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HomeMy WebLinkAboutJune 27, 2005 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JUNE 27, 2005 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, June 27,2005 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDERlROLL CALLIINVOCATION Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Ericson Diehm, and Councilmember Kelzenberg. Pastor Dave Briley, Oak Hill Baptist Church, gave the Invocation. PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA - none PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS Introduction of New Employees Kevin Hanson, Public V/orks Director, introduced Aaron Liebermfu~, Public VI orks ~v1aintenance, and indicated his military background in utility work. Aaron Liebennan thanked the City Council for this job opportunity. Recognition 1) CERT Team #2 Graduation Police Chief Tom Johnson introduced the second graduating CER T team of eleven members. He complimented the instructors on the job they have done. He thanked all the CER T members for their assistance at the Jamboree Parade. Officer Rob Harvey presented plaques to the graduating members. Mayor Peterson and Chief Jolmson congratulated each member. 2) Donation to CERT by First Lutheran Church Chief Johnson accepted a donation fi-om the First Lutheran Men's Club of$100 and First Lutheran WELCA donation of $450. 3) Recognize Officers for action at incident - 40th & Central Chief Johnson referred to the excellent manner in which the February 3rd double homicide was handled. The outcome was a credit to our officers. Captain Bill Roddy read citations for Reserve Officers Blaine Muyres, Timothy Labatt, Robert Danz, Jerry Wellman, Darin Bistodeau, Craig Stadchowski, Robert Schmidt, George Ramirez and Jennifer Beckett involved in the incident and Mayor Peterson presented each one with a Citizens Certificate of Appreciation. Captain Roddy recognized the following Officers that participated in the event: Corporal Paul Bonesteel, Recognition of Significant Perfonnance; Officer Matt Ashe, Exemplary Conduct Commendation; Officer Matt Marcum, Exemplary Conduct Commendation; Officer Fred Wiborg (not present) the Exemplary Conduct Conunendation; Officer Rob Harvey, Exemplary Conduct COlmnendation; Officer Greg Shm, the Award of Merit; and Sergeant Val Dietz (not present), the Award of Merit. Captain Roddy was given a COlmnendation for taking cOlmnand ofthe scene and was presented this award by his son, Firefighter Roddy. Captain Roddy thanked the Mayor, City Council and Chief of Police for their suppoli of Police training, which is a significant factor in handling this type of situation. City Council Minutes June 27,2005 2 of 18 Mayor Peterson stated that Capt. Roddy kept him infOlmed as the incident unfolded, and thanked all of the Officers, volunteers, and especially Captain 'Roddy for their quick and excellent response to this situation. CONSENT AGENDA 1) Approve City Council Meeting Minutes for June 13,2005 regular City Council meeting Motion to approve the minutes ofthe June 13, 2005 regular City Council meeting as corrected. Nawrocki corrected renter's credit to read renter's credit "form", 2) Accept Boards and Commissions Meeting Minutes Motion to accept the June 7,2005 minutes ofthe Library Board of Trustees 3) Establish Work Session meeting date for Tuesday, July 5,2005, beginning at 7:00 p.m. in Conference Room 1. Removed by Nawrocki 4) Establish Work Session meeting date for Monday, August 29,2005, beginning at 7:00 p.m. in the School District Community Room Removed by Nawrocki 5) Authorize purchase of sixty, 800 MHz portable radios from State Homeland Security Grant Motion to authorize the City Manager and the Police Chief to enter into a contract for the purchase of60 Motorola XTS 2500 portable radios in the amount of$149,960 (tax exempt) from the State of Minnesota contract, with funding to come from Homeland Security Grant #20009757 and City fund 272-42130. 6) First Reading of Ordinance No. 1489, being an ordinance pertaining to air quality standards Removed by Nawrocki 7) First Reading of Ordinance No. 1490, being an ordinance recodifying the Columbia Heights City Code Removed by Nawrocki 8) First Reading of Ordinance No. 1491, being an Ordinance authorizing the Sale of Steel Tech Removed by Nawrocki 9) Adopt Resolution No. 2005-37, being a Resolution authorizing and directing the Condemnation of Certain Property for Road Purposes Removed by Nawrocki 10) Adopt Resolution No. 2005-32, being a Resolution establishing limited sewer back-up clean-up and property damage Protection for municipal sewer customers Removed by Nawrocki 11) Adopt Resolutions 2005-34, 2005-35, 2005-36 to designate "No Parking" on 39th Avenue, Jefferson Street and 5th Street Removed by Nawrocki 12) Establish a Hearing Date of July 11, 2005 for revocation or suspension of rental property license at 4640 Polk Street Motion to establish a hearing date of July 11, 2005 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Maumer Sekizovic at 4640 Polk Street NE. City Council Minutes June 27,2005 3 of 18 13) Approve the items listed for rental housing license applications for June 27,2005 Motion to approve the items listed for rental housing license applications for June 27, 2005. 14) Approve Business License Applications Motion to approve the items as listed on the business license agenda for June 27,2005 as presented. 15) Approve Payment of Bills Motion to approve payment of the bills out ofthe proper funds as listed in the attached check register covering Check Number 113234 through 113404 in the amount of $2,422,852.44. Nawrocki stated that two employee registrations for the Public Works Association meeting will mean four days oflost staff time. He questioned the $952 rental of barricades for the 3 ih Avenue service road and if the closing had been authorized. Kevin Hanson, Public Works Director, stated this was a cooperative effOli with MnDOT for turn lane work at 37th Avenue and was authorized by MnDOT, as it is in their right-of-way. The responsibility of maintenance falls to the City by past agreement. Motion by Ericson Diehm, second by Kelzenberg to approve the Consent Agenda with the exception of items #3, 4, 6, 7, 8,9, 10, and 11. Upon vote: All ayes. Motion carried. #3 Establish Work Session meeting date: Tuesday, July 5, 2005, at 7:00 p.m. in Conference Room 1. Nawrocki stated his is unavailable at this time. Fehst suggested 5:30 p.m. prior to the July 11 th City Council meeting. Nawrocki stated he is unavailable before 7:00 p.m. on Mondays. Nawrocki suggested Thursday of this week. Hansen stated he would be unavailable. Nawrocki suggested July 6th. Ericson Diehm stated that would be the Planning and Zoning Commission meeting, as they reschedule their meetings one day following a holiday to allow for City Council meetings. Nawrocki suggested July 13th. Kelzenberg stated he would be unavailable. Ericson Diehm asked if Councilmember Nawrocki could get the infonnation in written fonn and other Councihnembers could pass along his comments that night. Nawrocki indicated he wanted to be present at the meeting. Nawrocki suggested 8:30 p.m. on July 5th for 1 ~ hours. Motion by Ericson Diehm, second by Williams, to establish a Work Session meeting date for Tuesday, July 5,2005 ii-om 8:30 to 10:00 p.m. in Conference Room 1 for the purpose of reviewing Public Service Building renovation plans. Upon vote: All ayes. Motion carried. #4 Establish Work Session meeting date for Monday, August 29, 2005, beginning at 7:00 p.m. in the School District Community Room Peterson stated this is a quatierly meeting with the School Board. Nawrocki indicated that special meetings should have an agenda. Peterson stated the agenda would be ongoing discussion on the referendum and gymnasiums. Williatns added cooperative ways to save money. Peterson asked if there was agreement to discuss mutual concerns. Nawrocki stated he was in support of meeting with the School Board. Peterson stated that an agenda would be provided to Councilmembers. Motion by Ericson Diehm, second by Williams, to establish a Work Session meeting date with the School Board for Monday, August 29, 2005 beginning at 7:00 p.m. the School District Community Room. City Council Minutes June 27, 2005 4 of 18 #6 First Reading of Ordinance No. 1489, being an ordinance pertaining to air quality standards Nawrocki stated that the Ordinance title is misleading and only allows a fee to be charged for fire pit pennits. F ehst listed the process to apply for a full year burning pennit, suggesting a $10 pennit fee. Fire Chief Gorman stated that we would inspect the site if the applicant has questions or concerns. This is for recreational fires, permit bums, and festival bon fires. Previously, we were allowed to charge the actual fee, of about $500-800, to be present at bums for bon fires, but we have not. Gonnan stated there were 270 recreational fire pennits last year. Nawrocki stated that nothing has changed except that now there will be a fee. He did not agree and stated that we do not charge employees to administer a retirement health program for them. Motion by Williams, second by Kelzenberg, to waive the reading of Ordinance No. 1489, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to establish the second reading of Ordinance #1489 pertaining to Air Quality Standards for Monday, July 11, beginning at approximately 7:00 p.m. in the City Council Chambers. Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. #7 First Reading of Ordinance No. 1490, being an ordinance recodifying the Columbia Heights City Code Nawrocki asked ifthere were any changes to the document and questioned there being no substantive changes. He referred to the City Manager's responsibilities with no indication that the Mayor is responsible for the Police Department and that the Council Secretary title, as required by City Charter, is referred to as Deputy City Clerk. He stated he would not support this until there is more information and requested a copy of the current City Code and City Charter for comparison. Peterson indicated that a professional company did this recodification. Ericson Diehm stated that Councihnembers were given a copy of this over a year ago for review and questions. lVlotion by Ericson Diehm, second by Williams, to waive the reading of Ordinance No. 1490, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Ericson Diehm, second by Williams, to establish the second reading of Ordinance No. 1490 for Monday, July 11, 2005 at approximately 7:00 p.m. in the City Council Chambers. Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes- 1 nay. Motion carried. #8 First Reading of Ordinance No. 1491. being an Ordinance authorizing the Sale of Steel Tech Nawrocki asked if we have purchased this property. Fehst stated yes. The City will sell the property to the EDA, who will sell it to the Developer. The Developer has already placed purchase funds in an account. Jim Hoeft, City Attorney, stated this is part of the development agreement. Fehst and Nawrocki discussed TIF versus Pay As You Go agreements. Fehst stated this project would generate $1 million in property taxes and would be paid back in 12 to 13 years. Nawrocki stated this would take funds from citizen services. Williams stated that we need to look at the greater good of the City, and this is an over $100 million project. Vie are trying to make our City a better place to live. Nawrocki stated that we would not be around long enough to see the benefit. Peterson indicated that we are looking to the long tenn good of our cOlmnunity. If this redevelopment would have been approved in 1998 we would be seeing the benefits now. City Council Minutes June 27,2005 5 of 18 Motion by Ericson Diehm, second by Williams, to waive the reading of Ordinance No. 1491, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Ericson Diehm, second by Williams, to set the second reading of Ordinance No. 1491, being an Ordinance authorizing the Sale of Certain Land in the City for Monday, July 11,2005 beginning at approximately 7:00 p.m. in the City Council Chambers. Nawrocki stated this development would eliminate the potential for jobs in that area. Williams indicated this would create more jobs and activity through additional commercial business in the community. Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye; 4 ayes - 1 nay. Motion carried. #9 Adopt Resolution No. 2005-37, being a Resolution authorizing and directing the Condemnation of Certain Property for Road Purposes Nawrocki stated he had no problem with this Resolution. Motion Ke1zenberg, second by Williams, to waive the reading of Resolution No. 2005-37, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2005-37, being a resolution authorizing and directing the Condemnation of Certain Property for Road Purposes. Fehst stated that Mr. Nedegaard had contacted the owners of the Savers building for land purchase of a roadway, but has not received a response to his offer. He has requested the City condemn the property. We have received an appraisal of$87,000. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2005-37 RESOLUTION AUTHORIZING AND DIRECTING 1HE CONDEMNATION OF CERTAIN PROPERTY FOR ROAD PURPOSES WHEREAS, the City of Columbia Heights ("City") is a charter city duly organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council is the official governing body of the City; and WHEREAS, the real estate described in Exhibit A attached hereto and incorporated herein (collectively, "Subject Property") is located within the City; and WHEREAS, the City Council [mds that it is necessary, convenient, desirable, for a public purpose, in the best interests of the City and will promote the general health, welfare and safety of the community for the City to acquire easements encumbering the Subject Property as described in Exhibit A for street purposes; and WHEREAS, the City Council [mds that the funding and construction schedule for the construction of street improvements within and upon the Subject Property makes it necessary to acquire title to and possession of the proposed easements encumbering the Subject Property prior to the filing of the final report of the condemnation conunissioners to be appointed by the district court. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota that: 1. It is necessary that a permanent easement for street purposes and a temporary construction easement encumbering the Subject Property be acquired by the City as described in Exhibit A attached hereto through the City Council Minutes June 27,2005 6 of 18 exercise of the power of eminent domain if cOlillse1 for the City in this matter is unable to obtain such easements through voluntary negotiations. 2. The law firm of Kennedy & Graven, Chartered is hereby authorized and directed to take all steps necessary to acquire said easements on behalf of the City, including, if necessary, by use of eminent domain proceedings, pursuant to Minn. Stat. S 117.042, prior to issuance of an award of damages by Court-Appointed Commissioners. 3. The City Manager is authorized to determine the amount of just compensation for the taking of said easements encumbering the Subject Property for the purpose of presenting an offer to the owner of the Subject Property pursuant to Minn. Stat. S 117.036 and for the purpose of deposit with the District Court Administrator as the City's approved appraisal of value pursuant to Minn. Stat. S 117.042. #10 Adopt Resolution No. 2005-32, being a Resolution establishing limited sewer back-up clean-up and -property damage Protection for municipal sewer customers Hansen stated this coverage is available as a rider to our insurance policy and provides a $10,000 policy, per property, per year. Conditions include: the backup must occur within the public line, not be one of the situations excluded, and the coverage limit of$10,000 has not been exceeded. Conditions not covered are: any situation where FEMA funds are available, interruption in the electric power supply to the lift station which continues for more than 72 hours, or precipitation that exceeds a lOO year storm event. The coverage would reimburse propeliy owners for clean up related to blockage or backup from the public sanitary sewer. "",T~'w-o~lr: q"es"':o-ed :~H'H'l\,r A -~:..:I 0-1.. -~...... ~~ ~ ..:In_n__ ~ln:._ ;.c~L:n ...___1..:1 nov-- ~L_ --S~ 1'l a. 1 '-'lU _ U L1 11 11. J. LIV.J..n. 1-"UU IllY 1-'al L UJ. a UaLuagl;; I.;1allU 11 L111:S WUU1U l,; 1;;1 LUI;; 1 I;; L. Hansen stated we would apply for reimbursement ofthe remainder, but can not guarantee it would be covered. Fehst read the relative item from the resolution. Nawrocki asked ifthere was a 100 year stonn and someone suffered damage from sewage not caused by the storm, would it be covered. Hansen stated no, it can not have been caused by catastrophic weather. Williams read the relative poliion of the agreement. Motion by Williams, second by Ericson Diehm, to waive the reading of Resolution No. 2005-32, 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. 2005-32, being a resolution establishing limited sewer back-up, clean-up, and property damage Protection for municipal sewer customers. \1/il1ialTIS stated that Councillnelnbers and the Public V/orlcs staff have \vorl(ed hard to be eligible for this insurance, and he is grateful this is done. Upon vote: All ayes. Motion carried. Nawrocki asked that the next City newsletter can)' this as a front page article to infonn residents. He stated that he will not give up trying to get compensation for residents that had sewage backups, over the last four years, caused by the City sewer lines and denied by the insurance company. RESOLUTION NO. 2005-32 BEING A RESOLUTION ESTABLISHING LIMITED SEWER BACK-UP CLEAN-UP AND PROPERTY DAMAGEPROTECTION FOR MUNICIPAL SEWER CUSTOMERS WHEREAS, the City affords municipal sanitary sewer services to many of the property owners within the city; and WHEREAS, on occasion blockages or other conditions in city sanitary sewer lines may result in the back-up of sewage into properties that are connected to those city sanitary lines; and City Council Minutes June 27,2005 7 of 18 WHEREAS, sewer back-ups into property pose a public health and safety concern; and WHEREAS, it is not always easy to discern the exact cause and responsibility for municipal sanitary sewer back-ups, and WHEREAS, the City Council desires to encourage the expeditious clean-up of properties that have encountered sewer back-ups and WHEREAS, the City Council desires to minimize the potential of expensive lawsuits arising out of sewer back-up claims, and WHEREAS, the City is a member of the League of Minnesota Cities Insurance Trust; and WHEREAS, the League of Minnesota Cities Insurance Trust is making available to the city a limited "no fault" sewer coverage that will reimburse property owners for certain clean-up costs and property damage irrespective of whether the City is thought to be legally at fault. NOW THEREFORE, BE IT RESOLVED, by the City Council of Columbia Heights, Minnesota, as follows: As part of providing sanitary sewer service to the customers of the City, and in consideration of the payment of sewer bills, the City agrees to purchase insurance from the LMCIT for Limited Sewer Back-up, Clean-up, and Property Damage Protection for up to $10,000 of clean-up costs and property damages caused by a sanitary sewer back-up, irrespective of whether the city is thought to be negligent or otherwise legally liable for those damages, subject to the following conditions: 1. The back-up must have resulted from a condition in the City's sanitary sewer system or lines, and not from a condition in a private line. 2. The back-up must not have been caused by catastrophic weather or other event for which Federal Emergency Management Assistance (FEMA) is available. 3. The back-up must not have been caused by an interruption in electric power to the City's sewer system or to any city lift station which continues for more than 72 hours. 4. The back-up must not have been caused by rainfall or precipitation that would constitute a 100-year storm, or greater, as determined by the National Weather Service. 5. Neither the city nor the League of Minnesota Cities Insurance Trust (LMCIT) will reimburse any costs which have been or are eligible to be covered under the property owner's own homeowner's or other property insurance, or which would be eligible to be reimbursed under a National Flood Insurance Protection (NFIP) policy, whether or not the property owner actually has NFIP coverage. 6. The maximum amount that the LMCIT will reimburse is $10,000 per building, per year. In this regard, a structure or group of structures served by a single connection to the city's sewer system is considered a single building. #11 Ad~-"'Den~l"t~o-n?(\(\I:: 3" "'l00l:: ':II:: 2(\01:: ':It::....~des~~n...e''l\.T~Da-ki~-~''~_':IC\th A"an"e J. J..n.. VpL J.'>. ~v U J. H~ ~vv_r "1", k J-..)J, V ..)-JV LV J.e-HaL l'lV J. J. H~ VB..)7 I"1.vvl U , Jefferson Street and 5th Street Nawrocki asked where parking would be eliminated. Hansen showed on a map each of the three "no parking" areas. He stated these road portion are narrow and would allow for the round-a-bout and roadway curve. There would be parking at the cOlmnercial area to the east and interior parking. Nawrocki asked to be shown each area on the map again, which Hansen did. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2005-34, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2005-34 designating No Parking Locations on 39th Avenue from 37th Avenue to east of Jefferson Street. Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - I nay. Motion carried. City Council Minutes June 27,2005 8 of 18 RESOLUTION NO. 2005-34 BEING A RESOLUTION TO DESIGNATE NO PARKING LOCATIONS ON S.A.P. 113-110 FROM 37TH AVENUE NE TO EAST OF JEFFERSON STREET NE IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, the City of Columbia Heights has planned the improvement of 39th Avenue NE, State Aid Route No. 113-110 from 3ih Avenue NE to east ofJefferson StreetNE in the City of Columbia Heights Minnesota; and WHEREAS, the City will be expending Municipal Street Aid Funds on the improvements of the Street; and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street for the entire length of the improvements; and approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS MINNEOTA that the City shall ban the parking of motor vehicles on 39th Avenue NE from 37th Avenue NE to 88.1' east of 5th Street NE, from 412.7' east to 659.6' east of 5th Street NE, and from 191.2' west to 217.5' east ofJefferson Street NE. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2005-35, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2005-35 designating No Parking on Jefferson Street near 39th Avenue. Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. RESOLUTION NO. 2005-35 BEING A RESOLUTION TO DESIGNATE NO PARKING ON S.A.P. 113-107 FROM 296.4' SOUTH TO 416.2' NORTH OF 39TH AVENUE NE IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, the City of Columbia Heights has planned the improvement of Jefferson Street NE, State Aid Route No. 113-107 from 296.4' south to 416.2' north of 39th Avenue NE in the City of Columbia Heights Minnesota; and WHEREAS, the City will be expending Municipal Street Aid Funds on the improvements of the Street; and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street; and approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS MINNEOTA that the City shall ban the parking of motor vehicles on Jefferson Street NE from 296.4' south to 416.2' north of 39th Avenue NE. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2005-36, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2005-36 designating No Parking on 5th Street near 39th Avenue. Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes -1 nay. Motion carried. RESOLUTION NO. 2005-36 BEING A RESOLUTION TO DESIGNATE NO PARKING ON S.A.P. 113-108 FROM 39TH AVENUE NE TO 291.9' NORTH OF 39TH AVENUE NE IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, the City of Columbia Heights has platmed the improvement of39th Avenue NE, State Aid City Council Minutes June 27, 2005 9 of 18 Route No. 113-110 from 37th Avenue NE to east ofJefferson Street NE in the City of Columbia Heights Minnesota; and WHEREAS, this improvement will involve the reconstruction of part of 5th Street NE north of 39th Avenue NE,and WHEREAS, the City will be expending Municipal Street Aid Funds on the improvements of the Street; and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street for the entire length of the improvements; and approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS MlNNEOT A that the City shall ban the parking of motor vehicles on 5th Street NE from 39th Avenue NE to 291.9' north of39th Avenue NE. 6. PUBLIC HEARINGS A) Public Hearing called for Revocation/Suspension of Rental Housing License at 4032 Van Buren St. Mayor Peterson closed the public hearing regarding the revocation or suspension ofthe rental license at 4032 Van Buren Street NE in that the owner has been granted an extension of time to have violations on the property corrected. B) Public Hearing called for Revocation/Suspension of Rental Housing License at 1231-33 Circle Terrace & 1301-03 Circle Terrace Mayor Peterson closed the Public Hearing regarding the revocation or suspension of the rental license at 1231-33 Circle Terrace & 1301-03 Circle Terrace in that the violations have been corrected. C) Adopt Resolution No. 2005-39 being a Resolution for Rental Housing License Revocation at 4258 2nd Street . Motion by Kelzenberg, second by Williams, to waive the reading of Resolution No.2005-39 there being ample copies available to the public. Upon vote: all ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2005-39, Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(l) ofthe Rental License held by Mark Mdaka Regarding Rental Property at 4258 2nd Street NE. Upon vote: All ayes. Motion carried. RESOLUTION 2005-39 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5AA08(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY MARK MDAKA (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4258 2ND STREET NE, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.l04(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON MAY 16, 2005 OF A PUBLIC HEARING TO BE HELD ON JUNE 27, 2005. 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 COLUlVIBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on March 14,2005, Matt Field and Rich Hinrichs, inspectors for the City of Columbia Heights, inspected the property and noted eight violations. Compliance orders listing the violation were mailed by regular mail to the owner at the address listed on the Rental Housing License Application. City Council Minutes June 27,2005 100f18 2. That on April 21, 2005, Matt Field and Rich Hinrichs, inspectors for the City of Columbia Heights, reinspected the property and noted seven violations. Compliance orders listing the violation were mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 3. That on May 16, 2005, Matt Field and Rich Hinrichs, inspectors for the City of Columbia Heights, reinspected the property and noted seven violations. Compliance orders listing the violation were mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 4. That on June 2, 2005, Matt Field and Rich Hinrichs inspected the property and noted seven violations. Compliance orders and a Statement of Cause were mailed by certified mail to the owner at the address listed on the Rental Housing License Application. 5. That on June 23, 2005, Matt Field and Rich Hinrichs inspected the property and noted seven violations still remained uncorrected. 6. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: a. FAILURE TO CORRECT VIOLATION OF THE RESIDENTIAL MAINTENANCE CODE: 1.. Shall repair the overhead garage door 2..Shall replace the missing metal soffit on the front of the house 3..Shall repair/replace the garage service door 4..Shall remove all/any scrub growth from around the garage and deck. 5..Shall reattach the soffit on the garage. 6..Shall scrape/paint the garage trim 7..Shall remove the misc. building materials from along garage. b. F AlLURE TO SUBMIT REINSPECTION FEES OF $800.00 7. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(I) and 5A.303(1)(d). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F6365 is hereby revoked/suspended (cross out one); 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. CONCLUSIONS OF COUNCIL 1. That the building located at 4258 2nd Street NE is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto, 2. That all relevant parties and parties in interest have been duly served notice of this hearing and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant or tenant as the case may be, have expired or such rights have been exercised and completed. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions 1) Second reading of Ordinance No. 1487, being an Ordinance adopting the Minnesota State Fire Code 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 Williams, second by Kelzenberg, to adopt Ordinance No. 1487, being an Ordinance Adopting the Minnesota State Fire Code. Nawrocki stated this indicates fees will follow. Fehst stated that Council would have to approve any fees. He stated that we have lost several million dollars out of a $9 million budget. As a City, our goal is to develop altemative revenue streams to adapt to the reduction in government aid and have people pay for direct services received. Nawrocki indicated there has been a loss of State aid, but residents have not seen a reduction in City Council Minutes June 27, 2005 11 of 18 taxes. We don't talk about doing more with less. Fehst stated that we are doing the same with a lot less. Chief Gorman stated that State Fire Code pennits are mostly for new construction and remodeling of systems, and pertain to units of three or more. This will not affect single family homeowners. It does allow for pennits for hazardous materials and canopy events such as firework tent sales, to make sure they are maintained in a safe manner. Gorman stated that with the Fire Department budget he has to provide fire service, EMT service, inspections and fire code enforcement. Also, there is a cost to provide extras, such as six trucks and employees in the parade and a standby crew for the fireworks. We would hate to cut out the parades and the fireworks, but that is the position we are in. If funding were approved, we would continue to do things like the smoke detector program. Nawrocki stated that a building pennit fee is already paid for inspections. Nawrocki stated the parade and fireworks have been around for a long time. Upon vote: All ayes. Motion carried. Nawrocki asked again how much the fees would be. Gorman stated he would survey surrounding cOlmnunities and bring a fee resolution to Council. Most cities charge according to the State Uniform Building Code Schedule, but we want to look at direct cost for direct time. 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. The City of Columbia Heights does ordain: Section 1 Codes adopted by 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 iffully 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.Oll. 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. City Council Minutes June 27, 2005 12 of 18 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, I. Section 6. Effective date of Ordinance. This Ordinance shall be in full force and effect thirty days after its passage. B) Bid Considerations 1) Authorize replacement ofUmt #190, '87 truck mounted sewer rodding machine and chassis Hansen stated that rodding machines withjetter equipment were tested from both State Contract vendors. Staff spoke to current owners of this type of machine. Bids were received for a machine and new chassis. Staff recommends the low bid of ABM and acceptance ofthe trade-in, as offered, from ABM Equipment. Nawrocki stated that ABM is the higher bid. Hansen indicated that is without the trade-in. The other company was not interested in a trade in. He stated that upon staff review, there is significant difference in the operation of the two pieces of equipment. The ABM jetter is operationally superior in the way the patented hose reel operates at the machine. It also heats the water and will be useful longer in the year. Nawrocki stated that he had argued for the trade in as part of the process. Hansen stated that with the trade, ABM is the low bidder. Nawrocki argued that the other bid did meet the specifications. Williams stated that we are not in the used equipment business, and with the trade-in we are getting a better deal. Ericson Diehm indicated appreciation for the time evaluating this equipment. The $9,000 trade-in may not reflect the equipment value on the open market; they may have offered this to get our business. Motion by Ericson Diehm, second by Williams, to authorize the replacement of Unit #190A and Unit #190 with one (1) new 2005 SECA model H-800 Jetter in the amount of $89,085 subtracting a trade-in allowance of $9,045, plus sales tax fi'om ABM Equipment Co. and one (1) new 2006 4300 SBA 4x2 (MA025) International truck chassis for $44,333 plus sales tax from Astleford International Trucks. All equipment pricing per Minnesota State Purchasing Contract. Nawrocki questioned the amount budgeted for this equipment. Hansen stated $130,000 plus sales tax. Nawrocki suggested that when calls are received from potential buyers of our old equipment, we ask what price the unit is being sold for. Upon vote: All ayes. Motion carried. 2) Adopt Resolution 2005-33, accepting the bid for Building Demolition and Excavation of Contaminated soil in the Industrial Park (Phase I-B) Randy Schumacher, Project Director, stated that four bids were received for excavation of City Council Minutes June 27,2005 13 of 18 Phase IB in the industrial park. Phase I demolition was the Honeywell and Rayco properties, the Foundry parking lot, and the south edge of the park. The Kramer Davis property is in the condemnation process. The Developer has secured the balance of the properties for Phase IB. Nawrocki asked why we are paying for the condemnation. Schumacher stated that the agreement included that if the negotiations hit a dead end, we would do this. Nawrocki questioned the amount of grant money we have received. Schumacher stated that we have received over $2 million, of which about $1.2 million has been used. Ericson Diehm explained the various areas the grant money was used. Nawrocki asked where the demolition and excavation funds would come from. Schumacher stated DEED, Met Council, and Anoka County. Staff is recommending the low bid. He explained the wide range of bids is because some of the contractors have their own landfill. Nawrocki questioned reimbursement by the Developer. Schumacher stated that $413,000 has been reimbursed by the Developer. He has been very prompt with payments. Williams commended Schumacher on these bids. Motion by Williams, second by Ericson Diehm, to waive the reading of Resolution 2005- 33, there being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Ericson Diehm, to Adopt Resolution 2005-33, a Resolution accepting the bid for building demolition and excavation of contaminated soil in the Industrial Park (Phase I-B), Columbia Heights, MN. Upon vote: All ayes. Motion carried. RESOLUTION 2005-33 RESOLUTION ACCEPTING BID FOR BUILDING DEMOLITION AND EXCAVATION OF CONTAMINATED SOIL IN TIIE INDUSTRIAL PARK (pHASE I-B), COLUMBIA HEIGHTS, MN WHEREAS, pursuant to an advertisement for bids for the demolition of buildings at 620 39th Avenue NE (Buckles & Buckles), 3900 Jefferson Street (Kremer & Davis) and 515 & 519 38th Avenue NE (J.R. Properties) and Excavation of Contaminated Soil identified in Phase 1- B of the Industrial Park Redevelopment Plan; bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: (See attached bid spread sheet) AND WHEREAS, it appears that Veit & Company Inc. is the lowest responsible bidder, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with Veit & Company Inc. in the bid amount of$891,312.50 for the building demolition and excavation of contaminated soil in the Industrial Park Phase I-B area according to the plans and specifications as outline in the bid request dated June 24, 2005 and on file in tlle office of Community Development. The City staff is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. C) Other Business 1) Adopt Resolution No. 2005-38, being a Resolution establishing Propeliy Maintenance Inspection Fees. City Council Minutes June 27, 2005 14 of 18 Gonnan gave the background on this process and meetings held with the landlords and Minnesota Multi-housing Association. This proposal is based on the State ofMN fees, which must be a reasonable amount to cover costs. He stated that one-half ofthe proposed fee is $50 based on administrative work, and the remainder is based on building size and amount of time required for different size locations. Gonnan gave the example that a 100 unit building requires one inspection for one exterior and one basement, but 100 single rental units require inspections of 100 exteriors and 100 basements. Nawrocki stated this was not fair to the small unit owners and that increased fees would be passed on to the tenant. We have not seen information on what our costs are to show a real need for the increase. Gorman stated that the City Council received that information in December of2004. Operating costs are $129,000. Under the current fee structure revenue is approximately $36,000. Estimated revenue from the proposed increase would only generate 58 percent of our actual costs. Other communities charge from 70 percent to 100 percent oftheir costs. Mark Jossart, representing the MN Housing Association (MHA) Committee, indicated he is also a property owner in Columbia Heights. He stated that the MHA opposes the increase in fees, but agrees with maintaining properties to a high standard and does support Chief Gorman's proposal. He agreed that small one and two unit facilities require greater costs than larger units. Jossart stated that the proposed fee is fair. He stated that most communities follow this fee structure to encourage ownership of single family homes. Harold Hoium, 4315 5th Street NE, stated that if fees continue to increase rental buildings will be empty. Leland Stauch, 1155 Khyber Lane, referred to the meeting miscommunications between the landlords and the City. He proposed that this group be given a chance to say what fee they would like to see. He referred to the loss of view from his home on Khyber Lane because of the Grand Lofts development. Williams asked Gonnan when the 2006 licenses begin. Gonnan indicated in January. Williams questioned ifthe landlords are together on this. Gonnan stated that meeting date flyers were mailed to the 500 rental property owners, with nine owners attending the meeting. Landlords were asked to have a cOlmnittee make a recommendation to the City. This was never received. GOlman stated that he was not contacted or invited to their April meeting. Gonnan stated that the department budget is being developed making the fmalization of fees necessary. Williams asked if Gonnan talked to Talmer Calloway, who spoke at the last Council meeting. Gonnan stated that he had. Gonnan stated that smaller increases every few years would have been the best choice, but we are falling far behind our operating costs. LGA funds were used to subsidize operation costs, but are no longer available. Residents do not want to subsidize rental inspections. This increase would only amount to 58 percent of our costs. Williams stated that we should be recouping more of our costs. Williams spoke of higher inspection fees with a rebate if a Police background check is conducted on potential renters. Ericson Diehm stated that we could do those things by amending the Resolution. City Council Minutes June 27,2005 150f18 Peterson stated that if this is not acted upon, the delay could take many months. Norma Rust, Columbia Heights rental propeliy owner, stated that the landlords have met and come to the consensus that fees should be on a per unit cost. She agreed that small owners are being hit hard. In reference to comparisons with other communities, it has not been shown iftheir programs are comparable. These costs are passed on to the tenants. She asked that fees be kept down to help landlords. Stauch disagreed with Rust, stating that large unit landlords want the small owners to pick up the fees. Williams stated that this Resolution could be passed and readdressed again. Stauch stated that the group should be allowed to discuss this. Peterson stated that they were asked to do so and they did not. When you draw the line, someone is affected. The Department has worked hard to bring this forward and the landlord group has failed on their part. If the group comes up with a proposal, it can be addressed again. IvIotion by Ericson Diehm, second by Kelzenberg, to waive the reading of Resolution #2005-38, there being ample copies available for the public. Up vote: All ayes. Motion carried. Motion by Ericson Diehm, second by Kelzenberg, to adopt Resolution #2005-38, being a Resolution establishing Property Maintenance Inspection Fees. Nawrocki questioned the base price. Gorman explained the administrative process. Nawrocki suggested the additional cost per unit should be the same, at $20 per unit. This would increase the license reinstatement after revocation from one and one-half to ten times the license fee. Motion to amend by Nawrocki for an annual inspection cost of $20 per unit and license reinstatement after revocation fee be one and one-halftimes the license fee. Williams stated he did not agree with lowering the reinstatement fee and would not second the motion. Mayor Peterson called for a second. The motion died for lack of a second. Williams stated he would commit to attendance at more landlord meetings to see if there is a better solution. Gorman stated that 500 letters of notification were sent out for this Council meeting, and only three owners are present. Ericson Diehm stated that last month Chief Gonnan was told that we are not hard enough on the landlords regarding upkeep of their property, and now it is being said that we are too hard on the landlords. Peterson indicated this proposal has been worked on for eight months and does not feel it is right to make changes at this point. The infonnation was available and should have been discussed plior to this. City Council Minutes June 27,2005 16 of 18 Nawrocki stated he has another amendment. Ericson Diehm called for the question. Hoeft stated that Nawrocki would be allowed to state his amendment. Motion to amend by Nawrocki for an annual cost of $20 per unit. Williams stated this would change our bottom line. Gorman stated he has surveyed other cOlIDnunities and felt this is fair. Motion by Nawrocki to table Resolution #2005-38, being a Resolution establishing Property Maintenance Inspection Fees. Hoeft stated that if the motion to table were seconded, it would take priority and there would be no further discussion. Mayor Peterson called for a second on the motion to table. Motion died for lack of a second. Vote on motion amendment: Kelzenberg, nay; Williams, aye; Ericson Diehm, nay; Nawrocki, aye; Peterson, nay. 2 ayes - 3 nays. Motion failed. Vote on original motion: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, abstain; Peterson, aye. 4 ayes - 1 abstention. Motion carried. Peterson stated that the landlord's group could bring suggestions to the City Council. Nawrocki stated that with fee increases by the Fire Department, their budget should be reduced this year. Gorman stated that his 2006 budget proposal cuts the full-time firefighter that was reinstated this year and the paid on call duty shift. This would be the only way to "hold the line" because of expense increases which are out of his control. RESOLUTION NO. 2005-38 BEING A RESOLUTION ESTABLISHING PROPERTY MAITENANCE INSPECTION FEES AS AUTHORIZED BY CHAPTER 5A OF CITY CODE OF 1977 WHEREAS, Ordinance No. 853, City Code of 1977, pertaining to rental property licensing regulations provides for the establishing of annual license fees; and WHEREAS, the City has authorized changes to rental property licensing fees from time to time; and WHEREAS, the City [mds there is a [mandaI need to modify the rental property licensing fee at this time; and THEREFORE, BE IT RESOLVED, that the rental property licensing fee structure listed below shall be adopted and effective January 1,2006. Rental property license - 1 unit Rental property license - 2 thru 10 units Rental property license - 11 thru 30 units Rental property license - over 30 units $50.00 per building plus $40.00 per unit $50.00 per building plus $20.00 per unit $50.00 per building plus $15.00 per unit $50.00 per building plus $10.00 per unit No-Show Fee $100.00 per no-show event License Reinstatement after Revocation/Suspension Ten times annual license fee City Council Minutes June 27, 2005 17 of 18, 8. ADMINISTRATIVE REPORTS A) Report of the City Manager · DNR has approved a burning pennit for July 10 at the home adjacent to Huset Park for fire training. Nawrocki questioned when authorization was received to demolish the house. This was the plan when the house was purchased. · Our wading pools were inspected by Anoka County on June 14. They were not allowed to open prior to inspection. State inspections are now the County's responsibility. Some repairs are required prior to opening this year. They are scheduled for completion the end of this week. There are major problems with the pools that we have known about since the '90's that must be completed by next year, estimated at $80,000 to $90,000. County Commission Kordiak has been contacted for assistance to keep these pools from being closed pennanently and he is being very supportive. Peterson asked that the repairs be expedited. Regarding a call he received, Nawrocki questioned the responsibility of our recreation staff to watch children swimming at Long Lake. · Listed three unfunded mandates by the MN Office of Pipeline Safety. Hansen stated this would be brought to Council prior to December 31 for consideration. · Police Officers have begun extra patrols in Grid 8, with very positive reactions. Nawrocki suggested that the Police Chief and Captain spend time in this area. · The City ofPridley has cut the grass east ofthe fence on University and will cut it again when we cut our area. Removal of stumps in this area will be pursued. Peterson stated that the people who wanted the fence put in 35 years ago feel it has outlived its need and makes it impossible to groom. Nawrocki questioned who asked for the trees to be removed. Nawrocki restated concerns on parking requirements being met, and that 4410 Central property looks shabby. Hansen stated the owner was notified. Nawrocki disagreed with the "Ugly House" billboard and stated that our sign ordinance has gone down hill. Pehst stated that the EDA will discuss allowing a sale trailer at the Burger King property and that the billboard is not over sized It may have one color too many, but they do office from there. Pehst stated the Community Development Intern is looking at all signs. Nawrocki indicated that 4550 Stinson should be checked. There is a building pennit, but there is no work being done. There is a home on Reservoir Boulevard that has eight cars parked there. Hoeft stated that case could be in the court system. Nawrocki stated nothing has happened on the complaint regarding 1055 Peters Place. B) Report of the City Attorney CITIZENS FORUM Hoium stated that the City should not bum good housing stock and they should put in more sidewalks. Vehicle speeding in the City should be controlled. We should clean up crime in the entire city, not just one area. COUNCIL CORNER Kelzenberg · Hopes that everyone had a good time at the Jamboree and the parade. He had a good time in the dUI1Jc t8-11k Williams · We are working hard to make our City a better place to live. · Believes the school levy will pass. · The entire festival was excellent. We have wonderful citizens that live here. We should look past City Council Minutes June 27,2005 18 of18 the petty stuff, and remember things like the awards to the Officers. We have a great Public Works Department. The Jamboree and parade are areas we can grow on. It was a great time. Ericson Diehm o Believes there are many positive things in our community. o Have a happy and safe Fourth of July weekend. Nawrocki o Showed a brochure that claimed we have 15 grains of water hardness. Check ifthis is slander. Hansen stated that we have three grains of hardness. · Waiting for information on the attorney's contract. Fehst askedfor direction, as information has been distributed. We pay more than other communities and more than we should pay by $150,000 a year. You must get competitive bids. F ehst stated that we have a good rate and are satisfied with the performance. Peterson suggested each Councilmember contact the City Manager with their opinion. · Last meeting stated there was a 50 percent increase in utility rates. Statistics from the Finance Director include the garbage contract. When acted upon it was for water, sewer, and storm sewer. Fehst disagreed with the percentage. The garbage contract was renegotiated for a lower amount, but rates were not decreased. In utility rates commercial/industrial got a break and residents got hit hard. Fehst stated that we were trying to balance out the utility rates and the overall increase was 30 percent. Peterson requested more respect in Councilmember Nawrocki's terminology used regarding staff Does not need to apologize for the words used. · What will be done about the trees butchered on Main Street. Peterson stated he met with Xcel and learned that residents had the choice to have the tree and stump removed and receive $35 toward another tree. Trees must be kept 16 feet from a transmission line and are only trimmed on a four year cycle. .If there is a problem because of these trees in the lines, Minneapolis, Northeast Minneapolis and Columbia Heights could lose power. Peterson stated that he saw the facts and the purpose of this work. Xcel is selling us a bill of goods. People were not told how bad the trees would be butchered. Peterson · Thank you to the Lions Club for the parade and Jamboree. It was the best ever. Thank you to Wally Logacz, the car show organizers, and the band. o In the meeting with Heritage Height's residents, asked that they come to the next meeting with one good thing to say about Columbia Heights. Maybe Councilmembers should do the same. o Don't take ourselves too seriously and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 11: 17 p.m. !:j. V~ _ r ~~~, ~ ( atricia Muscovitz, CMC Deputy City Clerk/Council Secretary