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HomeMy WebLinkAboutNovember 14, 2005 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING NOVEMBER 14, 2005 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, November 14,2005 in the City COlillcil Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Youth Pastor Brenna Ziemet, Columbia Heights Assembly of God Church, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki requested to add discussion on the budget. Peterson placed this as #3 Other Business. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS Presentations Make a Difference Day - Rising to New Heights, Ted Landwehr Landwehr stated that October 22nd was the Third Annual "Make a Difference Day" in Columbia Heights. The goal is to "do good" in the community. The Rising to New Heights Committee (RNH) recognized three projects for their participation. 1) 45 Columbia Heights Seniors put together 1,000 gift bags for Special Olympics torchlight run participants. 2) John and Marvin Sowada donated over 400 pounds of vegetables to SACA, plus pumpkins, gourds and squash. They also donated to churches. 3) The City of Columbia Heights employees put together over 40 birthday boxes and bags for SACA. Mary Dugdale and Pat Sowada accepted on behalf of the employees. Each individual was given a certificate and each group was given a check for $25. Landwehr invited anyone interested to attend the next RNH meeting. Nawrocki recognized Carole Blowers, Administrative Secretary, for bringing this idea to us and to the attention of Rising to New Heights for promotion in our City. She organizes the city employee participation and should receive special recognition. Recognition Civilian Emergency Response Training (CERT) Graduation Police Chief Tom Johnson and Mayor Peterson recognized 14 new CERT team members and handed out certificates to those present. Johnson recognized the Officers in charge ofthis program. He stated there would be a special group training program this Saturday and recognized the CERT team members that helped during the heavy rainfall last month. Peterson thanked the group for becoming involved. Chief Johnson invited anyone interested in joining the CERT group to call the Police Department for information. Williams suggested that residents of our senior high rises become involved. CONSENT AGENDA Walt Fehst, City Manager, took the City Council through the Consent Agenda Items. Councilmember Nawrocki removed items #3,6, 7, 8, 9, 10, and the VFW license from #11. 1) Approve City Council Meeting Minutes for October 24, 2005 regular City Council meeting Motion to approve the minutes of the October 24,2005 regular City Council meeting as presented. City Council Minutes November 14, 2005 Page 2 of 16 2) Accept Boards and Commissions Meeting Minutes a) Motion: Accept minutes of the July 26,2005 HRA meeting. b) Motion: Accept minutes of the August 23,2005 EDA meeting. c) Motion: Accept minutes of the October 5, 2005 Library Board budget meeting. d) Motion: Accept minutes of the October 5, 2005 Library Board meeting. e) Motion: Accept minutes of the November 1,2005 Planning & Zoning Com. Meeting. 3) Adopt Resolution No. 2005-68, being a Resolution canceling the City Council meeting of Monday, December 26,2005. - Removed 4) Authorize the transfer of (Safe and Sober program) overtime General Fund to the Police Dept. Motion to transfer $3,367.03, the total amount of money received from the State of Minnesota for our efforts in Safe and Sober program, from the General FlUld to the Police Department 2005 budget line # 1020 Overtime. 5) Authorize the transfer of (off duty employment) overtime General Fund to the Police Dept. Motion to transfer $3,047.12 received from Unique Thrift Stores, $411.25 received from Columbia Heights High School activities, and the $94 collected from Nordaune & Friesen - a total of $3,552.37 - from the General Fund to the Police Department 2005 budget under line #1020, Overtime. 6) Approve premises permit renewal/application Class B Gambling License for VFW Post #230 and Class B premise permit for VFW Post #230 activities at LaCaberna Bar and Grill. - Removed 7) Adopt Resolution No. 2005-80, for IS-foot side yard setback variance at 628 38th Avenue - Removed 8) Authorize change to Veit & Company Inc. contract ( City contract # 1844) - Removed 9) Authorize change order to Viet & Company Inc. Contract (City contract #1854) - Removed 10) Authorize contract change order to Frattalone Companies Inc. Contract (City contract #1793) - Removed 11) Approve Business License Applications Motion to approve the items as listed on the business license agenda for November 14,2005 as presented regarding the new licenses for 2005 and the renewals for 2006, with removal of the VFW license request. 12) Approve Payment of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 114743 through 115002 in the amount of$I,327,923.07. Motion by Nawrocki, second Williams, to approve the Consent Agenda items, with the exception of items 3,6, 7,8,9, and 10. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to approve the license request for the VFW. Nawrocki stated that as Commander and Signatory he would abstain from the vote. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, abstain; Peterson, aye. 4 ayes - 1 City Council Minutes November 14,2005 Page 3 of 16 abstention. Motion carried. #3 Adopt Resolution No. 2005 -68, being a Resolution canceling the City Council meeting of Monday, December 26,2005. Nawrocki stated that he is not in favor of canceling a regular meeting. It should be on the following Tuesday. Peterson stated that a meeting could be called if necessary. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution No. 2005-68, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2005-68, being a Resolution canceling the City of Columbia Heights regular City Council meeting of Monday, December 26, 2005. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. RESOLUTION NO. 2005-68 BEING A RESOLUTION CANCELING THECITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETING OF MONDAY, DECEMBER 26,2005 WHEREAS: The City of Columbia Heights offices are closed on Friday, December 23, 2005 and Monday, December 26, 2005, and; WHEREAS: The City Council has agreed to cancel the regular Council meeting scheduled for Monday, December 26, 2005; NOW, THEREFORE, BE IT RESOLVED, that all interested parties be advised of this change. #6 Approve premises permit renewal/application Class B Gambling License for VFW Post #230 and Class B premise permit for VFW Post #230 activities at LaCaberna Bar and Grill. Nawrocki stated that as Commander and Signatory he would abstain from the vote. Motion by Diehm, second by Kelzenberg, to direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the renewal of a Class B charitable gambling license for VFW Post #230, 4446 Central Avenue NE, Columbia Heights and the issuance of a Class B premises permit for VFW Post #230 in conjunction with activities at LaCaberna Bar and Grill, 4952 Central Avenue NE, Columbia Heights; and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, abstain; Peterson, aye. 4 ayes - 1 abstention. Motion carried. #7 Adopt Resolution No. 2005-80, for IS-foot side yard setback variance at 628 38th Avenue Jeff Sargent, City Planner, described the request, which would allow the property owner to park his vehicles without encroaching on the alley. Nawrocki stated it would be inappropriate to approve this variance with the number of vehicles listed on their petition relative to the lot size. It would set a bad precedent. Nawrocki suggested that published legal notices also indicated the street address of the property. Kelzenberg questioned concerns of the neighbors. Sargent indicated there was a neighbor concerned that rain water would puddle in his driveway. The Planning and Zoning Commission determined it would not hmi his situation and any puddle was caused by faulty construction. Kelzenberg asked if the city would be responsible. Sargent stated he did not believe so. City Council Minutes November 14, 2005 Page 4 of 16 Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution No. 2005-80, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2005-80, being a Resolution approving a variance from certain conditions of the City of Columbia Heights zoning Code for Ben Adams (628 38th Avenue). Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - I nay. Motion carried. RESOLUTION NO. 2005-80 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR BEN ADAMS WHEREAS, a proposal (Case # 2005-1ID1) has been submitted by Ben Adams to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 628 - 38th Avenue NE LEGAL DESCRIPTION: Lot 28, Block 88, Columbia Heights Annex to Minneapolis. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A IS-foot side yard setback variance for the construction of a driveway per Code Section 9.ID6 (L)(7)(g). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on November 1,2005; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as weIl as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: I. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel ofIand involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached conditions, plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the pennit. CONDITIONS: I. The applicant shaIl obtain a boundary survey to accurately denote the placement of the side lot line. 2. The driveway shall be surfaced with a dustless all-weather hard surface material. Acceptable materials include asphalt, concrete, brick, cement pavers or similar material instaIled and maintained per industry standards. Crushed rock shaIl not be considered an acceptable surfacing material. #8 Authorize change to Veit & Company Inc. Contract (City contract #1844) Nawrocki stated he has the same concerns on items #8,9, and 10, that this would double the contract. We paid an expeli to prepare specs and do soil tests and now we have another million dollars in change orders. Fehst stated that all quantities have been verified. There were 85 original test borings done on the property, but you can not find all of the problems, especially under buildings. These costs will be paid back in full by the grants or the developer. All three phases of this development will net us $1.6 million in taxes. Nawrocki stated that would take 12 to 20 years and experts should not have been this far off. TIns may take a year off the TIF dollars. Fehst stated it could take six months of the TIF pay back. Williams stated that tl1is is changing the face of our city by developing a polluted site that the previous owners got away without cleaning up. City Council Minutes November 14,2005 Page 5 of 16 Motion by Kelzenberg, second by Williams, to authorize change orders # 1 and #2 for additional work added to the contract by the City of Columbia Heights to Veit & Company in the amount of$368,705.99 with funding coming from the appropriate funds. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. #9 Authorize change order to Viet Envirorunental Contract (City contract #1854) Motion by Diehm, second by Kelzenberg, to authorize contract change orders #1, #2, #3, #4, and #5 for additional work added to the contract by the City of Colmnbia Heights to Viet Envirorunental in the amounts of$4,205, $5,573, $25,900, $12,775 with funding coming from the appropriate funds. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. #10 Authorize contract change order to Frattalone Companies Inc. Contract (City contract #1793) Motion by Williams, second by Kelzenberg, to authorize contract change order # 1 for additional work added to the contract by the City of Colmnbia Heights to Frattalone Companies, Inc. in the amomlt of $627,356.42 with funding coming from the appropriate funds. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. PUBLIC HEARINGS A. Adopt Order concerning hazardous buildings on property located at 4321 5th Street described as PIN 35- 30-24-21-0165 Jim Hoeft, City Attorney, stated that the Building Official made the determination on the building condition. Larry Pepin, Building Official, indicated that these buildings have suffered significant structural failure. Pepin showed interior and exterior pictures of the structures. The buildings were posted as uninhabitable and have had no water service since 1996. The structures were overloaded floor to ceiling and wall to wall. Harold Hoimn, 4321 5th Street, indicated that looters and thieves did this damage and alluded to theft by Police and Fire personnel removing items from the propeliy. He threatened that he would hang everyone involved in this by grappling hooks. Peterson required Mr. Hoium to stop speaking; indicating that anything of value on the propeliy was catalogued and could be reclaimed. However, the buildings are dangerous and require abatement. He reminded Mr. Hoimn of his constant request to clean up our city. Nawrocki asked if the looting was reported to the Police Department. Hoium stated yes, but the city would do nothing about it. Nawrocki asked who did the clean up and if items were documented. Gorman indicated DuAll was the clean up company and items were photographed. Motion by Kelzenberg, second by Diehm to adopt the Order concerning hazardous buildings on property located at 4321 5th Street described as PIN 35-30-24-21-0165, and authorize the Mayor and City Manager to execute the same. Peterson questioned if this covers all the addresses. Hoeft stated there is really only one legal address and Property Identification Number. Upon vote: All ayes. Motion carried. B) Adopt Resolution No. 2005 -69 being a Resolution Declaring Nuisance and Approving Abatement of Violations at 4310 Washington Street NE City Council Minutes November 14,2005 Page 6 of 16 Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2005-69 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2005-69, a resolution ofthe City Council of the City of Columbia Heights declaring the property at 431 0 Washington Street NE a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2005-69 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by George Powell (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4310 Washington Street NE. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified and regular mail to the owner of record on October 21, 2005. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULA nONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT That on June 30, 2005, an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. That on August 15,2005, inspectors re-inspected the property and found that one violation remained uncorrected. That based upon said records of the Fire Department, the following conditions and violations of City Ordinance(s) were found to exist, to-wit: Shall remove all/any yard waste (bagged leaves) }i'om the yard. (Large amount) That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4310 Washington Street NE. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement 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 abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 43 1 0 Washington Street NE. constitutes a nuisance pursuant to City Code. 2. That a copy of this resolution/order shall be served upon all relevant parties and parties in interest. 3. That any motion for summary enforcement shall be served upon all relevant parties and parties in interest. 4. That all service provided for herein shall be in accordance with Minnesota Statute 483.17, subd. 2 C) Adopt Resolution No. 2005 -70 being a Resolution for Rental Housing License Revocation at 5057 University Avenue NE. - NOT READ Nawrocki stated that under the old system he was notified what the violations were. He requested to continue that process. D) Adopt Resolution No. 2005-71 being a Resolution for Rental Housing License Revocation at 3820 Tyler Street NE. - NOT READ E) Adopt Resolution No. 2005-72. being a Resolution for Rental Housing License Revocation at 218-220 City Council Minutes November 14,2005 Page 7 of 16 42nd Avenue NE. - NOT READ F) Adopt Resolution No. 2005-73, being a Resolution for Rental Housing License Revocation at 4518-20 Washington StreetNE. - NOT READ Nawrocki stated there are vehicles there without licenses and parked on an unpaved area. Gorman stated this should be turned over to the Police Department. G) Adopt Resolution No. 2005-74, being a Resolution for Rental Housing License Revocation at 4038 Madison Street NE. - NOT READ H) Adopt Resolution No. 2005-75. being a Resolution for Rental Housing License Revocation at 3726 3rd Street NE. Gorman stated tIlls is for outstanding violations on the garage and trash in the yard. Motion by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2005-75, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2005-75, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) ofthe rental license held by TJ Holdings regarding rental property at 3726 3rd Street NE. Upon vote: All ayes. Motion carried. Nawrocki stated that 3841 3rd Street is like a junk yard, with about 30 cars parked there. RESOLUTION 2005-75 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 TJ Holdings (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3726 3rd 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 22, 2005 of an public hearing to be held on November 14,2005. 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 May 4, 2005, inspectors for the City of Columbia Heights, inspected the property described above and noted two violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the rental housing license application. 2. That on September 22, 2005, inspectors for the City of Columbia Heights, reinspected the property and noted three violations remained uncolTected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application. 3. That on October 25,2005, inspectors for the City of Columbia Heights performed a final inspection and noted that three violations remained. 4. 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 COlTect RMC violations. 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 F7279 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license City Council Minutes November 14,2005 Page 8 of 16 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. I) Adopt Resolution No. 2006-76, being a Resolution for Rental Housing License Revocation at 4255 3rd Street NE. - NOT READ J) Adopt Resolution No. 2005-77, being a Resolution for Rental Housing License Revocation at 1000 Peters Place NE. - NOT READ K) Adopt Resolution No. 2005-78, being a Resolution for Rental Housing License Revocation at 4952 Central Avenue NE. Gorman stated this is the unit above LaCabarna that is currently vacant, but they wish to maintain the license. There were 20 violations, which they are working on, but will not be done in the next few days. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2005-78, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2005-78, Resolution of the City COlmcil of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) ofthe rental license held by LaLa Jesus regarding rental property at 4952 Central Avenue NE. Upon vote: All ayes. Motion carried. RESOLUTION 2005-78 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 certain residential rental license held by Lala Jesus (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4952 Central Avenue 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 October 11,2005 of an public hearing to be held on November 14,2005. 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 August 22, 2005, inspectors for the City of Columbia Heights, inspected the property described above and noted twenty violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the rental housing license application. 2. That on October 11, 2005, inspectors for the City of Columbia Heights, reinspected the property and noted that twenty violations remained uncorrected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application. 3. That on November 10, 2005, inspectors for the City of Columbia Heights performed a final inspection and noted that twenty violations remained 4. 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 RMC violations. 5. 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 5AJ03(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7289 is hereby revoked. 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. City Council Minutes November 14,2005 Page 9 of 16 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. Miscellaneous - 1000 Peters Place Katrice and Robeli Buckner, 4656 ih Street stated they were residents of apartment 202 at 1000 Peters Place. They spoke of problems in the building with mold, water leakage, rotting windows, etc. They stated that the landlord would only fix the minimum requirement on anyone apartment to make it rentable again. Following inspection, there were 11 violations in their apaliment alone. When the plumber tried to fix the pipes, the wall fell out. Ms. Buchler indicated that the owner just paints over the mold, which is especially dangerous to the young and elderly. Peterson stated his surprised to see this revocation closed. Gorman stated that the owner and mallagement play the system by doing necessary repairs right before license revocation, which are followed by a complaint from another renter and the process begins all over again. There is a signed contract for window replacement in one of the units written up by our inspectors. Peterson asked the City Attorney ifthere is anything we can do to get this building fixed up. Hoeft stated that at the time of the annual inspection the Fire Depaliment would go through every unit in the building. Gorman stated that at the June inspection there were 40 violations. Gormall stated that our housing code is minimal. Peterson stated that we might need to draft all ordinance to address this type of issue, so no one will have to deal with a landlord like this. Nawrocki stated that we heard this from other renters in this building a few months ago and thought we were to inspect the entire building. Gormall again stated that every unit was inspected in June. Nawrocki requested to see the report on unit #202 and a report on a new inspection of the same unit today. Nawrocki requested follow up reports on inspections of this building. Hoeft stated the property keeps coming up on a complaint basis, and our system keeps working. Even though it is not perfect, there is action taken. Buildings such as this cost a lot to over see and that cost is spread over all properties. Jolm Larkin, Assistant Fire Chief, explained how the license revocation timeline has been shortened. He indicated that inspections indicate problems, but we can not control how they are replaced or are repaired, such as painting over mold. L) Adopt Resolution No. 2005-79, being a Resolution for Rental Housing License Revocation at 82550- 1/2 Avenue NE. Gormall stated the owner is reportedly out of the country. Motion by Nawrocki, second by WillialTIs, to close the public hearing and to waive the reading of Resolution No. 2005-79, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williallls, to adopt Resolution No. 2005-79, Resolution ofthe 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 Wadi Ayhalll regarding rental property at 825 50-1/2 Avenue NE. Upon vote: All ayes. Motion carried. RESOLUTION 2005-79 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 cel1ain residential rental license held by Wadi Ayham (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real propel1y located at 825 50-1/2 Avenue NE, Columbia Heights, Minnesota, City Council Minutes November 14,2005 Page 10 of 16 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 October 6, 2005 of an public hearing to be held on November 14,2005. 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 August 29, 2005, inspectors for the City of Columbia Heights, inspected the property described above and noted five violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the rental housing license application. 2. That on October 6, 2005, inspectors for the City of Columbia Heights, reinspected the property and noted that twenty violations five remained uncorrected. A statement of cause was mailed via celiified mail to the owner at the address listed on the rental housing license application. 3. That on November 8, 2005, inspectors for the City of Columbia Heights perfonned a final inspection and noted that five violations remained 4. 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 RMC violations. 5. 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 U825 is hereby revoked. 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 1) Second reading of Ordinance No. 1500, vacating a portion of Lookout Place Motion by Kelzenberg, second by Williams, to table the second reading of Ordinance No. 1500 vacating a portion of Lookout Place, until approximately 7:00 p.m. on Monday, January 23,2006 in the City Council Chambers. Nawrocki stated that Mr. Hurley, who commented at the last Council meeting regarding the Sarna plat, is a member of the City's law firm, Barna and Guzy. He questioned the appropriateness of our firm representing this other group. Hoeft stated that the City's involvement was transferring property to the EDA. Nawrocki expressed concern that the Sarna would come back at a later time wanting to expand to banquet facilities and requesting a 2:00 a.m. bar closing time. Peterson indicated there should be no discussion on a motion to table. Upon vote: All Ayes. Motion carried. Other Business 1. Adopt the Columbia Heights City Council Policy and Procedures for a Public Hearing and the City of Columbia Heights City Council and Planning Commission Public Meeting Guidelines. Fehst indicated that in 1995 the City Council passed Bylaws of Procedures and Decorum by Resolution. They were discussed again in 2003, but tabled. The procedures still apply. He stated that from a visit to the City of Hugo by Mayor Peterson, Councilmember Williams, and himself, they brought back Public Meeting Guidelines which go beyond our current resolution. Weare under the current decorum of Roberts Rules of Order. These guidelines would be civil rules of discourse, to disagree agreeably, or an overlay of what we have adopted. City Council Minutes November 14,2005 Page 1 1 of 16 Peterson read the Policy and Procedures for a Public Hearing and City Council and Planning Commission Meetings Public Meeting Guidelines. He stated these are the City of Hugo's success. We would make these available at the meeting room entrance. Peterson indicated his desire to adopt these guidelines and to treat each other with respect. Nawrocki stated these documents could be improved and ARE not user friendly. This should be discussed at a work session. It was scheduled for a work session that did not happen. The past Resolution needs to be looked at also and combined. There is a provision in the Charter that allows Council to adopt such rules for handling of business. He stated he is prepared to go over this section by section. Kelzenberg indicated he was happy with these guidelines as they are just common courtesy. Motion by Kelzenberg, second by Diehm, to adopt the Columbia Heights City Council Policy and Procedures for a Public Hearing and the City of Columbia Heights City Council and Planning Commission Public Meeting Guidelines. Harold Hoium stated appreciation for the Mayor reading the guidelines. He stated that packets should include staff reports. Motion to amend by Nawrocki, to replace Staff report from #1,2,3 and replace it with City Manager report in the City Council and PlalU1ing Commission Public Meeting Guidelines. Peterson called for a second. Motion to amend died for lack of a second. Discussion included Nawrocki's question of the definition of the word "strict". Peterson stated that someone has to be in charge, be it the Pla1U1ing and Zoning Chairperson, the Housing and Redevelopment Authority Chair or the Mayor. Williams indicated there should be a work session to discuss this; to develop trust and to work as a team. It would be a mistake to vote now. Diehm stated that the strong language was approved in 1995. The item tonight is how to commit to work on it and to show respect to each other and to our citizens. This would be good to have for citizens to see and read, and expect to hear from their Councilmembers. Motion to amend by Nawrocki to strike the word "strict" from the City Council and PlalU1ing Commission Public Meeting Guidelines. Second by Williams. Hoeft stated that "strict" is what the presiding officer says it is. If the body does not like it, they can vote against it. Williams stated he would vote against this. He stated that communication comes as a team. Diehm indicated the vote was whether to remove the word "strict" Upon vote: Kelzenberg, nay; Williams, aye; Diehm, nay; Nawrocki, aye; Peterson, nay. 3 nays - 2 ayes. Motion to amend failed. Motion to amend by Nawrocki to add language in #2 of "pro and con on reports, with alternatives" to the City Council and Planning Commission Public Meeting Guidelines. City Council Minutes November 14,2005 Page 12 of 16 Fehst stated that in most cases this is already done. Peterson called for a second. Motion to amend died for lack of a second. Williams again asked for a work session to discuss this document, as it needs to be discussed at length. Peterson stated this is not controversial - it is just common sense. Peterson stated this can be passed so it is available to the public and if an item is questioned it can then be discussed at a work seSSIOn. Kelzenberg called for the question. Motion to amend by Nawrocki to remove "five minute speaking limit" from the City Council and PlaIming Commission Public Meeting Guidelines. Second by Williams. Diehm stated that this is currently included in every agenda aIld additional time is granted. Williams questioned if he would be allowed to give his five minutes of speaking time to aIlother Councilmember. Hoeft stated this is for citizens addressing the Council. However if you have Councilmembers limited to 5 minutes and a member is stopped by the presiding officer, the body may vote to overrule and allow more time. Fehst stated that in all his time in this City a citizen has never been stifled. Upon vote: Kelzenberg, nay; Williams, aye; Diehm, nay; Nawrocki, aye; Peterson, nay. 3 nays - 2 ayes. Motion to amend failed. Motion to amend by Nawrocki to remove "not to address an individual member" in the City Council and Planning Commission Public Meeting Guidelines. Peterson called for second. Motion to amend died for lack of second. Motion to amend by Nawrocki motion to strike #6, allowing no "further public comment" in the City Council and Planning Commission Public Meeting Guidelines. Peterson called for second. Motion to amend died for lack of second. Motion to amend by Nawrocki to strike the words "avoid grandstanding" in the City Council Policy aIld Procedures for a Public Hearing. Second by Williams. Williams indicated that statesmanship can not be legislated. Diehm asked him what statesmanship means. Williams indicated listening to what others have to say. Diehm stated that Williams brought this document to Council, to get along, and now with pressure is questioning the document. Diehm stated that we have spent 45 minutes on seven simple rules - when we are committing to get along. She stated that one of the rules is not to laugh when sharing feelings. Williams apologized for laughing. Sal Dileo, North MiImeapolis resident, stated that this discussion was a waste of the community's time. Councilmembers should get down to business. Kelzenberg called for the question. Second by Diehm. Kelzenberg and Diehm retracted the motion and second so Mr. Sherolunan could speak. Sherolunan stated he was present and waiting patiently to discuss something positive for the City Council Minutes November 14,2005 Page 13 of 16 community, but this was not allowing for a citizen friendly meeting and was disappointing. Nawrocki stated his opposition to holding the Citizen Forum at the end of the meeting, which is not citizen friendly. Sherohman stated he would have no problem waiting until the end of the meeting for Citizen Forum if the meeting would have ended an hour ago. Peterson indicated that it was not fair to those that follow procedure to place items on the agenda to wait for Open Forum items like the tree issue that take 45 minutes. Peterson stated that these guidelines would hasten meetings and keep a smile on our faces. Residents are always welcome to come up and speak. Hoium, resident, suggested Councilmembers be present at 6:00 p.m. to hear resident concerns and then begin the televised meeting at 7:00 p.m. Upon vote of the grandstanding amendment: Kelzenberg, nay; Williams, aye; Diehm, nay; Nawrocki, aye; Peterson, nay. 3 nays - 2 ayes. Motion to amend failed. Kelzenberg called for the question. Second by Dielun. Upon vote: Kelzenberg, aye; Williams, nay; Dielun, aye; Nawrocki, nay; Peterson, aye. 3 ayes - 2 nays. Motion carried. Upon vote of the original motion: Kelzenberg, aye; Williams, nay; Diehm, aye; Nawrocki, nay; Peterson, aye. 3 ayes - 2 nays. Motion carried. 2) Adopt Elected Officials Out of State Travel Policy Fehst stated that as mentioned at a work session by Linda Magee, Assistant to the City Manager, a law was passed during this last legislative session requiring, by January 1, 2006, the governing body of each statutory or home rule charter city to develop a policy that controls travel outside the state of Minnesota for elected officials. This would cover when travel is appropriate, applicable expense limits and procedures for approval of the travel. The policy was taken from the League of MN Cities model. We do have a current policy for employees and Councilmembers. It basically states that requests brought be before the Council for training, networking, a meeting, operating in an official role, viewing a city facility or function, or bring back information to the City. If there are sufficient funds available, it would be approved. Diehm asked what was budgeted this year for out of state travel. Fehst stated he could get that information, but if necessary the Council contingency fund could be used. Nawrocki stated the policy does not go far enough and should apply to staff and travel outside the metro area, requiring Council approval. Hoeft stated this is a Legislative requirement. Fehst read the proposed policy. Motion by Dielun, second by Williams, to adopt the Elected Officials Out of State Travel Policy. Motion to amend by Nawrocki, that #5 of the Elected Officials Out-of-State Travel Policy include all staff traveling outside of the state. Second by Williams. Williams stated this is specific to elected officials. Hoeft stated this is to comply with a State mandate. City Council Minutes November 14,2005 Page 14 of 16 Upon vote: Kelzenberg, nay; Williams, nay; Diehm, nay; Nawrocki, aye; Peterson, nay. 4 ayes - 1 nay. Motion to amend failed. Upon vote of the original motion: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. All ayes. Motion carried. 3) Addition to agenda - Budget Nawrocki stated the need for additional time to discuss the budget, specifically items that were not covered entirely at the last budget work session. Diehm questioned what was on the next work session. Fehst stated it was the budget summary and these items could be discussed along with add backs to the budget. There should be a future work session to discuss future liquor operations. The Truth and Taxation meeting will be December 5th. Motion by Nawrocki to meet on Tuesday, November 29, at 7 p.m. to further cover budget items. Diehm stated she has a conflict on that date and would not be available. She suggested started at 5:30 on Monday, November 21. Nawrocki amended his motion to 5:30 p.m. on Monday, November 21. Second by Kelzenberg. Upon vote: All ayes. Motion carried. Nawrocki stated that the City newsletter does a disservice in not properly informing the public of the budget. He spoke of utility rates and increases, and home values. He encourage peopled to attend the Tmth in Taxation meeting on Monday, December 5th. Nawrocki questioned all City funds and where City money goes and requested to see this information during the budget process. ADMINISTRATIVE REPORTS Report of the City Manager . Reviewing the budget. . Discussion of $700,000 balance from last year, and possible application to redevelopment of Heritage Heights area. Nawrocki . Last year's balance should be used so there is no tax increase and residents should be returned funds they have been over charged. . Questioned why the home on Cleveland did not have an abatement hearing tonight. Hoeft gave the background of difficulty in locating the owner, which has been turned over to a title company. When the owner isfound and notified, a hearing will be held. . Looking for the letter to Xcel on our comments. Fehst stated he is trying to find the letter being referred to. Call the City Attorney in Minnetonka. . Asked for information to backup permit fee charges. Fehst indicated that the State was not going to require this information and asked for point of order of Council direction. He stated the fees are out of date and should be reviewed. Looking at the past fee setting process is a waste of time. Requested the information as an individual. Fehst stated there is no written documentation from that time. The Attorney said there were meetings held. Hoeft stated that he discusses fees with staff on a regular basis relative to our costs. We are comfortable that current fees do not exceed the time spent on them. Motion by Williams to review permit fees within the next year. Second by Kelzenberg. City Council Minutes November 14,2005 Page 15 of 16 Nawrocki indicated he wants to see how the fees were set. Upon vote: Kelzenberg, aye; Williams, aye; Dielm1, aye; Nawrocki, aye; Peterson, nay. 4 ayes- 1 nay. Motion carried. Peterson stated he voted against this because he believes it is a waste of staff time. . Asked for names of parties assessed for agreements without coming before Council. Received the addresses, but asked for the names. Fees strongly that we did not follow the proper procedure on these assessments. RepOli of the City Attomey - none CITIZENS FORUM Tom Sherohman, 4154 6th Street, and Board member of the Columbia Heights Public Library Foundation, stated there would be a Library Foundation fund raiser at the Columbia Heights Theater on Sunday, December 18th at 6:30 p.m., with a silent auction, showing the film White Christmas and featuring the Metropolitan Boys Choir. Sherohman requested interested parties to help organize a reunion of all past Columbia Heights graduates for April 30, 2006. There will be a "museum" set up in the senior center room from the old and new high schools. Hoium, resident, suggested a form for additions to the agenda. He listed several suggestions for improvements to our streets, Police Department, etc. COUNCIL CORNER Kelzenberg 10:50 . Commented on the positive referendum outcome. Williams . Invited everyone to the Holiday Kick Off Party- with pork shops, silent auction, raffle of a 4x4 A TV, entertainment, visit by the Vikings cheerleaders, Vem Gagne, and possibly Bud Grant. . Commented on the positive referendum outcome. . Group that traveled to our Sister City in Poland received national recognition in the Polish Joumal. . Excited to watch the development adjacent to Huset Park. . Pray for the peace and health of our citizens. Peterson . Encouraged everyone to attend the Holiday party. . Steve Antus is putting together a program with pictures and stories for Channel 15 of the trip to our Sister City in Lomianki in Poland. . Don't take life to seriously and do a random of kindness Diehm . It is exciting to see the development happening in the industrial area. Encouraged everyone to stop by and see it. . The Values First value for November is caring - compassion and kindness. . Wished everyone a happy Thanksgiving and holiday season. City Council Minutes November 14,2005 Page 16 of 16 Nawrocki . Concerned with city govermnent and if we are doing the job we are supposed to be doing. Referred to an article in Monday's newspaper of a CEO in St. Paul. Emphasized the need to work with our customers. Our product is service. ADJOURNMENT Peterson adjourned the meeting at 11 :05 p.m. ~-;: +. - 1m --:;/ LtA/U..c.<--,./ I Q \J~ Patricia Muscovitz, CMC Deputy City Clerk/COlillcil Secretary