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HomeMy WebLinkAboutOctober 10, 2005 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING OCTOBER 10, 2005 The following are the minutes for the regular meeting ofthe City Council held at 7:00 p.m. on Monday, October 10, 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 Robert A. Williams, Councihnember Bruce Nawrocki, Councilmember Tammera Ericson Diehm, Councilmember Bruce Kelzenberg. Father Al Backmann, Immaculate Conception Church, gave the Invocation. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki requested that discussion of the 2006 Budget and signage be added. Peterson placed them under Other Business, items 3 and 4. Peterson spoke on the passing of Anthony Maciaszek, 88 year life long resident, on October 8th. He listed details of the Maciaszek service and read his accomplishments from the devotional card. Nawrocki spoke in remembrance of his long relationship with Mr. Maciaszek. Peterson stated the Sister City luncheon and meeting tomorrow would be rescheduled so members could attend services for their fellow cOlmnittee member. PROCLAMATIONS. PRESENT A TIONS. RECOGNITIONS AND GUESTS A) Proclamations Mayor Peterson read the Polish American Heritage Month Proclamation. Peterson invited the Sister Cities members present to accept the Proclamation and to speak oftheir trip to our Sister City in Lomianki, Poland. Dolores Strand thanked him for the Proclamation and introduced members present. Dorothy Penate spoke of the distribution of 240 wheelchairs to the Lomianki and Warsaw areas. Marie Plyzynski spoke of the memorial ceremony for the American plane that was shot down over Lomianki, with survivors being executed. She stated that Mayor Peterson's speech "did us proud". Gloria Bergstrom spoke ofthe visit to the Senior Center and their generosity, and stated that we were trpl'ltpr!lilcp Tfnll'lltv ~np dl'ltpr! tnl'lt <;!np nl'l<;! lpl'lmpr! l'l npul mpl'lnina ()f trppr!mTI l'lnr! r!P1TI()C'l"l'lC'.V _~_____ ..u_ ~~J _UJ' -~~- ~----- _u__ ~U_ ~~_~ ~__U~__ _ u_.. u~--~u~o ~~ ~___~u~ _u_ -_U~~-~--J' Pat Sowada spoke of the visit to the schools and the library, and the hospitality of Mayor Lucian Sokolowski. Ed Carlson, who was Mayor when this relationship was fonned, spoke of his pride for the long relationship with our Sister City. Walter Logacz, honorary citizen of Lomianki, thanked Dolores Strand for her effOlis which hold this cOlmnittee together and her initiative for the Sister City Committee to raise funds for the 240 wheelchairs. We are the only cOlmnunity of our size to be able to raise the needed funds without corporate sponsorship. Logacz stated that Strand was honored with Lomianki's highest cormnunity award, the Falcon; one of six City Council Minutes October 10, 2005 Page 2 of 13 people to receive this and the only non-Pole to received the award. He thanked the Mayor and Councilmember Williams for making this trip to assure our commitment to this relationship. He indicated that Lech Walesa will be in the Twin Cities in November and Strand is working to bring him to Columbia Heights. Dolores Strand commended Patty Muscovitz for her planning ofthe trip. Strand showed the Falcon award and certificate received. Wally Logacz stated that all members of the group paid for the trip at their own expense. Peterson stated that we are very proud of Dolores Strand and her accomplishments. He spoke of having dinner in the home of Lomianki Sister City members Hellena and Stasch Fabcheck. He indicated that everyone had a marvelous trip, gaining friends there and making friends with those we traveled with. Miscellaneous Peterson indicated that Make A Difference Day would be October 22,2005. The Rising to New Heights COlmnittee will be involved and recognize those that participate. Peterson listed possible projects and indicated those interested could contact Carole Blowers at City Hall. Peterson read a letter of commendation from Police Chief Tom Johnson to Investigator Matt Markum. This is just one case of the wonderful work our public service officials do for our city. CONSENT AGENDA City Manager Walt Fehst took Councilmembers through the consent agenda items. 1) Approve City Council Meeting Minutes for September 12, 2005 regular City Council meeting Motion to approve the minutes of the September 12, 2005 regular City Council meeting as presented. 2) Approve City Council Meeting Minutes for September 26, 2005 regular City Council meeting Motion to approve the minutes of the September 26, 2005 regular City Council meeting as presented. 3) Accept Boards and Commissions Meeting Minutes a) IWotion to accept the September 6,2005 minutes of the Public Library Board. b) IvIotion to accept the October 4, 2005 minutes of the Planning and Zoning COlmnission. c) Motion to accept the August 29,2005 minutes of the Traffic COlmnission. d) Motion to accept the October 4, 2005 minutes ofthe Traffic Commission. 4) Establish Executive Work Session for labor contract negotiations - Mon. Oct. 24, '05 at 6:30 p.m. Removed 5) Authorize the transfer of funds to Police budget to reimburse overtime fund Motion to transfer $2,068 received fi.om Unique Thrift Stores, $763.75 received from Columbia Heights High School activities, $3,911.50 received from the Smmner Academy traffic detail, and the $716.75 collected from Immaculate Conception Fun Fest, a total of $7,460, from the General Fund to the Police Department 2005 budget under line #1020 Police Overtime. 6) Adopt Resolution No. 2005-54, being a Resolution celiifying delinquent utility and miscellaneous charges for collection with propeliy taxes payable in 2006. Motion to waive the reading of Resolution No. 2005-54, there being ample copies available to the public. Motion to adopt Resolution No. 2005-54, being a Resolution to celiify delinquent utility and City Council Minutes October 10, 2005 Page 3 of 13 miscellaneous charges to Anoka County for collection with the property taxes payable in 2006. RESOLUTION NO. 2005-54 CERTIFICATION OF DELINQUENT UTILITY AND MISCELLANEOUS CHARGES BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, that THE COUNTY AUDITOR be, and is hereby directed, to levy delinquent utility and miscellaneous delinquent bills on the properties in the City of Columbia Heights as listed on page two of this resolution and filed in the Assessment Book for 2005 totaling $14,455.72. BE IT FURTHER RESOLVED that the foregoing amounts shall be included in the individual property tax statements for the current year and identified thereon as "Special Assessments." SAID CHARGES shall be enforced and collected in the manner provided for the enforcement and collection of State and County taxes under and in accordance with the provisions of the general laws of the State. All delinquent utility and miscellaneous bills with penalties as indicated thereon paid to the County Treasurer shall belong to the City of Columbia Heights and shall be turned over to the City Treasurer in the manner provided by the City Charter and Ordinances. THE CITY OF COLUMBIA HEIGHTS shall accept payments on these utility and miscellaneous bills until November 15,2005. Upon receipt of said payments, the City will remove them from the certification list sent to Anoka County. 7) Adopt Resolution 2005-55, being a resolution allowing extension of the lot split at 1600 41 st A venue/4050 Tyler Street - Removed F ehst stated that the extension is no longer required. 8) Approve Business License Applications Motion to approve the items as listed on the business license agenda for October 10, 2005 as presented. 9) 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 114464 through 114582 in the amount of$1,269,276.80. Motion by Nawrocki, second by Williams, to approve the Consent Agenda items, with the exception of#4 and #7. Upon vote: All ayes. Motion carried. Establish Executive Work Session for labor contract negotiations - Mon. Oct. 24, '05 at 6:30 p.m. Nawrocki stated that begimling at 6:30 p.m. was a problem for him. An executive work session should be recessed to during a regular meeting. Jim Hoeft, City Attomey, stated there is no action taken in an executive session. If action were necessary, it would be brought to the next regular meeting. The topic can be indicated at the next regular Council meeting. :Motion by Ericson Diehm, second by Wiliiams, to schedule a City Council Executive Work Session for the purpose of discussing labor contract negotiations on Monday, October 24, 2005 beginning at 6:30 p.m. in Conference Room 1. Upon vote: Ke1zenberg, aye; Williams, aye; EIicson Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. PUBLIC HEARINGS A) Adopt Resolution No. 2005-56 approving revocation onhe rental housing license for 4125 2nd Street Nawrocki stated his understanding that the first step was to schedule the hearing. Fire Chief Gary Gomlan stated that step was eliminated last June when Council passed the inspection policy in an effOli to shOlien the process. Nawrocki requested a copy of the infonnation. Gonnan stated these propeliies are under the new policy, which allows owners 45 days to file the application, pay the fee, and have the propeliy inspected. Gonnan indicated the owner of the properties for the first three City Council Minutes October 10, 2005 Page 4 of 13 hearings has completed all requirements except the inspections. He suggested upholding the resolutions with a three week grace period. Motion by Williams, second by Kelzenberg to close the public hearing and to waive the reading of Resolution No.2005-56 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2005-56, resolution ofthe City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) ofthe rental license held by Joe Kollasch regarding rental propeliy at 4125 2nd Street NE. Upon vote: All ayes. Motion carried. RESOLUTION 2005-56 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of that certain residential rental license held by Joe Kollasch (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4125 2nd Street NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 19,2005 of an public hearing to be held on October 10, 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 Columbia Heights makes the following: FINDINGS OF FACT 1. That on September 2, 2005, inspection office staff sent a letter requesting the new owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on September 19, 2005, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by certified mail to the owner at the address listed in the property records. 3. 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 violations of the residential maintenance code: Failure to submit a rental license application. b. Failure to schedule a relicensing inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F6867 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. B) Adopt Resolution No. 2005-57 approving revocation of the rental housing license for 4645 Washington Street Motion by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2005-57, there being ample copies available to the public. Nawrocki questioned the 30 day time period. Gorman stated it is now 45 days to complete the application, fee payment, and inspection. Hoeft stated that the Fire Chief would work with the owner to see that the inspections are completed and then the revocation would not go forward. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2005-57, Resolution ofthe City City Council Minutes October] 0, 2005 Page 5 of 13 Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) ofthe rental license held by Joe Kollasch regarding rental property at 4645 Washington Street NE. Upon vote: All ayes. Motion carried. RESOLUTION 2005-57 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of that certain residential rental license held by Joe Kollasch (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4645 Washington Street NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 19, 2005 of an public hearing to be held on October 10, 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 Columbia Heights makes the following: FINDINGS OF FACT 1. That on September 2, 2005, inspection office staff sent a letter requesting the new owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on September 19, 2005, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by certified mail to the owner at the address listed in the property records. 3. 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 violations of the residential maintenance code: Failure to submit a rental license application. b. Failure to schedule a relicensing inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropliate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F6783B 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. C) Adopt Resolution No. 2005-58 approving revocation of the rental housing license for 4644 Washington Street Motion by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution No.2005- there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2005-58, a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of the Rental License held by Joe Kollasch regarding rental propeliy at 4644 Washington Street NE. Upon vote: All ayes. Motion carried. RESOLUTION 2005-58 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of that certain residential rental license held by Joe Kollasch (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4644 Washington Street NE, Columbia Heights, Milmesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 19,2005 of an public hearing to be held on October 10, 2005. City Council Minutes October 10, 2005 Page 6 of 13 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on September 2, 2005, inspection office staff sent a letter requesting the new owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on September 19, 2005, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by certified mail to the owner at the address listed in the property records. 3. 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 violations of the residential maintenance code: Failure to submit a rental license application. b. Failure to schedule a relicensing inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F6783A 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. D) Ado-pt Resolution No. 2005-59 approving revocation ofthe rental housing license for 4600 4th St. Gonnan stated that he has not heard from this owner. Motion by Ericson Diehm, second by Williams, to close the public hearing and to waive the reading of Resolution No.2005-59, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Ericson Diehm, second by Williams, to adopt Resolution No. 2005-59, a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of the rental license held by Larry Wakeman regarding rental property at 4600 4th Street NE. Upon vote: All ayes. Motion carried. RESOLUTION 2005-59 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5A.408(A) of that celiain residential rental license held by Larry Wakeman (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4600 4th Street NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article N, Section 5AA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 15,2005 of an public hearing to be held on October 10, 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 Columbia Heights makes the following: FINDINGS OF FACT 1. That on September 2,2005, inspection office staff sent a letter requesting the new owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on September 15, 2005, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by certified mail to the owner at the address listed in the property records. 3. 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 violations of the residential maintenance code: Failure to submit a rental license application. b. Failure to schedule a relicensing inspection. City Council Minutes October 10, 2005 Page 7 of 13 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F66l9 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. 5. Adopt Resolution No. 2005-60 approving revocation of the rental housing license for 4515-17 Fillmore St. Gonnan stated this is due to failure to comply. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No.2005-60, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2005-60, a Resolution ofthe City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) ofthe rental license held by Troy Mlenar Regarding Rental Property at 4515-17 Fillmore Street NE. Upon vote: All ayes. Motion carried. RESOLUTION 2005-60 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Troy Mlenar (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4515-17 Fillmore Street NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article I, Section 5AA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 19,2005 of an public hearing to be held on October 10, 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 Columbia Heights makes the following: FINDINGS OF FACT 1. That on September 2, 2005, inspection office staff sent a letter requesting the new owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on September 19, 2005, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by certified mail to the owner at the address listed in the property records. 3. 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 violations of the residential maintenance code: Failure to submit a rental license application. b. Failure to schedule a relicensing inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F6846 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. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions City Council Minutes October 10, 2005 Page 8 of 13 1. Second reading to adopt Ordinance No. 1498, being an ordinance authorizing to convey certain real estate located at 3955 University Avenue and 3947 Lookout Place Motion by Ericson Diehm, second by Williams, to waive the reading of Ordinance No. 1498, there being ample copies available to the public. Nawrocki asked the amount ofland involved. Fehst stated about one acre. Nawrocki stated this would be about $1 per square foot and the consultant gave a land value of $7 to $15 per square foot, not including additional property to be added. We should receive a fair value on the land. Ericson Diehm stated the report from Ehlers indicated restaurants would pay $7-15 per foot; not necessarily at this site. We have tried to market tIns property unsuccessfully in the past and should consider tIns, along with work needed on the property. Fehst stated there would be an additional $75,000 work required to bury lines, etc. In previously working with other developers, tl1is is what was determined feasible. Nawrocki stated tl1is would be two acres by the time the road is vacated. Upon vote: All Ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Ordinance No. 1498 being an Ordinance amending Ordinance No. 1490, authorizing to convey certain real estate located at 3955 University Avenue and 3947 Lookout Place. Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. ORDINANCE NO. 1498 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 AUTHORIZING TO CONVEY CERTAIN REAL ESTATE LOCATED AT 3955 UNIVERSITY AVENUE AND 3947 LOOKOUT PLACE. The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights, a Mumesota municipal corporation, may convey unto the Columbia Heights Economic Development Authority, the real property described as follows, to wit: 3955 University Avenue- North 128 ft. of Lot 1 and also that part of Lot 1 lying West of University Ave as extended, except North 30 ft for Hwy, Rearrangement of Block E of Columbia Heights Annex. 3947 Lookout Place- Lot 16 and that part of Lot 17, Block 68, Columbia Heights Annex to Mpls, Anoka County, MN lYUlg southwesterly of the following described "Line 1" and northwesterly of the following described "Line 2". "Line 1"- Beginning at a point on the south line of said Lot 17, distant 21.0 feet westerly of the southeast comer; thence northwesterly to a point on the west line, said point being 100.0 feet southerly of the northwest comer and there temlinate. "Line 2"- Begliming at a point on the north line of said Lot 17, distant 10.0 feet easterly of the northwest comer; thence southwesterly to a point on the west line, said point being 10.0 feet southerly of the northwest comer and there terminate. Section 2: The Mayor and City Manager are herewith authorized to execute a deed to effectuate the conveyance of said real estate. Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. 2. First reading of Ordinance No. 1499, vacating a pOliion of 45th Avenue NE Jeff Sargent, City Planner, stated this request to vacate is to allow expansion of a garage and compliance with the set back requirement. The Planning and Zoning COlmnission held the public hearing on July 6 and recommended approval, as this request is consistent with plmming and zoning standards. Motion by Williams, second by Ericson Diehm, to waive the reading of Ordinance No. 1499 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Willimns, second by Ericson Diehm, to establish a second reading of Ordinance No. 1499, City Council Minutes October 10, 2005 Page 9 of 13 vacating a portion of 45th Avenue NE for Monday, October 24,2005 at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. 3. First reading of Ordinance No. 1500, vacating a portion of Lookout Place Sargent indicated that James Sarna has requested approval of a Lookout Place right-of-way. He listed the property description. The second reading of this ordinance will not take place before plat approval. The Planning and Zoning Commission held the public hearing on this request and reconunend approval, as it is consistent with planning and zoning standards. Ericson Diemn stated that this was discussed at the Plamling and Zoning COlmnission meeting, which left the impression with the public that this item would not be considered for a while. She questioned if concerned residents were infonned this would be considered tonight. This would apply mostly to the preliminary plat agenda item. Kelzenberg asked if Sargent knows why we have not heard from Comcast. Sargent stated this does take time and they have been infonned. Motion by Nawrocki to table the reading of Ordinance No. 1500. Motion died for lack of a second. Motion by Ericson Diemn, second by Kelzenberg, to waive the reading of Ordinance No. 1500, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Ericson Dielun, second by Kelzenberg, to establish a second reading of Ordinance No. 1500, vacating a portion of Lookout Place for Monday, October 24,2005 at approximately 7:00 p.m. in the City Council Chambers, with notification to be sent to concerned residents or this will be tabled at the second reading. Nawrocki stated this does not address the concerns of residents. Peterson stated that representatives of the restaurant and sUlTounding neighbors would be notified. Ericson Diemn stated this is the first reading of the Ordinance and agreed with tabling the preliminary plat. Residents will be giving the opportunity to speak at the meeting. Nawrocki disagreed. Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diemn, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. IvIotion carried. Ericson Dielun stated there were questions raised that would be addressed by the Public Works Department. Sargent stated that obviously there was a misunderstanding and it would be appropriate to table the next item. Other Business 1. Approve Preliminary Plat and three variances for Sarna's Addition - Case #2005-1001 Motion by Ericson Diehm, second by Williams, to table the Sarna Addition Preliminary Plat, so all concerned parties may be notified. Upon vote: All ayes. Motion carried. 2. Approve agreement with Dahlgren, Shardlow and Uban - planning Heritage Heights area Fehst stated the work session request was to pursue an agreement for a redevelopment study of the Heritage Heights area. F ehst stated the history of this area, indicating items that were not completed in the first redevelopment attempt. He listed items to be considered by the plamler, including establishing a cOlmnunity advisory cOlmnittee. Nawrocki asked who has reviewed this contract and how many bids were sought. Fehst stated the City City Council Minutes October 10, 2005 Page 10 of 13 Attorney and Community Development Director. This is the only agreement, as we have worked with this finn on several other projects. Nawrocki stated this contract is not worth $50,000 and that our COlmnunity Development department should be able to do this work. Nawrocki commented that the City Manager could help instead of reading the newspaper at work. Fehst indicated that was city business. Discussion between Nawrocki and Fehst became personal and tempers flared. Peterson stated the need to discuss the behavioral items brought back from the City of Hugo, Minnesota, at the next work session. F ehst agreed. Nawrocki stated that compensation in the COlmnunity Development Depmiment is over $200,000 a year and we should use what we are paying for, especially when we do not get competitive proposals. Nawrocki questioned where the $50,000 would come from to pay the planner. Fehst stated the 420 account, which is for cOlmnunity development purposes. Fehst indicated it would be shortsighted not to consider the success of Dahlgren, Shardlow, and Uban to develop the best possible marketable plan. Fehst stated that in comparing our community to others by reading metro news clips, our accomplishments over the last three years, with limited staff, is remarkable. It would be shortsighted to not continue on the path of redevelopment. Ericson Diehm stated that we have an extremely talented COlmnunity Development staff. As elected officials we m"e to make good choices and spend money wisely. We have given staff direction as to our goals and would like an outside finn to give a repOli, upon hearing from the cOlmnunity and staff. She stated that this is a top notch finn and she has confidence they will not just tell us what we want to hear, and they are familiar with our area. We have learned that residents in the area feel that $50,000 is nothing compared to continually band-aiding the area's problems. Many on this Council have cOlmnitted to the challenge and want to do it right. This is a great way to get us going. Jill Voelker, 4549 Taylor, and block captain in the area stated she is in favor of redevelopment, but we don't have time to wait as many people are leaving the neighborhood because of safety concerns. Nawrocki began to speak regarding the City Manager's comments. Point of order by Ericson Diehm. Nawrocki stated that he is accused of being anti-staff, and that the Manager has made spurious remarks. Peterson indicated discussion should be relative to this business item. Peterson stated that four members of Council feel that staffis doing an excellent job, and Councilmember Nawrocki is entitled to his opinion, but requested he not make the remarks in this meeting. Peterson stated that our community is finally standing out and moving ahead. Residents he speaks to want to move ahead and he does not understand these outbreaks at meetings. Nawrocki indicated that others were allowed to speak and go on and on. He stated that Streetm" does an excellent job for the City. Councilmembers began to speak out of turn. Peterson indicated it was time to proceed with items on the agenda. Sargent spoke regarding the COlmnunity Development Depmiment and their redevelopment effOlis. Motion by Kelzenberg, second by Ericson Diehm, to approve an agreement between the City of Columbia Heights and Dahlgren, Shardlow, and Uban for planning of the Helitage Heights City Council Minutes October 10, 2005 Page 11 of 13 neighborhood; and fmihennore to authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. 3. 2006 Budget Nawrocki stated that only a partial budget has been received from the City Manager. All budget books were to be received by October ih. At the Library budget work session, numbers did not correspond. Only a power point presentation was given, with no paper copies available. Nawrocki referred to the draft budget infonnation for the newsletter as inadequate. He considers this non-progress. Nawrocki stated that the Manager has indicated budget discussion would only be on property tax supported items. Lost state aid, increased water and sewer fees, and surplus funds should be discussed. He read fi'om the City Charter section on taxation and finance, which does not indicate the budget is only for property tax funds. We, as a Council, do an inadequate job going over the proposed budget. Nawrocki indicated that the planning finnjust approved are good consultants. But, in the past Councilmembers have interviewed prospective consultants. Unless you get price proposals, you do not know if you are getting the best value. Nawrocki stated that we have not indicated when we will adopt the budget. The budget work session set for the third Monday in November is on a date we agreed to not have meetings. The budget will probably be adopted at the Truth and Taxation meeting, but it should be at a regular council meeting where residents can get the infonnation by cable television. He stated the need to redo the newsletter article to be more complete. 4. Signage Nawrocki stated that we do a tenible job on signage control in the city. He indicated there was a cOlmnittee that worked on a sign ordinance, but it was delayed about five years. We put $5,000,000 into Central Avenue from 3ih to 43rd Avenues for aesthetics. Nawrocki pointed out the illegal signage at the donut shop on 50th and University that took two months to remove. They have put new signs on the building, have pylon signs, and a truck as an advertisement. Sargent stated that the Planning and Zoning Commission just discussed this and will address the policy during the winter months. There are design guidelines in place, but they do not cover temporary signage. The current sign ordinance is difficult to police. ADMINISTRATIVE REPORTS RepOli of the City Manager . The temporary sign violations have been discussed and are being pursued. This does take a cOlmnitment from Council. . The newsletter budget article will be altered and will including infonnation that water and sewer rates increased and garbage service decreased. The Finance Director is creating altemative articles. . Resents the inferences of Councilmember Nawrocki Peterson requested that questions ofthe City Manager be asked in a civil manner. Nawrocki stated he would appreciate ifthe Mayor and City Manager would be civil to him. He apologized for tit for tat responses. Nawrocki stated that Councilmembers should be notified when the City Manager will not be at the office. City Council Minutes October 10, 2005 Page 12 of 13 Peterson asked if Nawrocki had any questions for the City Manager. Nawrocki asked for infonnation on the repair status of 4152 Cleveland Street. Nawrocki requested a complete financial worksheet on the industrial park. He has received information on one clean up contract. Nawrocki questioned what we are calling this project, as he has heard multiple names. Nawrocki requested a break down of building license fees, which are required by State law to be based on actual costs incurred. Nawrocki referred to an email from an attorney representing someone on 39th Avenue regarding contamination of the Quonset hut. Requested to see the response to this email. Nawrocki referred to an email on contamination in the industrial park questioning if the contamination could be linked to the Shoreham Yard site. Nawrocki stated, as recOlmnended by a citizen in the community, the City Manager should list the items he will be working on for the coming month in his rep0l1. Peterson stated that Nawrocki's opinion is his opinion, not the opinion of the rest of the City Council. Peterson indicated that these comments should have been made during Council Comer comments. Report of the City Attorney - none. CITIZENS FORUM CliffShedlow, 4630 Fillmore Street, a 42 year resident, stated that we have a wonderful library, street crew, city employees, city manager, police department, and fire department. Our paramedics are top in the world. He stated how nice it was to hear the Fire Chief compliment his men. The negative in the city is the City Council. COUNCIL CORNER Nawrocki . Tired ofheming he is negative to staff. Does not think the Manager is doing the job he should, and does not apologize for that. Basically, we have a good work force in the city, but the City Manager does not always use them to the best advantage. Streetar does a good job, gives honest answers, and is cOlmnitted to the city, as are most other department people. It is not true that nothing has been done in this city for the last 30 years. This has been a community in progress. . The trees that were butchered by the power company on Main Street are on the State Aid system. We have an obligation to do something about these trees. We are using State Aid money to build the lavish gateway; it is fair to use some of that money to replace the one-half dozen trees destroyed. Peterson asked if he .would like to put those addresses into a motion. Motion by Nawrocki for the City Manager to bring a plan back to the City Council to replace the butchered trees along Main Street, of about six trees. Peterson called for a second on the motion. Motion died for lack of a second. Peterson stated this could be discussed at a work session. . Received a complaint about the schools in the shopping center on 41 st and Central using the parking lot of Labelle for a playground. Fehst stated that we have looked into this and responded. . Was told the Planning Conunission was asked to COlmnent on 2 a.m. closing of bars in our city. Ericson Diehm stated her recollection that this was referred to Planning and Zoning Commission and Police Chief Requested infonnation on when this was discussed. . Referred to concerns of past development with high density areas becoming a problem, and concern with the high density plans for current development. City Council Minutes October 10, 2005 Page 13 of 13 . Reminder: October 15, second halfpropeliy tax payments are due. Ericson Diehm . Fire Fighter Open House October 1: over 400 people attended, great event, donations were listed, and thanked those who attended. . October 3rd: 4.2 inches rain. This is between a 75 - 100 year flood event, and there were no reports of sanitary sewer backups. This was a problem not that long ago. . Attended the Crestview Gala. Glad to support this organization. . On Saturday, attended the funeral for 8th grader, Mediha Sivic, who passed away. Offered prayers to the family and to the middle school. . This Friday is our high school's homecoming; support our school. . Saturday, October 15, there will be a Halloween event at Silverwood. . Values First: October - Values are non-violence, peace and conflict resolution. . We live in a democracy and have a representative fonn of government. Know a large number who watch these meetings feel helpless, as if not being represented. There is solution: it is "Rising to New Heights". The group is cOlmnitted to this, as a great city with positive reinforcement. Hope people that are frustrated attend. We can change. Kelzenberg . Rick Anderson, Postmaster retired. Good luck to him. . Read Green Sheet article on Officer Piehn and the excellent police work he did to solve a case. Williams . No COlnment. Peterson . Objects to repetitive history lessons and derogatory remarks about staff. Strives for happiness everyday, and promotes our cormnunity. Raises funds through raffling a 4x4 and hosting a holiday party. It is through hard work that funds are raised. Lions have also raised funds. Our COiThillmity is a wonderful place to live. . Certain things are better discussed in private, but following the actions at this meeting read part of a letter from Walker Elder Care regarding raising fees and abusive treatment by the HRA Chairman. . Have a wonderful week and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:35 pm. ~ W\~u* \. Patricia Muscovitz, CMC f Deputy City Clerk/Council Secretary