HomeMy WebLinkAbout11/28/2011 Regular CITY OF COLUMBIA HEIGHTS Mavor
Gary L. Peterson
590 40'" Avenue NE, Columbia Heights, MN 55421 -3878 (763)706 -3600 TDD (763) 706 -3692 Councilmembers
Visit our website at: www.ci.columbia- heiihts.mn.us Robert A. Williams
Bruce Nawrocki
Tammera Diehm
Donna Schmitt
City Monomer
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 28, 2011 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 Chaplain Bob Lyndes, Crest View Senior Communities
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
A. Presentation - Marlaine Szurek: Library Foundation Fundraiser
B. Presentation - Renee Doughtery: At Home Service for homebound residents and Project
Bookshelf
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 City Council meeting minutes p 6
MOTION: Move to approve the minutes of the November 14, 2011 City Council meeting.
B. Adopt Resolution 2011 -133, being a Resolution canceling the Monday, December 26, 2011 City
of Columbia Heights regular City Council meeting.
MOTION: Move to waive the reading of Resolution No. 2011 -133, there being ample copies p15
available to the public.
MOTION: Move to adopt Resolution 2011 -133, being a Resolution canceling the Monday,
December 26, 2011 City of Columbia Heights regular City Council meeting.
C. Adopt Resolution 2011 -134, approving a fourth amendment - Huset Park Development, BNC
Bank
p17
MOTION: Move to waive the reading of Resolution 2011 -134 there being ample copies
available to the public.
3
City Council Agenda
Monday, November 28, 2011
Page 2 of 3
MOTION: Move to adopt Resolution 2011 -134,a resolution approving a fourth amendment to
amended and restated contract for private redevelopment between the Columbia Heights
Economic Development Authority, the City of Columbia Heights, and Huset Park Corporation.
D. Adopt Resolution 2011 -135, being a Resolution to amend the 37th and Central contract p21
MOTION: Move to waive the reading of Resolution 2011 -135, there being ample copies
available to the public.
MOTION: Move to adopt resolution 2011 -135, being a resolution approving agreement for
assignment and release of obligations, and amendment of amended and restated contract for
private redevelopment by and between Columbia Heights Economic Development Authority
Columbia Heights Minnesota and the City of Columbia Heights Minnesota and 37th and Central
LLC.
E. Approval of attached list of rental housing applications. p33
MOTION: Move to approve the items listed for rental housing license applications for
November 28, 2011 in that they have met the requirements of the Property Maintenance Code
F. Approve Business License Applications p37
MOTION: Move to approve the items as listed on the business license agenda for November 28,
2011 as presented.
G. Review payment of the bills p40
MOTION: that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has
received the list of claims paid covering check number 141274 through 141383 in the amount of
$346,065.63.
MOTION: Move to approve the Consent Agenda items.
6. PUBLIC HEARINGS
A. Adopt Resolutions 2011 -137, 4054 2nd Street N.E., 2011 -138, 4628 -30 Polk Street N.E., 2011-
139, 4625 Tyler Street N.E., 2011 -140, 4906 -08 Tyler Street N.E., 2011 -141, 1400 -02 Circle p 47
Terrace Blvd., 2011 -142, 4945 5th Street N.E., 2011 -143, 4346 6th Street N.E., and 2011 -144,
4800 5th Street N.E., 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.
MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers
2011 -137, 138, 139, 140, 141, 142, 143 and 143 being ample copies available to the public.
MOTION: Move to adopt Resolution Numbers 2011 -137, 138, 139, 140, 141, 142, 143 and 144
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.
B. Adopt Resolutions 2011 -145, 5054 Monroe Street N.E., 2011 -146, 4055 Madison Street N.E.,
2011 -147, 3849 Hayes Street N.E., and 2011 -148, 4054 2nd Street N.E. being declarations of p64
nuisance and abatement of violations within the City of Columbia Heights.
MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers
2011 -145, 146, 147, and 148 there being ample copies available to the public.
MOTION: Move to adopt Resolution Numbers 2011 -145, 146, 147 and 148 being resolutions of
4
City Council Agenda
Monday, November 28, 2011
Page 3 of 3
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.
7. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions - none
B. Bid Considerations - none
C. New Business and Reports - none
8. ADMINISTRATIVE REPORTS
Report of the City Manager
Report of the City Attorney
9. CITIZENS FORUM
At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda.
Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall
state his/her name and address for the record.
10. ADJOURNMENT
Walter R. Fehst, City Manager
WF /pvm
5
OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
MONDAY, NOVEMBER 14, 2011
The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on
Monday, November 14, 2011 in the City Council Chambers, City Hall, 590 40th Avenue N.E.,
Columbia Heights, MN.
CALL TO ORDER/ROLL CALL /INVOCATION
Youth Pastor Brenna Zeimet, Columbia Heights Assembly of God Church, gave the Invocation.
Present: Mayor Peterson, Council member Williams, Council member Nawrocki, Council member
Diehm, Council member Schmitt
PLEDGE OF ALLEGIANCE - recited
ADDITIONS/DELETIONS TO MEETING AGENDA
Nawrocki stated that the Finance Director will report on the Market Value Homestead Credit.
Nawrocki will comment on the budget, legal paper lack of delivery, and several other items for the
City Manager. Peterson will speak on the Holiday Kick -off and Taste of Heights event.
PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS
A. Proclamation — Post Master Gina Hellermann Day
Peterson read the proclamation. The induction of the new Post Master, Gina Hellermann, will be held
tomorrow at Murzyn Hall. The public is welcome.
B. Presentation - Dan Vogtman - Service on the Charter Commission
Peterson read the commendation to Mr. Vogtman for his service on the Charter Commission from
2004 to 2011. He presented him with a commendation and a pen set.
Vogtman thanked Diehm the Commission liaison, Rachel Schwankl the Charter Chair, and Carole
Blowers the Secretary for their work on this Commission. Diehm stated her pleasure to work with
Mr. Vogtman, as he served the community well.
C. Presentation — Joseph Kloiber, Finance Director, Market Value Homestead
Kloiber stated that in 2012 the Homestead Credit will operate differently. Homeowners will notice
the property credit on the tax statement that lowers their taxable amount will go away and be replaced
by another item. The calculation on the amount of property tax will have an adjustment. For example,
properties with a value of $100,000 may receive an exclusion that would limit the amount of property
tax; $25,000 exclusion would mean tax would be paid on $75,000. State wide the exclusion is not
expected to provide as much credit as the Homestead Credit. Commercial properties will still be
taxed as in the past. This will shift the property tax to non - homestead properties.
Diehm stated that before this, the city would receive a credit from the state, but now the individual
property owners might have a reduction in their tax. If we keep our tax the same, on the whole, the
tax to residents would increase. Kloiber stated the effect to the city is the state pulling the subsidy to
cities from their budget. Cities are faced with the choice to reduce the amount they receive or increase
the tax total to residents. Diehm stated that many will see their values go down and their taxes go up.
Kloiber indicated that with the complex Minnesota tax, when your property value goes down it does
6
not mean your property tax will go down. The city's tax is divided by everyone in the city. The
property value is only used to determine their proportionate share.
Nawrocki stated this was not considered in the initial levy sent to the county and asked if we will
reduce the levy accordingly. Fehst stated that if had we not taken any action to the levy, the increase
to the property owner would have been seven percent. We passed an increase, keeping with our five
year plan, regardless of what the State does, of 3.98 percent. We did not make up the difference. A
goodly portion of cities passed the entire increase along to their citizens. We are lowering the levy
from last year and are not passing along the entire loss of revenue to the residents. Nawrocki stated
that residents will not receive the homestead credit plus they will pay the increase in our proposed
levy. Fehst stated that if we tax back everything we lost, it would be an increase of seven percent.
We are not taxing that back, but keeping with the five year plan. This will technically be a 3.1%
decrease from last year. Kloiber indicated the 3.98 percent increase is calculated to include the loss of
homestead credit. Fehst stated he would rather have the money go to the homeowners than play this
shell game every year. Nawrocki stated that we should recognize people in the community have been
hit by the financial problems of the country. One out of every eight homes went through the
foreclosure process. Fehst stated there have been about 100 foreclosures this year.
Schmitt questioned if the 3.98 percent anticipated levy would be reduced to 2.98 percent with the
$100,000 removed from the budget. Kloiber stated that fund is not supported by the levy. The levy
supports the operating fund.
Miscellaneous
Peterson introduced Keith Robertson, School Board member, present representing the Columbia
Heights Fine Arts Foundation. Robertson stated that the Boosters inspired them to do things for the
kids in the community, which improves the community. Last summer they presented the "Odd
Couple ". Next summer they will present "Father of the Bride ". The Columbia Heights Fine Arts
Foundation will host a benefit on December 4 at First Lutheran Church with a performance by
Hiram Titus. Every penny donated goes to the Foundation. There will be a scholarship given this
spring.
Schmitt suggested Daniel Roith for another fundraiser. He plays to sell out crowds and plays at St.
Tim's and the Heights Theater. Robertson stated that there may also be a golf tournament to raise
funds. Peterson stated his pleasure in the development of this foundation. Last week the school
enlarged their band program and received a $100,000 grant for instruments. Peterson spoke of the
program he attended with 90 5 graders and their progress achieved. Robertson referred to the
acceleration of 8 graders in the program.
Peterson stated that the Holiday Kickoff — Taste of Heights event will be held this Friday at Murzyn
Hall and will include some of these band members. Six local restaurants will participate.
CONSENT AGENDA
Nawrocki requested to remove items E, H, L, M, and N for discussion.
City Manager Walt Fehst took Councilmembers through the Consent Agenda items.
A. Approve City Council meeting minutes
Motion to approve the minutes of the October 24, 2011 City Council meeting.
B. Accept minutes of Boards and Commissions
Motion to accept the minutes of the July 26, 2011 HRA meeting.
Motion to accept the minutes of the September 28, 2011 Park and Recreation Commission meeting.
7
Motion to accept the minutes of the October 5, 2011 Library Board meeting.
C. Establish meeting date with District #13 Board of Education for Wednesday, November 16, 2011
at 7:00 p.m. at the Public Safety Building
Motion to set a joint meeting with the District #13 Board of Education for Wednesday, November
16, 2011 at 7:00 p.m. at the Public Safety Building.
D. Adopt Resolution No. 2011 -129, being a resolution requesting no change in fiscal disparities.
Motion to waive the reading of Resolution No. 2011 -129, there being ample copies available to the
public.
Motion to adopt Resolution No. 2011 -129, being a Resolution requesting no change in Fiscal
Disparities.
E. Adopt Resolution No. 2011 -127, being a Resolution adopting changes in wage ranges and
establishing wages for seasonal and temporary employees for calendar year 2012. - removed
F. Authorize School Liaison Officer Contract with Columbia Heights School District #13 for 2012
Motion to authorize the Mayor and Police Chief to enter into a Joint Powers agreement with
Columbia Heights Public Schools for the provision of a Police School Liaison Officer program as
stipulated in the Joint Powers Agreement for the period of January 1, 2012 through December 31,
2012.
G. Approve Transfer of Funds for JAG I Grant Overtime Reimbursement, Unique Thrift OT Details,
and Detox Transports from General Fund to Police Dept Overtime Line Item #1020
Motion to transfer the following from the General Fund to the Police Department 2011 Budget,
Overtime line item 1020: $3,874.51, the amount of money received from Anoka County as
reimbursement for overtime under the JAG I grant; $2,590.00, the amount of money received from
Unique Thrift for overtime details; and $690.00, the amount of money received from Anoka County
as reimbursement for detox transports.
H. Authorize purchase of replacement Fire Department rescue truck - removed
I. Adopt Resolution 2011 -132, being a resolution updating the income limit for senior citizen utility
rates.
Motion to waive the reading of Resolution 2011 -132, there being ample copies available to the
general public.
Motion to adopt Resolution 2011 -132, being a resolution updating the income limit for senior citizen
utility rates.
J. Acceptance of a matching grant in the amount of $19,933 for playground equipment replacement
at McKenna Park
Motion to accept the grant for McKenna Park in the amount of $19,933, appropriating matching
funds of $25,370 from the Park Development Fund 412, and furthermore authorize the Mayor and
City Manager to enter into an agreement for the same.
K. Approve final payment for Zone 5 Seal Coat Project No. 1101
Motion to accept the work for 2011 Seal Coat, City Project No. 1101 and authorize final payment of
$4,847.35 to Allied Blacktop Company of Maple Grove, Minnesota.
8
L. Adopt Resolution 2011 -128 authorizing the City Of Columbia Heights to enter into Agreement
No. 99883 with MnDOT to act as the City's agent in accepting Federal funds - removed
M. Adopt Resolution 2011 -130 accepting the Feasibility Report for Zone 6 Street Seal Coat and
ordering the Public Improvement Hearing, City Project No. 1201 - removed
N. Adopt Resolution 2011 -131 accepting the Feasibility Report for Zone 7 Street Rehabilitation and
ordering the Public Improvement Hearing, City Project No. 1202 - removed
O. Approval of attached list of rental housing applications.
Motion to approve the items listed for rental housing license applications for November 14, 2011 in
that they have met the requirements of the Property Maintenance Code.
P. Approve the Business License Applications
Motion to approve the items as listed on the business license agenda for November 14, 2011 as
presented.
Q. Review payment of the bills
Motion that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the
list of claims paid covering check number 141026 through 141273 in the amount of $1,165,539.70.
Motion by Diehm second by Schmitt, to approve the Consent Agenda items, with the exception of
items E, H, L, M, and N. Upon vote: All ayes. Motion carried.
Discussion
E. Adopt Resolution No. 2011 -127, being a Resolution adopting changes in wage ranges and
establishing wages for seasonal and temporary employees for calendar year 2012.
Nawrocki stated there are not wage adjustments included for part time people in the recreation
department at the recommendation of the Recreation Direction, even though he is getting a $800
increase in his salary. Leaving part- timers out seems unfair. Linda Magee, Assistant to the City
Manager/Human Resources Director, stated this recommendation for adjustment is for part time
temporary employees. The Recreation Director has not requested an increase and did not budget for
this. Many of these employees are moving through the step schedule.
Diehm indicated that most of these employees are high school or college students that will get an
increase next summer as they step up in their level.
Motion by Nawrocki that the proposed resolution be expanded to include those recreation department
individuals on Schedule 3.
Peterson stated that the Department Head has recommended this wage range. Schmitt asked if we are
having a hard time filling the positions and are we comparable to other communities. Magee
indicated that we do not have a hard time filling the positions and we are comparable with other
communities.
Peterson called for a second to the motion. Motion died for lack of a second.
Motion by Williams, second by Diehm, to waive the reading of Resolution 2011 -127, there being
ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Williams, second by Schmitt, to adopt Resolution 2011 -127, adopting changes in wage
ranges and establishing wages for seasonal and temporary employees for calendar year 2012.
9
Nawrocki indicated that this is not fair to all city employees.
Williams stated that with the step program there is a raise of about 2.5 percent per year for these
employees. Nawrocki referred to the step program everyone has.
Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. 5 ayes. Motion
carried.
H. Authorize purchase of replacement Fire Department rescue truck
Nawrocki asked if this is the truck for the Fire Chief. Chief Gorman stated this would replace our
rescue truck. The existing truck will go to the Public Works Department to replace a truck they were
going to purchase.
Motion by Nawrocki, second by Williams, to authorize the purchase of a 2012 Chevrolet Suburban
4x4 from Thane Hawkins Polar Chevrolet in the State of Minnesota Purchasing Contract amount of
$35,886.20; and to equip the vehicle with lights, sirens, and computer mounts in an amount not to
exceed $7,000; and a graphics package not to exceed $500. Funding shall be from the Fire Capital
Equipment fund 439 - 42200 -5150.
Schmitt asked if this replaces any Public Works trucks. Kloiber stated no.
Upon vote: All ayes. Motion carried.
L. Adopt Resolution 2011 -128 authorizing the City Of Columbia Heights to enter into Agreement
No. 99883 with MnDOT to act as the City's agent in accepting Federal funds
Kevin Hansen, Public Works Director, stated this is an update to an existing agreement to include
federal changes. They stipulate that the city provide supervision over the engineer, follow through the
project, and do follow up after the project. Some of these requirements were included in the
pedestrian bridge project. Nawrocki asked what funds we anticipate in the future. Hansen stated we
received two federal funding resources for the bridge. Future funds would be specific to highway
work. There is no anticipated work in the near future.
Motion by Nawrocki, second by Diehm, to waive the reading of Resolution No. 2011 -128, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2011 -128, being a resolution
authorizing the City of Columbia Heights to enter into Agreement No. 99883 authorizing MnDOT to
act as the City's Agent in accepting Federal funds for Federal Aid projects initiated by the City. Upon
vote: All ayes. Motion carried.
M. Adopt Resolution 2011 -130 accepting the Feasibility Report for Zone 6 Street Seal Coat and
ordering the Public Improvement Hearing, City Project No. 1201
Motion by Diehm, second by Williams, to waive the reading of Resolutions 2011- 130 and 131, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
Peterson noted there are two alternate dates.
Hansen stated the first resolution is for our annual seal coating maintenance activity. This is done on
about an eight year repeating cycle. Our street rehab policy is that after any major work the first seal
coat is paid by the city. Nawrocki stated he traveled all the streets and did not see the need for this
work on all of the streets.
10
Diehm asked the Public Works Director for an explanation of the projects. Hansen explained the
difference between seal coating, mill and overlay, and full street rehab. He explained the process to
determine the need for each project. Work is done based on the tested condition of the streets.
Nawrocki questioned what testing is done for seal coating. Hansen stated that every bituminous street
has had the three types of testing done in the year prior to the project. Nawrocki stated concern for the
tax payers in this economy. He did not see the cracks and potholes and suggested seal coating be done
on a ten year basis. Hansen stated they rely on MNDOT standards and they recommend an even
shorter cycle of four to six years. Streets do deteriorate. We do the right thing at the right time. Seal
coating is the least expensive work to maintain the street. Peterson stated our street program was
established to maintain the streets rather than let them deteriorate. We all sympathize with the tax
payer, but this is to save money in the long run. This system was agreed to about 15 years ago.
Schmitt asked if there was reconstruction from 42 to 44 Hansen stated that was a mill and overlay.
Schmitt questioned if it would have been easier to do the lower portion last year. Hansen stated that
due to the project size last year, this area was split. Schmitt questioned the estimated cost for the
church and two apartment buildings. Hansen stated that we have not yet prepared the feasibility
study. The policy applies to residential property, to which the city contributes.
Motion by Schmitt, second by Williams, to adopt Resolution 2011 -130, being a resolution accepting
the feasibility report for Zone 6 Street Seal Coat, City Project No. 1201, and ordering the Public
Improvement Hearing beginning at 6:30 p.m. on January 18, 2012.
Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes — 1 nay.
Motion carried.
N. Adopt Resolution 2011 -131 accepting the Feasibility Report for Zone 7 Street Rehabilitation and
ordering the Public Improvement Hearing, City Project No. 1202
Motion by Williams, second by Schmitt, to adopt Resolution 2011 -131, being a resolution accepting
the Feasibility Report for Zone 7 Street Rehabilitation, City Project No. 1202, and ordering the Public
Improvement Hearing beginning at 6:45 p.m. on January 18, 2012.
Nawrocki stated that property owners on these streets will be assessed over $3,000, which is a lot of
money in this economy. There is still life in the streets and we should postpone this work.
Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes — 1 nay.
Motion carried.
PUBLIC HEARINGS - none
ITEMS FOR CONSIDERATION - none
ADMINISTRATIVE REPORTS
Report of the City Manager
Fehst referred to article from the Finance Commerce newspaper about the new Aldi's in Columbia
Heights. They have tried to open a store here for five to seven years. He stated that they have now
built a beautiful building here and is the nicest one he has seen. The public grand opening is this
Friday. The ribbon cutting is this Thursday. The Chamber of Commerce will be there, as will the
local newspaper. We are delighted they are in town and they will do very well here.
Fehst stated there will be a free train ride to the new Ramsey NorthStar train station this Wednesday.
Fehst stated the Police Department reached out to the Muslim community with an event at the Fridley
11
Mosque to talk about our community programs, and landlord /tenant issues, and other policing issues.
Fehst referred to the current City Survey, together with the League of Minnesota Cities, with
questions about the services of the city. It is available on our web site. Fehst encouraged people to go
on line and fill out the survey. Nawrocki stated disappointment that the survey does not ask questions
about the taxes people pay. Relative to taxes, Nawrocki requested a list of reductions to balance the
budget for next year. He again recommended we go out for bids for our audit services and legal
services. East Bethal used our auditor, went out for bids and received a lower bid. Nawrocki stated
that he submitted a list of budget questions and requested copies of all questions and answers to the
budget. Nawrocki stated he took a strong exception to how the budget should work in our Charter
city. It is up to the Council to adopt the budget. Items should come to Council for changes. Nawrocki
questioned the cost of the annual employee luncheon so he could pay his portion. He will continue to
abide by the motion passed and pay his own way.
Nawrocki stated that occasionally he does not get the Sun Focus newspaper in his neighborhood.
When he called them, he was informed that they do not have enough papers for everyone. This is our
legal publication and it should go to everyone in the community. The Northeaster is put in a mailbox
versus the Sun Focus, which is thrown on the ground.
Nawrocki stated that the fence by Jackson pond has been pushed in. The wood fence along 43 is in
bad shape. Fehst stated that the parts were there to fix it, but this will be passed it along to the
inspection department. Nawrocki requested to know what impact the regional solid waste master
plan will have on Columbia Heights. Hansen stated that Jesse Davies will need to respond to this
question.
Report of the City Attorney — nothing to report.
CITIZENS FORUM
Peterson stated that there have been inquiries on LED Signs. The sign industry has changed and we
need the Planning and Zoning Commission to relook at our ordinance. Fehst indicated that the
company awarded the bid for the city hall LED sign is not performing and does not return calls. We
may need to revisit this bid award. Fehst stated that LED signs make merchants successful. Schmitt
requested that local businesses are contacted for their input.
Peterson reminded everyone of the Taste of Columbia Heights event on November 18 There will be
wine tasting and micro brews sampling. The Lions will have their bar open also. Nawrocki
questioned who would pay for the wine and beer. Peterson stated that the samples will be donated by
the suppliers.
Peterson stated: "Don't forget our service men and women protecting our freedom. Thank them for
their service. Don't take ourselves too seriously and do a random act of kindness ".
ADJOURNMENT
Mayor Peterson adjourned the meeting at 8:55 p.m.
Patricia Muscovitz CMC City Clerk
RESOLUTION NO. 2011-129
BEING A RESOLUTION REQUESTING NO CHANGE IN FISCAL DISPARITIES
12
WHEREAS, the State of Minnesota adopted Minnesota Statute Section 473F — a system designed to share tax resources
in the metropolitan area known as fiscal disparities; and,
WHEREAS, the idea of tax -base sharing is to narrow the gap between communities with a strong and growing
commercial - industrial tax base and communities with small or stagnated commercial - industrial tax base. To lessen the
difference between these "haves" and "have - nots," the law requires that 40 percent of new commercial - industrial tax
base be put back into the metropolitan pool and apportioned back to communities according to their population and
overall tax base; and,
WHEREAS, the Minnesota fiscal disparities tax sharing system is working and is making progress towards its objective;
and,
WHEREAS, tax base sharing results in spreading the benefits of regional centers and facilities to communities that do
not have them but whose taxpayers support them, either through sales or income taxes. Further, fiscal disparities is an
integral part of the metropolitan area's property tax system, and is a fundamental benefit to the entire metropolitan area
because it recognizes that communities are in interdependent economic unit — as shown by the recent formulation of the
economic development organization called "Greater MSP ";
NOW, THEREFORE, BE IT RESOLVED that the City of Columbia Heights respectfully requests the Governor and the
Minnesota Legislature to support continuation of the current Fiscal Disparities Law.
RESOLUTION 2011 -127
ADOPTING CHANGES IN WAGE RANGES AND ESTABLISHING WAGES FOR
TEMPORARY PART -TIME LIBRARY POSITIONS, SEASONAL PUBLIC WORKS POSITIONS,
SEASONAL /TEMPORARY RECREATION POSITIONS, AND INTERNS
WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for Non - Unionized City Employees
effective January 1, 1980 (Resolution 80 -47), which indicated that on an annual basis, changes may be adopted in Wage
Ranges.
NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights establishes wage ranges for non - unionized
temporary part-time Library positions, seasonal Public Works positions, seasonal /temporary Recreation positions, and
interns, as indicated on Schedule I, II, III, and IV, which are attached and on file in the office of the City Manager; and
BE IT FURTHER RESOLVED that such schedules be effective January 1, 2012.
RESOLUTION NO. 2011 —132
UPDATE INCOME LIMIT FOR SENIOR CITIZEN UTILITY RATES
WHEREAS, the City Council has previously established eligibility standards for senior citizen rates for refuse service,
sewage disposal, storm water and water supply; and
WHEREAS, it has been the City's practice to maintain uniform eligibility standards whenever possible:
NOW, THEREFORE, BE IT RESOLVED by the City of Columbia Heights as follows:
That anyone over 62 years of age with a maximum household income of
$31,400 will be eligible for reduced rates.
BE IT FURTHER RESOLVED that the above eligibility standard is effective January 1, 2012.
RESOLUTION NO. 2011-128
BEING A RESOLUTION AUTHORIZING THE CITY OF COLUMBIA HEIGHTS TO ENTER INTO AN
AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE CITY OF
COLUMBIA HEIGHTS FOR FEDERAL PARTICIPATION IN CONSTRUCTION
BE IT RESOLVED, that pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation be appointed as
Agent of the City of Columbia Heights to accept as its agent, federal aid funds which may be made available for eligible
transportation related projects.
BE IT FURTHER RESOLVED, the Mayor and the City Manager, are hereby authorized and directed for and on behalf
of the City to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and
conditions of said federal aid participation as set forth and contained in "Minnesota Department of Transportation Agency
Agreement No. 99883 ", a copy of which said agreement was before the City Council and which is made a part hereof by
13
reference.
RESOLUTION 2011 -130
BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR ZONE 6 STREET SEAL
COAT /ORDERING THE PUBLIC IMPROVEMENT HEARING CITY PROJECT NO. 1201
WHEREAS, the City Council has adopted a Street Rehabilitation Program which divides the City into seven zones, and
WHEREAS, pursuant to Resolution 2011 -093, a report has been prepared by the City Engineer with reference to the
Zone 6 Street Seal Coating Program, and
WHEREAS, Zone 6 is bounded by University Avenue and Central Avenue, from 40 Avenue to 44 Avenue, and
WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost
effective, and
Said report is hereby received by the City Council of Columbia Heights on November 14, 2011.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA
1. The Council will consider the improvement of such streets in accordance with the report and the assessment of
abutting or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes,
Chapter 429 at an estimated total cost of the improvement of $125,200.
2. A public hearing shall be held on such proposed improvement on the 18 day of January, 2012, in the City
Council Chambers at 590 40 Avenue N.E. at 6:30 P.M. and the City Clerk shall give mailed and published
notice of such hearing and improvement as required by law.
RESOLUTION 2011 -131
BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR ZONE 7 STREET REHABILITATION
AND ORDERING THE PUBLIC IMPROVEMENT HEARING,
CITY PROJECT NO. 1202
WHEREAS, the City Council has adopted a Street Rehabilitation Program which divides the City into seven zones, and
WHEREAS, pursuant to Resolution No. 2011 -092, a report has been prepared by the City Engineer with reference to the Zone 7
area of the Street Rehabilitation Program, and
WHEREAS, Zone 7 is bounded by California Street/Main Street and University Avenue from 37 Avenue to 45' Avenue and
University Avenue and Central Avenue from 37 Avenue to 40 Avenue, and
WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost - effective, and
Said report is hereby received by the City Council of Columbia Heights on November 14, 2011.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA
1. The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting
or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at
an estimated total cost of the improvement of $401,700.00.
2. A public hearing shall be held on such proposed improvement on the 18 day of January, 2012, in the City Council
Chambers at 590 40' Avenue N.E. at 6:45 P.M. and the City Clerk shall give mailed and published notice of such
hearing and improvement as required by law.
14
COLUMBIA HEIGHTS - CITY COUNCIL LETTER
Meeting of: November 28, 2011
AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGERS
NO: CITY MANAGER APPROVAL
ITEM: Adopt Res. 2011 -133 Council BY: Walt Fehst BY: 41
meeting date December 2011 DATE: November 22, 2011 DATE:
NO:
Background:
The regularly scheduled second meeting in December City Council meeting date is December 26, 2011.
This is the December 25 observed holiday.
In the past years, the City Council has chosen to cancel the last regular meeting of the year.
Recommendation:
• Cancel the Monday, December 26, 2011 regularly scheduled City Council meeting.
Recommended Motion:
MOTION: Move to waive the reading of Resolution No. 2011 -133, there being ample copies available
to the public.
MOTION: Move to adopt Resolution 2011 -133, being a Resolution canceling the Monday,
December 26, 2011 City of Columbia Heights regular City Council meeting.
COUNCIL ACTION:
15
RESOLUTION NO. 2011-133
BEING A RESOLUTION CANCELING THE
CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETING OF
MONDAY, DECEMBER 26, 2011
WHEREAS: The City of Columbia Heights offices are closed on Monday, December
26, 2011, and;
WHEREAS: The City Council has agreed to cancel the regular Council meeting
scheduled for Monday, December 26, 2011;
NOW, THEREFORE, BE IT RESOLVED, that all interested parties be advised of this
change.
Passed this 28 day of November 2011
Offered by:
Second by:
Roll call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
16
CITY COUNCIL LETTER
Meeting of: November 28, 2011
AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER
NO: Community Development APPROVAL
ITEM: Adopt Resolution 2011 -134, Fourth BY: Sheila Cartney BY' .
Amendment to Amended and Restated DATE: November 21, 2011
Contract for Private Redevelopment — Huset
Park Development
Background:
BNC bank requested an extension on commencement and completion dates for Phases IB and IIA (Senior units and
commercial with condos above). The EDA approved the extension at their November 22, meeting. This is a three
party agreement and requires City Council approval as well.
The following table represents the second amendments dates and the new proposed Request:
Phase Amended Date
Proposed Date
IIIA Commence by Commence by
Housing 12/30/2011 12/30/2012
and Complete by Complete by
Commercial 12/30/2013 12/30/2014
IB 80% October 31, 2011 80% Complete
October 31, 2012
Recommendation:
Staff recommends the Council amend the development contract as requested to change commencement and completion
dates.
Recommended Motion:
Motion: Move to waive the reading of Resolution 2011 -134, there being ample amount of copies available to the
public.
Motion: Move to adopt Resolution 2011 -134, a Resolution approving the Fourth Amendment and Restated Contract
for Private Redevelopment by and between Columbia Heights EDA and BNC Bank as Successor to Huset Park
Development Corporation.
Attachments: Resolution, Amendment Request
COUNCIL ACTION:
17
CITY OF COLUMBIA HEIGHTS
RESOLUTION NO. 2011-134
RESOLUTION APPROVING A FOURTH AMENDMENT TO AMENDED AND
RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE
COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, THE
CITY OF COLUMBIA HEIGHTS AND HUSET PARK DEVELOPMENT
CORPORATION
BE IT RESOLVED By the City Council ( "Council ") of the City of Columbia Heights,
Minnesota ( "City ") as follows:
Section 1. Recitals.
1.01. The Columbia Heights Economic Development Authority ( "Authority ") has
determined a need to exercise the powers of a housing and redevelopment authority, pursuant to
Minnesota Statutes, Sections. 469.090 to 469.108 ( "EDA Act "), and is currently administering the
Downtown CBD Redevelopment Project ( "Redevelopment Project ") pursuant to Minnesota
Statutes, Sections 469.001 to 469.047 ( "HRA Act ").
1.02. The Authority, the City and Huset Park Development Corporation (the
"Redeveloper ") entered into a into an Amended and Restated Contract for Private Redevelopment
dated as of August 1, 2007, as amended by a First Amendment thereto dated June 16, 2008 and a
Second Amendment thereto dated as of February 9, 2009 and a Third Amendment Thereto dated as
of September 28, 2009 (the "Contract "), setting forth the terms and conditions of redevelopment of
certain property within the Redevelopment Project, generally located east of University Avenue and
south and west of Huset Park .
1.03. The parties have determined a need to modify the Contract in certain respects, and
have caused to be prepared a Fourth Amendment to Amended and Restated Contract for Private
Redevelopment (the "Amended Contract ").
1.04. The Council has reviewed the Amended Contract and finds that the execution
thereof and performance of the City's obligations thereunder are in the best interest of the City and
its residents.
Section 2. City Approval; Further Proceedings.
2.01. The Amended Contract as presented to the Council is hereby in all respects
approved, subject to modifications that do not alter the substance of the transaction and that are
approved by the Mayor and City Manager, provided that execution of the documents by such
officials shall be conclusive evidence of approval.
2.02. The Mayor and City Manager are hereby authorized to execute on behalf of the City
the Amended Contract and any documents referenced therein requiring execution by the City, and
to carry out, on behalf of the City its obligations thereunder.
394821v1 SJB CL205 -23
18
Approved by the City Council of the City of Columbia Heights, Minnesota this 28 day of
November, 2011.
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
ATTEST:
Patricia Muscovitz CMC
City Clerk
394821v1 SJB CL205 -23 2
19
f 1
,} « --ra , TM .• —ter.. ik
b
ational
ar A Srlhxidiar, of "NCCOR1; Inc
+n1
The- AtofFitlancial Success®
240 Investors Building 733 Marquette Avenue South Minneapolis, MN 55402 www.bncbank.co "t Telephone; (612) 305-2200 FAX: (612) 305.0434
November 4, 2011
Sheila Cartney
Assistant Community Development Director
Columbia Heights Community Development
590 40th Avenue Northeast
Columbia Heights, Minnesota 55421
Re: Amended and Restated Contract for Private Redevelopment dated August
1, 2007, as amended, by and among Columbia Heights Economic
Development Authority, Columbia Heights, Minnesota, the City of
Columbia Heights, and Huset Park Development Corporation (the
"Contract for Redevelopment ")
Dear Ms. Cartney:
BNC National Bank is the successor -in- interest by foreclosure to Huset Park Development
Corporation (the "Developer ") under the above - referenced Contract for Redevelopment.
Please accept this letter as our formal request for an extension of the Phase III A
commencement and completion deadlines referenced in Section 4.3 of the Contract for
Redevelopment. We respectfully request that the Phase III A commencement date be changed
from December 30, 2011 to December 30, 2012 . and that the Phase 111 A completion date be
changed from December 30,. 2013 to December. 30, 2014. We further request that our request
for an extension of Phase 111 A commencement and completion dates be placed on the agenda
for the November 22 Columbia Heights Economic Development Authority meeting.
Very truly yours,
/ , . ,
Randy Johnson
Commercial Estate Loan Administrator
Member FDIC `° ° LENDER '"°
20
CITY COUNCIL LETTER
Meeting of: November 28, 2011
AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER
NO: Community Development APPROVAL
ITEM: Assignment of Redevelopment Agreement BY Scott Clark BY: �co
to O'Reilly's, Inc. from Central LLC- DATE: November 21, 2011 �`
Resolution 2011 -135
Background Information: On November 21, 2011 the EDA approved the attached assignment to
O'Reilly, Inc. from Central LLC. The City is part of the Agreement, and as such needs to act on the
same. No further assistance was granted at this time.
Recommendation: Staff recommends approval as written
Recommended Motion:
Motion: Move to Waive the Reading of Resolution 2011 -135 there being ample copies for the public
Motion: Move to adopt Resolution 2011 -135 approving agreement for assignment and release of obligations, and
amendment of amended and restated contract for private redevelopment by and between Columbia Heights Economic
Development Authority and the City of Columbia Heights Minnesota and 37 and Central LLC.
Attachments: Resolution, Assignment
COUNCIL ACTION:
21
CITY OF COLUMBIA HEIGHTS
RESOLUTION NO. 2011-135
RESOLUTION APPROVING AGREEMENT FOR ASSIGNMENT AND
RELEASE OF OBLIGATIONS, AND AMENDMENT OF AMENDED AND
RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT BY AND
BETEWEEN COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT
AUTHORITY COLUMBIA HEIGHTS MINNESOTA AND THE CITY OF
COLUMBIA HEIGHTS MINNESOTA AND 37th AND CENTRAL LLC
BE IT RESOLVED By the City Council (the "Council ") of the City Columbia Heights
Minnesota, (the "City ") as follows:
Section 1. Recitals.
1.01. The City, the Authority and 37th and Central LLC (the "Redeveloper ") entered into a
Contract for Private Redevelopment dated June 24, 2008, as amended by a First Amendment thereto
dated April 28, 2009, and as amended by the Second Amendment dated May 25, 2010 (collectively,
the "Contract ").
1.02. The Redeveloper has concluded negotiations with O'Reilly Automotive Stores, Inc. a
Missouri corporation ( "O'Reilly ") for the purchase by O'Reilly of all of the Redeveloper's interest
in the Contract.
1.03. The Council has reviewed the "AGREEMENT FOR ASSIGNMENT AND
RELEASE OF OBLIGATIONS, AND AMENDMENT OF AMENDED AND RESTATED
CONTRACT FOR PRIVATE REDEVELOPMENT BY AND BETEWEEN COLUMBIA
HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY COLUMBIA HEIGHTS
MINNESOTA AND THE CITY OF COLUMBIA HEIGHTS MINNESOTA AND 37th AND
CENTRAL LLC" (the "Assignment ") providing for the assignment of the Contract to O'Reilly, the
release of the Redeveloper from its remaining obligations under the Contract, and the amendment of
the Contract as stated therein, and finds that the execution thereof and performance of the City's and
Authority's obligations thereunder are in the best interest of the City and its residents.
Section 2. City Approval; Further Proceedings.
2.01. The Assignment as presented to the Council is hereby in all respects approved, subject
to modifications that do not alter the substance of the transaction and that are approved by the
Mayor and City Manager, provided that execution of the documents by such officials shall be
conclusive evidence of approval.
2.02. The Mayor and City Manager are hereby authorized to execute on behalf of the City
the Assignment and any documents referenced therein requiring execution by the City, and to carry
out, on behalf of the City its obligations thereunder.
394733v2 MTN CL205 -44
22
Passed this day of 2011
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
ATTEST:
Patricia Muscovitz CMC City Clerk
394733v2 MTN CL205 -44 2
23
AGREEMENT FOR ASSIGNMENT AND RELEASE
OF OBLIGATIONS, AND AMENDMENT
OF
AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT BY
AND BETEWEEN COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT
AUTHORITY COLUMBIA HEIGHTS MINNESOTA AND THE CITY OF COLUMBIA
HEIGHTS MINNESOTA AND 37 AND CENTRAL LLC
I. Recitals.
1.1 The Effective Date of this Agreement is December , 2011.
1.2 The Parties to this AGREEMENT FOR ASSIGNMENT AND RELEASE OF
OBLIGATIONS, AND AMENDEMENT OF AMENDED AND RESTATED CONTRACT
FOR PRIVATE REDEVELOPMENT BETWEEN COLUMBIA HEIGHTS ECONOMIC
DEVELOPMENT AUTHORITY COLUMBIA HEIGHTS MINNESOTA AND THE CITY
OF COLUMBIA HEIGHTS MINNESOTA AND 37 AND CENTRAL LLC (the
"Agreement "), are the COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT
AUTHORITY, a public body corporate and politic under the laws of Minnesota (the
"Authority "), the CITY OF COLUMBIA HEIGHTS, a Minnesota municipal corporation (the
"City "), 37 and CENTRAL LLC., a Minnesota limited liability company (the "Redeveloper ")
and O'REILLY, a ( "Successor Redeveloper ").
1.3 The Authority, City and Redeveloper are parties to that certain Contract for
Private Redevelopment dated June 24, 2008, as amended by a First Amendment thereto dated
April 28, 2009, and as further amended by a Second Amendment thereto dated May 25, 2010,
all as recorded in the Office of the Anoka County Recorder (collectively, the "Contract ").
1.4 Various real estate parcels are subject to redevelopment under the Contract. The
Successor Redeveloper has entered into that certain "Purchase Contract" with 37 and Central
LLC, to purchase all of the parcels subject to the Contract and described as the
"Redevelopment Property" in the Contract for the purpose of developing the "Minimum
Improvements ", also as defined in the Contract. The Redevelopment Property is more fully
described on Schedule A, attached hereto.
1
394017v4 MTN CL205 -44
24
1.5 Among other obligations of the Redeveloper under the Contract, the
Redeveloper entered into that certain "Loan Agreement" and executed that certain "Promissory
Note" in the principal amount of $43,600, with Redeveloper as Maker and the Authority as
Holder, each dated as of July 2, 2008, in order to provide additional financing for the Project.
The Loan Agreement and Promissory Note by their terms require Redeveloper to pay off the
Note upon the sale of the Minimum Improvements.
1.6 In connection with the sale of the Redevelopment Property the Redeveloper has
requested an assignment of, and a release from, the teens and conditions of the Contract, and
as to the Redevelopment Property pursuant to Article VIII of the Contract.
1.7 Redeveloper desires to assign, and Successor Redeveloper desires to assume
Redeveloper's rights and obligations under the Contract, and with respect to the Redevelopment
Property.
1.8 The Authority and City have approved certain grant funding for use consistent
with the proposed development of the Minimum Improvements as described in § 3.7 Grants.,
of the Contract. The Redeveloper has received certain grant funding to date, leaving a balance
of $100,000 available to be awarded to Successor Redeveloper upon its commencement of
construction of the Minimum Improvements.
1.9 The City has approved the Redevelopment Property for use consistent with the
proposed development of the Minimum Improvements. On that basis, the City and the
Authority are willing to approve an assignment of the Contract to Successor Redeveloper and
release Redeveloper from the terms and conditions of the Contract subject to the terms and
conditions of this Agreement.
THEREFORE, IT IS AGREED AS FOLLOWS:
II. Agreement.
2.1 The Recitals in Section I are incorporated into this Agreement by reference.
2.2 Redeveloper hereby assigns, and Successor Redeveloper hereby expressly
assumes all of the rights and obligations of Redeveloper under the Contract with respect to
construction of the Minimum Improvements on the Redevelopment Property.
2.3 The Authority and the City hereby consent to and approve the assignment in
section 2.2 above.
2.4 From and after the effective date set forth above, Redeveloper is released from
its obligations under the Contract, and as to the construction of the Minimum Improvements on
the Redevelopment Property, subject to the following:
(a) Redeveloper and Successor Redeveloper completing negotiation and
execution of that certain "Purchase Contract ", transferring Redeveloper's interests under
the Contract and the Redevelopment Property to Successor Redeveloper.
2
394017v4 MTN CL205 -44
25
(b) Redeveloper and Successor Redeveloper executing this Agreement.
(c) Redeveloper paying off the Promissory Note ($43,600) in favor of the
Authority at or before closing with Successor Redeveloper.
2.5 The parties agree that upon issuance of a Certificate of Completion for the
Minimum Improvements, that the Contract will no longer affect the Redevelopment Property,
the Successor Redeveloper or its successors or assigns, and no further documentation will be
required to remove the Contract or this Agreement from the real property records of the
Redevelopment Property. Notwithstanding the foregoing, if it is reasonably determined that
any additional documentation is necessary or beneficial to remove the Contract and this
Agreement from the real property records of the Redevelopment Property, the parties agree to
execute any and all reasonable documentation to remove the Contract and this Agreement from
the real property records of the Redevelopment Property without any condition or delay.
III. Amendments to Contract.
3.1 Section 4.3 of the Contract states that the Redeveloper must commence
construction of the Minimum Improvements by May 1, 2011, and must substantially complete
construction of the Minimum Improvements by January 1, 2012. The parties agree the
Redeveloper is not in default under Section 4.3 of the Contract. Section 4.3 of the Contract is
amended as follows:
Section 4.3. Completion of Construction. (a) Subject to Unavoidable Delays, the
Redeveloper must commence construction of the Minimum Improvements by May 1, 2011 May
1, 2012, and must substantially complete construction of the Minimum Improvements by January
1, 2012 November 1, 2012. All work with respect to the Minimum Improvements to be
constructed or provided by the Redeveloper on the Redevelopment Property shall be in
substantial conformity with the Construction Plans as submitted by the Redeveloper and
approved by the Authority and the City. If the Redeveloper is making substantial progress with
respect to the redevelopment project, and is unable to meet one or more of the above - referenced
deadlines, the Authority and the Redeveloper shall negotiate in good faith for a reasonable period
to extend the time in which necessary action(s) must be taken or occur, the lapse of which time
would otherwise constitute a default under this Agreement.
3.2 Successor Redeveloper shall be eligible to receive the remaining $100,000 in
grant funds from the Authority authorized by § 3.7 of the Contract upon being issued a building
permit for construction of the Minimum Improvements. Section 3.7 of the Contract is amended
by adding a new sub - section (j) to read as follows:
(j) Redeveloper shall conduct a wage survey at the direction of Authority staff for
compliance with CDBG grant funding received for the construction of the Minimum
Improvements.
3.3 Section 10.6 (a) of the Contract is amended to read as follows:
3
394017v4 MTN CL205 -44
26
(a) in the case of the Redeveloper, is addressed to or delivered personally to the
Redeveloper at 522 Lomianki Lane, Minneapolis, MN, 55421 O'Reilly Auto Parts, Charlie
Downs, Vice President Real Estate, 233 S. Patterson, Springfield, MO 65801;and
3.4 Upon final execution and approval of this Agreement, the "Successor
Redeveloper" as described in this Agreement shall be described as the "Redeveloper ".
3.5 This Agreement may be executed in any number of counterparts, each of which
shall constitute one and the same instrument.
3.6 All other terms and conditions of the Contract, as amended herein, shall remain in
full force and effect unless modified by the parties pursuant to the requirements of the Contract.
[Remainder of page intentionally left blank, separate signature pages to immediately follow]
4
394017v4 MTN CL205 -44
27
[Separate Signature Page to Approval of Assignment and Release of Obligations Under Contract
For Private Redevelopment)
COLUMBIA HEIGHTS ECONOMIC
DEVELOPMENT AUTHORITY
By
Its President
By
Its Executive Director
STATE OF MINNESOTA )
ss.
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this day of November,
2011, by Gary L. Peterson and Walter R. Fehst, the President and Executive Director of the
Columbia Heights Economic Development Authority, a public body politic and corporate, on
behalf of the Authority.
Notary Public
5
394017v4 MTN CL205 -44
28
[Separate Signature Page to Approval of Assignment and Release of Obligations Under Contract
For Private Redevelopment]
CITY OF COLUMBIA HEIGHTS
By
Its Mayor
By
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this day of
2011, by Gary L. Peterson and Walter R. Fehst, the Mayor and City Manager of the City of
Columbia Heights, a Minnesota municipal corporation, on behalf of the City.
Notary Public
6
394017v4 MTN CL205 -44
29
[Separate Signature Page to Approval of Assignment and Release of Obligations Under Contract
For Private Redevelopment)
37TH AND CENTRAL LLC
By Christopher Little
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2011 by Christopher Little, the of 37th and Central
LLC, a Minnesota limited liability company, on behalf of the company.
Notary Public
7
394017v4 MTN CL205 -44
30
[Separate Signature Page to Approval of Assignment and Release of Obligations Under Contract
For Private Redevelopment]
O'REILLY AUTOMOTIVE STORES, INC.
By
Its
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2011 by , the of O'Reilly
Automotive Stores, Inc, a Missouri corporation, on behalf of the corporation.
A- 1394017v4 MTN CL205 -44 8
31
SCHEDULE A
REDEVELOPMENT PROPERTY
City Parcels
Address PIN Former Use Property Description
3710 Central 35- 30 -24 -44 -0119 Beecroft building COLUMBIA HEIGHTS
(demolished) ANNEX TO
MINNEAPOLIS,
ANOKA COUNTY,
MINNESOTA LOT 16
BLK 87 COL HTS
ANNEX
3718 Central 35- 30 -24 -44 -0118 Non - conforming COLUMBIA HEIGHTS
single - family home ANNEX TO
(demolished) MINNEAPOLIS,
ANOKA COUNTY,
MINNESOTA LOT 15
BLK 87 COL HTS
ANNEX
3722 Central 35- 30 -24 -44 -0117 Non - conforming COLUMBIA HEIGHTS
single - family home ANNEX TO
(demolished) MINNEAPOLIS,
ANOKA COUNTY,
MINNESOTA LOT 14
BLK 87 COL HTS
ANNEX
Redeveloper Parcels
Address PIN Former Use Property Description
3700 Central 35- 30 -24 -44 -0121 Chutney restaurant THE S 50 FT OF LOT 18
BLK 87 COLUMBIA
HEIGHTS ANNEX,
SUBJ TO EASE OF REC
3706 Central 35- 30 -24 -44 -0120 Chutney parking lot LOT 17 BLK 87
COLUMBIA HEIGHTS
ANNEX, TOG /W THAT
PRT OF LOT 18 SD BLK
LYG N OF S 50 FT
THEREOF, SUBJ TO
EASE OF REC
A -1
394017v4 MTN CL205 -44
32
CITY COUNCIL LETTER
Meeting of November 28, 2011
AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY
Fire MANAGER
NO: APPROVAL
ITEM: Rental Housing BY Gary Gorman BY
Licenses
NO: DATE: November 22, 2011 DATE:
Approval of attached list of rental housing applications.
RECOMMENDED MOTION: Move to approve the items listed for rental housing
license applications for November 28, 2011 in that they have met the requirements of the
Property Maintenance Code.
COUNCIL ACTION:
33
*1/7 2O7 Print Rental Licenses to
FIRE DEPARTMENT approve by CC
825 41st Avenue N.E. - Columbia Heights, MN 55421 - Ph: 763 - 706 -8156 - Fax: 763 -706 -8151
10079 4304 QUINCY ST NE Isenberg, Christine F11333
1028 Jessamine Ave. E. $ 150.00
St. Paul, MN 55106
10080 4026 RESERVOIR BLVD NE Reservoir Holdings, LLC F11319
4026 RESERVOIR BLVD NE Attn: Dan Vogtman$ 150.00
Columbia Heights, MN 55421
10091 4915 5TH ST NE Krebsbach, John F11315
PO Box 4036 $ 150.00
St. Paul, MN 55104
10152 3931 JACKSON ST NE Burson, Stephen F11480
1823 14th Ave S. $ 150.00
Minneapolis, MN 55404 -1441
10199 1070 GRANDVIEW CT NE Reiners, Mark F11116
1165 Polk Place $ 150.00
Columbia Heights, MN 55421
10204 3922 ARTHUR ST NE Williams, Jon F11287
16851 Potomac Street $ 150.00
Columbus, MN 55025
10246 3705 QUINCY ST NE Holt, David F11312
1880 Alta Vista Drive $ 150.00
Roseville, MN 55113
10299 3816 2 1/2 ST NE Fehl, John F11273
3816 2 1/2 ST NE $ 150.00
Columbia Heights, MN 55421
10307 5006 7TH ST NE Parker, Timothy F11364
750 Sullivan Way NE $ 150.00
Columbia Heights, MN 55421
12094 1026 45TH AVE NE Hamilton, Vicki F11230
5990 Oakwood Manor $ 150.00
Fridley, MN 55432
12167 4957 TYLER ST NE Klenert, Elizabeth F11324
4957 Tyler Street $ 150.00
Columbia Heights, MN 55421
11/22/2011 11:43 Page 1
34
Print Rental Licenses to
FIRE DEPARTMENT approve by CC
1 ' ' I.
uoo*1m Avenue mE,' Columbia Heights, MN on*2/- Ph: 763-nom-81mm- Fax: r63-7on-81nn
20040 1300 CIRCLE TERRACE BLVD NE Fragale, Estate of Ed F11275
PD Box 647 $ 150.00
Cambridge, MN 55008
20052 860471/2 AVE NE Larson, Dwight F11455
PO Box 11728 $150.O0
St. Paul, MN55111
20075 4514 FILLMORE ST NE Fitzpatrick, Ed F11285
1682 Beechwood ST. N.E. Apt. #1 $ 150.00
North Canton, OH 44720
20007 4056 5TH ST NE Brown, Anthony F11465
2697 E. County Road E $ 150.00
White Bear Lake, MN 55110
20150 4555 FILLMORE ST NE P|ex Enterprises, LLC F11057
740 107th Court NE $ 150.00
Blaine, MN 55434
20171 4650 WASHINGTON ST NE Washington Street Homeowners Assoc. LLC F11238
PO Box 32 $ 150.00
New Richmond, WI 54017
20200 4655 POLK ST NE Cooper, Barbara F11344
PO Box 120447 $ 150.00
St. Paul, MN55112
30003 1675 44TH AVE NE Crest View Corporation F11172
4444 Reservoir Blvd. N.E. Attn: Talia Aramalay $ 530.00
Columbia Heightu, MN 55421
30007 4417 UNIVERSITYAVE NE DRS Rental Townhomes, LLC F11408
401 Robert Street N. STE. #150 $ 160.00
St. Paul, K1N55101
30034 2200 39TH AVE NE Consolidated Realty of MpIs F11339A
750 Pennsylvania Ave. S. $ 470.00
Minneapolis, MN 55426
30038 615 4OTH AVE NE Ukatu, Edward F11260
P.D. Box 130383 $ 165.00
St. Paul, K4N55113
11/22/2011 11:43 Page 2
35
7 .----. ), TS
Print Rental Licenses to
FIRE approve by CC
a2o*1m Avenue w�.' Columbia Heights, wwoswx1' Ph; roo-7u6-m1so' Fax: roo-7ueu1m
30886 3839 HART BLVD NE Consolidated Realty of Minneapolis F11339
75OPannoyvania Ave. S. $ 950.00
Minneapolis, MN 55426
30077 4550 MADISON ST NE Owens, Robert F11203
409 - 105th Lane $ 160.00
Coon Rapids, MN 55448
30129 4621 UNIVERSITY AVE NE 4621.LLC F11360
27749 Bay Shore Drive $ 248.00
|oanti.K8N55040
30147 3925 3RD ST NE HBG Group F11340
7800 Metro Pkwy Suite #300 $ 266.00
Bloomington, MN 55425
,
30154 4341 TYLER PL NE Chohun.Raaoo F11430
5300 Central Avenue N.E. $ 160.00
Fridley, MN 55421
30171 4242 3RD ST NE Berg, Richard F11054A
3535 Cleveland Street $ 248.00
Minneapolis, MN 55418
30173 4233 3RD ST NE Berg, Richard F11054
3535 Cleveland Street $ 248.00
Minneapolis, MN 55418
30175 3806 STINSON BLVD NE Bryant, LLC F11435
5065 Johnson Street N.E. $ 356.00
Columbia Heights, MN 55421
30177 3816 STINSON BLVD NE Bryant, LLC F11435A
5065 Johnson Street N.E. $ 356.00
Columbia Heightn, MN 55421
Total # of Licenses 31
11/22/2011 11:43 Page 3
36
CITY COUNCIL LETTER
Meeting of November 28, 2011
AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER
NO: License Department APPROVAL
ITEM: Business License Agenda BY: Shelley Hanson DATE:
NO: DATE: November 21, 2011 BY
BACKGROUND /ANALYSIS
Attached is the business license agenda for the November 28, 2011 Council meeting. This agenda
consists of applications for Contractor licenses for 2011 -12, and the renewal of various business
licenses for 2012.
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 28, 2011 as
presented.
COUNCIL ACTION:
37
TO CITY COUNCIL November 28, 2011
*Signed Waiver Form Accompanied Application
CONTRACTOR'S LICENSES -2011
BLDG
CONTRACTOR'S LICENSES — 2012
BLDG *Metro Air 16980 Welcome Ave SE, Prior Lake $60
*Sedgwick Htg 1408 Northland Dr, Mendota Hts $60
*Quality Refrig 6237 Penn Ave S, Richfield $60
*Kato Roofing 321 Lundin Blvd, Mankato $60
*McGough Const 2737 Fairview Ave N, Roseville $60
*Fireside Hearth & Hm 2700 Fairview Ave, Roseville $60
*Let's Get Graphic 8560 Cottonwood St, Coon Rapids $60
*Standard Htg 130 Plymouth Ave, Mpls $60
*A Plus Roofing 1051 Cliff Rd E, Burnsville $60
Park Plumbing PO Box 896, Winsted $60
*Easco P1 & Htg 7965 Pioneer Trail, Loretto $60
Practical Systems 4342B Shady Oak Rd, Hopkins $60
*Gene's W & S 3134 California St, Mpls $60
Uptown Heating 3110 Washington Ave N, Mpls $60
*Kath HVAC 3096 Rice St, Little Canada $60
*Corval Construct 1633 Eustis St, St Paul $60
*Walsh Plumb 9711 6 St NE, Blaine $60
Mathey Sign 8862 Zealand Ave N, Brk. Pk $60
*Asphalt Driveway Co 3350 University Ave, Mpls $60
*Air Rite Htg 15731 Hallmark Path, Apple Valley $60
*The Davey Tree Expert 2500 Fernbrook Ln N, Plymouth $60
*St. Croix Tree Service 675 Grupe St, Roberts, WI $60
FUEL DISPENSING DEVICES -2012
University Auto 5257 University Ave, Col. Hts. $80
CIGARETTE SALES -2012
Filfilah Market 4305 Central Ave, Col. Hts $300
Totem Foods 4635 Central Ave, Col. Hts $300
University Auto 5257 University Ave, Col. Hts $300
Rainbow Foods 4300 Central Ave, Col. Hts $300
SA Gas 5000 Central Ave, Col. Hts $300
Columbia Market 4901 University Ave, Col. Hts S300
SMOKE SHOP -2012
38
POL Fouad's /Hookah Paradise 4110 Central Ave, Col. Hts. $300
Hookah Kingdom 4919 Central Ave, Col. Hts. $300
Top Value Tobacco 2311 37 Ave, Col. Hts. $300
Urban She -Sha 334 40 Avenue, Col. Hts. $300
MOTOR VEHICLE SALES
POL David's Auto Sales 573 40 Avenue, Col. Hts. $300
SECONDHAND DEALER'S
POL/F /B /Z Saver's Inc. 4849 Central Ave, Col. Hts. $100
GAMES OF SKILL
POL Theisen Vending For Laundry World and Family Dollar $105
Metro Coin of MN For Star Bar and VFW $60
WINE/BEER
POL /F /B /Z Puerta del Sol 3800 Central Ave, Col. Hts. $2400
LIQUOR
POL/F /B /Z Sarna's Bar & Grill 3939 University Ave, Col. Hts. $6,700
LaCasita Restaurant 5085 Central Ave, Col. Hts. $6,700
BEER
POL /F /B /Z Albert's (On Sale) 547 40 Avenue NE, Col. Hts. $400
SA Gas (Off Sale) 5000 Central Ave, Col. Hts. $150
Top Value Tobacco (Off sale)2311 37 Avenue, Col. Hts. $ 150
CLUB LIQUOR/BEER
POL/F /B /Z Columbia Hts Lions Club 550 Mill St, Col. Hts. $300
Temp Beer for Jamboree 2012 Huset Park $400
Col. Hts. VFW Post 230 4446 Central Ave, Col. Hts. $500
39
CITY OF COLUMBIA HEIGHTS
FINANCE DEPARTMENT
COUNCIL MEETING OF: November 28, 2011 .
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF COLUMBIA HEIGHTS
Motion: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City
Council has received the list of claims paid covering check number 141274 through
141383 in the amount of $ 346,065.63 .
These checks have been examined and found to be legal charges against the CITY OF
COLUMBIA HEIGHTS, and are herby, recommended for payment.
40
Cr) 41 IC - X i 4
Z g * *
z. * *
O * *
g C..) * *
H * *
II) N * * Ca4
X H * * U)
Z • * * Z71
00 * * u
1 * *
4.. u) r24 * * H o
000
* * al) H
Lf1 ,r *
> o Ln * *
F ,- ,-q -K
O * * rI 0 kX)
00 •.-1 0
1 4 0
* *
z H
4 • *
)1 (.1) 04 LID
* * * * * * t-. 4
* .4 4) 4-) 4-) 4-) 4-) 4-) 4-) 4) 4) 4-) 4) 4) 4-) 0)
* HI 0
1
>1 * 0 0 0 0 1 C.) cr Z as up
• *
N al
*
0 * IN 0
-o * Z Z * 0 HI
(1) * L) cl '0
* H HI
*
X * Z Z Z Z * H o ›,
* H Z
*
.-- * 0
o * g g < g 4 ' IN
Q.) * ....., Q)
*
.0 * co
C.)
-r-1
*
- H P-I
0
* k
* .
* 4) E
•
* * * lc * *
-
-3' r4 0
•
* * * * * * u,
.
* tn
•
* 0 En
* * a) -H (1)
Zr -I 4 HI C1) • H
1.11 H * * -k-) Ca 0 0, 0
4 4 -H (1) HI 0
En rn -3' * 0 .. C.)
›-• Tr * * 0 • • • fd '0 • M
0" * 4 0 4J • • • fl 3'-4. 0
LID * * -. }-I 4__) • • o
a r-i * * 4-I 0 0 • • ›, >1 • • • • 0.) • • a) •
< * * 0 04 0 • cnHP1-1 • • •9:3 • ..k)a)
H * * Q) Q) • • 0 • a) .k.■ .0 a) • • • • • al 4-) 0, 0 Z
u 1-1 * * 1-1 u) 0 a.) rcs 0 0 -Q • • • 0 . • 0 ni X 00 Pc
Or *
Z o *
*
* a.) ..-) 0 1=1 NI Q
E - • • • • W
U) .--I 0 ,:c (d c_.) 0 • • • (i) • ro P al L1.1
Z N 4' * RI H Z HI HI Z 4 • a) Ca • }-I a.) 'Li a) ca
• * 1 4- 0 U) , -21 a) 10(0. 0010 •Q)MQ) '0 00
44 N
4' * 0 Z 0 0 0 ..- Q.) 0 -.-I .0 • -0 .15 S-. i H Q 1 7
N * * 0 - H '0 OH HY-10 -nrti 0 ug c.) wrcs HI 0
• * * 0, -k-) 00 (1) a.) O 0 1 0 0 , - 1 1) ) 0 0
O -1 * * a) o., Z 0 .0 o o or0 (DO ro o cu,-1 0 0
0 -i0 00hJ0 04 HI al PI > U I-I
CJ) H
H
0
O H Ol lO NO O r O O r Lf) H M N CO 01 N CO r N M O If) ■D 01 r O H N O1 lfl O O O H H VD 01 L.0 O H N H (` M L`• O
H N 00 O O CO CO CO W N N 1-0 M (` M N r O M W M O Ul 1.0 r H O N CO r r O O H CO N O r 10 Or 10 r M 01 NO
W � a W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
0 0 0 H N M O O r r 0 0 r M 1.0 CO CO N f O If) N O d l.() H r1 d 01 N M a' Ol N N I.f) CO N L- d' O 1O LO N 01 Ol M N 1D Lf)
FI; r N H M CO N 0 10 N H N H N 1D dt 1D H N M 01 II) 01 H O M O CO r LI) H N 1.0 111 1D 01 H M r 01 If) N N 1O N r- N
PC,a H H cc) rHLf) 0 0 H ONNOOH r OH 01 NH0O 000 HNH 0 NO rN
H
O N 0 N H H M L- N 0 r 01 N CO H H r in
H M
N
ar- v
O O
U
Ga a 0
O O F
r Ff; H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
> in 0 H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
H C7 X Lf) 1D 1D 1D 1D lD lD lD 1D 1O 1D 10 10 1D l0 l0 lD 1D 1D 1D lO l0 10 l0 10 10 10 l0 l0 10 l0 lD lD 1D 1D 1D lfl lD 1D 10 1D 1D 1D 10 lfl 10 l0
U U H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
O �� ���� ��� ", �ti����� � `, � �� ��� ', ����� �� �� ���
X H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
O H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
0
z
H 4$ r in l0 N CO 01 0 H N M r Lf) l0 N CO 01 O H N M r in 1D N co 01 0 H N M r in 0 L- CO O1 0 H N M r LC/ 11) N CO Ol 0
E-1 ,Y, N N r- r- N N O CO O CO CO CO CO CO CO CO 01 01 01 01 C 1 01 01 01 01 01 0 0 0 0 0 0 0 0 0 0 H H H H H H H H H H N
C./) 0 N N N N N N N N N N N N N N N N N N N N N N N N N N M M M M co M co co M M M M M M M M M M M M M
H 0 H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
• x r r r r r r r r r r r r r r r r r r r r r r Cr r r r r r r r r r r CO r r r r r r r r r r aV r r
U H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
71 a
H
0 0
0)
N
•H 0
00
H a 0a H a 0 0 0 H
,xH Z H Z H 0u) H OZO 0H1 ZO
UH 0H u) Hu) 0 000 0 0Z Z> HH FC
N 0 a' 4 H 0 0 0 0 0 0 H H H H X O 0 X F- �
,L'iN r•4 000 O -,a HZ 0>+H0 >E. W0 tY„ 0
U $ Z N Z 1 W >+ 00 H0 0 H U u) cn 0 r.0
O H,dh.2 O o u)4m C7 E. H H > 00 0 1 - C) r - C E+
N G, C) H XH H fx u)0 FC 0 000 a'0OZ W a u)
0001-I 0 1 0H W HO> 0 H0 W 01-1 0 El 0> 000 H V) Q 0
H cna wH 0 2a 00 z 01-1 a O cnzw acn 1-1 PI Z 0 0
H /C 4 412 HCOa ww wu) wmw X0 u g H Z0 PC e4 1:11 cnx� a
[II HH >w 0 00Z 1-7 HO IX CO F4 u)0 4 0 LYi 00 >0 a waww m a 7+ 11
0 0HaXH - 1- 1) 0 F - 1 0 u)0 HH u)0 a 0 X X 7' E.0U)XHHa0GH a a
0 00 00 00000 0 g >0 0Z 000 c0000 00FCi0 HH00 0 H
4 0C) W u) rC,a C) C) FC [14 F, W HH W H 4 [24 0Za 0u)0UO14 a > H4 0 0 . 0) a
PI 0 O O f l z a a u ) H u m u W W u)OHx 1- Z u) ,=4 C) 000- 0 1: ‹C000O0 C7
H 0002 1 0 0 1 0 0 - � NC7a 4 0aam H H W UXUX Z7 W W O Z CDU 0
0 0 H 0 X XU 0H \7a0cn 4 a0 0+ O0G+ 0 UO r4 [24 Z H
H a ' H r = H r • 0 0 0 4 0 0 0 4 H Z 0 0 [24 0000ocnfx 1- F1 0Zu)H W mZ - Z u)
H 0 0 xG ZH HZ0Z0 0 00HOH0 1C �CW H W HZ0 W 0 -10- Hcnf0F1 W 0
cn 0 U W Hf� H0HH,aZ0› HH Hu)7a0U0HDOH OO H 000 000 0> 0
7 Z U wmawo z ua E.44XO4H0aH az zw HHHXZz4w0X0u)c)G4Qw x
a lO 0 0��� <FQCg4 <W I:Q a1W w W a 1 1 0 00UU x
C.)CJ UUU° OV U UU Q Q W w H CD
1.4CtiG.GG4 a C
C70X
4 z
H H
0H
H 0
PC o 0
Z 0
H \ 0
G-1N
N 0. 0
0 4
4 H 021 0
U] N
E
X
O 0 M d' O M O CT Lf1 Ifl O O) O H CO W O N Lf) O Lfl O O N Ill O W O O O O N M H lf) O 111 N d' M O Lfl H d' o O O Ill O
H O N 0 a) O a\ T d' N d' O Lfl M co O C O If) M h M O d' M Lf) r- 0 !` O O t` H N Ln O l0 l0 H O OH N O O O O W O
L .) w • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
• 0 0 in H L(1 H d' (7) Or) M Ifl Ol N N d' l0 N LO CO N l0 Ill O H N OMW NmOO d'( H O H O W H N al CT H Lf) Lf) O 0\H
g Or N M N W N W 0 HO 0 H CO Ll O(`LC M Lf) Lf) a\ Ml00 N 111 Lf) l0 Lf) CO d' CO N d' H M CT d' N N Lf) L(1O
Q,' a r N M W LO H N O\ N N M Ol Lf) M LO M M N H M M Lf1 N 111 N N l0 0N0 N H M 07 l0 H Lfl N 0
H
W N N CT H N N M M M N d
H H 0 H H '
6 H H H 0 0
H CO
14 'Cr
0 0
U
wa w
O 0 0
d' g H H H H H H H H H H . H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
}O in Q H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
H O ■0 W ▪ l0 lfl l0 l0 l0 l0 l0 l0 W l0 W W W l0 W l0 1.0 lD lfl ■0 l0 l0 l0 l0 W l0 l0 W l0 l0 W l0 l0 l0 VD l0 ■0 ■0 ■0 l0 l0 lf) LD ■0 W
U U H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
O H H ▪ H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
O H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
0
z
H 4$ HNM d'111 ■0 r 00010 HNM d'N ID r- 000I0HNM d' Lf) lO h CO OIO H N M d' 11110 N CO (T 0 H NM d' Lf)0N
E N N N N N N N N N MM M M M M M M M M d' d' d' d'd'd'd'd' d'd' If) if) LflIll If) Lfl Lf) Lf) If) 111 W W 1/4.0 l0 l0 W l0 LO
Cr) U M M M M M M M M M M M M M M M M M M M M M M M M M M M M cn M M M M M M M M M M M M M M M M M M
H W H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
a x d' d' d' d' d' d' d' a'd''I`d'd'd'd'a d' a' a' d' d' c' a' a' d' a' d' d' a' a' a' a 'a'd'd^ a'd'a'v'a'd'd'a'd'd'd'cd'
O H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
>.a
H H
00
+)
- HO
xU
•U 0 G-1 0Ou] Z H a3 Z 0 U
.xH OH • 0U 1 124 0 HO 0 000 H a Z
UH U> 0 QZa 000 00 0 0,4E-1 co 0 w H EH co co 0
.r N a 0 Z 0 000 0 a00 U C4 H W0 0 Q OH Z u)C7 a " � ' 0 HU 0 Z H0
U\ 0 0 HU 0 000 WEB H Z 0 0 00H a 0 0 0
CO > H 0 0 Z 000 UU) L 01-1 Z H 414 0 0 H H 0 U 0 H
N C0H 000 0 0 as Z H a H0 0 x HO Za 0 U3
„ , u] Nz 0EAOZ0 El i 0 <CZrx a 0 0 U a 3 P4 UH (f) 0U O 'zf <0
H 0 W o- o 40 W a o00 cJ] 0H0 0 <CCfl r� KC'-d z Za r0Z I a
H ZU]mU]O 0 10>H a W< H 00Cq a 0H a 0 000 HU]Lt1 Ha aH W ax
'z10HNH000n •><Z 0030 00<0a Oa < OF.Z 0 a 0 00 00
0ait0 W Z HU]Oa0 , Z E. X Z g,-P10000 000 ZO 1 000000 0 <0003
0 \a 0 F400000 OFCU]HQU) OZEIOC] HHO WOU) HW E-Zo W U
ZO OE+0 W a 000r.0O3 aH0O g Or.CH0<0000 x33FCHHUwHzoaou]
g4.100>0 x00CJ) JZZ 0,10,400 '230 00 <W HZz 033 aHa0 -1 W 0 0
0 C4 aEla0 ZO - 01-1a0 000 \ u],4 0Z000< <(1)0 EHI >HCu 0Y10 +U0z
O Z aZwr.CrC3a0000 a co3 a, E.E.aa -< �.u]U0 Z > - ' u] P400' . --.0 -- --01-1
W a HW0 a 7-'0000 `<<0 >+gaa0a0 W W W W W 0H H0+0E.H W W HE-03
E 0 0 <0 aC7'zsgu]u] Wo+oxZa0KCW W W a Wr.COx >X0OXZEH7Ha0HHQcn, E. aElafk
m Q U CO 0ZO < W EH ZZZ U HQ EH HE00EaZZ 1 r.0 0 0 0 FC
7i Z 0 Cf] cf] xxZU PGQ0000 Wa0Ew3a I 0 a 0 0HOO< a7 > <a
a O > xxx0Q Hlhh�lo Z 000000000000 Z Z0 Z 0 Z 0 0 0 0 aaa a aa 0 0000 0 0c 0 000 0
g 0
H H
UH x
• H U
o W
Zi N
H \ 0
O N
N 0 x
0 1
< H W 0
Cr) 01
H
X
O 0 NMOONOCr C'NOONNof C'N 01
H Z CO C' N al 111 O rC H 01 L() O 1f1 C 1 0
' 01 rn lD
O W . . . . . . . . . . . .
Z 0 0 C H N 01 C' O 1n co 01 LC) N CO H H H r- 11)
g C' 0) ■D CO 01 O C+ N N H O 'CP H N H N 1D
g LL CO L(1 H H O H H LO N H C' O In H 0
H
0.l N N CO N N 0 l0
H H C'
r'1
O N Cr
0
O o
U >
O o 0
C' F1,' H H H H H H H H H H H H H H H H
O Lfl 0 H H H H H H H H H H H H H H H H
O ,1 �.��.���������.�.���
H C7 x. LO lD LO VD LO LO lD lD lD LO lD lD ■D lD LD lD
U U H H H H H H H H H H H H H H H H
W ����������������
x H I H H H H H H H H H H H H H H H
U H H H H H H H H H H H H H H H H
0
z
H it CO 01 O H N r+1 C' In lD h co 01 O H N M
O .0, l0 lD N N N N N N N N r` N O CO O OD
Cr) 0 1'1 rn r'1 rn r) M r'1 rn r7 rn en r+l M m r'1 co
H W H H H H H H H H H H H H H H H H
a x C+ C+ C' C' C' C' C+ C' C' C' C' C' C' C' C' C'
O H H H H H H H H H H H H H H H H I
a
} H
0 U
4
•HO
x
H 0 0 0 H w E 0
UH 0
N o U 0 0 m cr) P+
U � Z 0 0 0 a 0 0 0
CO rn > Z I-1 z a 0 H H z
\ W 3 0 H 0 E 1 -
-1 Z 0 Q,' H 0 H 0
H 0 w0 30a000F00
cnz ax HxaoHFPCwwo
- H U 0 0 H H H H 0000
0 00 0 I03 g0U > >0
0 F1101-14 XHc4 gHaa 100
O Z xa zwPCW W ZXP+FC000Z
O a U H Z 0 0 0 0 00000 W
O 0 0 HO] WU)0 OW N000 NN
0 0 U 00,100 • z U H H 0 0 E H a
cn 0 g 0 1 XXP � u)<C W IH H O xHH H U
lD > 00HPE 00 > > > >33330
1-] H 0
g z
H H
z U H x
PG o 0
• N
H \ 0
4.1 N
N
C.) r1 0 0
c �
x
C7 F ri
H Z o
W W
x U 0 Lr;
r.� o
W N
0 H a
rl
0 v
U >
w x W
0 o F
■ Lfl ▪ 0
Fa
H U' x
U U
W
U
w
U �
z G'
H *k 0
F x o
ul U o
H W
a x
U
S■ a
• H
O U F
n [f] H
-H U
x
SC H cf)
O H Q
N o {x
N 0
U
m W
N P.'
H
W fx
F 0
u) Q
•
C z 0)
m w a
H
0
F
z U H
PC o a
N 0
H \ CL
N
N x µ
r�H 0
cn W
EH 0
• ,
O a
H a
w4
0
w
H • a
H
0:1N
rl •
4N
O 0
U
W cn
000
Lo
Fa
HOC)
0
O 0
E O M r N I D O O L O N N a ' W u)N d 0 E co 0
0 H d' O N H Ln Lr) H 01 W a' [M M r da o 01 N r d' o W Z o W
,7. 0 • r N l0 H l0 0) N da N N N O N .71 o o r+) M o 01 da LC) 0 L() 0
1-1 W M1.)d' if101 W 10 M H CO H 01 LI) H 00 in co 7r' l0 N l0 W W W
O CI) M 01 M l0 d' 01 M N N M 0 0 0 0 0 0 0 CO 0 0
4-1 a _ _ . . . . . . . . . pp;;
to '0 N M NN C' W H OINHHOL0) W ,7 W l0 CO
-H 0 N H 0 0 01 M H H d'' 00 0 0 d-
x 0 H M cn M M
H H
x 0 0
0
N
U
Q 0 h
al Q W O U
a, g
co aa HQ C7
E OW aU • • II
ZFC E-- 0000 F c 000
a O Z Z 0 W 1 H 0 w H w
O HO 000 0 a E EC7 H
aE- E Ug ZwE H WE m 0
Xr w Z LT-1 E wUwy+ ••a
wH H Hu)00 › 0 Q c9 u) a 0
E •• wEg r 1 aa EE 1248 U U
co co 0 00 aaaHH0 OEr.>~3ZQ U
>-+cr 0 H XXX443�. cn
0 •• H } -1 Z Q HHHH 10O 0Z01-10E co up
to E E HH E EEasW a-.O Eg0 0 0 a'
a .-1 a a H X F,( ›-' •• m a a I1 CI) U a g w
4 H < Q a d' HFCF1,'F( W as ,XaH Z Z
H
H •• a a r w � E Q E E E a a m ooa w ••
al H a 0 W H W 0
zz H 0 u) Z X 4 4 cla as a a a a E 3 as 0 0+ 0 E Z as co 3 1-a FC W a
�o U W W OQEH HHrS<(�(C 00 EHHQ W ZHO a U x .-
ZN 0 Q 0000,-1E 0 4 3 C.- < W Z 0 r4
as N ,a
Cn\ Z 0 1 HHct'NOHlOHNtnHNM[N0101HHOLI1H E 0 0 1 0 EH
U H 1 O O o H O N N H H H O O o O O M In o N r co 0 ' O
4H al as I HNNNNM cc) a' 0W1/49l0 E Cl a7 i W E
CITY COUNCIL LETTER
Meeting of November 28, 2011
AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY
Fire MANAGER
NO: APPROVAL
ITEM: Adopt Resolution For BY: Gary Gorman
Revocation
DATE: November 28, 2011 DATE:
NO: 11 -137 to 11 -144
Revocation of the license to operate a rental unit within the City of Columbia Heights is
requested against rental properties at
2011 -137 — 4054 2 Street
2011 -138 — 4628 -30 Polk Street
2011 -139 — 4625 Tyler Street
2011 -140 — 4906 -08 Tyler Street
2011 -141 — 1400 -02 Circle Terrace Blvd.
2011-142 — 4945 5 Street
2011 -143 — 4346 6 Street
2011 -144 — 4800 5 Street
for failure to meet the requirements of the Residential Maintenance Codes.
RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of
Resolution Numbers 2011 -137, 138, 139, 140, 141, 142, 143 and 143 being ample copies
available to the public.
RECOMMENDED MOTION: Move to adopt Resolution Numbers 2011 -137, 138, 139,
140, 141, 142, 143 and 144 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.
COUNCIL ACTION:
47
RESOLUTION 2011 -137
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 Terrance Aldrich (Hereinafter "License Holder ").
Whereas, license holder is the legal owner of the real property located at 4054 2nd Street,
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 17, 2011 of an public hearing to be held on
November 28, 2011.
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 11, 2011, inspection office staff sent a letter requesting the
owner of the property complete the rental licensing process by scheduling an
inspection with the Building Official. The letter was mailed by regular mail to the
owner at the address listed in the property records.
2. That on October 17, 2011 inspection office staff reviewed the property file and noted
that the property remained unlicensed. A Statement of Cause was mailed by regular
mail to the owner at the address listed in the property records.
3. That based upon said records of the Enforcement Office, the following conditions
and violations of the City's Residential Maintenance Code were found to exist, to-
wit:
a. Failure to schedule an rental license inspection
4. That all parties, including the License Holder and any occupants or tenants, have
been given the appropriate notice of this hearing according to the provisions of the
City Code, Chapter 5A, Article 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 F11387 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.
48
Passed this day of 2011
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
49
RESOLUTION 2011 -138
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 Shoemiller Properties, LLC (Hereinafter "License Holder ").
Whereas, license holder is the legal owner of the real property located at 4628 -30 Polk
Street, 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 13, 2011 of an public hearing to be held on
November 28, 2011.
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 July 20, 2011, inspection office staff sent a letter requesting the
owner of the property complete the rental licensing process by scheduling an
inspection with the Building Official. The letter was mailed by regular mail to the
owner at the address listed in the property records.
2. That on October 13, 2011 inspection office staff reviewed the property file and noted
that the property remained unlicensed. A Statement of Cause was mailed by regular
mail to the owner at the address listed in the property records.
3. That based upon said records of the Enforcement Office, the following conditions
and violations of the City's Residential Maintenance Code were found to exist, to-
wit:
a. Failure to schedule an rental license reinspection
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 F11127 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.
50
Passed this day of 2011
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
51
RESOLUTION 2011 -139
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 Cantlin Lake Properties, LLC (Hereinafter "License Holder ").
Whereas, license holder is the legal owner of the real property located at 4625 Tyler Street
N.E., Columbia Heights, Minnesota,
Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice
setting forth the causes and reasons for the proposed Council action contained herein was
given to the License Holder on October 27, 2011 of an public hearing to be held on
November 28, 2011.
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 July 20, 2011 inspectors for the City of Columbia Heights, inspected the
property described above and noted violations. A compliance letter listing the
violations was mailed by regular mail to the owner at the address listed on the Rental
Housing License Application.
2. That on October 27, 2011 inspectors for the City of Columbia Heights perfolnied 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 November 17, 2011 inspectors for the City of Columbia Heights checked
records for this property and noted that the violations remained uncorrected
4. 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:
a. Shall remove the dead tree (and all of the tree stump(s)) in the
_REAR to within 2 -4 inches below ground level
5. That all parties, including the License Holder and any occupants or tenants, have
been given the appropriate notice of this hearing according to the provisions of the
City Code, Chapter 5A, Article III 5A.306 and 5A.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by
license number F10906 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.
52
3. All tenants shall remove themselves from the premises within 45 days from the first
day of posting of this Order revoking the license as held by License Holder.
Passed this day of 2011
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
53
RESOLUTION 2011 -140
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 Om Parkash (Hereinafter "License Holder ").
Whereas, license holder is the legal owner of the real property located at 4906 -08 Tyler
Street N.E., Columbia Heights, Minnesota,
Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice
setting forth the causes and reasons for the proposed Council action contained herein was
given to the License Holder on October 13, 2011 of an public hearing to be held on
November 28, 2011.
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the
City of Columbia Heights, the City Council of the City of Columbia Heights makes the
following:
FINDINGS OF FACT
1. That on September 7, 2011 inspectors for the City of Columbia Heights, inspected
the property described above and noted violations. A compliance letter listing the
violations was mailed by regular mail to the owner at the address listed on the Rental
Housing License Application.
2. That on October 13, 2011 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 November 15, 2011 inspectors for the City of Columbia Heights checked
records for this property and noted that the violations remained uncorrected
4. 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:
a. Shall scrape and paint wherever there is peeling paint on the structure.
SOFFIT /FASCIA - WINDOW /DOOR TRIM
5. That all parties, including the License Holder and any occupants or tenants, have
been given the appropriate notice of this hearing according to the provisions of the
City Code, Chapter 5A, Article III 5A.306 and 5A.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by
license number F11241 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.
54
3. All tenants shall remove themselves from the premises within 45 days from the first
day of posting of this Order revoking the license as held by License Holder.
Passed this day of 2011
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
55
RESOLUTION 2011 -141
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 Robert U. Okoro (Hereinafter "License Holder ").
Whereas, license holder is the legal owner of the real property located at 1400 -02 Circle
Terrace Blvd. 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 12, 2011 of an public hearing to be held on
November 28, 2011.
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 June 2, 2011 inspectors for the City of Columbia Heights, inspected the
property described above and noted violations. A compliance letter listing the
violations was mailed by regular mail to the owner at the address listed on the Rental
Housing License Application.
2. That on October 12, 2011 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 November 17, 2011 inspectors for the City of Columbia Heights checked
records for this property and noted that the violations remained uncorrected
4. 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:
a. 1402 - Shall repair the bathroom sink that doesn't drain
b. 1402 - Shall replace the missing cabinet door on the vanity in the bathroom
c. Unit # 1402 — Upstairs SHALL IMMEIATELY REPLACE /REPAIR THE
MISSING/NON- WORKING SMOKE DETECTOR IN THIS UNIT
d. Shall install an approved CO detector in unit # 1402
e. 1400 - Shall make this unit available for inspection.
f. Shall repair /replace the screen(s) on the building
g. 1400 - Shall repair the deadbolt lock on the side door
h. 1400 - Shall secure railing on the side entrance
5. That all parties, including the License Holder and any occupants or tenants, have
been given the appropriate notice of this hearing according to the provisions of the
City Code, Chapter 5A, Article III 5A.306 and 5A.303(A).
56
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by
license number F11106 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.
Passed this day of 2011
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
57
RESOLUTION 2011 -142
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 Aren Dela (Hereinafter "License Holder ").
Whereas, license holder is the legal owner of the real property located at 4945 5 Street
N.E., Columbia Heights, Minnesota,
Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice
setting forth the causes and reasons for the proposed Council action contained herein was
given to the License Holder on November 4, 2011 of an public hearing to be held on
November 28, 2011.
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 October 12, 2011 inspection office staff sent a letter requesting the
owner of the property to submit a rental license application and schedule a rental
inspection for this property. The letter was mailed by regular mail to the owner at
the address listed in the property records.
2. That on November 4, 2011 inspection office staff reviewed the property file and
noted that the property remained unlicensed. A Statement of Cause was mailed by
regular mail to the owner at the address listed in the property records.
3. That based upon said records of the Enforcement Office, the following conditions
and violations of the City's Residential Maintenance Code were found to exist, to-
wit:
a. Failure to schedule a rental property inspection.
b. Failure to submit a 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 U49455TH 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;
58
3. All tenants shall remove themselves from the premises within 45 days from the first
day of posting of this Order revoking the license as held by License Holder.
Passed this day of 2011
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
59
RESOLUTION 2011 -143
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 Sunday Olayinka (Hereinafter "License Holder ").
Whereas, license holder is the legal owner of the real property located at 4346 6 Street
N.E., Columbia Heights, Minnesota,
Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice
setting forth the causes and reasons for the proposed Council action contained herein was
given to the License Holder on November 4, 2011 of an public hearing to be held on
November 28, 2011.
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 October 18, 2011 inspection office staff sent a letter requesting the
owner of the property to submit a rental license application and schedule a rental
inspection for this property. The letter was mailed by regular mail to the owner at
the address listed in the property records.
2. That on November 4, 2011 inspection office staff reviewed the property file and
noted that the property remained unlicensed. A Statement of Cause was mailed by
regular mail to the owner at the address listed in the property records.
3. That based upon said records of the Enforcement Office, the following conditions
and violations of the City's Residential Maintenance Code were found to exist, to-
wit:
a. Failure to schedule a rental property inspection.
b. Failure to submit a 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 U43466TH 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;
60
3. All tenants shall remove themselves from the premises within 45 days from the first
day of posting of this Order revoking the license as held by License Holder.
Passed this day of 2011
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
61
RESOLUTION 2011 -144
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 Lawrence A. Ohsman (Hereinafter "License Holder ").
Whereas, license holder is the legal owner of the real property located at 4800 5` Street
N.E., Columbia Heights, Minnesota,
Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice
setting forth the causes and reasons for the proposed Council action contained herein was
given to the License Holder on October 17, 2011 of an public hearing to be held on
November 28, 2011.
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 October 3, 2011 inspection office staff sent a letter requesting the
owner of the property to submit a rental license application and schedule a rental
inspection 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 17, 2011 inspection office staff reviewed the property file and noted
that the property remained unlicensed. A Statement of Cause was mailed by regular
mail to the owner at the address listed in the property records.
3. That based upon said records of the Enforcement Office, the following conditions
and violations of the City's Residential Maintenance Code were found to exist, to-
wit:
a. Failure to schedule a rental property inspection.
b. Failure to submit a 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 U48005TH 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;
62
3. All tenants shall remove themselves from the premises within 45 days from the first
day of posting of this Order revoking the license as held by License Holder.
Passed this day of 2011
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
63
CITY COUNCIL LETTER
Meeting of November 28, 2011
AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY
Hearings Fire MANAGER
NO: APPROVAL
ITEM: Adopt Resolution For BY: Gary Gorman BY:7 /
Abatement
DATE: November 22, 2011 DATE:
NO: 11 -145 to 11 -148
Declaration of a nuisance and abatement of violations within the City of Columbia
Heights is requested regarding properties at
2011 -145 — 5054 Monroe Street
2011 -146 — 4055 Madison Street
2011 -147 — 3849 Hayes Street
2011 -148 — 4054 2 Street
for failure to meet the requirements of the Residential Maintenance Code.
RECOMMENDED MOTION: Move to close the public hearing and to waive the
reading of Resolution Numbers 2011 -145, 146, 147, and 148 there being ample
copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution Numbers 2011 - 145,146,
147 and 148 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.
COUNCIL ACTION:
64
RESOLUTION 2011 -145
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 Zackery Johnson (Hereinafter "Owner of Record ").
Whereas, the owner of record is the legal owner of the real property located at 5054 Monroe Street,
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 October 11, 2011.
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of
Columbia Heights, the City Council of the City of Columbia Heights makes the following:
FINDINGS OF FACT
1. That on September 8, 2011 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 October 11, 2011 inspectors reinspected 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 November 16, 2011 inspectors reinspected 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 remove the dead tree (and all of the tree stump(s)) in the _yard to within 2-
4 inches below ground level
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 5054 Monroe 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.
65
ORDER OF COUNCIL
1. The property located at 5054 Monroe Street N.E. constitutes a nuisance pursuant to City
Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
Passed this day of 2011
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
66
RESOLUTION 2011 -146
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 William E. Brown (Hereinafter "Owner of Record ").
Whereas, the owner of record is the legal owner of the real property located at 4055 Madison Street,
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 November 3, 2011.
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of
Columbia Heights, the City Council of the City of Columbia Heights makes the following:
FINDINGS OF FACT
1. That on September 26, 2011 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 November 3, 2011 inspectors reinspected 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 November 21, 2011 inspectors reinspected 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 remove the dead tree (and all of the tree stump(s)) in the _yard to within 2-
4 inches below ground level
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 4055 Madison 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.
67
ORDER OF COUNCIL
1. The property located at 4055 Madison Street N.E. constitutes a nuisance pursuant to City
Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
Passed this day of 2011
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
68
RESOLUTION 2011 -147
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 Hakim Al- Salihi (Hereinafter "Owner of Record ").
Whereas, the owner of record is the legal owner of the real property located at 3849 Hayes Street,
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 November 9, 2011.
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of
Columbia Heights, the City Council of the City of Columbia Heights makes the following:
FINDINGS OF FACT
1. That on October 4, 2011 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 November 9, 2011 inspectors reinspected 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 November 15, 2011 inspectors reinspected 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 the retaining wall or provide acceptable grading per City Engineer and
City Code
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 3849 Hayes 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.
69
ORDER OF COUNCIL
1. The property located at 3 849 Hayes Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
Passed this day of 2011
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
70
RESOLUTION 2011 -148
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 Terrance Aldrich (Hereinafter "Owner of Record ").
Whereas, the owner of record is the legal owner of the real property located at 4054 2 11d Street,
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 October 12, 2011.
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 4, 2011 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 October 12, 2011 inspectors reinspected 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 November 17, 2011 inspectors reinspected 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 /replace missing shingles on the garage roof
B. Shall repair the rotted trim on the garage
C. Shall scrape and paint wherever there is peeling paint on the structure. GARAGE
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 4054 2nd 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
71
completed.
ORDER OF COUNCIL
1. The property located at 4054 2nd Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
Passed this day of 2011
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
72