HomeMy WebLinkAbout11/08/2010 Regular CITY OF COLUMBIA HEIGHTS Mawr
Gag L. Peterson
590 40` Avenue NE, Columbia Heights, MN 55421 -3878 (763)706 -3600 TDD (763) 706 -3692 Councilmembers
Visit our website at: www.c colunnhia- heights,nan.us Robert A. Williams
Bruce Nawrocki
Tammera Diehm
Bruce Kel_enberg
City Manager
Walter R. Fehst
The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on
Monday, November 08, 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 Pastor Dan Thompson Columbia Heights Assembly of God Church
2. PLEDGE OF ALLEGIANCE
3. ADDITIONS/DELETIONS TO MEETING AGENDA
(The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items
brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation
deadline.)
4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS
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 City Council meeting. p4
MOTION: Move to approve the minutes of the October 25, 2010 City Council meeting.
B. Accept minutes of the Columbia Heights Boards and Commissions p14
MOTION: Accept minutes of the October 21, 2010 Charter Commission meeting.
MOTION: Accept minutes of the October 6, 2010 Library Board meeting. p27
C. Adopt Resolution No. 2010 -114, being a Resolution Canvassing Municipal General Election
results. p29
MOTION: Move to waive the reading of Resolution 2010 -114, there being ample copies
available to the public.
MOTION: Move to adopt Resolution No. 2010 -114, being a Resolution Canvassing Municipal
General Election results.
D. Approve Transfer of Funds for Unique Thrift from General Fund to Police Dept. Budget p32
Overtime Line #1020.
MOTION: Move to transfer $2,497.50, the amount of money received from Unique Thrift as
reimbursement for overtime worked from the General Fund to the 2010 Police Department
budget line 1020, Overtime.
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Monday, November 08, 2010
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E. Adopt Resolution 2010 -112, being a Resolution authorizing use of the unexhausted portion of
the employer contribution to insurances toward a health savings account (HSA). p34
MOTION: Move to waive the reading of Resolution 2010 -112, there being ample copies
available to the public.
MOTION: Move to adopt Resolution 2010 -112, being a Resolution authorizing use of the
unexhausted portion of the employer contribution to insurances toward health savings account
(HSA).
F. Approve Business License Applications p36
MOTION: Move to approve the items as listed on the business license agenda for November 8,
2010 as presented.
G. Approve payment of the bills. p 38
MOTION: Move to approve payment of the bills out of the proper funds, as listed in the attached
check register covering Check Number 136759 through 136942 in the amount of $546,552.56.
MOTION: Move to approve the Consent Agenda items.
6. PUBLIC HEARINGS
7. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
B. Bid Considerations
Adopt Resolution 2010-113 being a Resolution Accepting Bids and Awarding the Contract for
2010 Sanitary Sewer Lining. City Project No. 1004, to Visu- Sewer, Inc. p46
MOTION: Move to waive the reading of Resolution 2010 -113, there being ample copies
available to the public.
MOTION: Move to adopt Resolution 2010 -113, being a resolution accepting bids and awarding
the contract for 2010 Sanitary Sewer Lining, City Project No. 1004 including Alternate 1 to
Visu- Sewer, Inc. of Pewaukee, Wisconsin based upon their low, qualified, responsible bid in the
amount of $163,659.00 with funds to be appropriated from Fund 652 -51004 -5185; and,
furthermore, to authorize the Mayor and City Manager to enter into a contract for the same.
C. New Business and Reports
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.
10. ADJOURNMENT
Walter R. Fehst, City Manager
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OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
OCTOBER 25, 2010
The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday,
October 25, 2010 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights,
MN.
CALL TO ORDER/ROLL CALL/INVOCATION
Rev. Ruth Hograbe, Community United Methodist Church, gave the Invocation.
Present: Mayor Peterson, Council member Nawrocki, Council member Diehm, Council member
Kelzenberg
Absent: Council member Williams
PLEDGE OF ALLEGIANCE - recited
ADDITIONS/DELETIONS TO MEETING AGENDA
Mayor Peterson removed Resolution numbers 2010 -101, 2010 -103, 2010 -104, and 2010 -107 in that
the properties have been brought into compliance.
Nawrocki indicated he was hospitalized on Friday. He requested to speak on the Columbia Heights
scholarship dinner, the pedestrian bridge, budget, newsletter, letters received on dogs and chickens,
Huset Park foreclosure follow up, and the Root property.
PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS
A. Recognition and Presentation of Certification of Appreciation to Mary Tholkes and Wells Fargo
for the SACA Community Garden at 40th and Jackson Avenue.
Mayor Peterson read the Certificates of Appreciation. Sheila Cartney, Assistant Community
Development Director, gave the history of this community garden. Mary Tholkes submitted the
project of a community garden to benefit SACA to her employer, Wells Fargo. Wells Fargo then
granted her a paid leave to complete this project. 1,068 pounds of food were delivered to SACA.
Ms. Tholkes has indicated she would like to do this again. Also present were Wells Fargo
representatives Brittney and Keith and Pastor Hograbe of Community United Methodist Church.
Peterson thanked her for amount of food harvested off the little plot. Nawrocki referred to the
event held at the garden site and how impressed he was. Peterson thanked the gardeners and
Wells Fargo.
Nawrocki stated that last Friday he received a pacemaker. He encouraged people to get periodic
checkups. He thanked the Council and staff for the flowers he received.
Nawrocki stated that the Columbia Heights High School alumni annual dinner to raise funds for
scholarships will be held next Thursday. He gave the contact information.
CONSENT AGENDA
Nawrocki requested to remove items B, C, D for discussion.
City Manager Walt Fehst took Council members through the Consent Agenda items.
A. Approve minutes of the City Council meeting.
Motion to approve the minutes of the October 11, 2010 City Council meeting.
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B. Approve Transfer of Funds for DWI Task Force, Narcotics Grant Reimbursement and Safe and
Sober from General Fund to Police Dept. Budget Overtime Line #1020 - removed
C. Adopt Resolution 2010 -100 authorizing the execution of agreement and participation in MN
Dept. of Public Safety's Traffic Safety Enforcement projects - removed
D. Approve Demolition Bid for 4039 5th Street, 4421 5th Street. 3842 Tyler, 3846 Tyler, and
1307/09 Circle Terrace Blvd. - removed
E. Approval of the attached list of rental housing licenses.
Motion to approve the items listed for rental housing license applications for October 25, 2010
in that they have met the requirements of the Property Maintenance Code.
F. Approve Business License Applications
Motion to approve the items as listed on the business license agenda for October 25, 2010 as
presented.
G. 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 136579 through 136758 in the amount of $987,028.57.
Motion by Nawrocki, second by Diehm, to approve the Consent Agenda with the exception of items
B, C, and D. Upon vote: All ayes. Motion carried.
B. Approve Transfer of Funds for DWI Task Force, Narcotics Grant Reimbursement and Safe and
Sober from General Fund to Police Dept. Budget Overtime Line #1020
Fehst stated that when grant funds come in, they go to the general fund and this transfers them to
the Police Department budget.
Motion by Nawrocki, second by Diehm, to transfer $1,152.62, the amount of money received
from the MN State Patrol through the Nightcap grant for the Anoka County DWI Task Force,
and $2,000, the amount of money received from Anoka County as partial reimbursement for
overtime worked by the CHPD officer in the Anoka - Hennepin Drug Task Force, and $1,152.62,
the amount of money received from Coon Rapids Police Department for overtime expended for
the August 2010 seat belt wave from the General Fund to the 2010 Police Department Budget
line 1020, Overtime. Upon vote: All ayes. Motion carried.
C. Adopt Resolution 2010 -100 authorizing the execution of agreement and participation in MN Dept. of
Public Safety's Traffic Safety Enforcement projects
Fehst stated this is the continuation of a year long grant received regarding execution of patrol
for DWI and Safe and Sober enforcement and will continue the grant through 2011. Nawrocki
requested the total cost of both programs.
Motion by Nawrocki, second by Diehm, to waive the reading of Resolution 2010 -100, there
being ample copies available for the public. Upon vote: All ayes. Motion carried.
Motion by Nawrocki, second by Diehm, to adopt Resolution 2010 -100 authorizing the execution
of agreement and participation in the Minnesota Department of Public Safety's Traffic Safety
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Enforcement projects. Upon vote: All ayes. Motion carried.
D. Approve Demolition Bid for 4039 5th Street, 4421 5th Street, 3842 Tyler, 3846 Tyler, and 1307/09
Circle Terrace Blvd.
Nawrocki asked if bids to rehab these properties were obtained. Fehst stated that they were
purchased with the intent to demo. Cartney stated the condition of the properties. Nawrocki
indicated that the Circle Terrace property should be looked at for rehab.
Peterson stated that the intention was to tear down these bad homes and change the character of
the neighborhood. With all of the water damage and mold we would lose money. Cartney stated
that the Circle Terrace area has a letter of support from our Police Chief to purchase and remove
bad homes. The goal is to reduce density and remove blighted houses.
Diehm indicated that Circle Terrace takes a large amount of police time. This would reduce the
number of properties and have a positive effect on the neighborhood.
Kelzenberg stated that this is a very reasonable price for demolition. Cartney stated that
demolition will be paid with CDBG funds.
Motion by Kelzenberg, second by to approve the demolition contract award for All Metro
Excavation in the amount of $38,990 for properties located at 4039 5th Street, 4421 5th Street,
3842 Tyler, 3846 Tyler and 1307/09 Circle Terrace Blvd Using CDBG Money.
Motion to amend by Nawrocki to remove the demolition of 1307/09 Circle Terrace Boulevard.
Motion died for lack of a second.
Upon vote of the original motion: Kelzenberg, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. 4
ayes. Motion carried.
PUBLIC HEARINGS
A. Adopt Resolutions 2010 -101, 1140 -42 45th Avenue N.E., 2010 -102, 1131 40th Avenue N.E.,
2010 -103, 679 -81 46th Avenue N.E., 2010 -104, 4223 7th Street N.E., 2010 -106, 4315 5th Street
N.E., 2010 -107, 548 Lomianki Lane, 2010 -108, 4317 5th Street N.E., and 2010 -109, 3806
Gauvitte Street, being Resolutions of the City Council of the City of Columbia Heights
approving rental license revocation for failure to meet the requirements of the Property
Maintenance Codes.
Fire Chief Gary Gorman indicated the reason for license revocation of each property. Diehm
asked if 1131 40` was flagged for foreclosure on our list. Cartney will check on this.
Motion by Kelzenberg, second by Diehm, to close the public hearing and to waive the reading of
Resolution Numbers 2010 -102, 106, 108, and 109 there being ample copies available to the
public. Upon vote: All ayes. Motion carried.
Motion by Kelzenberg, second by Diehm, to adopt Resolution Numbers 2010 -102, 106, 108, and
109, being Resolutions 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
licenses listed. Upon vote: All ayes. Motion carried.
B. Adopt Resolutions 2010 -105, 3930 University Avenue N.E., 2010 -110. 1331 -33 Circle Terrace
Blvd. N.E., and 2010-111, 4243 Washington St. N.E. being declarations of nuisance and
abatement of violations within the City of Columbia Heights.
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Gorman indicated reasons for nuisance and abate violations on the properties. The Root property
fence has been pushed down and concrete dumped on the property. Some out buildings have
been broken into. The gate was removed and staff requests replacement.
Nawrocki requested clarification on what would be done. Gorman explained that the boards put
in place to close the buildings have been damaged and need to be replaced. Nawrocki referred to
the damaged walls and safety concerns. Gorman stated that the buildings can be removed, if
Council wishes, but we would pay the upfront costs. We will continue to monitor the property
until the buildings and foundations are removed. Nawrocki stated this is a problem property.
Peterson questioned our attorney on the City's liability. Jim Hoeft, City Attorney, stated the
owner is responsible and there is a trespassing law. We are not required to give any warranty on
what we do; we are only trying to secure the property. Cartney stated that originally the building
demo was suggested as a city project with payment by assessment. If the buildings were removed
we would have to deal with the soil contamination. Phase one inspection is done, but has not
been paid for. We cannot do phase two until phase one is paid for. Fehst questioned the
foreclosure. Cartney stated the rumor is that the bank has taken it back. Fehst stated that our
responsible is not to upfront the cost. This is an attractive nuisance; there was a fire on the
property. The people that bought the property were not aware of the soil contamination.
Diehm asked where the costs fall in terms of priority. Hoeft stated that foreclosure does not
remove the assessments. For the property to change hands the assessment must be paid or there
must be an agreement with the purchaser to pay them. Diehm indicated her feeling of obligation
to secure the property. Peterson indicated fear of what could happen on the property the week of
Halloween and requested the property be secured by this weekend. Cartney stated that concrete
has now been dumped on the property. Gorman stated that we can look to secure other areas of
the property and place no trespassing signs. Diehm stated that we need to get an answer from the
bank as to who owns the property. Cartney stated that the bank was receptive to the grant idea,
but wants to be sure they are the owners. Nawrocki stated that the north wall is the most
dangerous and felt there would be no contamination in this work area. Gorman indicated that due
to the fire there was a large amount of water that washed contaminates everywhere. Cartney
stated that staff will probably be back next spring to request demo of the outbuildings.
Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of
Resolution Numbers 2010 -105, 1 10, and 111 there being ample copies available to the public.
Upon vote: All ayes. Motion carried.
Motion by Nawrocki, second by Diehm, to adopt Resolution Numbers 2010 -105, 110, and 111
being resolutions of the City Council of the City of Columbia Heights declaring the properties
listed a nuisance and approving the abatement of violations from the properties pursuant to City
Code section 8.206. Upon vote: All ayes. Motion carried.
ITEMS FOR CONSIDERATION - none
ADMINISTRATIVE REPORTS
Report of the City Manager
Fehst reported that the soft opening of the pedestrian bridge was held at 3:00 p.m. Friday afternoon.
The walking surface is ready to be used. Police officers were present before and after school to see
that students use the bridge. The permanent fencing for the bridge will arrive in mid- November. We
anticipate a hard bridge opening in cooperation with the Northeaster. Some clean up may need to be
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completed next year, including plantings. Pedestrians will be required to use the bridge.
Diehm asked if the crossing light will be removed. Fehst stated yes.
Nawrocki stated that he was at the bridge at 4:00 p.m. and 4:30 p.m. and witnessed a total of five
students. Three students used the bridge and two did not. Nawrocki stated that there is a height
difference on the sidewalk by the drugstore. Fehst stated there will be decorative plantings placed to
require use of the bridge.
Fehst stated that the bridge will be there for 40 to 50 years and is now handicap accessible. As we
were ready when the stimulus money became available, we were able to do this project. This
provided jobs and $2.5 of the $3 million carne from the federal government. We replaced a decaying
bridge that was not handicapped accessible. Nawrocki stated this was taxpayer dollars, whether
federal or local dollars. Nawrocki questioned if we have finished the agreement with the Savers
property. Fehst they were not happy with the judgment and they are considering an appeal.
Nawrocki questioned the appeal amount. Fehst will provide that information.
Nawrocki stated that he brought up questions on the budget and is waiting for the answers. Fehst
indicated that the November 1 work session would be cancelled. Diehm suggested one budget wrap
up meeting prior to the December meeting vote.
Nawrocki questioned the budget article for the newsletter. Fehst stated that the Finance Director will
have the article ready tomorrow. Diehm requested an article in the newsletter regarding openings on
the Charter Commission.
Nawrocki questioned discussing an ordinance covering dogs and chickens. Fehst indicated we are
not looking at regulating chickens. Nawrocki asked that the requestor receive a response. He referred
to another resident letter questioning the need to continue dog licensing. Peterson requested this be
discussed at a work session. Fehst stated that the City of Fridley has abandoned this licensing.
Nawrocki requested the pros and cons of licensing dogs. Diehm indicated that she was approached
regarding adding a dog park and requested this be discussed at the same time.
Nawrocki indicated that a follow up letter on the development foreclosure has not been received.
Cartney stated that we have not heard back from the EDA attorney and have not received the follow
up information.
Nawrocki spoke of the history to obtain a community center and his suggestion to work with the
schools for a gymnasium. What we did in building the gym was good, though has not yet proved
economically feasible. He stated his appreciation that Windschitl, Recreation Director, spends his
mornings at the gym doing his work there. Fehst indicated he would like to see a combined gym
license to blend rates. Fehst also referred to the history leading up to the building of the gymnasium.
Report of the City Attorney — nothing to report.
CITIZENS FORUM
Kay Mayer, 1115 42 " Avenue, indicated her displease with the funds spend on the pedestrian bridge
and did not feel it needed to be built. She stated that only Council member Nawrocki responded to her
email and asked how she would pay for a 20% increase in her taxes. Fehst stated he tried to contact
her and explained the plan to get off of local government aid. The plan has been extended to reflect
the current economy. Diehm stated that we are still in the budget process. Mayer explained other
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difficulties in her life and finances and expressed displeasure in any tax increase.
Roger Strom, 690 47 Avenue, stated that he witnessed someone in the closed smoke shop on Central
Avenue and questioned the store's status. Fehst stated they are closed and cannot sell to the general
public. Nawrocki stated their license was revoked until the end of the year.
Malcolm Watson, 1717 49` Avenue, questioned when the next budget meeting will be held. Fehst
stated sometime in November. Diehm indicated the final action will be in December. Watson gave the
history on the first pedestrian bridge built 41 years ago. Nawrocki indicated that bridge was built and
owned by MnDOT and this bridge will continue to be owned by MnDOT.
Nawrocki stated that the General Election is next Tuesday and he encouraged everyone to exercise
their right to vote.
Peterson: Remember our service men and women; don't take yourself too seriously, and do a random
act of kindness.
ADJOURNMENT
Mayor Peterson adjourned the meeting at 8:29 p.m.
Patricia Muscovitz CMC
City Clerk
RESOLUTION NO. 2010-100
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT AND PARTICIPATION IN TRAFFIC SAFETY
ENFORCEMENT PROJECTS
WHEREAS, the City of Columbia Heights Police Department is authorized to enter into grant agreements with the Minnesota
Department of Public Safety for projects entitled Minnesota State Patrol Grant Programs during the period October 1, 2010
through September 30, 2011; and
WHEREAS, that the Blaine Police Department is hereby authorized to be the fiscal agent and administer these grants on behalf
of the Columbia Heights Police Department.
NOW, THEREFORE BE IT RESOLVED that the Chief of Police is hereby authorized to execute such agreements and
amendments as are necessary to implement these projects on behalf of the Columbia Heights Police Department.
RESOLUTION 2010 -102
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article
IV, Section 5A.408(A) of that certain residential rental license held by Ricardo Cadman (Hereinafter "License Holder ").
Whereas, license holder is the legal owner of the real property located at 1131 40 Avenue N.E., Columbia Heights, Minnesota,
Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons
for the proposed Council action contained herein was given to the License Holder on September 22, 2010 of an public hearing to
be held on October 25, 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 August 17, 2010 inspectors for the City of Columbia Heights, inspected the property described above and noted
violations. A compliance letter listing the violations was nailed by regular mail to the owner at the address listed on the
Rental Housing License Application.
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2. That on September 22, 2010 inspectors for the City of Columbia Heights performed a reinspection and noted that
violations remained uncorrected. . A statement of cause was mailed via regular mail to the owner at the address listed
on the rental housing license application.
3. That on October 13, 2010 inspectors for the City of Columbia Heights checked records for this property and noted that
the violations remained uncorrected
a. That based upon said records of the Enforcement Office, the following conditions and violations of the City's
Property Maintenance Code were found to exist, to -wit: Shall install a listed Carbon Monoxide alarm within ten
(10) feet of each room lawfully used for sleeping purposes and shall replace all missing light fixtures.
4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of
this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by license number F10565 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 45 days from the first day of posting of this Order
revoking the license as held by License Holder.
RESOLUTION 2010 -105
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 11, Section 8.206, written notice setting forth the causes and
reasons for the proposed council action contained herein was sent via regular mail to the owner of record on October 19, 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 17, 2010 the Fire Department responded to a fire at the address listed above. On October 19, 2010 the
Fire Chief ordered an immediate abatement and that the property be secured.
2. That on October 19, 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 of the Fire Department, the following conditions and violations of City Codes(s) were
found to exist and have been abated, to wit: Approve the immediate abatement of the hazardous situation located at 3930
University Avenue N.E.
4. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of
this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 3930 University Avenue N.E. is in violation of the provisions of the Columbia Heights City
Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings
relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may
be, have expired, or such rights have been exercised and completed.
ORDER OF COUNCIL
1. 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.
RESOLUTION 2010 -106
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article
IV, Section 5A.408(A) of that certain residential rental license held by Federal National Mortgage Association (Hereinafter
"License Holder ").
Whereas, license holder is the legal owner of the real property located at 4315 5 Street N.E. Columbia Heights, Minnesota,
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Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons
for the proposed Council action contained herein was given to the License Holder on October 5, 2010 of an public hearing to be
held on October 25, 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 or about August 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 October 5, 2010 inspection office staff reviewed the property file and noted that the property remained
unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records.
3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential
Maintenance Code were found to exist, to -wit: Failure to submit renewal rental license application and fees.
4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of
this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by license number F10065B 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 45 days from the first day of posting of this Order
revoking the license as held by License Holder.
RESOLUTION 2010 -108
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article
IV, Section 5A.408(A) of that certain residential rental license held by Bruce McKenzie (Hereinafter "License Holder ").
Whereas, license holder is the legal owner of the real property located at 4317 5 Street Lane N.E. Columbia Heights, Minnesota,
Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons
for the proposed Council action contained herein was given to the License Holder on October 6, 2010 of an public hearing to be
held on October 25, 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 or about August 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 October 6, 2010 inspection office staff reviewed the property file and rioted that the property remained
unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records.
3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential
Maintenance Code were found to exist, to -wit: Failure to submit renewal rental license application and fees
4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of
this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by license number F10064A 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 45 days from the first day of posting of this Order
revoking the license as held by License Holder.
RESOLUTION 2010 -109
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article
IV, Section 5A.408(A) of that certain residential rental license held by Profile Properties, LLC (Hereinafter "License Holder ").
Whereas, license holder is the legal owner of the real property located at 3806 Gauvitte Street N.E. Columbia Heights, Minnesota,
11
City Council Minutes
Monday, October 25, 2010
Page 9 of 10
Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons
for the proposed Council action contained herein was given to the License Holder on October 6, 2010 of an public hearing to be
held on October 25, 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 or about August 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 October 6, 2010 inspection office staff reviewed the property file and noted that the property remained
unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records.
3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential
Maintenance Code were found to exist, to -wit: Failure to submit renewal rental license application and fees.
4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of
this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by license number F9989 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 45 days from the first day of posting of this Order
revoking the license as held by License Holder.
RESOLUTION 2010 -110
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 I1, of City Code, of the property owned by Adel Hegazi (Hereinafter "Owner
of Record ").
Whereas, the owner of record is the legal owner of the real property located at 1331 -1333 Circle Terrace Blvd. N.E., Columbia
Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and
reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 23, 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 August 18, 2010 an inspection was conducted on the property listed above. Inspectors found violations. A
compliance order was sent via regular mail to the owner at the address.
2. That on September 23, 2010 inspectors re- inspected the property listed above. Inspectors noted that violations remained
uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property
records.
3. That on October 14, 2010 inspectors re- inspected the property and found that violations remained uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were
found to exist, to wit:
A. Shall replace /repair all torn screens
B. Shall clean out the gutters
C. Shall remove all graffiti
D. Shall repair the broken deck hand railing
E. Shall repair all broken deck boards
5. That all parties, including the owner of record and any occupants or tenants. have been given the appropriate notice of
this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 1331 -1333 Circle Terrace Blvd. N.E. is in violation of the provisions of the Columbia
Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings
relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may
be, have expired, or such rights have been exercised and completed.
ORDER OF COUNCIL
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City Council Minutes
Monday, October 25, 2010
Page 10 of 10
1. The property located at 1331 -1333 Circle Terrace Blvd. N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
RESOLUTION 2010 -111
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 I1, of City Code, of the property owned by Anthony Kazmericzak (Hereinafter
"Owner of Record ").
Whereas, the owner of record is the legal owner of the real property located at 4243 Washington Street N.E., Columbia Heights,
Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and
reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 30, 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 August 25, 2010 an inspection was conducted on the property listed above. Inspectors found violations. A
compliance order was sent via regular mail to the owner at the address.
2. That on September 30, 2010 inspectors re- inspected the property listed above. Inspectors noted that violations remained
uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property
records.
3. That on October 15, 2010 inspectors re- inspected the property and found that violations remained uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were
found to exist, to wit:
A. Shall repair the roof
B. Shall repair the fence
C. Shall remove the dead tree (and all of the tree stump(s)) to within 2 -4 inches below ground level. Shall remove
all tree materials (brush)
5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of
this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 4243 Washington Street N.E. is in violation of the provisions of the Columbia Heights City
Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings
relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may
be, have expired, or such rights have been exercised and completed.
ORDER OF COUNCIL
1. The property located at 4243 Washington Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
3. That on August 25, 2010 an inspection was conducted on the property listed above. Inspectors found violations. A
compliance order was sent via regular mail to the owner at the address.
4. That on September 30, 2010 inspectors re- inspected the property listed above. Inspectors noted that violations remained
uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property
records.
5. That on October 15, 2010 inspectors re- inspected the property and found that violations remained uncorrected.
6. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were
found to exist. to wit:
A. Shall repair the roof
B. Shall repair the fence
C. Shall remove the dead tree (and all of the tree stump(s)) to within 2 -4 inches below ground level. D. Shall remove
all tree materials (brush)
7. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of
this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B).
13
COLUMBIA HEIGHTS CHARTER COMMISSION
MINUTES
October 21, 2010 These
7:00 p.m. minutes are
Conference Room 1 NOT
City Hall approved
Columbia Heights, MN
CALL TO ORDER:
The meeting was called to order by Vice President Matt Abel at 7:04 p.m.
ROLL CALL:
Present: Matt Abel, Roger Johnson, Nancy King, Carolyn Laine (7:10 p.m.), Michael Patiuk,
Nicholas Rivers, Rachel Schwankl, Charles A. Tyler
Members absent and excused: Dan Vogtman, Katherine Pepple
Members absent and unexcused: Joe Clason
Also Present: Tami Diehm, Council Liaison; Carole Blowers, Recording Secretary
Absent: Jim Hoeft, City Attorney
APPROVAL OF MINUTES:
Motion was made and seconded to approve the July 15, 2010, minutes with a few corrections requested by Vice
President Abel. Motion passed unanimously.
CORRESPONDENCE:
The Recording Secretary reported the following correspondence since our last meeting in July:
7/28/10 Emailed Dan Vogtman re: Changes to Chapter 2, Section 10A, Chapter 7, Section 72, Chapter 9,
Sections 87 -92 will be discussed at 8/2/10 work session and asked if he could attend
7/29/10 Emailed Dan Vogtman with the paperwork for the council letter and the three ordinance changes
for 8/2/10 work session.
8/4/10 Appropriate council letter and ordinance paperwork forwarded to City Clerk for inclusion on the
city council meeting agenda of 8/9/10
8/5/10 Received email from Caroline Dahl, Lino Lakes, and responded to her regarding access to our
Charter Commission minutes via the web. Worked with our IS department to make this happen.
8/9/10 Emailed Caroline Dahl again regarding above and received a thank you.
8/9/10 First reading of the three proposed charter ordinances was held at the city council meeting and
all were approved. Dan Vogtman attended meeting.
8/12/10 Dan Vogtman updated everyone via email regarding the status of the three ordinance changes
and that the second reading would be August 23
8/23/10 Ordinance changes had their second reading at the city council level and were approved, and.
they will take effect in 90 days
9/21/10 Dan Vogtman advised he cannot attend the October meeting. Advised VP Matt Abel; he will be
available for the October meeting.
10/7/10 Draft agenda /minutes were sent via email to Dan Vogtman and Matt Abel for their review.
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Columbia Heights Charter Commission
October 21, 2010
14
10/13/10 Mailed out agenda and minutes to all members, City Manager, Council Liaison Tami
Diehm, and the City Attorney.
10/14/10 Received phone call from Commissioner Kathleen Pepple that she will not be able to attend
October meeting.
STATUS OF THE COMMISSION:
We currently have 11 of 15 possible members. The Recording Secretary mentioned that one member has had
four consecutive unexcused absences, and thus she will need to send a letter to the Chief Judge having that
person removed from the commission. Discussion was held on recruiting new members. Carole stated she
usually does the cable messages, but with the equipment down, she cannot do that at this time. She will try to
get an article in the next city newsletter which is coming out very soon (if it's not too late to submit an article).
She will also make a poster to put in the city's inside bulletin board and outside bulletin board. Nick Rivers
stated he had a contact with the Northeast Newspaper, and he would forward that information to Carole so she
can get an article in the Northeast Newspaper.
OLD BUSINESS:
Changes to Chapter 2, Section 10A, Chapter 7, Section 72, and Chapter 9, Sections 87 -92 were all approved by
the City Council on August 23 as mentioned above. They will take effect in 90 days from the second reading
by the City Council.
Vice President Abel stated that based on past discussions at Charter Commission meetings, we need to hold
second readings of changes to:
• Chapter 4, Section 28A
• Chapter 4, Section 33
• Chapter 6, Section 56
• Chapter 7, Section 70, and
• Chapter 7, Section 74.
CHAPTER 4, NOMINATIONS AND ELECTIONS,
SECTION 28A, THE PRIMARY ELECTION
The proposed changes are as follows:
Chapter 4, Section 28A, of the Charter of the City of Columbia Heights which currently reads as follows, to wit:
Section 28a. THE PRIMARY ELECTION. A primary municipal election 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 for the
purpose of electing officers, at the same place or places as general elections are held and like officers shall
preside at such elections.
The purpose of such primary election shall be to select candidates to be voted for at the general
municipal election. The candidates for nomination to each office who shall receive the greatest number of votes
in such primary election shall be placed upon the ballot of the next general election in numbers not to exceed
double the number of vacancies to be filled, and no other name shall be placed upon the ballot for such general
election than the candidates selected at said primary election. When not more than twice the number of
individuals to be elected to a municipal office file for nomination to any municipal office, no primary shall be
held, and the names of those having filed shall be placed on the municipal general election ballot as the nominee
for that office. Any person desiring to become a candidate for an elective office in the general municipal
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Columbia Heights Charter Commission
October 21, 2010
15
election shall file with the city clerk at least fifty -six days prior to but not more than seventy days prior to said
primary municipal election an affidavit of such candidacy as set forth in Minnesota Statutes 204B.06, subd. 1,
and shall pay to the City Clerk the sum of Five Dollars for which the City Clerk shall give a receipt expressing
the purpose of the payment. Such City Clerk shall forthwith pay all fees so received to the City Treasurer.
Upon compliance with the provisions of this section the City Clerk shall place such name upon the primary
election ballot as a candidate for the office named. At least fifteen days notice shall be given by the City Clerk
of the time and place of holding such primary election and of the officers to be nominated, by posting a notice
thereof in at least three of the most public places in each election district in the city or by publication of a notice
thereof at least once in the official newspaper, or both, as the City Council may ordain, but failure to give such
notice shall not invalidate such election. (Ordinance No. 1300, passed April 10, 1995)
IS HEREWITH AMENDED TO READ AS FOLLOWS:
Section 28a. THE PRIMARY ELECTION. A primary municipal election shall be held on the first Tuesday
• - - - ' ' ' = - e - - . - on the date established by Minnesota State Law of any year in which a
municipal general election is to be held for the purpose of electing officers, at the same place or places as
general elections are held and like officers shall preside at such elections.
The purpose of such primary election shall be to select candidates to be voted for at the general municipal
election. The candidates for nomination to each office who shall receive the greatest number of votes in such
primary election shall be placed upon the ballot of the next general election in numbers not to exceed double the
number of vacancies to be filled, and no other name shall be placed upon the ballot for such general election
than the candidates selected at said primary election. When not more than twice the number of individuals to be
elected to a municipal office file for nomination to any municipal office, no primary shall be held, and the
names of those having filed shall be placed on the municipal general election ballot as the nominee for that
office. Any person desiring to become a candidate for an elective office in the general municipal election shall
file with the city clerk at least fifty -six days prior to but not more than seventy days prior to said primary
municipal election an affidavit of such candidacy as set forth in Minnesota Statutes 204B.06, subd. 1, and shall
pay to the City Clerk the sum of Five Dollars for which the City Clerk shall give a receipt expressing the
purpose of the payment. Such City Clerk shall forthwith pay all fees so received to the City Treasurer. Upon
compliance with the provisions of this section the City Clerk shall place such name upon the primary election
ballot as a candidate for the office named. At least fifteen days notice shall be given by the City Clerk of the
time and place of holding such primary election and of the officers to be nominated, by posting a notice thereof
in at least three of the most public places in each election district in the city or by publication of a notice thereof
at least once in the official newspaper, or both, as the City Council may ordain, but failure to give such notice
shall not invalidate such election. (Ordinance No. 1300, passed April 10, 1995)
SUMMARY:
The state legislators recently changed the date of the primary election to allow more time for voters to
participate (especially those in the military). Changing the wording to read "The primary election date shall be
held on the date established by Minnesota State Law" would cover this recent statute change and any other
changes that the legislators decide to make in the future.
Motion was made, seconded, and approved unanimously to approve the second reading on the changes
proposed for Chapter 4, Section 28a, The Primary Election, and forward on to the council for their action.
CHAPTER 4, NOMINATIONS AND ELECTIONS,
SECTION 33, CANVAS OF ELECTIONS
The proposed changes are as follows:
Chapter 4, Section 33, of the Charter of the City of Columbia Heights which currently reads as follows, to wit:
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October 21, 2010
16
Section 33. CANVAS OF ELECTIONS. The council shall meet and canvas the election returns within five
days after any regular or special election, and shall make full declaration of the results as soon as possible, and
file a statement thereof with the city clerk. This statement shall include: (a) the total number of good ballots
cast; (b) the total number of spoiled or defective ballots; (c) the vote for each candidate, with an indication of
those who were elected; (d) a true copy of the ballots used; (e) the names of the judges and clerks of election;
and (f) such other information as may seem pertinent. The city clerk shall forthwith notify all persons elected of
the fact of their election.
IS HEREBY AMENDED TO READ AS FOLLOWS:
Section 33. CANVAS OF ELECTIONS. The council shall meet and canvas the election returns within five
seven days after any regular or special election, and shall make full declaration of the results as soon as
possible, and file a statement thereof with the city clerk. This statement shall include: (a) the total number of
good ballots cast; (b) the total number of spoiled or defective ballots; (c) the vote for each candidate, with an
indication of those who were elected; (d) a true copy of the ballots used; (e) the names of the judges and clerks
of election; and (f) such other information as may seem pertinent. The city clerk shall forthwith notify all
persons elected of the fact of their election.
SUMMARY:
Our charter was two days more restrictive than the state statutes. This change would make it the same as in the
state statutes.
Motion was made, seconded, and approved unanimously to approve on second reading the changes proposed
for Chapter 4, Section 33, Canvas of Elections, and forward on to the City Council for their action.
CHAPTER 6 ADMINISTRATION OF CITY AFFAIRS
SECTION 56, PURCHASES AND CONTRACTS
The proposed changes are as follows:
Chapter 6, Section 56 of the Charter of the City of Columbia Heights which currently reads as follows, to wit:
Section 56. PURCHASES AND CONTRACTS. The city manager shall be chief purchasing agent of the
City. All purchases and contracts on behalf of the City shall be made by the City Manager, but subject to the
approval of the City Council whenever the amounts of such purchases or contracts exceeds $3,000.00. Said
amount may be amended by a simple majority of the Council by resolution. All contracts for the conveyance of
any real estate by the city shall be signed by the Mayor and the City Manager on behalf of the City and shall be
executed in the name of the city. (Election ballot question passed November 5, 2002)(Ordinance 1213,
passed December 10, 1990)
SHALL BE AMENDED TO READ AS FOLLOWS:
Section 56. PURCHASES AND CONTRACTS. The City Manager shall be chief purchasing agent of the
City. All purchases and contracts on behalf of the City shall be made by the City Manager, but subject to the
approval of the City Council whenever the amounts of such purchases or contracts exceeds ,000:08 the
current amount set by the city council. Said amount may be amended by a simple majority of the Council by
resolution. All contracts for the conveyance of any real estate by the city shall be signed by the Mayor and the
City Manager on behalf of the City and shall be executed in the name of the city. (Election ballot question
passed November 5, 2002)(Ordinance 1213, passed December 10, 1990)
SUMMARY:
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Columbia Heights Charter Commission
October 21, 2010
17
It was noted that the current amount set by the city council is $15,000. By changing the wording to "...the
current amount set by the City Council ", no specific dollar amount would be cited or need to be changed if and
when the council sets a different amount in the future.
Motion was made and seconded to approve the second reading on the changes proposed for Chapter 6, Section
56, Purchases and Contracts. Considerable discussion ensued. After discussion, this motion failed, 5 no and 3
yes.
Some members liked having a dollar amount stated in the charter, and thought that the current amount of
$15,000 should be inserted instead of saying "the current amount set by the City Council" so there would be at
least some benchmark amount. Motion was made, seconded, and passed 5 yes, 3 no, to approve the second
reading of this change (with $15,000 stated). Since this was a substantial change from the first reading, we will
hold the second reading on this section with the $15,000 amount instead at the January, 2011 meeting.
CHAPTER 7, TAXATION AND FINANCE,
SECTION 70, RECEIPTS GO TO THE CITY TREASURER
The proposed changes are as follows:
Chapter 7, Section 70, of the Charter of the City of Columbia Heights which currently reads as follows, to wit:
Section 70. RECEIPTS TO GO TO CITY TREASURER. All receipts of money belonging to the city, or
any branch thereof, excepting only those funds collected by the county treasurer, shall be paid into the city
treasurer by the person authorized to receive the same at the close of each business day. All such monies, and
also all monies received upon tax settlements from the county treasurer, shall be deposited as soon as received
in the bank or banks approved by the city council. Any person in the employ of the city guilty of a violation of
this provision shall be liable to be reduced in rank and salary or to be dismissed from office or position, as the
council may determine after a hearing. (Ordinance No. 1086, passed June 11, 1984)
IS HEREWITH AMENDED TO READ AS FOLLOWS:
Section 70. RECEIPTS TO GO TO CITY TREASURER. All receipts of money belonging to the city, or
any branch thereof, excepting only those funds collected by the county treasurer, shall be paid into the city
treasurer by the person authorized to receive the same at the close of each business day. All such monies, and
also all monies received upon tax settlements from the county treasurer, shall be deposited as soon as received
in the bank or banks approved by the city council. - . - - - - - - . - - • ailty of a violation of
council may determine after a hearing. (Ordinance No. 1086, passed June 11, 1984)
SUMMARY:
The last sentence is archaic /dated and should be deleted, as this would be a Human Resource issue and would
be handled per the various unions.
Motion was made, seconded, and approved to approve the second reading the changes proposed for Chapter 7,
Section 70, Receipts to go to City Treasurer, and forward on to the council for their action.
CHAPTER 7, TAXATION AND FINANCE,
SECTION 74, EMERGENCY DEBT CERTIFICATES
The proposed changes are as follows:
Chapter 7, Section 74, of the Charter of the City of Columbia Heights which currently reads as follows, to wit:
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Columbia Heights Charter Commission
October 21, 2010
18
Section 74. If any year the receipts from taxes or other sources should from some unforeseen cause become
insufficient for the ordinary expenses of the city, or if any calamity or other public emergency should subject
the city to the necessity of making extraordinary expenditures, then the council may authorize the sale by the
city treasurer of emergency debt certificates to run not to exceed one year and to bear interest at six percent per
annum. A tax sufficient to redeem all such certificates at maturity shall be levied as part of the budget of the
following year. The authorization of an issue of such emergency debt certificates shall take the form of an
ordinance approved by four -fifths of the members of the council; the ordinance may, if deemed necessary, be
passed as an emergency ordinance.
IS HEREWITH AMENDED TO READ AS FOLLOWS:
Section 74. If any year the receipts from taxes or other sources should from some unforeseen cause become
insufficient for the ordinary expenses of the city, or if any calamity or other public emergency should subject
the city to the necessity of making extraordinary expenditures, then the council may authorize the sale by the
city treasurer of emergency debt certificates to run not to exceed one year and to bear interest at six percent per
annum. A tax sufficient to redeem all such certificates at maturity shall be levied as part of the budget of the
following year. The authorization of an issue of such emergency debt certificates shall take the form of an
ordinance approved by four fifths an unanimous vote of the members of the council; the ordinance may, if
deemed necessary, be passed as an emergency ordinance.
SUMMARY:
This needs to read by "unanimous vote" to be in compliance with state statutes.
Motion was made, seconded, and passed unanimously to approve the second reading on the changes proposed
for Chapter 7, Section 74, Emergency Debt Certificates, and forward on to the City Council for their action.
The above sections that had second readings tonight should be forwarded to the City Manager for inclusion on
the next possible work session and then onto the City Council for their action for two readings.
NEW BUSINESS
Vice President Abel stated we discussed Chapter 8, Sections 75 through 86 at our last meeting. He had asked to
see the changes in writing before the commission took action. The following are the suggested changes to this
area of the City Charter:
CHAPTER 8, LOCAL IMPROVEMENTS AND SPECIAL ASSESSMENTS,
SECTIONS 75 THROUGH 86,
POWER TO MAKE LOCAL IMPROVEMENTS,
POWER TO LEVY SPECIAL ASSESSMENTS,
LOCAL IMPROVEMENTS, HOW MADE,
APPEAL FROM ASSESSMENT,
NOTICE OF APPEAL,
TRIAL OF ASSESSMENT APPEAL,
REASSESSMENTS,
PLAN OF ASSESSMENTS,
PAYMENT OF ASSESSMENTS,
PENALTY FOR DELINQUENCY,
CERTIFIED TO AUDITOR, AND
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Columbia Heights Charter Commission
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19
COUNTY TREASURER COLLECTOR FOR CITY
The proposed changes are as follows:
Chapter 8, Sections 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, and 86 of the Charter of the City of Columbia
Heights which currently reads as follows:
Section 75. POWER TO MAKE LOCAL IMPROVEMENTS. The city of Columbia Heights shall have the
power to lay and construct, extend, relay and repair, and maintain, directly by day labor, or by contract,
pavements, curb and gutters, sidewalks, sewers, water mains, electric conduits, and any and all other local
improvements in or under the streets, alleys and public places in the city.
Section 76. POWER TO LEVY SPECIAL ASSESSMENTS. The power of the city of Columbia Heights,
under the conditions of this charter specified, to provide by any lawful method for the payment of the whole or
any part of the cost of any local improvement by special assessments upon the property specially benefitted
thereby, shall not be denied, and the city of Columbia heights shall possess this power as fully as any other city
in the state. The amount assessed to be property specially benefitted, to pay for such local improvements, shall
not, however, exceed the amount of the benefits received by such property.
Section 77. LOCAL IMPROVEMENTS, HOW MADE. The council shall have the power to undertake
local improvements by resolution passed by four -fifths of its members. The council shall make such local
improvements upon petition of not less than fifty percent of the resident owners of the real estate to be assessed
therefore as shown by the records in the office of the register of deeds of Anoka County. The council may
thereupon assess the cost of such improvement, or any portion thereof, against the property specially benefitted
by such improvement.
When the council shall determine to make any improvements described in this chapter, it shall cause an
estimate of the cost of such improvement to be made by the city manager. In no case shall the amount specially
assessed for any one year exceed fifty percent of the last total full valuation of all the real estate within the
benefitted area as shown on the assessor's books by the assessment last made.
In computing the value of the real estate, all improvements are to be excluded. In computing the above
mentioned fifty percent, outstanding and unpaid special assessments against the property in the benefitted area
shall be considered part of such fifty percent. After such estimate is made, the council may proceed at once to
assess the estimated cost thereof, against the property to be benefitted thereby, in proportion to the benefits to
result thereto. The above fifty percent shall not be construed as limiting the council in spreading assessments
on the individual properties. In making such assessment roll, the council shall describe each parcel of land
assessed and state the amount assessed against the same, and shall state the name of the owner thereof as far as
known to the council, but any mistakes in or omission of such owners name shall in no way affect such
assessment. If the work is completed before any assessment is made or if the amount assessed shall be
insufficient to complete the work, the council, after the completion of such work, shall make a final assessment
to pay the same.
To defray the expenses of such improvement, the city may, acting through its council, by ordinance,
issue its certificates of indebtedness in such amount as may be necessary. Such ordinance may be passed as an
emergency ordinance. Such certificates of indebtedness shall be payable in annual installments as nearly equal
in amount as conveniently may be, over a period not exceeding ten years from their date, shall bear interest at a
rate not to exceed six percent per annum, payable annually or semi - annually, which interest may be evidenced
by appropriate interest coupons and shall be in such form and denominations, all as the council shall by
ordinance determine and shall be signed by the mayor and city manager and countersigned by the city
Treasurer. Such certificates of indebtedness may be used in making payment on contracts for the improvements
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Columbia Heights Charter Commission
October 21, 2010
20
for which the assessments are made or may be sold for cash for not less than par value thereof, and the proceeds
credited to the Permanent Improvement Fund and used for paying for said improvements. Monies received
from said assessments shall be used to pay said certificates of indebtedness and if the monies received from
such assessments are insufficient to meet the payment of the principal and interest of said certificates of
indebtedness, the council shall provide monies for the payment of the same. The amount of such certificates of
indebtedness at any time outstanding shall not be included in determining the city's net indebtedness under the
provisions of this chapter. (Ordinance No. 1551, passed August 25, 2008)
Section 78. APPEAL FROM ASSESSMENT. Any party interested in any property assessed under this
chapter may appeal from such assessment to the district court of Anoka County, within thirty days after the
publication of the notice of confirmation thereof by the council. Such appeal is hereby declared to be the
exclusive way in which such assessment can be revised, modified, amended or annulled.
Section 79. NOTICE OF APPEAL. Said appeal shall be made by filing a written notice with the city clerk,
stating the party appeals to the district court from the assessment, and containing a description of the property of
the appellant so assessed, and the objection of the appellant to the assessment, and by filing with the clerk of the
district court within ten days thereafter, a copy of the notice of appeal. In case of an appeal, the council shall
cause a copy of the assessment roll to be made and filed with the clerk of the district court within ten days from
the time of the service of the notice of appeal. In case the return so made to the district court shall in any
respect be defective, or insufficient, the court may require a further return to be made. The cause shall be
entered by the clerk of the district court in the name of the person taking the appeal against the city as an
"Appeal from Assessments," and it may be brought on for hearing by either party, the same as other cases of the
district court.
Section 80. TRIAL OF ASSESSMENT APPEAL. Such appeal shall be tried by the district court without a
jury, at a general or special term, without pleadings other than as above stated. Upon such trial, the appellant
can make no other objections to the assessment than those stated in the notice of appeal, but the court may, in its
discretion, permit such notice to be amended in this respect at any time. The court shall hear such competent
evidence as may be offered by either party, and may revise, correct, amend, reduce, or confirm the assessment
appeal from, or make such new assessment so as to avoid errors complained of. The assessment roll shall, when
confirmed by the council, in all cases, whether on an appeal, or otherwise, and in all courts, be prima facie
evidence of the validity of all proceedings up to, and including the confirmation of the assessment.
Disbursements, but no statutory costs, may, in the discretion of the district court, be allowed upon an appeal
from assessments as in other civil cases, but the judgment entered therefore against the city shall be a separate
judgment and paid out of the general fund of the city. From the determination of such appeal by the district
court, either party may appeal to the supreme court of the state. (Ordinance No. 1086, passed June 11, 1984)
Section 81. RE- ASSESSMENTS. If an assessment shall be set aside by the district court for any cause,
jurisdictional or otherwise, the council shall proceed in like manner as herein required in relation to the first
assessment; provided, however, that if the assessment as to any parcel of land shall not be appealed from, or
shall not have been set aside by the court, the council, in any subsequent assessment or re- assessment, may omit
the pieces or parcels of land as to which the first assessment shall have been paid. As often as an assessment, or
re- assessment, against a piece or parcel of real estate, assessed for any local improvement, is set aside, the same
shall be re- assessed until said property shall have paid its proper proportionate share of the benefits accruing
from said improvement.
Section 82. PLAN OF ASSESSMENTS. Whenever the council shall determine to make any local
improvements, the cost of which may lawfully be assessed against the benefitted property, it shall determine
and designate in a general way the character and extent of such improvement and the materials to be used, and
thereupon it shall order a careful estimate to be made by the city manager of the cost of such improvements,
Page 8
Columbia Heights Charter Commission
October 2l , 2010
21
together with a list of the several lots and parcels of land fronting upon and adjacent to such proposed
improvement which the city manager deems benefited thereby, and the names of the owners of the several
parcels, as nearly as can be ascertained. After receiving such estimates the council shall determine what
property will be benefited by such local improvement, and shall thereupon publish in the manner provided by
this charter a list of all such property, with the names of the owners so far as the same can be ascertained, or in
lieu of such list, a designation of the benefited district by giving the boundaries thereof, together with a notice
of the time and place when and where all persons interested may appear and be heard by the council with
respect to benefits and to the proportion of the cost of the improvement to be assessed against their property. If
the council determines to proceed with such improvement, it shall estimate and fix the cost thereof and shall and
assess and levy such proportion or amount of such cost upon benefited property in its proportion as it may deem
the same benefitted; and for such purpose shall adopt an assessment roll in such form as it may determine, and
fix the time when payments may be made. The lien of such assessment shall attach to all property assessed as
of date of adoption of the assessment roll by the council. (Ordinance No. 1086, passed June 11, 1984)
Section 83. PAYMENT OF ASSESSMENTS. The council may provide for payment in a lump sum or in
annual installments for a period of not over thirty years, and it shall provide for extending payments over a
period of years if so requested in the property owners' petition. All interest charges and miscellaneous costs
shall, if not previously paid, be included in the tax bill for the last installment of such assessment. The council
shall provide by ordinance a uniform rule as to the number of years over which payments for various local
improvements shall be extended. (Ordinance No. 1392, passed June 14, 1999)
Section 84. PENALTY FOR DELINQUENCY. Each assessment or installment not paid within the time
fixed for payment by the council shall be deemed delinquent and a ten percent penalty shall be added.
Section 85. CERTIFIED TO AUDITOR. In each year the council shall cause to be made a certified
statement of the several pieces of land against which assessments have been made and are delinquent,
describing the land affected and giving the amount of the assessment with penalties added, which certified
statement shall be filed with the county auditor of Anoka County, on or before the tenth of October each year.
It shall be the duty of the county auditor to extend assessments with penalties, as shown by such certified
statement, upon the tax rolls of the county for taxes of the particular year in which the assessment is filed, and
the same, for each year ending October 15th, shall be carried into the tax becoming due and payable in January
of the following year and shall be enforced and collected in the manner provided for the enforcement and
collection of state and county taxes under and in accordance with the provisions of the general laws of the state,
except that in court proceedings to enforce the collection of taxes, no defense as to the validity of any such
assessments shall be permitted. Such assessments, if not paid, shall become delinquent and be subject to the
same penalties and the same rate of interest as the taxes for state and county purposes under the general laws of
the state.
Section 86. COUNTY TREASURER COLLECTOR FOR CITY. All assessments with penalties and
interest thereon paid to the county treasurer shall belong to the City of Columbia Heights, and shall be turned
over to the city treasurer in the manner provided in this charter and by law.
IS HEREWITH AMENDED TO READ:
Section 75. POWER TO MAKE LOCAL IMPROVEMENTS. The city of Columbia Heights shall have the
. . - . - . . .. , . - . -, - . .. .. . . • ,
- - " = - : - - , - - - : = - o - - - T he council shall have the power to
undertake local improvements and assess the cost of such improvements or any portion thereof, against any
Page 9
Columbia Heights Charter Commission
October 21, 2010
22
property specially benefitted by such improvement. Any such improvements and any assessments thereunder,
shall be in accordance with the general laws of the State of Minnesota.
* .1• * .
• - - • - - - :: rty specially benefitted, to pay for such local improvements, shall
•-such improvement.
When the council shall determine to make any improvements described in this chapter, it shall cause an
estimate of the cost of such improvement to be made by the city manag- . - • . . - - - • - •
assessed for any one year exceed fifty percent of the last total full valuation of all the real estate within the
- - - b - -- • • - - • - . , all improvements arc to be excluded. In computing the above
shall be considered part of such fifty percent. After such estimate is made, the council may proceed at once to
assess the estimc. - . - - • - - ,: _ - , - - - -
result thereto. The above fifty percent shall not be construed as limiting the council in spreading assessment)
- • - - . - . • : .uch assessment roll, the council shall describe ach parcel of land
assessed and :state the amount assessed against the same, and shall state the name of the owner thereof as far as
known to the cou , - • , - - - • • - . - - . - -
to pay the same.
issue its certificates of indebtedness in such amount as may be necessary. Such ordinance may be passed as an
emergency ordinance. Such certificates of indebtedness shall be payable in annual installments as nearly equal
in amount as conveniently may be, over a period not exceeding ten years from their date, shall bear interest at a
• - - = - • - - • - - - - . : hall be in such form and denominations, all as the council shall by
for which the assessments are made or may be sold for cash for not less than par value thereof, and the proceeds
• - J c 1 1 •
Page 10
Columbia Heights Charter Commission
October 21, 2010
23
• �. e. " .
publication of the notice of confirmation thereof by the council. Such appeal is hereby declared to be the
Section 79. NOTICE OF APPEAL. Said appeal shall be made by filing • - - - - • - - - • -
the time of the service of the notice of appeal. In case the return so made to the district court shall in any
• - • - - - ," - - . - - - - - -. • _ . -*they party, the same as other cases of the
district court.
Seetien- 80.-=TRIAL OF ASSESSMENT APPEAL. Such appeal shall be tried by the district court without a
discretion, permit such notice to be amended in this respect at any time. The court shall hear such competent
confirmed by the council, in all cases, whether on an appeal, or otherwise, and in all courts, be prima facie
Disbursements, but no statutory costs, may, in the discretion of the district court, be allowed upon an appeal
judgment and paid out of the general fund of the city. From the determination of such appeal by the district
Section 81. RE ASSESSMENTS. If an assessment shall be set aside by the district court for any cause,
• -- ; :: : - : -: - , -at if the assessment as to any parcel of land shall not be appealed from, or
f1hall not have been set aside by the court, th council, in any subsequent assessment or re assessment, may omit
the pieces or parcels of land as to which the first assessment shall have been paid. As often as an assessment, or
from said imp�n r ; _
• ! enever the council shall determine to make any local
improvement which the city managrr deems- b-encfited thereby, and the yes of the owners of the several
parcels, as nearly as can be ascertained. After receiving suc- - • - -- . _ .
lieu of such list, a designation of the benefited district by giving the boundaries thereof, together with a notice
of —the time and place when and where all persons interested may appear and be heard by the council with
respect to benefits and to the proportion of the cost of the improve .. . : • ,. • - - • - .
Paee 11
Columbia Heiehts Charter Commission
October 21, 2010
24
the same benefitted; and for such purpose shall adopt an assessment roll in such form as it may determine, and
fix the time when payments may be made. The lien of such assessment shall attach to all property assessed as
• - -- ' - -
annual installments for a period of not over thirty years, and it shall provide for extending payments- ever —a
period of years if so requested in the property owners' petition. All interest charges and miscellaneous costs
shall-,reviously paid, be included in the tax bill for the last installment of such assessment. The council
•- - ...,_
Section 84. PENALTY FOR DELINQUENCY. Each assessment or installment not paid within the time
Section 85. CERTIFIED TO AUDITOR. In each y r the council shall cause to be made a certified
statement of the several pieces of land against which assessments have been made and are delinquent,
It shall be the duty of the county auditor to extend assessments with penalties, as shown by such certified
statement, upon the tax rolls of the county for taxes of the particular year in vhich the assessment is filed, and
ex-eept _ - = _.: - : :- • , - - - to the validity of any such
assessments shall be permitted. Such assessments, if not paid, shaft become delinquent and be subject to the
same penalties and the same rate of interest as the taxes for state and county purpo - • . - - _ • •
the state.
Section 86. COUNTY TREASURER COLLECTOR FOR CITY. All assessments with penalties and
- : - _ - - - - er provided in this charter and by law.
SUMMARY:
There have been several changes in state law regarding Chapter 8. Deleting all sections, and adding a new
paragraph to Section 75 still gives the city council the power to make improvements and levy assessments as
needed.
Motion was made, seconded, and approved unanimously to approve the first reading on the changes to Chapter
8, Sections 75 -86.
Continued Discussion on Chapters 11 and 12:
Commissioners present at tonight's meeting looked over Chapter 11, Public Ownership and Operations of
Utilities (Sections 102 -107) and Chapter 12, Miscellaneous and Transitory Provisions (Sections 108- 119).
Council Liaison Tami Diehm mentioned that Section 110 is probably not in accordance with current state
statutes.
It was the consensus of members present to table discussions on Chapters 11 and 12 until our next meeting,
when the City Attorney can advise if there are any changes he feels needs to be done to these chapters.
Page 12
Columbia Heights Charter Commission
October 21, 2010
25
NEXT MEETING DATE
The next regular meeting date will be January 20, 2011, at 7 p.m.
MEETING PLACE FOR 2011
The Recording Secretary asked members what their preference would be regarding the commission's meeting
location for 2011, as she needs to schedule in our 2011 meetings soon. Should we continue meeting at the
Public Safety Building or here at City Hall in Conference Room 1? It was the consensus of the members
present to meet at City Hall in Conference Room 1 for 2011.
ADJOURNMENT:
Motion was made and seconded to adjourn the meeting at 7:50 p.m.
Respectfully submitted,
Carole J. Blowers
Recording Secretary for the
Charter Commission
Page 13
Columbia Heights Charter Commission
October 21, 2010
26
-- Approved
' ''''N
11/3/10
�
1 ......
COLUMBIA HEIGHTS PUBLIC LIBRARY
BOARD OF TRUSTEES
MINUTES
October 6, 2010
The meeting was called to order by Chair Patricia Sowada, at 6:30 p.m. Members present were: Nancy Hoium,
Patricia Sowada, Barbara Tantanella, Lynette Thomson, and Catherine Vesley. Also present: City Council
Representative Bruce Kelzenberg, Becky Loader, Stacey Hendren and Friends of the Library member Bob Odden.
The minutes of the August 4, 2010, Board meeting were approved as mailed.
The minutes of the September 2010, Board meeting were approved as mailed.
The bill list dated 8/23/10 was reviewed. It was moved, seconded and passed that the bills be paid.
The bill list dated 9/13/10 was reviewed. It was moved, seconded and passed that the bills be paid.
The bill list dated 9/27/10 was reviewed. It was moved, seconded and passed that the bills be paid.
The bill list dated 10/11/10 was reviewed from the floor. It was moved, seconded and passed that the bills be
paid.
The 2010 accounting dated 10/6/10 was reviewed.
Old Business:
1. Loader presented the proposed 201 1 budget booklet to the Board. A page -by -page summary was given
highlighting the Maintenance of Effort figures, proposed General Building expenditures, Library revenue
and expenditures and the breakdown by detail. The first budget hearing with the City Council will take
place on October 12, 2010, and Finance Director Bill Elrite has developed a new format for the budget
presentation. Loader has created a 2 -page summary that divides the budget into categories based on
essential items, required items, necessary items, and essential general maintenance.
2. A question was raised about approval of bills and minutes via email. Based on a recommendation from
the City Attorney, all items were re- approved this month.
New Business:
1. The crossover statistics for July were reviewed. It was noted that this month's circulation is over 13,000.
Total Interlibrary Loan's for 2010 have already surpassed the 2009 number according to Ramon Gomez,
Library Clerk.
2. Due to recommendations from staff, a survey was conducted to determine the most desirable day for Staff
Day 2011. The Closed and Holiday Schedule has been revised to reflect the new date, Thursday, May 12,
2011.
Hoium made a motion to accept the revised holiday and closed day schedule. The motion was carried.
3. The Library recently underwent an insurance appraisal of the building and its contents. The insurance
rate of the appraisal is based on replacement value and the rate will reflect the increased value.
4. The Board discussed the changes in how libraries are imaging themselves, and appreciated the article
from the MN League of Cities.
1
27
5. Police Chief Nadeau thanked the Library for their recent participation at the community picnics. Loader
stated the Library appreciated the opportunity to meet the public in a setting where all City services were
represented. Toys and tattoos were given out as well as information on the many services the Library
provides. The Board appreciated the note from Chief Nadeau and the opportunity provided.
6. The Board appreciated the article on Libraries and technology. The Board discussed the constant desire
of the public for more technology, and the Libraries role in providing hardware vs. product.
7. The Federal State Aid Law may reduce the probability of unallotment reductions to City aid this
December. The Board discussed how the Library budget no longer relies on LGA and how any funds
received would affect the City. Finance Director Bill Elrite will keep us apprised of any new
developments.
Items from the Floor:
2. The Library Board meeting schedule for 2011 was presented to the Board. All meetings will take place
on the first Wednesday of the month.
3. Loader presented a copy of the thank you letter sent to Linda Ernst for the purchase of a CD for the
Library collection. The CD features the Shangilia Youth Choir of Kenya, which performed in Columbia
Heights as part of the 21' Century grant.
4. The Board was notified that on September 29, 2010 a police report was filed after the Library's cleaner
found the front door unlocked after closing time. An officer was called and the building secured.
5. The Southwest emergency door has been replaced. A steel plate on the bottom of the door was added as
extra protection from the elements.
There being no further business, the meeting was adjourned at 7:27 p.m.
Respectfully submitted,
Stacey R. Hendren
Secretary, Library Board of Trustees.
The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or
treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided
to allow individuals with disabilities to participate in all City of Columbia Heights services, programs, and
activities.
28
COLUMBIA HEIGHTS - CITY COUNCIL LETTER
Meeting of: November 8, 2010
AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGERS
NO: City Clerk APPROVAL
r
ITEM: Canvass Municipal General BY: Patty Muscovitz BY: z
Election Returns DATE: 11/4/2010 DATE:
NO:
On November 2, 2010 the City held an election to select a two year Mayor and two — four year Council
Members. Attached are the results of the election and the resolution canvassing said election.
RECOMMENDED MOTION: Move to waive the reading of Resolution No. 2010 -114, there being
ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution 2010 -114, being a Resolution canvassing
municipal general election returns.
Attachments: Resolution 2010 -114
Summary
COUNCIL ACTION:
29
RESOLUTION NO. 2010-114
CANVASSING MUNICIPAL GENERAL ELECTION RETURNS
WHEREAS, the City of Columbia Heights, did on the 2 day of November, 2010,
conduct and hold a General Municipal Election for the purpose of electing a Mayor and
two Council Members; and
WHEREAS, the City Council of the City of Columbia Heights at a meeting of said
Council held on the 8 day of November, 2010, did canvass the returns and results of said
General Municipal Election; and
WHEREAS, the following results were determined by said canvass of said General
Municipal Election, to wit:
TOTAL BALLOTS CAST IN ELECTION: 9,938
Valid Votes Cast for Mayor Valid Votes Cast for two 4 -Year Council
Gary L. Peterson 3,359 Seats
Bob Odden 2,492 Tami Diehm 3,006
Overvotes 2 Donna Schmitt 2,669
Times Blank Voted887 Bruce Kelzenberg 2,395
Write -Ins 33 Stan Hoium 1,830
Times Blank Voted 1,005
Undervotes 1,605
Write -Ins 31
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of
Columbia Heights, that Gary L. Peterson is hereby elected Mayor, and that Tami Diehm
and Donna Schmitt are hereby elected members of the City Council, assuming said offices
on January 1, 2010.
Passed this 8 day of November, 2010
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
30
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CITY COUNCIL LETTER
Meeting of November 8, 2010
AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER
NO.
POLICE APPROVApz
ITEM: Approve Transfer of Funds for Unique Thrift BY: Scott Nadeau 9) BY:
from General Fund to Police Dept Budget Overtime DATE: November 3, 010 DATE:
Line 41020
NO.
BACKGROUND
In the month of September 2010, the Columbia Heights Police Department worked several overtime
security details at Unique Thrift. We were reimbursed $2.497.50 for those security details.
ANALYSIS/CONCLUSION
The Police Department is requesting that these funds be moved from the General Fund back into the
2010 Police Department Budget, Overtime line item.
RECOMMENDED MOTION
Move to transfer $2,497.50, the amount of money received from Unique Thrift reimbursement for
overtime worked from the General Fund to the 2010 Police Department budget line 1020, Overtime.
COUNCIL ACTION:
32
DA INVOICE NO COMNELNT AMOUNT DISCOJNT NET AM 0 UN T
D'/05/10 2010015 2,497.50 .00 2,497.50
•
HECK: 027729 10/23/10 City of Columbia Heights CHK TOTAL: 2,497.50
REFERENCE: SECURITY
•
• 027729
APOGEE Retail, LLC
3080 Centerville Road Alliance Bank
Little Canada, MN 55117 St. Paul, Minnesota
(651) 773-8077 75-121-919
*TWO THOUSAND FOUR HUNDRED NINETY SEVEN DOLLARS AND 50 CENTS
DATE AMOUNT
10/23/10 *****2,497.50*
PAY City of Columbia Heights
TO THE Police Department
ORDER 559 Mill Street NE
OF: Columbia Heights MN 55421
/
•
0 27 7 2 •
r Marl payllICI alum= tiesgnts, MN 1.14
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I ANT: " P,497,50
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g 27729 2,497.5Li
MTh! g 2 497.50
— MAW YOU --
!-(WE A ECE DAY!
*:*****'.6iki*OW*E4.**.k****i******:******** •
33
CITY COUNCIL LETTER
Meeting of: November 8, 2010
AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY
NO: ADMINISTRATIONS MANAGER'S
APPROV L
ITEM: ADOPT RESOLUTION 2010 -112,
AUTHORIZING USE OF UNEXHAUSTED BY LINDA L. MAGEE BY:
PORTION OF EMPLOYER CONTRIBUTION
DATE: 11 -3 -10 DATE:
TO INSURANCES TOWARD HEALTH
SAVINGS ACCOUNT (HSA)
As you are aware, effective January 1, 2011, health insurance premiums will be increasing 42 %.
Currently, the employer contribution to insurances (long term disability, dental insurance, life insurance, and health insurance)
for benefit eligible employees is $745 per month ($705 for firefighters). Employer contributions to insurances for 2011 have
not yet been established, as labor contracts have not been negotiated for 2011.
The health insurance options currently offered to eligible employees include a full- insured high option plan as well as high
deductible (low option) health plans. Over time, having more people on a high deductible health plan will ultimately have a
positive effect on future premiums. Currently there is no advantage for employees taking individual health insurance coverage
to take a high deductible health plan as the monthly premium is covered by the employer contribution to insurances.
In an effort to encourage employees on individual health insurance coverage to participate in a high deductible health plan,
staff proposes allowing such employees to use up to $3,000 of the unexhausted portion of the employer contribution toward
insurances for a Health Savings Account ($1,500 in 2011 and $1,500 in 2012).
As illustrated below, based on the City's contribution to insurances, the premium for the high option insurance compared to the
low option insurance, and allowing use of up to $1,500 of the unexhausted portion of the employer contribution to insurances
toward a health Savings Account, the City would realize a savings.
City Contribution Insurance Rates 2011 Annualized Factors 2011
Fire 705.00 HI Single 694.95 HI Single 8,339.40
Other 745.00 LO Single 458.25 LO Single 5,499.00
H.S.A. 1,500.00 Difference 236.70 LO Deductible 1,500.00
Staff recommends adoption of Resolution 2010-112.
RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution 2010 -112, Authorizing Use of Unexhausted Portion of Employer
Contribution to Insurances Toward Health Savings Account (HSA).
COUNCIL ACTION:
34
RESOLUTION NO. 2010-112
RESOLUTION AUTHORIZING USE OF UNEXHAUSTED PORTION OF
EMPLOYER CONTRIBUTION TO INSURANCES TOWARD HEALTH
SAVINGS ACCOUNT (HSA)
WHEREAS, the health insurance options currently offered to eligible
employees include a fully insured high option plan as well as high deductible (low
option) health plans;
WHEREAS, effective January 1, 2011, health insurance premiums will be
increasing 42 %;
WHEREAS, increasing participation in the high deductible health plans
will ultimately have a positive effect on future premiums;
WHEREAS, in an effort to encourage employees on individual health
insurance coverage to participate in a high deductible health plan while at the same time
minimizing the impact on the City budget,
BE IT RESOLVED that the employer hereby authorizes the use of the
unexhausted portion of the employer contribution toward insurances to be placed in a
Health Savings Account; and
BE IT FURTHER RESOLVED that such amount will not exceed $1,500
for 2011 and $1,500 for 2012; and
BE IT FURTHER RESOLVED that such authorization will be effective
immediately for non -union employees and for union employees once a memorandum of
understanding is entered into between the City and the respective union(s).
Passed this day of November, 2010.
Offered by:
Seconded by:
Roll Call:
Gary L. Peterson, Mayor
Patricia Muscovitz, City Clerk
35
CITY COUNCIL LETTER
Meeting of: Nov 8, 2010
AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER
NO: License Department APPROVAL
ITEM: License Agenda BY: Shelley Hanson DATE:
NO: DATE: Nov. 3, 2010 BY / ,
BACKGROUND /ANALYSIS
Attached is the business license agenda for the November 8, 2010 Council meeting. This agenda
consists of applications for 2010 Contractor licenses, and some of the business license renewing for
2011, as detailed in the attached list.
At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied
Application. This means that the data privacy form has been submitted as required. If not submitted,
certain information cannot be released to the public.
RECOMMENDED MOTION:
Move to approve the items as listed on the business license agenda for November 8, 2010 as presented.
COUNCIL ACTION:
36
TO CITY COUNCIL November 8, 2010
*Signed Waiver Form Accompanied Application
CONTRACTOR'S LICENSES - 2010
BLDG *Van Winkle Plumbing LLC 5430 Teal St, Big Lake $60
*Sundown Htg & AC 26187 Busch Dr., Belle Plain $60
Schwantes Htg & AC 6080 Oren Ave N, Stillwater $60
M & D Plumbing & Htg 11050 26 St NE, St Michael $60
*Innovative Stucco Inc 8245 W. Beatrice Dr, Clear Lake $60
McGough Construction 2737 Fairview Ave N, Roseville $60
Trent's Mechanical 10909 Noble Ave, Champlin $60
*Peoples Plumbing PO Box 4484, St Paul $60
Hunts Plumbing 15225 Carrousel Way, Rosemount $60
CIGARETI'E/TOBACCO LICENSES
Northern Tier Retail (SA Gas) 5000 Central Ave NE, Col. Hts. $300
Holiday Stationstores 4259 Central Ave, Col. Hts. $300
FUEL DISPENSING DEVICES
Lowell's Automotive 4457 University Ave, Col. Hts $100
MOTOR VEHICLE SALES
David's Auto Sales 573 40` Ave. Col. Hts. $300
OFF SALE BEER
Northern Tier Retail (SA Gas) 5000 Central Ave NE, Col. Hts. $150/$150
37
CITY OF COLUMBIA HEIGHTS
FINANCE DEPARTMENT
COUNCIL MEETING OF: November 0.2O|0 .
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF COLUMBJA HEIGHTS
Motion to approve payment of bills out of the proper funds, as listed in the attached
check register covering Check Number 130759 through 136942 in the
amount of$ 546,552.56 .
These checks have been examined and found to be legal charges against the CITY Of.
COLUMBIA HEIGHTS, and are herby, recornmended for payment.
38
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CITY COUNCIL LETTER
Meeting of: 11 /8/10
AGENDA SECTION: BID CONSIDERATIONS ORIGINATING DEPARTMENT: CITY MANAGER
NO: PUBLIC WORKS
ITEM: ADOPT RESOLUTION 2010 -113 BEING A BY: K. Hansen BY: <1`
RESOLUTION ACCEPTING BIDS AND AWARDING THE DATE: 11/3/10 DATE:
CONTRACT FOR 2010 SANITARY SEWER LINING, CITY
PROJECT NO. 1004, TO VISU- SEWER, INC.
Background:
On October 11, 2010 the City Council authorized staff to seek bids for our annual sanitary sewer lining
program. This is an annual program to rehabilitate sections of sanitary sewer pipe that have been televised
and found to be deteriorating, have cracked or broken joints or sections, contain root intrusion or have
infiltration present. This project consists of lining the following segments:
1. 984 feet of 8" VCP on 7 Street from 40 Ave to 1st MH north of 41 Ave,
2. 984 feet of 8" VCP on Washington Street from 40 Ave to 1 MH north of 41 Ave,
3. 602 feet of 8" VCP on Jefferson Street from 1 MH north of 40 Ave to 1 MH north of 41 Ave,
4. 984 feet of 8" VCP on Madison Street from 40 Ave to 1 MH north of 41 Ave,
5. 984 feet of 8" VCP on Monroe Street from 40 Ave to 1 MH north of 41 Ave,
6. 327 feet of 8" VCP on Quincy Street from 40 Ave to 1 MH north of 40 Ave, and
7. 468 feet of 8" VCP on Alley: west of Reservoir Blvd from 39 Ave to Peters P1.
Plans and specifications were advertised for bids in the Sun Focus on October 14. 2010. Seven contractors
received copies of the bidding documents. Four bids were received and publicly read aloud at the November
3, 2010 bid opening. A copy of the minutes is attached.
Analysis /Conclusions:
Visu- Sewer, Inc. submitted the low bid in the amount of $163,659. The unit price for the sanitary sewer
main lining work is $23 per lineal foot. This is significantly less than what the City has paid in recent years;
from 2007 to 2009 the unit price has fluctuated between $24.80 and $30.00 per lineal foot. The total base
bid for sanitary sewer main lining is $122,659. An alternate bid of $41,000 was also received for lining up
to 20 connections between the main and the private service lateral. The televising displayed connections
with continuous water infiltration from outside to inside the pipe. Staff recommends awarding the base bid
and alternate 1. The Engineer's Estimate was $180,000. The Public Works sanitary sewer construction fund
has $125,000 budgeted in 2010 for sanitary sewer lining and $25,000 budgeted for I/I reduction.
Recommended Motion: Move to waive the reading of Resolution 2010 -113, there being ample copies
available to the public.
Recommended Motion: Move to adopt Resolution 2010 -1 13, being a resolution accepting bids and
awarding the contract for 2010 Sanitary Sewer Lining, City Project No. 1004 including Alternate 1 to
Visu- Sewer, Inc., of Pewaukee. Wisconsin based upon their low, qualified, responsible bid in the amount of
$163,659.00 with funds to be appropriated from Fund 652 - 51004 -5185; and, furthermore, to authorize the
Mayor and City Manager to enter into a contract for the same.
Attachments: Bid Opening Minutes
Resolution 2010 -113
COUNCIL ACTION:
46
CITY OF COLUMBIA HEIGHTS
Minutes of Bid Opening on Wednesday, November 3, 2010, 10:00 a.m.
2010 Sanitary Sewer Lining
City Project 1004
Pursuant to an advertisement for bids for the 2010 Sanitary Sewer Lining, City Project 1004, an
administrative meeting was held on November 3, 2010 at 10:00 a.m. for the purpose of bid opening.
Attending the meeting were:
Todd Novotny, Lametti & Sons, Inc.
Ron Fenney, Visu- Sewer, Inc.
Doug Gniot, Veit
Brian Wimberger, Insituform
Kathy Young, Assistant City Engineer
Bids were opened and read aloud as follows:
Bidder Base Bid Alternate. 1 Base Bid Plus Alternate
Visu - Sewer, Inc. $ 122,659.00 $ 41,000 $ 163,659.00
Veit $ 133,325.00 $ 46,000 $ 179,325.00
Lametti & Sons, Inc. $ 157,323.50 $ 37,800 $ 195,123.50
Michels Corporation $ 197,321.00 $ 44,880 $ 242,201.00
Respectfully submitted,
Sue Schmidtbauer
Public Works Secretary
47
RESOLUTION NO. 2010 -113
RESOLUTION ACCEPTING BIDS AND AWARDING THE CONTRACT
FOR 2010 SANITARY SEWER LINING, CITY PROJECT NO. 1004,
TO VISU- SEWER, INC.
WHEREAS, pursuant to an advertisement for bids for City Project No. 1004, Sanitary Sewer
Lining bids were received, opened and tabulated according to law. The following bids were
received complying with the advertisement:
BIDDER TOTAL
Visu- Sewer, Inc. $ 163,659.00
Veit and Company, Inc. $ 179,325.00
Lametti & Sons, Inc. $ 195,123.50
Michels Corporation $ 242,201.00
WHEREAS, it appears that Visu- Sewer, Inc. of Pewaukee, Wisconsin 53072 is the lowest
responsible bidder.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA
HEIGHTS, MINNESOTA:
1. The Mayor and City Manager are hereby authorized and directed to enter into a contract
with Visu- Sewer, Inc. in the name of the City of Columbia Heights, for the 2010
Sanitary Sewer Lining, City Project No. 1004, according to plans and specifications
therefore approved by the Council.
2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders,
the deposits made with their bids except the deposit of the successful bidder and the next
lowest bidder shall be retained until the contract has been signed.
3. City Project No. 1004 shall be funded from the Sanitary Sewer Construction Fund.
Passed this 8 day of November, 2010
Offered by: CITY OF COLUMBIA HEIGHTS
Second by:
Roll call: BY
Mayor Gary L. Peterson
Patricia Muscovitz, CMC
City Clerk
48