HomeMy WebLinkAbout10/27/2014 Regular MeetingCITY OF COLUMBIA HEIGHTS
590 40th Avenue NE, Columbia Heights, DIN 55421 -3578 (763)706 -3600 TDD (763) 706 -3692
Visit our website at: www.ci.columbia- heightsmn.us
Mayor
Gard, L. Peterson
Councilm embers
Robert A. Williams
Bruce Nawrocki
Tammera Diehm
Donna Schmitt
City Manager
Walter R. Fehst
The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on
Monday October 27, 2014 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia
Heights, Minnesota.
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)
LCALL TO ORDER
2.ROLL CALL
1INVOCATION
Invocation provided by Bob Lyndes, Crest View Senior Community
4.PLEDGE OF ALLEGIANCE
5.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.)
6.PROCLAMATIONS PRESENTATIONS RECOGNITION ANNOUNCEMENTS GUESTS
7.CONSENT AGENDA
(These items are considered to be routine by the City Council and will be enacted as part of the
Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as
the next order of business.)
A. Approve Minutes of the City Council Pg. 5
MOTION: Move to approve the minutes of the City Council meeting of October 13, 2014.
B. Approval of the attached list of rental housing licenses pg. 13
MOTION: Move to approve the items listed for rental housing license applications for October
27, 2014 in that they have met the requirements of the Property Maintenance Code
City Council Agenda
Monday October 27, 2014
Page 2 of 4
C. Consideration of awarding contract for 2014 Miscellaneous Concrete Repairs and Pg 24
Installations to Specktacular Companies
MOTION: Move to award the 2014 Miscellaneous Concrete Repairs and Installations, City
Project No. 1400, to Specktacular Companies, based upon their low, qualified, responsible bid in
the amount of $21,066.50 from Fund 415 -51400 -4000; and, furthermore, to authorize the
Mayor and City Manager to enter into a contract for up to 34,248.10.
D. Consideration of final compensating change order and accept the work for 2014 Miscellaneous Pg. 25
Utility Repairs and Installations authorize final payment to Interstate Removal Company.
MOTION: Move to approve the final compensating change order and accept the work for 2014
Miscellaneous Utility Repairs and Installations, City Project No. 1411, and authorize final
payment of $8,794.34 to Interstate Removal Company of Forest Lake, Minnesota.
E. Acceptance of the work for Demolition and Site Preparation at 3919 Central Avenue and Pg. 28
authorize final payment to All Metro Excavating, Inc of Minneapolis Minnesota
MOTION: Move to accept the work for Demolition and Site Preparation at 3919 Central
Avenue, City Project No. 1314, and authorize final payment of $11,189.76 to All Metro
Excavating, Inc. of Minneapolis, Minnesota.
F. Consideration of Resolution ordering preparation of a feasibility report for Zone 1 Street pg. 30
Rehabilitation.
MOTION: Move to waive the reading of Resolution 2014 -75, there being ample copies
available for the public.
MOTION: Move to adopt Resolution 2014 -75, being a Resolution ordering preparation of a
feasibility report for Zone 1 Street Rehabilitation.
G. Consideration of Resolution ordering preparation of a report for the Zone 7A Street Seal Coat
Program, City Project No. 1301 pg. 32
MOTION: Move to waive the reading of Resolution 2014 -76, there being ample copies
available for the public.
MOTION: Move to adopt Resolution 2014 -76, being a Resolution ordering preparation of a
report for the Zone 7A Street Seal Coat Program, City Project No. 1301.
H. Consideration of cancelling the City Council meeting scheduled for December 22 2014. pg. 35
MOTION: Move to waive the reading of Resolution No. 2014 -78, there being ample copies
available to the public.
MOTION: Move to adopt Resolution 2014 -78, being a Resolution canceling the second
meeting in December, scheduled for December 22, 2014.
City Council Agenda
Monday October 27, 2014
Page 3 of 4
I. Approve Business License Applications pg. 37
MOTION: Move to approve the items as listed on the business license agenda for March 24,
2014, as presented.
J. Payment of Bills
MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8, the City Council Pg. 39
has received the list of claims paid covering check number 154244 through 154418 in the
amount of $502,947.09.
MOTION: Move to approve the Consent Agenda items.
8. PUBLIC HEARINGS P 47
A. Hearing to dispute Nuisance Calls for Service Fee; 723 38th Ave NE g
MOTION: Move to uphold the $608.99 Nuisance Call for Service Fee imposed on Holly
Reinke, owner of 723 38th Avenue NE.
2014 -74:
3 38TH
within the City of Columbia Heights.
violations
MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers
2014 -72, 2014 -73 and 2014 -74 there being ample copies available to the public.
MOTION: Move to adopt Resolution Numbers 2014 -72, 2014 -73 and 2014 -74 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.
Pg. 52
C. Adopt Resolution 2014 -77, 4427 -4429 Main Street N.E., being a Resolution of the City_ Pg. 59
Council of the City of Columbia Heights approving rental license revocation for failure to
meet the requirements of the Property Maintenance Codes.
MOTION: Move to close the public hearing and to waive the reading of Resolution Number
2014 -77, being ample copies available to the public.
MOTION: Move to adopt Resolution Number 2014 -77, being a Resolution of the City
Council of the City of Columbia Heights approving revocation pursuant to City Code,
Chapter 5A, Article IV, Section 5A.408(A) of the rental license listed.
D. Adopt Resolution 2014 -79, 4329 Main Street NE being declarations of nuisance and Pg. 62
emergency abatement of violations within the City of Columbia Heights.
MOTION: Move to close the public hearing and to waive the reading of Resolution 2014 -79,
there being ample copies available to the public.
MOTION: Move to adopt Resolution Number 2014 -79, being resolution of the City Council
of the City of Columbia Heights declaring the property listed a nuisance and approving the
emergency abatement of violations from the property pursuant to City Code section 8.206.
City Council Agenda
Monday October 27, 2014
Page 4 of 4
E. Ordinance No. 1616 Tobacco License Pg. 64
MOTION: Move to waive the reading there being ample copies available to the public.
MOTION: Move to approve the ordinance upon second reading.
9. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
B. Bid Considerations
C. New Business and Reports
10. ADMINISTRATIVE REPORTS
Report of the City Manager
Report of the City Attorney
11. 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.
12. ADJOURNMENT
Walt Fehst, City Manager
OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
OCTOBER 13, 2014
THE FOLLOWING ARE THE MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL HELD AT 7:00 PM ON
MONDAY OCTOBER 13, 2014 IN THE CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH AVENUE N.E.,
COLUMBIA HEIGHTS, MINNESOTA
LCALL TO ORDER
Mayor Peterson called the meeting to order at 7:00 pm.
2.ROLL CALL
Present: Councilmembers Schmitt, Diehm, Nawrocki, Mayor Peterson
Also Present: Walt Fehst, City Manager; Jim Hoeft, City Attorney; Joe Hogeboom, Community
Development Director; Loren Wickham, Assistant Community Development Director; Katie Bruno,
Council Secretary.
3.INVOCATION
Invocation provided by Bill Hugo, St. Matthew Lutheran Church
4.PLEDGE OF ALLEGIANCE
Recited
5.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.)
6.PROCLAMATIONS PRESENTATIONS RECOGNITION ANNOUNCEMENTS GUESTS
A. Proclamation for Polish American Heritage Month
Mayor Peterson read a proclamation for Polish American Heritage Month. Dolores Strand gratefully
received the proclamation, and thanked the City Council for their support of the Sister Cities
organization.
7.CONSENT AGENDA
(These items are considered to be routine by the City Council and will be enacted as part of the
Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the
next order of business.)
A. Approve Minutes of the City Council
MOTION: Move to approve the minutes of the City Council meeting of September 22,
2014.
MOTION: Move to approve the minutes of the Council worksession of September 29, 2014.
MOTION: Move to approve the minutes of the Assessment Hearings from October 6, 2014.
MOTION: Move to approve the minutes of the City Council worksession of October 6, 2014
Page 2 of 8
B. Accept Board and Commission Meeting Minutes
MOTION: Move to accept the Library Board minutes of September 3, 2014.
MOTION: Move to accept the Public Arts Commission minutes of September 2, 2014.
MOTION: Move to accept the Public Arts Commission minutes of August 6, 2014.
C. Approval of Gambling Permit for Immaculate Conception Church for
Bingo /Raffle events on November 16 2014 and March 15 2015
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 and a raffle at their Bingo event being held November 16, 2014 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.
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 and a raffle at their Bingo event being held March 15, 2015 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
D. Approve transfer of funds for AHDTF Overtime Grant Reimbursement Traffic
Details for CH Schools Detox Transports TZD Grant reimbursement for officer
appearances at civil trial from General Fund to Police Department line items
MOTION: Move to transfer of the following from the General Fund to the Police
Department:
2014 Budget: The $2,000 received as AHDTF overtime, and the $4,460.00
received from School District #13 for traffic enforcement details, and the $660
received for detox transports, and the $1,107.76 received as reimbursement under
the Safe and Sober grant (TZD), and the $612 received for officer appearances at
civil trials be transferred to line item 1020, Overtime. This total is $8,839.76.
E. Approve Business License Applications
MOTION: Move to approve the items as listed on the business license agenda for
October 13, 2014, as presented.
F. 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 153979 through
154243 in the amount of $1,010,490.32.
Motion by Councilmember Diehm, seconded by Councilmember Schmitt to approve the Consent
Agenda items. All Ayes.
8. PUBLIC HEARINGS
1. Ordinance No. 1616 Tobacco License
Director of Community Development Joe Hogeboom provided background information
on the item, noting that on April 14, 2014 the city council adopted Emergency Ordinance No.
Page 3 of 8
1614 Tobacco License Moratorium. The 6 month moratorium is set to expire in October.
Assistant Director of Community Development Loren Wickham reported the following changes
to the tobacco licensing requirements are proposed:
• Reducing the number of licenses from 5 to 4.
• Prohibiting indoor sampling of tobacco products effective January 1, 2016.
• Treating the sale of electronic cigarettes (e- cigarettes) the same as regular cigarettes for
compliance.
Staff surveyed area cities to see how they handle indoor sampling of tobacco products, the
following cities prohibit indoor sampling of products; St. Anthony, New Brighton, Fridley,
Hilltop, Savage and Minneapolis.
All current license holders and property holders were notified of the public hearing and proposed
changes to the tobacco licensing requirements. The January 1, 2016 sunset clause gives current
license holders time to prepare for the changes and bring their business into compliance.
Councilmember Nawrocki questioned if the proposed ordinance will prohibit smoking in the
establishments. Director Hogeboom clarified the ordinance would prohibit indoor sampling in
any new establishments, while permitting it in any current establishments until January 1, 2016.
Director Hogeboom explained that the City would follow the State's requirements relating to e
cigarettes. Mayor Peterson questioned if e- cigarettes contain nicotine. Director Hogeboom
explained the nicotine levels are varied.
Mayor Peterson expressed concern with imposing limitations in hookah lounges, as patrons
choose whether or not to visit the establishments.
Councilmember Diehm stated she would like the City to comply with the State's law. Director
Hogeboom agreed; noting that we would like the City's ordinance to mirror the State's "Freedom
to Breathe Act." Councilmember Diehm explained that tobaccos shops will not be required to
close, they will however not be able to permit sampling or any kind of indoor smoking.
Alex Bajwa, representing Hookah Kingdom commented that he was unaware the ordinance
addressed sampling as well as smoke shop issues. Mr. Bajwa requested council allow additional
time for stakeholders to provide input. Councilmember Nawrocki reminded Mr. Bajwa that this
is the first reading of the ordinance, and they can return to the October 27th meeting.
Alicia Leizinger, representing the Association for Nonsmokers -MN explained their organization
works towards youth tobacco prevention efforts. Ms. Leizinger explained the liquid mixture used
in electronic cigarettes is often referee toe juice. Ms. Leizinger reported that the e juice contains
a mix of chemicals; including nicotine. Data was shared regarding the increase of calls to poison
control centers regarding nicotine poisoning in children. It was reported that over 30 metropolitan
cities have adopted ordinances imposing restrictions on the use of e- cigarettes.
Bilal Alkatout from Wellshare International spoke to the council regarding the increase in hookah
smoking amongst youth in the Twin Cities, as well as the misconceptions associated with the
smoking of hookah.
Ramona Anderson 4132 Stinson expressed her disagreement with the ordinance, stating she feels
the council is interfering with the rights of business owners in the community. Ms. Anderson
commented that there are many harmful choices available to the public, and individuals are
responsible to make their own choices.
Councilmember Diehm stated that she supports the recommendation brought by staff.
Motion by Councilmember Diehm, seconded by Councilmember Nawrocki to waive the
reading there being ample copies available to the public. All Ayes.
Motion by Councilmember Diehm, seconded by Councilmember Nawrocki to approve the
ordinance upon first reading and set the second reading for Monday October 27, 2014 at
Page 4 of 8
approximately 7 :06pm in the City Council Chambers. All Ayes.
9. ITEMS FOR CONSIDERATION
1. Application for Transit Oriented Development Funding for NE Business Center Project
Community Development Director Joe Hogeboom explained that on September 2, 2014, The
Economic Development Authority endorsed a plan by presented by the Schuett Companies, Inc.
to develop approximately 80 units of affordable senior housing at the Northeast Business
Center, located at 3989 Central Avenue NE. Staff, working in collaboration with the Schuett
Companies, would like to seek TOD funding for predevelopment work related to the
repurposing floors two through six of the Northeast Business Center to affordable senior
housing. The deadline to submit applications for the current round of TOD site investigation
and predevelopment funding is November 3, 2014. As with the prior TOD funding request, a
resolution from the City is required to be submitted to the Metropolitan Council. For this
application, staff would like to seek $100,000, which is the maximum amount available for this
funding cycle.
Councilmember Nawrocki stated that he is not in support of the project, as it takes away a large
part of the commercial property in the City.
Mayor Peterson questioned if the first floor will remain commercial. Director Hogeboom
confirmed that it would be required that the first floor remain commercial.
Motion by Schmitt, seconded by Mayor Peterson to waive the reading of Resolution No. 014-
70, there being ample copies available to the public. 2 Ayes, I Nay, I Abstention. Motion
Carried. Ayes: Peterson, Schmitt, Nay: Nawrocki, Abstention: Diehm
Motion by Schmitt, seconded by Mayor Peterson to adopt Resolution No. 2014 -70, being a
resolution identifying the need for Livable Communities Transit Oriented Development
Funding and authorizing an application for grantfunds. 2 Ayes, I Nay, I Abstention. Motion
Carried. Ayes: Peterson, Schmitt, Nay: Nawrocki, Abstention: Diehm
10. ADMINISTRATIVE REPORTS
Councilmember Nawrocki reported he has material available for review that he received from
the League of Minnesota Cities Fiscal Futures Committee.
Councilmember Nawrocki requested an update regarding the vacancy on the Parks & Recreation
Commission. City Manager Fehst reported we will advertise the vacancy.
Councilmember Nawrocki requested an update on 666 40th Ave. Director Hogeboom stated that
the City had planned to declare the property a hazardous structure. We were informed by the
Attorney for the property that there is an issue with the title. The property owner will have the
title issued corrected by December 1, 2014.
Manager Fehst reported that a bid will be awarded to a contractor for the completion of the
Ostrander Park project.
Councilmember Nawrocki asked about the cost associated with the recent informational postcard
sent out regarding the library referendum. Assistant Director Wickham stated the total cost was
approximately $3,000 for printing and postage.
Councilmember Nawrocki expressed concern with the publication of a 3.25% property tax
increase. Manager Fehst explained that the 3.25% levy increase is what will be certified to the
County.
Page 5 of 8
11. CITIZENS FORUM
Jeff Diehm, 5125 St, Moritz Dr. representing the Vote Yes for the Kids provided an overview on
the two ballot questions submitted by the School Board.
Mayor Peterson encouraged all to remember our servicemen and women, and to consider doing a
random act of kindness.
12. ADJOURNMENT
Meeting adjourned at 8:26 p.m.
Respectively Submitted
Katie Bruno, City Clerk
ORDINANCE NO. 1616
BEING AN ORDINANCE AMENDING ORDINANCE NO. 1570, CITY CODE OF 2009 RELATING
TO THE USE OF TOBACCO LICENSE REQUIREMENTS WITHIN THE CITY OF COLUMBIA
HEIGHTS
The City of Columbia Heights does ordain:
Chapter 5, Article III, Section 5.301 of the Columbia Heights City Code, which currently reads to wit:
§ 5.301 PURPOSE AND INTENT.
Because the city recognizes that many persons under the age of 18 years purchase or otherwise obtain,
possess and use tobacco, tobacco products, and tobacco related devices, and such sales, possession, and
use are violations of both state and federal laws; and because studies, which the city hereby accepts and
adopts, have shown that most smokers begin smoking before they have reached the age of 18 years and
that those persons who reach the age of 18 years without having started smoking are significantly less
likely to begin smoking; and because smoking has been shown to be the cause of several serious health
problems which subsequently place a financial burden on all levels of government; this article shall be
intended to regulate the sale, possession and use of tobacco, tobacco products, and tobacco related
devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious
effects associated with the illegal use of tobacco, tobacco products, and tobacco related devices and to
further the official public policy of the state in regard to preventing young people from starting to smoke
as stated in M.S. § 144.391, as it may be amended from time to time.
(Ord. 1371, passed 5- 11 -98)
Is thereby amended to read as follows:
§ 5.301 PURPOSE AND INTENT.
Because the city recognizes that many persons under the age of 18 years purchase or otherwise obtain,
possess and use tobacco, tobacco products, tobacco related devices, electronic cigarette devices, and
such sales, possession, and use are violations of both state and federal laws; and because studies, which
the city hereby accepts and adopts, have shown that most smokers begin smoking before they have
Page 6 of 8
reached the age of 18 years and that those persons who reach the age of 18 years without having started
smoking are significantly less likely to begin smoking; and because smoking has been shown to be the
cause of several serious health problems which subsequently place a financial burden on all levels of
government; this article shall be intended to regulate the sale, possession and use of tobacco, tobacco
products, tobacco related devices and electronic cigarette devices for the purpose of enforcing and
furthering existing laws, to protect minors against the serious effects associated with the illegal use of
tobacco, tobacco products, tobacco related devices and electronic cigarette devices and to further the
official public policy of the state in regard to preventing young people from starting to smoke as stated
in M.S. § 144.391, as it may be amended from time to time.
(Ord. 1371, passed 5- 11 -98)
Chapter 5, Article III, Section 5.302 of the Columbia Heights City Code, which currently reads to wit:
§ 5.302 DEFINITIONS.
Except as may otherwise be provided or clearly implied by context, all terms shall be given their
commonly accepted definitions. For the purpose of this article, the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
COMPLIANCE CHECKS. The system the city uses to investigate and ensure that those authorized to
sell tobacco, tobacco products, and tobacco related devices are following and complying with the
requirements of this article. Compliance checks, shall involve the use of minors as authorized by this
article. Compliance checks shall also mean the use of minors who attempt to purchase tobacco, tobacco
products, or tobacco related devices for educational, research and training purposes as authorized by
state and federal laws. Compliance checks may also be conducted by other units of government for the
purpose of enforcing appropriate federal, state or local laws and regulations relating to tobacco, tobacco
products, and tobacco related devices.
SAMPLING, TOBACCO. The lighting, inhalation, or combination thereof of tobacco, tobacco
paraphernalia, or tobacco- related products for the purpose of testing a tobacco product prior to the sale
of such product.
TOBACCO or TOBACCO PRODUCTS. Any substance or item containing tobacco leaf, including but
not limited to cigarettes, cigars, pipe tobacco, snuff, fine cut or other chewing tobacco, cheroots, stogies,
perique, granulated, plug cut, crimp cut, ready - rubbed, and other smoking tobacco, snuff flowers,
cavendish, shorts, plug and twist tobaccos, dipping tobaccos, refuse scraps, clippings, cuttings, and
sweepings of tobacco, and other kinds and forms of tobacco leaf prepared in such manner as to be
suitable for chewing, sniffing or smoking.
Is thereby amended to read as follows:
§ 5.302 DEFINITIONS.
Except as may otherwise be provided or clearly implied by context, all terms shall be given their
commonly accepted definitions. For the purpose of this article, the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
COMPLIANCE CHECKS. The system the city uses to investigate and ensure that those authorized to
sell tobacco, tobacco products, tobacco related devices and electronic cigarette devices are following
and complying with the requirements of this article. Compliance checks shall involve the use of minors
as authorized by this article. Compliance checks shall also mean the use of minors who attempt to
purchase tobacco, tobacco products, or tobacco related devices and electronic cigarette devices for
educational, research and training purposes as authorized by state and federal laws. Compliance checks
may also be conducted by other units of government for the purpose of enforcing appropriate federal,
state or local laws and regulations relating to tobacco, tobacco products, and tobacco related devices.
SAMPLING, TOBACCO. The lighting, inhalation, or combination thereof of tobacco, tobacco
paraphernalia, of tobacco - related products, or electronic cigarette devices for the purpose of testing a
tobacco, smoking or vaping a product prior to the sale of such product. Sampling shall be restricted to
10
Page 7 of 8
outdoor areas. As of January 1, 2016, no Sampling shall be permitted within a building at any time.
TOBACCO or TOBACCO PRODUCTS. Any substance or item containing tobacco leaf, including but
not limited to cigarettes, cigars, pipe tobacco, snuff, fine cut or other chewing tobacco, cheroots, stogies,
perique, granulated, plug cut, crimp cut, ready - rubbed, and other smoking tobacco, snuff flowers,
cavendish, shorts, plug and twist tobaccos, dipping tobaccos, refuse scraps, clippings, cuttings, and
sweepings of tobacco, and other kinds and forms of tobacco leaf prepared in such manner as to be
suitable for chewing, sniffing or smoking. Tobacco products shall also refer to electronic cigarettes,
vapor devices and related products.
Chapter 5, Article III, Section 5.303 of the Columbia Heights City Code, which currently reads to wit:
§ 5.303 LICENSES.
(B) Smoke shop license. No person shall operate a smoke shop without first having obtained a smoke
shop license to do so from the city. At any given time, there shall be no more than five smoke shops, all
with appropriate licenses, throughout the city. Currently existing smoke shop establishments should be
granted the first preference to renew their smoke shop license if they choose to do so.
Is thereby amended to read as follows:
§ 5.303 LICENSES.
(B) Smoke shop license. No person shall operate a smoke shop without first having obtained a smoke
shop license to do so from the city. At any given time, there shall be no more than four smoke shops, all
with appropriate licenses, throughout the city. Currently existing smoke shop establishments should be
granted the first preference to renew their smoke shop license if they choose to do so. Effective January
1, 2016 indoor sampling for all smoke shops shall be prohibited.
For the purpose of this article, the following definitions shall apply unless the context clearly indicates
or requires a different meaning.
This ordinance shall be in full force and effect from and after 30 days after its passage.
First Reading: October 13, 2014
RESOLUTION NO. 2014-70
RESOLUTION IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES TRANSIT
ORIENTED DEVELOPMENT FUNDING AND AUTHORIZING AN APPLICATION FOR
GRANT FUNDS
WHEREAS the City of Columbia Heights ( "City ") is a participant in the Metropolitan Livable
Communities Act ( "LCA ") Local Housing Incentives Program for 2014 as determined by the
Metropolitan Council, and is therefore eligible to apply for LCA Livable Communities
Demonstration Account and Tax Base Revitalization Account Transit Oriented Development
(collectively, "TOD ") funds; and
WHEREAS the City has identified a proposed project within the City that meets TOD purposes
and criteria and is consistent with and promotes the purposes of the Metropolitan Livable
Communities Act and the policies of the Metropolitan Council's adopted metropolitan
development guide; and
a[
Page 8 of 8
WHEREAS the City has the institutional, managerial and financial capability to adequately manage an
LCA -TOD grant; and
WHEREAS the City certifies that it will comply with all applicable laws and regulations as
stated in the grant agreement; and
WHEREAS the City acknowledges TOD grants are intended to fund projects or project components
that can serve as models, examples or prototypes for TOD development or redevelopment
elsewhere in the Region, and therefore represents that the proposed project or key components of
the proposed project can be replicated in other metropolitan -area communities; and
WHEREAS only a limited amount of grant funding is available through the Metropolitan Council's
du
Livable Communities TOD initiative ring each funding cycle and the Metropolitan Council has
determined it is appropriate to allocate those scarce grant funds only to eligible projects that would
not occur without the availability of TOD grant funding.
NOW THEREFORE BE IT RESOLVED that, after appropriate examination and due consideration,
the governing body of the City:
1. Finds that it is in the best interests of the City's development goals and priorities for the
proposed TOD Project to occur at this particular site and at this particular time.
2. Finds that the TOD Project component(s) for which Livable Communities TOD funding
is sought:
(a) will not occur solely through private or other public investment within the
reasonably foreseeable future; and
(b) will occur within the term of the grant award (two years for Pre - Development grants,
and three years for Development grants, one year for Cleanup Site Investigation grants
and three years for Cleanup grants) only if Livable Communities TOD funding is
made available for this project at this time.
3. Authorizes its Community Development Department to submit on behalf of the City an
application for Metropolitan Council Livable Communities TOD grant funds for the
TOD Project component(s) identified in the application, and to execute such
agreements as may be necessary to implement the TOD Project on behalf of the City.
Approved by the City Council of the City of Columbia Heights this 13th Day of October, 2014.
12
CITY COUNCIL LETTER
Meeting of October 27, 2014
AGENDA SECTION: CONSENT
ORIGINATING DEPARTMENT:
CITY
Fire
MANAGER
NO:
APPROVAL
ITEM: Rental Housing
BY: Gary Gorman
BY:
Licenses
NO:
DATE: October 21, 2014
DATE:
Approval of attached list of rental housing applications.
RECOMMENDED MOTION: Move to approve the items listed for rental housing
license applications for October 27, 2014 in that they have met the requirements of the
Property Maintenance Code.
COUNCIL ACTION:
13
Print Rental licenses to approve
11FE COLUMBIA HEIGHTS
by�c z °14
FIRE DEPARTMENT
I MS P E C T I DN D l 1/' I S 100
825 41st Avenue NE *Columbia Heights, MN 55421 • Inspections 763 - 706 -8156 • Fax 763 - 706 -8151. fireinspections @ci.columbia- heights.mn.us
10001 1016 GOULD AVE Sturdy Foundation Investments, LLC F13949
PO Box 12039 $ 150.00
Honolulu, HI 96828
10029 5057 UNIVERSITY AVE Abdel - Kerim, Osama F13848
PO Box 32112 $ 150.00
Fridley, MN 55432
10031 3969 RESERVOIR BLVD MNSF Minneapolis 2 LLC F13966
4064 Colony Rd Ste #420 $ 150.00
Charlotte, NC 28211
10050 3853 LABELLE ST Mitchell, Zachary F13931
1084 Jubert Trail $ 150.00
Medina, MN 55340
10059 4714 7TH ST Alan Chazin Homes Inc F13962
5353 Wayzata Blvd #602 $ 150.00
Minneapolis, MN 55416
10061 4257 6TH ST Kissoon, Jainarain F13960
300 Meander Road $ 150.00
Golden Valley, MN 55422
10063 4721 5TH ST Froiland, Dane F13954
1825 158th Avenue N.W. $ 150.00
Andover, MN 55304
10079 4304 QUINCY ST Wainio, Christine F13718
1028 Jessamine Ave. E. $ 150.00
St. Paul, MN 55106
10080 4510 TAYLOR ST Marler, Gary F13842A
8304 Keokuk Avenue $ 150.00
Winnetka, CA 91306
10085 4542 HEIGHTS DR Kilgore, Gina F13901A
6391 Monroe Street NE $ 150.00
Fridley, MN 55432
10093 4311 ROYCE ST Stauch, Leland F13941
1155 Khyber Lane N.E. $ 150.00
Columbia Heights, MN 55421
10099 4134 7TH ST Warfa, Muhidin F13852
3853 Keyes Street $ 150.00
Columbia Heights, MN 55421
10/17/2014 10:45 14 Page 1
Print Rental Licenses to approve
COLUMBIA by CC 2014
HEIGHTS w)ZM8jPjffG7z0M
FIRE DEPARTMENT
D 1 YI S I OH
825 41st Avenue NE a Columbia Heights, MN 55421 . Inspections 763 - 706 -8156. Fax 763 - 706 -8151 • fireinspections @ci.columbia - heights.mn.us
10100
5258 6TH ST
Herron, Lindsay
F13781
22548 Starlite Crt
$ 150.00
Rogers, MN 55374
10113
4317 5TH ST
Michael, David
F13849
17 Parkview Terrace
$ 150.00
Golden Valley, MN 55416
10131
4906 MADISON ST
Thinley, Thinley
F13893
3125 94th Avenue N.
$ 150.00
Brooklyn Park, MN 55443
10138
1022 42 1/2 AVE
Merhi, Omar
F13910
530 Chesapekake Lane
$ 150.00
Southlake, TX 76092
10143 -RY
241 MAUREEN LN
Al Joubori, Sahar
F13937
12236 Radisson Rd NE
$ 150.00
Blaine, MN 55449
10155
593 37TH AVE
Ingebrigtson, Jeffrey
F13840
592 38th Ave NE
$ 150.00
Columbia Heights, MN 55421
10157
4408 4TH ST
Gurevich, Gregory
F13968
5018 Merrimac Lane N
$ 150.00
Plymouth, MN 55446
10161
3911 ULYSSES ST
Nelson, Bernie
F13923
1121 177th Lane NE
$ 150.00
Ham Lake, MN 55304
10164 -RY
3811 GAUVITTE ST
Brion, Brian
F13927
4137 Deerwood Trl
$ 150.00
Eagan, MN 55122
10166
4111 5TH ST
Jones, David
F13788
10631 Maple Lane E
$ 150.00
Corcoran, MN 55374
10175_CFC
4000 WASHINGTON ST
Bona, Brian
F13928
5333 University Ave
$ 150.00
Fridley, MN 55421
10176
4433 4TH ST
Monger, Alois
F13912
556 79th Ave N.
$ 150.00
Brooklyn Park, MN 55444
10/17/2014
10:45
15 Page 2
COLUMBIA HEIGHTS
Print Rental Licenses to approve
by°�� °14
FIRE DEPARTMENT
l riSPECT I
ON D I.YI S l ON
825 41st Avenue NE +Columbia Heights, MN 55421 + Inspections 763 - 706 -8156. Fax 763 -706 -8151 a fireinspections
@ci.columbia - heights.mn.us
10177
4828 5TH ST
Froiland, Dane
F13954A
1825 158th Avenue N.W.
$ 150.00
Andover, MN 55304
10223
4800 4TH ST
Kian, Armad
F13844
3800 Xerxes Avenue S.
$ 150.00
Minneapolis, MN 55410
10229
4128 7TH ST
Yupa Pinguil, Jose
F13926
4128 7th Street NE
$ 150.00
Columbia Heights, MN 55421
10241
3962 5TH ST
Saykally, Jessica
F13633
1543 Deleware Avenue
$ 150.00
St. Petersberg, FL 33703
10253
4236 POLK ST
Erickson, Gordon
F13856
4633 South Samantha Dr.
$ 150.00
Souix Falls, SD 57106 -7560
10258
2226 HIGHLAND PL
Larson, Garrett
F13826
2901 Hilldale Ave
$ 150.00
St. Anthony, MN 55418
10275
4436 JACKSON ST
Johnson, Julia
F13638
160 30th Street
$ 150.00
Boulder, CO 80305
10303
965 43RD AVE
Hampton Investments, Inc.
F13947
9637 Anderson Lakes Parkway STE. #324 $ 150.00
Eden Prairie, MN 55344
10306
4422 7TH ST
Anglin, Bobby
F13628
414 66th ST SW
$ 150.00
Waverly, MN 55390
10319
3832 2 1/2 ST
Lemke, Michelle
F13932
1530 Welcome Ave
$ 150.00
Golden Valley, MN 55422
10330
3931 VAN BUREN ST
Fairchild, Tammy
F13754
7581 S Steele St Apt #B106
$ 150.00
Centennial, CO 50122
10337
1637 37TH AVE
Schmidt, Hans
F13957
3845 Johnson St
$ 150.00
Columbia Heights, MN 55421
10/17/2014
10:45
16 Page 3
COLUMBIA HEIGHTS
Print Rental Licenses to approve
by �� z °s4
FIRE DEPARTMENT
I)PIMSPECTIOM
DIVISION
825 41st Avenue NE a Columbia Heights, MN 55421 • Inspections 763 - 706 -8156 • Fax 763 - 706 -8151. fireinspections
@ci.columbia- heights.mn.us
10345
4330 WASHINGTON ST
Silverstein, Marc
F13961
4064 Colony Rd #420
$ 150.00
Charlotte, NC 28211
10347
4240 6TH ST
I1-12 Property Illinois, LP
F13860
1270 Eagan Industrial Rd #160
$ 150.00
Eagan, MN 55121
10349
5005 7TH ST
Truong, Brad
F13894
2619 Landera Ct.
$ 150.00
Pearland, TX 77584
10352
4346 6TH ST
Olayinka, Sunday
F13814
3652 Windmill Curve
$ 150.00
Woodbury, MN 55129
10354
3915 TYLER ST
Hanson, Robert
F13921
16910 The Strand
$ 150.00
Minnetonka, MN 55345
10359
4711 CHATHAM RD
Nolan, Brian
F13935
6931 137th Lane NW
$ 150.00
Ramsey, MN 55303
10383
100041STAVE
Hamimoune, Rahhal
F13952
659 46 1/2 Avenue NE
$ 150.00
Columbia Heights, MN 55421
10395
3930 JACKSON ST
Vercacteren, Luke
F13845
3716 11th Ave. S.
$ 150.00
Minneapolis, MN 55407
10398
966 43 1/2 AVE
Pinguil, Jose
F13925
738 Quincy St NE
$ 150.00
Minneapolis, MN 55413
10418
4253 6TH ST
MSRI
F13761B
8300 N Mopac Expressway #200
$ 150.00
Austin, TX 78759
10500
4349 5TH ST
Anoka County Community Action Program F13657
120189th Avenue NE #345
$ 150.00
Blaine, MN 55434
12011
1075 POLK CIR
Collins, Roger
F13731
63 Oakwood Drive
$ 150.00
New Brighton, MN 55112
10/17/2014
10:45
17 Page 4
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COLUMBIA HEIGHTS
by��2 °z4
Vol) FIRE DEPARTMENT
I HSPEDT 10H D I Y I S I ON
825 41st Avenue NE a Columbia Heights, MN 55421 e Inspections 763 - 706 -8156 • Fax 763 - 706 -8151. fireinspections @ci.columbia- heights.mn.us
12022 1241 CIRCLE TER BLVD Sjurseth, Lance F13933
1241 Circle Ter Blvd $ 150.00
Columbia Heights, MN 55421
12023 943 42ND AVE Morocho' Nestor F13906
943 42nd Avenue NE (lower unit) $ 150.00
Columbia Heights, MN 55421
12029 4048 MADISON ST Carstensen, Kathryn F13946
4048 Madison Street $ 150.00
Columbia Heights, MN 55421
12043 -NC 4456 WASHINGTON ST Powell, Sandra F13662
4456 NE WASHINGTON ST $ 150.00
Columbia Heights, MN 55421
12060 1200 CIRCLE TER BLVD Santamaria, Norberto F13934
1202 Circle Terrace Blvd. NE $ 150.00
Columbia Heights, MN 55421
12090 950 44 112 AVE George, Gary F13916
950 44 -1/2 Avenue $ 150.00
Columbia Heights, MN 55421
12140 609 51ST AVE McQuarry, Thomas F13917
609 51st Avenue $ 150.00
Columbia Heights, MN 55421
12145 6815 1ST AVE Stockwell, Gary F13913
68151st Avenue $ 150.00
Columbia Heights, MN 55421
12146 665 51ST AVE Blanske, Rita F13920
1221 Drew St. Apt #C11 $ 150.00
Clearwater, FL 33755
12163 4209 WASHINGTON ST Lee, Grace F13945
4209 Washington Street $ 150.00
Columbia Heights, MN 55421
12203 4409 MONROE ST Graham, James F13914
4409 Monroe Street $ 150.00
Columbia Heights, MN 55421
20000 4622 JOHNSON ST Frauly, Karen & Bill F13752
19771 Eastwood Dr $ 150.00
Osakis, MN 56360 -4874
10/17/2014 10:45 18 Page 5
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COLUMBIA HEIGHTS �y�� 2 °s4
19, FIRE DEPARTMENT
I NSPBCT I ON D I YI S � ON
825 41st Avenue NE • Columbia Heights, MN 55421 * Inspections 763 - 706 -8156 * Fax 763 - 706 -8151 • fireinspections @ci.columbia- heights.mn.us
20002 1161 CHEERY LN Castillo, Jerry F13956
1155 Cheery Lane $ 150.00
Columbia Heights, IVIN 55421
20019 633 51ST AVE Therrien, Thomas F13899
21655 Co. Road 117 $ 150.00
Corcoran, MN 55374
20025 4855 5TH ST Christ, Dennis F13828A
10984 228 St N $ 150.00
Scandia, MN 55073
20050 4657 5TH ST Rowe, Bob F13830
14228 68th Place N. $ 150.00
Maple Grove, MN 55311
20052 660 47 1/2 AVE Larson, Dwight F13779
6317 Parnell Ave $ 150.00
Edina, MN 55435
20069 4157 QUINCY ST CMACS LLP F13838
2130 Erin Ct $ 150.00
New Brighton, MN 55112
20083 4645 WASHINGTON ST Anderson, Will F13588
6230 10th St. N. #430 $ 150.00
Oakdale, MN 55128
20101 1203 CHEERY LN Schaff, Nelia F13943
1551 Woodside Court $ 150.00
Fridley, MN 55432
20107 4125 2ND ST Tohey, Joesph F13767A
544 Summit Street NE $ 150.00
Fridley, MN 55421
20110 4055 UNIVERSITY AVE Zezza, John F13666
1672 Wipholt Beach $ 150.00
Walker, MN 56484
20127 4641 4TH ST Lund, James F13768
14035 Hillsboro Court $ 150.00
Savage, MN 55738
20129 627 51ST AVE Thompson, Ty F13809
1845 Major Dr N $ 150.00
Golden Valley, MN 55422
10/17/2014 10:45 19 Page 6
COLUMBIA HEIGHTS
Print Rental Licenses to approve
by CC 2014
FIRE DEPARTMENT
I MS P E C T I
QN D I Y I S I Dri
825 41st Avenue NE • Columbia Heights, MN 55421. Inspections 763 - 706 -8156 • Fax 763 - 706 -8151 • fireinspectlons @ci.columbia- heights.mn.us
20137
4008 CLEVELAND ST
Brownrigg, Thomas
F13958
1911 Longview Drive
$ 150.00
New Brighton, MN 55112
20162
966 44 1/2 AVE
Ali, Mir
F13772
2947 Bent Hill Drive
$ 150.00
New Brighton, MN 55112
20166
4247 2ND ST
Jones, Todd
F13736
3425 Jewel Lane N
$ 150.00
Plymouth, MN 55447
20173
4644 WASHINGTON ST
Anderson, Will
F13588A
6230 10th St. N. #430
$ 150.00
Oakdale, MN 55128
20174
212 42ND AVE
Bui, Thomas
F13751
5473 Adams St
$ 150.00
Moundsview, MN 55112
20177
4533 WASHINGTON ST
** send email * * ** Miller, William
F13174A
14628 18th Ave Southwest
$ 150.00
Seattle, WA 98166
20178
4420 MONROE ST
McClellan, Duncan
F13786
1767 18th Ave NW
$ 150.00
New Brighton, MN 55112
20194
3810 3RD ST
Anderson, Kim
F13836
1080 Sherwood Rd.
$ 150.00
Shoreview, MN 55126
20240
1407 CIRCLE TER BLVD
Cornelius, Chris
F13632
7890 Queensland Ln. N #G
$ 150.00
Maple Grove, MN 55311
20242
4624 TAYLOR ST
Pomeroy, Wellyn
F13331
740 107th Court N.E.
$ 150.00
Blaine, MN 55434
?0256
1415 PARKVIEW LN
Peickert- Arndt, Candace
F13915
P.O. Box 13
$ 150.00
Clinton, MN 56225
20272
1336 43 1/2 AVE
Omer, Ismael
F13959
5600 W Lake Street
$ 150.00
St. Louis Park, MN 55416
10/17/2014
10:45
20 Page 7
COLUMBIA HEIG HTS
FZMSPHCTZGM
Print Rental Licenses to approve
byC� 2 014
.
FIRE DEFARTMEKT
D l Yl S I DH
825 41st Avenue NE a Columbia Heights, MN 55421: Inspections 763 - 706 -8156 • Fax 763 - 706 -8151. fireinspections @ci.columbia- heights.mn.us
20286
56151ST AVE
Witt & Sons Inc.
F13758
353 South Owasso Blvd.
$ 150.00
Roseville, MN 55113
20301
4344 QUINCY ST
LeMon, Brian
F13782
10551 Major Ave
$ 150.00
Brooklyn Park, MN 55443
20387
3726 3RD ST
Bella Homes
F13784
3712 48th Avenue S
$ 150.00
Minneapolis, MN 55407
20406
4556 FILLMORE ST
Stauch, Audrey
F13942
1155 Khyber Lane NE
$ 150.00
Columbia Heights, MN 55421
20420
4701 5TH ST
Two Guys Enterprise LLC
F13824
3522 22nd Avenue S
$ 150.00
Minneapolis, MN 55407
30007
4417 UNIVERSITY AVE
DRS Rental Townhomes, LLC
F13819A
401 Robert Street N. STE. #150
$ 160.00
St. Paul, MN 55101
30015 -NC
3947 TYLER ST
Anderson, Eric
F13953
3425 Coolidge St NE
$ 150.00
St. Anthony, MN 55418
30024
4308 4TH ST
Kortas, Margaret
F13833
1813 Stinson Blvd.
$ 234.00
New Brighton, MN 55112
30030
647 37TH AVE
Blahnik, Vance
F13896
6652 Pinnacle Dr
$ 266.00
Eden Prairie, MN 55346
30034
2200 39TH AVE
Hart Lakes Apartments, LLC
F13919B
5402 Parkdale Dr #200
$ 470.00
St. Louis Park, MN 55416
30038
615 40TH AVE
Ukatu, Edward
F13625
685 Iona Ln
$ 165.00
Saint Paul, MN 55113
30042
1026 40TH AVE
Chohan,Raees
F13889
5300 Central AVE NE
$ 160.00
Fridley, MN 55421 -1209
10/17/2014
10:45
21 Page 8
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COLUMBIA HEIGHTS
bY�� z °14
FIRE DEPARTMENT
IN8PECTZf7M DlYISIDN
825 41st Avenue NE • Columbia Heights, MN 55421. Inspections 763 - 706 -8156 • Fax 763 - 706 -8151. fireinspections @ci.columbia- heights.mn.us
30066 3839 HART BLVD Hart Lake Apartments, LLC F13919
5402 Parkdale Dr #200 $ 950.00
St. Louis Park, MN 55416
30077 4550 MADISON ST Owens, Robert F13878
409 - 105th Lane $ 160.00
Coon Rapids, MN 55448
30092 3838 MCKIN LEY ST Hart Lakes Apartments, LLC F13919C
5402 Parkdale Dr #200 $ 470.00
St. Louis Park, MN 55416
30102 4640 POLK ST Sekizovic, Maumer F13911
PO Box 21314 $ 188.00
Columbia Heights, MN 55421
30109 3850 STINSON BLVD Northeast Seniors Housing Corporation F13635
3410 Winnetka Avenue N. Suite A $1070.00
New Hope, MN 55427
30129 4621 UNIVERSITY AVE Dumore Investments, LLC F13827
7601 22nd Street Court North $ 248.00
Oakdale, MN 55128
30147 3925 3RD ST PN18, LLC F13834
3514 14th Avenue S $ 266.00
Minneapolis, MN 55407
30154 4341 TYLER PL Chohan,Raees F13891
5300 Central Avenue N.E. $ 160.00
Fridley, MN 55421
30177 3816 STINSON BLVD Bryant, LLC F13884
5065 Johnson Street N.E. $ 356.00
Columbia Heights, MN 55421
30179 3826 STINSON BLVD Klum, Cynthia F13922
1314 W. Royal Oaks Dr. $ 356.00
Shoreview, MN 55126
30500 3932 CENTRAL AVE Anoka County Community Action Program F13708
1201 89th Avenue NE #345 $ 446.00
Blaine, MN 55434
40197 -APT 556 40TH AVE Neus, Jane F13129
1444 32nd Circle SE Upstairs APT. $ 150.00
Rio Rancho, NM 87124
10/17/2014 10:45 22 Page 9
Total # of Licenses: 108
23
CITY COUNCIL LETTER
AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER
NO: PUBLIC WORKS
ITEM: CONTRACT AWARD FOR THE 2014 BY: Kevin Hansen BY:
MISCELLANEOUS CONCRETE REPAIRS AND DATE: 10/22/2014 DATE:
INSTALLATIONS, CITY PROJECT 1400
Background:
Specific items replaced or repaired under the Miscellaneous Concrete Program base bid include
structures such as curb and gutter, sidewalk, alley and street panels. The concrete replacement is
budgeted for in the Public Works Department budgets, such as in the Water Fund, for repairs of
damaged concrete caused by water main breaks.
On May 27, 2014, the City Council awarded the annual Miscellaneous Concrete Repair Program
to replace /install concrete throughout the City to Ron Kassa Construction, Inc. of Elko,
Minnesota for $34,248.10. The contractor has been completely unresponsive in our efforts to
schedule the work.
Analysis /Conclusions:
Earlier this month, staff revised the location list for work that absolutely needed to be done in
2014 and requested proposals from additional contractors. Two contractors submitted bids. The
low quote was submitted by Specktacular Companies of Elko, Minnesota, in the amount of
$21,066.50. The unit prices vary and are approximately 12 -20% higher than the original bid
from Ron Kassa Construction.
Staff is requesting award of the contract to Specktacular Companies and authorization to expend
up to the original contract amount of $34,248.10. If weather permits, items removed from the
original list will be added to the contract with Specktacular Companies at the quoted unit prices.
Recommended Motion: Move to award the 2014 Miscellaneous Concrete Repairs and
Installations, City Project No. 1400, to Specktacular Companies, based upon their low, qualified,
responsible bid in the amount of $21,066.50 from Fund 415 -51400 -4000; and, furthermore, to
authorize the Mayor and City Manager to enter into a contract for up to 34,248.10.
COUNCIL ACTION:
24
CITY COUNCIL LETTER
Meeting of. October 27, 2014
AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER
NO: I PUBLIC WORKS
ITEM: APPROVE FINAL COMPENSATING BY: K. Hansen BY:
CHANGE ORDER AND FINAL PAYMENT FOR DATE: 10/20/2014 DATE:
2014 MISCELLANEOUS UTILITY REPAIRS AND
INSTALLATIONS, PROJECT NO. 1411
Background:
The contractor has completed the 2014 Miscellaneous Utility Repairs and Installations. The work consisted of
replacement of hydrants, gate valves, water main pipe, sanitary sewer pipe, and storm sewer pipe and catch
basins. All contract work has been completed.
Analysis /Conclusions:
The final compensating change order (attached) is for the second gate valve replaced on 49d' Avenue, east of
Central Avenue. The change order modifies the contract to include quantities in addition to the original contract
due to ordered work, field changes and unknown conditions. Additions to the contract modified quantities using
the contract bid prices for each work item or negotiated amounts based on the contractor's time and needed
materials.
Staff recommends approval of the compensating change order and final payment to Interstate Removal Company
and acceptance of the work. A copy of the change order and the Engineer's Report of Final Acceptance is
attached.
Recommended Motion: Move to approve the final compensating change order and accept the work for 2014
Miscellaneous Utility Repairs and Installations, City Project No. 1411, and authorize final payment of $8,794.34
to Interstate Removal Company of Forest Lake, Minnesota.
Attachments: Change Order
Engineer's Report of Final Acceptance
COUNCIL ACTION:
25
FINAL COMPENSATING CHANGE ORDER
Project: 2014 Miscellaneous Utility Repairs and Installations City Project: 1411
Owner: City of Columbia Heights Date of Issuance: October 22, 2014
637-38 1h Avenue N. E.
Columbia Heights, MN 55421
Contractor: Interstate Removal Co. Engineer: City Engineer
20290 Forest Rd N
Forest Lake, MN 55025
You are directed to make the following changes in the Contract Documents:
Description: Staff directed the contractor to remove and install new 10" gate valve on
49th Avenue, east of Central Avenue. This gate valve was in the same excavation
as the gate valve previously approved and replaced at the same time.
Cost for the work was negotiated.
Purpose of Change Order: The contract has been modified to include the following:
CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME
Original Contract Price: Original Contract Time:
$ 134,315.00
Previous Change Orders No. 1 to No. 2 Net Change from Previous Change Order:
$ 30,403.00
Contract Price Prior to this Change Order: Contract Time Prior to this Change Order:
$ 164,718.00
Net Increase of this Change Order: Net Increase (Decrease) of Change Order:
$ 11,168.90
Contract Price with all Approved Change Orders: Contract Time with Approved Change Orders:
$ 175,886.90 N/A
Appro Approved
By: By:
n Vineer - (Contractor)
City Manager Walt Fehst
Mayor Gary Peterson
Date of Council Action
26
CITY OF COLUMBIA HEIGHTS
ANOKA COUNTY, MINNESOTA
ENGINEER'S REPORT OF FINAL ACCEPTANCE
2014 MISCELLANEOUS UTILITY REPAIRS AND INSTALLATIONS
CITY PROJECT NUMBER 1411
October 20, 2014
TO THE CITY COUNCIL
COLUMBIA HEIGHTS, MINNESOTA
HONORABLE MAYOR AND CITY COUNCIL MEMBERS:
This is to advise you that I have reviewed the work under contract to Interstate Removal
Company. The work consisted of replacement of hydrants, gate valves, water main pipe, sanitary
sewer pipe, and storm sewer pipe and catch basins. The contractor has completed the project in
accordance with the contract.
It is recommended; herewith, that final payment be made for said improvements to the contractor
in the amount as follows:
ORIGINAL CONTRACT PRICE $ 134,315.00
CHANGE ORDERS $ 41,571.90
FINAL CONTRACT AMOUNT $ 175,886.90
FINAL WORK APPROVED $ 175,886.90
ALL PRIOR PAYMENTS ($ 167,092.56)
BALANCE DUE $ 8,794.34
Sincerely,
CI F CO UMBIA HEIGHTS
e n R. en
City Engineer
27
CITY COUNCIL LETTER
Meeting of October 27, 2014
AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER
NO: PUBLIC WORKS
ITEM: APPROVE FINAL PAYMENT FOR BY: K. Hansen By;
DEMOLITION AND SITE PREPARATION, 3919 DATE: 10/20/2014 DATE:
CENTRAL AVENUE, PROJECT NO. 1314
Background:
The contractor has completed the demolition of the Mady's building and site restoration. The work consisted of
removing the building and backfilling with clean compacted fill. The surface was covered with crushed concrete
from the building foundation, similar to other commercial demolition projects. The sewer and water were also
disconnected. All contract work has been completed.
Analysis /Conclusions:
Staff recommends approval of final payment to All Metro Excavating, Inc. and acceptance of the work. A copy
of the Engineer's Report of Final Acceptance is attached.
Recommended Motion: Move to accept the work for Demolition and Site Preparation at 3919 Central Avenue,
City Project No. 1314, and authorize final payment of $11,189.76 to All Metro Excavating, Inc. of Minneapolis,
Minnesota.
Attachments: Engineer's Report of Final Acceptance
COUNCIL ACTION:
28
CITY OF COLUMBIA HEIGHTS
ANOKA COUNTY, MINNESOTA
ENGINEER'S REPORT OF FINAL ACCEPTANCE
DEMOLITION AND SITE PREPARATION - 3919 CENTRAL AVENUE
CITY PROJECT NUMBER 1314
October 22, 2014
TO THE CITY COUNCIL
COLUMBIA HEIGHTS, MINNESOTA
HONORABLE MAYOR AND CITY COUNCIL MEMBERS:
This is to advise you that I have reviewed the work under contract to All Metro Excavating, Inc.
The work consisted of building demolition, and site preparation. The contractor has completed the .
project in accordance with the contract.
It is recommended; herewith, that final payment be made for said improvements to the contractor
in the amount as follows:
ORIGINAL CONTRACT PRICE
$ 136,333.00
CHANGE ORDERS
$ 256.76
FINAL CONTRACT AMOUNT
$ 136,589.76
FINAL WORK APPROVED
$ 136,589.76
ALL PRIOR PAYMENTS
($ 125,400.00)
BALANCE DUE
$ 11,189.76
Sincerely,
CITY OF COLUMBIA HEIGHTS
Kevin R. Hansen
City Engineer
29
CITY COUNCIL LETTER
Meeting of: October 27, 2014
AGENDA SECTION: CONSENT I ORIGINATING DEPARTMENT: I CITY MANAGER
NO: PUBLIC WORKS
ITEM: ADOPT RESOLUTION 2014 -75 BEING BY: Kevin Hansen BY:
A RESOLUTION ORDERING PREPARATION DATE: 10/20/2014 DATE:
OF A REPORT FOR ZONE 1 STREET
REHABILITATION
Background:
To comply with Minnesota State Statutes involving an assessed improvement project, a resolution must
be passed by the City Council calling for a report on the necessity, cost - effectiveness, and feasibility of
the proposed improvement.
Analysis /Conclusions:
The attached resolution calls for the City Engineer to prepare the required report for the Zone 1 Street
Rehabilitation Program. Zone 1 is generally described as east of Central Avenue, west of Reservoir
Boulevard and south of 47th Avenue. Also included in the Zone 1 Program is the following local street:
4th Street, 40th Avenue to 42nd Avenue
This was delayed by the Council from the Zone 7 program in 2012 to 2015. A public improvement
hearing will need to be held following completion and acceptance of the feasibility report.
Recommended Motion: Move to waive the reading of Resolution 2014 -75, there being ample copies
available for the public.
Recommended Motion: Move to adopt Resolution 2014 -75, being a Resolution ordering preparation of
a feasibility report for Zone 1 Street Rehabilitation.
Attachments: Resolution 2014 -75
COUNCIL ACTION:
30
RESOLUTION 2014 -75
BEING A RESOLUTION ORDERING PREPARATION OF A REPORT
FOR THE ZONE 1 STREET REHABILITATION PROGRAM
CITY PROJECT NO. 1502
WHEREAS, the City Council of Columbia Heights is proposing to rehabilitate local streets in
Zone 1 that have not been rehabilitated under the street program, and
WHEREAS, 4th Street from 40th Avenue to 42nd Avenue was included with Zone 1 for the 2015
program.
WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the
cost of the improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws
1953, Chapter 398, as amended), and Section 103B.201 to 103B.251, as follows:
1502 ZONE 1 STREET REHABILITATION PROGRAM
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA
HEIGHTS, MINNESOTA that the proposed improvements be referred to Mr. Kevin Hansen,
City Engineer, for study and that he is instructed to report to the Council with all convenient
speed advising the Council in a preliminary way as to whether the proposed improvements are
necessary, cost effective, and feasible and as to whether it should best be made as proposed or in
connection with some other improvement, the estimated cost of the improvement as
recommended and a description of the methodology used to calculate individual assessments for
affected parcels.
Passed this 27th day of October, 2014
Offered by: CITY OF COLUMBIA HEIGHTS
Seconded by:
Roll Call: By
Mayor Gary L. Peterson
Katie Bruno
City Clerk
31
CITY COUNCIL LETTER
Meeting o£ October 27, 2014
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER
NO: I PUBLIC WORKS
ITEM: ADOPT RESOLUTION 2014 -76 BEING A BY: Kevin Hansen BY:
RESOLUTION ORDERING PREPARATION OF A DATE: 10/22/14 DATE:
REPORT FOR THE ZONE 7A STREET SEAL
COAT PROGRAM, CITY PROJECT NO. 1301
Background:
To comply with Minnesota State Statutes involving an assessed improvement project, a resolution must be
passed by the City Council calling for a report on the necessity, cost - effectiveness, and feasibility of the
proposed improvement.
Analysis /Conclusions:
The attached resolution calls for the City Engineer to prepare the required report for the Zone 7A Street Seal
Coat Program. Zone 7A seal coat streets include local streets between University Avenue and Central
Avenue from 37`h to 4& Avenue. Local streets between California Street and University Avenue from 37`h
Avenue to 45`h Avenue will not be done at this time due to the proposed water main cleaning and lining
projects in that area. In accordance with City policy, streets rehabilitated as part of the 2004 and 2012
programs will not be assessed for seal coat.
A public improvement hearing will need to be held for Zone 7A following completion and acceptance of the
feasibility report. The bidding process will be administered by the City of Coon Rapids as part of a multi -
city JPA for various street maintenance activities.
Recommended Motion: Move to waive the reading of Resolution 2014 -76, there being ample copies
available for the public.
Recommended Motion: Move to adopt Resolution 2014 -76, being a Resolution ordering preparation of a
report for the Zone 7A Street Seal Coat Program, City Project No. 1301.
Attachments: Resolution 2014 -76
Project Map
COUNCIL ACTION:
32
RESOLUTION 2014 -76
BEING A RESOLUTION ORDERING THE PREPARATION OF A REPORT
FOR THE ZONE 7A STREET SEAL COAT PROGRAM
CITY PROJECT NO. 1301
WHEREAS, the City Council of Columbia Heights is proposing to rehabilitate local streets in
Zone 7A that have not been rehabilitated under the street program, and
WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the
cost of the improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws
1953, Chapter 398, as amended), and Section 10313.201 to 103B.251, as follows:
1301 ZONE 7 SEAL COAT PROGRAM
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA
HEIGHTS, MINNESOTA that the proposed improvements be referred to Mr. Kevin Hansen,
City Engineer, for study and that he is instructed to report to the Council with all convenient
speed advising the Council in a preliminary way as to whether the proposed improvements are
necessary, cost - effective, and feasible and as to whether it should best be made as proposed or in
connection with some other improvement, the estimated cost of the improvement as
recommended and a description of the methodology used to calculate individual assessments for
affected parcels.
Passed this 27h day of October, 2014.
Offered by: CITY OF COLUMBIA HEIGHTS
Seconded by:
Roll Call: By
Mayor Gary L. Peterson
Katie Bruno
City Clerk
33
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COLUMBIA HEIGHTS - CITY COUNCIL LETTER
Meeting of: October 27, 2014
AGENDA SECTION: Consent
ORIGINATING DEPARTMENT:
CITY MANAGERS
NO:
CITY MANAGER
APPROVAL
ITEM: Adopt Res.,
BY: Katie Bruno
BY:
NO: Cancel City Council Meeting of
DATE: October 21, 2014
DATE:
December 22, 2014
Background:
The second council meeting in December is scheduled for Monday, December 22, 2014. In the past, the
council has chosen to cancel the second meeting in December.
Recommendation:
Cancel the meeting scheduled for Monday December 22, 2014.
Recommended Motion:
MOTION: Move to waive the reading of Resolution No. 2014 -78, there being ample copies available
to the public.
MOTION: Move to adopt Resolution 2014 -78, being a Resolution canceling the second meeting in
December, scheduled for December 22, 2014.
COUNCIL ACTION:
35
RESOLUTION NO. 2014-78
BEING A RESOLUTION CANCELING THE
CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETING
SCHEDULED FOR MONDAY
DECEMBER 22, 2014
WHEREAS: The City of Columbia Heights has historically cancelled the second
meeting in December; and
WHEREAS: The City Council has agreed to cancel the regular Council meeting
scheduled for Monday, December 22, 2014;
NOW, THEREFORE, BE IT RESOLVED, that all interested parties be advised of this
change.
Passed this 27th day of October, 2014.
Offered by:
Second by:
Mayor Gary L. Peterson
Attest:
Katie Bruno
City Clerk/Council Secretary
36
CITY COUNCIL LETTER
Meeting o£ Oct. 27, 2014
AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER
NO: License Department APPROVAL
ITEM: License Agenda BY: Shelley Hanson DATE:
NO: DATE: Oct. 22, 2014 BY:
BACKGROUND /ANALYSIS
Attached is the business license agenda for the October 27, 2014 Council meeting. This agenda consists
of applications for contractor licenses for 2014 and 2015 Business License Renewals.
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 27, 2014 as presented.
37
TO CITY COUNCIL Oct. 27, 2014
*Signed Waiver Form Accompanied Application
CONTRACTOR'S LICENSES -2014
BLDG *Hermes Construction
Anderson Co.
*Integrity Home Improve
Commercial Specialist
Hmong Roof & Siding
*Quality Plumb & Htg
Signs by RSG
*Anderson Htg (2014 -15)
*Nema Inc
3920 Minnehaha Ave S, Mpls
$60
4220 Park Glen Rd, St Louis Pk
$60
143 N Arch Ave, New Richmond, WI
$60
14455 12'' St, Clear Lk, MN
$60
5870 Woodlane Dr, Woodbury
$60
17525 Swedish Dr NE, Ham Lake
$60
6080 Highway 10, Ramsey
$60
1628 Co Hwy 10, Sp Lk Pk
$60
17559 Toft Ave, Eden Prairie
$60
FUEL DISPENSING DEVICES
*Holiday Station
*Jeff's Bobby & Steve's
*Northern Tier /SA Gas
4259 Central Ave, Col. Hts
3701 Central Ave, Col. Hts.
5000 Central Ave, Col. Hts.
GAMES OF SKILL
$180
$210
$140
*American Amusements 2 locations -Jeff s Bobby & Steve's and
Latin Kitchen $105
CIGARETTE SALES
*Holiday Station Store 4259 Central Ave, Col. Hts. $300
PET SHOP
*Peacock Chichlid Shop 5005 -07 University Ave $ 50
TEMPORARY LIQUOR LICENSE
*Immaculate Conception Church 4030 Jackson St. $100 /day
For various events during 2015
38
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CITY COUNCIL LETTER
Meetinn of (in #nhPr 97 9111 d
AGENDA SECTION: Public Hearing
ORIGINATING DEPARTMENT
CITY MANAGER
NO.
POLICE
APPROVAL:
ITEM: Public Hearing: Repeat Nuisance Call
BY: Scott Nadea
BY:
Service Fee Appeal
DATE: October 22, 2014
DATE:
BACKGROUND:
Holly Reinke, the owner of 723 38°i Avenue, has requested a hearing to dispute the Nuisance Call for
Service Fee that was imposed on her regarding activities at that address. See the attached memo for
detailed information regarding the issues at that address. Ms. Reinke's appeal letter is also attached.
ANALYSIS /CONCLUSION:
After three violations that met the requirements of the Nuisance Call Service Fee ordinance, a fee of
$608.99 was imposed on the owner of 723 38th Avenue, Holly Reinke. She is contesting this fee.
RECOMMENDED MOTION:
MOTION: Move to uphold the $608.99 Nuisance Call for Service Fee imposed on Holly Reinke,
owner of 72338 th Avenue NE.
COUNCEL ACTION:
47
ORDINANCE NO. 1568
BEING AN ORDINANCE AMENDING ORDINANCE NO, 1490, CITY CODE OF 2005
RELATING TO REPEAT NUISANCE CALL SERVICE FEE
Chapter 8 of the Columbia Heights City Code will be amended to include the following:
ARTICLE VIII: REPEAT NUISANCE CALL SERVICE FEE
Section
8.801 Purpose
8.802 Scope and application
8.803 Definitions
8.804 Repeat nuisance service call fee
8.805 Notice
8.806 Right to appeal
8.807 Legal remedies nonexclusive
8.808 Applicability of repeat nuisance service call fee
8.809 Recovery of fee
§ 8.801 PURPOSE.
The purpose of this section is to protect the public safety, health and welfare and to
prevent and abate repeat service response calls by the City to the same property or location for
nuisance service calls, as defined herein, which prevent police or public safety services to other
residents of the City. It is the intent of the City by the adoption of this Section to impose and
collect service call fees from the owner or occupant, or both, of property to which City officials
must repeatedly respond for any repeat nuisance event or activity that generates extraordinary
costs to the City. The repeat nuisance service call fee is intended to cover that cost over and
above the cost of providing normal law or code enforcement services and police protection city-
wide.
§ 8.802 SCOPE AND APPLICATION.
This Section applies to all owners and occupants of private property which is the subject
or location of the repeat nuisance service call by the City. This Section applies to any repeat
nuisance service calls made by a City of Columbia Heights peace officer, part -time peace officer,
community service officer, animal control and/or code enforcement officers.
48
§ 8.803 DEFINITIONS.
For purposes of this Section, the term "nuisance misconduct" means any activity,
conduct, or condition occurring upon private property within the City that unreasonably annoys,
injures, or endangers the safety, health, morals, comfort or repose of any member of the public;
or will, or tend to, alarm, anger or disturb others or provoke breach of the peace, to which the
City is required to respond, including, but not limited to the following:
(A) Any activity, conduct, or condition deemed as a public nuisance under any provision
of the City Code;
(B) Any activity, conduct, or condition in violation of Minnesota State Statute 609,33;
(C) Any conduct, activity or condition constituting a violation of any Minnesota state law
prohibiting or regulating prostitution, gambling, controlled substances, use of firearms; and/or
(D) Any conduct, activity, or condition constituting disorderly conduct under Chapter
609 of Minnesota Statutes.
§ 8.804 REPEAT NUISANCE SERVICE CALL FEE.
(A) The City may impose a repeat nuisance service call fee upon the owner and/or
occupant of a private property if the City has rendered services or responded to the property on
three or more occasions within a period of 365 days in response to or for the abatement of
nuisance conduct.
(B) The repeat nuisance service call fee will be set forth in a resolution approved by the
City Council. An additional amount may be imposed to reflect the salaries of police officers,
community service officers, animal control and/or code enforcement officers while responding to
or remaining at the nuisance event, the pro rata cost of equipment, the cost of repairing city
equipment and property damaged as a result of the nuisance call, and the cost of any medical
treatment of injured officers.
(C) A repeat nuisance service call fee imposed under this Section will be deemed
delinquent if it is not paid within 30 days after the City mails the billing statement for the fee.
The City will add a ten percent late penalty to a delinquent payment.
§ 8.805 NOTICE.
(A) No repeat nuisance service call fee may be imposed against an owner or occupant of
property without first providing the owner or occupant with written notice of the two previous
nuisance service calls which are the basis for the fee. The written notice must:
(1) Identify the nuisance conduct that previously occurred on the property, and the
dates of the previous nuisance conduct; and
2
49
(2) State that the owner or occupant may be subject to a nuisance call service fee
if a third nuisance service call is rendered to the property for any fiuther nuisance
conduct; and
(3) State that the City has the right to seek other legal remedies or actions for
abatement of the nuisance or compliance with the law; and
(4) Be served personally; by U.S. Mail upon the owner or occupant at the last
known address; or by posting the subject property.
§ 8.806 RIGHT TO APPEAL.
(A) When the City mails the billing statement for the repeat nuisance service call fee, the
City will inform the owner or occupant of their right to request a hearing.
(B) The owner or occupant upon whom the fee is imposed must request a hearing within
ten (10) business days of the mailing of the billing statement, excluding the day the statement is
mailed. The request for a hearing must be in writing and delivered to the City Clerk. The
hearing will occur within thirty (30) days of the date of the request. If the owner or occupant
fails to request a hearing within the time and in the manner required under this Section, the right
to a hearing is waived.
(C) The hearing will be conducted by the City Council in an informal manner. The
Minnesota Rules of Civil Procedure and Rules of Evidence will not be strictly applied. After
considering all evidence submitted, the City Council will make written Findings of Fact and
Conclusions regarding the nuisance conduct and the imposition of the repeat nuisance service
fee, The City Council will serve the Findings of Fact and Conclusions upon the owner or
occupant by U.S. Mail within ten (10) days of the hearing.
(D) if the owner or occupant fails to appear at the scheduled hearing date, the right to a
hearing is waived.
(E) Upon waiver of the right to a hearing under subdivision (2) or (4) or upon service of
the City Council's Findings of Fact and Conclusions that the repeat nuisance call service fee is
warranted, the owner or occupant must pay the fee imposed within ten (10) days.
§ 8.807 LEGAL REMEDIES NONEXCLUSIVE.
Nothing in this Section will be construed to limit the City's other available legal
remedies, including criminal, civil, injunctive or others, for any violation of the law.
§ 8.808 APPLICABULTY OF REPEAT NUISANCE SERVICE CALL FEE.
The City may not impose a repeat nuisance service call fee against an owner or occupant
for a police response relating to emergency assistance, including, but not limited to, domestic
spousal and child abuse.
50
§ 8.809 RECOVERY OF FEE.
(A) If a repeat nuisance service call fee remains unpaid thirty (30) days after the billing
statement is sent by the City, it sball constitute:
taxes.
(1) a lien on the real property where the violation occurred; or
(2) a personal obligation of the owner or occupant in all other situations.
(B) A lien may be assessed against the property and collected in the same manner as
(C) A personal obligation may be collected by appropriate legal means.
This ordinance shall be in full force and effect from and after 30 days after its passage.
First Reading:
August 10, 2009
Second Reading:
August 24, 2009
Date of Passage:
August 24, 2009
Offered by:
Kelzenberg
Seconded by:
Williams
Roll Call:
Ayes: Peterson, Williams, Nawrocki, Diehm, Kelzenberg
Attest:
atricia Muscovitz, CMC
City Clerk
4
Mayor Gary Peterson
51
CITY COUNCIL LETTER
Meeting of October 27, 2014
AGENDA SECTION: Public
ORIGINATING DEPARTMENT:
CITY
Hearings
Fire
MANAGER
NO:
APPROVAL
ITEM: Adopt Resolution For
BY: Gary Gorman
BY:
Abatement
DATE: October 21, 2014
DATE:
NO: 14 -72 to 14 -74
Declaration of a nuisance and abatement of violations within the City of Columbia
Heights is requested regarding properties at:
2014 -72 — 723 38`' Avenue N.E.
2014 -73 — 4420 Jackson Street N.E.
2014 -74 — 4908 6t' Street 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 2014 -72, 2014 -73 and 2014 -74 there being ample
copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution Numbers 2014 -72, 2014-
73 and 2014 -74 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:
52
RESOLUTION 2014 -72
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 Joel Callandar & Holly Reinke (Hereinafter "Owner of Record ").
Whereas, the owner of record is the legal owner of the real property located at 723 3 8th 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, 2014.
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 29, 2014, 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, 2014 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 13, 2014 inspectors re- inspected the property and found that violations
remained uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations
of City Codes(s) were found to exist, to wit:
A. Shall replace all damaged doors — entry to porch.
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
That the property located at 723 38th Avenue N.E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant,
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
53
ORDER OF COUNCIL
1. The property located at 723 38`x' 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 2014
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Katie Bruno
City Clerk/Council Secretary
54
RESOLUTION 2014 -73
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 Lisbeth Forrest (Hereinafter "Owner of Record ").
Whereas, the owner of record is the legal owner of the real property located at 4420 Jackson Street
N.E., Columbia Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via regular mail to the owner of record on September 29, 2014.
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 20, 2014, 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 29, 2014 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 7, 2014 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 clean out gutters — trees /vegetation growing.
B. Shall repair /replace rotted fascia on 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 4420 Jackson Street N.E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
55
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,
The property located at 4420 Jackson Street N.E. constitutes a nuisance pursuant to City
Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
Passed this day of 2014
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Katie Bruno
City Clerk/Council Secretary
RESOLUTION 2014 -74
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 Edwin & Jeanette Eaton (Hereinafter "Owner of Record ").
Whereas, the owner of record is the legal owner of the real property located at 4908 Oh Street N.E. ,
Columbia Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via regular mail to the owner of record on October 9, 2014.
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 3, 2014, 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 9, 2014 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, 2014 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 and paint house.
B. Shall repair /replace rotted wood underneath front doorjamb.
C. Shall paint window sills where needed.
D. Shall repair /replace sections of wood fence that are deteriorated.
E. Shall repair /replace deteriorated driveway.
5. That all parties, including the owner of record and any occupants or tenants, have been given
the appropriate notice of this hearing according to the provisions of the City Code Section
8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
That the property located at 4908 6th Street N.E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
57
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant,
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
ORDER OF COUNCIL
1. The property located at 4908 6th Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
Passed this day of 2014
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Katie Bruno
City Clerk/Council Secretary
58
CITY COUNCIL LETTER
Meeting of October 27, 2014
AGENDA SECTION: Public
ORIGINATING DEPARTMENT:
CITY
Hearings
Fire
MANAGER
NO:
APPROVAL
ITEM: Adopt Resolution For
BY: Gary Gorman
BY:
Revocation
DATE: October 21, 2014
DATE:
NO: 14 -77
Revocation of the license to operate a rental unit within the City of Columbia Heights is
requested against rental properties at:
2014 -77 4427 -4429 Main Street N.E.
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 Number 2014 -77, being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Resolution Number 2014 -77, being a
Resolution of the City Council of the City of Columbia Heights approving revocation
pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license
listed.
COUNCIL ACTION:
59
RESOLUTION 2014 -77
Resolution of the City Council for the City of Columbia Heights approving revocation
pursuant to City Code, Chapter 5A, Article 1V, Section 5A.408(A) of that certain residential
rental license held by John & Joseph Bartels (Hereinafter "License Holder ").
Whereas, license holder is the legal owner of the real property located at 4427 -4429 Main
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, 2014 of a public hearing to be held on October
27, 2014.
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, 2014 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 11, 2014 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 6, 2014 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 door knob on front door of lower unit.
b. Shall finish ceiling in lower unit bathroom — paint.
c. Shall repair hole in bathroom door of lower unit.
d. Shall refinish tub in lower unit — paint is peeling.
e. Shall repair hole in wall behind bedroom door — lower unit.
f. Shall install a smoke detector in furnace room of lower unit.
g. Shall repair /adjust laundry room door to close & latch — lower unit.
h. Shall repair /replace door closer on rear storm door.
i. Shall repair /replace the screens on the building.
j. Shall repair /replace steps on North side — falling apart.
k. Shall repair /replace storm door handle on upper unit.
60
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 F13691 is hereby revoked.
2. The City will post for the purpose of preventing occupancy a copy of this order on the
buildings covered by the license held by License Holder.
3. All tenants shall remove themselves from the premises within 45 days from the first
day of posting of this Order revoking the license as held by License Holder.
Passed this day of 2014
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Katie Bruno
City Clerk/Council Secretary
M.
CITY COUNCIL LETTER
Meeting of October 27, 2014
AGENDA SECTION: Public
ORIGINATING DEPARTMENT:
CITY
Hearings
Fire
MANAGER
NO:
APPROVAL
ITEM: Adopt Resolution For
BY: Gary Gorman
BY:
Emergency Abatement
DATE: October 22, 2014
DATE:
NO: Res # 2014 -79
Adopt Resolution 2014 -79, 4329 Main Street NE being declarations of nuisance and
emergency abatement of violations within the City of Columbia Heights regarding
property at:
4329 Main St NE
for ordinance violations pursuant to Chapter 8, Article II, of City Code
MOTION: Move to close the public hearing and to waive the reading of Resolution 2014-
79, there being ample copies available to the public.
MOTION: Move to adopt Resolution Number 2014 -79, being resolution of the City
Council of the City of Columbia Heights declaring the property listed a nuisance and
approving the emergency abatement of violations from the property pursuant to City
Code section 8.206.
COUNCIL ACTION:
62
RESOLUTION 2014 -79
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and
approving the emergency abatement of ordinance violations pursuant to Chapter 8, Article II, of City
Code, of the property owned by Bart W and Wendy Mady (Hereinafter "Owner of Record ").
Whereas, the owner of record is the legal owner of the real property located at 4329 Main Street N.E.
Columbia Heights, Minnesota.
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 water was shut off and determined uninhabitable as of 10/14/14 by the City Building
Official.
2. That on October 22, 2014 the Fire Department responded to a complaint at the address listed
above. Inspectors noted that the structure was unsecured.
That on October 22, 2014 the Fire Chief ordered that Advance Companies secure the vacant
structure.
4. That based upon said records of the Fire Department, the following conditions and violations of
City Codes(s) were found to exist and have been abated, to wit:
A. Emergency Abatement of the hazardous situation located at 4329 Main Street N.E.
CONCLUSIONS OF COUNCIL
1. That the property located at 4329 Main Street N.E. is in violation of the Columbia Heights City
Code as set forth above.
2. That the emergency abatement of the hazardous situation located at 4329 Main Street N.E. is
hereby approved.
ORDER OF COUNCIL
1. The property located at 4329 Main Street N.E. constitutes a nuisance pursuant to City Code.
Passed this 27 day of October 2014
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Katie Bruno, City Clerk
63
CITY COUNCIL LETTER
Meeting of. October 27 2014
AGENDA SECTION:
ORIGINATING DEPT.:
CITY MANAGER
NO: Public Hearing
Community Development
APPROVAL
ITEM: Ordinance No. 1616 Tobacco License —
BY: Joe Hogeboom and
BY:
2"d Consideration
Loren Wickham
DATE: September 24, 2014
Background:
On April 14, 2014 the City Council established a moratorium on the issuance of new tobacco shop licenses,
allowing staff time to evaluate its regulations and ensure compliance with State Law. It has been discovered that
the City's policy to allow smoking lounges, under the description of "smoke shops" that allow continuous and
excessive "sampling," is in direct conflict with the intent of the Minnesota Clean Indoor Air Act.
For this reason, it would be advisable to immediately prohibit all indoor smoke sampling and begin enforcement.
However, with respect to the current business owners, staff has suggested that a sunset provision be provided
which allows for sampling to continue through January 1, 2016. This would allow time for smoke shop owners
to adjust their business models in a way that conforms to Minnesota State Law.
In addition to addressing the issue of sampling, the attached ordinance also regulates the sale (not use) of
electronic smoking devices, per a State Law that was enacted in July, as well as permanently reduces the amount
of smoke shop licenses from five to four. Staff is not recommending to exceed State Law, as has been done in
other suburban communities, but rather to bring our regulations up to meet the minimum requirements of the
Minnesota Clean Indoor Air Act.
If there are concerns about moving forward with sampling restrictions, we could look at options to grandfather in
the existing businesses. However, doing so would require a new reading of the ordinance. If this is the direction
with which Council chooses to proceed, the current ordinance could be approved this evening to eliminate the
fifth smoke shop license as well as implement the new electronic cigarette sale provisions. At the direction of
Council, sampling could be struck from the current ordinance and addressed at a later time.
Recommendation: Staff recommends adoption of Ordinance No. 1616 as written with the knowledge that this
document has been reviewed and approved for language by the City Attorney.
Recommended Motion:
Motion: Move to waive the reading there being ample copies available to the public.
Motion: Move to approve Ordinance No. 1616 upon second consideration.
Attachments: Ordinance No. 1616, Memo from Minnesota Department of Health
COUNCIL ACTION:
64
ORDINANCE NO. 1616
BEING AN ORDINANCE AMENDING ORDINANCE NO. 1570, CITY CODE OF
2009 RELATING TO THE USE OF TOBACCO LICENSE REQUIREMENTS WITHIN
THE CITY OF COLUMBIA HEIGHTS
The City of Columbia Heights does ordain:
Chapter 5, Article III, Section 5.301 of the Columbia Heights City Code, which currently
reads to wit:
§ 5.301 PURPOSE AND INTENT.
Because the city recognizes that many persons under the age of 18 years purchase or
otherwise obtain, possess and use tobacco, tobacco products, and tobacco related devices,
and such sales, possession, and use are violations of both state and federal laws; and
because studies, which the city hereby accepts and adopts, have shown that most smokers
begin smoking before they have reached the age of 18 years and that those persons who
reach the age of 18 years without having started smoking are significantly less likely to
begin smoking; and because smoking has been shown to be the cause of several serious
health problems which subsequently place a financial burden on all levels of government;
this article shall be intended to regulate the sale, possession and use of tobacco, tobacco
products, and tobacco related devices for the purpose of enforcing and furthering existing
laws, to protect minors against the serious effects associated with the illegal use of
tobacco, tobacco products, and tobacco related devices and to further the official public
policy of the state in regard to preventing young people from starting to smoke as stated
in M.S. § 144.391, as it may be amended from time to time.
(Ord. 1371, passed 5- 11 -98)
Is thereby amended to read as follows:
§ 5.301 PURPOSE AND INTENT.
Because the city recognizes that many persons under the age of 18 years purchase or
otherwise obtain, possess and use tobacco, tobacco products, tobacco related devices,
electronic cigarette devices, and such sales, possession, and use are violations of both
state and federal laws; and because studies, which the city hereby accepts and adopts,
have shown that most smokers begin smoking before they have reached the age of 18
years and that those persons who reach the age of 18 years without having started
smoking are significantly less likely to begin smoking; and because smoking has been
shown to be the cause of several serious health problems which subsequently place a
financial burden on all levels of government; this article shall be intended to regulate the
sale, possession and use of tobacco, tobacco products, tobacco related devices and
electronic cigarette devices for the purpose of enforcing and furthering existing laws, to
protect minors against the serious effects associated with the illegal use of tobacco,
tobacco products, tobacco related devices and electronic cigarette devices and to further
the official public policy of the state in regard to preventing young people from starting
to smoke as stated in M.S. § 144.391, as it may be amended from time to time.
65
(Ord. 1371, passed 5- 11 -98)
Chapter 5, Article III, Section 5.302 of the Columbia Heights City Code, which currently
reads to wit:
§ 5.302 DEFINITIONS.
Except as may otherwise be provided or clearly implied by context, all terms shall be
given their commonly accepted definitions. For the purpose of this article, the following
definitions shall apply unless the context clearly indicates or requires a different meaning.
COMPLIANCE CHECKS. The system the city uses to investigate and ensure that
those authorized to sell tobacco, tobacco products, and tobacco related devices are
following and complying with the requirements of this article. Compliance checks shall
involve the use of minors as authorized by this article. Compliance checks shall also
mean the use of minors who attempt to purchase tobacco, tobacco products, or tobacco
related devices for educational, research and training purposes as authorized by state and
federal laws. Compliance checks may also be conducted by other units of government
for the purpose of enforcing appropriate federal, state or local laws and regulations
relating to tobacco, tobacco products, and tobacco related devices.
SAMPLING, TOBACCO. The lighting, inhalation, or combination thereof of tobacco,
tobacco paraphernalia, or tobacco - related products for the purpose of testing a tobacco
product prior to the sale of such product.
TOBACCO or TOBACCO PRODUCTS. Any substance or item containing tobacco leaf,
including but not limited to cigarettes, cigars, pipe tobacco, snuff, fine cut or other
chewing tobacco, cheroots, stogies, perique, granulated, plug cut, crimp cut, ready -
rubbed, and other smoking tobacco, snuff flowers, cavendish, shorts, plug and twist
tobaccos, dipping tobaccos, refuse scraps, clippings, cuttings, and sweepings of tobacco,
and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for
chewing, sniffing or smoking.
Is thereby amended to read as follows:
§ 5.302 DEFINITIONS.
Except as may otherwise be provided or clearly implied by context, all terms shall be
given their commonly accepted definitions. For the purpose of this article, the following
definitions shall apply unless the context clearly indicates or requires a different meaning.
COMPLIANCE CHECKS. The system the city uses to investigate and ensure that
those authorized to sell tobacco, tobacco products, tobacco related devices and electronic
cigarette devices are following and complying with the requirements of this article.
Compliance checks shall involve the use of minors as authorized by this article.
Compliance checks shall also mean the use of minors who attempt to purchase tobacco,
tobacco products, or tobacco related devices and electronic cigarette devices for
educational, research and training purposes as authorized by state and federal laws.
Compliance checks may also be conducted by other units of government for the purpose
of enforcing appropriate federal, state or local laws and regulations relating to tobacco,
tobacco products, and tobacco related devices.
SAMPLING, TOBACCO. The lighting, inhalation, or combination thereof of tobacco,
tobacco paraphernalia, of tobacco - related products, or electronic cigarette devices for the
purpose of testing a tobacco, smoking or vaping a product prior to the sale of such
66
product. Sampling shall be restricted to outdoor areas. As of January 1, 2016, no
Sampling shall be permitted within a building at any time.
TOBACCO or TOBACCO PRODUCTS. Any substance or item containing tobacco leaf,
including but not limited to cigarettes, cigars, pipe tobacco, snuff, fine cut or other
chewing tobacco, cheroots, stogies, perique, granulated, plug cut, crimp cut, ready -
rubbed, and other smoking tobacco, snuff flowers, cavendish, shorts, plug and twist
tobaccos, dipping tobaccos, refuse scraps, clippings, cuttings, and sweepings of tobacco,
and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for
chewing, sniffing or smoking. Tobacco products shall also refer to electronic cigarettes,
vapor devices and related products.
Chapter 5, Article III, Section 5.303 of the Columbia Heights City Code, which currently
reads to wit:
§ 5.303 LICENSES.
(B) Smoke shop license. No person shall operate a smoke shop without first having
obtained a smoke shop license to do so from the city. At any given time, there shall be
no more than five smoke shops, all with appropriate licenses, throughout the city.
Currently existing smoke shop establishments should be granted the first preference to
renew their smoke shop license if they choose to do so.
Is thereby amended to read as follows:
§ 5.303 LICENSES.
(B) Smoke shop license. No person shall operate a smoke shop without first having
obtained a smoke shop license to do so from the city. At any given time, there shall be
no more than four smoke shops, all with appropriate licenses, throughout the city.
Currently existing smoke shop establishments should be granted the first preference to
renew their smoke shop license if they choose to do so. Effective January 1, 2016 indoor
sampling for all smoke shops shall be prohibited.
For the purpose of this article, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
This ordinance shall be in full force and effect from and after 30 days after its
passage.
First Reading: October 13, 2014
Second Reading: October 27, 2014
Date of Passage:
Offered by:
Seconded by:
Roll Call:
67
Mayor Gary L. Peterson
Attest:
Katie Bruno
City Clerk
68
W E S O T A
NToFHEAITH
Protecting, maintaining and improving the health of all Minnesotans
October 6, 2014
Loren Wickham, Assistant Community Development Director
City of Columbia Heights
590 40th Ave NE
Columbia Heights, MN 55421 -3678
Dear Mr. Wickham:
Subject: Smoking lounges and Minnesota Clean Indoor Air Act ( MCIAA) compliance
This letter serves as an explanation of the Minnesota Department of Health's (MDH) position on
smoking lounges and compliance with the MCIAA. MDH has arrived at the following position
after carefully reviewing the MCIAA statutory language. In order to make clear the requirements
in state law, in June of 2012 MDH sent this information to all establishments that were identified
by local officials as a dedicated indoor smoking lounge.
Businesses whose primary purpose is to provide a place for customers to smoke are violating the
MCIAA. While the MCIAA does contain a provision that allows customers or potential
customers to light tobacco in dedicated retail tobacco stores "for the specific purpose of
sampling... ", this exemption does not apply to dedicated smoking lounges. The authors of the
Freedom to Breathe amendments to the MCIAA intended the exemption to allow customers to
try out a portion of a tobacco product in a tobacco store to determine if they'd like to purchase a
larger quantity of the product to smoke elsewhere.
Establishments electing to continue allowing indoor smoking in violation of the MCIAA may be
subject to formal enforcement procedures. The MCIAA regulations allow for both criminal and
civil enforcement actions, including but not limited to, civil administrative penalties of up to
$10,000 per violation and injunctive relief.
For more information on the MCIAA, contact the Minnesota Department of Health at 651 -201-
4601 or 1- 800 - 798 -9050, by email mciaa @state.mn.us or visit our website at:
http: / /www.health. state.mn.us/ divs /eh/mdoorair /melaa/ftb /mdex.html
Sincerely,
Daniel C. Tranter, Supervisor
Indoor Air Unit
Minnesota Department of Health
PO Box 64975
St. Paul, MN 55164 -0975
General Information: 651- 201 -5000 • Toll-free: 888-345-0823 • www.health.state.mn.us
An equal opportunity employer 69
- 0COLUMBIA
CH HEIGHTS
REDISCOVER THE HEIGHTS
NOTICE
THE PLANNING AND ZONING
COMMISSION REGULARLY SCHEDULED
MEETING OF TUESDAY, JANUARYS TH 1p
2016
HAS BEEN CANCELLED
1 -5 -16
bC COLUMBIA
HEIGHTS
REDISCOVER THE HEIGHTS
NOTICE
THE PLANNING AND ZONING
COMMISSION REGULARLY SCHEDULED
MEETING OF TUESDAY, JANUARY 5TH,
2016
HAS BEEN CANCELLED
1 -5 -16