reduces (17,236)
the bud eted amount and sets it u in the non-o eratin de t.
EDA Lease Revenue Bonds $210,264. This establishes the EDA
budget to pay the liquor bonds from liquor store revenue transferred to
the EDA. 210,264
New TIF bonds for the industrial park development
TIF levy revenue to cover 2008 payment of $158,875 and February 2009 244,169
a ment of $85,294
EDA TIF Bonds $158,875. This establishes the EDA budget to pay
the TIF bonds that were sold to finance the first part of the industrial
ark housin develo ment 158,875
139
CITY COUNCIL LETTER
Meeting of December 10, 2007
AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY
Hearings Fire MANAGER
NO: APPROVAL
ITEM: Adopt Resolution For BY: Gaiy Gorman BY:
Abatement
DATE: November 14, 2007 DATE:
NO: 2007-249
Declaration of a nuisance and abatement of violations within the City of Columbia
Heights is requested regarding property at;
2007-249 - 4231 6`" Street
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 Number 2007-249 there being ample copies available to the
public.
RECOMMENDED MOTION: Move to adopt Resolution Numbers 2007-249 a
resolution of the City Council of the City of Columbia Heights declaring the
properties listed a nuisance and approving the abatement of violations from the
property pursuant to City Code section 8.206.
COUNCIL ACTION:
140
RESOLUTION 2007-249
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 Sharon Bates (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4231 6`" Street N.E.
Columbia Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via certified mail to the owner of record on November 14, 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 September 18, 2007 an inspection was conducted on the property listed above.
Inspectors found five violations. A compliance order was sent via regular mail to the owner
at the address.
2. That on November 14, 2007 inspectors re-inspected the property listed above. Inspectors
noted that five violations remained uncon ected. A compliance order and statement of cause
was mailed via regular mail to the owner listed in the property records.
3. That on November 29, 2007 inspectors reinspected the property and found that five violations
remained uncon-ected.
4. That based upon said records of the Fire Department, the following conditions and violations
of City Codes(s) were found to exist, to wit:
A. Shall repair the damaged overhead door on south side of the garage facing alley
B. Shall repair the damaged/missing the siding on the southeast confer of the garage
C. Shall replace the damaged windows on the south side of the house
D. Shall replace the front storm door that is missing
E. Shall remove alUany outside storage from the property
5. That all parties, including the owner of record and any occupants or tenants, have been given
the appropriate notice of this hearing according to the provisions of the City Code Section
8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 4231 6`" 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 seined notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
141
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant,
or tenant, as the case maybe, have expired, or such rights have been exercised and completed.
ORDER OF COUNCIL
1. The property located at 4231 6`h 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
City Clerk
142
CITY COUNCIL LETTER
Meeting of December 10 2007
AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY
Fire MANAGER
NO: APPROVAL
ITEM: Adopt Resolution For BY: Gary Gornlan BY:
Revocation
DATE: December 3, 2007 DATE:
NO: 07-228 to 07-252
Revocation of the license to operate a rental unit within the City of Columbia Heights is
requested against rental properties at
2007-250 - 4502 Washington Street
2007-251 - 4542 Heights Drive
2007-252 - 3931 Jackson Street
2007-228 - 41.24 5`'' Street
for failure to meet the requirements of the Residential Maintenance Codes.
RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of
Resolution Numbers 2007-250, 2007-251, 2007-252, 2007-228 there being ample copies
available to the public.
RECOMMENDED MOTION: Move to adopt Resolution Numbers 2007-250, 2007-251,
2007-252, 2007-228 being a Resolution of the City Council of the City of Columbia Heights
approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of
the rental licenses listed.
COUNCIL ACTION:
143
RESOLUTION 2007-250
Resolution of the City Council for the City of Columbia Heights approving revocation
pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential
rental license held by L&P Asset Holdings, LLC (Hereuiafter "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 SA, Article IV, Section SA.408(B}, written. notice
setting forth the causes and reasons for the proposed Council action contained herein was
given to the License Holder on November 13, 2007 of an public hearing to be held on
December 10, 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 11, 2007, inspectors for the City of Columbia Heights, inspected the
property described above and noted three 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 13, 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.
3. That on November 28, 2007 inspectors for the City of Columbia Heights performed a
reinspection and noted that three violations remained uncorrected.
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 alUany outside storage from the property
b. Shall remove all scrub growth next to the garage
c. Shall scrape and paint garage where it is peeling
5. That all parties, including the License Holder and any occupants or tenants, have been
given the appropriate notice of this hearing according to the provisions of the City
Code, Chapter SA, Article III SA.306 and SA.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by
license number F8688 is hereby revoked.
2. The City will post for the purpose ofpreventing occupancy a copy of this order on the
buildings covered by the license held by License Holder.
144
3. All tenants shall remove themselves from the premises withui 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
City Clerk
145
RESOLUTION 2007-251.
Resolution of the City Council for the City of Columbia Heights approving revocation
pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) ofthat certain residential.
rental license held by Gina Kilgore (Hereinafter "License Holder").
Whereas, license holder is the legal owner ofthe real property located at 4542 Heights Drive
N.E., Columbia Heights, Minnesota,
Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice
setting forth the causes and reasons for the proposed Council action contained herein was
given to the License Holder on November 15, 2007 of an public hearing to be held on
December 10, 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 8, 2007, inspectors for the City of Columbia Heights, inspected the
property described above and noted two 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 15, 2007, inspectors for the City of Columbia Heights, perfoi•~ned
a fmal inspection at the property and noted two violations remained uncorrected. A
statement of cause was mailed via regular snail to the owner at the address listed on
the rental housing license application.
3. That on November 30, 2007 inspectors for the City of Columbia Heights performed a
reinspection and noted that two violations remained uncorrected.
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 alUany outside storage from the property
b. Shall remove the junk vehicle from the property
5. That all parties, including the License Holder and any occupants or tenants, have been
given the appropriate notice of this hearing according to the provisions of the City
Code, Chapter SA, Article III SA.306 and SA.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by
license number F8564B 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.
146
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
City Clerk
147
RESOLUTION 2007-252
Resolution of the City Council for the City of Columbia Heights approving revocation
pursuant to City Code, Chapter SA, Article IV, Section 5A.408(A) of that certain residential
rental license held by Stephen Burson (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 3931 Jackson Street
N.E., Columbia Heights, Minnesota,
Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice
setting forth the causes and reasons for the proposed Council action contained herein was
given to the License Holder on November 15, 2007 of an public hearing to be held on
December 10, 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
followuig:
FINDINGS OF FACT
1. That on October 4, 2007, inspectors for the City of Columbia Heights, inspected the
property described above and noted four violations. A compliance letter listing the
violations was mailed by regular mail to the owner at the address listed on the Rental
Housing License Application.
2. That on November 15, 2007, inspectors for the City of Columbia Heights, performed
a final inspection at the property and noted two violations remained uncorrected. A
statement of cause was mailed via regular mail to the owner at the address listed on
the rental housing license application.
3. That on November 30, 2007 inspectors for the City of Columbia Heights performed a
reinspection and noted that two violations remained uncorrected.
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 alUany outside storage from the property
b. Shall repair the broken fence in the rear of the property
5. That all parties, including the License Holder and any occupants or tenants, have been
given the appropriate notice of this hearing according to the provisions of the City
Code, Chapter SA, Article III SA.306 and SA.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by
license number F8719 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.
148
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
City Clerk
149
RESOLUTION 2007-228
Resolution of the City Council for the City of Columbia Heights approving revocation
pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential
rental license held by Michael Nehmzow (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 4124 5`~' Street N.E.,
Columbia Heights, Mumesota,
Whereas, pursuant to City Code, Chapter SA, Article IV, Section. SA.408(B), written notice
setting forth the causes and reasons for the proposed Council action contained herein was
given to the License Holder on October 18, 2007 of an public hearing to be held on
November 26, 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 September 6, 2007, inspectors for the City of Columbia Heights, inspected
the property described above and noted twenty-three violations. A compliance letter
listing the violations was mailed by regular mail to the owner at the address listed on
the Rental Housing License Application.
2. That on October 18, 2007, inspectors for the City of Columbia Heights, performed a
final inspection at the property and noted twenty-two violations remained
uncorrected. A statement of cause was mailed via regular mail to the owner at the
address listed on the rental housing license application.
3. That on November 14, 2007 inspectors for the City of Columbia Heights performed a
reinspection and noted that twenty-two violations remained uncorrected.
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 repair the sheetrock in the kitchen
b. Shall install a working smoke detector in the basement
c. Shall remove all animal feces in the basement and sanitize area. to make clean
and healthy
d. Shall remove the double keyed deadbolt lock on the back door
e. Shall install a smoke detector on the 1st floor
f. Shall a smoke detector on the 2nd floor
g. Shall repair the front and back stairway railing that is loose
h. Shall repair all damaged screens on the building
i. Shall replace all missing screens on the building
j. Shall repair holes m the sheetrock in the rear bedroom
k. Shall repair or replace or remove the front porch
1. Shall remove the scrub growth all around the property
m. Shall scrape and paint the trim on the house
n. Shall install the railing all the rear deck so the rear deck is in compliance with
150
cui7•ent code
o. Shall repair the siding missing in the rear of the house
p. Shall replace the overhead garage door
q. Shall replace the door on the shed behind the garage
r. Shall repair- the wood trim on the shed and paint
s. Shall fill in the hole in the rear yard on the south side, by the fence
t. Shall repair the wood trim on the shed
u. Shall repair the rotten trim around the upstairs front window
v. Shall remove all/any outside storage from the property
5. That all parties, including the License Holder and any occupants or tenants, have been
given the appropriate notice of this hearing according to the provisions of the City
Code, Chapter SA, Article III SA.306 and SA.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by
license number F8430 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
City Clerk
151
Request to add to the Agenda:
First Reading of Ordinance No. 1534 -rezoning of
properties located at 443 8, 4442, and 4446 Central Avenue
Remove:
Revocation of Licenses
• 2007-251
• 2007-252
• 2007-228
Corrected copy of:
4542 Heights Drive
3931 Jackson Street
4124 5th Street
Resolution 2007-253, adopting a Budget
RESOLUTION 2007-253
RESOLUTION ADOPTING A BUDGET FOR THE YEAR 2008, SETTING THE CITY LEVY, AND
APPROVING THE HRA LEVY.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS,
MINNESOTA: that the following is hereby adopted by the City of Columbia Heights.
Section A. The budget for the City of Columbia Heights for the year 2008 is hereby approved and adopted with
appropriations for each of the funds listed below.
Expense
General Fund 9,220,448
Community Development Fund 597,133
Economic Development Fund 274,863
State Aid 148,949
Cable Television 132,182
Library 738,346
DARE Project 5,375
Infrastructure 113,792
Capital Improvement 27,345,000
Capital Equipment Replacement Funds 461,815
Construction Funds 1,054,300
Central Garage Fund 579,273
Liquor Operating 7,930,664
Liquor Capital/Non-Operating 319,042
Water Utility Fund 2,209,771
Sewer Utility Fund 1,660,244
Refuse Fund 1,399,336
Storm Sewer Fund 387,556
Data Processing 268,532
Debt Service Fund 2,859,426
Total Expense Including Interfund Transfers 57,706,047
Section B. The estimated gross revenue to fund the expense budget of the City of Columbia Heights for all funds,
including general ad valorem tax levies and use of fund balances, as hereinafter set forth for the year 2008:
Revenue
General Fund 9,220,448
Community Development Fund 597,133
Economic Development Fund 274,863
State Aid 148,949
Cable Television 132,182
Library 738,346
DARE Project 5,375
Infrastructure 113,792
Capital Improvements 27, 345, 000
Capital Equipment Replacement Funds 461,815
Construction Funds 1,054,300
Central Garage Fund 579,273
Liquor Operating 7,930,664
042
319
Liquor Capital/Non-Operating ,
209,771
2
Water Utility Fund ,
660,244
1
Sewer Utility Fund ,
1,399,336
Refuse Fund 387,556
Storm Sewer Fund 268,532
Data Processing 2,859,426
Debt Service Fund
Total Revenue Including Interfund Transfers 57,706,047
RESOLUTION 2007-253
RESOLUTION ADOPTING A BUDGET FOR THE YEAR 2008, SETTING THE CITY LEVY, AND
APPROVING THE HRA LEVY.
Section C. The following sums of money are levied for the current year, collectable in 2008, upon the taxable
property in said City of Columbia Heights, for the following purposes:
Estimated General Fund Levy
Estimated Library Levy
Estimated EDA Fund Levy
Total
6,286,574
551,699
78,622
6,916,895
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, COUNTY OF
ANOKA, MINNESOTA: That the county auditor is authorized to fix a property tax rate for taxes payable in the
year 2008 that is higher than the tax rate calculated far the city for taxes levied in 2006, collectable in 2007.
BE IT FURTHER RESOLVED :That the City has adequate fund balances and reserves to pay 2008 Bond
principal and interest payments on General Obligation Bond Series 2003A and General Obligation Bond Series
2006A and that the county auditor is authorized to cancel these Bond Levies for taxes payable in 2008.
BE IT FURTHER RESOLVED: That the City shall levy a General Obligation Bond Series 2007A in the amount
of $128,475.17 and that the county auditor is authorized to collect these Bond Levies for taxes payable in 2008.
The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka
County, Minnesota.
Approved this 10th day of December 2007
Offered By: Williams
Seconded By: Diehm
Roll Call: Ayes: Peterson, Williams, Diehm, Kelzenberg
Nays: Nawrocki
Mayor Gary L. Peterson
Patricia Muscovitz, CMC
City Clerk
COLUMBIA HEIGHTS CITY COUNCIL, LETTER
Meeting of: December 10, 2007
AGENDA SECTION: Items for Consideration ORIGINATING DEPARTMENT: CITY MANAGER'S
NO: Community Development APPROVAL
ITEM: ls` Reading: Ordinance 1534 for the BY: Jeff Sargent, City Planner BY:
Rezoning of Property at 4438, 4442 and 4446 DATE: December 10, 2007
Central Avenue.
BACKGROUND:
At this time, the VFW Post #230 is requesting a rezoning of the properties located at 4438, 4442 and 4446
Central Avenue from. Limited Business District (LB} to General Business District (GB). The VFW Post
#230 is located at 4446 Central Avenue and is currently zoned LB. The Zoning Code does not allow for
the VFW use in the LB zoning district, meaning that the VFW is currently considered legally
nonconforming.
Since the smoking ban throughout Minnesota went into effect on October 1, 2007, the VFW has contacted
the City regarding the possible construction of an outdoor smoking area for its patrons. The legally
nonconforming status of the building does not allow any type of expansion to the building under
Minnesota State Statute 462.357, subd. le. For this reason, the only way in which the VFW could
construct any type of addition to its building wol~id be if the property were rezoned to a classification that
would allow the VFW use.
The proposed rezoning is consistent with the Comprehensive Plan and would. also bring the VFW use into
conformity with the current zoning code.
RECOMMENDATION:
The Planning Commission held a public hearing on December 4, 2007, and recommended approval ofthe
rezoning of the property with a 5-0 vote.
RECOMMENDED MOTIONS:
Move to waive t11e reading of Ordinance No. 1535, being ample copies available to the public.
Move to set the second reading of Ordinance No. 1535 for Monday, .lanuaiy 14, 2008, at approximately
7:00 p.m. in the City Council Chambers.
Attachments: Draft Or•d. 1531, P+Z Re~or•/. A ~~ ~lic~ation matey^ials
COUNCIL ACTION
ORDINANCE 1534
CITY OF COLUMBIA I-IF.IGHTS,1l~IINNESOTA
BEING AN ORDINANCE PERTAINING TO ZONING AND DEVELOPMENT ORDINANCE
NO. 1428, PERTAINING TO THE RE70NING OF A CERTAIN PI2.OPERTIES LOCATED AT
4438, 4442 AND 4446 CENTRAL AVENUE NE
SECTION 1:
WHEREAS, the City of Columbia Heights' Zoning Code encourages the gradual elimination of
nonconformities; and
WHEREAS, the rezoning of the subject parcels will bring an existing use into compliance with the Zoning
Code; and
WHEREAS, the City of Columbia Heights recognizes Central Avenue is a major commercial corridor in the
City and Comprehensive Plan goals focus o-~ Central Avenue redeveIopn~ent; and
WHEREAS, the City of Columbia Heights recognizes that the LB. Limited Business District zoning is
rest-°ictive in the types of commercial uses it allows along Central Avenue; and
WHEREAS, rezoning the subject parcels from LB, Limited Business District to GE3, General Business District
provides a common ground for land use regulation for all businesses clang Central Avenue; and
WHEREAS, the rezoning is consistent with the City Comprehensive Pla-7, as amended by Resolution 2007-
133, and is in the public interest and not solely for the benefit of a single property owner; and
BE IT FURTHER RESOLVED that the Planning Commissio-l has reviewed and recommends approval of
the proposed rezoning from LB, Limited Business District to GB, General Business District.
SECTION 2:
This ordinance shall be in full force and effect from and after 30 days after its passage.
First Keading:
Second Reading:
Date of Passage:
Offered by:
Seconded by:
Roll Call:
Gary Peterson, Mayor
Patricia Muscovitz, City Clerk
CITY OF COLUMBIA HEIGHTS
CASE NUMBER: 2007-1201
DATE: December 4, 2007
PLANNING REPORT
TO: Columbia Heights Planning Commission
APPLICANT: VFW Post #230
LOCATION: 4438, 4442, 4446 Central Avenue
REQUEST: Zoning Amendment for Rezoning of Parcels
PREPARED BY: Jeff Sargent, City Planner
INTRODUCTION
At this time, the VFW Post #230 is requesting a rezoning of the properties located at 4438,
4442 and 4446 Central Avenue from Limited Business District (LB} to General Business
District (GB). The VFW Post #230 is located at 4446 Central Avenue and is currently
zoned LB. The Zoning Code does not allow for the VFW use in the LB zoning district,
meaning that the VFW is currently considered legally nonconforming.
Since the smoking ban throughout Minnesota went into effect on October 1, 2007, the
VFW has contacted the City regarding the possible construction of an outdoor smoking
area for its patrons. The legally nonconforming status of the building does not allow any
type of expansion to the building under Minnesota State Statute 462.357, subd. 1e. For
this reason, the only way in which the VFW could construct any type of addition to its
building would be if the property were rezoned to a classification that would allow the VFW
use.
The property to the south of the VFW is asingle-family house, located at 4442 Central
Avenue. The property to the south of 4442 Central Avenue serves as over-flow parking for
the VFW and is owned by the same. The request to rezone the three parcels to GB would
keep the consistency of zoning classifications between the VFW and its over-flow parking
lot.
Single-family homes are not permitted in the LB District, so the home located at 4442 is
currently considered legally nonconforming for this reason. The GB District also does not
allow for single-family homes. Rezoning the parcel at 4442 Central Avenue from LB to GB
would not change building's classification as a legally nonconforming structure.
City of Columbia Heights Planning Cammission December 4, 2007
VFW Post #230 Case # 2007-1201
COMPREHENSIVE PLAN
The Comprehensive Plan currently guides the property for Commercial Use. Therefore,
the rezoning of the property from LB to GB would be consistent with the intended use of
the property, and thus consistent with the Comprehensive Plan.
ZONING ORDINANCE
The VFW use would be consistent with the types of uses allowed with the proposed zoning
classification of the property as General Business. By rezoning the property, the City
would bring the VFW into conformity with the zoning ordinance, and the VFW would no
longer be considered legally nonconforming. With the rezoning complete, the VFW would
be able to apply for a building permit for the construction of an outdoor smoking area.
FINDINGS OF FACT
Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make
each of the following four findings before approving a zoning amendment:
The amendment is consistent with the Comprehensive Plan.
The Comprehensive Plan currently guides the property for Commercial Use.
Therefore, the rezoning of the property from LB to GB would be consistent with the
intended use of the property, and thus consistent with the Comprehensive Plan.
2. The amendment is in the public interest and is not solely for the benefit of a
single property owner.
Currently, the building located at 4446 Central Avenue is a nonconforming use, as a
VFW is not permitted in the LB District. The proposed rezoning of the property
would bring the VFW into compliance with the Zoning Code. Bringing
nonconforming uses into compliance with the zoning code is beneficial to the City.
3. Where the amendment is to change the zoning classification of a particular
property, the existing use of the property and the zoning classification of
property within the general area of the property in question are compatible with
the proposed zoning classification.
The existing uses of the properties are: the VFW, asingle-family house, and a
parking lot. The VFW use is consistent with the types of uses allowed along Central
Avenue. All the parcels on the east side of Central Avenue are zoned GB as well.
4. Where the amendment is to change the zoning classification of a particular
property, there has been a change in the character or trend of development in
the general area of the property in question, which has taken place since such
property was placed in the current zoning classification.
Page 2
City of Columbia Heights Planning Commission December 4, 2007
VFW Post #230 Case # 2007-1201
The trend of development and redevelopment along Central Avenue has promoted
Central Avenue as the main commercial corridor for Columbia Heights. The LB
zoning classification is restrictive in allowing the types of uses that are compatible
with the remainder of Central Avenue. The GB zoning classification is more
consistent with the types of uses that Central Avenue promotes.
RECOMMENDATION
Motion: That the Planning Commission recommends that the City Council approve the
rezoning of the properties located at 4438 Central Avenue, 4442 Central Avenue and 4446
Central Avenue from Limited Business District (LB) to General Business District (GB).
Attachments
Location Map
Zoning Map
Draft Rezoning Ordinance
Page 3
Legend
R-1 -Single Family Residential District
R-2A -One and Two Family Residential District
R-2B - Built as Duplexes
R-3 -Multiple Family Residential District
R-4 -Multiple Family Residential District
MXD -Mixed Use District
LB -Limited Business District
CBD -Central Business District
GB -General Business District
I -Industrial District
I-2 -Industrial District
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