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HomeMy WebLinkAboutJanuary 23, 2006 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JANUARY 23, 2006 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, January 23,2006 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Present: Mayor Peterson, Councilmember Williams, Councilmember Diehm, Councilmember Kelzenberg Peterson stated this is a sad night, as this is the last night Father Al Backmann will give the Council meeting invocation. Father Al is moving to Lindstrom where he will over see the building of a new church. Father Al Backmann, Immaculate Conception Catholic Church, gave the invocation. PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA - none PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS Proclamations Father Al Backmann Day - February 19,2006 Peterson indicated that Father Al did not want recognition before leaving, but we could not let him leave without proclaiming a day in his honor. Nawrocki commented on the tremendous duties he will assume with their growing congregation. Nawrocki agreed with the spirit of the proclamation in wishing him well. Father Al stated that leaving is bitter sweet, as he has enjoyed his time in this community. He stated he would miss the children and the school. Nawrocki referred to the excellent turn out at the spaghetti dinner fundraiser. Father Al indicated they served over 650 people at this community event. Peterson again expressed the deep appreciation of our community. Miscellaneous Peterson read a letter regarding our EMT's and their outstanding service and caring, written by a person with 18 years EMT service. Peterson stated this letter makes our City very proud. Peterson stated he received a call from a Fridley resident thanking our Library for their wonderful service. CONSENT AGENDA City Manager Walt Fehst took Councilmembers through the Consent Agenda items: City Council Minutes January 23, 2006 Page 2 of 15 1) Approve City Council Meeting Minutes for January 9,2006 regular City Council meeting Motion to approve the minutes of the January 9,2006 regular City Council meeting as presented. Nawrocki requested cOlTections to page 20 "committees at the State and Metro League", page 14 "have" (instead of gave) good people working for us, and regarding looking ahead at the budget, "we need to look ahead more than three years, because it will be more years than that before we get tax money to pay for services required in this area". 2) Establish Work Session meeting date for February 6,2006, beginning at 7:00 p.m. in Conference Room 1. Motion to establish a Work Session meeting date for February 6, 2006 beginning at 7:00 p.m. in Conference Room 1. Fehst stated work session items would include: Feasibility Report for the Prestemon athletic field lighting, rental property inspection process as per request, and single sort recycling pilot program. 3) Adopt Resolution No. 2006-14, being a Resolution supporting the Columbia Heights Peace Clock Motion: Move to waive the reading of Resolution No. 2006-14, there being ample copies available to the public. Motion: to adopt Resolution No. 2006-14, being a Resolution supporting the "Columbia Heights Peace Clock" Fehst stated this is accepting the clock as a city project where funds are raised through donations to the non-profit activity fund. Nawrocki commended the Mayor for his initiative and questioned the City's involvement. Fehst indicated the City would do copying and answer telephone calls, but would not spend any money. Nawrocki stated the City is donating paving blocks and questioned who would build the base. Peterson indicated that would be completed by volunteers. The clock company will install the clock, but it may require City assistance to hoist it into place. Nawrocki questioned clock maintenance and electricity costs. Peterson stated that any remaining funds would be used for such things. Kevin Hansen, Public Works Director, stated the power would be connected to the stoplights. RESOLUTION NO. 2006-14 BEING A RESOLUTION SUPPORTING THE "COLUMBIA HEIGHTS PEACE CLOCK" WHEREAS: The City recognizes the need to develop civic pride through citizen involvement and participation; and WHEREAS: Mayor Gary L. Peterson has begun a 50l.C.3 Corp Activity Fund accepting donations toward a Columbia Heights Peace Clock to be placed on the public right-of-way at the intersection of Central Avenue and 40th A venue, and WHEREAS: Donors may receive their name engraved on a brick in the courtyard or on a plaque; and WHEREAS: A time capsule, with the message of peace, would be buried at the base of the clock with the intent to be opened on the 150th Anniversary of our City in 2048; and WHEREAS: The intent is to dedicate the Peace Clock to the City of Columbia Heights at the Jamboree on June 23,2006. NOW, THEREFORE, BE IT RESOLVED, that the Columbia Heights City Council recognizes and supports the necessary direct and indirect City involvement toward the dedication of the "Columbia Heights Peace Clock". City Council Minutes January 23, 2006 Page 3 of 15 4) Reappoint Pat Jindra to the Economic Development Authority with the term to expire on January 6,2012. Motion: to reappoint Pat Jindra to the Economic Development Authority with the term to expire on January 6,2012. 5) Approve raffle for Little Voyageurs Montessori School, St. Timothy's Lutheran Church Motion to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a raffle event to be conducted at St. Timothy's Lutheran Church, 825 51st Avenue, Columbia Heights, on May 2, 2006; and furthennore, that the City of Columbia Heights hereby waives the remainder ofthe thirty-day notice to the local governing body. 6) Adopt Resolution 2006-13, being a Resolution regarding the Labor Agreement between the City of Columbia Heights and Law Enforcement Labor Services, Local 311, for calendar years 2006 and 2007. Removed 7) Approve stipulation of settlement with Kremer/Davis Inc. for 3900 Jefferson Street. Motion to approve the stipulation of settlement that authorizes the City of Columbia Heights to pay Kremer and Davis, Inc. $260,000 for the above described property plus interest on the portion of that amount which remains unpaid. This stipulation of settlement shall be funded with Community Development Block Grant or Minnesota State Aid Road funds. Fehst stated this did not go to eminent domain and the CD Block Grant would pay the major portion with the remaining $13,292 funded from additional CD Block Grant funds or MN State Aid. Williams stated that we did not have to use eminent domain before this. Fehst stated it was used prior to this for small easements and one other property is pending. 8) Authorization to seek bids for 2006 sanitary sewer pipe lining proiect. Motion to authorize staff to seek bids for the 2006 Sanitary Sewer Pipe Lining Project for the pipe segments identified herein. 9) Adopt Resolution 2006-15, being a Resolution accepting the feasibility report for Zone 1A Street Seal Coating and Ordering the Public Improvement Hearing. Motion to waive the reading of Resolution 2006-15, there being ample copies available for the public. Motion to adopt Resolution No. 2006-15, being a Resolution accepting the Feasibility Report for Zone lA, City Project 0601, and calling for the Public Improvement Hearing beginning at 6:00 p.m. on March 6, 2006. Nawrocki stated he would not be available for the March 6th hearings and wants to hear resident questions and concerns and that more work is proposed than necessary. Some residents could be assessed $5,000 to $6,000 if water system work is required. Hansen stated at the infonnational hearing is tentatively set for February 16th in the Council Chambers. RESOLUTION NO. 2006-15 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR ZONE lA STREET SEAL COATING AND ORDERING THE PUBLIC IMPROVEMENT HEARING CITY PROJECT - NO. 0601 WHEREAS, the City Council has adopted a Street Rehabilitation Program which divides the City into seven zones, and City Council Minutes January 23, 2006 Page 4 of 15 WHEREAS, pursuant to Resolution No. 2006-15, a report has been prepared by the Director of Public Works with reference to the Zone 1A Street Seal Coating Program, and WHEREAS, Zone 1A is bounded by Central Avenue to Reservoir Blvd., from 37th Avenue to 45th Avenue. WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost effective, and Said report is hereby received by the City Council of Columbia Heights on January 23, 2006. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $63,670. 2. A public hearing shall be held on such proposed improvement on the 6th day of March, 2006, in the City Council Chambers at 590 40th Avenue N.E. at 6:00 P.M. and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. 10) Adopt Resolution 2006-16, being a Resolution, accepting the feasibility report for the Cleaning and Lining of3,200 Lineal feet of Water Main under the Minneapolis 2006 Program and Ordering the Public Improvement. Motion to waive the reading of Resolution 2006-16, there being ample copies available for the public. Motion to adopt Resolution 2006-16, being a Resolution which accepts the Feasibility Report for the 2006 Water Main Cleaning and Lining Program and orders the Public Improvement for water main cleaning and lining of pipe totaling 3,200 lineal feet, under the City of Minneapolis water main cleaning and lining program for 2006. RESOLUTION NO. 2006-16 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR THE 2006 WATER MAIN CLEANING AND LINING PROGRAM AND ORDERING THE PUBLIC IMPROVEMENTS CITY PROJECT - NO. 0603 WHEREAS, the City Council has initiated a water main cleaning and lining program under the City of Minneapolis' annual cleaning and lining program. WHEREAS, a report has been prepared by the Director of Public Works with reference to the 2006 Water Main Cleaning and Lining Program, and WHEREAS, the 2006 Water Main Cleaning and Lining Program includes the following main segments: Madison from 48th to 515t Avenues, 48th Avenue from Jefferson Street to Monroe Street and Monroe from 48th to 49th Avenues WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost effective, and Said report is hereby received by the City Council of Columbia Heights on January 23,2006. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The Council will consider the improvement of such water mains in accordance with the report and the assessment of water services to abutting or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $130,000. 2. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 3. Such improvement is hereby ordered as proposed in the Council Resolution adopted 23rd of January, 2006, 4. These improvements shall also be known as Project No. 0603 5. The City Engineer, Kevin Hansen, is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 11) Adopt Resolution 2006-12, being a Resolution accepting the Feasibility Report for Zone 7B and lA Street Rehabilitation and ordering the Public Improvement Hearing. City Council Minutes January 23, 2006 Page 5 of 15 Motion to waive the reading of Resolution 2006-12, there being ample copies available for the public. Motion to adopt Resolution 2006-12, being a Resolution accepting the Feasibility Report for Zone 7B and lA Street Rehabilitation, City Project No. 0502, and calling for the Public Improvement Hearing beginning at 6:30 p.m. on March 6, 2006. RESOLUTION NO. 2006-12 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR ZONE 7B AND IA STREET REHABILITATION AND ORDERING THE PUBLIC IMPROVEMENT HEARING CITY PROJECT - NO. 0502 WHEREAS, the City Council has adopted a Street Rehabilitation Program which divides the City into seven zones, and WHEREAS, pursuant to Resolution No. 2006-12, a report has been prepared by the Director of Public Works with reference to the Zone 7B and IA area of the Street Rehabilitation Program, and WHEREAS, Zone 7B is bounded by California Street to University Avenue, from 3ih Avenue to 45th Avenue. WHEREAS, Zone IA is bounded by Central Avenue to Reservoir Blvd., from 37th Avenue to 45th Avenue. WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost effective, and Said report is hereby received by the City Council of Columbia Heights on January 23, 2006. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA I. The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of$1,103,105. 2. A public hearing shall be held on such proposed improvement on the 6th day of March, 2006, in the City Council Chambers at 590 40th Avenue N.E. at 6:30 P.M. and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. 12) Approve Business License Applications Motion to approve the items as listed on the business license agenda for January 23,2006 as presented. Nawrocki questioned ifthe tobacco license request has a license now. Fehst stated that the business does, but there is a new owner. 13) Approve Payment of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 115611 through 115814 in the amount of$I,419,849.00. Peterson asked the City Attorney, ifhe and Councilmember Williams, as members on 501C3, could vote on the City support ofthe clock project. Jim Hoeft, City Attorney, stated that as they would not receive remuneration, they would be allowed to vote. Motion by Williams, second by Kelzenberg, to approve the Consent Agenda items, with the exception of #6. Diehm questioned if COlmnents at the Public Improvement Hearing could be video taped. Nawrocki stated that would be at a special Council meeting and he would be present. Hansen stated the informational meeting usually has 40 to 60 people and the actual hearing nonnally has less than 10 people. Upon vote: All ayes. Motion carried. City Council Minutes January 23,2006 Page 6 of 15 6) Adopt Resolution 2006-13, being a Resolution regarding the Labor Agreement between the City of Columbia Heights and Law Enforcement Labor Services, Local 311, for calendar years 2006 and 2007. Nawrocki stated that complete infonnation was not received on salaries, salary adjustments, and comparable salaries in other metropolitan areas. This should be deferred to a work session. Linda Magee, Assistant to the City Manager/Human Resources Director, stated that contract changes are consistent with Council discussion regarding collective bargaining, which occurred t two executive sessions, and with other communities for this period of time. The bargaining unit did vote to accept the city's proposal. Money has been budgeted for this. Nawrocki indicated that Council should have better information before they are asked to vote on this agreement. Diehm stated this was discussed at length in an executive session, and direction was given. This recommendation is within those parameters. Nawrocki stated that if a person did not take dependant health insurance coverage they could use it for other purposes. Last year there was an increase approved for family health coverage above the negotiated amount. Magee stated that the use of remaining funds differs by bargaining unit. In this group, those with single coverage cannot use the remaining funds for anything else. Nawrocki asked if there is a Stanton Report or information to substantiate the salary increases through comparison and requested copies. Magee stated she would provide this, but as far as police officer compensation, we are lagging behind other communities. Motion by Nawrocki to table the Law Enforcement Labor Services labor agreement to a work session so additional information can be obtained relative to the recommended changes. Peterson called for a second. Motion died for lack of a second. Nawrocki stated it is regrettable that Council is not being given better information on salaries, adjustments, and comparable salaries in the metropolitan area. Peterson questioned the purpose of the request for additional infonnation and if our salaries lag behind other department, are we prepared to then catch up? He stated he was comfortable with the recOlmnendation. Diehm stated this was discussed at length with staff and they were given parameters. She is comfortable with this resolution. Williams indicated this agreement has already been negotiated, Council has discussed this, and it is important to approve this now to show our officers that we support them. Motion by Diehm, second by Williams, to waive the reading of Resolution No. 2006-13, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution 2006-13, being a Resolution regarding the Labor Agreement between the City of Columbia Heights and Law Enforcement Labor Services, Local 311, for calendar years 2006 and 2007. Williams indicated this constitutes a three percent salary increase and an additional $70 for health insurance coverage. Nawrocki stated that insurance costs did go down this year. City Council Minutes January 23, 2006 Page 7 of 15 Upon vote: All ayes. Motion carried. RESOLUTION 2006-13 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND LAW ENFORCEMENT LABOR SERVICES, LOCAL 311, POLICE OFFICERS WHEREAS, negotiations have proceeded between Law Enforcement Labor Services, Local 311, representing Police Officers of the City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 2006 and 2007. WHEREAS, a copy of said contract is available for inspection at the Office of the City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2006 and 2007 for Law Enforcement Labor Services, Local 311, Police Officers, bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Nawrocki stated comments on bills: we should get bids from local tax paying caterers for our events; a hoist was purchased for Public Works for $14,000 and bids should have been taken; we purchased five color copy machines without fonnal bids, which should have received Council approval. Fehst stated the equipment was offthe State contract and quotes were received for the copiers. He stated that we work with the local caterer on many occasions. Elrite explained the process used to purchase the copiers and the reasons for purchasing them now. Six quotes were received, three products were reviewed and the sale was awarded to the lowest quote. PUBLIC HEARINGS A) Close Revocation Hearing for 1215 3 ih Avenue Peterson closed the public hearing regarding the revocation or suspension ofthe rental license held by Bryan Buch regarding rental property at 1215 3 ih Avenue NE in that the owner has corrected the violations. B) Adopt Resolution No. 2006-19, being a Resolution for Rental Housing License Revocation at 4349 ih St. Chief Gorman stated the owner failed to submit a license application and schedule an inspection. Motion by Williams, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2006-19, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution No. 2006-19, being a 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 Ifa Umar regarding rental property at 4349 ih Street NE. Upon vote: All ayes. Motion carried. RESOLUTION 2006-19 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 Ifa Vmar (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4349 ih 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 January 10, 2006 of an public hearing to be held on January 23, 2006. City Council Minutes January 23, 2006 Page 8 of]5 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 November 30, 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 January 10,2006, 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 rental license 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 U4349 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. C) Adopt Resolution No. 2006-17, being a Resolution for Rental Housing License Revocation at 4639-41 Washington Street Chief Gorman stated the owner had scheduled an inspection on January 3, but did not submit the paper work. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-17, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-17, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Aliicle IV, Section 5AA08(A) of the rental license held by Twani Traynor regarding rental property at 4639-41 Washington Street NE. Upon vote: All ayes. Motion carried. RESOLUTION 2006-17 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 Tawni Traynor (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4639-41 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 December 22, 2005 of an public hearing to be held on January 23,2006. 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 December 7, 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 December 22, 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 City Council Minutes January 23, 2006 Page 9 of 15 Residential Maintenance Code were found to exist, to-wit: 4. Failure to correct violations of the residential maintenance code: Failure to submit a rental license application. S. 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 U4641 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. D) Adopt Resolution No. 2006-18, being a Resolution to declare a nuisance and approve abatement at 4232 Sth Street Assistant Chief John Larkin stated this property was up for abatement last fall and has had other problems in the past. In December staff noticed that outdoor storage was just moved to another area ofthe property. Nawrocki questioned entering the property. Larkin indicated staff can not enter the property without permission, however properties can be viewed from a concerned neighbor's yard. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-18, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-18, being a Resolution of the City Council of the City of Columbia Heights declaring the property at 4232 Sth Street NE a nuisance and approving the abatement of violations from the property pursuant to Columbia Heights City Code, Chapter 8, Article II, Section 8.206. Upon vote: All ayes. Motion carried. Nawrocki indicated that while viewing the properties he found vehicles without a current license. He stated that staff should make a list of the vehicles for enforcement purposes. Gonnan stated the inability to do this, as it is a time issue and falls under the area of the Police Department. With 600 commercial inspections and residential inspections each year, time only allows additional inspections upon complaint or blatant violations. Gorman stated that priorities would be discussed at a future work session. RESOLUTION 2006-18 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 Alan Wiggins (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4232 5th 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 December 1, 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 December 1, 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. 2. That on January 3, 2006, inspectors reinspected the property and found that one violation remained uncorrected. City Council Minutes January 23, 2006 Page 10 of15 3. That based upon said records of the Fire Department, the following conditions and violations of City Ordinance(s) were found to exist, to-wit: A. 1...Shall remove a1l/any outside storage from the property. Shall store in shed or garage. Items include, BUT NOT LIMITED TO; THROUGHOUT THE YARD, MOSTLY BETWEEN THE GARAGE AND HOUSE. B. Shall remove a1l/any buckets in the yard/on the property C. Shall remove all/any milk crates in the yard/on the property D. Shall remove a1l/any tables in the yard/on the property E. Shall remove a1l/any lawn maintenance in the yard/on the property F. Shall remove all/any plywood in the yard/on the property G. Shall remove all/any pumps/pump parts in the yard/on the property 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 4232 5th Street 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 4232 5th 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 E) Issue rental housing License for 3726 3rd Street Motion by Williams, second by Kelzenberg, to issue a rental-housing license to TJ Holdings LLC to operate the rental property located at 3726 3rd Street NE in that the provisions of the residential maintenance code have been complied with. Upon vote: All ayes. Motion carried. F) Issue rental housing License for 212-214 42nd Avenue Motion by Williams, second by Kelzenberg, to issue a rental-housing license to Asad Khan to operate the rental property located at 212-214 42nd Avenue NE in that the provisions of the residential maintenance code have been complied with. Upon vote: All ayes. Motion carried. Williams indicated that nothing appears to be happening at the house on Cleveland and Council was told work would start immediately. Hoeft suggested he speak to the Building Official. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions 1) Second reading of Ordinance No. 1500, vacating a portion of Lookout Place Nawrocki stated that a Council meeting has not been established for March 6. He will not be present at the March 13 th Council meeting or March 6th and would like to be present for this hearing. This group keeps requesting more things and we should see if they are serious about moving ahead and if they will abide by the agreements they have made. Peterson stated this item is being tabled. The land has a lot of problems and the developer is acting in good faith. Nawrocki asked that this hearing be held at the second Council meeting in March. City Council Minutes January 23, 2006 Page 11 of 15 Peterson stated that the general requirements are mechanical and if not met could be continued. There will be additional discussion at the Economic Development Authority (EDA) meeting tomorrow night. Williams ifthey delay this vacation, why wouldn't we delay the next item for vacation. Hoeft indicated this ordinance is relative to the adjacent property owner's access and would not be necessary if the development does not go through, however the next ordinance would benefit any development. Motion by Williams, second by Diehm, to table the second reading of Ordinance No. 1500, vacating a portion of Lookout Place, to Monday, March 27,2006, at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. 2) Second reading of Ordinance No. 1504, vacating a portion of the University Avenue Frontage Road. Motion by Kelzenberg, second by Williams, to waive the reading of Ordinance No. 1504, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, by Williams, to adopt Ordinance No. 1504, being an Ordinance vacating a portion of the University Avenue Frontage Road. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. ORDINANCE NO. 1504 BEING AN ORDINANCE VACATING A PORTION OF THE UNIVERSITY AVENUE FRONTAGE ROAD The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights hereby vacates a portion of the public street over, across, and under the following described property, to wit: That past of University Avenue (Trunk Highway No.4 7) lying North of the westerly extension of the south line of Block 90, COLUMBIA HEIGHTS ANNEX TO MINNEAPOLIS, Anoka County, Minnesota, South of the south line of 40th Avenue N.E. and East of the following described line: Beginning at the southwest comer of said Block 90; thence South 89 degrees 56 minutes 00 seconds West, assumed bearing, along the westerly extension of the south line of said Block 90 a distance of 32.00 feet; thence North 00 degrees 41 minutes 54 seconds West, a distance of 440.00 feet; thence North 00 degrees 59 minutes 24 seconds West, a distance of 585.00 feet; thence North 02 degrees 21 minutes 12 seconds West, a distance of 870.58 feet, more or less, to the south line of said 40th Avenue N.E. and there terminating. Section 2: The vacation of the right-of-way described above shall be subject to the following condition: The east 30.00 feet of University Avenue Northeast lying northerly of the northerly right-of-way line of 3ih Avenue, and lying southerly of the westerly extension of the northerly line of Lot 5, Block 90, Columbia Heights Annex to Minneapolis, according to the recorded plat. Section 3: This ordinance shall be in full force and effect from and after 30 days after its passage. Other Business Nawrocki indicated that a car lot moratorium was to be discussed tonight. Fehst referred to the memo distributed to Council recommending this go back to the Planning and Zoning COlmnission (P&Z). Fehst stated that discussion indicated new and used car dealerships on Central Avenue could be required to be housed inside a building. City Council Minutes January 23, 2006 Page 12 of 15 Peterson stated that vehicles, whether antique or collectors, placed within a building that meets our design guidelines would not be an eyesore. F ehst stated the intent is to consider a conditional use pennit (CUP) for any dealership. Concerns include property screening. Fehst referred to the property on 51 st and relative issues. Nawrocki indicated that conditions placed on the Auto World lot is a step forward and should be carried through to other car lots. We should not distinguish between any lot in our community, whether on Central or University avenues. Fehst stated that a CUP would allow review ofthe property each year. Nawrocki indicated the desire to move ahead on this ordinance prior to the February 28th expiration of the moratorium. Hoeft indicated the code would remain status quo ifnot acted on by the 28th. The moratorium was to allow staff to study this, which is still in process. The only deadline would be self-imposed. Council would review conditional uses on an annual basis. The property on 51 st is a pennitted use and will stay that way unless the ordinance is changed. Fehst stated concerns are for adequate circulation, parking of workers, and maintenance of the site. Hoeft stated that court proceedings covered inadequate off street parking. Fehst requested a motion that would require a conditional use permit for the sale of used or new cars in the city. Nawrocki indicated there should be a first reading of the ordinance to complete this by the end of the moratorium. Diehm indicated that an ordinance requires a first and second reading and 30 days prior to passage. There would still be a gap. Hoeft stated that a special meeting could be held with a three day notice for the second reading and be in effect 30 days following passage. Diehm asked if this could be addressed without being on the posted agenda. Hoeft stated it could be added to the agenda. Hoeft stated the second reading could evidence changes in ordinance fonn. Peterson questioned if this would require a conditional use pennit in all zones, could enclosed buildings still be a condition. Hoeft stated there would be different concerns in different areas, such as a neighborhood versus Central Avenue. Fehst suggested conditional use requirements in areas where lots are pennitted now, include controls on screening. The prospect of new or antique car sales indoors could be addressed later. Hoeft stated this is a stopgap measure and Council may request that the P &Z look at this again. Motion by Nawrocki, second by Kelzenberg, to add to this agenda, under Other business, 7C, the first reading of an ordinance with modifications for new and used car sales in Columbia Heights, Upon vote: All ayes. Motion carried. Hoeft stated that the first reading would modify the current Columbia Heights Zoning Code to require a conditional use permit for the sale of any new and used cars where it currently is a permitted use. Williams asked the City Attorney ifhe should abstain from the vote for reasons of conflict. Hoeft indicated yes. Diehm questioned being unable to waive the reading of the ordinance, asked that the ordinance be given a number, and what part of the code it would modify. Hoeft stated that ordinance numbers are City Council Minutes January 23, 2006 Page 13 of 15 sequential and the discussion is clear for the audience as to the purpose of the ordinance. Diehm questioned if this is acceptable even though we have not established what those conditions would be. Hoeft stated they would be on an ad hoc basis on each request. Specific conditions can be created at a later date. Diehm suggested setting a special Council meeting for Monday, January 30,2006 at 6:30 p.m. Motion by Nawrocki, second by Kelzenberg, to approve the first reading of an Ordinance to modification the Columbia Heights Zoning Code, requiring a Conditional Use Permit for any new or used car sales in any district where it is currently a pennitted use. Friendly amendment by Nawrocki, second by Kelzenberg, to schedule the second reading of the ordinance for 6:30 p.m. on Monday, January 30,2006 in the City Council chambers. Upon vote: Kelzenberg, aye; Williams, abstain; Diehm, aye; Nawrocki, aye; Peterson, aye. 4 ayes- 1 abstention. Motion carried. ADMINISTRATIVE REPORTS Report of the City Manager . Corporal Ted Fischer was promoted to Sargent . Officer Dale Sorenson was promoted to Corporal . Officer Matt Markham was promoted to Investigator position . Officer Matt Aish was promoted to Investigator position . Officer Steve Korts was promoted to the Drug Task Force . Officer Jerry Wellman will step into the COlmnunity Service Officer position. Nawrocki stated he has requested financial information on the industrial area development. The response did not address expenses. F ehst suggested Councilmember Nawrocki schedule a time to meet with Mr. Streetar, Mr. Elrite, Mr. Schumacher, and himselfto discuss this. Nawrocki stated he believed there would be a resolution on this agenda to accept the Boosters $30,000 donation. Nawrocki spoke of continued problems receiving the Sun Focus newspaper. Williams stated there would be ajoint Council/School Board work session on Monday, January 30 at 7:00 p.m. in the Council Chambers. Report of the City Attorney - none CITIZENS FORUM Brian Olsen, 1592 Roselawn, Falcon Heights, complimented the City on their web site for having agenda packets and minutes; with meeting minutes going back 80 to 90 years. He stated concern that the download software was not compatible with his Mac computer. He agreed that local newspaper delivery is erratic. The law has been changed, not requiring delivery door to door. Copies are only required to be available in the cOlmnunity. Olsen stated that placing legal notices on the City web site should be sufficient. Not everyone has web access, but not everyone is getting the paper either. Nawrocki stated that the rules have changed on legal publications. Prior they had to be printed weekly. Twice a month publications are now allowed. The Northeaster newspaper covers our area every two weeks, and they send the newspaper through the mail. City Council Minutes January 23, 2006 Page 14 of 15 COUNCIL CORNER Willia.ms . Read a letter from Mark Hinrichs - encouraged about the roundabout. We will work to change the names of signs and streets to recognize others. Hinrichs offered to assist raising donations for the replacement of the LaBelle plaque. Peterson stated this would be done when ordering the clock plaque. To answer Hinrich's question he read the sump pump program statistics. . Hennepin County Traffic Advisory Commission announced Corporal Bonesteel's selection as Traffic Officer of the Year. . Rock Around the Clock fundraiser for the Peace Clock on St. Patrick's Day at Murzyn Hall- sponsored by the Columbia Heights Community Fund. . Referred to a fundraising event attended in Arizona. . Continue to have peace, prosperity, and health. Kelzenberg . Read Police Department incidents from the Green Sheet. Our people go the extra mile. Congratulations to Corporal Bonesteel. Chief Johnson has been appointed Chair ofthe Radio Committee. Nawrocki . Funeral service for Margaret Hoch - she was very active, in the past, in our community. Her son, Larry Hoch was elected to the State Legislature. Heard that Dr. William Ashford, a past Chiropractor in Columbia Heights passed away. He had served on the Planning and Zoning Commission. . SRA - topic of discussion, new rate filings by Xcel. SRA will cover consumer and City interests. New State regulation for cities to be responsible to locate utility lines. SRA working with the League ofMN Cities and MN Public Engineers on how to best comply with State regulations. . Green sheet article regarding drug house where neighbors reported suspicious activity. When you see suspicious activity, call the police. . NorthStar Corridor meeting this week in Coon Rapids, with a presentation on the system station in Fridley. . There should be additional discussion on the Huset area street names. Peterson stated there are others in the community that deserve to be recognized and encouraged residents to contact council members with names. . Listed items from the State League Legislative conference with an opportunity to meet your Legislators. The cost is $80 and is on March 30. . Picked up a sign code handout at the Rosedale City Hall and asked that it be compared to our sign code. Diehm . Advanced Auto Parts opened last Thursday and will hold a grand opening in the future. . Invited everyone to attend the joint School Board/City Council meeting next Monday. This will be a renewed commitment to work together. . Listed the SACA food shelf numbers for December. Encouraged residents to attend their fundraising spaghetti and empty bowls dinners. City Council Minutes January 23, 2006 Page 15 of 15 Nawrocki Referred to an email from a resident on the stadium and re-raising of sales tax to pay for it. The County is trying to get legislation that would not require a public vote. Peterson . Listed upcoming fundraisers, which are all good causes, and asked residents to support them: o February 11 - Tri City Hockey at Murzyn Hall o February 17 - Lions Sweetheart Dance at Murzyn Hall o First weekend in March - Ambassador Program fundraiser for SACA o March 17 - St. Patrick's Day - Rock Around the Clock for the Peace Clock o April 26 - Annual Prayer Breakfast o Don't take ourselves too seriously - do a random act of kindness. ADJOURNMENT Peterson adjourned the meeting at 9:47 p.m. (1 .. 'f'\f\ 0' //1~ \ I \0JV<--S--I;~, ( Patricia Muscovitz, CMC ~/ Deputy City Clerk/Council Secretary