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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. 12 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. 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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. 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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. &#10; 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. &#1[;&#lO;OR|/MND02O8C2.PNO/O2CRl57360.&#1D;N&M/K4[GRAN(KENDR|CK BENARD.DOB/19900822.K8|N/896450.8RD/U.&#10;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;&#1O;**** RESPONDENT |NFORW1AT|ON*****&#IO;AK4/K4CG RAW, KENDRICK BERNARD. &#1O;&#IO;***** PROTECTED PERSONS AND COND|T|(]0S*****&#1O;PPN/K4[)RR|S,ANGELA TY/\NNE,PP8/199409I6.PSX/F.8i#IO;OFP/NC,XVV./&#10;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