HomeMy WebLinkAbout02-22-2016 CCPThe following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday,
February 22, 2016 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.)
1. CALL TO ORDER
2. ROLL CALL
3. INVOCATION - Dan Thompson, Heights Church
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
1. Update from SACA
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 3
MOTION: Move to approve the minutes of the City Council meeting of February 8, 2016
MOTION: Move to approve the minutes of the City Council Public Improvement Hearings of February 1, 2016
B. Solar Gardens Subscriptions pg 13
MOTION: Move to sign a Letter of Intent for entering into a 25 year contract with US Solar Corporation of
Minneapolis, MN for a flat rate subscription and authorize the Mayor and City Manager to enter into an
agreement for the same.
C. Approve Gambling Permit, First Lutheran Church, Bingo Event on March 18, 2016 pg 17
MOTION: Move to waive the $25 permit fee for the First Lutheran Church one -time charitable gambling
permit.
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 First Lutheran Church to
City of Columbia Heights February 22, 2016
City Council Agenda Page 2
conduct bingo at their event being held March 18, 2016 at 1555 40th Avenue 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. Consideration of approval of attached list of rental housing applications. pg 21
MOTION: Move to approve the items listed for rental housing license applications for February 22, 2016, in
that they have met the requirements of the Property Maintenance Code.
E. Adopt Resolution 2016 -20, Authorizing Fire Department Mutual Aid Agreement with Minnesota DNR pg 23
MOTION: Move to waive the reading of Resolution No. 2016 -20, there being ample copies available to the
public.
MOTION: Move to adopt Resolution No. 2016 -20, being a Resolution authorizing a Fire Department mutual
aid agreement with the Minnesota Department of Natural Resources.
F. Approve Business License Applications pg 32
MOTION: Move to approve the items as listed on the business license agenda for February 22, 2016.
G. Payment of Bills pg 34
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 160101 through 160274 in the amount of $ 643,069.85.
MOTION: Move to approve the Consent Agenda items.
8. PUBLIC HEARINGS pg 42
A. Repeat Nuisance Call Service Fee Appeal — 4927 University Avenue NE
MOTION: Move to uphold the $250 Nuisance Call for Service Fee imposed on Bill Cullen, owner of 4927
University Avenue NE.
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. AD10U NMENT
A
Walt Fehst, City Manager
OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
FEBRUARY 8, 2016
The following are the minutes for the regular meeting of the City Council held at 7:00 PM on Monday
February 8, 2016 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights,
Minnesota
1. CALL TO ORDER
Mayor Peterson called the meeting to order at 7:05 p.m.
2. ROLL CALL
Present: Mayor Peterson, Councilmembers Nawrocki, Schmitt, Williams and Murzyn, Jr.
Also Present: Walt Fehst; City Manager, Jim Hoeft; City Attorney, Kevin Hansen; Public Works Director,
Renee Dougherty; Library Director, Liz Bray; Recreation Program Director and Katie Bruno; City
Clerk /Council Secretary
3. INVOCATION
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.)
Councilmember Nawrocki announced the recent passing of John Stopka, who served as Mayor in the
1950's. Mayor Stopka was at the time, the youngest Mayor in the United States, 22 years old.
Councilmember Nawrocki also announced Jean Guzy, wife of Bob Guzy recently passed away. The Guzy's
were both very active in the community.
Mayor Peterson congratulated Principal Jane Bona, Immaculate Conception School, who was recently
named the "Catholic School Principal of the Year."
6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS
1. Introduction of winners from the 10th Annual Sister City Young Artist Showcase.
First Place: Nathan Smoka "Unity" , Runners Up: Mona Reddad "Reliance" and Sherouk Mohamed "Peace
Through Touch." Dolores Strand, representing Sister Cities gave an announcement during Citizens Forum.
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 January 25, 2016
3
B. Accept Board and Commission Meeting Minutes
MOTION: Accept Traffic Commission minutes from January 4, 2016.
MOTION: Accept Unapproved Traffic Commission minutes from February 1, 2016.
MOTION: Accept Library Board minutes from January 6, 2016.
C. Resolution 2016 -16 Approving Plans And Specifications And Ordering Advertisement For Bids For
45th Avenue Improvements. Manger Fehst noted this was approved at the February 1, 2016 Public
Hearing.
MOTION: Move to waive the reading of Resolution 2016 -16 there being ample copies available to the
public.
MOTION: Move to adopt Resolution 2016 -16 approving Plans and Specifications and ordering
Advertisement for Bids for 45th Avenue Improvements, City Project 1607.
D. Resolution 2016 -17 Approving Plans And Specifications And Ordering Advertisement For Bids For Seal
Coat Improvements. Manger Fehst noted this was approved at the February 1, 2016 Public Hearing.
MOTION: Move to waive the reading of Resolution 2016 -17, there being ample copies available to the
public.
MOTION: Move to adopt Resolution 2016 -17 approving Plans and Specifications and ordering
Advertisement for Bids for Seal Coat Improvements, City Project 1501.
E. Resolution 2016 -18 Approving Plans And Specifications And Ordering Advertisement For Bids For
Central Avenue Median Reconstruction At Library
MOTION: Move to waive the reading of Resolution 2016 -18, there being ample copies available to the
public.
MOTION: Move to adopt Resolution 2016 -18 approving Plans and Specifications and ordering
Advertisement for Bids for Central Avenue Median Reconstruction, City Project 1410.
F. Remove The "No Parking Saturday 4 Pm To 6 Pm" And "No Parking Sunday 6 Am To Noon"
Designations On The East Side Of Jackson Street. Manger Fehst noted the Traffic Commission considered
this request at their February meeting.
MOTION: Move to remove the "No Parking Saturday 4 PM to 6 PM" and "No Parking Sunday 6 AM to
Noon" designations on the east side of Jackson Street from 41st Avenue to approximately 230' south of
41st Avenue.
G. Consideration of Radio Frequency Identification Implementation.
Manger Fehst noted this is subject to the Library Foundation granting the money to the City to purchase
the necessary equipment.
Councilmember Schmitt questioned how long the process will take. Renee Dougherty, Library Director
reported she anticipates working on the project the entire month of March. The library has about 75,000
items to tag. Councilmember Schmitt asked if volunteers are needed. Dougherty stated volunteers are
welcome.
Councilmember Nawrocki questioned if the grant from the Library Foundation is a single dotation, or on-
going. Dougherty responded that the $63,000 is to cover the costs of three self -check stations, security
gates, staff equipment and all of the tags for materials. A three year service contract is also included. The
service contract will cost approximately $5,000 annually.
MOTION: Move to award a contract for purchase and installation of security gates, staff workstations, self -
check stations, RFID tags for books and media discs, one month rental of a conversion station, and a 3 -year
maintenance contract on the system to Bibliotheca (formerly 3M Library Systems) for a base cost of
4
$63,509 contingent upon receiving a grant from the Columbia Heights Foundation Library Foundation for
the entire cost of the project ; and furthermore to authorize the Mayor and City Manager to enter into a
contract for the same.
H. Consideration of the Minnesota Court Data Services Master Subscriber Agreement. Manger Fehst
noted this system has been enacted by Anoka County; there is no cost to Columbia Heights.
Councilmember Schmitt asked who will be authorized to access the information. City Attorney Jim Hoeft
stated he would have access in addition to his para- legal.
MOTION: Move to waive the reading of Resolution 2016 -19, there being ample copies available to the
public
MOTION: Approve Resolution 2016 -19 and authorize the City Manager to sign the Master Subscriber
Agreement between the City of Columbia Heights and the Minnesota Court Data Services Division for the
purposes of the City Attorney being able to access court records.
1. Approve Business License Applications
MOTION: Move to approve the items as listed on the business license agenda for February 8, 2016.
J. Payment of Bills
MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8, the City Council has received
the list of claims paid covering check number 159949 through 160100 in the amount of $ 811,686.89.
Motion by Councilmember Nawrocki, seconded by Councilmember Schmitt to approve the Consent Agenda
as presented. All Ayes, Motion Carried.
8. PUBLIC HEARINGS
None
9. ITEMS FOR CONSIDERATION
None
10. ADMINISTRATIVE REPORTS
Report of the City Manager
City Manager Fehst reported there are currently vacancies on the Planning & Zoning Commission and the
Traffic Commission, two applications have been received. Councilmember Nawrocki suggested advertising
the vacancies in the upcoming City Newsletter. Councilmember Schmitt reported she thinks Eric Penniston
would be a good addition to the Planning & Zoning commission. Schmitt also reported she has talked to the
Traffic Commission regarding their vacancy, and they think Adam Schill would be a good addition.
Mayor Peterson asked if the council would like to interview the applicants, at their February 22'd meeting.
Councilmember Nawrocki suggested letting the public know the application process. City Manager Fehst
announced interested applicants should contact the City Clerk.
Councilmember Nawrocki asked for an update regarding doing business with Financial One Credit Union.
City Manager Fehst indicated he hasn't an update at this time, noting he Finance Director is looking into it.
Report of the City Attorney
Mr. Hoeft reported the City was recently sued for violations pertaining to the rental license program. We
were recently informed The Federal Judge granted summary judgment in favor of the City on all counts.
Hoeft reported the City has spent a lot of time and effort with the Rental License Program, and it is
something to be proud of.
11. CITIZENS FORUM
Dolores Strand —1145 Polk Place reported that the recent Sister Cities Showcase for Young Artist was held
January 26th, 45 pieces of art were showcased. The three winners were announced, and their artwork was
displayed for the council.
Pat Sowada — 4990 Johnson Street reported she works with the elementary students for a greeting card
exchange with students in Lomianke.
Diane Mayer- 4821 2nd Street expressed concern with the property at 40th and University, reporting that
seven cars have been parked for a long period of time, and snow has not been cleared from the sidewalk.
Councilmember Nawrocki stated the Building Department has reported the property owners have been
making some progress, noting it appears to be slow progress.
City Manager Walt Fehst commented that as long as work continues, there are no violations. Mayor
Peterson stated he will ask the Police and Community Development Departments look into it.
City Manager Walt Fehst stated he will have an update included in the upcoming Greensheet.
Public Works Director Kevin Hansen reported the library project is on schedule for a May 30th completion.
Councilmember Nawrocki noted it will be important to coincide the closing of the current library with the
opening of the new library.
Mayor Peterson reported the Fire and Ice Plunge was once again a huge success, likely raising more money
than past events.
12. ADJOURNMENT
Mayor Peterson reminded us to remember our service men and women, and our police officers and fire
fighters, and to keep them in our thoughts and prayers.
Meeting adjourned at 7:50 p.m.
Respectively Submitted,
Katie Bruno, Council Secretary /City Clerk
2016 -16
A resolution of the City Council for the City of Columbia Heights, Minnesota,
Whereas, on behalf of the City of Columbia Heights, the City of Fridley has prepared plans and specifications for
2016 Street Resurfacing project including 45"Avenue from Main Street to the dead end at University Avenue;
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. Such plans and specifications identified as City of Fridley 2016 Street Resurfacing (Columbia Heights Project
Number 1607) are hereby approved.
2. The City of Fridley shall prepare and cause to be inserted in their official paper and in a trade journal an
advertisement for bids upon the making of such improvement under such approved plans and specifications.
The advertisement shall be published a minimum of three weeks prior to the bid opening, shall specify the
work to be done, shall state that bids will be received by representatives of the City Councils of Fridley and
Columbia Heights until such date and time indicated in the advertisement for bids, at which time they will be
publicly opened at the place designated, will then be tabulated and will be considered by the Columbia Heights
City Council on Monday, March 28, 2016 in the Council Chambers. Any bidder whose responsibility is
questioned during consideration of the bid will be given an opportunity to address the council on the issue of
responsibility. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash
deposit, bid bond, or certified check payable to the City of Columbia Heights for 5 percent of the amount of
such bid.
,n1 A -17
A resolution of the City Council for the City of Columbia Heights, Minnesota,
Whereas, on behalf of the City of Columbia Heights, the City of Coon Rapids has prepared plans and specifications
for 2016 Street Maintenance Program including Seal Coat Improvements for Zone 7B streets bounded by
California /Main Street on the west, University Avenue on the east, 37th Avenue on the south and 45th Avenue on the
north;
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. Such plans and specifications identified as City of Coon Rapids 2016 Street Maintenance Program (Columbia
Heights Project Number 1501) are hereby approved.
2. The City of Coon Rapids shall prepare and cause to be inserted in their official paper and in a trade journal an
advertisement for bids upon the making of such improvement under such approved plans and specifications.
The advertisement shall be published a minimum of three weeks prior to the bid opening, shall specify the
work to be done, shall state that bids will be received by representatives of the City Councils of Coon Rapids
and Columbia Heights until 10:00 a.m. on Friday, March 11, 2016, at which time they will be publicly opened at
the place designated, will then be tabulated and will be considered by the Columbia Heights Council on
Monday, March 28, 2016 in the Council Chamber. Any bidder whose responsibility is questioned during
consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No
bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, bid bond, or
certified check payable to the City of Columbia Heights for 5 percent of the amount of such bid.
2016 -18
A resolution of the City Council for the City of Columbia Heights, Minnesota,
Whereas, the City Engineer has prepared plans and specifications for Central Avenue Median Reconstruction, City
Project 1410 for the following:
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. Such plans and specifications identified as Central Avenue Median Reconstruction, City Project 1410, are
hereby approved.
2. The City Clerk shall prepare and cause to be inserted in the official paper and in a trade journal an
advertisement for bids upon the making of such improvement under such approved plans and specifications.
The advertisement shall be published a minimum of ten days prior to the bid opening, shall specify the work to
be done, shall state that bids will be received by representatives of the City Council of Columbia Heights until
10:00 a.m. on Tuesday, March 22, 2016 at which time they will be publicly opened at the place designated, will
then be tabulated and will be considered by the City Council on Monday, March 28, 2016 in the Council
Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an
opportunity to address the council on the issue of responsibility. No bids will be considered unless sealed and
filed with the clerk and accompanied by a cash deposit, bid bond, or certified check payable to the City of
Columbia Heights for 5 percent of the amount of such bid.
2016 -19
A RESOLUTION AUTHORIZING EXECUTION OF MASTER SUBSCRIBER
AGREEMENT FOR MINNESOTA COURT DATA SERVICES FOR GOVERNMENTAL AGENCIES
WHEREAS, Anoka County, Minnesota Criminal /Traffic Court is converting to paperless court files and it
is necessary for municipal prosecutors to access electronic filings through the "Fast Access" for the purpose of
accessing court records and court documents at the court facility and detention area, as designated by County
Court Administrator, in cases scheduled on the first appearance, bail hearing, and arraignment calendars
where prosecutors and defense attorneys typically do not have a case file and need access to the documents
filed with the court; and
WHEREAS, access to the necessary court records and filings is through and authorized by the State of
Minnesota Office of State Court Administration; and
WHEREAS, in order to obtain access to the court records it is necessary to execute a Master Subscriber
Agreement for Minnesota Court Data Services for governmental agencies.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS,
MINNESOTA:
1. That the City Council hereby approves the aforesaid Master Subscriber Agreement for the City Attorney's
Office and hereby authorizes execution of the same by the City Manager.
2. That the City Council hereby determines that the Paralegal in the City Attorney's Office shall serve as the
Agency Account Manager on behalf of the City of Columbia Heights.
OFFICIAL O
CITY OF COLUMBIA HEIGHTS
IMPROVEMENT SPECIAL CITY COUNCIL MEETING-PUBLIC
FEBRUARY I ,
The following are the minutes for the Public Improvement Hearing meeting of the City Council held at 6:30
PM on Monday February 1, 2016 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia
Heights, Minnesota
1. CALL TO ORDER
Mayor Peterson called the meeting to order at 6:35 p.m.
2. ROLL CALL
Present: Mayor Peterson, Councilmembers Nawrocki, Schmitt and Murzyn, Jr. (arrived at 6:37 p.m.)
Also Present: Walt Fehst; City Manager, Kevin Hansen; Public Works Director, Kathy Young; Assistant City
Engineer, Katie Bruno; City Clerk /Council Secretary
3. PLEDGE OF ALLEGIANCE
4. PUBLIC IMPROVEMENT HEARING: 2016 SEAL COAT PROGRAM.
Director of Public Works, Kevin Hansen gave an overview of the seal coating process. Director Hansen
explained seal coating is 100% assessed against abutting properties. Columbia Heights uses a per - parcel
cost, all single family parcels pay the same amount. Director Hansen clarified that the purpose of tonight's
meeting is to determine whether or not to proceed with the project.
The City's policy for seal coating indicates the City will pay for seal coating on those projects that have had
major improvements done within the past eight years.
Councilmember Nawrocki questioned if some residents will have two assessments. Director Hansen
confirmed some residents will have assessments for the partial reconstruct and the seal coat projects.
Motion by Councilmember Murzyn, Jr., seconded by Councilmember Schmitt to close the Public Hearing of
the 2016 Street Seal Coat, Project 1501. All Ayes, Motion Carried.
Motion by Councilmember Murzyn, Jr., seconded by Councilmember Schmitt to waive the reading of
Resolution 2016 -14, there being ample copies available for the public. All Ayes, Motion Carried.
Motion by Councilmember Murzyn, Jr., seconded by Councilmember Schmitt to adopt Resolution 2016 -14
being a resolution ordering improvement and preparation of plans for Zone 7B Street Seal Coating, City
Project 1501. All Ayes, Motion Carried.
S. ADJOURNMENT
Meeting adjourned at 6:45 p.m.
Respectively Submitted,
Katie Bruno, Council Secretary /City Clerk
RESOLUTION NO. 2016 -14
A resolution of the City Council for the City of Columbia Heights, Minnesota,
Whereas, pursuant to Resolution 2015 -94, adopted by the City Council on November 23, 2015, fixed a date for a Council hearing on
the proposed improvements in the Zone 7B area bounded by California Street /Main Street and University Avenue from 37th Avenue
to 45th Avenue, and
Whereas, ten days' mailed notice and two published notices of the hearing a week apart were given, and the hearing was held
thereon the 1St day of February, 2016, at which time all persons desiring to be heard were given an opportunity to be heard thereon,
and
Whereas, the Council determines to proceed with this local improvement, a portion of the cost being defrayed by special
assessments under Charter provisions,
1501 SEAL COAT
That the location and extent of such improvements is as follows:
2nd Street
40th Avenue to 43rd Avenue
2nd Street
44th Avenue to 45th Avenue
2% Street
44th Avenue to 45th Avenue
3rd Street
40th Avenue to 42nd Avenue
3rd Street
44th Avenue to 45th Avenue
39th Avenue
Main Street to 2nd Street
41ST Avenue
Main Street to 3rd Street
42nd Avenue
Main Street to 2nd Street
43rd Avenue
Main Street to 2nd Street
Work includes spot concrete curb and gutter replacement, edge milling, bituminous surface patching and seal coat application.
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
Such improvement is necessary, cost - effective and feasible as detailed in the feasibility report.
Such improvement is hereby ordered as proposed in the Council Resolution adopted the 23rd day of November, 2015.
These improvements shall also be known as Project No. 1501 and PIR: 2016 -Z7 -01 -001.
The City Engineer, Kevin Hansen, is hereby designated as the engineer for this improvement. The engineer shall prepare plans and
specifications for the making of such improvement.
IE
1 ,
1
FEBRUARY 2016
The following are the minutes for the Public Improvement Hearing meeting of the City Council held at 6:45
PM on Monday February 1, 2016 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia
Heights, Minnesota
1. CALL TO ORDER
Mayor Peterson called the meeting to order at 6:46 p.m.
2. ROLL CALL
Present: Mayor Peterson, Councilmembers Nawrocki, Schmitt and Murzyn, Jr.
Also Present: Walt Fehst; City Manager, Kevin Hansen; Public Works Director, Kathy Young; Assistant City
Engineer, Katie Bruno; City Clerk /Council Secretary
3. PLEDGE OF ALLEGIANCE
4. PUBLIC IMPROVEMENT HEARING: 2016 STREET REHABILITATION PROGRAM FOR ZONE 2 & 45TH
AVENUE
Director of Public Works, Kevin Hansen reported an informational meeting was held on January 26, 2016.
The proposed improvements were explained. Director Hansen clarified that the purpose of tonight's
meeting is to determine whether or not to proceed with the improvements. Hansen reported that in 1997
the City began its street rehabilitation program, dividing the city into seven zones, working on one zone
annually.
A rating analysis is completed to determine which streets in a particular zone are in need of repair.
Hansen explained costs are estimated at this time, it was noted costs have historically been at or below
proposed. Councilmember Nawrocki clarified that the costs for the work on 45th will be shared with the
City of Fridley.
Mayor Peterson opened the Public Hearing at 7:04 p.m.
Todd Korby -4446 2nd St NE asked about repayment options. Director Hansen explained the seal coat
portion is paid back in one year, while the street project can be paid pack over a period of ten years, final
cost being determined at the assessment hearing.
Eleazar Aragon Torres -1915 41St Ave NE questioned if the project will be an overlay only. Director Hansen
explained it will be a mill and overlay, with repairs being made to the curb. Hansen noted the road will
likely be accessible the majority of the time.
Scott Skia — 4320 Tyler St NE had questions regarding the assessment amounts. Director Hansen explained
they will be charged the Avenue Rate.
Motion by Councilmember Murzyn, Jr., seconded by Councilmember Nawrocki to close the Public Hearing.
All Ayes, Motion Carried.
Motion by Councilmember Murzyn, Jr., seconded by Councilmember Nawrocki to waive the reading of
Resolution 2016 -15, there being ample copies available for the public. All Ayes, Motion Carried. 11
Motion by Councilmember Murzyn, Jr., seconded by Councilmember Schmitt to adopt Resolution 2016 -15
being a resolution ordering improvement and preparation of plans for Zone 2 Street Rehabilitation, City
Projects 1602 and 1607. All Ayes, Motion Carried.
S. ADJOURNMENT
Meeting adjourned at 7:13 p.m.
Respectively Submitted,
Katie Bruno, Council Secretary /City Clerk
RESOLUTION NO. 2016-15
A resolution of the City Council for the City of Columbia Heights, Minnesota,
Whereas, Resolution 2015 -99 of the Columbia Heights City Council adopted the 14h day of December, 2015, fixed a
date for a Council hearing on the proposed improvement bounded by Reservoir Boulevard on the west, Stinson
Boulevard on the east, 45th Avenue on the north, and 37th Avenue on the south, together with 45th Avenue from
Main Street to Dead end at University Avenue, and
Whereas, ten days' mailed notice and two published notices of the hearing a week apart were given, and the
hearing was held thereon the 1St day of February, 2016, at which time all persons desiring to be heard were given
an opportunity to be heard thereon, and
Whereas, the Council determines to proceed with this local improvement, a portion of the cost being defrayed by
special assessments under Charter provisions,
1602 AND 1607 STREET REHABILITATION
43'd Avenue, Reservoir Boulevard to Arthur Street
41St Avenue, Reservoir Boulevard to Stinson Boulevard
45th Avenue, Main Street to Dead end at University Avenue
Work includes required utility reconstruction /repair, new granular sub -base if needed, new aggregate base on 43`d
Avenue and reclaimed base on 45th Avenue, spot replacement of curb and gutter with required concrete or bituminous
driveway and walk /step replacement, new bituminous surfacing, sod restoration, miscellaneous construction items, and
appurtenances.
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
Such improvement is necessary, cost - effective and feasible as detailed in the Feasibility Report.
Such improvement is hereby ordered as proposed in the Council Resolution adopted the 14th day of December,
2015.
These improvements shall also be known as Project No. 1602, PIRs: 2016 -Z2 -03 -001 and 2016 -Z2 -44 -001 and
Project No. 1607, PIR 2016 -Z2 -03 -002.
The City Engineer, Kevin Hansen, is hereby designated as the engineer for this improvement. The engineer shall
prepare plans and specifications for the making of such improvement.
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AGENDA SECTION
CONSENT
ITEM NO.
7B
MEETING DATE
FEBRUARY 22, 2016
ITEM:
FSO LAR GARDENS SUBSCRIPTIONS
DEPARTMENT: Public Works
CITY MANAGER'S APPROVAL:
BY /DATE: Kevin Hansen / February 17, 2016
BY /DATE:
I
BACKGROUND:
When initially presenting on solar power for the City, staff discussed three options with the council:
• MIM —Made in Minnesota Program
• Rooftop Solar
• Community Gardens
In January the council approved solar contracts under the first two programs for four City buildings; Top
Valu I, Public Safety, Public Works, and the new Library.
Earlier in 2015, a consortium of government entities that included 31 cities formed to evaluate community
gardens in the metro area. In July of 2015 the consortium formed a lottery for solar garden subscriptions
led by the Metropolitan Council, Hennepin County, Ramsey County, and the City of Minneapolis. The
lottery process was completed in January of 2016. The City of Columbia Heights was awarded (4) 200kW
subscriptions with two different developers, 400kW with US Solar and 400kw with Geronimo Energy. Both
subscriptions are for 25 years with no renewal and require a Letter of Intent signed by February 29, 2016.
Solar gardens are similar to rooftop solar except the gardens can be physically located in the same county
as the city or an adjoining county. The gardens are 1 megawatt in size and each garden may have multiple
subscribers. The City would receive a monthly credit from Xcel Energy and pay the developer monthly.
There is no out -of- pocket cost to the City for either subscription.
Xcel Energy electric rates have increased an average of 2.65% over the past 13 years. The two developers
each have different subscription contracts which are outlined below.
US Solar subscription is a flat rate subscription. This means that we would pay the same monthly rate
throughout the 25 year contract to the developer. Attached is a pro forma with different yearly rate
increases highlighted in yellow. Depending on rate increases, the City could. save $600,000 to $900,000
over the 25 year period.
Geronimo Energy subscription is a monetary discount from the bill, a credit of $0.01 for every kW
generated by the solar garden. This would remain the same throughout the contract. The pro forma is
attached. This would save the city $158,201 in the 25 year period of the contract.
STAFF RECOMMENDATION:
There are no upfront costs to the City in either of the subscriptions above. A third party investor purchases,
installs, and operates the systems. The City then purchases the renewable energy at a reduced rate.
13
City of Columbia Heights - Council Letter
Page 2
Staff recommends signing a Letter of Intent for entering into a contract with US Solar based upon the
review of the subscription contract, the average rate increases in the cost of electricity by Xcel Energy, and
the monetary benefit to the City.
RECOMMENDED MOTION(S): Move to sign a Letter of Intent for entering into a 25 year contract with US
Solar Corporation of Minneapolis, MN for a flat rate subscription and authorize the Mayor and City
Manager to enter into an agreement for the same.
ATTACHMENT(S): US Solar Pro forma
Geronimo Energy Pro forma
14
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16
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AGENDA SECTION
CONSENT
ITEM NO.
7C
MEETING DATE
FEBRUARY 22, 2016
CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER
ITEM: I Approve Gambling Permit, First Lutheran Church, Bingo event on March 18, 2016
DEPARTMENT: Police CITY MANAGER'S A PROVAL•
BY /DATE: Scott Nadeau /February 16, 2016 BY /DATE:
f .7Ti , tTZ�1TPTi�
First Lutheran Church, 1555 40th Avenue NE, has submitted a request for a gambling permit for a bingo event
to be held on March 18, 2016. Julie Johnson, Business Administrator of First Lutheran Church is also
requesting that the $25 permit fee be waived because this is a fundraiser for a youth mission trip.
Since the organization satisfies the City Council resolution regarding one -time charitable gambling, the
following actions are recommended.
IP
• r a s
MOTION: Move to waive the $25 permit fee for the First Lutheran Church one -time charitable gambling
permit.
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
First Lutheran Church to conduct bingo at their event being held March 18, 2016 at 1555 40th Avenue
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.
ATTACHMENTS:
LG240B MN Lawful Gambling application
Letter from First Lutheran Church
WA
irst Columbia HeIghtS., MN
Lutheran Church
1555 40th Avenue INLE, COIUMbla Heights, MN 55421 763.788.9053 WWW.ficch.org
February 10, 2016
To: City Council
City of Columbia Heights
From: Julie Johnson, Business Administrator
Re: Application to Conduct Excluded Bingo at First Lutheran Church
EndoSedisnurcheckintheannountof$2S.UOtoaccornpanyFVnnLG24O8'Aop/ication.
First Lutheran is submitting application for approval to have a Bingo night on Friday,
March 18, 2016 as a fundraiser for our Youth to go on a Mission Trip to Jamaica this summer,
We respectfully request this fee be waived because proceeds from the Bingo night will gotoward
The church's mission trip. Thank you for your consideration of our request,
18
MINNESOTA LAWFUL GAMBLING
L 24 B Appilcation to Conduct ExcEuded Bingo
6/15
No Fee Page I of 2
Organization t) Previous Gambling
Name: Ev-si Permit Number:
X Z3703
Minnesota Tax ID _
Number, if any: . ..... �__ sc- Number (FEIN), if any: _ cl I - Q'7 2 0
Mailing q0" A o e r) u e IV e-
Address: ( CJ S. _5
City: Cc-) [ 0 n-, � 10, e H S —State: Zip: J S Y2I County: A IAO 1� C,_
Name of Chief Executive Officer (CEO):
-7 C /I -so r)
Daytime Phone: -_� - -7 & 65 - 9 (2 5- 3 Email:
Type of Nonprofit Organization (check one):
LiFraternal Lef.�j Religious ElVeterans Other Nonprofit Organization
,Attach a copy of at least one of the following showing proof of nonprofit status:
(DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.)
Current calendar year Certificate of Good Standing
Don't have a copy? This certificate must be obtained each year from:
MN Secretary of State, Business Services Division Secretary of State website, phone numbers:
60 Empire Drive, Suite 100 www.sos.state,mn,us
St. Paul, MN 55103 651 -296 -2803, or toll free 1-877-SSI-6767
internal Revenue Service-IRS income tax exemption 501(c) letter in your organization's name
Don't have a copy? Obtain a copy of your federal income tax exempt letter by having an organization officer contact
the IRS at 877-829-5500.
E]internal Revenue Service•Affiliate of national, statewide, or international parent nonprofit organization (charter)
If your organization falls under a parent organization, attach copies of both of the following:
1. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and
2. the charter or letter from your parent organization recognizing your organization as a subordinate.
EXCLUDED arNGO ACTIVITY
Has your organization held a bingo event in the current calendar year? ❑ Yes M No
If yes, list the dates when bingo was conducted:
The proposed bingo event will be:
one of four or fewer bingo events held this year. Dates: n, a VC R1 .1 S1, Z 0 16 -A c) C(a L
-OR-
conducted on up to 12 consecutive days in connection with a:
Flcounty fair Dates:
Elcivic celebration Dates:
E]Minnesota
State Fair Dates:
Person in charge of bingo event: , IZCJ- C he I . IS C h UJ e Daytime Phone: le 3 2 99 jj�Sj
Name of premises where bingo will be conducted: ._F('rS, 4 L Lc-1 v c
Premises street address: tS5_S qC:, ' ") A , e n L) e.
City: l 1 1° fl_\60 115;J'd 5 If township, township name: County:
,j is-
6 /1s
Page 2 of 2
LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before Submitting application to
the Minnesota Gambling Control Board)
CITY APP'ROVAL,
COUNTY APPROVAL
for a gambling premises
for a gambling premises
located within city limits
located in a township
On behalf of the city, I approve this application for excluded
On behalf of the county, I approve this application for excluded
bingo activity at the premises located within the city's
bingo activity at the premises located within the county's
jurisdiction.
jurisdiction.
Print City Name:
Print County Name:
Signature of City Personnel:
Signature of County Personnel:
Title: Date:
Title: Date:
TOWNSHIP (if required by the county)
On behalf of the township, I acknowledge that the organization
The city or county must sign before
is applying for excluded bingo activity within the township limits.
(A township has no statutory authority to approve or deny an
submitting application to the
application, per Minnesota Statutes, Section 349.213.)
Gambling Control Board.
Print Township Name:
Signature of Township Officer:
Title: Date:
CHIEF EXECUTIVE OFF'ICER'S SIGNATURE (required)
The information provided in this application is complete and accurate to the best of my knowledge.
a, Qzfll�__ "
` /c
Chief Executive Officer's Signature: `- Date:
(Si g ture must b D's signature; designee may not sign)
JO //
Print Name: J(k t 1e VO Y) ,
AIL OR FAX APPLICATION & ATTACHMENTS
Mail or fax application and a copy of your proof of nonprofit
Bingo hard cards and bingo number selection devices may
status to:
be borrowed from another organization authorized to conduct
Gambling Control Board
bingo. Otherwise, bingo hard cards, bingo paper, and bingo
1711 West County Road B, Suite 300 South
number selection devices must be obtained from a distributor
Roseville, MN 55113
licensed by the Minnesota Gambling Control Board. To find
Fax: 651 - 639 -4032
a licensed distributor, go to www.mn.gov /gcb and click
An excluded bingo permit will be mailed to your organization.
on Distributors under the LIST OF LICENSEES'", or call
651- 539 -1900.
Your organization must keep its bingo records for 3 -1/2 years.
Questions?
This form will be made available in alternative format
Call a Licensing Specialist at 651 - 539 -1900.
(i.e. large print, braille) upon request.
Data privacy notice: The information requested
on this form (and any attachments) will be used
by the Gambling Control Board (Board) to deter-
mine your organization's qualifications to be in-
volved in lawful gambling activities in Minnesota.
Your organization has the right to refuse to sup-
ply the information; however, if your organiza-
tion refuses to supply this information, the Board
may not be able to determine your organiza-
tion's qualifications and, as a consequence, may
refuse to issue a permit. If your organization
supplies the Information requested, the Board
will be able to process the application. Your
organization's name and address will be public
information when received by the Board. All
other information provided will be private data
about your organization until the Board issues
the permit. When the Board issues the permit,
all information provided will become public. If
the Board does not issue a permit, all infor-
mation provided remains private, with the ex-
ception of your organization's name and address
which will remain public. Private data about
your organization are available to Board
members, Board staff whose work requires
access to the information; Minnesota's Depart-
ment of Public Safety; Attorney General; Com-
missioners of Administration, Minnesota Manage-
ment & Budget, and Revenue; Legislative Audi-
tor, national and international gambling regula-
tory agencies; anyone pursuant to court order;
other individuals and agencies specifically
authorized by state or federal law to have access
to the information; individuals and agencies for
which law or legal order authorizes a new use or
sharing of information after this notice was
given; and anyone with your written consent.
20
M - I
AGENDA SECTION
CONSENT
ITEM NO.
7D
MEETING DATE
FEBRUARY 22, 2016
ITEM:
Rental Housing Licenses
DEPARTMENT: Fire
CITY MANAGER'S APPROVAL:
BY /DATE: Gary Gorman
BY /DATE:
STAFF RECOMMENDATION:
Approval of attached list of rental housing applications.
RECOMMENDED MOTION(S):
Move to approve the items listed for rental housing license applications for February 22, 2016, in that they
have met the requirements of the Property Maintenance Code.
ATTACHMENTS:
List of Rental Licenses to Approve (TIF)
21
825 41st Avenue NE" Columbia Heights, KxN5542l° Inspections 7O3-7U6-8256* Fax 7§3-7O6-8151*#mimpection @d.odumbia-heights.mn.m
__________________________________________________
10573 4358 JEFFERSON 5T Kammer-Hodge, Heidi F15005
P.O. Box 213S4 $175.00
Columbia Heights, MN 55421
---------------------------------------------------
Total #ofLicenses: 1
22
02/16/2016 cnoo page z
AGENDA SECTION
CONSENT
ITEM NO.
7E
MEETING DATE
FEBRUARY 22, 2016
ITEM:
Adopt Resolution 2016 -20, Authorizing Mutual Aid Agreement with Minnesota DNR
DEPARTMENT: Fire
CITY MANAGER'S APPROVAL:
BY /DATE: Gary Gorman / February 22,2016
BY /DATE: :Elz
f ,,6
Background: The Fire Department currently shares equipment and resources with many communities and
organizations as a way to provide fast and efficient services at reasonable costs to the citizens we serve. Much
of this sharing is covered by mutual aid agreements that from time to time have to be updated to meet
current fire service conditions. Fire Departments of Anoka County originally entered into Mutual Aid
agreements with the Minnesota DNR in 2009, with the most recent update in 2014. The DNR is updating the
agreements at this time. The new agreement is essentially the same with some changes occurring in the
equipment. Resolution 2016 -20 authorizes the Mayor and Fire Chief to enter into an agreement with the
Minnesota Department of Natural Resources for the sharing of resources.
RECOMMENDED MOTION(S):
Move to waive the reading of Resolution No. 2016 -20, there being ample copies available to the public.
Move to adopt Resolution No. 2016 -20, being a Resolution authorizing a Fire Department mutual aid
agreement with the Minnesota Department of Natural Resources.
ATTACHMENTS:
Resolution 2016 -20
Mutual Aid Agreement
23
RESOLUTION NO. 2016 -20
A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA,
AUTHORIZING A JOINT COOPERATIVE AGREEMENT WITH THE MINNESOTA DEPARTMENT OF
NATURAL RESOURCES
WHEREAS, The State of Minnesota, as authorized by M.S. 88.04 subd. 4; 88.11 subd. 1; and 89.01 subd. 4,
allows the Department of Natural Resources (DNR) to enter into cooperative agreements with Municipalities,
and;
WHEREAS, The Commissioner of the Department of Natural Resources is requesting a Cooperative Fire
Protection Agreement with Anoka County Fire Departments to provide assistance only when requested, when
resources are available, and can be committed without diminishing either party's ability to protect its own
jurisdiction.
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 authorizes the Columbia Heights Fire
Department to enter into a cooperative agreement with the State of Minnesota, Department of Natural
Resources in the prevention and suppression of wildland fires as authorized under M.S. 88.04 and hereby
authorize the Mayor and Fire Chief to sign such an agreement.
Passed this 22nd day of February, 2016
Offered by:
Seconded by:
Roll Call:
Mayor Gary Peterson
Attest:
Katie Bruno
City Clerk /Council Secretary
24
City of Columbia Heights - Council Resolution
Passed this day of 2015
Offered by:
Seconded by:
Roll Call:
Gary L. Peterson, Mayor
Attest:
Katie Bruno, City Clerk /Council Secretary
25
Page 2
NA- 01966 -06
Minnesota Department of Natural Resources
Division of Forestry and the Columbia Heights Fire Department
Anoka County Cooperative Fire Protection Agreement
Agreement Number: (16 344 02105)
THIS COOPERATIVE FIRE PROTECTION AGREEMENT, is made and entered into by and between the
State of Minnesota acting by and through the Commissioner of the Department of Natural Resources,
hereinafter referred to as the "DNR" and the Columbia Heights Fire Department, hereinafter referred to as
the "Fire Department," as authorized by M.S. 88.04 subd. 4; 88.11 subd. 1; and 89.01 subd. 4
The purpose of this Cooperative Fire Protection Agreement is to cooperate in the prevention and suppression of
wildland fires as authorized under M.S. 88.04. Assistance will only be provided when requested, when
resources are available, and can be committed without diminishing either party's ability to protect its own
jurisdiction.
II. STATEMENT OF MUTUAL BENEFITS AND INTERESTS
The DNR, Division of Forestry, is responsible for the prevention and suppression of wildland fire within the
state. The Fire Department is responsible to prevent and extinguish all unwanted fires within its fire protection
area.
It is mutually advantageous and in the public's interest for the parties to this instrument to coordinate and assist
in each other's efforts in prevention, detection, and suppression of wildland fires and to cooperate in fire hazard
reduction in and adjacent to areas of mutual responsibility.
III. THE FIRE DEPARTMENT SHALL:
1. Provide fully staffed and equipped fire fighting resources, when available for wildland fire suppression,
as listed on the attached rate schedule.
2. Indemnify, save and hold the State, its representatives and employees, harmless from any and all claims
or causes of action, including all attorneys' fees incurred by the State, arising from the performance of
this Agreement by the Fire Department or Fire Department's employees, agents or subcontractors. This
clause shall not be construed to bar any legal remedies the Fire Department may have for the State's
failure to fulfill its obligations pursuant to this Agreement.
3. Assume full responsibility, including legally required insurance and Workers' Compensation for all Fire
Department personnel provided under this agreement.
4. Respond to all calls for wildland fires within the Fire Department's fire protection area when requested
by the DNR.
5. Respond to additional wildland fire calls outside the Fire Department's fire protection area at the request
of the DNR and at the discretion of the Fire Chief.
6. Submit a report to the DNR within 24 hours of any wildland fire on which the Fire Department takes
independent action. Reporting can be in the form a DNR Fire Report Card, fax, e -mail, fire report form,
DNR wildland fire invoice form, or other written communication that provides the same information as
the Fire Report Card.
Fire Department Cooperative Agreement
26
m mitts" ==
NA- 01966 -06
7. Submit an invoice to the DNR within 30 days of an incident for which the fire department is
requesting reimbursement. Invoices beyond 30 days may not be honored if the fire was not
reported timely to the DNR.
8. Stay with all wildland fires until out, or released by a DNR incident commander, or until called to
another incident within the Fire Department's protection area, provided the wildland fire is considered
safely contained.
9. Be committed to protection of lives and buildings as its first consideration.
10. Through the Fire Department officers, determine its capabilities and assume final decision authority on
commitment of its vehicles and personnel into any area of operation that is requested by DNR personnel.
11. Furnish all tools, equipment, supplies, fuels, and lubricants, except for those items furnished by the
DNR, as stated in this Agreement.
12. Assist the DNR with distribution of fire prevention materials and wildland fire prevention presentations.
13. Bill the DNR for wildland fire runs at the agreed upon rate per run. When additional resources are
requested by DNR Forestry, beyond the first 2 hours (the "run') hourly rates for specific requested
equipment, as described in the attached Rate Schedule, will apply. Invoices must be submitted within
thirty (30) days of the fire(s).
IV. THE DNR SHALL:
1. Respond with specialized equipment for wildfire response, when possible, at the request of the Fire
Chief or designate. This equipment includes, but is not limited to dozers, all terrain tracked vehicles,
engines and aircraft.
2. Investigate violations of the burning laws of the State. (M.S. 88.01 to 88.22 and 88.75) This includes
billing the responsible party for all wildland fire suppression costs of the DNR, and the Fire Department
if the DNR pays the Fire Department for responding to the fire.
3. Assist the Fire Department in obtaining Federal Excess Property, specialized equipment, or grants for
improving their firefighting capabilities.
4. Assist the Fire Department with procuring and distributing fire prevention materials.
5. Provide wildland fire suppression training to the Fire Department as workload permits.
6. Reimburse the Fire Department for wildland fire runs, according to the terms of this agreement.
7. Make reasonable effort to release the Fire Department as soon as possible to ensure that the Fire
Department is available for other emergency response calls.
1. Lower rates may be negotiated for extended use at the Fire Department's discretion.
2. When the Fire Department is dispatched through its normal dispatch procedures, and not specifically
requested by the DNR, the Fire Department shall only bill for a Wildland fire run. (A Wildland Fire Run
is described as the f re department's response to a wildland fire that takes up to two (2) hours to
suppress.)
3. For hourly billing of equipment requested by DNR Forestry, after the wildland fire run (first 2 hours),
time will be rounded to the nearest half hour. Billable time should begin when the Fire Department
leaves its station and continue until it returns to its station. Time spent refurbishing and readying
equipment for the next call shall not be included as billable time.
4. The fire chief and local DNR forester may discuss charges that are in question prior to submitting a final
invoice for payment.
Fire Department Cooperative Agreement
27
ai
iwrtsuait'
NA- 01966 -06
5. If the Fire Department is released by the DNR before the Fire Department has taken any suppression
action on the fire, the Fire Department shall not submit a bill for the run.
6. Attached rates shall be reviewed annually and may be changed with signature of the parties to this
Agreement, or their successors in position.
This Agreement is effective on the date of the last signature and is to continue in force for five (5) years or until
terminated by either party giving thirty (30) days written notice to the other. Both parties should review this
Agreement annually.
Fire Department:
/s/
Title: Manor
State of Minnesota
Department of Natural Resources:
/s/
Area Forester
Fire Department Cooperative Agreement
Date:
Date:
28
i
f
NA- 01966 -06
Fire Department Cooperative Agreement Rate Schedule
ITEM DESCRIPTION
NUMBER
WORK RATE
* STANDBY RATE
OF
a. rate
b. per unit
a. rate*
b. unit
PERSONNEL
(include NWCG type, make, model, year, serial number and special
Wt
(includes
(hour, etc.)
(hour, etc.)
features, such as 4X4, CAF orfoam proportioners)
EQUIPMENT
personnel)
a.
2015International Type I pumper
4 -5
$275.00
Hour
b.
1996 Ford L9000 Type 1 Pumper with Class A foam proportioner
4 -5
$275.00
Hour
C.
2004 Quint with 109' aerial ladder and Class A foam proportioner
5 -6
$275.00
Hour
d.
12 foot Zodiac boat with 15 hp motor (support)
2-3
$75.00
Day
e.
f:
i.
Per hour
Same
Per hour
Additional Requested firefighters
Each
$15.00
per
as work
rate
per
firefighter
firefighter
*Standby rates shall be equal to %2 of the work rate, and shall apply only if equipment and personnel are ordered
by the 0NK to be staged and available for immediate action.
Special Rates:
In Anoka County, fire departments agreed that only fires lasting over 2 hours shall be
billable. The first 2 hours on a billable fire would be at the $350 rate. After that time,
with DNR Forestry's approval, the per piece of equipment per hour rates would apply.
On DNR administered lands, bills may be submitted from the time of initial response.
The above rates have been agreed upon by:
Columbia Heights Fire Department Cambridge DNR Area
/s/ Date:
Area Forester
/s/ Date:
Fire Chief
/s/ Date:
Regional Forest Manager (if required)
Fire Department Cooperative Agreement
29
f f. .
it
NA-01966-06
Sumsted Eggipment Standards and Hourk Rates for Fire Departments
That have an agmment vitk the Mision of Forestry IVINMN-R
Additional Fire Lfigh_tees use a rate of LI-5.00/hr
Fire Department Cooperative Agreement
30
r
1
NA- 01966 -06
F it 1 AaRt [ FR-.F i' 0=12 ;"7RvR�1i F' i Mr.
i%i
R " OF F :! 9' • wk N F tl i R: i :Y:: r: F F FI / ' ♦ / .: / ". - R F .. i 1,
t4. 't .: i 1, .: ' l:tl ',.k IRR N Ika
A!'"
li kk firefighter, and v "ki an ak 0 uIldland refiesher !.' will ensure
f.pa Rf k.
meet 1::. l F requarements 91 are reqxmnble R.. the upkeep of a'`fr iii tltl
ft-,-rsoonel training records- Physical fitness K.R k< "!K by each agency Departments
i. !F' t1teir Ri.1 ph)mcal fitness .F:iF Rr Y'
When responding to Federal t J Engines and F Water tender need F k meet k
VqWCG component and are i !tl kU' ! # yR R meet NWCG stocking standards
(appendix Appendix located at
i&, //,A-ww infe.LTov PUBLICATIONSIreffl>DOIU20 t[*-endh-Mvff
M 0[I 1` 1 '! IFItF_'
IIIIIIIIIIIIIIIIIIEN
3ie>
r
®■3
R . Boats c✓.; i _ 1 of tactical missions (pump and roll : ! : R l an exception and
Tracked willbe based on an hourlyrate.
velucles li -i:li 1" i capacities based i:! F:Jt'k" R"
Fire Department Cooperative Agreement
31
i
AGENDA SECTION
CONSENT AGENDA
ITEM NO.
7F
MEETING DATE
FEBRUARY 22, 2016
ITEM7--LICENSE
AGENDA
DEPARTMENT: Community Development
CITY MANAGER'S, APPROVAL:
BY /Date: February 16, 2016
BY /Date:
I ; me -mm In ugi AX .pill
Attached is the business license agenda for the February 22, 2016 Council meeting. This agenda
consists of applications for 2016 Contractor Licenses.
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.
Move to approve the items as listed on the business license agenda for February 22, 2016 as
presented.
32
Feb 22, 2016 lic agenda
City of Columbia Heights - Council Letter
TO CITY COUNCIL February 22, 2016
*Signed Waiver Form Accompanied Application
BLDG *Weld & Sons Plumbing
PBS
* Woody's Heating & AC
*Jim Morrison Plumbing
*Tim's Quality- Plumbing
*Palma Plumbing
*St Paul Plumbing & Htg
3410 Kilmer Ln N, Plymouth $60
9410 Bataan St NE, Blaine
$60
1383 Valley View Ct, W. St Paul
$60
3876 Lakewood Ave, Wht Bear Lk
$60
225 Co Rd 81, Osseo
$60
373 Colleen Dr, Vadnais Hts
$60
640 Grand Ave, St Paul
$60
33
Page 2
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AGENDA SECTION III
PUBLIC HEARING
ITEM NO.
MEETING DATE
FEBRUARY 22, 2016
NW]"111
ITEM: I Public Hearing: Repeat Nuisance Call Service Fee Appeal
DEPARTMENT: Police CITY MANAGER'S APPROVAL:
I BY/DATE: Scott Nadeau/Feb 9, 2016 e /11 I BY DATE:
I *,YAT4 XCI
Bill Cullen, the owner of 4927 University Avenue, has requested a hearing to dispute the Nuisance Call
for Service Fee that was imposed on him regarding activities at that address. See the attached memo
for detailed information regarding the issues at that address. Mr. Cullen's appeal letter is also
attached.
Staff recommends that the City Council uphold the Nuisance Call for Service Fee for 4927 University Avenue.
MOTION: Move to uphold the $250 Nuisance Call for Service Fee imposed on Bill Cullen, owner of
4927 University Avenue NE.
ATTACHMENTS:
Memo re Repeat Nuisance Call Service Fee Appeal
Bill Cullen's appeal request letter
42
16 -08 Council letter re Bill Cullen a-mear of Niii sanrp rAl I fpt-
To: Gary Peterson, Mayor
Members of the Columbia Heights City Council
From: Scott Nadeau, Chief of Police
Subject: Repeat Nuisance Call Service Fee Appeal
Date: February 10, 2016
On January 19, 2016, the City of Columbia Heights received a notification from William Cullen, the owner
of 4927 University, advising the city that he is requesting to appeal the call for service fee to his property that
occurred on January 10, 2016.
The Nuisance Call for Service Fee is $250.00.
Besides owning 4927 University Avenue, Mr. Cullen owns several other properties in the City of Columbia
Heights, to include 4935 University Avenue, 4616 Tyler Street, and 4622 Tyler Street.
I have enclosed a copy of the Repeat Nuisance Call Service Fee Ordinance for your review. The ordinance
states that 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 misconduct. Nuisance misconduct is
defined as 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:
• An activity, conduct, or condition deemed as a public nuisance under any provision of the City Code.
• Any activity, conduct, or condition in violation of Minnesota State Statute 609.33
• 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
• Any conduct, activity, or condition constituting disorderly conduct under Chapter 609 of Minnesota
statutes.
Below is a breakdown of the Repeat Nuisance Call for Service violations, including this recent fourth
violation:
43
First Violation:
Date & Time of Violation: February 10, 2015, 3:26 a.m.
Incident Description: Disturbance
• This incident was called in by a neighbor who reported a verbal domestic at 4927 University
Avenue, apartment 11,
• Officers arrived and saw blood spatter on the wall and on the floor in the stairwell. As Officers
continued up the stairs they noticed more blood on the walls leading up to apartment 11, with blood
on the wall right outside apartment 11.
• Officers knocked numerous times very loudly and could hear a male voice inside.
• Officers continued to knock loudly and identified themselves as police officers.
• Officers continued to announce themselves and told the tenants that they would be forced to open
the door if they continued to refuse to open the door.
• Officers continued to try to knock and identify themselves, and asked the tenants to come to the door
with no response from the tenants.
• Due to the exigent circumstances, Officers forced open the door.
• Officers located a female and a small child inside the apartment along with an intoxicated male
inside the apartment.
• The intoxicated male was incoherent and Officers were unable to understand him.
• The female tenant stated she was sleeping inside the apartment and did not know police were
knocking.
• The female tenant stated there was a struggle between the intoxicated male and another person in the
apartment earlier which was why things inside the apartment had been broken.
• The intoxicated male was arrested for warrants for a predatory offender violation, burglary, and
disorderly conduct.
• Officers later spoke with tenants from another apartment who stated there had been a fight involving
two males earlier which occurred inside the hallway.
Second Violation:
Date & Time of Violation: October 13, 2015, 11:18 a.m.
Incident Description: Disturbance
• This incident was called in by an anonymous caller who reported that there were people physically
fighting on the third floor, and a female screamed to call 911.
• Officers arrived and a tenant from the building advised that there were people fighting in apartment 8.
• Officers knocked on the door of apartment 8 and made contact with the female tenant who stated she
and her boyfriend, who also lives in the apartment were arguing, and noted that there was no assault.
• Officers noted that this was the second domestic call for service (the first incident is case #15211519)
with the same persons in the last 13 days and that the tenants had moved in only 17 days ago.
Third Violation:
Date & Time of Violation: December 26, 2015 at 8:29 a.m.
Incident Description: Domestic Assault No Contact Order (DANCO) Violation. Flee Police
0 This incident occurred in the same apartment as the previous violation and involved the same tenants.
44
• The female tenant called to report the incident, and dispatch also advised that the suspect had fled
outside and was half naked.
• Officers checked the outside area and found the male walking in an alley nearby.
• Officers attempted to stop the male who then started to run away from the police. Officers later
apprehended the male and took him into custody.
• In a statement provided by the female, she stated that the male came over earlier in the morning and
she allowed him inside and later began arguing about their relationship.
• The female tenant stated the male tried to leave but she tried to keep him from leaving so police could
arrest him.
• The DANCO states that the male is not supposed to have contact with the female, and it should be
noted that the female knowingly let the male inside the apartment, and then physically tried to prevent
him from leaving so he could be arrested.
Fourth Violation:
Date & Time of Violation: January 10, 2016, 3:17 a.m.
Incident Description: Marijuana
• This incident is the Nuisance Call for Service Fee that is under appeal.
• This incident occurred in apartment 3 and was originally called in by the tenant as a disturbance.
• Officers arrived and spoke with the tenant and stated the people causing the problem had left.
• The tenant stated she had invited her daughter and step daughter over to the apartment.
• An argument over money started between them and they started pushing each other.
• The tenant brought the Officers into the bedroom where the incident occurred and while speaking
with her, she became anxious and upset about not being able to find her wallet, and became
uncooperative and did not want to pursue the matter any further.
• While speaking with the tenant, one of the Officers observed a small baggie of marijuana on the floor
between the bed and television.
• The marijuana was seized and later destroyed at the police department.
cc: Walt Fehst, City Manager
M
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:
3=, -J
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
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.
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.
46
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.
11�`111'111
J
(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.
(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
47
(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 further 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.
: clr ,
(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 unposed 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.
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 APPLICAHHLTY 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.
48
(A) if a repeat nuisance service call fee remains unpaid thirty (30) days after the billing
statement is sent by the City, it shall 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: K.elzenberg
Seconded by: Williams
Roll Call: Ayes: Peterson, Williams, Nawrocki, Diehm, Kelzenberg
Attest:
atricia Muscovitz, CMC
City Clerk
4
I
Mayor Gary 4 Peterson
49
fr" ft W ZZZRII t 0 ZJ ! 5100 Eden Ave sulte 102C 052-934-0468 cell
------- ------- Edina, MN, 55436
February 1, 2016
To Columbia Heights City Clerk.:
On Jan 19t", 2016, the city of Columbia Heights fined Cullen Homes $250 for "Repeat Nuisance Call
Service Fee" for 4927 University Ave NE, Columbia Heights, MN, 55421.
Per Ordinance 1568, article Vill, section 8.806, 1 appeal that fee and request a hearing.
I can be reached any of the fbiloviting ways:
5100 Eden Ave suite 102C
Edina, MN, 55436
952-934-0468
wculllen@�Mlliamrobertnet
I greatly appreciate your services!
Best Reg
William J. Cullen.
President
Cullen Homes, Inc.
Recelvzo
FES 012016
50
William Cullen
Cullen Homes
5100 Eden Ave, #102C
Edina, MN 55436
952- 934 -0486
Subject: Repeat Nuisance Call Service Fee Violation — Third Call
Dear Property Owner:
Our city records show that you own the property located at: 4927 University Ave NE
Columbia Heights MN 55421
This letter is to inform you that the City of Columbia Heights Police Department has responded to
the above address where a third service call involving nuisance misconduct has occurred within a
period of 365 days. The specifics of that call are outlined below:
Third Violation — Case number 15021877
• Date and Time of Incident: February 1, 2015 at 3:26 a.m.
• Address, including apt #: 4927 University Ave NE, Apt #11
• Name of tenant(s): Simpson, Essie Rackale
• Misconduct involved: Domestic Disturbance
Second Violation — Case number: 14047993 and 14048976
• Date and Time of Incidents: March 8, 2014 at 3:28 p.m. and March 10, 2014 at 1:23 a.m.
• Address (including Apartment #): 4927 University .Ave NE, Apt 45
• Name of tenant(s): Elmore, Dejuan Charles
• Misconduct involved: Loud Music/Noise Disturbance
• Date of notification: March 13, 2014
First Violation — Case number: 14039284
• Date and Time of Incident: February 24, 2014 at 10:49 a.m.
• Address (including Apartment #): 4927 University Ave NE
• Misconduct involved: Property Code Violations
• Date of notification: February 27, 2014
825 41" five NE Colunxhia Heights, MN 55421 (763) 706 -8100 f,• (763) 706 -8126
www. chpolice. cone 51
w.
William Cullen
February 10, 2015
Page two
A copy of City of Columbia Heights Ordinance No. 1568 is attached. The Ordinance states that
the City may impose a repeat nuisance service call fee of $250 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, In addition, the repeat nuisance service call fee can include an amount 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. The City of Columbia Heights has the right
to seek other legal remedies or actions for abatement of the nuisance or compliance with the law.
Because this is the third violation to occur within a period of 365 days, we have now imposed a
service fee of $250.00. Billing is attached. The fee 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. See Section 8.806 of Ordinance No. 1568 for
conditions that apply to your right to appeal.
If you have any questions, please call me at 763 -706 -8113.
Sincerely,
Lenny Austin
Captain
Attachment. Invoice
Ordinance No. 1568
52
ICR for Case 15021877
COLUMBIA HEIGHTS POLICE DEPARTMENT
JCF
EXCESS CFS 1
825 41" Avenue NE, Columbia Heights. MN 55421 Phone (763)706-8100 Fax (763)706-8126 ORI MN0020400
11MM151111
ADD'L
COND ON LIC,
PREMISIS
X
PAGES
IS02 1877
CLASSIFICATION
DOMESTIC
CODE
DISP
rS
CLASSIFICATION
ASSIST OTHER AGENCY
CODE
IDISP
REPORTING OFFICER
TIJ
ASSISTING OFFICER
J. BECKETT 15968
I
A. . MUSEUS 21873
ASSISTING OFFICER
ASSISTING OFFICER
T. DESJARDIN FRIDLEY PD
' KEELEY FRIDLEY PD
DATE REPORTED
02/01/2015
ASSIGNED
0326
ARRIVED
10329
CLEARED
0455
. . . DATEMME OCCURRED
] 0 EARLIEST f
/01
02/01/2015 0326
LATEST DATETIME OCCURRED
02/01/2015 0329
LOCATION OF OFFENSE/INCIDENT
4927 UNIVERSITY AVE COLUMBIA
APT
111 12
GRID
VALUE STOLEN
1$0.00
VALUE DAMAGED
$0.00
I VALUE RECOVERED
$0.00
AWU
A
JREPORTING PARTY'S NAME
MCQUEEN, DOVIONE SHE" 110/18/1992
DATE OF BIRTH
S'
F
PACE
3
HOME PHONE
612 715-4867
ADDRESS
4927 UNIVERSITY AVE 18
APT CITY
ICOLUMBIA
HEIGHTS
STATE
MN
ZIP
55421
WORK PHONE
............ . .
NARRATIVE
Dispatched to a domestic violence call in progress at 4927 University Ave #11. Prior to arrival, dispatch informed
police that a male and a female were fighting. Soon after that, dispatch informed police that two males were fighting
and it is stemming from apartment #11 with one of the males named "Jeff". Dispatch informed police that the back
door of the apartment complex was left open for police entry. The door relocked due to the high winds during the
snow storm. A female, later identified as Hawkins, opened the back door for police and stated the male who was
fighting went back into apartment 11. Officers advised her to please go back to her apartment and we would be
back to speak with her.
As officers went up the back (east) stairwell, officers observed blood splatter on the wall and on the floor. Officers
continued up the stairs and noticed more blood on the walls leading up to apartment 11. Officers noticed there was
blood smear on the door to apartment 10 as well. There was blood on the wall right outside apartment 11.
Officers knocked numerous times very loudly. I could hear a male's voice inside, but could not understand what he
was saying. Officers continued to knock loudly and we announced ourselves. Officers were knocking so loudly,
other tenants from other apartments began opening their doors to see what was going on. Officers announced our
presence numerous times and told the tenants to open the door or the door would be forced open several more times.
Two Fridley officers arrived to assist with the possible entry. Officer Museus retrieved the keys from the fire box,
but none of the keys opened the door to the apartment. I again knocked very loudly and announced police presence.
I again gave one last warning for the occupants to open the door or police would have no choice but to force entry.
There again was no answer at the door and I could no longer hear voices.
Due to the exigent circumstances of someone bleeding/ injured, witnesses accounts of people fighting and the blood
splatter/ smears on the doors and walls, I forced open the door by kicking it and Officer Keeley and Officer Museus
made entry. I followed in as a third officer and Officer Desjardin watched the back door of the apartment (leading
into the common hallway).
Officer Museus located an adult male, identified as Daijon Miles, an adult female, identified as Essie Simpson, laying
in bed wide awake with a small infant child in the pack and play next to the bed. Officers observed Daijon to have
dried blood on his lip, abrasions on his left shoulder and he was extremely intoxicated. I immediately could smell a
strong odor of a consumed alcoholic beverage emitting from Daijon as he tried to speak, but again he was mumbling
from his level of intoxication. Daijon was secured in handcuffs and escorted to the front living room by Officer
Museus, while I stayed with Essie and the small infant in the back bedroom.
I asked Essie to tell me what happened here tonight, but she was crying so hard. I had to calm Essie down numerous
times. Essie stated she and Daijon were at a party earlier in Minneapolis, when they began arguing over another
female. Essie stated she got into a fight with the other women and that is why her eye was swelling up. Essie stated
at no point in time did Daijon assault her or she assaulted him. Essie stated she was in bed sleeping and didn't know
police were knocking and announcing themselves. Essie did state that she only knows of something — happening as
there was a struggle between Daijon and another person in her apartment and that's how things were broken inside.
Essie refused any medical attention.
53
ICR for Case 15021877
Officer Museus spoke with Daijon, who confirmed Essie's statement to me. Daijon stated he was fighting with an
unknown male, whom he has never seen or met with before. Daijon was throwing up into a clothing hamper.
Officer Museus also confirmed felony warrants on Daijon through Ramsey County. There were a total of three
felony warrants out for Daijon's arrest. Officer Museus and Officer Desjardin escorted Daijon to officer Museus
squad. Daijon refused medical attention as well. Officer Museus transported Daijon to ACSO Jail.
returned to the apartment complex and took digital photos of the blood and damaged door. I took a photo of
laijon and Essie. I again asked Essie, while I was taking photos, if she was assaulted by Daijon and she stated again
ie was not.
Officer Desjardin and I attempted to make contact with the tenant in apartment 10 where the blood smear was on
the door. Officers did not make any contact as there was no answer. Officer Desjardin spoke with another tenant
who stated she did not hear anything until the officers were knocking and announcing as she was sleeping.
I spoke with the original caller in apartment 8, identified as Dovione McQueen. Dovione stated she could hear a
male and a female verbally arguing in apartment 11 and then heard things breaking. Dovione stated she called
police right away. Dovione stated she did not physically see anything, but rather just heard it.
Officer Museus later met with Hawkins. Hawkins stated she did not see a male and female fighting, but rather two
males fighting in the hallway. Hawkins stated she was visiting her mother and did not know anyone in the
apartment complex. (See Officer Musens' supplement for further details).
to city property form completed. Photos downloaded to the computer.
75081858213.OLS/MN.OLY12017.
ILES. DAIJON.
ICR for Case 15021877
OCA/14429736. ViTNO/14429736. DOW/20141110.
OOC/5311.
DRIE/20141113. TRM/HWA.DLU/20150201.
OR2/MN0020400. CA2/15021877. TR2/ARF. DOL/20150201. EXT/DETN.
EXL/PICK UP MN ONLY FOR MORE DETAILS SEE MIS.
MIS/300 BOND OR $78 CASH BAIL - COURT REQUIRED.
OLN/EI75081858213.OLS/MN.OLY/2017.
AKA/MILES, DAIJON.
SMT/TAT CHEST.
ORI IS: HENNEPIN CO SHERIFF
MKE/MN PREDATORY OFFENDER.
PREDATORY OFFENDER REGISTRY INFORMATION
SUBJECT LISTED IS RE GISTERED\CONVICTED PREDATORY OFFENDER. DO NOT SEARCH,
DETAIN, AND ARREST BASED SOLELY ON THIS RECORD. LAW ENFORCEMENT USE ONLY.
INFORMATION IS CONSIDERED PRIVATE DATA
NAM/MILES, DAIJON LEWIS.DOB/19920501.
FOR MORE INFORMATION:>QPOR OCA/2007POR019485.
CLEAR BY ARREST
BECKETT #108
PERSONS IDENTIFIED IN REPORT:
RACE CODES:
NAME CODES: A-ADULT ARRESTED, B-WARN, C-COMPLAINANT, D-DRIVER, F-FAMILY/PARENT,
I-WHITE, 2-HISPANIC, 3-Black. 4-BLK-HISP ORIG,
I-INVOLVED, XJUVENILE ARRESTED, M-MENTIONED, O-OWNER, P-PASSENGER, R-REPORTED BY,
S-INDIAN♦ ALASKAN, 6-INDIANALASKAN-HISP ORIG.
S-SUSPECT, T-TICKETED, V-VICTIM. W-WITNESS, X-TRANSPORT, Z-WARRANT ARREST
7-ASIATACIFIC IS, 8-ASIA/PACIFIC IS-HISP ORIG, 9-UNK
A'JlU
DATE OF BIRTH
SEX
WGT
HAIR
EYES
ICODE
A
I
1NAME
SIMPSON, ESSIE RACKALE
104/06/1994
F
IRACE jHGT
3
406
140
BLK
IBRN
ADDRESS
APT
CITY
STATE
ZIP
4927 UNIVERSITY AVE III
COL IA HEIGHT
MN
55421
ALIAS
HOME / BUS PHONE
WORK / 2' BUS PHONE
CELL.' PAGER! FAX
DL#-- T040238845504
612 423-4525
A,J/U
DATE OFBIRTH
ISEX
I RACE
HOT
WGT
HAIR
EYES
ICODE
A
Z
INAME
MILES, DAIJON LEWIS
05/01/1992
IM
13 1600
178
BLK
IBRN
ADDRESS
APT
CITY
STATE
ZIP
1915 1ST AVE APT 2
IMINNEAPOLIS
MN
55404
ALIAS
HOME / BUS PHONE
WORK / 2 "' BUS PHONE CELL /PAGER/FAX
DL#= E175081858213
612 998-5432
1 'U
CODE
NAME
DATE OFBIRTH ISEX
IRACE
HOT
WGT
HAIR
EYES
A IV
HA NS, JONNEISHIA ANN
10/14/1991 IF
13
1
1
1
ADDRESS
CITY
STATE
ZIP
1090 52ND AVE NE
IFRIDLEY
MN 155421
ALIAS
HOME / BUS PHONE
WORK / 2ND BUS PHONE
CELL/PAGER/FAX
1612
978-5536 1
1
ENTRY
ENTRY
ENTRY
J
ENTRY
SUPERVISOR
COPY TO =ELATED
CASE
55
ICR for Case 15021877
MISSING PERSON
CASE NUMBER
15021877
A /J/U
I CODE
NAME
HOMEPHONE
WORKPHONE
ADDRESS
APT
CITY
STATE
ZIP
DATE OF BIRTH
SEX
RACE HOT
WGT
HAIR
FLAIR LENGTH
FACIAL HAIR
EYES
MEDICAL PROBLEMS /MEDICATIONS
ALIAS
CLOTHING
RETURN TRANSPORTATION PROVIDED?
JEWELRY
SCARS ?MARKS; TATTOOS
VEHICLE USED
SCHOOL
GRADE
LAST CONTACT LOCATION DATE
TIME
PROBABLE DESTINATION.'M1SC INFO
NICI #
DATE ENTERED TIME
ENTERED
CANCELED DA "I`E
CANCELED TIME
WHO AUTHORIZED CANCELLATION?
LOCATED BY
DATE
TIME
WHERE LOCATED
LOCATED DETAINED AT
I CERTIFY THE ABOVE NAMED PERSON IS MISSING DUE TO ONE OF THE FOLLOWING CIRCUMSTANCES:
JUVENILE RUNAWAY - A PERSON WHO IS DECLARED UNEMANCIPATED AS DEFINED BY THE LAWS OF HIS: HER STATE OF RESIDENCE AND DOES NOT MEET AN
OF THE ENTRY CRITERIA SET FORTH IN OTHER RECORD TYPES,
PHYSICAL SAFETY ENDANGERED - A PERSON OF ANY AGE WHO IS IN THE COMPANY OF ANOTHER PERSON TINDER CIRCUMSTANCES INDICATING THAT
HIS /HER PHYSICAL SAFETY IN ENDANGERED,
MENTAL PHYSICAL DISABILITY - A PERSON OF ANY AGE WHO IS MISSING AND WHO IS UNDER PHYSICAL'MENTAL DISABILITY OR IS SENILE, THEREFORE
SUBJECTING HIM /HERSELF OR OTHER TO HARM.
INVOLUNTARY DISAPPEARANCE - A PERSON OF ANY AGE WHO IS MISSING UNDER CIRCUMSTANCES INDICATING THE DISAPPEARANCE WAS NOT VOLUNTARY
VEHICLE AND PROPERTY DESCRIPTION: D- DAMAGED, E- EVIDENCE, F- FOUND, I- IMPOUNDED, L-LOST, M- MENTIONED, R- RECOVERED, S- STOLEN
CODE
LiC #
STATE
YEAR
LIC TYPE
VIN
VEH YR
MAKE
MODEL
STYLE
COLOR
VALUE
EARLIEST DATE TIME OCCURRED LATEST
DATE TIME OCCURRED
DESCRIPTION /SPECIAL EOUIPMENT
LOCKED?
WHERE ARE K :YES?
WHO DID OWNER LET USE THE VEHICLE?
PROSECUTE?
SECURITY AGREEMENT WITH
INSURANCE COMPANY
CODE OTY
E I -
- - - --
DFSCRIPTION. MAKE. MODEL
IDIGITAL PHOTOS
SERIAL OR OAN
VALUE
BIKE INFORMATION
WHEEL SIZE SPEED IFRAME ICOLOR JLICENSE# TAG ai
FROPEKlYtEVIDENCE STORED AT By DATE DOWNLOADED TO COMPUTER BECKETT 02/0112015 1800
HED BY INCIC AND MINCIS # IENTERED BY 12ND PARTY CHECK IDATE
RECOVERY INFORMATION
DATE
TIME
LOCATED BY
#ARRESTED ?
CANCELED BY
DATE
TIME
IMPOUNDED /LOCATED AT
PHONE NUMBER
OWNER NOTIFIED BY
DATE
TIME
AFFIDAVIT
I CERTIFY TFIE ABOVE INFORMATION IS TRUE AND CORRECT SIGNATURE DATE
56
ICR for Case 15021877
15021877s
Case #: 15021877
Offense: DOMESTIC
Columbia Heights Police Department
Supplementary Investigation Report
Date: 02/01/2015
Complainant: DOVIONE SHERI, MCQUEEN 10/18/92
Address: 4927 UNIVERSITY AVE NE #11
Officer's Name: MUSEIIS
Officers were dispatched to a male and a female fighting in the hallway of 4927 University Ave.
Dispatch updated that two males were then fighting in the hallway and one of them was wearing all
white clothing.
Officers arrived and did not see anyone in the hallway or in the area of the apartment. Officers were let
in the rear apartment door by a female, later identified as Jonneisha Ann Hawkins 10/14/1911, who
stated she saw two males fighting in the rea stairwell and one of the males went into #11.
There was blood smeared on the walls and on the door across from #11. Officer Beckett announced
CHPD presence several times but no one answered the door. Officer Beckett told me he heard a
male talking inside #11. As Officer Beckett was announcing his presence and knocking on the
door, multiple people came out of other apartment units and looked to see what was taking place.
Approximately 10 minutes later, Fridley officers arrived and I retrieved all of the keys out of the
building's firebox but none of them opened to door to #11. Officer Beckett continued to announce
entry would be forced into the apartment if no one answered.
Officer Beckett kicked in the door and I located Essie Rackale Simpson 04/065/94, Daijon Lewis
Miles 05/01/92, and a baby in the bedroom. I had my duty pistol out but never pointed it at anyone.
I ordered Miles out of the bedroom and placed him in handcuffs.
Miles told me he was intoxicated. Miles had a strong odor of alcohol on his breath, slurred speech,
and difficulty talking because he was vomiting. Miles told me he came from Mpls and he got into
an argument with Simpson over another female. Miles told me he was arguing with Simpson inside
the apartment when a male, who Miles stated he had never seen before, came to the door. Miles
stated he answered the door aggressively and they began fighting. Miles was not able give me any
further information because he was too intoxicated. I contacted dispatch and confirmed 3 Ramsey
county felony warrants. A Fridley officer and I had to help Miles walk to my squad because he was
stumbling and vomiting.
I spoke with Hawkins, who stated she head an incident taking place so she went upstairs to find two
males brawling. Hawkins stated she did not know either of the males because she does not live in
the apartment and is only visiting her mother in #5.
I transported Miles to Anoka county jail.
End of supplement.
57
ICR for Case 15021877
Columbia Heights Police Department
Supplementary Investigation Report
Date: June 19, 2015
Case #: 15021877 Grid: 2
Offense: Domestic
Complainant: Dovione McQueen
Address: 4927 University Ave NE
Officer's Name: Monberg4117
Upon reviewing this open case, I have determined that due to a lack of cooperation from Miles
and Simpson, there is no probable cause to believe their injuries were caused by an assault in
our city, nor is there any indication that they caused the injuries to one another.
Case is inactive.
58
October 20, 2015
Cullen Homes
5100 Eden Ave #102C
Edina, MN 55436
612 -874 -1660
Subject: Repeat Nuisance Call Service Fee Violation — Second Call
Dear Property Owner:
7,,';
,A
pEINSIA HEM
Our city records show that you own the property located at: 4927 University Ave NE
Columbia Heights, MN 55421
This letter is to inform you that the City of Columbia Heights Police Department has responded to
the above address where a second service call within one year involving nuisance misconduct to
your building has occurred. The specifics of that call are outlined below:
Second Violation —
• Case number: 15221382
• Date and time of incident: October 13, 2015 at 11 :14 a.m.
• Address, including apartment: 4927 University Ave NE, #8
• Name of Tenant(s): McGraw, Kendrick Bernard; Morris, Angela Tyanne -Marie
• Misconduct involved: Domestic
First Violation —
Case number: 15197123
Date and time of incident: February 10, 2015 at 3:26 a.m.
Address, including apartment: 4927 University Ave NE, #11
Name of Tenant(s): Simpson, Essie Rackale
Misconduct involved: Domestic Disturbance
Date of notification: February 10, 2015
825 41st Ave NE Cohtnabia Heights, MN 55421 (763)706-8,100 f (763) 706 -8126
www.chpolice.com 59
Cullen Homes
October 20, 2015
Page two
A copy of City of Columbia Heights Ordinance No. 1568 is attached. The Ordinance states that
the City may impose a repeat nuisance service call fee of $250 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. In
addition, the repeat nuisance service call fee can include an amount 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 to
repair city equipment and property damaged as a result of the nuisance call, and the cost of any
medical treatment of injured officers.
In accordance with Ordinance No. 1568, the city may impose a $250 service fee for any future
nuisance conduct calls that may occur on your property. Our procedure is to inform you of the
second violation. If you have any questions, please feel free to call me at 763 -706 -8113. We
appreciate your prompt attention to this matter.
Sincerely,
Lenny Austin
Captain
Attachment (Ordinance No. 1568)
M
ICR for Case 15221382 JCF EXCESS CPS
COLUMBIA HEIGHTS POLICE DEPARTMENT
825 41" Avenue NE, Columbia Heights. MN 55421 Phone (763)706-8100 Fax (763)706-8126 OR] MN0020400 "AD D'L COND ON LIC
92
PAGES PREMISIS �x I S 2 2 1 3
CLASSIFICATION
CODE
DISP
CLASSIFICATION
DOMESTIC
I
I
ICODE
IDISP
REPORTING OFFICER ASSISTING
OFFICER
J. STURDEVANT 11737 T.
NIGHTINGALE 8764
DATE REPORTED
ASSIGNED
kRRIN'FD
CLEARED
EARLIEST DATETIME OCCURRED
LATEST DATETIME OCCURRED
10/13/2015
1114
1118 111133
10/13/20151114
10/13/20151133
LOCATION OF OFFENSE INCIDENT APT
GRID
VALUE STOLEN
VALUE DAMAGED
VALUE RECOVERED
4927 UNIVERSITY AVE COLUMBIA 8
2
1$0.00
1$0.00
AJ.PU
PARTY'S NAME
DATE OF BIRTH [SEX
_$0.00
RACE
HOME PHONE
A
IREPORTING
BRANDT, TAYLOR
F
7
612 407 0769
ADDRESS
APT
CITY STATE
ZIP
WORK PHONE
4927 UNIVERSITY AVE
to
[
COLUMBIA HEIGHTS
M N
55421
NARRATIVE
Anonymous caller, Taylor, called to report that there were people physically fighting on the third floor, and the
female screamed to call 911. She didn't want to be seen and wanted to remain anonymous and confidential.
We arrived and were let into the building by a person I believe was Taylor all though, she wasn't identified.
The female holding the door open for us told me that her neighbors were fighting in apartment 8 and didn't want to
be known.
We knocked on the door and eventually the door was opened by Angela Morris. She told us that she and her
boyfriend, Kendrick were arguing. She said that his mother was on the way to pick him up and there was no
assault.
I spoke with Kendrick as well. He said that they were arguing over money and there was no assault.
Angela made arrangements for his mother to pick Kendrick up at the corner store and he left the house.
This is the second domestic call for service with the above mentioned persons with in the last 13 days, and they just
moved in approximately 17 days ago. The last call for service was on 10-1-15 in case 15-211519.
1 entered them into the DART system and request a DART packet be mailed to their home.
Nothing further.
PERSONS IDENTIFIED IN REPORT:
PACE CODES:
NAME CODES: A-ADULT ARRESTED, B-WARN, C-COMPLAINANT, D-DRIVER, F-FAMILY PARENT,
I-WHITE, 2-HISPANIC, 3- Black, 4- BLK -HISP ORIG.
I-INVOLVED. J-JUVENILE ARRESTED, M-MENTIONED, O-OWNER, P-PASSENGER, R-REPORTED BY,
5-INDIANIALASKAN, 6-INDIANALASKAN-HISP ORIG,
S-SUSPECT, T-TICKETED, V-VICTIM, W-WITNESS, X-TRANSPORT, Z-WARRANT ARREST
7-ASIA/PACIFIC IS, 8-ASIA/PACIFIC IS-HISP ORIG, 9-UNK.
A/J.'U
DATE OF BIRTH
SEX
JRACEJHGT
I \VGT
HAIR
EYES
ICODE
A
M
INAME
MCGRAW, KENDRICK BERNARD
08/22/1990
M
3 1601
1160
BRN 1BRN
ADDRESS APT
CITY
STATE
ZIP
4927 UNIVERSITY AVE 18
1COL
HGTS
IMN
55421
ALIAS HOME
/ BUS PHONE
WORK / 2' BUS PHONE
CELL; PAGER i FAX
DL#= A031029724604 I
I
I
A,11U
DATE OF BIRTH
WGT
HAIR
�CODE
A
INAME
M
MORRIS, ANGELA TYANNE-MARIE
109/16/1994
F
3 504
125
BL
ADDRESS APT
CITY
STATE
ZIP
4927 UNIVERSITY AVE 18
1COL
HGTS
IMN
ALIAS
ME/BUSPHONE
WORK /2R" BUS PHONE
CELL,'PAGER i FAX
DL#= W523224528210
1612
806 7830
IENTRY
IJ ENTRY 2
JENTRY3
JENTRY4 ISUPERVISOR
COPY
TO
RELATED CASE
L-11
Cullen Homes Inc.
5100 Eden Avenue #102C
Edina, MN 55436
612 -874 -1660
Subject: Repeat Nuisance Call Service Fee Violation -- Third Call
Dear Property Owner:
Our city records show that you own the property located at: 4927 University Ave. NE, Apt. 8
Columbia Heights, MN 55421
This letter is to inform you that the City of Columbia Heights Police Department has responded to
the above address where a third service call within one year involving nuisance misconduct to
your building has occurred. The specifics of that call are outlined below:
Third Violation —
• Case number: HA15300778
• Date and time of incident: December 26, 2015 at 8:29 a.m.
• Address, including apartment: 4927 University Ave. NE, Apt. 8
• Name of Tenant(s): McGraw, Kendrick Bernard; Morris, Angela Tyanne Marie
• Misconduct involved: DANCO Violation /Flee police
Second Violation —
• Case number: 15221382
• Date and time of incident: October 13, 2015 at 11:14 a.m.
• Address, including apartment: 4927 University Ave. NE, Apt. 8
• Name of Tenant(s): McGraw, Kendrick Bernard; Morris, Angela Tyanne Marie
• Misconduct involved: Domestic
• Date of notification: October 20, 2015
825 41" Ave NE Columbia Heights, .SIN 55421 (763) 706 -8100 f (763) 706 -8126
rvww. chpolice. com 62
Cullen Homes
January 8, 2016
Page two
First Violation —
0 Case number: 15021877
• Date and time of incident: February 1, 2015 at 3:26 a.m.
• Address, including apartment: 4927 University Ave. NE, Apt. 11
• Name of Tenant(s): Simpson, Essie Rackale
• Misconduct involved: Domestic Disturbance
0 Date of notification: February 10, 2015
A copy of City of Columbia Heights Ordinance No. 1568 is attached. The Ordinance states that
the City may impose a repeat nuisance service call fee of $250 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. In addition, the repeat nuisance service call fee can include an amount 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. The City of Columbia Heights has the right
to seek other legal remedies or actions for abatement of the nuisance or compliance with the law.
Because this is the third violation to occur within a period of 365 days, we have now imposed a
service fee of $250.00. Billing is attached. The fee 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 Iate penalty to a delinquent payment. See Section 8.806 of Ordinance No. 1568 for
conditions that apply to your right to appeal.
If you have any questions, please call me at 763 -706 -8113.
Sincerely,
Lenny Austin
Captain
Attachment: Invoice
Ordinance No. 1568
63
F ColumbiaHeights Police Department Incident #:
HA15300778
Case #: HA15300778
4927 UNIVERSITY AVE NE Apt #8 COLUMBIA HEIGHTS, MINNESOTA 55421
Description of Incident- DOMESTIC Reported Date: 12/26/2015 08:29:00
Time Assigned: 0829 Time Arrived: 0840
Time Cleared: 1000 Incident Start Date: 12/26/2015 08:22:00
Incident End Date: 12/26/2015 08:29:00 Case Summary.,
Victims (1)
MORRIS, ANGELA TYANNE MARIE
DOB:
Age:
Address:
City..
Zip Code.
09/1611994 Race:
21 Sex:
4927 UNIVERSITY AVE Apartment.
NE
COLUMBIA HEIGHTS State:
55421 Driver's License
License State:
MINNESOTA
Hair Color:
BLACK
Weight.-
125
Number.,
Eye Color:
Height:
Skin Type:
Male was at female's
apartment in violation of
DANCO. Male arrested
and taken to jail.
BLACK
FEMALE
8
MINNESOTA
W523224528210
N.:.
Page 1 of 5 64
ADULT ARRESTED (1)
MCGRAW, KENDRICK BERNARD
DOB:
Age:
Address:
City.,
Zip Code.
Incident #: HA1 5300778
0812211990 Race:
25 Sex:
4927 UNIVERSITY AVE Apartment,
NE
COLUMBIA HEIGHTS State:
55421 Driver's License
License State: MINNESOTA
Hair Color BLACK
Weight: 160
Charge (2)
UOF USE OF FORCE 9000 MISC CODE 9999
Number:
Eye Color:
Height:
BLACK
MALE
8
MINNESOTA
A031029724604
BROWN
61
Offense Status: ASSISTED/ADVISED FelonylMisdemeanor.- GROSS
MISDEMEANOR
629.75.2(c) DISTURB-DOMESTIC ABUSE-VIOLATE NO CONTACT ORDER WITHIN
10 YR 26 GOVT 5005
Offense Status: ARREST OF FelonylMisdemeanor GM
ADULT/ADULT AND
JUVENILE
Narrative (3)
Original Officer Narrative
Page 2 of 5 65
Incident #: HA15300778
On Saturday, December 26, 2015 at approximately 0815 hours, 1, Officer H. Abdullahi along with
Officer A. Museus were dispatched to 4927 University Ave ( #08) for domestic report. Prior to
officers arrival, dispatch notes advised a suspect Kendrick Bernard McGraw (08/22/1990) ran
outside half naked.
Upon arrival, Officer Museus made contact with the caller /victim later identified as Angela
Tyanne Marie Morris (09/16/1994) at her apartment ( #8). Since the suspect (Kendrick) ran
outside, I decided to searched the area for Kendrick. While travelling northbound in an alley
between University service drive and 4th St (4900 block) I noticed described suspect was running
southbound in an alley towards 49th Ave.
I stopped my squad car and announced my self "Police stop" couple of times. Kendrick decided
to turn around and run away from me. Kendrick ran behind Columbia Market located at 4901
University Ave heading west. I parked my squad car in the alley and initiated foot pursuit. I
advised dispatch of the foot pursuit and direction of travel. Kendrick was running westbound on
49th and made a right turn on to 3rd street. Instead of following him on 3rd St, I decided to take
an alley between 3rd St and University Ave heading north. While attempting to cut him off, I
noticed he made a right turn between two apartment buildings running eastbound (towards
me).
Kendrick had both of his hands in short /boxer while running. I noticed Kendrick was looking
behind him while running towards the alley where I was at. At that time, I didn't know what
Kendrick had in his shorts /boxer (underneath his jeans) so I pulled out my gun and told him to
stop once again. Kendrick stop and got on his kneel. I told him to placed both of his hands
behind his back and took him in custody. Kendrick was half naked.
Officer Museus arrived at my location and I placed Kendrick in officer Museus's squad for
transport. Kendrick repeatedly advised me that he didn't do anything wrong and that he only ran
away because he does not want to go to jail. Kendrick said Tyanne was the main aggressor and
he was only trying to get away from her. Kendrick apologized multiple times for running and was
very cooperative after he got arrested.
Officer Museus transported Kendrick back to 4927 University Ave address. Please see Officer
Museus's original report for more details.
I Author Name: _ �H ABDULLAHI
Follow -up Investigation
Today 12/28/2015 1 signed complaint 15CH645 charging Kendrick McGraw with violating a
domestic abuse no contact order.
This case is cleared by arrest. I attached a copy of the complaint with this report.
Page 3 of 5 66
F
Author Name:
Follow -up Investigation
T FISCHER
Incident #: HA15300778
Dispatched to an order for protection violation at 4927 University Ave. #8. Dispatch notes stated
a male, Kendrick Bernard McGraw, had left the apartment with no shirt on.
While arriving, Officer Abdullahi aired that McGraw had fled on foot from 4901 University Ave.
An unnamed bystander told me he saw someone flee west across University while on 49th Ave.
I found officer Abdullahi handcuffing Mcgraw just west of University and north of 49th. Mcgraw
stated he fled because he did not want to get arrested. l drove him back to the apartment lot.
I took a digital recorded post - Miranda statement from McGraw and he stated he arrived at the
apartment last night to see his kids and it wasn't until this morning that he go into a verbal
domestic with his girlfriend, Angela Morris. McGraw stated he and Morris have a child together.
McGraw stated he tried to leave the apartment and Morris physically tried to stop him. McGraw
stated he got into the hallway, where Morris continued to try to stop him from leaving. Mcgraw
stated he was yelling for a neighbor to call police, but he eventually got away. McGraw stated
he knew he had an order for protection placed on him and he was not suppose to be at the
apartment. I took digital photos of McGraw's injuries which included a minor cut on his chest
and on his neck.
I took a digital recorded statement from Morris and she stated McGraw arrived this morning and
she knowingly let him inside. Morris stated they were arguing over their relationship when
McGraw tried to leave but Morris physically tried to keep him from leaving so police could arrest
him. Morris stated she did not want to talk about what had happened in the hallway. I advised
Morris to call police in the future rather than allow McGraw inside the apartment. Morris stated
she would not speak with Alexandra House but she has been in contact with them. As a result,
later contacted Alexandra House to report the violation.
I later uploaded statements and photos of McGraw's injuries to the CHPD. I transported
McGraw to Anoka County Jail along with a victim notification. A criminal history received from
dispatch showed one DANCO violation conviction in 2014 that will enhance charges to a gross
misdemeanor.
Affidavit completed.
Request McGraw be charged by complaint for gross misdemeanor DANCO violation and flee
police on foot.
Pending gm complaint.
TO: ACO257- 00025928 20151226 15:09:16 4057006548 & #10;FROM: MNHOT2- 13792263
20151226 15:09:15 405700171`6 & #10;NO HIT WANTED PERSON FILE & #10; & #10;QP
ORI /MN0020400.NAM /MCGRAW, KENDRICK BERNARD.DOB /19900822. & #10; & #10;MKE /MN
PROTECTION ORDER. & #10;DOMESTIC ABUSE NO CONTACT ORDER- SERVED & #10;DO NOT
Page 4 of 5 67
/noident/tHA15300778
ARREST BASED SOLELY ON THIS RECORD CONFIRM ALL HITS &#lO;VV[7H THE ENTERING
AGENCY. [;&#lO;OR|/MND02O8C2.PNO/O2CRl57360.D;N&M/K4[GRAN(KENDR|CK
BENARD.DOB/19900822.K8|N/896450.8RD/U. SEX/M.RA[1U.
8'#1O;N|[/H946206068.DRE/2U15ll12.|5D/2OlSllIZ.EXP/2Ol7IOI2.&#IO;&#lQ;M|S/Interirn
Condition CRIMINAL COURT DOMESTIC ABUSE NO CONTACT ORDER.
O'#lO;O;**** RESPONDENT |NFORW1AT|ON*****&#IO;AK4/K4CG RAW, KENDRICK BERNARD.
O;&#IO;***** PROTECTED PERSONS AND COND|T|(]0S*****O;PPN/K4[)RR|S,ANGELA
TY/\NNE,PP8/199409I6.PSX/F.8i#IO;OFP/NC,XVV./ 8i#10;*****COURT
|NFONK4AT|ON***=**8'#IO;CT|/K4NOU2U2S]JDG/LARSQN KRISTIN C
'
Author Name:
Officers (2)
Supplementing Officer:
First Tech Approval:
Reporting Officer:
Attachments (8)
AMUSEUS
AbduUahiHashim
(HPD00U55)
bob
Fischer, Ted A (HPDO0011)
Description:
Teletype
File Name:
HAI5300778T7/pdf
Description:
Offender Tracking Form
File Name:
HA15300778OTF.pdf
Description:
Complaint/Order ofDetention
File Name:
HA153007780D.pdf
Description: Affidavit
File Name: HA15300778AFF.pdf
12/26/2015 09:45:00
12/26/2015 08:29:00
Description:
Authority toDetain
File Name:
HA16300778ATD.pdf
Description:
Last page ofComplaint
File Name:
HA15300778OD2.pdf
Description: Fax Confirmation -CH[A, Clerk ofCourts,
|n[usto]y
File Name: HA15300778FCS.pdf
Description: Fax Confirmation
File Name: HA15300778FCS3.pdf
Page of 5
Cullen Homes
5100 Eden Ave #102C
Edina, MN 55436
612 -874 -1660
,Subject. Repeat Nuisance Call ,Service Fee Violation — 4th Call
Dear Property Owner:
��t�MQik Nti�`�
Our city records show that you own the property located at: 4927 University Ave NE
Columbia Heights MN 55421
This letter is to inform you that the City of Columbia Heights Police Department has responded to
the above address where a fourth service call involving nuisance misconduct has occurred within a
period of 365 days. The specifics of that call are outlined below:
Fourth Violation —
• Case number: HA16000136
• Date and Time of Incident: January 10, 2016 at 3 :17 a.m.
• Address, including apt #: 4927 University Ave NE, Apt, 3
• Name of tenant(s): Mack, Jackie Lynn
• Misconduct involved: Marijuana
Third Violation —
® Case number: HA15300778
• Date and Time of Incident: December 26, 2015 at 8 :29 a.m.
• Address, including apt #: 4927 University Ave, NE, Apt. 8
• Name of tenant(s): McGraw, Kendrick Bernard; Morris, Angela Tyanne Marie
• Misconduct involved: DANCO Violation/Flee police
• Date of notification: January 8, 2016
Second Violation —
• Case number: 15221382
• Date and Time of Incident: October 13, 2015 at 11:14 a.m.
• Address, including apt #: 4927 University Ave. NE, Apt. 8
• Name of tenant(s): McGraw, Kendrick Bernard; Morris, Angela Tyanne Marie
• Misconduct involved: Domestic
• Date of notification: October 20, 2015
825 41st Ave NE Columbia Heights, MN55421 (763) 706 -8100 f (763) 706 -8126
www. chpolice. corn 69
Cullen Homes
January 15, 2016
Page two
First Violation —
• Case number: 15021877
• Date and time of incident: February 1, 2015 at 3:26 a.m.
• Address, including apt #: 4927 University Ave. NE, Apt. 11
• Name of tenant(s): Simpson, Essie Rackale
• Misconduct involved: Domestic Disturbance
e Date of notification: February 10, 2015
A copy of City of Columbia Heights Ordinance No. 1568 is attached. The Ordinance states
that the City may impose a repeat nuisance service call fee of $250 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. In addition, the repeat nuisance service call fee can include an amount 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. The City of Columbia
Heights has the right to seek other legal remedies or actions for abatement of the nuisance or
compliance with the law.
Because this is the fourth violation to occur within a period of 365 days, we have now imposed a
service fee of $250.00. Billing is attached. The fee 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. See Section 8.806 of Ordinance No. 1568 for
conditions that apply to your right to appeal.
If you have any questions, please call me at 763 - 706 -8113.
Sincerely,
Lenny Austin
Captain
Attachment. Invoice
Ordinance No. 1568
70
Columbia Heights Police Department Incident #:
HA16000136
Case #: HA16000136
4927 UNIVERSITY AVE NE Apt #3 COLUMBIA HEIGHTS, MINNESOTA 55421
Description of Incident:
DOMESTIC
Reported Date:
01/10/2016 03:17:00
Time Assigned:
0317
Time Arrived:
0320
Time Cleared.,
0345
Day of Week
SUN
Incident Start Date:
01/10/2016 03:17:00
Incident End Date:
01/10/2016 03:17:00
How Received:
PHONE
Case Summary
COMPLAINANT (1)
MACk, JACKIE LYNN
DOB:
Age:
Address:
City:
Zip Code
02/20/1968 Race:
47 Sex:
4927 UNIVERSITY AVE Apartment:
NE
COLUMBIA HEIGHTS State:
55421 Driver's License
License State:
MINNESOTA
Heir Color:
BLACK
Weight.
180
Number:
Eye Color:
Height:
DOB:
Caller called to report
that she got into a
domestic with mutual
pushing involving her
daughter and step
daughter. Conduct on
licensed premise
violation, marijuana
located in the apartment,
BLACK
FEMALE
3
MINNESOTA
K781197360016
BLACK
507
07/2411984
Page 1 of 3 71
PERSON MENTIONED (1)
MACK, CHARMAINE
r
Race:
Sex:
City:
Zip Code:
License State:
Incident #: HA16000136
UNKNOWN
Age:
31
FEMALE
Address:
430 YELLOW BRICK
CIR
CHASKA
State:
MINNESOTA
55318
Driver's License
0157116624513
Number:
MINNESOTA
Eye Color.
HAZEL
508
Weight:
156
Charge (1)
DOMFAM DOMESTIC - FAMILY 9000 MISC CODE 9999
Offense Status: GONE ON Felony /Misdemeanor: <null
ARRIVAL/UNABLE TO
LOCATE
Property (1)
Property Status: Contraband Property Class: Y - ANY NOT FITTING
IN ABOVE
CATEGORIES
Related Offense: DOMFAM DOMESTIC - Property Description: BAGGIE OF
FAMILY 9000 MISC MARIJUANA -
CODE 9999 DESTROYED
Narrative (1)
Original Officer Narrative
Page 2 of 3 72
Incident #: HA16000136
I was dispatched to 4927 University Ave apartment three on a report of a domestic situation
Notes on the call said one of the involved parties had left the apartment headed for Chaska.
I arrived with Officer Wood and we met with the caller, Jackie Mack. Jackie stated she just
moved into the building recently. Tonight, Jackie's daughter, Charmaine Mack and her
stepdaughter, Honey Johnson came to the apartment. Charmaine asked Jackie for some money,
but Jackie refused to give it to her. Jackie said Charmaine became upset and the three of them
started pushing each other. Jackie led me to her bedroom and she said that is where the pushing
happened.
As I was speaking with Jackie, she was trying to find her wallet. Jackie was becoming anxious
and upset about not being able to find it. During the course of our conversation, Jackie became
uncooperative and she said she didn't wish to pursue this matter any further. Jackie said she
didn't wish to be seen by an ambulance and I cancelled them.
While speaking with Jackie, I could see in plain view, a small baggie of marijuana sitting on the
floor between the bed and the television. I retained the marijuana.
Jackie walked out of the building away from me as 1 was trying to talk to her. I advised her to call
back if she changed her mind about speaking with me more about this. The marijuana was later
destroyed at the police station.
Author Name: J PIKALA
Officers (2)
Reporting Officer
Supplementing Officer
First Tech Approval:
ekk
Pikala, Joe M (HPD00035)
Wood, Tabitha
(HPD00052)
01/10/2016 03:17:00
01/10/2016 03 :56:00
Page 3 of 3 73