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HomeMy WebLinkAboutJune 13, 2005 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL JUNE 13, 1005 The following are the minutes for the regular meeting of the City Council held at 7 :00 p.m. on Monday, June 13,2005 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Present: Mayor Gary Peterson, Councilmember Bobby Williams, Councilmember Bruce Nawrocki, Councilmember Tammera Ericson Diehm, and Councilmember Bruce Kelzenberg Pastor Tim Roehl, ChristLife Church gave the Invocation. PLEDGE OF ALLEGIANCE - recited. ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson added the purchase of police vehicles as Consent Agenda item #8. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS Proclamations Stand for Children Day - Values First Mayor Peterson read the proclamation and presented it to Police Chief Tom Johnson. Johnson accepted this as a member ofthe Values First Community. He described the school program "Journey to a Better Life" from the Middle School, depicting the seven core values of the Values First Program. Recognition 1) Betty Sogge - 2005 Humanitarian of the Year Mayor Peterson awarded Ms. Betty Sogge with a recognition plaque, a bond from Northeast State Bank, a gift certificate from Taste Pizza, and a DVD player from the City. Ms. Sogge thanked the Mayor and Councilmembers for this award. She indicated the fulfillment she receives from helping others. Peterson stated that Ms. Sogge would also be honored by riding in the Jamboree parade in a convertible driven by the Mayor. 2) 2005 Values First Awards Pastor Dan Thompson - Citizen Award Recipient Police Chief Tom Johnson presented Pastor Dan Thompson with the 2005 Values First Individual Citizen Award and listed his contributions to the committee. This is the fifth year this award has been given. Pastor Thompson thanked the COlmnittee for this honor. He stated his pleasure to accept this award and acknowledged his family and Church members that were present. Kordiak Companies - Business Award Recipient Albert and Jim Kordiak were presented the Business Award from Values First Initiative. Johnson listed their contributions to the COlmnunity that exemplify the Seven Core Values. Jim Kordiak spoke of his father's cOlmnunity service. Al Kordiak thanked the Committee, the Mayor, and the City Council. Peterson stated there were sever weather warnings; the meeting was paused to check weather conditions. City Council Minutes June 13,2005 Page 2 CONSENT AGENDA City Manager Walt F ehst took Councilmembers through the consent agenda. 1) Approve City Council Meeting Minutes for May 23,2005 regular City Council meeting Motion to approve the minutes of the May 23,2005, regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes Motion to accept the June 7, 2005 minutes of the Planning and Zoning Commission. 3) Establish Work Session meeting date for Tuesday, June 21,2005, beginning at 7:00 p.m. in Conference Room 1. Nawrocki stated that work sessions are special meetings and items discussed should be only what were called for. Motion to establish a Work Session meeting date for Tuesday, June 21,2005 beginning at 7:00 p.m. in Conference Room 1. Upcoming Work Session Items were stated as: Heritage Heights neighborhood, no fault sewer backup insurance, appraisals of 50th and Central, Ordinance for recreation fires, purchase 800 MHz radios, City Code, award of water jetter bid, review MSC building project. 4) Adopt Resolution No. 2005-29 being a Resolution adopting a Post Employment Health Care Saving Plan - Removed 5) Establish a Hearing Date of June 27, 2005 for revocation or suspension of rental property license at 4258 2nd Street, 1231-33 Circle Terrace and 1301-03 Circle Terrace, and 4032 Van Buren Street Motion to Establish a Hearing Date of June 27, 2005 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against 4258 2nd Street. Motion to Establish a Hearing Date of June 27, 2005 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against 1231-33 Circle Terrace and 1301-03 Circle Terrace. Motion to Establish a Hearing Date of June 27,2005 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against 4032 Van Buren Street. 6) Approve Business License Applications Nawrocki indicated he was not in favor ofthe peddlers license for fireworks. Chief Johnson stated that this request cannot be denied and listed the inspections that would be conducted by the Police and Fire Departments. Nawrocki questioned if the mall parking lot would meet parking requirements if this tent were erected. Staff will check the requirements. Nawrocki stated that the sale of fireworks is not a desirable thing and asked how the product is protected at night. Fire Chief Gary Gonnan stated that items are placed in a storage container and someone remains on site 24 hours a day. Gonnan reiterated that this request cannot be prohibited or charged an exorbitant license fee. Motion to approve the items as listed on the business license agenda for June 13,2005 as City Council Minutes June 13, 2005 Page 3 presented, removing the peddlers license for fireworks. 7) Authorize purchase oftwo Ford Crown Victoria Police vehicles Motion to authorize the purchase of two 2006 Crown Victoria Police vehicles per the State of Minnesota bid, with funding to come from 431-42100-5150 in the amount of $45,156, and authorize the Mayor and City Manager to enter into a contract for the same. 8) Approve Payment of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 112995 through 113233 in the amount of $1,051,722.57. Motion by Nawrocki to approve the consent agenda, with the exception of item #4 and item #6 - license application to sell fireworks. Peterson stated that any changes to address the sale of fireworks should have been done six months ago. Precedent shows that fireworks sales have been approved in the past. It is unfair to change anything at this late date. Motion seconded by Williams. Upon vote: Kelzenberg, aye; Williams, aye; Nawrocki, aye; Peterson, aye; Ericson Diehm, no vote - stepped out ofthe room. 4 ayes. Motion carried. 4) Adopt Resolution No. 2005-29 being a Resolution adopting a Post Employment Health Care Saving Plan Nawrocki stated there are other plans with different options and fees to consider and if this goes into effect immediately only six to eight employees would be eligible. Linda Magee, Assistant to the City Manager, stated those employees eligible would be non- union status, the Mayor and Councilmembers. Unions could participate at any time, following the submission of a letter of understanding. She indicated there are two plans available, the State ofMN plan and the lCMA plan; the lCMA plan is not restricted to severance payor sick leave balance, and is available for contributions. There would not be a fee to the City, and only a nominal fee to the employee. There is nothing to preclude us from offering both, other than administrative work. Magee stated the resolution and plan adoption are boilerplate and not created by us. Williams stated his support ofthe plan, as this is a win-win situation. It is a post-employment plan and can only be used for health care. Nawrocki stated he has taken a class on this and there are other plans available, giving employees more choices. Kelzenberg stated it is something we can give our employees; saving for their future, as some people cannot retire because they cannot pay for health care. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2005- 29, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2005-29 being a resolution City Council Minutes June 13,2005 Page 4 adopting the Vantagecare Retirement Health Savings (RHA) Program and adoption agreement. Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. RESOLUTION 2005-29 ADOPTING THE V ANTAGECARE RETIREMENT HEALTH SAVINGS (RRS) PROGRAM WHEREAS, the City of Columbia Heights has employees rendering valuable services; and WHEREAS, the establishment of a retiree health savings plan for such employees serves the interests of the Employer by enabling it to provide reasonable security regarding such employees' health needs during retirement, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the City of Columbia Heights has determined that the establishment of the retiree health savings plan (the "Plan") serves the above objectives; NOW, THEREFORE, BE IT RESOLVED that the City of Columbia Heights hereby adopts the Plan in the form of the ICMA Retirement Corporation's VantageCare Retirement Health Savings Program. BE IT FURTHER RESOLVED, that the assets of the Plan shall be held in trust, with the City of Columbia Heights serving as trustee, for the exclusive benefit of Plan participants and their beneficiaries, and the assets of the Plan shall not be diverted to any other purpose prior to the satisfaction of all liabilities of the Plan. The City of Columbia Heights has executed the Declaration of Trust of the City of Columbia Heights Integral Part Trust in the form of the model trust made available by the ICMA Retirement Corporation. BE IT FURTHER RESOLVED, that the Assistant to the City Manager/Human Resources Director shall be the coordinator and contact for the Plan and shall receive necessary reports, notices, etc. Temporary peddlers license for fireworks removed from business licenses. Motion by Kelzenberg, second by Williams, to approve the temporary peddlers license for fireworks as listed in the business license applications. Kelzenberg asked the Fire Chief if there have been any past problems with these temporary licenses. Chief Gonnan stated there have been no problems. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A) Close Public Hearing for Revocation/Suspension of Rental Housing License at 1133 45th Avenue. Mayor Peterson closed the Public Hearing regarding the revocation or suspension of the Rental License held by Dorm Woods regarding rental property at 1133 45th Avenue in that the property has been sold and no longer is rental property. B) Close Public Hearing for Revocation/Suspension of Rental Housing License at 4253 McLeod Street Mayor Peterson closed the Public Hearing regarding the revocation or suspension ofthe Rental License held by TJ Holdings regarding rental property at 4253 McLeod Street in that the violations have been corrected. C) Close Public Hearing for Revocation/Suspension of Rental Housing License at 3700 Jackson Mayor Peterson closed the public hearing regarding the revocation or suspension of the rental City Council Minutes June 13, 2005 Page 5 license held by Timothy Taylor regarding rental property at 3700 Jackson in that the owner has scheduled the inspection as directed. D) Close Public Hearing for Revocation/Suspension of Rental Housing License at 1000 Peters Place Mayor Peterson closed the public hearing regarding the revocation or suspension ofthe rental license held by Sunshine Management regarding rental property at 1000 Peters Place Avenue in that the owners have allowed the inspection as directed. Marilyn Wenz, 1000 Peters Place, indicated there are repairs that are not being completed at this building. After being taken to court, they are fixing empty apartments and COlmnon areas, but not the apartments of current renters. They still have not sent renters their CRP forms. Chief Gorman stated the original revocation was for a complaint inspection on apartment 302 and not allowing inspection ofthe entire building. Violations on #302 were fixed and the inspection allowed, removing the revocation process. Upon inspection, 50 violations were noted. The process now allows 30 days to fix the violations; if not complete there is a $100 fine and 15 additional days allowed, then another $100 fine and another 15 days allowed, then a $300 fine. The name of a new management company has been received. Williams asked if the license is transferable. Gorman stated no, but the management company may change. Ericson Diehm asked who holds the license. Gorman stated Sunshine Management. Peterson stated that the inspections were allowed as requested. Gonnan indicated this could turn into a 70 day process. The policy recommended for approval would limit the process to 30 days. Nawrocki stated it is imperative to find out who owns the building. The license needs to be in the name of the building owner. Jim Hoeft, City Attorney, agreed. Nawrocki stated it is in violation of State law that these people have not received their renter's credit form. Katrice Bright, 1000 Peters Place, indicated she contacted Sunshine Management and they make it clear that they do not own the building and will only do outside maintenance. She stated that windows in the apartments are rotting. Peterson asked the attorney for advice. Hoeft stated that we are operating under the existing policy and that this body realizes the time allowed is generous and may take action tonight. The process has been followed properly. It would be good to follow up on the ownership of the property to be sure the correct entity is being licensed. Ericson Diehm asked when the new policy could be used. Hoeft stated the 30 day limit could be used upon approval. Sherlene Durant, 1000 Peters Place, indicated concern that the hallways were being repaired before the unsafe apartments. She stated there is a broken front window. Gorman stated this would be inspected tomorrow. Durant questioned ifthe notice sent to the owner was by certified mail. Gorman stated the notices are sent by regular mail. Nawrocki suggested sending this one by certified mail. Nawrocki requested that Councilmembers receive a follow up report in 30 days. City Council Minutes June 13,2005 Page 6 E) Adopt Resolution No. 2005-31, being a Resolution ordering the Public Improvement for Huset Parkway and authorizing advertisement for bids for 2005 improvements - Huset Parkway, Proiect No. 0404 Fehst read from the pre-agreement with Schafer/Richardson, and stated that we are well into this process. He indicated the difference in the present tax capacity of $46,000 to the anticipated $125 million capacity. Nawrocki asked what the obligations ofthe developer are and ifthey have been met, as we have not seen a finn plan. Fehst read the developer's responsibilities. Fehst stated the site plan and preliminary phase went before the Planning and Zoning Commission on June 7. Nawrocki questioned if all properties have been purchased. Fehst stated yes, except for Steel Tech who has agreed not to protest the sale, but a sale price has not been agreed upon. Nawrocki asked if we have the land for the revised road. Fehst stated yes. Kevin Hansen, Public Works Director, gave the background on the project, which included a study on the capacity of utilities in the area and a feasibility report for the roadway and utilities. This was approved by the City Council in December 2004. Hansen stated the boundaries ofthis roadway. The capacity ofthe water and sewer main of the area are adequate. The sewer main is in good shape, except the size of the manholes are too small and need to be replaced. The water main is 10 inch, but the current pipes are more than one-half constricted and recOlmnended for replacement. There is a history of flooding in the area, and to be consistent with the Comprehensive Plan we would include two ponds. Hansen stated this roadway would be built to the State Aid Standard. The parkway would include bituminous trails, heavy landscaping, street lighting, pedestrian lighting, and three to four varieties of deciduous trees for a tree lined parkway concept. This would include a median entrance with a round-a-bout, landscaping, and art. Hansen referred to drawings in the Council packet. The cost with the engineering fee and contingency fee would be $3.952 million. This is consistent with the feasibility report, with 58 percent assessed to the developer and the remainder from our utility funds, park dedication funds, and other small sources of funding. A Livable Communities Grant will also be submitted within the month. This bid would be brought forward at the last meeting in July, with construction beginning in August and completed by mid next summer. Nawrocki referred to the gateway signs costing $75,000. He indicated that about $2.5 million of the project cost would be from taxes and fees to residents of Columbia Heights. Nawrocki stated that utility rates have risen 50 percent over the last five years. Fehst stated he would research that number. Nawrocki stated that there is nothing wrong with 39th Avenue, as it serves the areas needs. Hansen spoke on the median, crosswalks, and parking. Ericson Diehm stated this is a $3.5 million project, with 55 percent paid by developer, for a $125 million project. Fehst pointed out that the current value ofthe property has been reduced to $2.5 million. Ericson Diehm indicated this is not outrageous for a $125 million project. The City must make a commitment to this project. Williams stated that the taxes collected now are 2.7 percent of what we will collect. Citizens are not being asked to pay for this, only with a share of utility costs. We are building our city. Hansen stated that approval ofthe resolution requires a 4/5th vote. City Council Minutes June 13,2005 Page 7 Kelzenberg stated that the Park Commission has given overwhelming approval to this project. Ifwe are rebuilding this community, this is the place to start. The roadway needs to be realigned for safety. Nawrocki stated that this project takes 60 percent ofthe industrial land in the community. Randy Schumacher, Community Development Assistant, indicated in the three to four year build out there would be 125 new trade positions. Mayor Peterson closed the public hearing. Motion by Williams, second by Kelzenberg to waive the reading of Resolution No. 2005-31, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg to approve and adopt Resolution No. 2005-31 ordering the Public Improvement for Huset Parkway and authorizing Advertisement for Bids for 2005 Improvements - Huset Parkway, City Project No. 0404. Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. RE S OL UT IONNO. 2005-31 BEING A RESOLUTION ORDERING PUBLIC IMPROVEMENTS HUSET P ARKW A Y PUBLIC IMPROVEMENTS WHEREAS, Resolution No. 2005-28 of the Columbia Heights City Council adopted the 23rd day of May, 2005, fIxed a date for a council hearing on the proposed improvement of Huset Parkway from 3ih Avenue to Jefferson 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 13th day of June, 2005, at which all persons desiring to be heard were given an opportunity to be heard thereon, WHEREAS, the Council determines to proceed with this local improvement, a portion of the cost being defrayed by special assessments under Charter provisions. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: 1. That the location and extent of such improvements is as follows: Work includes water main and sanitary sewer construction and repairs, new storm sewer and ponding, soil corrections and new granular sub-base, new aggregate base, new concrete curb and gutter, new bituminous surfacing, required utility service extensions, required concrete sidewalk and bituminous trail, new street lighting and landscaping, restoration, and miscellaneous construction items and appurtenances. All on or near Huset Parkway from 3 7th Avenue to Jefferson Street. 2. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report dated December 6th, 2004, and as prepared by the Engineering Consulting Firm of SEH. 3. Such improvement is hereby ordered as proposed in the Council Resolution adopted the 23rd day of May 2005. 4. These improvements shall also be known as P.I.R. 2005-SA-02-001 - Project 0404. 5. Such plans and specifIcations identifIed as 2005 Improvements, Huset Parkway, City Project Number 0404 are hereby approved. 6. The city clerk shall prepare and cause to be inserted in the official paper and in a trade journal an advertisement for bids upon 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 Council of Columbia Heights until 2:00 p.m. on July 14th, 2005, at which time they City Council Minutes June 13, 2005 Page 8 will be publicly opened at the place designated, will then be tabulated and will be considered by the council at 7:00 p.m. on July 25th, 2005, 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. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions 1) Adopt Emergency Ordinance No. 1488, being an Interim Ordinance for the purpose of protecting the planning process and the health, safety, and welfare of city residents; and regulating duplex/twin home construction Fehst stated that we have more duplex/twin homes that any other inner ring city. This request is for a six month moratorium on duplex/twin homes for research. Hoeft indicated that twin homes are being built on split properties in locations that were traditionally single family neighborhoods. The time frame can be extended or shortened at any time. Nawrocki stated this was not reviewed at the work session, and questioned what happened to the request to look at limiting rental units in the community. Fehst said that duplexes were one ofthe issues he requested be reviewed, along with the cost of utilities and rental property. Hoeft stated that we can not prevent people from renting their property. This moratorium is to look at the housing stock, as twin homes end up being rental property. We can look at addressing modifications to set-backs, etc. Harold Hoium, 5th Street, suggested rental owners have their potential tenants checked through the Police Department. Motion by Williams, second by Ericson Diehm, to waive the reading of Ordinance No. 1488, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Ericson Diehm, to adopt emergency Interim Ordinance No. 1488, for the purpose of protecting the planning process and the health, safety, and welfare of city residents; and regulating duplex/twin home construction Upon vote: All ayes. Motion carried. EMERGENCY ORDINANCE NO. 1488 AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS; AND REGULATING DUPLEX/TWIN HOME CONSTRUCTION The City of Columbia Heights does ordain: Section 1: On May 29,2001, the City of Columbia Heights adopted Ordinance 1428, which is an ordinance relating to and establishing a Zoning and Development plan and revised Zoning Map for the City of Columbia Heights; and, Section 2: Ordinance 1428 and subsequent amendments is official known as the Columbia Heights Zoning and Development Ordinance; and, Section 3: The City Council determines it is necessary to undertake a land use study to determine the effect that duplexes/twin homes are having on the areas in which they are or can be located, including, but not City Council Minutes June 13,2005 Page 9 limited to the effects on primarily single family residential neighborhoods due to size, character, and design of the structures; and, Section 4: The Columbia Heights City Council fmds it necessary and appropriate to prohibit the construction of duplexes/twin homes while information is gathered and studied so as to obtain an accurate depiction of the effects such structures are having in Columbia Heights; and, Section 5: Minnesota Statutes, Section 462.355, Subd. 4 allows the City of Columbia Heights to adopt this Interim Ordinance to protect the planning process. The City Council fmds that adoption of this Interim Ordinance will protect the planning process and the health, safety and welfare of its citizens while the study provided for in this Ordinance is being conducted; and, Section 6: The Columbia Heights City Council hereby imposes a moratorium on the construction of duplexes/twin homes effective immediately and terminating on December 13,2005 and recognizing said time period may be shortened or extended by adoption of an Emergency Ordinance by the City Council; and, Section 7: Activities affected by this moratorium include any site plan review and/or issuance of permits necessary for construction; and, Section 8: This Ordinance shall be in full force and effect immediately. 2) First reading of Ordinance No. 1487, being an Ordinance Adopting the Minnesota State Fire Code Fehst stated this adopts the State Fire Code. It allows for the collection of fees for a variety of items. Nawrocki stated disagreement with adopting an Ordinance without discussing what the associated fees would be. Fehst stated that internal goal #3 ofthe City is to find ways to cover costs. Motion by Ericson Diehm, second by Williams, to waive the reading of Ordinance No. 1487, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Ericson Diehm, second by Kelzenberg, to set the second reading of Ordinance No. 1487, being an Ordinance adopting the MN State Fire Code for Monday, June 27, 2005 beginning at approximately 7:00 p.m. in the City Council Chambers. Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, aye; Peterson, aye. Motion carried. ORDINANCE NO. 1487 ADOPTING THE MINNESOTA STATE FIRE CODE BEING AN ORDINANCE AMENDING ORDINANCE No. 853, CITY CODE 1977 ADOPTING THE MINNESOTA STATE FIRE CODE. THIS ORDINANCE PROVIDES FOR THE APPLICATION, ADMINISTRATION, AND ENFORCEMENT OF THE MINNESOTA STATE FIRE CODE REGULATING AND GOVERNING THE SAFE-GAURDING OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION HAZARDS TO LIFE OR PROPERTY IN THE OCCUPANCY OF BUILDINGS AND PREMISES IN THE CITY OF COLUMBIA HEIGHTS; PROVIDE FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREOF; PROVIDES PENALTIES FOR VIOLATION THEREOF; REPEALS ALL ORDINANCES AND PARTS OF ORDINANCES THAT CONFLICT THEREWITH. THIS ORDINANCE SHALL PERPETUALLY INCLUDE THE MOST CURRENT EDITION OF THE MINNESOTA STATE FIRE CODE WITH THE EXCEPTION OF THE OPTIONAL APPENDIX CHAPTERS. OPTIONAL APPENDIX CHAPTERS SHALL NOT APPLY UNLESS SPECIFICALLY ADOPTED. City Council Minutes June 13, 2005 Page 10 The City of Columbia Heights does ordain: Section 1 Codes adopted bv reference. The Minnesota State Fire Code, as adopted by the Commissioner of Public Safety through the Division of Fire Marshal, pursuant to Minnesota Statutes Chapter 299F.Oll, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Public Safety through the Fire Marshal Division is hereby adopted by reference with the exception of the optional appendices, unless specifically adopted in this Ordinance. The Minnesota State Fire Code is hereby incorporated in this ordinance as if fully set out herein. Section 2 Application, Administration, and Enforcement. The application, administration, and enforcement of the code shall be in accordance with Minnesota State Fire Code. The code shall be enforced within the extraterritorial limits permitted by Minnesota Statutes, 299F.Oll, when so established by this ordinance. The code enforcement agency of the City of Columbia Heights is the Columbia Heights Fire Department. Section 3 Permits and Fees. The issuance of permits and the collection of fees shall be as authorized in Minnesota Statutes, 299F.0 11. Permit fees shall be assessed for work governed by this code in accordance with the fee schedule adopted by The City of Columbia Heights by Resolution. Section 4. Violations and Penalties. A violation of the code is a misdemeanor (Minnesota Statutes 299F.Oll). Section 5. Fire Code Optional Appendices. The Minnesota State Fire Code, established pursuant to Minnesota Statutes 299F.Oll allows the Municipality to adopt by reference and enforce certain optional Appendices of the most current edition of the Minnesota State Fire Code. The following optional appendices identified in the most current edition of the State Fire Code are hereby adopted and incorporated as part of the fire code for this municipality. 1. Appendices D, E, F, G, H, 1. Section 6. Effective date of Ordinance. This Ordinance shall be in full force and effect thirty days after its passage. 3) Second reading of Ordinance No. 1485, being an Ordinance amending Ordinance No. 853, City Code 1977, and pertaining to iunk vehicles. Motion by Kelzenberg, second by Elicson Diehm, to waive the reading of Ordinance No. 1485, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Harold Hoium questioned the number of junk car complaints received. Fehst stated that he receives three or four complaints a day. Motion by Kelzenberg, second by Elicson Diehm, to adopt Ordinance No. 1485, being an Ordinance amending Ordinance No. 853, City Code 1977, and pertaining to junk vehicles. Nawrocki stated this ordinance reduces the time limit to get lid of junk cars fi-om seven to three days. The problem is to get follow up under the existing ordinance and will be even harder to do in three days. Upon vote: Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, City Council Minutes June 13,2005 Page 11 aye; Peterson, aye. Motion carried. ORDINANCE NO. 1485 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE 1977, PERTAINING TO JUNK VEHICLES: The City of Columbia Heights does ordain: Chapter 7, Article II, Section 5, Subsection 7.205(7) of the Columbia Heights City Code, 7.205 (7) No person shall park, keep, place, store or permit the parking or storage of any stock car, racing car, or junk vehicle on a public street or alley, or any private lands or premises which he owns, occupies or controls for a period of longer than 96 hours, unless it shall be within a building on such private premises. Said person shall be given a notice of violation by the City to take corrective action. Corrective action shall be defIned as follows: (1) When the vehicle is legally parked and in compliance with all applicable City Ordinances and State requirements for an operable vehicle on public roads. In the event corrective action is not taken within ninety-six (96) hours from the notice of the violation, the city may take the vehicle into custody, impound it, and the vehicle is eligible for disposal or sale as an unauthorized vehicle under section 168B.08, 45 days after notice to the owner. For purposes 00.205(7), 7.205(8) and 7.205(9), (a) "Bus" means a vehicle designed for carrying passengers and having a seating capacity of more than nine persons, but not to include any such vehicle which has been altered for use for camping purposes exclusively. (b) "Motor truck", "truck tractor", or "commercial vehicle" means a vehicle having either a capacity of more than one (1) ton or weight of more than 5,000 pounds or both, but not to include vehicles, which are designed exclusively for recreation purposes. (c) "Junk vehicle" means any motor vehicle which is not in operable condition, or which is partially dismantled, or which is used for sale of parts or as a source of repair or replacement parts for other vehicles, or which is kept for scrapping, dismantling, or salvage of any kind. Failure to prominently display a motor vehicle registration license for the current year shall be prima facie evidence that such vehicle is a junk vehicle. 4) Second Reading of Ordinance No. 1486, being an Ordinance amending Ordinance No. 853, City Code 1977 and pertaining to parking on landscaped surfaces. Peterson stated this Ordinance would shorten the time frame to remove vehicles from landscaped surfaces. Motion Ericson Diehm, second Williams, to waive the reading of Ordinance No. 1486, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion Ericson Diehm, second by Williams, to adopt Ordinance No. 1486, being an Ordinance amending Ordinance No. 853, City Code 1977 and pertaining to parking on landscaped surfaces. Harold Hoium stated that people can use their property any way they want. Williams stated this ordinance is very fair to our citizens. Upon vote: Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, aye; Peterson, aye. Motion carried. City Council Minutes June 13,2005 Page 12 ORDINANCE NO. 1486 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE 1977, PERTAINING TO PARKING ON LANDSCAPED SURF ACES: The City of Columbia Heights does ordain: Chapter SA, Article II, Section 7, Subsection 5A207(1)(b) of the Columbia Heights City Code Section 7: Screening and landscaping (b) Every yard of any premises on which a dwelling or dwelling unit is located shall have installed and maintained landscaping in accordance with the provisions of this section. (i) Sodding and ground cover. All exposed ground area surrounding the principal building and accessory buildings that are not devoted to driveways, parking areas, sidewalks, or patios, shall be sodded or landscaped with shrubs, trees, gardens, or other omamentallandscape materials. No landscaped area shall be used for the parking of vehicles or storage or display of materials, supplies or merchandise. The owner of the property and/or the owner of said vehicle in violation hereo(shall be given a notice of violation by the City and will be given ninety-six (96) hours to take corrective action. Corrective action shall be defmed as follows: (1) The owner of said property and/or vehicle has taken corrective action when the vehicle is legally parked and in compliance with all applicable City Ordinances and State requirements for an operable vehicle on public roads. In the event corrective action lli. not taken within ninety-six (96thours from the notice of the violation, the city may take the vehicle into custody, impound it, and the vehicle is eligible for disposal or sale as an unauthorized vehicle under section 168B.08, 45 days after notice to the owner. Bid Considerations -none Other Business 1) Approve the Preliminary Plat known as Huset Park based on the findings that it is consistent with the City's subdivision regulations and comprehensive plan Perry Thorvig, Consultant Planner for Columbia Heights, gave the history ofthis project. This part ofthe proposal is an 11 acre parcel ofthe 28 acre project. There will be 123 units in the Phase I project. Each unit will allow two parking spaces in the driveway and two on the street, with other cluster areas for parking in the plat. The Public Works and Fire Depaliments indicate the street width of 22 feet is acceptable for emergency vehicles and for breakdowns. The Planning and Zoning Commission recommends approval. Thorvig recOlmnended that the documents be clear as to the private street infrastructure. The City will own the water mains and sanitary sewers in the street. Ericson Diehm stated that the law firm she works for has represented Ryland Homes, but she has not been involved in any work done for the firm. Williams stated that the Planning and Zoning Commission did a tremendous job in their review and recormnendation of the 25 conditions to be met. Nawrocki stated that we do not know what we are getting; the latest drawing shows the co-ops have been eliminated. Thorvig stated they are to be replaced by carriage homes. Nawrocki questioned with private streets and public utilities, how we would gain access to the utilities. Hansen stated that the City would have public easements in all areas were there are water mains and sewer lines. The Developer will put in the lines and we will do the inspections to be sure they are put in correctly. Nawrocki did not agree with the 22 foot road width. Nawrocki and Fehst discussed the Sheffield project. Nawrocki indicated City Council Minutes June 13,2005 Page 13 that developing industry would be a benefit to the City. Fehst referred to benefits of the project, including the potential number of students helping our School District. Nawrocki requested the record show that the comment was made that we won't need additional policing because of this area. Williams indicated that any referendum or levy fees would also be attached to this property. Ericson Diehm stated that these items have been discussed before and requested discussion return to the preliminary plat. Nawrocki stated that we are compromising on the width ofthe street in a high density area. He referred to Ryland Homes ads for other areas, and in comparison this will be cheap housing. Ericson Diehm stated that the same home built in Columbia Heights if placed in another cOlmnunity would increase in value. Nawrocki respectfully disagreed, and stated concern about their quality of construction. Peterson stated his beliefthat this will be a beautiful project and an asset to the City. Motion by Kelzenberg, second by Williams, to approve the Preliminary Platknown as Huset Park based on the findings that it is consistent with the City's subdivision regulations and comprehensive plan. Peterson stated his appreciation to Perry Thorvig and the Planning and Zoning Commission for their work on this preliminary plat. Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. Nawrocki stated there are no amenities for the people who would reside in the project. Peterson stated the development is across from the largest park in our City. Peterson stated that this is high density housing, but that is what our economy is dictating. 2) Approve Final Plat of 4747 Central Avenue based on the findings that it is consistent with the preliminary plat Thorvig stated this is a revision to the Grand Central Lofts of one year ago redefining Outlot B and the outlet area by 49th Avenue for additional right-of-way. Williams asked if the conditions have been met. Thorvig stated that the Developer has no objections to the conditions. Motion by Ericson Diehm, second by Williams, to approve the Final Plat of 4747 Central Avenue based on the findings that it is consistent with the preliminary plat. Nawrocki questioned the change in utilities. Hansen stated the original infiltration pond has been change to a wet pond design. Nawrocki stated that the walking trail has been removed. Thorvig stated that it has been relocated. The preliminary plat map was reviewed. Nawrocki stated that there is more open space in this development. N edegaard stated that this has two parking stalls for every two bedroom unit. The St. Anthony project only has one stall for each two bedroom unit. Nawrocki referred to some fence damage and erosion. Nedegaard stated he is aware of this, but the large amount of rain has delayed City Council Minutes June 13,2005 Page 14 any repair. Nawrocki stated the concerns of Cheery Heights residents regarding loss of sight line. Nedegaard explained the benchmark and that it did not change from the original proposal. Williams asked if there are units for sale. Nedegaard indicated there are. Kelzenberg questioned removal of the proposed pool. Nedegaard stated it would be replaced with fountains and a 30 foot patio, fire pit, and barbeque pit area. Kelzenberg stated he has toured the facility and is very impressed. The underground sprinklers are probably more than the amount needed. Peterson stated he also toured the facility with the City Manager and was also very impressed. Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, aye; Peterson, aye Motion carried. 3) Authorize up to $25.000 in O.T. funds for additional Police Officer in Grid 8 area Nawrocki suggested we use police officers retired from other departments, rather than pay time and one-half to our officers. The cost would be less and we would get more hours. He stated that other parts of the cOlmnunity would also want this special service. Funds used should come from the unused salary for the two officers that are just beginning. Williams thanked the Mayor, Police Chief, and City Council for sending a message to those not obeying the law that we will be tough. We should have no excuses and move forward on these issues. We need to fight the drug problems and intimidation. We should encourage out landlords to get a Police reference on potential renters. Nawrocki stated his comments do not mean that he does not support our Police Department. In the past Officers have complained they did not want the overtime (OT). Kelzenberg asked if the OT would be mandatory or optional. Johnson stated that the extra time would be Thursday through Sunday, and if we need to make the time mandatory, we will. Hoium stated that citizens want this coverage for the entire city. We should be pro active. Johnson stated concern as to where the funds would come from. He has proposed the unused salary funds supplement the 2006 Police budget, because if those funds are not available we would have to tenninate officers that we have spent time and money training. Nawrocki asked where the $25,000 would come from. Kelzenberg stated it would come from the unreserved fund balance. Motion by Kelzenberg, second by Williams, to authorize up to $25,000 in overtime funds to be used by the Police Department to place an additional Officer in the Grid 8 area for up to 20 hours per week from June to August 2005 and to appropriate $25,000 from the General Fund, unreserved fund balance for this purpose. Motion to amend by Nawrocki, that the $25,000 come from the existing personnel budget. Amendment died for lack of a second. City Council Minutes June 13, 2005 Page 15 Upon vote of the original motion: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, aye; Peterson, aye. All ayes. Motion carried. 4) Adopt Resolution No. 2005-30, adopting the Property Maintenance Inspection Policy. Gonnan gave the background of the program over the last 17 years. This recommendation would put all relative policies into one package. Policy changes are: Licensing renewal is the first day of the month with notification sent 45 days in advance. If not inspected and renewed by that date, the property license would come to Council for revocation. Priority and life saving items would be immediate, outdoor trash would have a 10 day clean up allowance. If not completed, the property would come to Council for revocation. Extensions would only be granted during the original 30 day time frame. Nawrocki asked how this would change the lengthy legal process. Gorman stated the goal, upon residential property non-compliance, would be abatement. On rental propeliies we use license revocation. Nawrocki stated that the proposed fee structure is not included. Gorman stated that rental propeliy owners would be notified when this comes before the Council so they may attend. Motion by Williams, second by Ericson Diehm, to waive the reading of Resolution No. 2005-30, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Ericson Diehm, to adopt Resolution No. 2005-30, adopting the Property Maintenance Inspection Policy. Telmer Caraway, 1231 40th Avenue, indicated he was representing the Landlord's Association. He stated that the landlords feel inspection fees are overly inflated and do not agree with the differential between duplex owners and multi-unit owners. They want the same fee for everyone. Rental business is suffering and will for next 18 months. Troy Bradshaw, landlord, stated that the fees are not fair to single family homes. He takes pride in the three properties he owns and make sure that they fit into the neighborhood. If this is passed, city property must be maintained to the same standard. Ericson Diehm stated that this resolution would still use the current fees. Fehst stated that the original proposal was for $120,000 in revenue from inspections; this has been reduced to $72,000. Ericson Diehm stated appreciation for the landlord's participation and perspective, but they are a special interest group, and this is not just a bargain with the Fire Department. Ericson Diehm stated that as the policy makers, Council makes the decision. Caraway stated that Councilmember Ericson Diehm's tone was condescending. He stated that he did not want this Resolution passed. Landlords want different time frames and tougher revocation laws. Nawrocki stated that the fee schedule would be presented at the next meeting and that landlords should receive a copy of the proposal. Peterson stated the policy recommended tonight is to tighten up the compliance time lines. City Council Minutes June 13, 2005 Page 16 Gonnan stated that a meeting notice, the two fee proposals, and policy changes were mailed to 500 property owners in mid-May. Only nine people attended the meeting. At the February meeting landlords were asked to appoint a group to work with the City, which they did not do. City staff was not invited to their April meeting. Staff attended the May meeting. The group of nine owners at that meeting presented Proposal Number Three. Caraway continued to protest the fees. Nawrocki called for the question. Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, aye; Peterson, ayes. Motion carried. RESOLUTION No. 2005-30 ADOPTING THE PROPERTY MAINTENANCE INSPECTION POLICY WHEREAS, The Columbia Heights Fire Department has the responsibility for the inspection and licensing of rental property under the Residential Maintenance Code; and WHEREAS, The Columbia Heights Fire Department has the responsibility for inspections under numerous city ordinances and the State Fire Code; and WHEREAS, One comprehensive policy has been assembled to conduct our inspections in a unified and efficient manner. THEREFORE, BE IT RESOLVED that the attached proposed Property Maintenance Inspection Policy be adopted for use by the Columbia Heights Fire Department. ADMINISTRATIVE REPORTS Report of the City Manager . Capt. Bill Roddy was recognized in the local newspaper for his award from Mediation Services. We contribute to them yearly and refer to people to this agency on civil matters. . Met with the School Board to discuss the levy this falL Council gave their support, as this is important to the City. . 3730 Tyler was cleaned up by last Thursday. . 4152 Cleveland - is in court now. Construction additions were made without receiving permits. . The Fire Department will have a practice bum July 10th at the City owned home on 500 Mill Street. . Revenue from the Library Book Sale generated $2,400 in revenue for the Library. Nawrocki stated that the Attorney's contract was to come up, and he has received infonnation that we are paying more than we should. The trees trimmed on Main Street are atrocious. Peterson stated he would meet with Xcel tomorrow to discuss it. Nawrocki stated that homes over the past four years that have paid for sewer backups because we did not have insurance, should be reimbursed. Report of the City Attorney - none CITIZENS FORUM Hoium reported tall weeds at 666 40th Avenue. He referred to vandalism in the City. He City Council Minutes June 13,2005 Page 17 suggested helping rental owners, as the economy is tough right now. COUNCIL CORNER Nawrocki . Questioned if the Ugly House billboard advertising meets our codes. Fehst stated it is on commercial zoned property and is legal. We need an ordinance to not allow this. . Service road on University - 45th to 53rd the grass is not being cut between the roadway and the fence. The Manager is working with the City of Fridley on this. . Regarding the Charter School moving in - are the parking standards being met? . The Minnesota Association of Cable Groups (MA TCA) will meet on Tuesday, June 28. Legislation affecting cable will be discussed. . The Anoka County Officials meeting will be held Wednesday, June 29. . Attended the AMM annual meeting on May 26. . Passed along Mrs. Nawrocki's appreciation for the get well flowers she received. . Appreciates the opportunity to express his views. Williams . Was surprised today when a bank teller thanked him for having a house in her neighborhood cleaned up. . Positive meeting with the School Board. Rumors are vicious and hurt our City. Infonnation from Brian Esby, Middle School Superintendent, states that nine out of ten parents were satisfied with how the schools are being run. . Appreciate what we did on Tyler. . Attended a wonderful Muslim picnic. They are looking for acceptance by the community. . We need to continue working for the betterment of our community. . Pray for the peace and health of our neighbors Kelzenberg . The School Board meeting was very productive. He chaperoned the 8th grade graduation party and commented on how well behaved the students were. He read the letter from Brian Esby. . The Library "Tell Me More" Children's Theater Group needs five more youth to hold the program. He encouraged kids to sign up at the Library. Fehst stated the positive impact this type of program had on his son. Williams stated that Nancy Kaldor, Superintendent of Schools, brought Brian Esby out of retirement and things are changing for the better. Ericson Diehm . The Library has a full program of Wacky Wednesday's planned. This week the program is from the MN Zoo . The Rising to New Heights group will meet tomorrow night at 7:00 p.m. at Crestview. There will be a picnic beginning at 6 p.m. . Missed at the last meeting - Happy Belated Bilihday to Councilmember Williams. Peterson . 13 people from the City and the Sister City COlmnittee are traveling to Poland from September 13-23. Each individual is paying their own way. There will be no cost to the City. City Council Minutes June 13, 2005 Page 18 . Rash of funerals -lost Lions Club member and citizen of Columbia Heights, Tommy Shul and Helen Larson. . Enjoy life, don't take ourselves to seriously, and do a random act of kindness, as we are here by the grace of God. ADJOURNMENT Mayor Peterson adjourned the meeting at 11 :23 p.m. /~ ~' i//~ '- r [Y"<];: ,,:// n,:L\~~_.. .. \ \...\-~c.-rr\..:~- , Patricia Muscovitz, CMC ~ Deputy City Clerk/Council Secretary