HomeMy WebLinkAbout04/26/2010 RegularCITY OF COLUMBIA HEIGHTS
590 40th Avenue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763) 706-3692
Visit our website ah www.ci.colubita-hei~3ats.mn.us
Gary L. Peterson
Councilmembers
Robert A. Williams
Bruce Narvrocki
Tammera Diehnr
Brace KeL-enberg
City Manaeer
Walter R. Fehst
The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on
Monday, Apri126, 2010 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia
Heights, MN.
The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or
treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to
allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities.
Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance.
Please call the City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only}
1. CALL TO ORDER/ROLL CALL/INVOCATION
Invocation by 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 may be items brought to the attention of the Council under the Citizen Forum or items
submitted after the agenda preparation deadline.)
~4. PROCLAIVIATIONS. PRESENTATION. RECOGNITION, ANNOI7NCElVIENTS, GUESTS
A. Recognition of years of service by four Library Pages p4
B. Introduction of new employees
Renee Dougherty, Adult Services Librarian
Stacey House, Secretary II -Finance
C. Proclamation -Community Prayer Breakfast p~
D. Proclamation -Arbor day p~
E. Proclamation -Building Safety Month p~
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 April 12, 2010 City Council meeting r,8
MOTION: Move to approve the minutes of the April 12, 2010 City Council meeting. r
B. Demolition Bids for 3853 3rd Street 4110 6th Street and 4303 Reservoir Boulevard. (to be
distributed at the meeting)
MOTION: Move to approve the demolition contract for in the amount of $
for properties located at 3853 3rd Street, 4110 6th Street and 4303 Reservoir Boulevard.
C. Authorize an it~ressed checking; account to track ATM activity. p27
MOTION: Move to waive the reading of Resolution 2010-31, being a resolution authorizing an
imprest checking account for ATM (Automated Teller Machine) activity.
City Council Agenda
Monday, Apri126, 2010
Page 2 of 3
MOTION: Move to adopt Resolution 2010-31, being a Resolution authorizing an imprest
checking account to track ATM (Automated Teller Machine) activity.
D. Approve transfer of funds received for EMS coverage at MYAS basketball tournaments from the
General Fund to the Fire Department 2010 buds p30
MOTION: Move to transfer $1458.01, the amount received for EMS coverage at the Minnesota
Youth Athletic Services basketball tournaments, from the General Fund to the Fire Department
2v 1 v Midget.
E. Approval of the attached list of rental housing applications. pal
MOTION: Move to approve the items listed for rental housing license applications for April 26,
2010 in that they have met the requirements of the Property Maintenance Code.
F. Approve Business License Applications p35
MOTION: Move to approve the items as listed on the business license agenda for April 26, 2010
as presented.
G. Approve payment of the bills p37
MOTION: Move to approve payment of the bills out of the proper funds, as listed in the attached
check register covering Check Number 134377 through 134539 in the amount of $831,274.06.
MOTION: Move to approve the Consent Agenda items.
6. PUBLIC HEARINGS
A. Adopt Resolution 2010-32, 3930 University Avenue N.E. being a declaration ofnuisance and
abatement of violations within the City of Columbia Heights. p45
MOTION: Move to close the public hearing and to waive the reading of Resolution Number
2010-32 there being ample copies available to the public.
MOTION: Move to adopt Resolution Number 2010-32 being a resolution of the City Council of
the City of Columbia i-ieights declaring the property listed a nuisance and approving the
abatement of violations from the property pursuant to City Code section 8.206.
B. Adopt Resolutions 2010-27. 4241-43 2nd Street N.E.. 2010-28. 5037-39 Jackson Street N.E.
2010-29, 4061 Maureen Drive N.E., and 2010-30, 607-09 38th Avenue N.E. being Resolutions
approving rental license revocation for failure to meet the requirements of the Property p48
Maintenance Codes.
MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers
2010-27, 2$, 29, and 30 there being ample copies available to the public.
MOTION: Move to adopt Resolution Numbers 2010-27, 28, 29, and 30 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 licenses listed.
C. Second reading of Ordinance 1580, being an Ordinance relating to the date chance of the State
Primary Election. p57
MOTION: Move to waive the reading of Ordinance No. 1580, there being ample copies
available to the public.
City Council Agenda
Monday, April 26, 2010
Page 3 of 3
MOTION: Move to adopt Ordinance 1580, being an Ordinance amending Ordinance No. 1490
City Code of 2005 relating to the date change of the State Primary Election.
7. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions -none
B. Bid Considerations -none
C. New Business and Reports -none
8. ADMINISTRATIVE REPORTS
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.
Z0. ADJOURNMENT
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W~IERIA~, the Co1cu11bia Heights Public Library exists as an independent library
serving the city of Columbia Pleights and operating under the guidance of the
Columbia Heights City Coutlcil and the Library Board. of Trustees; and,
G~TPIEI~EAS, IVIs. Cermak, Ms. Jesse, Mr. Kleinfehn, and Mr. Qlberding have worked
as Library Pages far r~rirle years each; and,
I IERrA~, tl~e above fo~ri° people have beer~r loyal ei~lployees wl~o have assisted ~vitl~
nurl~erous reading clubs, American Girl parties, performers, collection shifting,
materials collection processing and mending, re-modeling projects, special
everBts, shelf reading, ar~rd automation upgrades; ar~rd,
~xY AjLR L1~47, 111e C1~i/~Ye Vld 1• ~JLIJpl~l~ 11Ck vtr l~J4e11 LespolAJ r~V le el~l~Jlo3'j l~.es Yv~e.v ~iaYe tisei..i
their° talents acrd capabilities in service to the library; ar~rd,
WI-IEREAS, Ms. Cermak, Ms. Jesse, Mr. I~Ieinfehn, and. Mr. Olberding have now set
a rze~v record for tyre longest tir~ze an employee has worked as a Page,
N~3, TI-IERI/I=QRE, BI/ IT P~E~OL~TEI3 that the Colurr-rbia Heights ~.'ity Council
recognizes tl~e con~binecl 36 years of ou~~st~anding, loyal set°vice given by these
four ernployces to the Library.
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Mayor Gar-~~ L.~ Peterson Date
4
COLI1h!IBIA HEIGI-IrfS
~I`Y~I</IUNIT~ I'I~~~~'EI~~ ~I?:rA~I~I~ n c T
CC3LL1MI3I~ IIEIGI~T ~, MINN~SC7TA
~IHERE~S, in I9~~ all event was ir~augur~~ited by leadership groups
ir1 the Unitecl States Senate and the House of Representatives a1~xl,
~~TI-IER1/AS, a voltlntat•y ~;c~rnmittce of citizens 1-~as •jc~ined tc~gethe~- in
celebration of Col~ai~wia I-Ieights to sponsor the Colun~E~ia. He~igl~lts
C'om~n~.~z~ity Prayer B~•e~~xl~fast, a~~cl
''v~1~iE~h.~t~S, it shall be proclaimed "A day o~f Personal Re~iedicatio~~
in Colu~7~bia I-Ieights," calling upon all citizens to join in d~xiet ~-ever-ence and
dedication as stated in the L3eciaration of independence.
"We 11o1d these truths to be self-evident; that ali men are created
eclua.l; they are endotived by their Creator with certain unalienable rights; that
among these are life, liberty a~~d tl~e pursuit of l~al~piness; that tc} secure these
•~taii~C tY(' 'si ~' ~} •(~ ~ rt. t~.s.~ >-e ~na7 pp~7~ Pt
Il~..E.~, ~..t~'Ls F•I!__F~P~tS C.L fnJS.Stt 4t r<v 4d a2[P~J~PT~ ttL~.n.,,
NC3tiV, TI IIR~F(:~I~E, I, Cary L. Peterson, Mayor of Coiuz~~bia
1-leights, clo lle~•eby l~roclain~ W~clr~esclay, 1Vlay 5, ?CI10, as tl~e date oI'the
Col~~r~~bia Pieights C'ol~~munity Prayer Breakfast.
Gary L. Peterson, Ulayor
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PUBLIC WORKS
! CENTRAL GARAGE
! SEWER/WATER
! ENGINEERING
! STREETS
! PARKS
ARBOR DAY -ARBOR MONTH
PROCLAMATION
WHEREAS: In 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that
a special day be set aside for the planting of trees, and
WHEREAS: this holiday, called Arbor Day, was first observed with the planting of more
than a million trees in Nebraska, and
WHEREAS: Arbor Day is now observed throughout the nation and the world, and
AS: trees can reduce the erasion of our precious topsoil by wind and water, cut
heating and cooling costs, moderate the temperature, clean the air, praducelife-
giving ozygen, and provide habitat for wildlife, and
AS: trees are a renewable resource giving us paper, wood far our homes, fuel for our
fires, and beautify our community, and
WHEREAS: trees in our city increase property values, enhance the economic vitality of
business areas, and beautify our community, and
REAS: trees, wherever they are planted, are a source of job and spiritual renewal.
, T , I, Gary Peterson, ayor of the City of Colu bia eights, do hereby
proclaim April s0, 26i0, to be
O DAY
T NT F Y, 2010 T NT
IN THE CITY OF COLUMBIA HEIGHTS, NESOTA
FURTHER: I urge all citizens to plant trees to gladden the hearts and promote the well-
being of present and future generations.
DATED: This 26th day of April, 2010
Mayor Gary Peterson
Proclamation
Building Safety Month -May, 2010
Whereas, our state's continuing efforts to address the critical issues of safety, energy efficiency
and sustainability in the built environment that affect our citizens, both in everyday life and in
times of natural disaster, give us confidence that our structures are safe and sound, and;
Whereas, our confidence is achieved through the devotion of vigilant guardians-building
safety and fire prevention officials, architects, engineers, builders, laborers and others in the
construction industry-who work year-round to ensure the safe construction of buildings, and;
Whereas, these guardians-dedicated members of the International Code Council-develop
and implement the highest-quality codes to protect Americans in the buildings where we live,
learn, work, worship, play, and;
Whereas, the International Codes, the most widely adopted building safety, energy and fire
prevention codes in the nation, are used by most U.S. cities, counties and states; these modern
building codes also include safeguards to protect the public from natural disasters such as
hurricanes, snowstorms, tornadoes, wildland fires and earthquakes, and;
Whereas, Building Safety Month is sponsored. by the International Code Council and
International Code Council Foundation, to remind the public about the critical role of our
communities' largely unknown guardians of public safety-our local code officials-who
assure us of safe, efficient and livable buildings, and;
Whereas, "Building Safety i0~ionth: Comii~eiiiorating a 30-year Legacy of Leadersl-lip," the
theme for Building Safety Month 2010, encourages all Americans to raise awareness of the
importance of building safety; green and sustainable building; pool, spa and hot tub safety; and
new technologies in the construction industry. Building Safety Month 2010, encourages
appropriate steps everyone can take to ensure that the places where we live, learn, wank,
worship and play are safe and sustainable, and recognizes that couniless lives have been saved
due to the implementation of safety codes by local and state agencies, and,
Whereas, each. year, in observance of Building Safety Month, Americans are asked to consider
projects to improve building safety and sustainability at home and in the community, and to
acknowledge the essential service provided to all of us by local. and state building departments
and federal agencies in protecting lives and property.
NOW, THEREFORE, I, Gary Peterson, Mayor of the City of Columbia Heights, do hereby
proclaim the month of May, 2010, as Building Safety Month. Accordingly, I encourage our
citizens to join with their communities in participation in Building Safety Month activities.
May 1-8 ~ Energy & Green Building
May 9-15 (Disaster Safety & Mitigation
May 16-22 (Fire Safety & Awareness
May 23-31 (Backyard Safety
Mayor Gary L. Peterson
OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
APRIL 12, 2010
The following are the minutes for the regular meeting of the City Council held. at 7:00 p.m. on Monday,
April 12, 2010 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN.
CALL TO ORDER/ROLL CALL/INVOCATION
Pastor Ruth Hograbe, Community United Methodist Church, gave the Invocation.
Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember
Diehm, Councilmember Kelzenberg
PLEDGE OF ALLEGIANCE -recited
ADDITIONS/DELETIONS TO MEETING AGENDA
Nawrocki asked the intent of new business and reports item. Peterson stated that, at the discretion of
the City Council's vote, items could. be added. Nawrocki stated that open meetings allow items to be
brought forward even if a decision can not be made, as a matter of record.
Motion by Nawrocki indicating that under Item 7C New Business and Reports, Council members be
allowed to bring up items to place on the agenda, for the minutes of the meeting.
Peterson stated that is the purpose of Item 3 Additions and Deletions.
Peterson. called for a second to the motion. Motion died for Lack of a second.
Nawrocki requested to add his report of the League of Minnesota Cities meeting, the cable franchise
process, request to establish a Silver Lake Park neighborhood hearing regarding the proposed trail,
Board of Review, comments on State Auditor reports, use of petty cash and credit cards, and letter
from Commissioner Kordiak.
POCL ATIONS, P SETTIONS, C G TION, A CE NTS, GUESTS
Dorothy Penate, Sister City Committee, Invited everyone to the Polish/Italian dinner/fundraiser, with
proceeds donated to the Lomianki Poland Children's Hospital, to be held on Sunday, April 18`" at
Murzyn Hall. Penate indicated all of the activities available at the fimdraiser, which is sponsored by
Jeff's Bobby and Steve's Autoworld.
Peterson stated that the l lt" Annual Prayer Breakfast :xrill be held May S`" at Murzyn I-fall.
CONSENT AGENDA
Nawrocki requested to remove consent agenda items C, D, and E.
City Manager Walt Fehst took the Council members through the consent agenda.
A. Approve minutes of the March 22, 2010 City Council meeting_
Motion to approve the minutes of the March 22, 2010 City Council meeting.
B. Accept minutes of the Columbia Heights Boards and Commissions
Motion to accept the minutes of the March 3, 2010 meeting of the Library Board of Trustees.
City Council Minutes
Monday, April 12, 2010
Page 2 of l9
C. Award of 2010-201.1 Tree Removal Contract -removed
D. Adopt Resolution 2010-26, being a Resolution authorizing the City of Columbia Heights to enter
into Agreement No.96460 with MnDOT to act as the City's Agent in accepting Federal funds
under the Federal American Reinvestment and Recovery Act (ARRA). -removed
E. Approval of plans and specifications and ordering advertisement for bids for City Protect No.
081.3, Central Avenue Pipe 13ursting Protect -removed
F. Approval of the attached list of rental housing_applications. They have met the requirements of
the Property Maintenance Code.
Motion to approve the items listed for rental housing license applications for April 12, 2010.
G. Approve Business License Applications
Motion to approve the items as listed on the business license agenda for April 12, 2010 as
presented.
H. Approve payment of the bills
Motion to approve payment of the bills out of the proper funds, as listed. in the attached check
register covering Check Number 134188 through 134376 in the amount of $921,956.14.
Motion by Nawrocki, second by Williams, to approve the Consent Agenda, with the exception of
items C, D, and. E. upon vote: Aii ayes. Motion carried.
C. Award of 2010-2011 Tree Removal Contract
Nawrocki asked how the dollar amount is determined. Kevin Hansen, Public Works Director,
indicated that a quantity is estimated based on past experience; this year it includes Ash Bore. Funds
are budgeted annually for tree management care.
Mahon by Kelzenberg, second by Diehm, to award the 2010-2011 Removal of Trees, Trees and
Stumps or Mumps Only on Public and Private Property contract to i~iick's Tree Service inc. of
Corcoran, MN, based upon their law, qualifted, respansible total bid for tree and stump removal, tree
removal only, or stump removal only; and furthermore, to authorize the Mayor and. City Manager to
enter into a contract for the same. Upon vote: All ayes. otion serried.
D. Adopt Resolution 2010-26, being a Resolution authorizing the City of Columbia Heights to enter
into Agreement No. 96460 with MnDOT to act as the City's Agent in accepting Federal funds under
the Federal American Reinvestment and Recovery Act (ARRA).
Nawrocki requested to see the amount of staff time put in on this project. Hansen stated that staff
hours are funded through the state aid account and the time put in after January is reimbursable.
Nawrocki asked. if the quick take process is complete. Hansen stated no. Nawrocki requested the
bridge bid dollar amounts. Hansen indicated the spread sheet is in the Council mail boxes.
Diehm asked the total cost of the bridge project and how much is covered by grants. Hansen stated
$2.6 million with 85 percent covered by grants. Diehm stated. that this is an amazing project, which
the Council encouraged. staff to look at, and they found the funding. She relayed comments heard on
what a great thing it is to see Columbia Heights get this project.
City Council Minutes
Monday, April 12, 2010
Page 3 of 19
Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution No. 2010-26, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
Nawrocki stated the bridge belonged to MnDOT and will continue to belong to MnDOT. The
funding is to be channeled through MnDOT. We should. have left the project to MnDOT. Peterson
stated that he would vote in favor of this and it is an excellent project. Part of the bridge is in Hilltop,
but we have three schools on this road.
Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2010-26, being a Resolution
authorizing the City of Columbia Heights to enter into Agreement No. 96460 authorizing MnDOT to
act as the City's Agent in accepting Federal Economic Stimulus Funds for City Project No. 0906, TH
65 Pedestrian Bridge. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay;
Peterson, aye. 4ayes - 1 nay. Motion carried.
E. Approval of plans and specifications and ordering advertisement for bids for City Project No.
0813, Central Avenue Pipe Bursting_Project
Nawrocki asked which way this water flows. Hansen described the replacement and the pipe sizes to
be used. The recommendation follows a hydraulic study done for this area. Community
Development Director Scott Clark stated that through renegotiations with the developer, we will
save approximately $200,000. Hansen indicated that the work will be done only through man holes.
Motion by Kelzenberg, second by Williams, to approve the Plans and Specifications and order the
Advertisement for Bids for City Project Number 0813, Sanitary Sewer Pipe Bursting Project, from
47th to 51st Avenues. Upon vote: All ayes. Motion earriQd.
PUBLIC HEARINGS
A. Adopt Resolutions 2010-24 and 2010-25, approving a Site Plan fora 200-unit Apartment
Complex and a Minor Subdivision for the property located on the northeast corner of 47th
Avenue and hand Avenue.
Jeff Sargent, City Planner, stated this item was heard at the March 2 Planning and Zoning
meeting. The applicant is requesting a minor subdivision of sub-lot A to combine with ios 1 and
2 to construct a 200 unit apartment complex, and site plan approval. There have been four
previous meetings held to discuss this request. The plan was reworked. after a hearing to include
underground parking. The Grand Central Laft project was approved in August of 2004.
Currently, only 20 of the 66 condo units have been constructed. The person that purchased the
property wishes to add these apartments. They need to meet one of the four zoning issues, and
they meet two of them. They have changed the project to include one underground parking space
for each unit bedroom and. adjusted the structure height. An additional traffic entrance has been
added for traffic concerns. Sargent showed the traffic Clow for this development. This meeting is
to insure that the proposed plan meets our minimum code requirements. We can not make the
determination based on this being rental property. The project will occupy the same footprint as
the previously planned condos and meet the design guidelines by being architecturally
compatible with the current structures. Council was provided with memos from the Police Chief,
Fire Chief, Community Development Director, and the former owner of the project.
Diehm stated that the question is if the site plan meets our zoning code, but the current contract
does not allow apartments on this site. Jim Hoeft, City Attorney, indicated that choice is far the
City Council to decide.
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City Council Minutes
Monday, April 12, 2010
Page 4 of 14
Nawrocki disagreed that this is a minor subdivision. This had implications for residents that
bought into the previous plan. The density exceeds guidelines if you look at only the apartment
area. Sargent stated that the entire eleven acres are controlled by Grand Central Lofts. Nawrocki
indicated that the retaining wall area can not be included as usable property. Clark stated that
mixed used districts recognize that areas may include trees, water, etc. Nawrocki read from a
prepared statement questioning possible problems and suggested staying with single family
homes. He referred to the Sheffield area rental and other communities with rental issues such as
Brooklyn Park. Nawrocki indicated that emails v~°ere received from Shari Paul and Kristin
Erickson, Paul Burnet, and Lloyd Verachik that are residents of the existing project and would be
adversely impacted by this project.
Sargent stated that the lot split request would be a division of Outlot A and would enable the
company to control this area for management purposes. Sargent referred to density, indicating
that if only the footprint area was considered, the condos would also not meet density
requirements, which is why the entire area is inchided. These buildings will be very similar to the
existing building. A variance is not required to build these units. Sargent stated that Clark
Gassers, Jae Urban Company, indicated that any time you have 100 apartment units you need on-
site management and he would have no issue that this be included in the agreement.
.lack Boarman, BKV Group, stated that this project is in line with city's development for the site
and has evolved over the Iast six months of meetings. The units have been reduced by 20 percent
and parking has been moved to underground. This represents a high quality project that will be
well received in This area. Sam, .loe Urban Company, stated that the success is not only based on
good design, but a good position within the market area to be served, This will benefit Columbia
Heights but will serve a much larger area. Sam distributed a map indicating the number of jobs
within three and five miles of the project. Diehm indicated that this was the same map used in
2004 when we were told the condos would sell. Boarman stated that this type of rental project is
attractive to young professionals moving in from other parts of the country, resulting in a new
wave of residents. Bcing located orc the ;74 corridor with Convei"iicnt transportation options to
downtawn and the northern suburbs makes this an attractive location. This will be a lush green
site with three essentially identical buildings. Gccupancy, scale, and density will be similar.
Fehst referred to touring other projects by this developer. He asked. if the other areas had mixed
occupancy. Boarman stated that they are mostly ail rental units, with one adjacent to a condo
project.
Peterson opened the public hearing.
Karen Karkula, 4858 Grandview Court, indicated that ownership is preferred, as they have a
commitment to the development; apartments owners are absent. Columbia Heights is already 28
percent rental and is over the 23 percent metro average. She stated that her choice would be to
give the old plan a chance. Columbia Heights has a 7.3 percent vacancy rate in rentals. Current
owners were sold on the development as a condo/townhome area. We were betrayed. Fehst
questioned if the community center raises an issue. Karkula referred to their association fee that
contributes to the "club house" and that is a concern.
Gerry Herringer, 1731 Innsbruck Parkway, stated appreciation that the developer changed to
underground parking with the requirement to rent a parking spot when renting an apartment, and
that there would be no subsidization at any time. He did not understand the economic model
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City Council Minutes
Monday, April 12, 2010
Page 5 of 19
where you could rent a smaller space for the same money as is available in St. Anthony. The
original Nedegaard plan was approved because of the owner occupied requirement. Herringer
questioned the amount of marketing put into this area. Patience is not only desirable, but
essential. The rental option on this property should be a last resort. The Nedegaard. plan was an
agreement with the neighborhood. Don't rush. the judgment on this.
Jerry Nordstrum, 4843 Grand Avenue NE, stated he just moved in a month ago. No one told him
that apartments would be considered. rIe referred to the Ci~y goals and indicated the desire for
home ownership. People will be concerned about moving into a condo area that now has
apartments. This project is only four years old. Fehst asked if the condo prices had dropped.
Nordstrum indicated they had by a small amount. He questioned what would happen if the
apartments do not rent. They will not be operated by an association. Is this about additional
property tax revenue? This project will decrease property values. He referred to the Police
Chief's memo and stated that staff indicates this meets specific minimum requirements. Is that
what you want? Fehst referred to our responsibility to improve our housing stock. He referred to
the past high hopes for the Sheffield area. We are being told that there is a five to ten year aver
sale of condos. This is a $20 million development. We are buying up obsolete buildings to
improve the community. Fehst questioned his feeling if this was not developed for ten years.
Nordstrum indicated the hope that the next year would be better. Nawrocki stated that in bringing
this forward, staff should have provided the cons, and not only the pros. Peterson stated that staff
is doing what they are asked to do and do an excellent job.
Sheila Samuels, i 0 i0 Grandview Court, stated she moved in a month and one-half aga and this
move was a big decision. Then to hear of the proposed apartment building, did not sit well.
Being in real estate, she stated the feeling that the developer sold the current owners a vision and
it is not fair to take that away. What matters is that the people this affects do not want this. There
is a deeper commitment by owners. There are currently one bedroom units along Central Avenue
that are not renting. She questioned the ability to rent high-end apartments on Central Avenue.
She indicated sales options for t.~ie condos and referred to possible te.tant issues. People would
not have purchased the condos if they would have known they would be surrounded by rental
units. There are other possibilities far the area; other amenities that could be added to the
clubhouse. She suggested three bedroom condos and. the completion of landscaping in the area to
attract more buyers. The condos should be given more of a chance.
Paul Bearnet, Grand Central condos, stated that they were told when the third condo building
was complete there would be an onsite management company. He asked how more rental units
are going to accomplish the goal of cleaning up the Sheffield area.
Lloyd Graczyk, 1012 42'/2 Avenue, referred to problems in the Circle Terrace and Sheffield
areas. We don't need more police calls. The developers build them and run. We don't need more
apartments.
Michelle Farreira, 4422 Central Avenue, stated she owns this rental property and questioned the
size of the proposed units and if there would be tax breaks for the developer. Boarman stated the
studios are 630 sq. ft. and the two bedrooms are up to 1,200 sq. ft. Peterson stated there would be
no tax breakse Farreira asked why the commercial area has not been developed. Fehst described
the attempts at development and the parking ramp grant that was lost as a result. Farreira
questioned if our services and schools could handle the increased density.
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City Council Minutes
Monday, April 12, 2010
Page 6 of 19
Lee Stauch, 1155 Khyber Lane, questioned the funding source. Boarman indicated there would
be private financing. Clark stated that this would be a HUD insured project. It is a market driven
project with no qualifications for income. Fehst stated that council requested a marketing study.
If this is approved they would have to obtain such a study. Fehst stated that the Council toured
their other developments and this is a group of very high quality developers. Stauch stated this
does not take into consideration visitor parking. $900 to $1,400 rent prices can not work in
Columbia Heights. The landscaping has not been finished. Peterson referred to the history of the
project and stated treat nc one wants this finished more than the Council. Mr. David Klocber
bought into this and would like to turn the project back to 2005. We all want to see it developed
and beautiful. To complete the project they are looking at options and need a few more units. He
did enter this intending to complete the condos. Clark stated the EDA has a two part schedule for
this project; completing phase 1 this year and landscaping by the Spring of 201 l .
Tom Tremmel, 1131 Khyber Lane, stated that the noise volume from the area is magnified and
this would only increase. Current condo residents park on the streets and parking would be an
issue. He questioned the where the jobs are that are said to be available.
Deb Johnson, 4526 Pierce Street, stated she has come to these meetings for many years, and is
actually here tonight on her 30`x' anniversary. Items fall under "pass the buck" from the Planning
and Zaning Commission to the EDA as they "meet guidelines". There needs to be a human
component considered. The property owner has only appeared once and that was to get money
for some project. He is as an absentee landlord. Johnson suggested a senior coop there.
Roseanne Rivers, 4224 Jefferson; stated t_h_at when you move into an area, you Bever know what
you get. When you hope to move toward a younger population, such as northeast, it is important
that people take pride in their community rather than complain. Unfortunately, there was more of
a sense of community when they rented. She stated that you can not even get neighbors to
answer their door. She would tike to contribute to the community. People must have places to
shop and go. We need parks, positive things, and positive r:eighbors.
Donna Schmitt. 4260 Tyler Street NE, stated that she agrees with Mr. Herringer. This Council
was all part of the initial development and against any type of rentals. Everyone that spoke does
not want this. Building apartments on statistics that are four or five years old is not goad. The
condos and townhomes were very nice, but to put in rental will hurt those sales.
Thomas Mikulak, 1.334 42 '/2 Avenue, asked if there has been a traffic study to see if this
development and Central Avenue can handle this. Peterson stated that the traffic flow with this
plan would be less than the previous condo plan. Mikulak stated that this Council and Mayor set
a limit on rentals in the eotnmunity. Peterson stated that Columbia Heights has a bad taste for
rentals, mainly because of side-by-side bungalows. This could turn that around. Mikulak
questioned what would happen to these units if the project fails? Peterson stated that renting is
not a bad thing and believes people would prefer to live in quality units such as these. Peterson
indicated that 200 vibrant units would bring in commercial development.
Andy Smoka, 1206 Khyber Lane, indicated that he studied the units in St. Anthony and referred
to unit rental in New Brighton at $500 a month for 14 months, and $750 far a two bedroom
focusing on and coming professionals. He suggested, if necessary, to only build one building and
see what happens. Fehst stated that the project would be phased.. Smoka reminded Council that
the condos did not fill. He stated that he is tired of being second fiddle to St. Anthony. Why do
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Page 7 of 19
we only get two square box buildings? Where would you choose to live in this type facility, St.
Anthony or Columbia Heights? They have extensive parking. If you want rental, make it an
attractive site. Why can't the developer come up with a better plan? Diehm again asked the unit
size and projected rental fees. Information, not including parking, was given.
Peterson closed the public hearing at 10:00 p.m.
Diehm stated that looking back to what we had on the K-I`~Iart site, it was a big project. ~Je kept
saying "what is the alternative, what if we to do nothing". We made the right decision. She stated
remembering very clearly that there was concern about rental. We made it very clear through our
agreements with the developer that we, as a Council, were concerned about additional rental in
our community. She had struggled at that point because she felt there is nothing inherently bad
about rental; a livable community has alternatives including rental. However, sometimes our
memories are short and we do not want to forget how much of a concern it was that we required
the developer to promise they would be owner occupied. We included those same requirements
on the Ryland project and limited rental to five percent. We recognize that we do not have the
authority to bind future council or homeowner associations. We did everything within our power
to assure that these projects would not have rentals. She stated recognition of the change in the
economy. Ryland indicates that their development here is one of their best developments. Diehm
stated that we can support additional owner occupied housing, with patience and time. We can
not give in to the temptation of what is fastest and has instant gratification. The project looks
beautiful and is well designed and there is not an issue with the developer. The same job
information was presented at the time of the condo project and we were toil ail of the same
things; this would be a successful project; there are jobs in the area, it is close t~ downtown; and
is a perfect spot for condos. We would tike to have projects like we viewed in other areas, but
she is not sure what it would take to get there. If we build great rental units, will the commercial
property come? Condo prices were high and would. stay high to justify the cost, but with best
intentions some things do not happen. What happens if high rents do not work. In 2008 the
vacancy rate to the metro was 4.9 percent and the Columbia Hetghts;l'ridle°y area had a 4.7
percent vacancy rate. In 2009 it was 4.9 percent in the metro and ours went to 9.1 percent. This is
a new 'type of rental and you can not really compare whai you have to what you are getting. The
average metro rent was $90I and Columbia Heights/Fridley was $801. This would be rental rates
from $600 to $1.,500. She stated concern if we would be able to draw people that can pay those
rents. This would add smaller and more expensive units, and that is risky. We are being asked to
abandon what we stood by initially. She asked that council members remember those
conversations and commitments made to the residents of our community to avoid rental in
general.
Williams stated he was against rentals, but when he saw the programs to be offered he changed
his mind. What they propose fits what is there now. We were told that if the condo market comes
back, these units could be converted to condos. We need to attract people and commercial
business to our town. In his research, people look for this type of facility. We are right next to the
freeway, which is a big issue. Williams indicated that the people present tonight are against this,
but he stated that he was elected by the whole city. Most of the city wants something done. He
agreed that the condo seller was not honest with the recent buyers, but he believes this is goad
for the city. Williams stated he would vote for this. He referred to the development at Hart Lake
and having to change course, and we now have a beautiful facility there. One Councilmember
was against the Ryland development, which was a junk commercial area, but look at it now. This
rental will be a positive thing for us. It will also cause current rental to upgrade or not be able to
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Mondays April 12, 2010
Page 8 of 19
rent.
Kelzenberg stated that this meeting has made him do a 180 degree change in his opinion. Even
though this is a $20 million project, Ms. Karkula made sense. We would be going back on our
word. It is tough because the economy has changed. Kelzenberg stated that the owner, Mr.
Kloeber, has only been seen once. He stated that he had to question if people would come with
the price of these rents. Kelzenberg stated that he was impressed with their current facilities, but
nova felt he could net support this project.
Nawrocki asked where the $20 million in funding would come from. Lassen stated that hard and
soft costs would be $100,000 per unit and would be an investment value. Nawrocki stated that
Diehm summed this up eloquently. A lot of time was spent on the original project and not
everyone was happy. It was painful to have the commercial components removed from the
project. If this was approved, it would be a slap in the face to those that bought into the area.
Nawrocki encouraged Council members not to pass this project.
Peterson indicated there were wise dissertations on both sides of this issue. The traffic would be
the same, the parking meets what we require, and this is the same footprint with on-site
management. We do have a bad taste toward. rental in Columbia Heights. Peterson indicated the
desire to have more young people move into Columbia Heights for a more vibrant community,
but it seems that when we try to move forward, it comes back to haunt us. We need still to pay
the bills and a $20 million investment would create taxes. People are moving back to the metro.
`vVe do not want to see the project abalidoiied, tree developer rail walk away. Peterson stated
concern about the rental prices being too high. Our inherent attitude is that Columbia Heights is a
downer. We have to change that attitude. He referred to areas in Northeast and St. Anthony. if
we go ahead in an adversarial condition, they will be hated before they start. It is not the belief
that the developer can not do this, but we have come head to head with the past promise made of
no more rental units. Peterson stated that if he lived in the condos, he would not be affected by
the rentals, This is not a bad project, but may be risky. Peterson. stated that he would vote against
the project because of the promises made in the past. He indicated that the community now needs
to "talk up" the coridos to get tfiet~i sold. We tired to retnembe-r that down the road soiiietl-iing
worse could come in; remember it goes both ways. Peterson asked that people not down play our
community. We are doing everything we can to study this. We need more attitudes like Ms.
Rivers, who spoke tonight. We need to change the attitude of Columbia Heights.
Motion by Williams second by Kelzenberg, to waive the reading of Resolution 201.0-24, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2010-24, approving a Site
Plan far a 200-unit apartment complex located on the northeast corner of 47th Avenue and Grand.
Avenue, subject to the conditions outlined in Resolution No. 2010-24.
Diehm questioned the City Attorney on the consideration of the motion, if there should be a
separate motion to deny or use this motion with some verbal comment for the record for the
reason to deny. Hoeft indicated it would be best to go with the motion on the agenda and state
your reasons. Diehm stated that on her vote of the resolution, she would not be in favor of the
resolution as the site plan does not conform to all applicable requirements of our code. The site
plan is not consistent with all the provisions in our comprehensive plan and the site plan is not
consistent with our applicable area plan. The site plan does not minimize any adverse impacts the
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City Council Minutes
Monday, April 12, 2010
Page 9 of 19
apartments may have on the immediate area. Nawrocki concurred.
Upon vote: Nawrocki, nay; Diehrn, nay; Williams, aye; Kelzenberg, nay; Peterson, nay.
Williams changed his vote to nay. All nays. Motion failed.
Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2010-25, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
Mohan by Williams, second by Kelzenberg, to adopt Resolution No. 2010-25, approving a
Minor Subdivision for the property located on the northeast corner of 47th Avenue and Grand
Avenue, subject to the conditions outlined. in Resolution No. 2010-25.
Diehm questioned the findings for the record. Hoeft indicated that minor subdivision findings
need to be supported or denied. You may choose to grant the subdivision, but we would not be
sure the developer still wants this. You may, because you denied the site plan approval, consider
doing that. Diehm indicated the finding that the Resolution states "All lots to be created by the
proposed subdivision conform to lot area and width requirements..." and the Planning and
Zoning Commission planning report states that "The lot created will not be a buildable
parcel...". Hoeft concurred.
Upon vote: Nawrocki, nay; Diehm, nay; Williams, aye; Kelzenberg, nay; Peterson, nay;
Williams changed his vote to nay. 5 nays. Motion failed.
Peterson pointed out the fac± that the developer did not appear before the Council.
ITEM5 FOR CONSIDERATION
A. Other Ordinances and Resolutions
1. Second Reading of Ordinance 1578, being an Ordinance amending the Refuse and
P..ec~clin~ section of the City Code: Chapters 4, 5, 8.
otian by Williams, second by Diehm, to waive the reading of Ordinance 1578, there being
ample copies available to the public. Upon. vote: Ail ayes. tvloiion carried.
Motion by Williams, second by Nawrocki, to adopt Ordinance 1578, being an Ordinance
amending Ordinance 1490, City Cade of2005 relating to the Refuse and Recycling section:
Chapters 4, 5, and 8.
Nawrocki questioned if only the new expensive lawn waste bags could be used for handling yard
waste. Fehst stated that the law started the beginning of this year requiring the use of bio-
degradable yard waste bags. Non-conforming bags are not to be picked. up. De-gradable bags are
not good enough; they must be bio-degradable. Stickers will be placed on the incorrect type of
bags telling them what they need. An audience member questioned having yard waste containers
or having a civic group purchase the bags in a large quantity and sell to residents for a better
price. Fehst stated that staff is looking into this, but it is not part of our current contract.
Nawrocki questioned limiting Christmas tree pickups to the first three weeks in January. Hansen
stated this is contractual with Violia.
Upan vote: All ayes. Motion carried.
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Monday, April 12, 2010
Page 10 of 19
2. Second Reading of Ordinance 1579, being an Ordinance amending the Tree Ordinance
section of the City Code: Chapter 4, Article II, sections 4.201 and 4.202.
Motion by Diehm, second by Williams, to waive the reading of Ordinance 1579, there being
ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Diehm, second by Williams, to adopt Ordinance 1579, being an Ordinance amending
Ordinance 1490, City Code of 2005, Chapter 4, Article II, Sections 4.201. and 4.202. Upon vote:
All ayes. Motion parried.
3. First reading of Ordinance No. l 580, being an Ordinance relating to the date change of the
State Primary Election.
Motion Diehm, second by Williams, to waive the reading of Ordinance No. 1580, there being
ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Diehm, second by Williams, to set the second reading of Ordinance 1580 for April
26, 2010 at approximately 7:00 p.m. in the City Council chambers.
Nawrocki questioned what law sets the municipal filing dates. Diehm stated this is set by State
Statute for 15 weeks prior to the State Primary. Nawrocki requested a copy of this information.
Dates to file far affiee in 2010 are May 18 to June 1.
Upon vote: All ayes. Motion carried.
B. Btd Constderations -none
C. New Business and Reports
Nawrocki stated that he attended the League of Minnesota Cities meeting regarding what the
State is doing relative to LGA and HCHC. $1,127,940 was passed by the House and. $1,857,000
s~ias passed by the Senate. Nawrocki Stated that work is beii,g done on tl~e new cable franchise.
Comcast plans to close dawn their studio it1 Columbia Heights in June. Discussion is needed on
This topic. i~Iawrocki stated that a meeting should be held wiih the people around I-Iart Lake and
Silver Lake Park regarding upcoming changes. Nawrocki stated that the Board ofReview will
convene on Monday, May 3, whereby residents can question the value placed on their home. It is
not the time to talk about property taxes. This meeting will be followed by discussion of a
possible street car on Central Avenue. A Ietter from the State Auditor raised points on use of
petty cash and credit cards. Nawrocki questioned if we have a policy on this usage. Nawrocki
referred to a letter received from Commissioner Kordiak indicating that his private tax service
would offer free service to seniors to file renter credit and property tax forms beginning April 19.
Williams indicated that property values for 2011 are still high, but will probably decrease next
year. Diehm stated that valuations are 18 months behind the market.
ADMINISTRATIVE REPORTS
Report of the City Manager -nothing to report
Report of the City Attorney -nothing to report
CITIZENS FORUM
Deb Johnson, 4626 Pierce Street, indicated her displeasure with the conduct of BVK representatives
after their agenda item concluded.
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Monday, April 12, 2010
Page 11 of 19
Peterson stated: Don't forget our service men and women; keep them in your thoughts and prayers.
Remember all those that died from Poland in the recent airplane crash. Don't take ourselves too
seriously, and do a random act of kindness.
ADJOURNMENT
Peterson adjourned the meeting at 10:55 p.m.
Patricia Muscovitz CMC City Clerk
RESOLUTION N0.2010-26
BEING A RESOLUTION AUTHORIZING THE CITY OF COLUMBIA HEIGHTS TO ENTER INTO AN AGREEMENT
BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND
THE CITY OF COLUMBIA HEIGHTS FOR FEDERAL PARTICIPATION IN CONSTRUCTION
BE IT RESOLVED, that pursuant to Minnesota Stat. Sec. 161..36, the Commissioner of Transportation be appointed as Agent of
the City of Columbia Heights to accept as its agent, federal aid funds which may be made available far eligible transportation
related projects.
BE IT FURTHER RESOLVED, the Mayor and the City Manager, are hereby authorized and directed for and on behalf of the
City to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said
federal aid participation as set forth and contained in "Minnesota Department of Transportation Agency Agreement No.96460, a
copy of which said agreement was before the City Council and which is made a part hereof by reference.
ORDINANCE NO.15'79
BEING AN ORDINANCE AMENDING ORDINANCE 1490, CITY CODE OF 2005, CHAPTER 4, ARTICLE II, SECTIONS
4.201 AND 4.202.
The City of Columbia Heights does ordain:
Chapter 4 -Municipal Services of the City Cade shall be amended as follows:
CHAPTER 4: MUNICIPAL SERVICES -Article II. TREE AND WEED SERVICES
§ 4.201 REMOVAL OF DISEASED, DEAD OR OUS TREES
Add the following sections A through D
(A} Declaration of Policy. The health of the trees in the city is threatened by shade tree pests, and the lass or ill health of trees
growing upon public and private property substantially depreciates the value of property within the city and impairs the safety,
good order, general welfare and convenience of the public. In addition to and in accordance with Minn. Stat.§§ 89.001, 89.01,
and 89.51-64, the provisions of this section are adopted as an effort to control and prevent the spread of these shade tree pests.
(B) Declaration of Shade Tree Pest. The Council may by ordinance declare any vertebrate or invertebrate animal, plant
pathogen, or plant in the community threatening to cause significant damage to a shade tree or community forest, as defined by
Minn. Stat. § 89.001. to be a shade tree pest and prescribe control measures to effectively eradicate, control, or manage the shade
tree pest, including necessary timelines for action.
(C) Tree Inspector. The Council may appoint a Forester and or tree inspector to coordinate the activities of the city relating to the
control and prevention of damage by shade tree pests. The forester and or tree inspector will recommend to the Council the
details of any prog~°am for tl~e declaration, control, and prevention of shade tree pests. The forester and or tree inspector is
authorized to enforce or cause to be enforced the tasks incident to such a program adopted by the Council. The term "tree
inspector" includes person designated by the Council or the forester to carry out the activities authorized in this section.
(D) Public Nuisances Declared. The following are public nuisances whenever they may be found within the City.
Amend section A to read section E. Add item (3} under Section E as follows:
(E) The Forester or his official representative has the authority to enter onto private property for inspection purposes. The
Forester shall inspect all premises and places, both public and private, within the city for the presence of any of the below-
described conditions:
(3) Any living or dead ash (Fraxinus spp.}tree or part thereof infected to any degree with the insect Emerald Ash
Borer, Agrilus planipennis Fairmaire (Coleoptera: Buprestidae}.
Amend item (5) under Section E to read:
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Monday, April 12, 2010
Page 12 of 19
(5) Any diseased dead tree or part thereof, including limbs, branches, stumps, firewood, or other oak, elm, ash or
wooden material which has not been removed and burned or otherwise effectively treated so as to destroy and prevent as
fully as possible the spread of communicable disease or insect infestation.
Remove Section B. Add Sections F through Q.
(F) It is unlawful for any person to permit any public nuisance as defined in this Subdivision on any premises owned or controlled
by him within the City. Such nuisances shall be abated in the manner prescribed by this Section.
(G) Inspections and Application of Control Measures.
(1) The Forester or his official representative may enter upon private premises at reasonable times and reasonable
hours for the purpose of carrying out any of the duties assigned to them under this chapter.
(2) All premises and places within the city shall be inspected as often as practicable to determine whether any
condition declared in 4.201 to be a public nuisance, exists thereon. All reported incidents of infection by Dutch
elm fungus, the presence of elm bark beetles, of infection by the oak wilt fungus or the presence of Emerald Ash
Bore shall be promptly investigated. Diagnosis may be by the presence of commonly recognized symptoms; by
tests as may be recommended by the commissioner of the Minnesota Department of Agriculture or the
commissioner of the Minnesota Department of Natural Resources, or other reliable means.
(3} No person, firm, or corporation shall interfere with the tree inspector or with anyone acting under the tree
inspector's authority while engaged in activities authorized by this section.
(H) Abatement of Shade Tree Pest Nuisances.
In abating a nuisance, defined by ordinance under section 4.201, subdivision 4, the
organism, condition, plant, tree, wood, or material identified as injurious to the health of shade trees shall be removed or
effectively treated so as to destroy and prevent as fully as possible the spread of the shade tree pest. Such abatement procedures
shall be carried out in accordance with the control measures and areas prescribed by subdivision 9.
(I) Reporting Discove.,' of Shade Tree Pest. An;' o::'ner or occupier of land or any person engaged in tree trimming or removal
who becomes aware of the existence of a public nuisance caused by a shade tree pest as defined. under subdivision 4, shah report
the same to the city.
(J} Registration of Tree Care Firms. Any person, firm, or corporation that provides tree care, tree trimming, or removal of trees,
limbs, branches, brush, or shrubs for hire must be registered with. the Minnesota commissioner of Agriculture under Minn. Stat. §
18G.07.
(K) Standard Abatement Procedure. Except as provided in subdivisions 11 and 12, whenever a tree inspector determines with
reasonable certainty that a public nuisance, as described by this ordinance is being maintained or exists on premises in the city,
the tree inspector is authorized to abate a public nuisance according to the procedures in this subdivision.
(I) The Forester will notiry in writing the owner of record or occupant of the premises and physically mark that a
public nuisance exists and order that the nuisance be terminated or abated. The notice may be given in person or by
mail. Failure of any party to receive the mail does not invalidate the service of the notice. A copy of the notice
shall be filed with the city clerk.
(2} The notification shall require abatement of such condition within 20 days from the date of the mailing of the notice.
(3) Abatement procedures shall be carried out in accordance with the current technical and expert methods and plans as
inay be designated by the Commissioner of Agriculture of the State of Minnesota or by the Commissioner of
Natural Resources of the State of Minnesota.
(1) The notice of abatement shall state that unless the public nuisance is abated by the owner, it will be abated
by the city at the expense of the owner. The notice shall specify the control measures to be taken. to abate
the nuisance, and provide a reasonable amount of time to abate the nuisance. The notice will also state that
the owner has the right to appeal the determination that a public nuisance exists by submitting a request in
writing to the city clerk prior to the expiration of the date by which the nuisance must be abated as set forth
in the notice.
(2) If no timely appeal is submitted, and the control measures prescribed in the notice of abatement are not
complied with within the time provided by the notice or any additional time granted, the Forester or
designated person shall have the authority to obtain permission or an administrative search warrant, enter
the property, and carry out abatement in accordance with the notice of abatement.
(L) High-cost Abatement. If the tree inspector determines that the cost of abating a nuisance will exceed $5,000 based on a
reasonable, good faith estimate, the written notice referred to in subdivision 9 must provide that if the nuisance is not abated
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City Council Minutes
Monday, April 12, 2010
Page 13 of 19
within the reasonable amount of time provided, the matter will be referred to the City Council for a hearing. The date, time, and
location of the hearing must be provided in the notice.
(M} Appeal Procedure. If the city clerk receives a written request for a hearing on the question of whether a public nuisance
exists, prior to the expiration of the date by which the nuisance must be abated as set forth in the notice, the City Council shall
hold a hearing. At least three (3) days notice of the hearing shall be given to the individual who made the written request for the
hearing. The Council may modify the abatement notice or extend the time by which abatement must be completed. Each owner,
agent of the owner, occupant, and lien holder of the subject property of properties in attendance, if any, shall be given the
opportunity to present evidence at the hearing. After holding the hearing, The City Council may issue and order requiring
abatement of the nuisance.
(N) Abatement Procedure in Event of Imminent Danger.
(1 } If the tree inspector determines that the danger of infestation to other shade trees is imminent, and delay in control
measures may put public health, safety, or welfare in immediate danger, the tree inspector may provide for
abatement without following subdivision 9 or l 0. The tree inspector must reasonably attempt to notify the owner or
occupant of the affected property of the intended action and the right to appeal the abatement and any cost recovery
at the next regularly scheduled City Council meeting.
(2} Nothing in this section shalt prevent the city, without notice or other process, from immediately abating any
condition that poses an imminent and serious hazard to human life or safety.
(O) Recovery of Cost of Abatement; Liability and Assessment.
(1 } The owner of premises an which a nuisance has been abated by the city shall be personally liable for the cost to the
city of the abatement, including administrative costs. As soon as the work has been completed and the cost
determined, the city clerk or other official shall prepare a bill far the cast and mail it to the owner. Thereupon the
amount shall be immediately due and payable at the office of the city clerk.
(2} After notice and hearing, as provided in Minn. Stat. ~ 429.061 (.which may be amended from time to time}, the city
clerk shall, on or before Sept. 1 next following abatement of the nuisance, List the total unpaid charges as well as
other charges for current services to be assessed under Minn. Stat. § 429.101 against each separate lot or parcel to
wl'iiCh the Charges aCC attribCitabiC. T lee City CoiinCii may' thCn CCrtiiy the ChargCS against the property t0 tl'ia°. CvLii~ty'
auditor for collection along with current taxes the following year or in annual installments as the city may determine
in each case.
(P) Penalty.
(1 } Any person, firm, or corporation that violates any provision of this section shall, upon conviction, be guilty of a
31'ilSdeiileanOr. The penalty, WhiGri may be iii7pOSed for any Crime that iS a misdemeanor Under this Section,
including Minnesota Statutes specifically adopted by reference, shall be a sentence of not more than 90 days, or a
f ne of not more ti,ar, $1,000 or both.
(2} Upon conviction of a misdemeanor, the costs of prosecution may be added. A separate offense shall be deemed
committed upon each day during which a violation occurs or continues.
(3} The failure of any officer or employee of the city to perform any official duty imposed by this section shall not
subject the officer or employee to the penalty imposed for a violation.
(4} In addition to any penalties provided for in this section, if any person, firm, or corporation fails to comply with any
provision of this section, the City Council or any official designated by it may institute appropriate proceedings at
law or equity to restrain, correct, or abate the violation.
(O) Severability. Should any part or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the
same shall not affect the validity of the ordinance as a whole or any part thereof other than the part held invalid.
CHAPTER 4: MUNICIPAL SERVICES -Article I1. TREE AND WEED SERVICES
4.202 DISEASE CONTROL, PLANTING AND ROUTINE REMOVAL
Amend Section A to read as follows:
(A} Whenever the Forester determines that any tree or wood within the city is infected with disease, he may use
appropriate disease control methods on all the nearby high value trees, in accordance with methods and procedures
prescribed by the Commissioner of Agriculture of the State of Minnesota or the Commissioner of Natural
Resources of the State of Minnesota. Notice shall be provided under this section in the manner prescribed for
abatement.
Remove Item (2) under Section (C)
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Monday, April 12, 2010
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2) No boulevard trees shall be planted measuring less than two and one-half inches in diameter of trunk one
foot above the ground.
Renumber items (1 }through (7) to read items (1) through (6)
Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage.
ORDINANCE NO.1578
BEING AN ORDINANCE AMENDING ORDINANCE 1490, CITY CODE OF 2005, RELATING TO THE REFUSE AND
RECYCLING SECTION: CHAPTERS 4, 5, AND 8
The City of Columbia Heights does ordain:
Chapter 4 -Municipal Services of the City Code shall include:
CHAPTER 4: MUNICIPAL SERVICES -Article VII. Refuse and Recycling Services
§ 4.701 General Operations, § 4.702 Definitions, § 4.703 Garbage General Requirements,
§ 4.704 Recycling General Requirements, § 4.705 Other Refuse General Requirements, and
§ 4.706 Refuse Service Rates and Rules. Entire Article is new.
§ 4.701 GENERAL OPERATIONS
A. Every household and every occupant or owner of any dwelling, house, boarding house, apartment building, or ether structure
utilized for dwelling purposes within the city must use the garbage and rubbish collection service as is made available by
contract by the City of Columbia Heights and its designated garbage and rubbish Service Provider. The City reserves the
discretion to add other entities (Non-municipal) as agreed to by Council resolution.
B. The Service Provider shall collect refuse, recycling, yardwaste/brush, white goods, electronics, and ail other permissible
household refuse at designated collection points as permitted by section 8.301 (E).
C. All collection service shall be conducted Monday through Friday. When haiidays fall an a weekday, the collection shall he
made within the next dav.
D. Whenever a residence notifies the Service Provider of locations which have not received scheduled service, the Service
PrG~'idC-r i5 required tG Service Such iGCattGrlS befGrc 6:vti p.m. of rite Samc day' Whcrt natijied pC1Gr tG nuan. `vVhcr'i nGtlj72d
after noon, the Service Provider shall service such locations not later than noon of the following day, excluding Sundays.
E. Residents who are elderly or physically disabled and are unable to place their containers at the designated location, may
request "walk-up" service from the Service Provider, whereby the driver will service those containers from the house access
that is nearest the designated collection point.
F. The Service Provider shall direct all requests for service level. changes to the City. The size and numbers of containers shall
be selc-cted'oy rile resident/owner (through the Cit-y), wile Wray change their lever of service monthly at no additiotiat charge.
Official changes will be made through the City and the Service Provider will be notified. The Service Provider may remove
CaiitainerS ltam prapci~tics Wiieii the Lily diSCaittdiiiac5 Service to a i'eSideiice.
G. All refuse and recycling materials placed for collection shall be awned by and be the responsibility of the occupants of the
residential properties until collection by the Service Provider. Upon collection afthe refuse materials by the Service Provider,
the solid waste becomes the property and responsibility of the Service Provider. All Garbage and Refuse shall be transported
to, weighed-in at, and disposed ofat a solid waste facility that is approved by the City.
H. The Service Provider customer service office shall be staffed from at least 7:00 a.m. to 4:30 p.m., Monday through Friday
(except holidays).
§ 4.702 DEFINITIONS
A. Residence shall mean all single-family dwellings, double bungalows/duplexes, apartments, town homes, condominiums and
other living quarters.
B. Multi-dwelline properties mean any residence with more than four separate living quarters including, but not limited to,
apartments.
C. Garbage shall mean organic (non-hazardous) waste resulting from any source.
D. Rubbish shall mean all inorganic (non-hazardous) refuse matter that accumulates in the ordinary operation of a household
including but not limited to stone, sod, earth, concrete, and building materials resulting from remodeling a residence on the
property at which these materials have beep placed, along with mattresses, chairs, couches, tables, and other such items of
furniture.
E. Recyclable Materials shall mean newsprint, glass bottles and jars, aluminum, steel and tin cans, cardboard, plastic beverage
bottles, mix paper, phone books, magazines, and any other materials as required by the City and agreed to by the Service
Provider.
F. Yard waste shall mean garden waste, leaves, lawn cuttings, weeds, and brush.
G. Brush shall mean branches, trees and shrubs of less than four (4) inches in diameter.
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City Council Minutes
Monday, April 12, 2010
Page 15 of 19
H. Receptacle, unless specifically provided otherwise, whether referred to as `cart,' `garbage can,' `plastic bag,' `suitable
container,' `cans,' or `containers,' shall be of such size and form as to permit Collection and handling by one person. A single
cart shall not exceed 100 gallons. Container capacities are defined as Large (90-100 gallon), Medium (60-70 gallon), or
small (30-40 gallon).
I. Tipping Fee shall mean the charge per ton assessed to the Service Provider by the City approved solid waste disposal facility
for disposing Refuse and Garbage. Tipping Fee excludes any taxes and/or surcharges.
J. Electronics shall mean televisions, stereos, VCR's, DVD players, computers, computer monitors, and any other similar
device so defined by the State of Minnesota.
K. White Goods shall mean household appliances including but not limited to clothes washers and dryers, dishwashers, water
heaters, garbage disposals, trash compactors, conventional and microwave ovens, ranges and stoves, air conditioners,
dehumidifiers, refrigerators, and freezers.
L. Refuse shall mean garbage, rubbish, yard waste, brush, electronics, and white goods, and recyclable materials if discarded in
the non-recycling container by the residence.
M. Full service means collection of large household items such as, furniture, extra garbage, and rubbish that does not fit into the
provided container (although still limited to three garbage truck hopper loads) as part of the regular service charge.
N. Limited Service means additional fee-based service for the collection of household items, furniture, extra garbage, and
rubbish that does not fit into the provided container and is not part of the regular service charge.
O. Living quarter means single family home and each separate rental unit of amulti-dwelling property.
§ 4.03 GARBAGE GENERAL REQUIREMENTS
A. Each residence shall have its refuse and all other permissible items collected a minimum of once each week.
B. The Service Provider shall provide each residence with a garbage container (wheeled carts with attached lids) or dumpsters
that meet federal. standards and have fly-tight Lids. Except as otherwise set forth herein, all containers furnished by Service
Provider, shall while in the possession and control of the residences and multiple dwelling units, remain the property of
Service Provider. Residents and multiple dwelling units shall use the containers only for the purposes far which it is intended
herein and shall not make any alterations to the containers. Residents and multiple dwelling units shall be responsible for
loss or damage to the containers in excess of ordinary wear and. tear. In the event a resident requests more than one container
or a replacement container due to theft ar damage beyond ordinary wear and tear, Service Provider shall provide additional
ccntainers and charge the Resident or ^9ultiple dvrellirg unit directly fcr the cost cf the ccntainer and delive^y' therecf
C. Full Service Collection for non-multiple dwelling properties, shall consist of one large or one medium capacity garbage
container with full service sticker, provided by the Service Provider. Service Provider shall only collect up to 250 gallons (3
-large gallon carts) or 1.5 cubic yards of extra material outside a residence cart. Collection of materials in excess of this
amount can be provided by the Service Provider at an additional cost to the resident. Additional Full Service Collection
includes:
i. ChrlStmaS tree Calleet3ai, during ttie IrSt tw'a we^ekS Gt,lanitary, per living quarter Unit.
2. Additional amounts of non-garbage household rubbish (within the limits described above}, such as stone, sod,
earth, concrete, and building materials resulting from remodeling of the residence on the property at which these
materials have been placed. Where practicable, such items will be bagged, boxed, or bundled.
3. Carpeting, carpet padding, mattresses, chairs, couches, tables, and other such items of furniture. These items
must have come from the property where placed for collection.
4. One white good item each calendar year for each living quarter unit at na charge (tracked by the Service
Provider}.
D. Limited service will consist of one medium capacity container, as provided by the Service Provider. All materials subject to
collection shall be fully contained in the designated container with closed lids. Collection of materials outside of the
provided container can be provided by the Service Provider at an additional cost to the resident. Additional Limited service
includes Christmas trees and white goods collection as described in C- 1 & 4 above.
E. Low-volume collection service shall consist of one small capacity garbage container, as provided by the Service Provider.
All materials subject to collection shall be fully contained in the designated container with closed lids. Collection of
materials outside of the provided container can be provided by the Service Provider at an additional cost to the resident.
Additional Low-volume service includes Christmas trees and white goods collection as described in C- I & 4 above.
F. Multiple dwelling properties. Service Provider shall provide each multiple dwelling with at least one standard dumpster (1
cubic yard capacity} or equivalent number of large containers and collections, a minimum of once/week. Multiple dwelling
properties may not have extra garbage or rubbish outside of the provided container, except for large household items such as
furniture items, carpet, padding, and mattresses. Property owner/manager must call the Service Provider in advance of
collection. Collection. of materials outside of the provided container (other than previously noted) can be provided by the
Service Provider at an additional cost to the owner. Additional services/living quarter unit includes Christmas trees and
white goods collection as described in C- 1 & 4 above.
§ 4.'704 RECYCLING GENERAL REQUIREMENTS
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City Council Minutes
Monday, April 12, 2010
Page I6 of 19
A. Items designated far recycling shall be listed by the City Manager to be part of an authorized recycling program.
B. Ownership of recyclable materials set out for the purpose of participating in a curbside recycling program shall remain with
the person who set out the materials until removed by the authorized collector. The person who set out the material is totally
responsible for their proper preparation, handling and storage. Ownership and responsibility for the proper handling of the
recyclable materials shall vest in the authorized collector upon removal thereof by the collector.
C. Recyclable Materials generated from residences with single sort containers will be collected a minimum of once every other
week.
D. The Service Provider shalt be responsible for distributing all properly labeled (with instructions) recycling containers
(wheeled carts with attached lids) to the residents/property owners. All containers furnished by Service Provider, shall while
in the possession and control of the residences and multiple dwelling units, remain the property of Service Provider.
Residents and multiple dwelling units shall use the containers only for the purposes for which it is intended herein and shall
not make any alterations to the containers. Residents and multiple dwelling units shall be responsible for loss or damage to
the containers in excess of ordinary wear and tear. In the event a resident requests more than one container or a replacement
container due to theft or damage beyond ordinary wear and tear, Service Provider shall provide additional containers and
charge the Resident or Multiple dwelling units directly for the cost of the container and delivery thereof.
E. The Service Provider shall be responsible for collection of recyclable materials from containers at residential properties in the
City. Additional recyclable materials will be collected outside of the container when bagged or boxed that meets Service
Provider specified procedures.
F. If the Service Provider determines a recycling container is too contaminated with non-recyclable materials, Service Provider
may collect the material as refuse. The contactor will notify the resident of contamination issues and provide information for
proper preparation of recycling. Collection of contaminated recycling materials can be provided by the Service Provider at an
additional cost to the resident.
G. City of Columbia Heights Recycling Center. All items collected curbside will also be collected at the recycling center with
the addition of scrap metal, used oil, oil filters, and rimless tires. The Center may be utilized by area businesses and
residents. Used oil, oil filters, and rimless tires may be delivered only by Columbia Heights residents for non-business
sr}urlgQcPC, Fiirther~ rimleec time are lirpiterl to f~e~ir rar r~r light tr~~~k tirec per recjder~t fpr every year. The Clty may, at the
City's option, add or remove Recyclable items collected at the Drop-Off Recycling Center or discontinue the Program
entirely.
§ 4.705 OTHER REFUSE GENERAL REQUIREMENTS
A. The Service Provider shall organize residential collection of electronic devices that are banned from the solid waste stream by
the State of Minnesota, Anoka County, and the City of Columbia Heights. The Service Provider shall provide each residence
and multi-dwelling living quarter unit an electronics (including those items not banned) curb-side collection service weekly,
although this service will be fee-based and negotiated directly between the Service Provider and the resident requesting the
service.
B. The Service Provider is responsible for weekly collection of yard waste and brush from non-multiple dwelling properties
during the growing season (April 1 -November 30). Yard waste and brush collected from non-multiple dwelling properties
shall occur on the same collection day as refuse.
C. Yard Waste collection shall be limited to only those materials placed in authorized disposable containers that meet State of
Minnesota, Anoka County, and City of Columbia Heights requirements. The Service Provider shall notify residents on the
specifications for Brush collection.
D. Each property is authorized one white good item each calendar year, for each living quarter unit, at no charge (tracked by the
Service Provider). Additional items can be charged by the Service Provider at an additional cost to the resident.
Arrangements and billings for appliance collections will be handled directly by the Service Provider.
§ 4.706 REFUSE SERVICE RATE5 AND RULES
(A) Charges. The Council shall. by resolution fix all charges and penalties for refuse and recycling service rates for
dwellings and shall similarly fix the rates by which such charges shall be computed. All such utility bills may be collected as
provided for refuse billing by division. (C) of this section.
(B) Oii~ner liability for charges. In billing refuse service the rates shall be applied by container size and service level. The
property owner shall be liable for refuse and recycling service to the property owner's property, whether the owner is occupying
the property or not, and any charges unpaid shall be a lien upon the property.
(C) Statements; delinquent bills, stop-sen~ice for non payment; resxn:ption of services.
(1) Accounting. The administration services of the city shall provide for a method of periodic accounting and recording
of refuse service level at each location throughout the city. Bills shall then be calculated to include penalty and extra service
charges; minimum charges for availability of refuse services, regardless of usage; and other charges as necessary and appropriate
for revenue for the maintenance and operation of the city refuse budgets.
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City Council Minutes
Monday, April 12, 2010
Page 17 of 19
(2) Statements. The administrative service shall mail said utility bills to the owner at the address listed for each specified
location or to such address as the owner of record may request in writing.
(3) Dzre date. Utility bills are due and payable on the tenth day of the month following the date of the postmark. Any
bill not paid by the close of business on the tenth day of the month following its mailing is delinquent, at which time a charge
established by the City Council shall be added to the billing. Partial payments shall be considered as payment towards most dated
amounts billed.
(4) Delingzzent bills. The administrative service shall ascertain all utility bills that are delinquent after the tenth day of
the month and mail notice of such delinquency to the occupant of the location by the twentieth day of the same month. If such
bill remains unpaid at the last day of the month in which the delinquency notice was sent, the administrative service shall send a
second written notice of such delinquency. Said notice shall include a statement that refuse service will be discontinued unless
full payment is received by the tenth. day of the month following the month in which the first delinquency notice was mailed.
Before the refuse and recycling service will be continued, the entire account, including any current charges must be paid along
with and including the charge established by the Council for penalties. Refuse service will only be provided during regular
working hours. If utility bills are not paid, the bills may be Levied against the property owner prior to continuing refuse service,
and proof of levy payment must be provided to the administrative service prior to said service being turned back on.
(5) Shut-off far non payment. Refuse and recycling service may be discontinued at any time thereafter, subject to the
following exceptions: Service may not be discontinued in this manner for:
(a) Any tenant, lessee, or individual occupant of a multiple dwelling or commercial building which does not have a
separate utility bill for each separate tenant, lessee, or occupant unit.
(b} Any person who has filed with the Finance Director a written protest of the amount billed, either in whole or in
part, together with the reasons or basis for such protest.
(6) Shut-off fornon~-payn~entzzndersubdivision(C)(S)(a).
(a) Refuse and recycling service may be discontinued under circumstances described in subdivision (C)(5)(a) by
providing 30 days` written "Fina} Notiee" to each individual tenant, lessee or occupant.
(b} Upon expiration of 25 days of said 30-day period, additional written notice shall be provided to each individual
tenant, lessee, ar occupant indicating whether the delinquent utility 6ilis remain unpaid.
(7) Shut-offfor non-pcrvment under subdivision lC)<S)(b). Under circumstances described in subdivision (C)(5}(b), the
administrative service shall investigate the basis for the protest and issue a report of its findings to the aggrieved party. When so
warranted by tiie resiiitS 6f the investigation, refiisc and reC'y'%iiilg Service may tl'iereafter be teriTiinated i.ipOn. 24 hourS~ nOtiCe.
(8) Cez•tification of delinquent bills. The Council may certify unpaid and delinquent refuse bills to the County Auditor
annually far collection pursuant to the provisions of M.S. § 444.075, as it may be amended from. time to time.
(D) Utility sen~ice bills payable at Finance Department. All bills for water and other services are payable at the office of
the Finance Department during regular working hours, or as otherwise provided by said Finance Department.
Cliaptei• 5 - Conli7ierciai LCeilsii`ig of the C ity i ode Sltaii be ailierided as follows:
GN,YRTER S: CEJ1vf1~1ERCi.1i. I,iCE1t~~f1~G -.~iriicie `v'% c onsunzer Services, lv?iscellaneozrs Businesses
~ 5.603 GARBAGE COLLECTIONS. Paragraph (B)
GARB.=IGE. Organic refuse resulting from the storage or preparation of food and decayed or spoiled food, and any other organic
refuse from any source.
RUBBISH. All inorganic refuse, such as, but not limited to, metals, glass, packaging materials, and ashes.
Paragraphs (E) and (Fj have been removed.
Chapter SA -Property Maintenance Code of the City Code shall be amended as fellows:
CHAPTER SA: PROPERTY MAINTENANCE CODE -Article II. Minimum Standards
§ SA.205 RUBBISH, GARBAGE, RECYCLING, AND COMPOSTING. Paragraph (B)
Disposal of Rubbish. Everv occzpant of a structure shall dispose of all rubbish in a clean and sanitazy manner as established by
city code. Rzzbbish, garbage, recycling, yaz•d waste, and appliances shall be placed in accordance x~ith Chapter 8, Article III of
the city code.
Chapter 8 -Public Health and Safety of the City Code shall be amended as follows:
CHAPTER 8: PUBLIC HEALTH AND SAFETY. Article III. Garbage and Rubbish
§ 8.301 STORAGE CONTAINERS
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Monday, April 12, 2010
Page 18 of 19
(A) (l) Every person who owns or occupies property within the city for business, commercial, industrial or residential
purposes shall dispose of all garbage, rubbish and recyclable material as defined herein, which may accumulate upon such.
property at least once a week.
(2) Yard waste as defined herein, which may accumulate upon such property shall be disposed of at least once a week
during the yard waste season as determined by the City Manager. This provision does not apply to composting permitted by
division (F} of this section.
(3} For purposes of this code:
COMPOSTING. Any above ground microbial. process that converts yard waste to organic soil amendment or mulch by
decomposition of material through an aerobic process providing adequate oxygen and moisture.
GARBAGE. Organic refuse resulting from the preparation of food and decayed, spoiled food, and other organic refuse
from any source.
RECYCLABLE MATERIALS. All items of refuse designated by the City Manager to be a part of an authorized
recycling program and which are intended for transportation, processing and remanufacturing or reuse.
RUBBISH. All inorganic refuse matter such as metals, glass, packaging material, ashes, and the like.
SHEET COMPOSTING. The spreading, incorporation or application of raw or composted yard waste onto land.
YARD WASTE. Grass, clippings, leaves, weeds, garden waste, twigs and branches less than four inches in diameter.
(B) (1) Every person responsible under this section, except as otherwise provided below, for the disposal of rubbish and
garbage shall use containers for the storage of such matter between periods of collection, one or more garbage containers that
meet State and Federal standards. Rubbish and garbage placed into the cantainers shall be properly enclosed (i.e. bagged or
boxed} to prevent loose trash from spilling out of the container. The containers shall be tightly covered to prevent exposure of the
contents to potential fly or vermin infestation and shall be provided with handles far ease of lifting. Containers for the storage of
garbage and rubbish shall be maintained in a manner which will prevent the creation of a nuisance ar menace to the public health,
safety and general welfare. Containers which are damaged, broken ar otherwise create a nuisance or menace to public health,
safety and general welfare shall be replaced with acceptable containers.
(2) Disposal of yard waste shall be from Anoka County and State of Minnesota approved bags, or a permanent ventilated
tlytight metal or thermoplastic container which is clearly identified as containing yard waste. Containers for the storage of yard
wash shall be maintained in a manner which will prevent the creation of a nuisance or menace to the public health; safety and
general welfare. Containers which are damaged, broken or otherwise create a nuisance or menace to public health, safety and
general welfare shah be replaced with acceptable coe~tainers.
(C} Notwithstanding the provisions of division (B) of this section, persons responsible under this section for the disposal of
rubbish or garbage at each commercial and industrial establishment, or restaurant necessitating the storage and disposal of
garbage and rubbish shall utilize a vat service in lieu of the above requirements. Such vats shall. be designed with the proper
attachments for lifting onto refuse trucks.
(D) All accumulations of garbage, rubbish and. yard waste must be deposited and contained within the containers as
provided in this section, except these
Residential properties that pay far "full service" through the municipal provided refuse service may have extra bagged
garbage and rubbish outside of the container on collection day.
(E} (1 } Where alleys are platted and open far traffic, garbage and recycling cantainers shall be placed at the rear of said
property adjoining the alley. Where no alley exists, containers will be kept at or near the back door; provided, however, that
where the back door is not reasonably accessible from the front yard, the container shall be placed at a paint adjacent to the house
which is reasonably accessible from the front yard. Garbage and recycling containers must be removed from the curb line within
24 hours after scheduled collection, and cannot be placed on the curb line more than 24 hours before scheduled collection.
(2) All yard waste, appliances, and electronics shall be placed at the street curb line on collection day.
(F} Composting is prohibited for any owner or occupant of property within the city for business, commercial, industrial or
residential purposes, except as hereinafter provided:
(1) Composting shall be established in such a manner so as not to create an odor or other condition that is a nuisance;
(2} Composting may consist only of yard waste, wood ash, and sawdust generated from the site on which the composting
is located;
(3) Composting must be in a back yard and must be 5 feet from any side or rear yard lot line and no closer than 20 feet to
any habitable building, other than the resident's own home, or less than 2 feet from the alley if any alley exists;
(4) Composting shall be conducted within an enclosed container(s) not to exceed a total of 100 cubic feet in volume for
city lots less than 10,000 square feet, and five feet high, the container(s) shall be of a durable material such as wood, block, or
sturdy metal fencing material;
(5) Sheet composting shall cover no more than 0.025 of the total lot area, and in no case exceed 500 square feet, must be
in a back yard, and must be five feet from any side or rear yard lot line. Sheet composting must be incorporated directly into the
soil; and
(6} None of the following materials shall be placed in the composting containers}: meat, bones, fat, oils, dairy products
and other kitchen wastes, whole branches or logs, plastics, synthetic fibers, human or pet wastes or diseased plants.
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City Council Minutes
Monday, April 12, 2010
Page 19 of 19
(G) Refuse or garbage for commercial and industrial properties shall be located to the rear property line of the building.
Said containers shall be located immediately adjacent to the buildings which the containers serve. The location of the containers
shall be in such proximity to the property that their appearance will not be evident from the street.
(1) Said containers shall be screened by appropriate fencing and/or shrubbery when adjacent to or across from residential
property.
(2) Where it is physically impossible to place the containers behind the rear line of the main building, the containers shall
be placed. as inconspicuously as possible along the side or front of the building with appropriate screening or in such place as the
Council may require.
(H) The presence of any garbage or rubbish on any property other than within a structure permitted by the zoning code
within the city or in any container other than a container authorized by this section or in the presence of containers not
conforming with the requirements of this section, except as specifically authorized by this section, shall constitute a public
nuisance under this section and shall constitute an offense punishable under this division.
(I) Any person, firm or corporation who causes any violation of any provision of this section or who owns, maintains, or
has a superior possessory interest in any estate where violations of the provisions of this section exist, upon conviction thereof,
shall be punished as provided in § 1.999.
Section 2:
This ordinance shall be in full force and effect from and after 30 days after its passage.
26
CITY COUNCIL LETTER
MEETING OF: APRIL 26, 2010
AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER
NO: FINANCE APPROVAL
ITEM: AUTHORIZING AN IMPREST BY: WILLIAM ELRITE BY: `~~''
CHECKING ACCOUNT TO TRACK ATM DATE: 04/21/10 ~ ~
,~~
(Automated Teller Machine) ACTIVITY ,
....
NO:
Due to a significant number of requests from customers and to enhance profitability in the liquor
stores we will be installing ATM machines in the two new liquor stores. After significant staff
research it appears that the most cost effective alternative is to purchase two new ATM machines
from ATM Network.. The cost of each ATM is $1,895.00. It is anticipated that the user fee of $2
per transaction will pay for ATMs in less than one year. ATM Network has been a leader for
several years in providing ATM machines to businesses. They have a very strong reputation for
providing machines that are efficient, trouble free and have a strong reputation far providing
customer service.
ATM Network recommends establishing a separate checking account that wilt be used
exclusively to provide funds for the ATM machines and to receive reimbursement for customer
withdrawals from the machines. A separate account will make it easy far staff to track
transactions and reconcile the ATM account. To accomplish this we have attached a resolution
establishing a new checking account at Northeast Bank that will be used exclusively to fund the
ATMs and track reimbursements for customer withdrawals.
RECOMMENDED MOTION: Move to waive the reading of Resolution 2010-31 being a
resolution authorizing an imprest checking account for ATM (Automated Teller Machine)
activity.
RECOPv1MENDED ;i/i0 T IOI`~I: Move to adopt Resolution 2010-~51 authorizing an imprest
checking account to track ATM (Automated Teller Machine) activity.
WE: slh
100421 1 COUNCIL
"RESOLUTION
Attachment: 2oio.aoc"
COUNCIL ACTION:
27
RESOLUTION 2010-31
BEING A RESOLUTION AUTHORIZING AN IMPREST CHECKING
ACCOUNT FOR ATM (AUTOMATED TELLER MACHINE) ACTIVITY
WHEREAS, installing ATM machines in the liquor stores would enhance customer
service, and
WHEREAS, the ATM's would provide additional revenue and enhance liquor store
profits, and
WHEREAS, the most cost effective method to track ATM transactions is through a
separate imprest checking account
NOW, THEREFORE, BE IT RESOLVED, that an imprest account shall be established
at one of the City's designated depositories for the purpose of facilitating ATM activity
BE IT FURTHER RESOLVED, that checks, drafts, or other withdrawal orders issued
against funds on deposit with said bank shall be signed by two of the following:
Mayor
City Manager
Finance Director
and that said bank is hereby authorized to pay and charge to the account of this
corporation any checks, drafts, or other withdrawal orders.
E IT UT SL ,that the depository is hereby requested, authorized and
directed to honor checks, drafts, and. other withdrawal orders when bearing or purporting
to bear the facsimile signatures of two of the following:
Mayor
City Manager
Finance Director
and that the depository shall be entitled to honor and to charge this corporations 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 be on file with.
the Banks by the Finance Director or other officer of this corporation.
2s
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 force and effect,
except as the same may be supplemented or modified by the foregoing part of this
resolution.
BE IT FL"RTHER RESOLVEJi3, that ail transactions, if any relating to deposits,
withdrawals, re-discounts and borrowings by or on the 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.
Passed this 26`" day of April 2010
Offered by:
Seconded by:
Roll Cail:
;`/layor nary, Peterson.
Patricia Muscovitz, CMC
City Clerk
29
COLUMBIA HEIGHTS -CITY COUNCIL LETTER
AGENDA SECTION: Consent Agenda ORIGINATING DEPARTMENT: Meeting date:
Fire April 26, 2010
No. ' -,r' '~
~
ITEM.: Approve Transfer of Funds
BY
G
G ,/
~,f~'`~%°
'
~
from General Fund to Fire :
ary
orman ,
~
Dept. Budget
No: DATE: April 21, 2010
Background: The Minnesota Youth Athletic Services, in conjunction with the school district and the
Columbia Heights Basketball Association, sponsored weekend. basketball tournaments this spring.
The Fire Department was asked to provide EMS coverage at the tournaments, which we did with off-
duty full time and Paid-on-Call firefighters.
The school district and the Columbia Heights Basketball Association reimbursed the Fire Department
far some of the cost of the EMS coverage. This motion will approve the transfer of $1,458.01 back
into the Fire Department 2010 budget.
CE E MTI~3N: Move to transfer $1,458.01, the amount received for EMS
coverage at the MYAS basketball tournaments, from the General Fund to the Fire
Department 2010 budget.
COUNCIL ACTION:
30
CITY COUNCIL LETTER
Meeting of Apri126, 20l 0
AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY
Fire MANAGER
NO: APPROVAL
ITEM: Rental Housing BY: Gary Gorman BY~1 t
Licenses °
NO: DATE: April 20, 2010 DATE:
Approval of the attached list of rental housing applications. They have met the
requirements of the Property Maintenance Code.
RECOMMENDED MOTION: Move to approve the items listed for rental housing
license applications for April 26, 2010 in that they have met the requirements of the
Property Maintenance Code.
COUNCIL ACTION:
31
List of 2010 Rental
Licenses to Apprave by
i _ __ CaunCil
825 41st Avenue N.E. -Columbia Heights, MN 55421 - Ph: 763-706-8156 -Fax: 763-706-8151
10013 508 40TH AVE NE Mile High Properties, LLC F10224
508 40th Avenue N.E. Sutie #100 $ 150.00
Columbia Heights, MN 55421
10022 1415 43RD AVE NE VICTORY FUNDING LLC, F10285
PO Box 22191 $ 150.00
Eagan, MN 55122
10041 4044 RESERVOIR BLVD Donnelly, Mike F10280
33 Demont Avenue W $ 150.00
Little Canada, MN 55117
10096 411 40TH AVE NE Ferris, Bradley F10312
9445 Jennifer Court $ 150.00
Chisago City, MN 55013
10116 4425 WASHINGTON ST Kaiser, Tom F10230
5229 Knox Ave. N. $ 150.00
Minneapolis, MN 55430
~n~ n
2~ Qn o cc ~i ao Qi yin
3~~8 ~.E~~R„0~~. ~". ~ ~ Da/e
Jo. Anson, F10288
642 North St $ 150.00
St Paul, MN 55106
10130 3974 HAYES ST NE Seubert, LLC F10281
3988 Haves Street NE $ 150.00
Columbia Heights, MN 55421
10132 4409 ARTHUR ST NE Picotte, Ranaid F10183
3931 172nd Lane NW $ 150.00
Andover, MN 55304
10155 3817 HAYES ST NE Rutter, Joseph F10308
1827 W. 140th ST $ 150.00
Burnsville, MN 55337
10167 3723 2ND ST NE Osterberg, Donald F10291
11448 Palm Street NW $ 150.00
Coon Rapids, MN 55448
10174 4058 QUINCY ST NE O'Malley Rental Properties, LLC F10218
225 Eagle Parkway $ 150.00
St. Paul, MN 55102
04/20/2010 12:50 Page 1
32
,,i List of 2010 Rental
Licenses to Approve by
~,,' Council
825 41st Avenue N.E. -Columbia Heights, MN 55421 - Ph: 763-706-8156 -Fax: 763-706-8151
10181 4109 MAIN ST NE Chandonnet, Robert F10242
21425 Vale Street N.W. $ 150.00
Oak Grove, MN 55011
10190 657 40TH AVE NE Homes far Naw. F10292
14870 Granada Ave STE 288 $ 150.00
Apple Valley, MN 55124
10260 4101 5TH ST NE Shahsavand, Amir F10246
836 96th Avenue NE $ 150.00
Blaine, MN 55434
12006 3879 POLK ST NE Brockway, Charles F10283
3881 Polk Street NE $ 150.00
Caiumbia Heights, MN 55421
12075 4600 JEFFERSON ST NE Pickers, Jennifer F10084
4600 Jefferson Street $ 150.00
Columbia Heights, MN 55421
12182 1343 CIRCLE TERRACE BLVD NE Habeck, Chad F i 0290
4107 Reservior Blvd. $ 150.00
Columbia Heights, MN 55421
20036 4317 3RD ST NE Hassan, Diaa F10258
1202 Hathaway Lane NE $ 150.00
Fridley, MN 55432
20044 5229 7TH ST NE Matches, Edwin F10265
545 54th Avenue $ 150.00
Fridley, MN 55432
20106 204 42ND AVE NE Diekow, Ryan F10286
9130 Inverness Lane NW $ 150.00
Ramsey, MN 55303
20130 5128 WASHINGTON ST NE Pliega, Jose F10305
5130 NE WASHINGTON ST $ 150.00
Columbia Heights, MN 55421
20187 5000 4TH ST NE Johanek, Mark F10083
PO Box 49503 $ 150.00
Blaine, MN 55449
04/20/2010 12:50 Page 2
33
~ ~ List of 2010 Rental
Licenses to Approve by
-' Council
_ ,~
825 41st Avenue N.E. -Columbia Heights, MN 55421 - Ph: 783-706-8156 -Fax: 763-70fi-8151
20218 4610 FILLMORE ST Dessouki, Mohsen F10123
5867 Central Ave NE $ 150.00
Fridley, MN 55432
20242 4624 TAYLOR ST NE Pomeroy, Wellyn 10276
740 107th Court N.E $ 150.00
Blaine, MN 55434
30001 4255 MAIN ST NE Kilgore, Gina F10048
6391 Monroe Street NE $ 188.00
Fridley, MN 55432
30044 950 39TH AVE NE Ashraf LLC F10115
2947 Bent Tree Hill Drive $ 211.00
New Brighton, MN 55112
30055 1400 47TH AVE NE Demetriou; Martha F10162
11159 Holland Circle $ 410.00
Eden Prairie, MN 55347
30056 1440 47TH AVE NE v~,'an^y, Vti'u F10222
16448 Holbroak Avenue $ 235.00
Lakeville, MN 55044
30057 1480 47TH AVE NE Shatzer, Wade F10181
1161 Wayzata Blvd. #312 $ 410.00
Wayzata, MN 55391
30116 4619 TYLER ST March, Mary F10294
4215 41st Avenue $ 160.00
Minneapolis, MN 55406
30121 4634 TYLER ST Minhas, Anwaar F10319
8132 York Avenue S. $ 211.00
Bloomington, MN 55431
30122 4653 TYLER ST Rust, David F10122
5735 Quincy Street $ 160.00
Fridley, MN 55432
30139 5025 UNIVERSITY AVE Taormina, Ross F10199
2941 Brookdale Drive $ 248.00
Brooklyn Park, MN 55444
04/20/2010 12:50 Page 3
34
CITY COUNCIL LETTER
Meeting of: April 26, 2010
AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER
NO: License Department APPROVAL
ITEM: License Agenda BY: Shelley Hanson DATE: ,
~~ ,~~ ~
'
`
NO: DATE: April 20, 2010 BY:
'
~r
t~CKGIZO /ANAI..YSIS
Attached. is the business license agenda for the April 26, 2010 Council meeting. This agenda consists
of applications for 2010 Contractor licenses.
At the top of the Iicense agenda you will notice a phrase stating *Signed ilJaiver Form Accompanied
Application. This means that the data privacy farm has been submitted as required. If not submitted,
Certain iri°Cirmation Cannot I'rc reicasc"d tt'i tiiC public.
RECOMMENDET) MO'T'ION:
Move to approve the items as Listed on the business Iicense agenda for April 26, 2010 as presented.
COUNCIL ACTION:
TO CITY COUNCIL April 26, 2010
35
*Signed Waiver Form Accompanied Application
CONTRACTOR'S LICENSES -2010
BLDG *Kodiak Construction
Steve Hauck Plumbing
*Schulties Plumbing Inc
2607 Brighton Ave NE, Mpls $60
16413 Jaspar St NE, Ramsey $60
1521 94t" Ln NE, Blaine $60
Residential Heating & AC
*Hilliard Htg & Cooling
*SR Mechanical
*7 Metro Heating & AC
Heins Plumbing & Htg
Legend Mechanical
*Modern Htg & AC
*Golden Valley Htg &AC
*All Brite Sign Inc
*Designer Sign Systems
Steve Martin Const LLC
Construction Results Corp
*Window Concepts
Greenstone Assoc LLC
1815 E. 41St St, Mpls
13790 268t" Ave, Zimmerman
7320 Oxford St #200, St Louis Pk
609 150t" Ave NE, Ham Lake
13140 Basswood Ln, Rogers
8555 West 123`d St, Savage
2318 1St St NE, Mpls
S 182 W Broadway, Crystal
$60
$60
$60
$60
$60
$60
$60
$60
13325 Commerce Blvd #3, Rogers $60
9975 Flanders Ci-t, Blaine $60
3430 Douglas Dr N, Crystal $60
14170 23`d Ave N, Plymouth $60
990 Lone Oak Rd, Eagan $60
3207 Central Ave NE, Mpls $60
36
CITY OF COLUMBIA HEIGHTS
FINANCE DEPARTMENT
COUNCIL MEETING OF: April 26, 2010 .
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 Nulriber 13377 through 13539 in the
amount of ~ 831.274.06
These checks have been examined and found to be legal charges against the CITY OF
COLUMBIA HEIGHTS, and are hereby, recommended for payment.
37
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V
CITY COUNCIL LETTER
Meeting of April 26, 2010
AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY
Hearings Fire MANAGER
NO: APPROVAL
ITEM: Adopt Resolution For BY: Gary Gorman BY: '~ ~
Abatement ° ''
DATE: April 22, 2010 f
DATE:
NO: 10-32
Declaration of a nuisance and abatement of violations within the City of Columbia
Heights is requested regarding properties at
2010-32 - 39?0 University Avenue N.E.
for failure to meet the requirements of the Property Maintenance Cade.
RECOMMENDED MOTION: Move to close the public hearing and to waive the
reading of Resolution Number 2010-32 there being ample copies available to the
public.
RECOMMENDED MOT10N: Move to adopt Resolution Number 2010-32 being a
resolution of the City Council of the City of Columbia Heights declaring the property
listed a nuisance and approving the abatement of violations from the property
pursuant to City Code section 8.206.
COUNCIL ACTION:
,.~°.
45
RESOLUTION 2010-32
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 Gregory Stull (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 3930 University
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 regular mail to the owner of record on Apri122, 2010.
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 March 1?, 2010 the Fire Department responded to a fire at the address listed above.
After the situation was under control the Fire Chief ordered an immediate abatement and that
the property be secured. The Fire Chief ordered the Public Works Department to respond to
the assns and assure the property with the proper fencing.
2. That on April 22, 2010 the Fire Department sent statement of cause to the registered owner
of the property at the address listed in the Anoka County Property Records database.
3. That based upon said records ofthe Fire Depariment, the following conditions acid vioiatioiis
of City Codes(sl were found to exist and have been abated, to wit:
A. Approve the immediate abatement of the hazardous situation located at 3930
University Avenue N.E.
d. That all parties, including the c~~%ner 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 j and 8.206(Fs j.
CONCLUSIONS OF COUNCIL
1. That the property located at 3930 University Avenue N.E. is in violation ofthe provisions of
the Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That al l 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.
46
ORDER OF COUNCIL
1 e The property located at 3930 University 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.
Passed this day of 2010
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
PatrlCia iv%it$%,o`v'itZ,~iv~iC
City Clerk
47
CITY COUNCIL LETTER
Meeting of April 26, 2010
AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY
Fire MANAGER.
NO: APPROVAL
'f
ITEM: Adapt Resolutions For BY: Gary Gorman BY: ,`
Revocation ~- ~~ - -
DATE: April 20, 2010 DATE:
NO: 2010-27 to 2010-30
Revocation ofthe license to operate a rental unit within the City of Columbia Heights is
requested against rental properties at
2010-27 - 4241 2°d Street
201.0-28 - 5037-39 Jackson St
2010-29 - 4061 Maureen Drive
2010-30 - 607-609 38`" Avenue
for failure io meei the requirements of the Residential iviaintenance Codes.
RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of
Resolution Numbers 2010-27, 28, 29, and 30 being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution Numbers 2010-27, 28, 29, and 30
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 licenses
1 i sted.
COUNCIL ACTION:
48
RESOLUTION 2010-27
Resolution of the City Council for the City of Columbia Heights approving revocation
pursuantto City Code, Chapter SA, Article IV, Section SA.408(A} ofthat certain residential
rental license held by Dan Schreier (Hereinafter "License Holder"}.
Whereas, license holder is the legal owner of the real property located at 4241-43 2na 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 March 31, 2010 of an public hearing to be held on April 26,
2010.
Now, therefore, in accordance with the foregoing, and all ordinances and regulations ofthe
City of Columbia Heights, the City Council of the City of Columbia Heights makes the
following:
FINDINGS OF FACT
1. That on April 29, 2009 inspectors for the City of Columbia Heights, inspected the
property described above and noted violations. A compliance letter listing the
violations was mailed by regular mail to the owner at the address listed on the Rental
Housing License Application.
2. That on December 7, 2009 an extension of time was granted in order to make the
repairs.
3. That on March 8, 2010 inspectors for the City of Columbia Heights performed a
reinspection and noted that violations remained uncorrected.
4. That on March 3 1, 2010 inspectors for the City of Columbia Heights checked records
for this property and noted that the violations remained uncorrected. A statement of
car,se was mailed via regular mail to the owner ar the address listed on the rental
housing license application.
5. That based upon said records of the Enforcement Office, the following conditions
and violations of the City's Property Maintnenance Cade were found to exist, to-wit:
a. Shall repair the electrical in the building, it only works in half the apt. Shall
have a licensed electrician do the repair work.
6. That all parties, including the License Holder and any occupants or tenants, l-iave
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 F9588 is hereby revoked.
2. The City will post for the purpose of preventing occupancy a copy of this order on
49
the buildings covered by the license held by License Holder.
3. All tenants shall remove themselves from the premises within 45 days from the first
day of posting of this Order revoking the license as held by License Holder.
Passed this day of 2410
Offered by:
Second by:
Roll Call:
Mayor Crary L. Peterson
Attest:
Patricia Muscovitz. CMC
City Clerk
50
RESOLUTION 2010-28
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 Paul Klinefetter (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 5037-39 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 an April 6, 2010 of an public hearing to be held on April 26,
2010.
Now, therefore, in accordance with the foregoing, and ail ordinances and regulations ofthe
City of Columbia Heights, the City Council of the City of Columbia Heights makes the
following:
FINDINGS OF FACT
1. That on or about February 15, 2010, inspection office staff sent a letter requesting the
owner of the property to renew the rental license for this property. The letter was
mailed by regular mail to the owner at the address listed in the property records.
2. That on April 6, 2010 inspection office staff reviewed the property file and Hated that
the property remained unlicensed. A Statement of Cause was mailed by regular mail
to the owner at the address listed in the property records.
3. That based. upon said records of the Enforcement Office, the following conditions
and violations of the City's Residential Maintenance Code were found to exist, to-
wit:
a. Failure to submit renewal rental license application and fees
b. Failure to schedule an annual rental relicensing inppection
4. That all parties, including the License Holder and any occupants or tenants, have
been given the appropriate notice of this hearing according to the provisions of the
City Code, Chapter SA, Article III SA.306 and SA.303(A).
ORDER OF COUNCIL
The rental license belonging to the License Holder described herein and identified by
license number F9504H 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.
51
Passed this ,day of 2010
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
52
RESOLUTION 2010-29
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 Jillian Bohumil (Hereinafter "License Holder"}.
Whereas, license holder is the legal owner of the real property located at 4061 Maureen.
Drive, 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 April 6, 2010 of an public hearing to be held on April 26,
201 a.
Now, therefore, in accordance with the foregoing, and all ordinances and regulations ofthe
City of Columbia Heights, the City Council of the City of Columbia Heights makes the
following:
FINDINGS OF FACT
1. That on or about February 15, 2010, inspection office staff sent a letter requesting the
owner of the property to renew the rental license for this property. The letter was
mailed by regular mail to the owner at the address listed in the property records.
2. That on April 6, 2010 inspection o#tice statt~reviewed the property f le and noted that
the property remained unlicensed. A Statement of Cause was mailed by regular mail
to the owner at the address listed in the property records.
3. That based. upon said records of the Enforcement Office, the following conditions
and violations of the City's Residential Maintenance Code were found. to exist, to-
wn:
a. Failure to submit renewal rental license application and fees
4. That all parties, including the License Haller 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
The rental license belonging to the License Holder described herein and identified by
license number F9450 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;
All tenants shall remove themselves from the premises within 60 days from the first
day of posting ofthis Order revoking the License as held by License Holder.
53
Passed this day of 2010
Offered hy:
Second hy:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk.
54
RESOLUTION 2010-30
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 CNC Houses, LLC (Hereinafter "License Holder").
Whereas, license holder is the legal owner ofthe real property located at 607-09 38`h 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 anal reasons for the proposed Council action contained herein was
given to the License Holder on April 6, 2010 of an public hearing to be held on April 26,
2010.
Now, therefore, in accordance with the foregoing, and all ordinances and regulations ofthe
City of Columbia Heights, the City Council of the City of Columbia Heights makes the
following:
FINDINGS OF FACT
1. That on or about February 15, 2010, inspection office staff sent a letter requesting the
owner of the propertv to renew the rental license for this property. The letter was
mailed by regular mail to the owner at the address Listed in the property records.
2. That on April 6, 2010 inspection office staf# reviewed the property file and noted that
the property remained unlicensed. A Statement of Cause was mailed by regular mail
to the owner at the address listed in the property records.
3. That based upon said records of the Enforcement Office, the following conditions
and violations of the City's Residential Maintenance Code were found to exist, to-
wn:
a. Failure to submit renewal rental license applicatian and fees
4. That all parties, including the License Holder and any occupants or tenants, have
been given the appropriate notice ofthis hearing according to the provisions ofthe
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 F9513 is hereby revoked;
2. The City will post for the purpose of preventing occupancy a copy ofthis order on
the buildings covered by the license held by License Holder;
All tenants shall remove themselves from the premises within 60 days from the first
day of posting ofthis Order revoking the license as held by License Holder.
55
Passed this day of 2010
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
56
COLUMBIA HEIGHTS -CITY COUNCIL LETTER
Meeting of: April 26, 2010
AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S
NO: Administration APPROVAL,
ITEM: Second Reading Ord.
BY: Patty Muscovitz i
BY: ~f/,.,--~ ` ~°
E
1580 -Chan e Primar Date
g Y DATE: Aril 20, 201.0
p / `!"u ~
DAT
~
NO:
Background:
On March 3, 2010, Governor Pawlenty signed Senate File 2251 in to law. The bill moves up the
date of Minnesota's primary election to the second Tuesday in August in order to ensure that
military and overseas voters will have adequate time to receive and return absentee ballots for
the general election in November.
Our City Code currently indicates that the primary election date shall be held on the first
Tuesday after the second Monday in September of any year in which a municipal general
election is to be held.
Recommendation:
To correct this language to meet the new state law, it is recommended to read: The primary
election date shall be held on the date established by Minnesota state law.
Recommended Motion: Move to waive the reading of Ordinance No. 1580, there being ample
copies available to the public.
Recommended Motion: Move to adopt Ordinance 1580, being an Ordinance amending
Ordinance No. 1490 City Code of 2005 relating to the date change of the State Primary Election.
COUNCIL ACTION:
57
ORDINANCE NO. 1580
BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005,
REGARDING ESTABLISHED DATE FOR THE PItI1VIA12Y ELECTION
The City of Columbia Heights does ordain:
Chapter 2, Article I, Section 2.2101. of the Columbia Heights City Code, which currently reads as follows:
2.101 ELECTIONS
(A) The municipal election day for the city shall be the first Tuesday after the first Monday in
November of every even-numbered year.
(B) Persons who are elected to municipal offices on that date shall assume the duties at the time
of the first regularly scheduled Council meeting in January following a regular municipal
election.
(C) The four-year term of office for Council members shall be staggered so that the offices of no
more than two Council members will be on the ballot for each municipal election. Provided,
however, that if a vacancy exists on the council, the city shall forthwith appoint an eligible
person to fill the same until the next regular municipal election, when the office shall be
filled for the unexpired term, and that such office may be on the ballot in addition to the two
offices provided for herein.
(D) The primary election date shall be held on the first Tuesday after the second Monday in
September of any year in which a municipal general electron is to be held.
Is hereby amended to read as follows:
2.101 ELECTIONS
(E) The municipal election day for the city shall be the first Tuesday after the first Monday in
November of every even-numbered year.
(F) Persons who are elected to municipal offices on that date shall assume the duties at the time
of the first regularly scheduled Council meeting in January following a regular municipal
election.
(G) The four-year term of office for Council members shall be staggered so that the offices of no
more than two Council members will be on the ballot for each. municipal election. Provided,
however, that ifa vacancy exists on the council, the city shalt forthwith appoint an eligible
person to fill the same until the next reg'ilar municipal election, when the office shall be
filled for the unexpired term, and that such affice may be on the ballot in addition to the two
offices provided fC3r iiiJrE'1ii.
(H} The primary election date shall be held on the date established by Minnesota State law.
This Ordinance shalt be in full force and effect from and after thirty (30) days after its passage.
First Reading: April 12, 2010
Second Reading: April 26, 2010
Date of Passage:
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Patricia Muscovitz, CMC
City Clerk
58
CITY COUNCIL LET'1'E12
Meeting of: Apri126, 2010
AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER
NO: B Community Development APPROVAL
ITEM: Demolition Bid for 3853 3`d Street, 41 IO 6`'' BY: Sheila Cartney BY: Scott Clark
street and 4303 Reservoir Blvd DATE: April 26, 2010
Background Information: The subject three lots have been recently purchased as part of the City's scattered site housing
program, a single family home occupies all lots. The next step in the process is the demolition of the properties, 21 bid
specification packages were sent out for quotes. On April 23r`~ the Community Development Department received i 3 bids. The
low responsible bid was $22,838 from Demo Dig and Haul. We have used Demo Dig and Haul on two of our previous demos.
The bid summary follows:
Construction F+'irm Environmental General Demo Tatai
DI,T Construction ? $24,800 $24,800
Veit & Com any $1,320 $26,913 $28,233
El and Excavating $6,150 $50,490 $56,640
All. Metro Excavating $4,900 $21,500 $26,400
Landwehr Const. $2,800 $36,068 $38,868
Rayca Excavating $6,375 $21,200 $27.575
_Drobnicks ---- ~
--- $3,890__ -- $21,110 __ $25,000
KA Karnish
( $3,895 $26,100 $29,995
Neisen $3,500 523,450 $26,9.50
Ironwood Co $2,500 539;220 $41,720
Slaaw Drainage $2,450 $20,000 $22,450
Demo Di and Maul 53,890 518,948 $22,838
Carl Bolander $3,250 $42,582 $45,842
The above total bids are far the bttildi~7g demolition. h~ addition, the other demolition costs for properties are the utility
disconnects, which includes street and curb restoration, which are done through a contract with the Public Works Department.
The costs associated with tl~e discom~ects for two of the properties is $14,200 total or $7,100 for each property, the disconnect t~~r
4303 reservoir Blvd has not been fully completed at the time of this memo. Tire earvironmental survey for report was $1,349
total fot- all three properties or $449.67 for each property.
Staff I~ecam endatlon: Staff recommends issuing the demolition contract to Demo Dig and Haul bawd on very positive past
experience with their services in Columbia Heights and other municipalities in the metro area, their most recent work was with
the DNR. Sl1aw Drainage is $388 less than Demo Dig and Haul, but have not provided. any references upon request and they
haven't done any demolition work for any other municipalities; therefore staff is not comfortable supporting their bid.
I2ecammended 1~Iatian: Move to approve the demolition contract award far Demo Dig and Haul h1c, in the amount of $22,838
for properties located at 3853 3'~d Street, 4110 6`i' Street and 4303 Reservoir Blvd.
Attachments: Spreadsheet of total costs
CO~'1`ICu, ACTION:
'Purchase Closing 'Closed Curb
Address :P rice Cost date ' stop ___
4108 7th ~ 19,900, 793 j 5122/2009; 6,896.10
--
4502 Wasl: - ~
35,000
275
5/26/20091 - -
2,352.75
-- - --
4448 4uirn -
29,9001
51
7/17/2009
7,100.00
4235 WasV
39,000'
273.6 -- -
10/7/2009 - - --
8,561.05
3853 3rd 49 900 97
2
52 10/29/2009 7,100.00
4110 6th .. 40 OOOL _
_
850.681 ,
10/29/2009 7,100.00
,I - _ ; $3.400
4303 Resei $52,5001 874.951 12/21/2009iestimate I,
~_ - -_ - _
* teased on recommended demolition contract with Demo
Env E~emo ITotat
survey j cost ~ spent
$488G $7,970 $36,047
-.
$488 $7,9701 $46 086
$490 $7,002 $44 543
- -- - -
490I 6,000 54,325
__ ~ --.. _
449 67, *7612.6~ 66,034.85
-- --
449.67~7612.66 ' 56,013.01
449.67*7612.66 ~ 64,837.
and Haul
PUBLIC HEARINGS TO BE REMOVED FROM THE AGENDA FOR THE APRIL
26, 2010 MEETING.
REMOVE -MOTION: Move to adopt Resolution Number 2010-28, being a
Resolution of the City Council of the City of Columbia Heights approving revocation
pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental
license held by Paul Kleinfetter regarding rental property at 5037-39 Jackson
Street N.E.
REMOVE -MOTION: Move to adapt Resolution Number 2010-29, being a
Resolution of the City Council of the City of Columbia Heights approving revocation
pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental
license held by Jillian Bohumil regarding rental property at 4061 Maureen Drive.