HomeMy WebLinkAbout10/28/2013 Regular Meeting CITY OF COLUMBIA HEIGHTS Mayor
Gary L.Petcrson
590 40th Avenue NE,Columbia Heights,n1N 55421-3878 (763)706-3600 TDD(763)706-3692 Councilmembers
Visit our website at.wwrv.ci.coltrmbia-her hts.nn:.us Robert A. Williams
Bruce Nawrocki
Tammera Diehm
Donna Schmitt
City Manaeer
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, October 28,2013 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
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. Introduction of New Children's Librarian Bethany Grabow
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 of October 14, 2013 Pg 6
MOTION: Move to approve the City Council Meeting Minutes of October 14, 2013.
B. Approve Special Assessment Levy Hearing Meeting Minutes of October 7, 2013 Pg14
MOTION: Move to approve the Special Assessment Levy Hearing Meeting Minutes of October
7, 2013 for the Concrete Street Rehabilitation Programs, Project 1302.
MOTION: Move to approve the Special Assessment Levy Hearing Meeting Minutes of October Pg16
7, 2013 to Certify Petition and Waiver Assessments
MOTION: Move to approve the Special Assessment Levy Hearing Meeting Minutes of October P91
7, 2013 for the Special Assessment Roll and Special Assessment for Delinquent Accounts.
C. Adopt Resolution 2013-98, being a resolution awarding the sale of general obligation P92
improvement and utility revenue bonds, series 2013A, in the original aggregate principal amount
of$ ; fixing their form and specifications; directing their execution and delivery; and
providing for their payment.
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City Council Agenda
Monday,October 28,2013
Page 2 of 3
MOTION: Move to waive the reading of Resolution 2013-98, there being ample copies
available for the public.
MOTION: Move to adopt Resolution 2013-98,being a resolution awarding the sale of general
obligation improvement and utility revenue bonds, series 2013A, in the original aggregate
principal amount of$ ; fixing their form and specifications; directing their execution
and delivery; and providing for their payment.
D. Adopt Resolution 2013-99,being a resolution approvingg post-issuance com lip �ance procedure Pg24
and policy for tax-exempt governmental bonds.
MOTION: Move to waive the reading of Resolution 2013-99, there being ample copies
available for the public.
MOTION: Move to adopt Resolution 2013-99,being a resolution approving post-issuance
compliance procedure and policy for tax-exempt governmental bonds.
E. Approval of attached list of rental housing applications Pg3 3
MOTION: Move to approve the items listed for rental housing license applications for October
28, 2013 in that they have met the requirements of the Property Maintenance Code.
F. Approve Business License Applications
MOTION: Move to approve the items as listed on the business license agenda for October 28, Pg44
2013 as presented.
G. Review Payment of Bills Pg4 6
MOTION: Move that in accordance with Minnesota Statute 412.271, subd.8, the City Council
has received the list of clams paid covering check number 149819 through 149986 in the amount
of$618,810.80.
MOTION: Move to approve the Consent Agenda items.
6. PUBLIC HEARINGS
A. Adopt Resolutions 2013-95, 4518-20 Fillmore Street N.E., 2013-96, 4030 Quincy Street N.E. Pg54
2013-97, 4056-58 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 Propert y
Maintenance Codes.
MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers
2013-95, 2013-96, and 2013-97 being ample copies available to the public.
MOTION: Move to adopt Resolution Numbers 2013-95, 2013-96, and 2013-97 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 2013-90, 1312 44th Avenue N.E.,2013-91,4217 Central Avenue N.E. 2013- Pg61
92,4811 Central Avenue N.E., and 2013-93, 1635 49th Avenue N.E. being declarations of
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
2013-90, 2013-91, 2013-92, and 2013-93 there being ample copies available to the public.
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Monday,October 28,2013
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MOTION: Move to adopt Resolution Numbers 2013-90, 2013-91, 2013-92, and 2013-93 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.
7. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions Pg7 0
Second Reading Ordinance 1613,being an ordinance establishing a Public Arts Commission
MOTION: Move to waive the reading of Ordinance 1613, there being ample copies available to
the public.
MOTION: Move to adopt Ordinance 1613, being an ordinance establishing a Public Arts
Commission.
B. Bid Considerations
C. New Business and Reports
8. ADMINISTRATIVE REPORTS
Report of the City Manager
Report of the City Attorney
9. CITIZENS FORUM
At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda.
Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall
state his/her name and address for the record.
10.ADJOURNMENT
Walter R. Fehst, City Manager
WF/tal
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OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
MONDAY,OCTOBER 14,2013
THE FOLLOWING ARE THE MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL HELD AT 7:00 PM
ON MONDAY,OCTOBER 14,2013 IN THE CITY COUNCIL CHAMBERS,CITY HALL,590 40TH AVENUE N.E.,
COLUMBIA HEIGHTS,MINNESOTA.
1. CALL TO ORDER/ROLL CALL/INVOCATION
Mayor Peterson called the meeting to order at 7:05 PM.
Members Present: Mayor Peterson, Council member Schmitt, Council member Williams, Council
member Diehm, and Council member Nawrocki.
Staff Present: City Manager Walt Fehst, Assistant to the City Manager/HR Director Linda Magee,
Public Works Director Kevin Hansen, City Attorney Jim Hoeft, and City Clerk/Council Secretary
Tori Leonhardt.
Pastor Bill Hugo of St. Matthew Lutheran Church gave the invocation.
2. PLEDGE OF ALLEGIANCE
Recited
3. ADDITIONS/DELETIONS TO MEETING AGENDA
4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION,ANNOUNCEMENTS, GUESTS
Mayor Peterson read the proclamation declaring the week of October 20-27, 2013 as Family Promise
Week. This is the only charitable nonprofit group that helps homeless families from across Anoka
County.
Nawrocki wanted to note the passing of Roy Meinhardt, who was a firefighter for 20 years in our
City. Nawrocki also brought up that he had received some requests for Dom Hebzynski about
creating a memorial for him and he was not sure if that should go through the Recreation
Commission. Fehst stated that our intention is to refer this to the Park and Recreation Commission
and let them decide what would be appropriate.
Peterson announced tomorrow there will be a retirement celebration for Lee Okerstrom at the Public
Safety building from noon to 2 PM. He also announced that this past Saturday he was at the Mall of
America to present the first annual "City of Peace" award to the Nuestros Pequenos Hermanos
("Our Little Brothers and Sisters"in Spanish)from Mexico for all the work they have done to save
so many children's lives. Columbia Heights High School student, Jesus Quizhpi translated
Peterson's speech that evening. He encouraged everyone who would like to help in anyway, to
contact Midwest Director, Molly Boyum at NPHUSA at mboyumpp husa.org. This will be an
annual award that will be presented on behalf of the City. Peterson also stated he invited Jesus and
his family to celebrate with him at the Taste of Heights celebration November 22nd.
Peterson commended the Columbia Heights schools for the awards they have been receiving lately.
Superintendent Kathy Kelly was selected as the 2013 MN Supervision and Administration Division
Art Educator of the Year and Highlands Elementary Art School Teacher, Joy Baleisis was named the
2013 Minnesota Elementary Level Co-Art Educator of the Year. We had four 2013 CHHS
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Monday,October 14,2013
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graduates and two current seniors named National Advanced Placement(AP) Scholars,placing them
among the top academic students in the nation. It shows our schools are working hard and achieving
awards. Peterson also announced that our football team will be playing on Saturday and encouraged
everyone to attend.
5. CONSENT AGENDA
Council member Nawrocki asked that items C, D, E,F, and H be removed from the Consent Agenda
for further discussion.
City Manager Fehst took the Council through the remaining items on the Consent Agenda
A. Approve City Council Meeting Minutes of September 23,2013
MOTION: Move to approve the City Council Meeting Minutes of September 23, 2013.
B. Accept Board and Commission Meeting Minutes
MOTION: Move to accept the September 4, 2013 Library Board Meeting Minutes.
C. Adopt Resolution 2013-74, Regarding LELS Labor Agreement--Police Officers-REMOVED
D. Grant Agreement between the City of Columbia Heights and the Anoka County HRA Regarding
Disbursement of Levy Funds-REMOVED
E. Approve Funding Agreement with MWMO in the Amount of$795,000 and Authorize the
Preparation of Plans and Specifications/Design Engineer-REMOVED
F. Adopt Resolution 2013-89 being a resolution ordering preparation of a FeasibilityRReport for the
Alley Rehabilitation Program-REMOVED
G. Approve Gambling Permit: Immaculate Conception Church bingo event for November 17, 2013
MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling
Control Board indicating that the City of Columbia Heights has no objection to a gambling
permit for Immaculate Conception Church to conduct bingo at their event being held November
17, 2013 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of
Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing
body.
H. Approve Transfer of Funds for AHDTF Overtime Grant Reimbursement, Recycled brass from
Range, Overtime Details A CHHS,Detox Transports, and TZD Grant reimbursement from
General Fund to Police Department line items-REMOVED
1. Approve Business License Applications
MOTION: Move to approve the items as listed on the business license agenda for October 14,
2013, as presented.
J. Payment of Bills
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 149567 through 149818 in the
amount of$1,315,529.08.
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Motion by Diehm, seconded by Nawrocki, to approve the Consent Agenda with the exception of
items C,D, E, F, and H that were removed for further discussion. Upon Vote: All Ayes. Motion
Carried.
Discussion on Items Removed from the Consent Agenda:
Item C: Adopt Resolution 2013-74,Regarding LELS Labor Agreement--Police Officers
Council member Nawrocki wanted to know which officers we are talking about as it does not
indicate if they are regular officers or sergeants and what the metro averages are for these
positions.
Magee stated what you have before you is the LELS Labor Agreement for police officers. Our
sergeants are covered by LELS also, but in a separate bargaining unit and negotiations are still
occurring with them. What you have before you is consistent with settlements of other contracts
for 2013-2014 in the City. Nawrocki stated it would be nice to what those so called salary
figures are for other similar sized communities.
Schmitt asked in regards to the holidays, is this consistent with the other unions?
Magee responded that this is consistent with what we granted in January 2014 to those who are
similarly situated, that being the firefighters.
Motion by Diehm, seconded by Williams,to waive the reading of Resolution 2013-74, there
being ample copies available to the public. Upon Vote: All ayes. Motion carried.
Motion by Diehm, seconded by Williams, to adopt Resolution 2013-74, regarding the Labor
Agreement between the City of Columbia Heights and Law Enforcement Labor Services, Local
311, for calendar years 2013 and 2014. Upon Vote: All ayes. Motion carried.
Item D: Grant Agreement between the City of Columbia Heights and the Anoka County
HRA Regarding Disbursement of Levy Funds
Nawrocki indicated he would like an explanation as to what we are proposing to do.
Clark stated the Council has approved the HRA of Anoka County to issue tax levies for the EDA
so you could view this as the City getting housing funds for 2008-2012 and 2013-2017 for
redevelopment. In December 2012 we made a significant purchase of the Mady's property. We
fronted the money, approximately $900,000 to buy this property and we are going back to the
county to get the funds back. These are unobligated funds. In addition to that, Anoka County
would advance to us the upcoming funds for 2013 and 2014. It is a way for us to reimburse
ourselves through our levy funds early. After 2014 we will see if we are short at all. It gets our
reimbursement back that we have coming and gives us advancement back for two years.
Nawrocki wanted to know how 37a'and Central fits into this. Clark indicated he put other
projects out there where the city has approved. A $100,000 for 37th and Central, a matching
rehab at 3805 2nd Street, a Make your Heights your Home grant, a DEED Root Grant and the
Mady's purchase. Nawrocki asked how much we will be getting. Clark stated around 1.5 million
dollars.
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Motion by Williams, seconded by Schmitt, to approve Grant Agreement by and between the
City of Columbia Heights and the Anoka County Housing and Redevelopment Authority dated
October 14, 2013, regarding the Disbursement of Levy Funds. Upon Vote: All ayes. Motion
carried.
Item E: Approve Funding Agreement with MWMO in the Amount of$795,000 and
Authorize the Preparation of Plans and Specifications/Design Engineer
Council member Nawrocki asked if the City Engineer could give an overview of the project for
the residents. Hansen informed the Council in 2008 we looked at a feasibility report to address
flooding issues around Jackson Pond. It was recommended to improve the flooding capacity to
change it from a wet pond to a dry pond. At that time we looked for funding for the project.
With that the City entered into the Mississippi Water Shed Management Organization,we were
able to get financial help. They will provide us with 100% of funding up to $795,000 and if it
goes over that it would be at the City's expense. The second part before you tonight, is to
authorize us to proceed with the plan preparations which we estimate to be about four to five
months.
Nawrocki stated you are going to increase the capacity of the pond, but you are going to decrease
the slope so you can cut the grass, to me that is decreasing how much water the pond can hold.
Hansen stated the way they would increase the capacity of the pond is, right now Jackson Pond
has a standing water pool that is 4.5 —5 feet deep and we would remove that completely and that
volume where water always stands now has no capacity for flood storage and we would take up
that volume to allow for dry storage. Nawrocki asked how much we contribute to this
organization. Hansen stated he would have to check into it and indicated that about 90% of the
land area in Columbia Heights is part of this water shed.
Nawrocki indicated you are proposing a$59,814 contract with an engineering firm, why are we
not going out for bids. Hansen stated there are a couple of reasons why we are not going out for
an RFP. One is because the firm that we are recommending is both the MWMO firm that they
have worked with and two they have worked on our storm system since 1999 and have done all
the storm water modeling. It would not be cost effective to have another firm come in and do
this. Nawrocki stated he did not feel that we really know if we are getting the best deal if we do
not go out for bids. He believes we should go out to bid and in the past when we have gone out
for bids we have received a better deal. Hansen stated this is one time he is not recommending
that we go out for bids. Fehst added that we do not contribute to them; this is a separate tax
district. Nawrocki stated to do the same job we are paying a considerable amount of money.
Fehst stated we do not have control on their taxes. Nawrocki stated the people are still paying it
through their taxes. Peterson stated we knew that was going to happen.
Motion by Williams , seconded by Schmitt, to enter into a funding agreement with the
Mississippi Watershed Management Organization(MWMO) for the Jackson Pond improvements
for an approved amount not to exceed$795,000; and, furthermore, to authorize the Mayor and
City Manager to enter into an agreement for the same. Upon Vote: All Ayes. Motion Carried.
Motion by Williams, seconded by Schmitt, to authorize the preparation of plans and
specifications and move to accept a professional services agreement with WSB &Associates for
complete design, bidding, and construction management services for the Jackson Pond
improvements in the amount of$59,814; and, furthermore, to authorize the Mayor and City
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Manager to enter into an agreement for the same. Upon Vote: All Ayes. Motion Carried.
Item F: Adopt Resolution 2013-89 being a resolution ordering preparation of a Feasibility
Report for the Alley Rehabilitation Program.
Motion by Williams, seconded by Schmitt, to waive the reading of Resolution 2013-89, there
being ample copies available for the public. Upon Vote: All ayes. Motion Carried.
Motion by Williams, seconded by Schmitt, to adopt Resolution 2013-89,being a resolution
ordering preparation of a Feasibility Report for Alley Rehabilitation Program.
Council member Nawrocki asked if the City Engineer could give an overview of this project for
the residents. He was concerned with who is going to be paying the $5,000 for improvements.
Hansen indicated that we have approximately 7 miles of bituminous alleys within the city and
about 10 miles of concrete alleys and looking at a maintenance agreement for crack sealing.
Tonight we are asking for approval to look at preparing a Feasibility Report. Nawrocki indicated
he would not be surprised if the study comes back that they recommend extensive reconstruction.
He went through all the alleys and agrees there should be some patching, but should not be
extensive. He would hate to see a recommendation come back to do a lot of unnecessary
rebuilding. Upon Vote:
Roll Call Vote: Schmitt:aye, Williams:aye, Diehm:aye,Nawrocki:nay,Peterson:aye. 4 ayes;l
nay. Motion Carried.
Item H: Approve Transfer of Funds for AHDTF Overtime Grant Reimbursement,
Recycled brass from Range, Overtime Details @ CHHS,Detox Transports, and TZD Grant
reimbursement from General Fund to Police Department line items.
Nawrocki asked for some explanation on the proposal. Fehst stated this is similar to what we
bring to you for transfer of funds to overtime fund. Fehst went through the individual amounts to
be transferred.
Motion by Williams, seconded by Schmitt, to transfer$9,922.87 received as reimbursement
under the Safe and Sober grant(TZD), and the $586.68 received as AHDTF overtime, and the
$420 received for detox transports, and the $4,526.00 received from School District#13 for
security and traffic enforcement details be transferred to line item 1020, Overtime from the
General Fund to the Police Department 2013 Budget:
Motion by Williams, seconded by Schmitt, to transfer$466.36 received from the recycling of
spent brass shell casings recovered from the range be transferred to line item 2070, Training and
Instructional Supplies. Upon Vote: All ayes. Motion Carried.
6. PUBLIC HEARINGS
There were no public hearings on tonight's agenda.
7. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
Second Reading of Ordinance 1613, being an Ordinance establishing an Art Commission
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Motion by Williams, seconded by Schmitt, to waive the reading of Ordinance 1613,there being
ample copies available to the public. Upon Vote: All ayes. Motion Carried.
Motion by Williams, seconded by Schmitt to adopt Ordinance 1613, establishing an Arts
Commission.
Motion by Schmitt to amend the Ordinance 1613 as follows:
(7) The Majority of the commission members must be residents of Columbia Heights in any
given year.
(8)Nonresidents considered should be individuals that have connections to the City of Columbia
Heights by either working within the city limits, have gone to school in Columbia Heights or
have family members still living in Columbia Heights.
Peterson felt that even if someone who does not have any commitments to the city, they may be
valuable to the commission. Schmitt indicated she does not have a problem with that but if you
are authorizing the commission to purchase art,we are authorizing someone outside the city
telling us what to do. This should be done by the residents of the city.
Malcolm Watson, 1717 49th Avenue NE, suggested that the Council go to the city of
International Falls and look at the art done on the buildings up there. They depict the history of
what has made that area what it is today. If we had something depicting our mills, foundries or
street cars along 40''' Avenue that would be wonderful. Watson indicated he left messages to
find out who the artist was and how much it was to commission him.
Catherine Vesley, 5135 Matterhorn Drive, had the opportunity to be on the Minneapolis Art
Commission and she agrees that the majority of commission should be residents or directly
related to the city. She also believes it is important however, to have the option that they do not
have to work, or have a direct connection as they may want to be a donor because they like the
Columbia Heights area or whatever. Williams asked for clarification on what she is
recommending. Vesley feels it would be a mistake to limit who can be on the commission. You
can also change it later.
Roseanne Rivers, stated she thinks it is a great idea to leave it open to get the best people on this
commission and to work with the residents. There is more than paintings; there are statues and
other things that depict art.
Schmitt stated, as in all of our commissions,we have liaisons and we should have one on this
one too. She does agree that she would like to keep the majority of the members as residents.
You can still have a non-voting member be a part of it that is not a resident, but not a voting
member. They can still give their input.
Motion by Schmitt, seconded by Nawrocki to adopt Ordinance 1613, establishing an Arts
Commission with amendments E (6) and(7). Upon Vote: All ayes. Motion Carried.
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Motion by Schmitt to Amendment E 3. To read: The City Council appoints the members to the
commission, seconded by Nawrocki. Upon Vote:
Roll Call, Schmitt aye, Williams nay, Diehm nay,Nawrocki aye, Peterson nay. 3 Nays, 2 Ayes.
Motion Failed.
Mayor Peterson felt that this would slow down the process. He feels we are making this too
complicated. Schmitt stated that normally she does agree, but you may not be here for the next
100 years. Schmitt stated Council meets every two weeks, which is plenty of time to appoint
someone. Diehm is comfortable with the Mayor making the appointments and if we have a
council liaison that is fine.
Discussion on original motion. Nawrocki indicated he had several comments from residents for
standing up for the residents.
Fehst stated that clearly at some point in the future there may be startup money, but we do not
have a budget for this commission at this time. Diehm pointed out while the rest of us do not
prepare written comments we do receive mail from residents. We clearly talk to different people
and that is the joy of representing the people.
Vesley readdressed the Council stating by having a commission it allows you to get grants from
different organizations. It is a conduit for that. It is one of the major reasons to set up an art
commission. Peterson indicated he grew up in NE Minneapolis and seen areas go downhill and
become run down. Now, if you want to buy property there it is expense and contributes most of
the turnaround to the art community and art a whirl. If this would help Columbia Heights get
better and bring people here that is what it is all about.
Jane Pauly, 4109 Cleveland Ave, expressed that you cannot put a dollar amount on art and what
it means for people or to people who live here. Look at Silverwood Park for instance, it reduces
stress, improves social skills, helps with problem solving abilities, helps students achieve higher
test scores and so much more.
Williams called the question.
Motion by Williams, second by Schmitt to set the second reading October 28, 2014. Upon vote:
All ayes. Motion carried.
B. Bid Considerations
There were no bid considerations
C. New Business and Reports
There was no new business or reports
8. ADMINISTRATIVE REPORTS
Report of the City Manager
Fehst indicated that he seen a report on Banksy from England that they have torn down the walls and
have sold them for the art.
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Fehst reminded the Mayor and Council that after the meeting tonight there will be an Executive
Session to discuss an offer from the ownership company on the Northeast Business Center building
located at 3989 Central Avenue NE.
Nawrocki asked about the trimming of the bushes at 48th and 6th street, have they passed our
inspection. Fehst indicated public works stated that it is almost to our requirements and they are still
working with the residents.
Nawrocki indicated he brought up about the City's use and the high cost of Anoka County's internet
service. He would like some information on it. He stated we have had budget discussion on four of
the ten departments and would like to know when we are going to discuss the other six. Fehst stated
that at the next work session.
Nawrocki noted at the shopping center on 49th and University there is more trash lying around along
with a couch and mattress. Fehst stated we have had problems there and people are dropping items
off at that property. He will notify the fire department.
Nawrocki indicated at 3937 Main Street there have been problems with trash in the yard. Fehst
stated he went by the property and there was very little in the way of trash. There has been a problem
in the past with too many people living there and that is no longer the case and we should see that
problem correcting itself. Feels it would be a good neighborhood gesture to go over and clean it up
and let the owner know so they are aware how residents in the area know how they like the
neighborhood kept.
Nawrocki stated at 44t11 and University on the north side of 44th (it is a multi-dwelling)has a large
overflow of trash in their containers.
Report of the City Attorney
Hoeft stated there was an Executive Session after the September 23rd Council meeting to discuss an
offer from the ownership group of the Northeast Business Center located at 3989 Central Avenue.
Peterson questioned what was happening with the Mady's site. Clark stated the state has to get a
permit to demolish and then take everything out of the property. The target goal was to have it done
no later than October 30d', we now think no later than November 5th.
Peterson went over the delays with the cement work at the Legacy Garden and stated we are doing
the best we can to get this done to have a fall dedication.
9. CITIZENS FORUM
Mayor Peterson asked that we keep our service men and women in our thoughts and prayers and to
do a random act of kindness.
10. ADJOURNMENT
Mayor Peterson adjourned the meeting at 8:33 PM.
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OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
SPECIAL ASSESSMENT LEVY HEARING
MONDAY, OCTOBER 7,2017 6:30 P.M.
Roll Call/Pledge of Allegiance
Present: Mayor Gary Peterson, Council member Diehm, Council member Schmitt, Council member
Nawrocki, and Council member Williams.
Staff Present: Public Works Director/City Engineer Kevin Hansen, Assistant City Engineer Kathy
Young, Finance Director Joseph Kloiber,Assistant Finance Director Jackie Senko and City Clerk Tori
Leonhardt.
Absent: None
Nawrocki stated that he would like to have the assessment hearings as a part of the regular scheduled
Council meeting as it is not unusual that we do not get everyone here on a Monday.
Resolution No. 2013-87, being a Resolution Levying and Adopting the Assessment for 2013 Concrete
Street Rehabilitation Program, Project 1302
a. Presentation by City Staff providing background information on the above mentioned
improvement projects.
Kevin Hansen, Public Works Director, stated this assessment is for the 2013 Concrete Street
Rehabilitation project for the Innsbruck area that was approved by Council March 4, 2013. The streets
included in this project are:
1. Innsbruck Parkway Johnson Street to Stinson Blvd
2. Innsbruck Parkway West Innsbruck Pkwy to Innsbruck Pkwy
3. Innsbruck Circle West West of Innsbruck Pkwy West
4. Matterhorn Drive Pierce Terrace to Corporate Limit
5. Rainier Pass Innsbruck Pkwy to Corporate Limit
6. Saint Moritz Drive Innsbruck Pkwy to Corporate Limit
7. Argonne Drive Innsbruck Pkwy to Stinson Blvd
8. Pennine Pass South Plat Boundary to Argonne Drive
9. Saint Imier Drive Argonne Drive to Corporate Limit
10. Chalet Drive Pennine Pass to Stinson Blvd
11. Stinson Blvd South Plat Boundary to Argonne Drive
The contractor on this project stated that they have put bituminous on certain areas and they do have to
go back in and do work on the manhole covers. There are jointing problems at Argonne and the City is
working with contractor who has removed all the old sealant. They reestablished new sidewalls and
the sealant was too low. We want it below the sidewalls. We did get some material over spray and that
will be removed and sodding is almost complete. Some areas of turf were damaged and they will come
back in to complete this work. The action tonight is to consider the assessment roll and to establish the
interest rate.
As part of the Levy Hearing, the City Council establishes the interest rate prior to levying the
assessment. All mailed assessment notices were noticed with a 6% interest rate. The Council
established 5.0% for the levied assessments for the 2012 levying hearing.
14
Special Assessment Hearing
October 7, 2013 —6:30 P.M.
Page 2
b. Questions/Cominents from City Council and the Public.
Nawrocki asked what full assessment rate meant. Hansen stated the City is paying 30% of this
project. The full assessment rate is 100% of the costs and only 70% of the costs are being assessed.
Nawrocki also stated we are proposing 6% interest and we recently approved borrowing at 2%, why
are we charging our residents 6%. Fehst indicated we send it out at 6%, that does not mean that is
what we will assess them at and we will be borrowing around 2-3% and we have to recover our
costs. Williams asked what the costs of bonds were. Fehst indicated we do not know at this point.
Members of audience-
John Zehm, 2330 Argonne Drive, asked Hansen if there was still time to put items on the punch list.
Hansen stated yes there absolutely is and he would talk to him after the meeting.
Gudrun Eqlitis, 2230 Chalet Drive, was curious of how the whole process works and stated the
cracks were worked on two different times in her neighborhood. She stated she was appalled at the
quality of work as they went with high speed and there were pieces of old rubber in there. She
would like an expert to compare the east side to the west side. Hansen stated that he does not know
if they had two different crews that came in and they did periodic crack filling inspections. You will
have some material that will remain in the bottom,but the important part is that it is on the
sidewalls. The joints should have backer rod in there so you are getting adherence. They only
needed to have the upper inch cleaned out. Eqlitis stated she wanted to make sure that the job was
done well as they have had issues with the workers from time to time.
Dale Gustafson, 2320 Chalet Drive, was concerned about the difference in coloring with the
compound. Hansen stated there is a difference in colors, but the white wears off in about a year.
We are putting fluorescent paint on areas of concrete to show where we have taken photos which
indicates to the contractor what needs to be fixed. There are also unaddressed cracks and holes.
Hansen stated that some of the cracks did not warrant, at this time, to be fixed but that does not
mean it will not in the future. Hansen stated there were certain criteria that needed to be met before
they would be replaced.
Gretchen Schmidt, 2135 Argonne Drive, stated where the contract installed the sod by the new curb
when she mowed her grass today she sunk in the ground by the curb and there is a large area in the
front that they scraped up and have not put in sod yet. Hansen stated he will check on the area that
has not been sodded. He also asked if it had just rained. Hansen stated that it may need additional
top soil and he will add it to the punch list. She also stated the manhole covers used to have cement
around them and they never cracked and now there is a dip in it with the bituminous and does not
understand why. Hansen stated we did an extensive history of the manholes and the ones that were
replaced were the ones that had breakage and that's why it was replaced.
Dale Gustafson, 2320 Chalet Drive, asked on the part of Stinson Blvd if that would ever be
resurfaced. Hansen stated yes, we are going to look at doing it in 2013.
Dorothy Brannon, 1622 West Innsbruck Pkwy, asked if on the corner of Johnson aref they going to
fix the black top. Hansen stated yes the City will fix that.
15
Special Assessment Hearing
October 7, 2013 —6:30 P.M.
Page 3
Motion by Diehm second by Williams, to close the Public Hearing and waive the reading of
Resolution 2013-87, there being ample copies available to the public. Upon Vote Motion carried.
Motion by Nawrocki, Seconded by Williams to amend the interest to rate from 6% to 4%.
Motion by Diehm, second by Williams, to adopt Resolution 2013-87, being a resolution levying and
adopting the assessment for 2013 Concrete Street Rehabilitation Program, Project 1302 with the
amendment to the interest rate to 4%. Upon vote: All ayes. Motion carried.
Council member Diehm clarified for the residents that they have 30 days to pay the assessment with no
interest and after that it will be assessed to their property taxes at 4% interest.
Kloiber added that the City does not turn the assessments over to the County until November 15th
Resolution 2013-88, being a Resolution to Certify Petition and Waiver Assessments:
Motion by Diehm, seconded by Williams to waive the reading of Resolution 2013-88, there being
ample copies available to the public.
Motion by Diehm, seconded by Schmitt, to adopt Resolution 2013-88,being a Resolution to Certify
2013 Petition and Waiver Assessments to Anoka County for collection with real estate taxes. Upon
Vote: All Ayes. Motion carried.
Mayor Peterson adjourned the meeting at7:03 PM.
Tori Leonhardt, City Clerk
CITY OF COLUMBIA HEIGHTS
ANOKA COUNTY,MINNESOTA
RESOLUTION 2013-87
RESOLUTION LEVYING AND ADOPTING THE ASSESSMENT FOR
2013 CONCRETE STREET REHABILITATION PROGRAM,PROJECT 1302
Adopting assessment roll according to the City Charter for the following local improvements and determining that said
improvements have been made and ratifying and conforming all other proceedings,heretofore had: Special Assessments
numbered 2013-Z3-03-001;Concrete Street Rehabilitation on Argonne Drive,Chalet Drive,Innsbruck Circle West,
Innsbruck Parkway,Innsbruck Parkway West,Matterhorn Drive,Pennine Pass,Rainier Pass,Saint Imier Drive,Saint
Moritz Drive,and Stinson Blvd all in Project 1302—Innsbruck Area Streets.
WHEREAS,the City Council of the City of Columbia Heights,Minnesota,met at 6:30 o'clock p.m.on the 7'h day of
October,2013,in the City Council Chamber,590 40'h Avenue N.E.,Columbia Heights,Minnesota,being the time and place
set when and where all persons interested could appear and be heard by the Council with respect to benefits,and to the
proportion of the cost of making the local improvements above described,a notice of such hearing having been heretofore
16
Special Assessment Hearing
October 7, 2013 —6:30 P.M.
Page 4
duly published as required by law,and a notice mailed to each property owner of record,stating the proposed amount of the
assessment;and,
WHEREAS,this Council has heretofore estimated and fixed the cost of such local improvements and has prepared an
assessment roll therefore,
THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES:
Section 1. That this Council does hereby adopt the aforesaid assessment roll for local improvements known and
described as"Partial Street Recon"numbered 2013-Z3-03-001,Project 1302,a copy of which is attached
hereto and made a part hereof.
Section 2: That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said
assessment roll was and is especially benefited by such improvement in an amount not less than the
amount set opposite in the column headed"Actual Assessment Amounts". And this Council further finds
and determines that the proper proportion of the cost of such improvements to be specially assessed
against such lot or parcel of land is the amount set opposite the description of each such lot or parcel of
land respectively in said assessment roll.
Section 3: That said assessments may be paid in part or in full without interest on or before November 6`h,2013.
Any unpaid amount will be certified to Anoka County for collection with the real estate taxes beginning
with the taxes payable in the year 2014. The annual principal installments,together with 4%interest
accrued on the unpaid balance are due and payable with the real estate taxes for a period of ten years or
less as designated on the assessment roll.
Section 4: That this Council did hereby determine and re-determine to proceed with said improvement,does ratify
and confirm all other proceedings heretofore had in regard to this improvement,and said improvement
shall hereafter be known and numbered as Local Improvement numbered 2013-Z3-03-001,Project 1302.
Section 5: This resolution shall take effect immediately upon its passage.
Passed this 7"day of October 2013 CITY OF COLUMBIA HEIGHTS
CITY OF COLUMBIA HEIGHTS
ANOKA COUNTY,MINNESOTA
RESOLUTION 2013-88
RESOLUTION TO CERTIFY 2012 PETITION AND WAIVER ASSESSMENTS
TO ANOKA COUNTY FOR COLLECTION WITH REAL ESTATE TAXES
WHEREAS, property owners petitioned the City Council for certain improvements and waived their
rights for public hearings and appeals as provided in Minnesota State Statute; and,
WHEREAS, said improvements have been completed; and,
WHEREAS, this Council has heretofore estimated and fixed the cost of such improvements and has
prepared an assessment roll therefore,
THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES:
17
Special Assessment Hearing
October 7, 2013 —6:30 P.M.
Page 5
Section 1. That this Council does hereby adopt the aforesaid assessment roll for Petition and
Waiver Construction Work known and described as "Petition/Waiver"numbered 2013-
SP-31-001, a copy of which is attached hereto and made a part hereof.
Section 2: That said assessments may be paid in part or in full without interest on or before
November 6,2013. Any unpaid amount will be certified to Anoka County for collection
with the real estate taxes beginning with the taxes payable in the year 2013. The annual
principal installments, together with 4%interest accrued on the unpaid balance are due
and payable with the real estate taxes for a period of ten years.
Section 3: This resolution shall take effect immediately upon its passage.
Passed this 7th day of October 2013 CITY OF COLUMBIA HEIGHTS
18
OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
SPECIAL ASSESSMENT LEVY HEARING
MONDAY, OCTOBER 7,2013 6:45 P.M.
Roll Call/Pledge of Allegiance
Present: Mayor Peterson, Council Member Nawrocki, Council Member Williams, and Council
Member Schmitt.
Staff Present: Finance Director Joseph Kloiber, Assistant Finance Director Jackie Senko, City
Attorney Jim Hoeft, Assistant City Engineer Kathy Young and City Clerk Tori Leonhardt.
Absent: Council member Diehm
Public Hearing on Proposed Special Assessment Roll and Special Assessment Lew for Delinquent
Accounts Identified with the Following Project Numbers:
P.I.R.2013-MS-30-001 P.I.R.2013-MS-30-002 P.I.R.2013-MS-30-003 P.I.R.2013-MS-30-004
P.I.R.2013-MS-30-005 P.I.R.2013-MS-30-006 P.I.R.2013-MS-30-007 P.I.R.2013-MS-30-008
P.I.R.2013-MS-30-009 P.I.R.2013-MS-30-010 P.I.R.2013-MS-30-011 P.I.R.2013-MS-30-012
P.I.R.2013-MS-30-013 P.I.R.2013-MS-30-014
a. Presentation by City Staff providing background information.
Joseph Kloiber, Finance Director, most of the information was completed by the Assistant Finance
Director Jackie Senko and any individual questions can be answered by her. Kloiber stated annually
staff recommends that the City Council adopt a special levy to collect miscellaneous charges on
customer accounts that have reached the delinquent state within the past year. These services include
water, sewer, refuse, weed cutting, tree removal, stop box repair/replacement, nuisance/hazard
abatement, etc. In prior years, the Council has always adopted a one-year payment period for these
types of assessments.
Kloiber stated that the proposed assessment is payable over one year at 6% interest. The principal
amount of$198,015.02 in the proposed resolution and assessment roll is less than the initial amount
published in the hearing notice, as a result of payment on delinquent accounts received between the
publishing of the notice and the date of this meeting. Kloiber also stated that eleven of these delinquent
amounts were initially invoiced to the customer at one or more points prior to July 31, 2013. With this
taken into consideration, the effective interest rate is lower than 6%, depending on the date(s) service
was provided to each property.
b. Questions/Comments from City Council and the Public.
Nawrocki also asked what the late fee was. Kloiber stated it is 5%penalty after the due date.
Nawrocki asked if the penalty is a one-time penalty and how far these assessments go back. Senko
stated they go back from July 2013 to June 2013. Kloiber clarified unless they are in a payment
arrangement.
Alioune Thiam, 3957 Polk Street, stated all the bills were paid and the charges reflect late fees from a
previous tenant not paying. Kloiber indicated that it was $44.50. The owner stated he paid the original
past due amount and what is left are late fees. Kloiber stated there are certain times when we waive
late fees and he stated he will look into this address and make a determination on the late charges and
will provide him with a response this week. Thiam submitted a letter of request to the City Clerk.
19
Williams asked if some of these were vacant houses or foreclosed properties. Kloiber stated some
banks do wait for this process.
Motion by Williams, second by Schmitt, to close the Public Hearing and waive reading of Resolution
2013-77 there being ample copies available to the public. Upon vote: All ayes. Motion carried.
Kloiber stated that it would be more consistent to stay with the proposed 4% interest rate
as it would be easier to consolidate when submitted to the county.
Motion by Williams, second by Schmitt, to adopt Resolution 2013-77, to include a 4% interest rate,
being a resolution to adopt an assessment roll and levy a special assessment for delinquent accounts.
Upon vote: All ayes. Motion carried
Mayor Peterson adjourned the meeting at 7:18 PM.
Tori Leonhardt, City Clerk
RESOLUTION NO.2013-77
ADOPT AN ASSESSMENT ROLL AND LEVY A SPECIAL ASSESSMENT FOR DELINQUENT
ACCOUNTS
WHEREAS, one or more services required by city ordinance, including water, sewer, refuse, weed cutting,
tree removal, stop box repair/replacement and abatement of nuisance/hazardous, and numbered as Projects
P.I.R. 2013-MS-30-001 P.I.R. 2013-MS-30-002 P.I.R. 2013-MS-30-003 P.I.R. 2013-MS-30-004
P.I.R. 2013-MS-30-005 P.I.R. 2013-MS-30-006 P.I.R. 2013-MS-30-007 P.I.R. 2013-MS-30-008
P.I.R. 2013-MS-30-009 P.I.R. 2013-MS-30-010 P.I.R. 2013-MS-30-011 P.I.R. 2013-MS-30-012
P.I.R. 2013-MS-30-013 P.I.R. 2013-MS-30-014
have been provided to and benefited the properties listed in the assessment roll below; and,
WHEREAS, the charges to said properties for said services are unpaid and delinquent; and,
WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 6:45 p.m. on the 7th day
of October 2013 in the City Council Chamber 590 401h Avenue N.E. Columbia Heights, Minnesota, being
the time and place set when and where all persons interested could appear and be heard by the Council
with respect to the benefits and cost of providing the services described below, a notice of such hearing
having been heretofore duly published as required by law, and a notice mailed to each property owner of
record, stating the proposed amount of the assessment; therefore,
THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES:
Section 1. That this Council does hereby adopt the assessment roll below known and described as
"Assessment Roll for 2013 Delinquent Accounts", numbered as
20
P.I.R. 2013-MS-30-001 P.I.R. 2013-MS-30-002 P.I.R. 2013-MS-30-003 P.I.R. 2013-MS-30-004
P.I.R. 2013-MS-30-005 P.I.R. 2013-MS-30-006 P.I.R. 2013-MS-30-007 P.I.R. 2013-MS-30-008
P.I.R. 2013-MS-30-009 P.I.R. 2013-MS-30-010 P.I.R. 2013-MS-30-011 P.I.R. 2013-MS-30-012
P.I.R. 2013-MS-30-013 P.I.R. 2013-MS-30-014
Section 2. That this Council hereby finds and determines that each of the parcels of land enumerated in
the assessment roll was and is especially benefited by the services provided. The Council
further finds and determines that the proper cost of these services to be especially assessed
against each parcel of land is the amount of unpaid delinquent charges for said services.
Section 3. That said assessments may be paid in part or in full without interest on or before November 6,
2013.
Section 4. Payments will be accepted at Columbia Heights City Hall, 590 40`h Avenue N.E. Columbia
Heights, Minnesota, on or before November 15, 2013. Any amount unpaid after November 15,
2013, will be certified to the Anoka County Auditor for collection with the real estate taxes as
a special assessment beginning with the taxes payable in the year 2014. The annual principal
installments, together with 6% interest are due and payable with the real estate taxes for a
period of one year or less.
Section 5. This resolution shall take effect immediately upon passage.
21
CITY COUNCIL LETTER
Meeting of: October 28, 2013
AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER
NO: RESOLUTION 2013-98 FINANCE APPROVAL
ITEM: BEING A RESOLUTION AWARDING THE BY: JOSEPH KLOIBER BY:
SALE OF GENERAL OBLIGATION IMPROVEMENT
AND UTILITY REVENUE BONDS, SERIES 2013A, IN DATE: 10/23/2013
THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT
OF $ ; FIXING THEIR FORM AND
SPECIFICATIONS; DIRECTING THEIR EXECUTION
AND DELIVERY; AND PROVIDING FOR THEIR
PAYMENT.
Background
On September 23, 2013, the city council discussed and authorized the sale of the 2013A series bonds.
The City's bond counsel, Kennedy & Graven, has prepared the attached resolution to award the sale of
these bonds to the winning bidder.
RECOMMENDED MOTION: Move to waive the reading of Resolution 2013-98 there being ample
copies available for the public.
RECOMMENDED MOTION: Move to adopt Resolution 2013-98, being a resolution awarding the sale
of general obligation improvement and utility revenue bonds, series 2013A, in the original aggregate
principal amount of$ ; fixing their form and specifications; directing their execution and
delivery; and providing for their payment.
JK: nb
1310281COUNCIL
Attachment
COUNCIL ACTION:
23
CITY COUNCIL LETTER
Meeting o£ October 28, 2013
AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER
NO: RESOLUTION 2013-99 FINANCE APPROVAL
ITEM: BY: JOSEPH KLOIBER BY:
RESOLUTION APPROVING POST-ISSUANCE
COMPLIANCE PROCEDURE AND POLICY FOR DATE: 10/23/2013
TAX-EXEMPT GOVERNMENTAL BONDS.
Background
Due to recent changes in IRS procedures, it is in the best interest of the City to formally adopt a
procedure and policy to assure compliance with federal limits on the use of proceeds from tax-exempt
bonds. We want to emphasize that it has always been the City's procedure and policy to adhere to these
limits, this resolution is just formal council approval of this. In addition to the resolution approving the
procedure and policy, attached is a copy of the policy language, and a memo further explaining the need
for formal approval at this time. All three of these attachments were prepared by the City's bond
counsel, Kennedy and Graven.
RECOMMENDED MOTION: Move to waive the reading of Resolution 2013-99 there being ample
copies available for the public.
RECOMMENDED MOTION: Move to adopt Resolution 2013-99,being a resolution approving post-
issuance compliance procedure and policy for tax-exempt governmental bonds.
JK: nb
1310282COUNCIL
Attachments
COUNCIL ACTION:
24
CITY OF COLUMBIA HEIGHTS,MINNESOTA
RESOLUTION NO. 2013-99
RESOLUTION APPROVING POST-ISSUANCE COMPLIANCE
PROCEDURE AND POLICY FOR TAX-EXEMPT GOVERNMENTAL BONDS
BE IT RESOLVED By the City Council (the "Council") of the City of Columbia Heights,
Minnesota(the"City")as follows:
Section 1. Recitals.
1.01. The City from time to time issues tax-exempt governmental bonds to finance various public
projects.
1.02. Under Sections 103 and 140 to 150 of the Internal Revenue Code of 1986, as amended(the
"Code")and related regulations,the City is required to take certain actions after the issuance of such bonds to
ensure that interest on those bonds remains tax-exempt.
1.03. The City has determined to adopt written procedures regarding how the City will carry out
its bond compliance responsibilities, and to that end has caused to be prepared a document titled
Post-Issuance Compliance Procedure and Policy for Tax-Exempt Governmental Bonds(the"Policy").
1.04. The Council has reviewed the Policy has determined that it is in the best interest of the City
to adopt the Policy.
Section 2. Policy Approved.
2.01. The Council approves the Policy in substantially the form on file in City Hall.
2.02. City staff are authorized to take all actions necessary to carry out the Policy.
Approved by the City Council of the City of Columbia Heights,Minnesota,this 28th day of October,
2013.
Mayor
ATTEST:
City Clerk/Council Secretary
4338320 NINI CL162-31
25
470 US Bank Plaza
v� ,
200 South Sixth Street
Minneapolis MN 55402
° (612)337-9300 telephone
'�� (612)337-9310 fax
http:;'u ww.kennedy-graven.com
CHARTERED
MEMORANDUM
To: Joe Kloiber,Finance Director; City Council of the City of Columbia Heights
From: Martha Ingram, Kennedy&Graven
Re: Post-Issuance Compliance for Tax-Exempt Bonds
Date: October 21,2013
The City of Columbia Heights (the"City") is an issuer of tax-exempt governmental bonds. Over
time, the Internal Revenue Service(the"IRS")has developed a series of regulations that require issuers of
such bonds to take certain actions after the bonds have been issued to ensure that the bonds remain
tax-exempt. The IRS has also begun to investigate whether issuers of tax-exempt bonds are complying
with these regulations. For example, in early 2009, the IRS mailed its Governmental Bond Financings
Compliance Check Questionnaire, Form 14002 to two hundred governmental entities that had issued
tax-exempt bonds in 2005. A major focus of the IRS questionnaire is whether the governing body of the
issuer responding to the questionnaire has adopted written procedures for its required post-issuance
compliance actions. The questions in this questionnaire provide clear guidance from the IRS on the
post-issuance actions that are expected from issuers of tax-exempt governmental bonds, the records that
the IRS expects such issuers to retain, and the period of time such records are expected to be retained.
The IRS has suggested that it may send this or a similar questionnaire to more issuers in the near future.
More recently, in September 2011, the IRS revised its Form 8038-G, which is the informational
tax return that issuers of tax-exempt governmental bonds are required to submit in connection with each
bond issue. The new version of the Form 8038-G requires the issuer to certify whether it has written
procedures in place for its post-issuance compliance activities. In addition, if a problem with the tax
exemption of the bonds is identified at some point, the IRS has indicated it will allow reduced closing
agreement amounts under its Voluntary Closing Agreement Program for issuers who implement written
post-issuance compliance procedures.
Our office has prepared a model policy which, if implemented and followed, will meet IRS
requirements for post-issuance compliance, I strongly recommend that the City Council adopt this policy,
and that it follow the adopted policy with regard to all of its tax-exempt bonds. If you have any questions
about post-issuance compliance or the proposed policy, please do not hesitate to call me at
(612) 337-9231.
433828vl MNI CL 162-31
26
City of Columbia Heights,Minnesota
POST-ISSUANCE COMPLIANCE PROCEDURE AND POLICY
FOR TAX-EXEMPT GOVERNMENTAL BONDS
Adopted October 28,2013
433830v] MNI CL162-31
27
Post-Issuance Compliance Procedure and Policy
for Tax-Exempt Governmental Bonds
The City of Columbia Heights, Minnesota (the "Issuer") issues tax-exempt governmental bonds
("TEBs") to finance various public projects. As an issuer of TEBs, the Issuer is required by the terms of
Sections 103 and 141-150 of the Internal Revenue Code of 1986, as amended (the "Code"), and the
Treasury Regulations promulgated thereunder (the "Treasury Regulations"), to take certain actions after
the issuance of TEBs to ensure the continuing tax-exempt status of such bonds. In addition, Section 6001
of the Code and Section 1.6001-1(a) of the Treasury Regulations impose record retention requirements on
the Issuer with respect to its TEBs. This Post-Issuance Compliance Procedure and Policy for
Tax-Exempt Governmental Bonds (the "Policy") has been approved and adopted by the Issuer to ensure
that the Issuer complies with its post-issuance compliance obligations under applicable provisions of the
Code and Treasury Regulations.
1. Effective Date and Tenn. The effective date of this Policy is the date of approval by the
City Council of the Issuer (October 28, 2013) and this Policy shall remain in effect until superseded or
tenninated by action of the City Council of the Issuer.
2. Responsible Parties. The Finance Director of the Issuer(the"Compliance Officer") shall
be the party primarily responsible for ensuring that the Issuer successfully carries out its post-issuance
compliance requirements under applicable provisions of the Code and Treasury Regulations. The
Compliance Officer will be assisted by the staff of the Issuer and other officials when appropriate. The
Compliance Officer of the Issuer will also be assisted in carrying out post-issuance compliance
requirements by the following organizations:
(a) Bond Counsel (as of the date of approval of this Policy, bond counsel for the
Issuer is Kennedy&Graven,Chartered);
(b) Financial Advisor (as of the date of approval of this Policy, the financial advisor
of the Issuer is Ehlers&Associates, Inc.);
(c) Paying Agent (the person, organization, or officer of the Issuer primarily
responsible for providing paying agent services for the Issuer); and
(d) Rebate Analyst (the organization primarily responsible for providing rebate
analyst services for the Issuer).
The Compliance Officer shall be responsible for assigning post-issuance compliance responsibilities to
other staff of the Issuer,Bond Counsel,Paying Agent, and Rebate Analyst. The Compliance Officer shall
utilize such other professional service organizations as are necessary to ensure compliance with the post-
issuance compliance requirements of the Issuer. The Compliance Officer shall provide training and
educational resources to Issuer staff responsible for ensuring compliance with any portion of the post-
issuance compliance requirements of this Policy.
3. Post-Issuance Compliance Actions. The Compliance Officer shall take the following
post-issuance compliance actions or shall verify that the following post-issuance compliance actions have
been taken on behalf of the Issuer with respect to each issue of TEBs:
(a) The Compliance Officer shall prepare a transcript of principal documents (this
action will be the primary responsibility of Bond Counsel).
4338300 MNl CL162-31 _1
28
(b) The Compliance Officer shall file with the Internal Revenue Service (the"IRS"),
within the time limit imposed by Section 149(e) of the Code and applicable Treasury Regulations,
an Information Return for Tax-Exempt Governmental Obligations, Form 8038-G (this action will
be the primary responsibility of Bond Counsel).
(c) The Compliance Officer shall prepare an "allocation memorandum" for each
issue of TEBs in accordance with the provisions of Treasury Regulations, Section 1.148-6(d)(1),
that accounts for the allocation of the proceeds of the tax-exempt bonds to expenditures not later
than the earlier of:
(i) eighteen (18) months after the later of(A) the date the expenditure is paid, or
(B) the date the project, if any, that is financed by the tax-exempt bond issue is placed in
service; or
(ii) the date sixty (60) days after the earlier of(A) the fifth anniversary of the
issue date of the tax-exempt bond issue, or (B) the date sixty (60) days after the
retirement of the tax-exempt bond issue.
Preparation of the allocation memorandum will be the primary responsibility of the Compliance
Officer(in consultation with the Financial Advisor and Bond Counsel).
(d) The Compliance Officer, in consultation with Bond Counsel, shall identify
proceeds of TEBs that must be yield-restricted and shall monitor the investments of any
yield-restricted funds to ensure that the yield on such investments does not exceed the yield to
which such investments are restricted.
(e) In consultation with Bond Counsel, the Compliance Officer shall determine
whether the Issuer is subject to the rebate requirements of Section 148(f) of the Code with respect
to each 'issue of TEBs. In consultation with Bond Counsel, the Compliance Officer shall
determine, with respect to each issue of TEBs of the Issuer, whether the Issuer is eligible for any
of the temporary periods for unrestricted investments and is eligible for any of the spending
exceptions to the rebate requirements. The Compliance Officer shall contact the Rebate Analyst
(and, if appropriate, Bond Counsel) prior to the fifth anniversary of the date of issuance of each
issue of TEBs of the Issuer and each fifth anniversary thereafter to arrange for calculations of the
rebate requirements with respect to such TEBs. If a rebate payment is required to be paid by the
Issuer, the Compliance Officer shall prepare or cause to be prepared the Arbitrage Rebate, Yield
Reduction and Penalty in Lieu of Arbitrage Rebate, Form 8038-T, and submit such Form 8038-T
to the IRS with the required rebate payment. If the Issuer is authorized to recover a rebate
payment previously paid, the Compliance Officer shall prepare or cause to be prepared the
Request for Recovery of Overpayments Under Arbitrage Rebate Provisions, Form 8038-R, with
respect to such rebate recovery,and submit such Fonn 8038-R to the IRS.
4. Procedures for Monitoring, Verification, and Inspections. The Compliance Officer shall
institute such procedures as the Compliance Officer shall deem necessary and appropriate to monitor the
use of the proceeds of TEBs issued by the Issuer, to verify that certain post-issuance compliance actions
have been taken by the Issuer, and to provide for the inspection of the facilities financed with the
proceeds of such bonds. At a minimum,the Compliance Officer shall establish the following procedures:
(a) The Compliance Officer shall monitor the use of the proceeds of TEBs to:
(i)ensure compliance with the expenditure and investment requirements under the temporary
433830v1 MNl CL162-31 -2-
29
period provisions set forth in Treasury Regulations, Section 1.148-2(e); (ii)ensure compliance
with the safe harbor restrictions on the acquisition of investments set forth in Treasury
Regulations, Section 1.148-5(d); (iii) ensure that the investments of any yield-restricted funds do
not exceed the yield to which such investments are restricted; and (iv)determine whether there
has been compliance with the spend-down requirements under the spending exceptions to the
rebate requirements set forth in Treasury Regulations, Section 1.148-7.
(b) The Compliance Officer shall monitor the use of all bond-financed facilities in
order to: (i)determine whether private business uses of bond-financed facilities have exceeded
the de minimis limits set forth in Section 141(b) of the Code as a result of leases and subleases,
licenses, management contracts, research contracts, naming rights agreements, or other
arrangements that provide special legal entitlements to nongovernmental persons; and
(ii) determine whether private security or payments that exceed the de minimis limits set forth in
Section 141(b) of the Code have been provided by nongovernmental persons with respect to such
bond-financed facilities. The Compliance Officer shall provide training and educational
resources to any Issuer staff who have the primary responsibility for the operation, maintenance,
or inspection of bond-financed facilities with regard to the limitations on the private business use
of bond-financed facilities and as to the limitations on the private security or payments with
respect to bond-financed facilities.
(c) The Compliance Officer shall undertake the following with respect to each
outstanding issue of TEBs of the Issuer: (i) an annual review of the books and records
maintained by the Issuer with respect to such bonds; and (ii) an annual physical inspection of the
facilities financed with the proceeds of such bonds, conducted by the Compliance Officer with
the assistance with any Issuer staff who have the primary responsibility for the operation,
maintenance,or inspection of such bond-financed facilities.
5. Record Retention Requirements. The Compliance Officer shall collect and retain the
following records with respect to each issue of TEBs of the Issuer and with respect to the facilities
financed with the proceeds of such bonds: (i) audited financial statements of the Issuer; (ii)appraisals,
demand surveys, or feasibility studies with respect to the facilities to be financed with the proceeds of
such bonds; (iii)publications,brochures, and newspaper articles related to the bond financing; (iv)trustee
or paying agent statements; (v)records of all investments and the gains (or losses)from such investments;
(vi) paying agent or trustee statements regarding investments and investment earnings;
(vii)reimbursement resolutions and expenditures reimbursed with the proceeds of such bonds;
(viii)allocations of proceeds to expenditures (including costs of issuance) and the dates and amounts of
such expenditures (including requisitions, draw schedules, draw requests, invoices, bills, and cancelled
checks with respect to such expenditures); (ix)contracts entered into for the construction, renovation, or
purchase of bond-financed facilities; (x) an asset list or schedule of all bond-financed depreciable
property and any depreciation schedules with respect to such assets or property; (xi) records of the
purchases and sales of bond-financed assets; (xii) private business uses of bond-financed facilities that
arise subsequent to the date of issue through leases and subleases, licenses, management contracts,
research contracts, naming rights agreements, or other arrangements that provide special legal
entitlements to nongovernmental persons and copies of any such agreements or instruments;
(xiii)arbitrage rebate reports and records of rebate and yield reduction payments; (xiv) resolutions or
other actions taken by the governing body subsequent to the date of issue with respect to such bonds;
(xv)formal elections authorized by the Code or Treasury Regulations that are taken with respect to such
bonds; (xvi) relevant correspondence relating to such bonds; (xvii) documents related to guaranteed
investment contracts or certificates of deposit, credit enhancement transactions, and financial derivatives
entered into subsequent to the date of issue; (xviii)copies of all Form 8038-Ts and Form 8038-Rs filed
with the IRS; and(xix)the transcript prepared with respect to such TEBs.
433830v1 MINI CL162-31
30
The records collected by the Issuer shall be stored in any format deemed appropriate by the
Compliance Officer and shall be retained for a period equal to the life of the TEBs with respect to which
the records are collected (which shall include the life of any bonds issued to refund any portion of such
TEBs or to refund any refunding bonds)plus three(3)years.
6. Remedies. In consultation with Bond Counsel, the Compliance Officer shall become
acquainted with the remedial actions under Treasury Regulations, Section 1.141-12, to be utilized in the
event that private business use of bond-financed facilities exceeds the de minimis limits under
Section 141(b)(1) of the Code. In consultation with Bond Counsel,the Compliance Officer shall become
acquainted with the Tax Exempt Bonds Voluntary Closing Agreement Program described in Notice
2008-31, 2008-11 I.R.B. 592, to be utilized as a means for an issuer to correct any post-issuance
infractions of the Code and Treasury Regulations with respect to outstanding tax-exempt bonds.
7. Continuing Disclosure Obligations.ions. In addition to its post-issuance compliance
requirements under applicable provisions of the Code and Treasury Regulations, the Issuer has agreed to
provide continuing disclosure, such as annual financial information and material event notices, pursuant
to a continuing disclosure certificate or similar document (the "Continuing Disclosure Document")
prepared by Bond Counsel and made a part of the transcript with respect to each issue of bonds of the
Issuer that is subject to such continuing disclosure requirements. The Continuing Disclosure Documents
are executed by the Issuer to assist the underwriters of the Issuer's bonds in meeting their obligations
under Securities and Exchange Commission Regulation, 17 C.F.R. Section 240.15c2-12, as in effect and
interpreted from time to time ("Rule 15c2-12"). The continuing disclosure obligations of the Issuer are
governed by the Continuing Disclosure Documents and by the terms of Rule 15c2-12. The Compliance
Officer is primarily responsible for undertaking such continuing disclosure obligations and to monitor
compliance with such obligations.
8. Other Post-Issuance Actions. If, in consultation with Bond Counsel, Financial Advisor,
Paying Agent, Rebate Analyst, or the City Council, the Compliance Officer determines that any
additional action not identified in this Policy must be taken by the Compliance Officer to ensure the
continuing tax-exempt status of any issue of governmental bonds of the Issuer, the Compliance Officer
shall take such action if the Compliance Officer has the authority to do so. If, after consultation with
Bond Counsel, Financial Advisor, Paying Agent, Rebate Analyst, or the City Council, the Compliance
Officer determines that this Policy must be amended or supplemented to ensure the continuing tax-exempt
status of any issue of governmental bonds of the Issuer, the Compliance Officer shall recommend to the
City Council that this Policy be so amended or supplemented.
9. Taxable Governmental Bonds. Most of the provisions of this Policy, other than the
provisions of Section 7, are not applicable to governmental bonds the interest on which is includable in
gross income for federal income tax purposes. On the other hand, if an issue of taxable governmental
bonds is later refunded with the proceeds of an issue of tax-exempt governmental refunding bonds, then
the uses of the proceeds of the taxable governmental bonds and the uses of the facilities financed with the
proceeds of the taxable governmental bonds will be relevant to the tax-exempt status of the governmental
refunding bonds. Therefore, if there is any reasonable possibility that an issue of taxable governmental
bonds may be refunded, in whole or in part, with the proceeds of an issue of TEBs, then for purposes of
this Policy, the Compliance Officer shall treat the issue of taxable governmental bonds as if such issue
were an issue of TEBs and shall carry out and comply with the requirements of this Policy with respect to
such taxable governmental bonds. The Compliance Officer shall seek the advice of Bond Counsel as to
whether there is any reasonable possibility of issuing TEBs to refund an issue of taxable governmental
bonds.
433830v1 MNI CL162-31 -4-
31
10. Qualified 501(c)(3) Bonds. If the City issues bonds to finance a facility to be owned by
the City but which may be used, in whole or in substantial part,by a nongovernmental organization that is
exempt from federal income taxation under Section 501(a) of the Code as a result of the application of
Section 501(c)(3) of the Code (a "501(c)(3) Organization"), the City may elect to issue the bonds as
"qualified 501(c)(3) bonds" the interest on which is exempt from federal income taxation under
Sections 103 and 145 of the Code and applicable Treasury Regulations. Although such
qualified 501(c)(3) bonds are not governmental bonds, at the election of the Compliance Officer, for
purposes of this Policy, the Compliance Officer shall treat such issue of qualified 501(c)(3) bonds as if
such issue -ere an issue of tax-exempt governmental bonds and shall carry out and comply with the
requirements of this Policy with respect to such qualified 501(c)(3) bonds. Alternatively, in cases where
compliance activities are reasonably within the control of the relevant 501(c)(3) Organization, the
Compliance Officer may determine that all or some portion of compliance responsibilities described in
this Policy shall be assigned to the relevant organization.
433830vl MNI CLI62-31
32
CITY COUNCIL LETTER
Meeting of October 28, 2013
AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY
Fire MANAGER
NO: APPROVAL
ITEM: Rental Housing BY: Gary Gorman BY:
Licenses
NO: DATE: October 22, 2013 DATE:
Approval of attached list of rental housing applications.
RECOMMENDED MOTION: Move to approve the items listed for rental housing
license applications for October 28, 2013 in that they have met the requirements of the
Property Maintenance Code.
COUNCIL ACTION:
33
COLUMBIA HEIGHTS Print Rental Licenses to
FIRE DEPARTMENT approve by CC
Inspoction Division,
nus*1st Avenue mE.-Columbia Heights,ww e54u`'px:r6o-7o6-a1se'Fax:763-70e-8151
10001 101GGOULDAVE Sturdy Foundation Investments, LLC F13013
PO Box 12O30 $ 150.00
Honolulu, H/ 0G828
10001 101GGOULDAVE |keda. Rika F13013
PD Box 12O3S $ 15OD0
Honolulu, H| Q6828
10031 4112 TYLER ST VVo|nik. He|an F12967
860O Pleasant Ave So. #136 $ 150.00
Richfield, MN55423'2370
10081 4712 6TH ST Osborne, Carl F12894
2585CohanooySt. $ 150.00
Roseville, K4N55113
10063 4721 5TH ST Froi|and, Dane F12999
1825158th Avenue N.VV. $ 150.00
Andover, K4N553O4
10081 4840 JEFFERSON ST Knamarczuk. Annm F13090
2433 Dianna Lane $ 150.00
St Paul, k4N55117
10082 1380 PIERCE TER Johnaon. Ben F13091
0824 Northland Avenue $ 150.00
Brooklyn Park, yWN55443
10083 2221 FOREST DR Fuhhe' Bryan F12723
5001 Plaza on the lake#25O $ 150.00
Austin, MN78748
10000 4O25 MADISON ST SohrenCc` Corrine F12904
1230 Maine Prairie Road $ 150.00
St. Cloud, PWN5G3O1
10003 4311 ROYCE ST Stauoh, Le|and F13077
1155 Khyber Lane N.E. 5150.00
Columbia Heighto, MN 55421
10094 4236 K4ONF7OEST Kooh. Ken F13088
4D42 Arthur Street NE $ 150.08
Columbia Heights, MN 55421
10/21/20I3 10:57 Page 1
34
COLUMBIA HEIGHTS, Print Rental Licenses to
FIRE DEPARTMENT approve by CC
"!on Division
uos4`st Avenue w.s.'Columbia Heights,ww os*u1-Ph:rmo-rn6-u1sa'Fax:rma'roa-8,s1
10100 5258 6TH ST Herron, Lindsay F12878
22548 Gtar|itoCrt $ 150.00
Rogers, k8N55374
10101 2O00 CLEVELAND ST 30OO Cleveland, LLC F13003
40O8W6AthSt. $ 150.00
Edina, K4N55435
10108 38UG TYLER ST Kuohtm' Ben F12860
3118VV Calhoun Blvd $ 150.00
Minneapolis, MN55416
10113 4317 5TH ST Michael, David F12938
3430 List Place #1704 $ 150.00
Minneapolis, MN55418
10118 42O5 JEFFERSON ST K4SR| F12863
5001 Plaza on the Lake#25O $ 150.00
Columbia Heigh(o, MN 55421
10131 4906 MADISON ST Thin|ey. Thin|ey, F12906
3125A4th Avenue N. $ 150.00
Brooklyn Park, K4N55443
10133 4OU3 MAIN ST Dorko, Kenneth F10133
5O72C|oarviaw St. NE $ 150.00
Fridley, PWN55421
10136 65O47THAVE Datrommki. Bnan1 F13071
1370 Pike Lake Court $ 150.00
New Brighton, yWN55112
10152 3031 JACKSON ST Burson, Stephen F13044
1823 14th Ave S. $ 150.00
Minneapolis, K4N55404-1441
10154 413S JEFFERSON ST Youdon. Paaong F12980
1310 Rice Creek Road $ 150.00
Fridley, yNN55432
10155 5A337THAVE |ngobhgtann. Jeffrey F13104
5A238th Ave NE $ 150.00
Columbia Heights, MN 55421
10/21/2013 18:57 Page 2
35
COLUMBIA �������������
����'�����������m� ���������� � �� Print Rental Licenses to
FIRE DEPARTMENT approve by CC
Division
oos41m Avenue w.E.'Columbia Heights,mw sn*u1'Ph:7ao-7o6-e1sm-Fax:roaxos-81o1
10180 A8842NDAVE CEL Morton LLC F12907
1845 Stinson Parkway $ 150.00
Minneapolis, MN 55418
10161 3A11 ULYSSES ST Nelson, Bernie F1 3007
1121 177th Lane NE $ 150�UO
Ham Lake, MN553O4
10164-RY 3811 G/\UV|TTE8T Brion, Brian F13081
4137DoenwoodTd $ 150.00
Eagan, K4N55122
10175_CFC 4U0O WASHINGTON ST Bona. Bhen F12981
5333 University Ave $ 150.00
Fridley, yWN55421
10177 482O 5TH ST Froi|and. Oano F12908
1825158th Avenue N.VV. $ 150.00
Andover, MN553O4
18224 4Q00 5TH ST Ce| Mon0on. LLC F12997A
1845 Stinson PKWY#1O2 $ 150.00
Minneapolis, K4N55418
10241 3AS2 5TH ST SaykoUy. Jeooioa F13002
1543Oa|ewmneAvenue $ 150.00
St. Petonab*rg. FL33703
10245 3815 VAN BURENGT Allen, David F12883
4022 Monroe St $ 150.00
Columbia Heights, K4N55421
10248 1468 LINCOLN TER Lake, James F12009
4630 Wellington Lane N $ 150.00
Plymouth, MN 55442
10265 801 37TH AVE Madina, Luis F1 3008
2133U Ibis St $ 150,00
Oak Grove, MN55O11
10208 4408K4DNROEST O'Connell, Brian F1 3095
387Londoao\erLnN. $ 150.00
Champlin, K4N55318
10/21/2013 10:5 7 Page a
36
COLUMBIA HEIGHTS Print Rental Licenses to
FIRE DEPARTMENT approve by CC
ous*`mAvenue N.E.-Columbia Heights,mw ss4u`-Ph:rso-7o*o1am'Fax:763-706-8 151
10301 101O431/2AVE TunOaeth' Scott F12982
11428OwenionCX $ 150.00
Cincinnati, OH45240
10304 4204 7TH ST Millington, Deane F12978
9008211otSTVV $ 150.00
Lakeville, K4N55O44
10306 4422 7TH ST Anglin, Bobby F13053
41466thSTSVV $ 150.00
Waverly, K4N553QO
10310 383221/2ST Lemke, Michelle F1 3080
153O Welcome Ave $ 150.00
Golden Valley, MN55422
10327 4030 7TH ST Loem. Sunon F13085
1751Shryem Ave VV $ 150.00
Roseville, K4N55113
10338 4241 4TH 5T Fudho. Bryan F12697
4241 4th St $ 150.08
Columbia Hoightn, MN 55421
10341 4100 K8DNROE ST Riohordoon, Ed F12806
880 Bhoho| Court $ 15O.0O
Dixon, CAQ5820
10344 230 44TH AVE Pingui|, Jose F13079
738 Quincy Street $ 150.00
Minneapolis, K4N55113
10345 4330 WASHINGTON ST Silverstein, Marc F13097
40G4 Colony Rd #420 $ 150.00
Charlotte, NC2O211
10347 4240 6TH ST 11-12 Property Illinois, LP F13111
282682nd Street East #235 $ 150.00
Bloomington, [NN55425
10352 4348 6TH ST 0ayinka. Sunday F13055
3852 Windmill Curve $ 150.00
Woodbury, MN5512Q
10/21/2013 10:57 Page 4
37
COLUMBIA HE10HTS Print Rental Licenses to
FIRE DEPARTMENT approve by CC
__j"pection Division
ooa*`m/waouomE.'Columbia Heights,ww oo4z1-Ph:7en-7m6-u1sa-Fax:763-70e-8151
10359 4711 CHATHAM RD Nolan, Brian F1 3096
6931 137th Lane NVV $ 150.00
Ramsey, MN553O3
10383 10O041STAVE Hamimuune. Rahhu| F1 3102
05Q4S1/2 Avenue NE $ 150.00
Columbia Hnighto, MN 55421
10301 1UOO41STAVE 8SB. Properties, LLC F13040
1775 Selby Ave.#1 $ 150.00
St. Paul, K4N55104
10401 432O 5TH 8T K4erdun. Jeff F12278
134O533nd Avenue N. $ 150.00
Plymouth, MN 55441
10421 3009 HAYESST PK4P Investment LLC F12850
14412 Salsbury Plain Ct $ 150.00
Centerville, VA2012O
12021 A3Q421/2AVE Qrupo' K4ark F131 10
939 42 1/2 Ave $ 150.0U
Columbia Heighta, MN 55421
12026 1O15418TAVE Swanson, Todd F13072
1815 41 STAVE NE 8150.00
Columbia HeiQhhn, MN 55421
12029 4048 MADISON ST Caro0anoen. Kathryn F1 2991
404O Madison Street $ 150.00
Columbia Heighto, MN 55421
12094 1U2445THAVE Hamilton, Vicki F12734
58AO Oakwood Manor $ 150.00
Fridley, MN55432
12138 1214431/2AVE Sondonons. Pmtsy F12908
121843-1/2 Avenue NE $ 150.00
Columbia Heights, MN 55421
12140 S0U51STAVE yWoC)uarry. Thomao F13008
S0Q51otAvenue $ 150.00
Columbia Hmighto, MN 55421
10/21/2013 10:57 Page s
38
COLUMBIA HEIGHTS Print Rental Licenses to
FIRE DEPARTMENT approve by [C
uos41st Avenue ms. Columbia Heights,wm as*21'Ph:7ox-7m6-n1ne-Fax:763-7o6*151
12183 42OQ WASHINGTON 5T Lee, Grace F1 3092
42OQ Washington Street $ 150.00
Columbia Heighto, MN 55421
12203 4480yWONROEST Graham, James F12092
440Q Monroe Street $ 150.00
Columbia Hoighte, MN 55421
20031 4038 MADISON ST Hu|mbeok.Aoron F12080
2575 Union Avenue $ 150.00
Garner, |Ab0438
20050 4857 5TH GT Rmxo. Bob F13054
1422868th Place N. $ 150.00
Maple Grove, yNN55311
20862 1O13431/2AVE Corbin, David F12741
2158131o1AvNVV $ 150.00
Coon Rapids, K4N55448
20071 4587 TAYLOR ST Van B|arioom' Stanley F12730B
118 Balsam Lane N. $ 150.00
Plymouth, K4N55441
20072 4513 TAYLOR ST Van 8|ahoom' Stanley F12739A
118 Balsam Lane N. $ 150.00
Plymouth, K4N55441
20073 452Q TAYLOR ST Van Biahoom. Stanley F12730
118 Balsam Lane N. $ 150.00
Plymouth, MN5b441
20077 483U WASHINGTON ST Jinaook. Chad 1713051
1201 4Qth Avenue NE $ 150.0O
Columbia HeiQhto, MN 55421
20087 4357 7TH ST Unko-Hanuon. Jmnene F12888
18717th Ave SVV $ 150.00
New Brighton, MN55112
20003 4816 TAYLOR ST Cheng. Dev/d F12053
341 Noogo|e Avenue Up/Down $ 150.00
Columbia Heights, yWN55421
10/21/2013 10:57 Page 6
39
COLUMBIA HEIGHTS Print Rental Licenses to
FIRE DEPARTMENT approve by CC
n2o41m Avenue mE.'Columbia Heights,mw ss4u1'Ph:ran-7oa-81so-Fax:reo-7no-8,m
20095 3813 PIERCE ST Bueokoler, Ca|eb F12912
4444 Tyler Place NE $ 150.00
Columbia Heights, MN 55421
20105 3807 PIERCE ST Da|a.Anan F13056
12550 Zest St $ 150.00
Blaine, K8N5544Q
20111 4028 CLEVELAND ST Boyum. C|i0brd F12837A
2G43PorkvievvDrive $ 15O�00
White Bear Township, KXN55110
20121 12O4 CHEERY LN DH Properties F12889
O5551at Ave NVV $ 150.00
Rice, yWN5G367
20128 82151STAVE Busse, Daniel F13884
PO Box 18672 $ 150.00
Minneapolis, K4N55418
20137 4008 CLEVELAND ST Brownrigg. Thomaa F13003
1911 Longview Drive $ 150.00
New Brighton, K4N55112
20145 111U431/2AVE Farrey. VVi||iam F12884
N23G County Rd | $ 150.00
Waterloo, VV| 53594
20140 4510 TAYLOR ST American Medical Research, Inc. F12896
105 Lakeland Shores Road $ 150.00
Lakeland, K4N55043
20153 1254 CIRCLE TER BLVD Tohey. Joap*h F12930C
544 Summit Street N.E. $ 150.OU
Columbia Heights, MN 55421
20177 4533 WASHINGTON ST Miller, William F12850
1462818th Ave Southwest $ 150.00
Seattle, VVA0810O
20198 4530 WASHINGTON ST Swanson, Jeff F13000
9705 289th Ave NW $ 150.00
Zimmerman, MN55308
10/21/2013 10:57 Page 7
40
COLUMBIA HEIGHTS Print Rental Licenses to
FIRE DEPARTMENT approve by CC
Division
u2s41m Avenue me.'Columbia Heights,ww s5421-Ph:7ou-70001no-Fax:763-70e-8151
20204 3742 3RD ST Schaff, No|in F13011
1551 Woodside Court $ 150.00
Fridley, k4N55432
20256 1415PARKV|EVVLN Poickert-Arndt, Candaue F13000
P.O. Box 13 $ 150.00
Clinton, MN68225
20281 12O7431/2AVE Chen, Charles F12854
7142 Lydia Ln $ 150.00
Woodbury, PWN55125
20284 1230 CIRCLE TER BLVD Tuhey. Jooeph F12930B
544 Summit Street N.E. 8150.00
Columbia Heights, MN 55421
28290 1248 CIRCLE TER BLVD Gutmann, Sheila F12563
4O54 Birch Knoll Drive $ 150.00
White Bear Lake, K4N55110
20299 4655POLKST Cooper, Barbara F12086
3630 Old Lake Rd $ 150.00
Uoakio' MN56300
20315 1087PDLKC|R Larson, Larry F12781
1951 14th Street NVV $ 150.00
New Brighton, K8N55112
20387 3728 3RD ST Mounds Park Investment Partners, LLC F12073
PO Box 24717 $ 150.00
Edina, K4N55424
20406 4558F|LLK4OREST Stauoh. Audrey F13076
1155 Khyber Lane NE $ 150.00
Columbia Heighta, MN 55421
30015'NC 3O47 TYLER ST Anderson, Eric F13089
3S13 Belden Dr. NE $ 150.00
St. Anthony, PWN55418
30030 84737THAVE B|ohnik.Vonoe F12903
6852 Pinnacle Or $206.00
Eden Prairie, MNG534G
10/21/2013 10:57 Page 8
41
COLUMBIA HEIGHTS Print Rental Licenses to
FIRE DEPARTMENT approve by [C
tnapection Division
..........___-______'
aua41m Avenue ms.'Columbia Heights,ww aa*21'Ph:7au-7o*u1na'Fax:/ou'ro*o,5,
30034 220030THAVE Hart Lakes Apartments, LLC F12887
5402Parkda|eDrSTE#200 $470.00
St. Louis Park, K1N55418
30038 G154OTHAVE Ukatu. Edward F12846
6O5 Iona Ln $ 105.00
Saint Paul, K4N55113
30063 3849ED6EK8OC)RPL Va|tiennz. K4ario F12616
18A32DunburyAvenue $ 160.00
Farmington, kXN55O24
30078 4556 MADISON ST Ekah. ka F1 3087
7704TmaomanDr $ 160.00
Brooklyn Park, K4N55445
30092 3838K4CK|NLEYST Hart Lakes Apartments, LLC F12860
5402Parkda|eDrSTE. #200 $470.00
St. Louis Park, MN55416
30100 3850ST|NSONBLVD Northeast Seniors Housing Corporation F12995
341OVVinnetka Avenue N. Suite A $1070.00
New Hope, MN55427
30147 3025 3RD ST Skelton, Noel F13014
3514 14th Avenue S $266.00
Minneapolis, K4N554O7
30148 4867 TYLER ST Rooha. Joanna F13843
1483VVLarpenhyurAve #2 $ 100.00
Falcon Heights, K1N55113
30163 081 43 1/2 AVE Khan. Shah F12818
273718th Street N.VV. $ 160.00
New Brighton, K4N55112
30179 382GST|NSONBLVD K|um. Cynthio F13070
1314VV. Royal Oaks Dr. $356.00
Shoreview, K4NS5128
30182 5121 UNIVERSITY AVE Lynde Investment Company, LLP F12784H
PD Box 165O1 $248.00
Minneapolis, MN55418
10/21/2013 10:57 gage 9
42
COLUMBIA HEIGHTS Print Rental Licenses to
FIRE DEPARTMENT approve by CC
Division
oue^nm Avenue w�.'Columbia Heights,ww ss*n/-Ph:ron-7oe-81mu'Fax:763-706-8151
30426 1035 PETERS PL Pa|io. Feriz F12037
78OOBhgodoon Pl. N£ $ 188.00
Fridley, MN55432
34009-NC 133142NDAVE Novvnooki. Da/e F12875
173 Hartman Circle $ 150.00
Fridley, K4N55432
Total#ufLicenses 101
10/21/2013 10:57 Page 10
43
CITY COUNCIL LETTER
Meeting of. October 28, 2013
AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER
NO: License Department APPROVAL
ITEM: License Agenda BY: Shelley Hanson DATE:
NO: DATE: October 23, 2013 BY:
BACKGROUND/ANALYSIS
Attached is the business license agenda for the October 28, 2013 Council meeting. This agenda
consists of applications for contractor licenses for 2013, and business licenses for 2014.
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 October 28,2013 as presented.
COUNCIL ACTION:
44
TO CITY COUNCIL October 28, 2013
*Signed Waiver Form Accompanied Application
CONTRACTOR'S LICENSES -2013
BLDG *Heating&Cooling Solutions 1802 226t'Lane NE, E Bethel $60
*Palen Contracting 4700 Lexington Ave N, Shoreview $60
*Steve Sward Tree &Land 2024 Sugarloaf Tr, Brk. Pk $60
*All Metro Excavating 6730 207`i'Ave NW, Elk River $60
FUEL DISPENSING DEVICE
FIRE Lowell's Auto 4457 University Ave $100
Jeff's Bobby& Steve's 3701 Central Ave $210
Columbia Hts Rental 3901 Central Ave $ 50
Holiday Station Stores 4259 Central Ave $180
CIGARETTE SALES
POLICE 3 Municipal Liquor stores No Fee
Holiday Station Stores 4259 Central Ave $300
MONEY EXCHANGE BUSINESS
STATE SJB Enterprises Inc 4639 Central Ave NE State Fee
45
CITY OF COLUMBIA HEIGHTS
FINANCE DEPARTMENT
COUNCIL MEETING OF: October 28 2013 .
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF COLUMBIA HEIGHTS
Motion: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City
Council has received the list of claims paid covering check number 149819 through
149986 in the amount of$ 618,810.80.
These checks have been examined and found to be legal charges against the CITY OF
COLUMBIA HEIGHTS, and are herby, recommended for payment.
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CITY COUNCIL LETTER
Meeting of October 28, 2013
AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY
Hearings Fire MANAGER
NO: APPROVAL
ITEM: Adopt Resolution For BY: Gary Gorman BY:
Revocation
DATE: October 24, 2013 DATE:
NO: 2013-95 to 2013-97
Revocation of the license to operate a rental unit within the City of Columbia Heights is
requested against rental properties at
2013-95—4518-20 Fillmore Street
2013-96—4030 Quincy Street
2013-97 —4056-58 5t' 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 2013-95, 2013-96, and 2013-97 being ample copies available to the
public.
RECOMMENDED MOTION: Move to adopt Resolution Numbers 2013-95, 2013-96, and
2013-97 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:
54
RESOLUTION 2013-95
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 Abel Hakim Ahmed (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 4518-20
Fillmore Street N.E. Columbia Heights, Minnesota,
Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written
notice setting forth the causes and reasons for the proposed Council action contained
herein was given to the License Holder on September 17, 2013 of an public hearing to be
held on October 28, 2013.
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 31, 2013 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 September 17, 2013 inspectors for the City of Columbia Heights
performed a reinspection and noted that violations remained uncorrected. A
statement of cause was mailed via regular mail to the owner at the address listed
on the rental housing license application.
3. That on October 8, 2013 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 repair hole in wall-upstairs bedroom. Sand/prime/paint.
b. Shall install a smoke detector upstairs. A working smoke detector must be
located on each level of the structure .
c. Shall repair/replace loose door knob on upstairs bedroom.
d. Shall repair any/all holes in sheet rock/walls through out entire unit.
e. Shall tighten any/all loose door knobs throughout unit.
f. Shall install door closer on front door.
g. Shall repair/adjust kitchen cabinets to close properly.
h. Shall repair/replace the screen(s) on the building .
i. Shall scrape&paint trim around all windows/entire building.
j. Shall replace missing window shutter- front, 2nd level.
k. Shall Repair/Replace rotting window on south side of building.
1. Shall Repair/replace glass in south side window - falling out.
m. Shall Repair/Replace rotted window sill -West side, 2nd floor.
55
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 F12882 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 28`h day of October 2013
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Tori Leonhardt
City Clerk/Council Secretary
56
RESOLUTION 2013-96
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 Walter Azizi (Hereinafter "License Holder"),
Whereas, license holder is the legal owner of the real property located at 4030 Quincy
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 September 24, 2013 of a public hearing to be
held on October 28, 2013.
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 16, 2013 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 September 24, 2013 inspectors for the City of Columbia Heights
performed a reinspection and noted that violations remained uncorrected. A
statement of cause was mailed via regular mail to the owner at the address listed
on the rental housing license application.
3. That on October 9, 2013 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 repair/replace damaged fence in front.
b. Shall install hand railing on front steps.
c. Failure to submit renewal rental license application and fees.
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 F 12290 is hereby revoked.
57
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 28th day of October 2013
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Tori Leonhardt
City Clerk/Council Secretary
58
RESOLUTION 2013-97
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 Anthony Brown(Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 4056-58 5`h
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 September 11, 2013 of an public hearing to be
held on October 28, 2013.
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 15, 2013 inspection office staff sent a letter requesting the
owner of the property to renew the rental license for this property. The letter was
mailed by regular mail to the owner at the address listed in the property records.
2. That on September 11, 2013 inspection office staff reviewed the property file and
noted that the property remained unlicensed. A Statement of Cause was mailed
by regular mail to the owner at the address listed in the property records.
3. That based upon said records of the Enforcement Office, the following conditions
and violations of the City's Residential Maintenance Code were found to exist, to-
wit:
a. Failure to submit renewal rental license application and fees.
4. That all parties, including the License Holder and any occupants or tenants, have
been given the appropriate notice of this hearing according to the provisions of
the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified
by license number F12187 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.
59
Passed this 28th day of October 2013
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Tori Leonhardt
City Clerk/Council Secretary
60
CITY COUNCIL LETTER
Meeting of October 28, 2013
AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY
Hearings Fire MANAGER
NO: APPROVAL
ITEM: Adopt Resolution For BY: Gary Gorman BY:
Abatement
DATE: October 24, 2013 DATE:
NO: 2013-90 to 2013-93
Declaration of a nuisance and abatement of violations within the City of Columbia
Heights is requested regarding properties at
2013-90— 1312 44t'Avenue N.E.
2013-91 —4217 Central Avenue N.E.
2013-92—4811 Central Avenue N.E.
2013-93 — 1635 49`h Avenue N.E.
for failure to meet the requirements of the Residential Maintenance Code.
RECOMMENDED MOTION: Move to close the public hearing and to waive the
reading of Resolution Numbers 2013-90, 2013-91, 2013-92 and 2013-93 there being
ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution Numbers 2013-90, 2013-
91, 2013-92 and 2013-93 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:
61
RESOLUTION 2013-90
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 Leslie Milligan (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 1312 44`h Avenue
N.E., Columbia Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via regular mail to the owner of record on September 9, 2013.
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 9, 2013 an inspection was conducted on the property listed above.
Inspectors found violations. A compliance order was sent via regular mail to the owner at
the address.
2. That on September 9, 2013 inspectors re-inspected the property listed above. Inspectors
noted that violations remained uncorrected. A compliance order and statement of cause was
mailed via regular mail to the owner listed in the property records.
3. That on October 14, 2013 inspectors re-inspected the property and found that violations
remained uncorrected.
4. That based upon said records of the Fire Department,the following conditions and violations
of City Codes(s)were found to exist, to wit:
A. Shall maintain pool in a healthy, safe and sanitary condition. Per Property
Maintenance Code: 5A.202(r).
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 1312 44th Avenue N.E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record,occupant,
or tenant, as the case may be, have expired, or such rights have been exercised and
62
completed.
ORDER OF COUNCIL
1. The property located at 1312 44`h Avenue N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
Passed this day of 2013
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Tori Leonhardt
City Clerk/Council Secretary
63
RESOLUTION 2013-91
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 Steven A Boyd (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4217 Central
Avenue N.E., Columbia Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article 11, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was
sent via regular mail to the owner of record on September 19, 2013.
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 12, 2013 an inspection was conducted on the property listed above.
Inspectors found violations. A compliance order was sent via regular mail to the owner
at the address.
2. That on September 19, 2013 inspectors re-inspected the property listed above. Inspectors
noted that violations remained uncorrected. A compliance order and statement of cause
was mailed via regular mail to the owner listed in the property records.
3. That on October 16, 2013 inspectors re-inspected the property and found that violations
remained uncorrected.
4. That based upon said records of the Fire Department, the following conditions and
violations of City Codes(s)were found to exist, to wit:
A. Shall scrape&paint house&trim.
B. Shall repair/replace any/all broken siding.
C. Shall repair/replace broken hand rail on rear stairs.
D. Shall repair/replace the screen(s) on the building.
E. Shall replace missing boards in fence on south side.
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 4217 Central Avenue N.E. is in violation of the provisions of
the Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this
hearing, and any other hearings relevant to the abatement of violations on the property
64
listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record,
occupant, or tenant, as the case may be, have expired, or such rights have been exercised
and completed.
ORDER OF COUNCIL
1. The property located at 4217 Central Avenue N.E. constitutes a nuisance pursuant to City
Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
Passed this 28`h day of October 2013
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Tori Leonhardt
City Clerk/Council Secretary
65
RESOLUTION 2013-92
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 Gould Investors, LP (Hereinafter"Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 4811 Central
Avenue N.E., Columbia Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was
sent via regular mail to the owner of record on September 17, 2013.
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 15, 2013 an inspection was conducted on the property listed above.
Inspectors found violations. A compliance order was sent via regular mail to the owner
at the address.
2. That on September 17, 2013 inspectors re-inspected the property listed above. Inspectors
noted that violations remained uncorrected. A compliance order and statement of cause
was mailed via regular mail to the owner listed in the property records.
3. That on October 17, 2013 inspectors re-inspected the property and found that violations
remained uncorrected.
4. That based upon said records of the Fire Department, the following conditions and
violations of City Codes(s) were found to exist, to wit:
A. Shall repair/replace front parking lot.
B. Shall contact Public Works department to raise curb stop.
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 4811 Central Avenue N.E. is in violation of the provisions of
the Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this
hearing, and any other hearings relevant to the abatement of violations on the property
listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record,
66
occupant, or tenant, as the case may be, have expired, or such rights have been exercised
and completed.
ORDER OF COUNCIL
1. The property located at 4811 Central Avenue N.E. constitutes a nuisance pursuant to City
Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
Passed this 28th day of October 2013
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Tori Leonhardt
City Clerk/Council Secretary
67
RESOLUTION 2013-93
Resolution of the City Council for the City of Columbia Heights declaring the property a
nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article 11, of
City Code, of the property owned by Abdi O Erbob (Hereinafter "Owner of Record").
Whereas, the owner of record is the legal owner of the real property located at 1635 49th Avenue
N.E., Columbia Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was
sent via regular mail to the owner of record on October 7, 2013.
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 4, 2013 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 7, 2013 inspectors re-inspected the property listed above. Inspectors
noted that violations remained uncorrected. A compliance order and statement of cause
was mailed via regular mail to the owner listed in the property records.
3. That on October 15, 2013 inspectors re-inspected the property and found that violations
remained uncorrected.
4. That based upon said records of the Fire Department, the following conditions and
violations of City Codes(s)were found to exist, to wit:
A. Repair damaged light post in front yard.
B. Repair broken window in front.
C. Repair damaged screens upper level,west side above 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 1635 49th Avenue N.E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this
hearing, and any other hearings relevant to the abatement of violations on the property
listed above.
68
3. That all applicable rights and periods of appeal as relating to the owner of record,
occupant, or tenant, as the case may be, have expired, or such rights have been exercised
and completed.
ORDER OF COUNCIL
1. The property located at 1635 49th Avenue N.E. constitutes a nuisance pursuant to City
Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
Passed this 28th day of October 2013
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Tori Leonhardt
City Clerk/Council Secretary
69
COLUMBIA HEIGHTS- CITY COUNCIL LETTER
Meeting of: October 28, 2013
AGENDA SECTION: Items for ORIGINATING DEPARTMENT: CITY MANAGER'S
Consideration CITY MANAGER APPROVAL
NO:
ITEM: Establishment of Public Art BY: Walt Fehst BY:
Commission DATE: October 24, 2013 DATE:
NO:
Establishment of Public Arts Commission(PAC) in the City of Columbia Heights.
Background: At the April 22, 2013 City Council meeting, the Mayor and City Council discussed the
establishment of a Columbia Heights Arts Commission. Both the MN Statue and City Charter allow for
the establishment of just such a commission. The City Manager was asked to research commissions in
other cities and bring back a proposed ordinance for consideration.
The attached Ordinance 1613 was brought to the September 23, 2013 City Council Meeting for a first
reading and to the October 14, 2013 City Council meeting for the second reading. At the October 14,
2013 meeting there were two amendments that were proposed to the ordinance to section E in regards to
the majority of commission members being residents and what the definition of a non-resident means.
There is no proposed budget, however, the idea of matching funds for grants or"seed money"for art
projects is available for discussion through the normal budget process.
Recommended Motion: Consider the attached Ordinance for the establishment of the Columbia Heights
Public Arts Commission
Ordinance 1613 attached.
COUNCIL ACTION:
70
ORDINANCE NO. 1613
BEING AN ORDINANCE ESTABLISHING PUBLIC ARTS COMMISSION WITHIN
THE CITY OF COLUMBIA HEIGHTS
The City of Columbia Heights does ordain:
Chapter 3, Article III, Section 3.314 of the Columbia Heights City Code, is proposed to
include the following additions and deletions:
§ 3.314 PUBLIC ARTS COMMISSION
(A)Establishment
(1)A Public Arts Commission is hereby established.
(B)Definition
For the purposes of this Ordinance, Public Art is hereby defined as:
(1) Within Commercial Zoning Districts, physical artwork which is viewable
by the general public, whether on public or private land or buildings,
whether owned by an individual, legal business entity of the City of
Columbia Heights.
(2) Physical artwork which is viewable by the general public installed on
land owned by the City of Columbia Heights.
(C)Statement of Purpose
The purpose of this ordinance is to encourage the display of public art in the
City of Columbia Heights and to provide a mechanism for the inclusion of
public art and memorial structures throughout the city primarily in parks and
open spaces. Public art can play a vital role in transforming the community.
(1) Generating Economic Impact
(a) Attracting new audiences
(b) Supporting marketing efforts
(c) Attracting media attention
(d) Returning dollars to local economy for fabrication and installation
(e) Enhancing cultural tourism in our area
(2) Establishing Unique Identity
(a) Giving character to a setting
(b) Representing the history and importance of a place
(c) Creating an iconic image for future generations
(d) Physically represent our values or aesthetic
(3) Building Community, Creating Civic Pride
(a) Engaging local stakeholders in planning, design, and execution
(b) Encouraging community to participate in creating their own public
spaces
(c) Demonstrating the strengths of a community
(d) Empowering individuals who don't usually have a role in decision-
making
66
71
(4) Supporting Great Art
(a) Setting the bar for cultural developments
(b) Demonstrating aesthetic sophistication
(c) Attracting artists/activity to our neighborhoods
(D)Purpose, Values, and Goals
The mission of Columbia Height's Public Art Commission (PAC) is to help
enrich the lives of the citizens of, and visitors to, Columbia Heights by
strategically integrating public art into City planning, services, design and
infrastructure. The following values and goals shall guide the City in making
decisions regarding public art. City Departments,project committees,panels, the
Columbia Heights Public Arts Commission, and other interpreters of these goals
and values should apply them as appropriate to each project, artist and affected
neighborhoods. Review criteria for all policy areas of public art shall be based
on these values and goals.
(1) Encourage excellence in the city's visual design and public arts:
(a) Enhance the aesthetic environment of public places within the City
through engaging, unique, and high quality public artworks
(b) Insure consideration of aesthetic issues in local decision making
(c) Recruitment of qualified artists
(2) Strengthen community identity, place, and assets:
(a) Build awareness of community history, cultures, landscape and the
"Minnesota Hometown" image
(b) Develop artworks that are integrated into City building and
streetscape/development projects and are compatible with their
settings
(c) Encourage building architecture to be consistent with the character of
the area and history of the City
(d) Build Columbia Heights to be recognized as a regional cultural center
(3) Contribute to Columbia Heights's health and vitality:
(a) Promote Columbia Heights as a community that provides its citizens
with a high quality of life
(b) Invite visitors to Columbia Heights as a popular art destination
(c) Develop mechanisms for encouraging partnerships with and among
the City's neighborhoods, commercial areas, and City's
cultural/heritage organizations
(d) Provide places for art (lakes, parks, gardens, architecture, facilities,
streetscapes, trails, roadways, and art-related enterprises)
(e) Promote working space for artists
(f) Develop and maintain safe artworks
(4) Involve a broad range of people and communities:
(a) Enable opportunities for all citizens, neighborhoods, and
organizations to participate in the planning, creation, and equal access
to the cultural experiences and artworks
(b) Preserve and celebrate the City's diversities of neighborhoods,
ethnicity, race, age, religion, and gender
67
72
(c) Provide pedestrian-friendly neighborhoods
(5) Value artists and artistic processes:
(a) Provide a range of creative opportunities for artists with varying
degrees of experience
(b) Ensure the ongoing integrity of artworks and respect the creative
rights of artists
(c) Involve artists directly in the concept, design, and creation of
artworks
(6) Use resources wisely:
(a) Develop and manage projects in a cost-effective manner
(b) Use City funds to leverage private investment in public art and use
public art to leverage private investments in other City ventures
(c) Secure and utilize the various funding sources available for public art
programs
(E)Responsibility and Auth07-ity
(1) The commission serves as an advisory to the City Council.
(2) The commission does not require its own By-laws.
(3) The Mayor appoints and the Council ratifies.
(4) The PAC shall be comprised of 5-7 members serving on terms of 3-6
years with no more than two consecutive. It is recommended to stagger
member terms.
(5) Commission officers include: Chair, Vice Chair, and Secretary.
(6) Residency is not required to serve on commission.
(7) The majority of commission members must be residents of Columbia
Heights in any given year.
(8) Non-residents serving on commission should be individuals that have
connections to the City of Columbia Heights by either working or owning
a business within the City limits, have gone to school in Columbia
Heights or have family members still living in Columbia Heights.
73
This ordinance shall be in full force and effect from and after 30 days after its passage.
First Reading: October 14, 2013
Second Reading: October 28, 2013
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Tori Leonhardt
City Clerk/Council Secretary
74