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HomeMy WebLinkAboutJune 12, 2006 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL JUNE 12, 2006 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, June 12, 2006 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Rev. Janice Bomhoft, First Lutheran Church gave the invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson invited everyone to attend the Peace Clock dedication on June 23rd at 1 :00 p.m. The clock tower will be installed tomorrow. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS Presentations 1) Humanitarians of the Year - Jerry Finney and Joan Finney (posthumously) Mayor Peterson announced the 2006 Humanitarians ofthe Year - Jerry and Joan Finney. Sadly, Joan passed away before she could receive this award. He read a biography of their contributions to our community, which included their work with Habitat for Humanity, Meals on Wheels, as foster parents, active in their church, bicycle fundraisers, knitted caps for hospitals, Boundary Waters trips for youth groups and active at Crestview while living there. They helped to build homes in Jamaica and Tennessee. Mayor Peterson presented Mr. Finney with the 2006 Humanitarians of the Year plaque. Their son spoke on their behalf to thank everyone. 2) Outstanding Recycling Award - Jim Kordiak County Commission Jim Kordiak presented the City Council with the County Recycling Award. He read the award, which included Columbia Heights recycling activities. He indicated that Columbia Heights has met its recycling goals since the beginning of the program in 1988. He congratulated the City on their efforts and the success of this program. Kordiak referred to the upcoming retirement of Jean Kuehn and her contribution to the recycling program. Jean Kuehn, Special Project Coordinator, gave credit to the citizens of the community for their contribution to this program. Nawrocki indicated that Joe Orendorff was in the audience and he was on the City Council at the time this program was started. 3) Traffic Commission - Kenneth Stumpf Mayor Peterson thanked Mr. Kenneth Stumpf for his service on the Traffic Commission. He has now moved out of the community. Mr. Stumpf was not present to receive his gift. Recognition Nawrocki presented a check for $1,000 to the City, on behaif ofVFW Post #230, for the Jamboree Fireworks. Peterson thanked Post #230 for their continuing support of the celebration. CONSENT AGENDA Walt Fehst, City Manager, took Councilmember through the Consent Agenda items: 1) Approve City Council Meeting Minutes for May 22, 2006 regular City Council meeting and June 5, City Council Minutes June 12,2006 Page 2 of 23 2006 Public Improvement Hearing a) Motion to approve the minutes of the May 22, 2006 regular City Council meeting as presented. b) Motion to approve the minutes of the June 5, 2006 Public Improvement Hearing. 2) Accept Boards and Commissions Meeting Minutes a) Motion to accept the minutes of the March 28,2006 Economic Development Authority meeting. b) Motion to accept the minutes of the June 6, 2006 Planning and Zoning Commission meeting. 3) Establish Work Session meeting date for Monday, June 19,2006, beginning at 7:00 p.m. in Conference Room 1. - Removed 4) Adopt Resolution No. 2006-65, being a Resolution authorizing the Automark in all Precincts. - Removed 5) 2005 Comprehensive Annual Financial Report and Independent Auditors Report acknowledgement and scheduling of meeting with the Auditor. - Removed 6) Approve the items listed for rental housing license applications for June 12, 2006 Motion to approve the items listed for rental housing license applications for June 12, 2006. 7) Approve Business License Applications - Removed 8) Approve Payment of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 117297 through 117511 in the amount of $591 ,229.11. Motion by Williams, second by Kelzenberg, to approve the Consent Agenda items, except items #3,4,5,7. Upon vote: All ayes. Motion carried. 3) Establish Work Session meeting date for Monday, June 19,2006, beginning at 7:00 p.m. in Conference Room 1. Nawrocki indicated that it was agreed in the past to not hold meetings on third Monday of the month. Kelzenberg stated his understanding that was when there are five Mondays in the month and that 7:00 a.m. meeting caused him to miss four hours of work. Diehm indicated that the EDA meeting of June 20 would be cancelled and suggested holding the work session on that Tuesday night. Peterson stated this would be contingent on the cancellation of the EDA meeting. Fehst listed the items to be discussed at the work session: 1. SEH rate study update, 2. University Service Road discussion (roadway and fencing), 3. Professional services agreement with Bolten and Menk for construction inspection services, 4. Single Sort Recycling, 5. Proposal for summer Fire Department inspection hours, 6. School District use of daycare room at Murzyn Hall. Diehm corrected herself, stating that the EDA meeting was scheduled for June 2ih, not the 20th or the day after the Council meeting. Peterson asked Fehst if that date would be acceptable. Fehst indicated it would work, if so requested. Motion by Diehm, second by Kelzenberg, to establish a City Council Work Session for Tuesday, June 27,2006 beginning at 7:00 p.m. in Conference Room 1. Upon vote: All ayes. Motion carried. 4) Adopt Resolution No. 2006-65, being a Resolution authorizing the Automark in all Precincts. Nawrocki indicated that the public should be informed on what the Automark is. Deputy City Clerk Patty Muscovitz described the Automark as a ballot marking machine for disabled voters. Acquiring City Council Minutes June 12, 2006 Page 3 of 23 these machines was under the Federal HA V A mandate for 2006, and they were purchased with Federal grant funds. There will be a machine available at City Hall for viewing 60 days prior to the election and one machine in each precinct during the elections. These machines mark the ballot and then the ballot is put into the Accuvote tabulating machine like everyone else's ballots. Motion by Nawrocki, second by Williams, to waive the reading of Resolution No. 2006-65, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2006-65, being a Resolution authorizing the Automark in all Precincts. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2006-65 BEING A RESOLUTION AUTHORIZING THE AUTOMARK IN ALL PRECINCTS WHEREAS, the Federal government passed the Help America Vote Act in 2002 that requires the voting method in every polling place to include a voting system that is accessible for individuals with disabilities in a manner that provides the same opportunity for access and participation and to vote privately and independently; and WHEREAS, one voting system, the ES&S Automark has been identified and certified by the Minnesota Secretary of State's office to meet the requirements of the Help America Vote Act. WHEREAS, the ES&S Automark will be used in addition to the existing optical scan voting system. WHEREAS, federal grant funds were available to cover the capital purchase of the Automark and will not require additional funds in 2006. NOW, THEREFORE, BE IT RESOLVED that the City Council of Columbia Heights hereby authorizes the use of the ES&S Automark in each polling place for elections held after this date. 5) 2005 Comprehensive Annual Financial Report and Independent Auditors Report acknowledgement and scheduling of meeting with the Auditor. Nawrocki indicated this date is also a third Monday. He took exception that the City Manager would limit the Auditor's discussion to 30 minutes and to limit Council discussion. He defied anyone to comprehend the audit in 30 minutes. He stated that holding questions until the end of the presentation is ludicrous. Fehst stated that the beginning would be a short presentation to give the basics, therefore allowing all questions to be answered. Nawrocki suggested this meeting be the first Monday in July. Fehst stated he would not be available. Peterson stated that he would not be available, but it could be held without him. Diehm asked if Councilmember Nawrocki would be willing to meet with the Auditor prior to a Council meeting. Nawrocki stated there are other days to meet, such as Saturdays or he felt the early morning meeting worked well and he did not hear any problems with it at the time. Diehm stated that as Mr. Nawrocki would have the most questions for the Auditor, we should try to accommodate him. Diehm stated that she was unavailable the first and third Tuesdays of the month. Peterson stated that he was fine with the 1 ih. Williams stated that he was fine with any date that worked for Mr. Nawrocki. Nawrocki stated that he; the Manager, the Mayor and Mr. Williams all have a meeting on the third Monday. Diehm questioned if Council was not meeting on the first Monday of July? Nawrocki stated that he plans on the first Monday for meetings, and city hall is open July 3rd. Peterson stated that the Auditor is unavailable July 3rd. Nawrocki suggested July 5 or 6. Pehst stated that the attempt to hold meetings in the mornings was because Councilmembers have many other commitments. Kelzenberg stated that it was decided when there were five Mondays in a month we would hold the meeting on the fifth Monday. Peterson stated that he would not be available July 5th or 6th. City Council Minutes June 12, 2006 Page 4 of 23 Diehm suggested speaking to the Auditor for a date he is available and discuss it at the next Council meeting. Nawrocki suggested Wednesday, the 1ih. Fehst suggested meeting prior to a Council meeting. Nawrocki suggested July 1ih or July 13th. Diehm suggested getting available dates from the Auditor. Nawrocki suggested Wednesday, July 19th or Thursday, July 20th. Kelzenberg asked if this discussion gives credence to not adding two more councilmembers. Peterson suggested Monday the 10th. Fehst stated that staff would check with the Auditor for available dates. 7) Approve Business License Applications Nawrocki stated that one license is for fireworks sales and we can do without another one ofthem. Motion by Nawrocki to approve the business licenses without the fireworks license at 2301 3ih. No second was received. Peterson asked the City Attorney, Jim Hoeft, ifthere was justification to not approve this license. Fehst stated there are four other licenses that have already been approved. Nawrocki asked if this reduces the parking for the shopping center. Fehst stated as other licenses have been approved, we would have no justification to deny it. Motion by Kelzenberg second by Diehm, to approve the items as listed on the business license agenda for June 12,2006 as presented. Motion to amend by Nawrocki to remove the 2301 3ih business license. Diehm stated that our Police and Fire departments have reviewed the license application. Peterson called for second to the motion to amend. A second was not received. Upon vote ofthe original motion: All ayes. Motion carried. PUBLIC HEARINGS A) First reading of Ordinance No. 1509 being an Ordinance pertaining to Chapter 2, Section 7 of the City Charter, "Form of Government". Mike Hartel, President of the Columbia Heights Charter Commission, stated this ordinance is a change to the City Charter implementing four Wards represented by four Ward Members and two City Councilmembers at large. He stated that each Ward would be represented by a member that lived in their ward. Ward boundaries would be established by the City Council. The two additional Councilmembers would be elected in the 2008 cycle and the two At Large Councilmembers would be elected in 2010. Williams referred to the Prestemon Park lighting issue, indicating that in something like this Wards would create more division than unity in our city. The proposed change would cost the city more money. He stated it is important for the person to go out and earn their vote. Hartel stated it would cost $33,118 for two more councilmemberse Hartel stated he \vould not anticipate division in the city; the debate \vauld remain the same. We would save by going from eight polling places to four. It makes it easier for someone to run that wants to run. Walking their area to campaign would be easier and it would allow for diversity on the council. Kelzenberg asked theoretically, in the ward system, if someone could get three votes and win. Hartel City Council Minutes June 12,2006 Page 5 of 23 stated theoretically, yes. Diehm stated she was curious to hear the public comments. Nawrocki also indicated he would wait to comment until after the public comments. Peterson opened the public hearing. Joe Orendorff, 4801 East Upland Crest, stated he has talked to his neighbors on this issue and they think it is not a good idea and that we don't need more councilmembers. Orendorff stated his fear that the meetins would never end. Harold Hoium, 4315 5th Street, stated this is not a very good idea, and suggested it be put on the ballot. Kathy Wagner, 4347 University Avenue Apt. #3, referred to a flag that was removed in Columbia Heights. She gave her background and stated that the more people you get involved, the better. Mayor Peterson closed the public hearing. Nawrocki stated this is not a new subject, as it was discussed years ago. He felt the Council should not make this decision and it should go to a vote of the citizens. There are two issues, the size of the council and if wards and at large members is the best choice. The $35,000 is extreme. Currently, the public can vote out two councilmembers and the Mayor every two years to change the Council. With this proposal they would only be able to do that every four years. He referred to Carolyn Laine's comments in the newspaper and stated that limiting the amount spent on elections would restriction freedom of speech. Regarding that no one on the Council lives on the east side of Central, he listed candidates in the last election that lived in that area. He referred to the Minneapolis area competition for Krock funds for a community center, which caused a split between the North and Northeast sides resulting in the funds going to the City of St. Paul. Diehm thanked the Charter Commission for looking into this and the time they have spent evaluating the issue. She stated that personally she is not for the ward system. There is an advantage in having Councilmembers support all the citizens. If the Council vote is not unanimous the question could be on the ballot this fall. Hartel stated that if the Council vote were not unanimous it would go back to the Charter Commission for them to decide if it would be put on the ballot. He stated he appreciation for the Council's consideration. Peterson also thanked the Charter Commission for the time they have spent on this issue. Orendorff stated that when he was on the council they were paid $35 a month. Peterson stated it is clear that this will not be a unanimous vote. Nawrocki stated this is only the first reading of the ordinance. Members discussed if a second reading was necessary considering the time frame to place this question on the ballot. Hartel stated that it would not cause a time problem and a second reading would allow additional comments from residents. 1'-~awrocki questioned the time frame to put this on the ballot or if a special election \vould be required. Hoeft stated that scenario would only be if the City Council proposed a change. The vote at the second reading would still fit the time parameters. The Charter COlmnission would decide whether or not to place the question on the ballot. Motion by Diehm, second by Kelzenberg, to waive the first reading of Ordinance No. 1509, there being City Council Minutes June 12,2006 Page 6 of 23 ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg to schedule the second reading of Ordinance No. 1509 at approximately 7:00 p.m. on Monday, June 26,2006 in the City Hall Council Chambers. Upon vote: All ayes. Motion carried. Nawrocki requested this information continue on cable TV and include when the second reading would be held. B) Adopt Resolution No. 2006-70, being a Resolution for Rental Housing License Revocation at 4524 Monroe Street Fire Chief Gary Gorman listed the history ofthis property, including unfinished violation corrections. Peterson asked if anyone in the audience was present to represent the property. There was not. Motion by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2006-70, there being ample copies available to the public. Upon vote: Ayes: Peterson, Williams, Nawrocki, Kelzenberg; Diehm, absent from the room. Motion carried. Motion by Kelzenberg, second by Williams to adopt Resolution No. 2006-70, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of the rental license held by Julie Marsh regarding rental property at 4524 Monroe Street NE. Upon vote: Ayes: Peterson, Williams, Nawrocki, Kelzenberg; Diehm, absent from the room. Motion carried. RESOLUTION 2006-70 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 Julie Marsh (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4524 Monroe Street NE., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, 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 May 15, 2006 of an public hearing to be held on June 12,2006. A reminder notice was mailed by certified mail to all interested parties on June 5, 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 September 20, 2005, inspectors for the City of Columbia Heights, inspected the property described above and noted eleven 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 November 1, 2005, inspectors for the City of Columbia Heights, reinspected the property and noted four 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 22, 2005, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted four 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. 4. That on November 30,2005, the owner contacted the inspection office and requested an extension on two of the four items to be repaired. An extension to May 15,2006 was granted to the property owner. 5. On December 16,2005 the two items that were not listed in the time extension were reinspected and checked off as done. 6. That on May 15,2006, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted two 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 7. 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. The violations are as follows; i. Shall repair/replace the sections of driveway that are in disrepair. City Council Minutes June 12,2006 Page 7 of 23 ii. Shall install permanent fencing to prevent parking on landscape area between driveway and garage. 8. 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 SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7302 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. 2006-71, being a Resolution for Abatement of Nuisance at 2348 45th Street Gorman stated that these tree stump violations go back to May of 2005 and this would be for abatement of the tree stumps. Peterson stated that the grass was very long, but has now been cut. Jesse Davies, Public Works Administrative Assistant, stated that our contractor cut it. Peterson asked if the house is occupied and referred to a tree leaning on the garage. Gorman stated he did not know, but indicated there are other issues on the property. Nawrocki questioned if the cut grass would be picked up. Davies stated he would inspect it tomorrow and that the contractor could mulch up the cut grass. Peterson asked if anyone in the audience was present to represent the property. There was not. Motion by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2006-71, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2006-71, a resolution of the City Council of the City of Columbia Heights declaring the property at 2348 45th Avenue 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 2006-71 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 Marjorie L. Bastian (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 2348 4Sth Avenue 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 April 20, 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 May 23, 200S, 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 August 15, 2005 and UIl October 7, 2005, inspectors reinspected the property and found that onc violation remained uncorrected. 3. That on April 20, 2006, inspectors reinspected the property and found that one violation remained uncorrected. A statement of cause listing the violations was mailed by regular and certified mail the last know address of the owner of the property. 4. 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. Shall remove tree stumps from the yard. City Council Minutes June 12,2006 Page 8 of 23 5. 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 2348 45th Avenue 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 I. The property located at 2348 45th Avenue 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. D) Adopt Resolution No. 2006-72, being a Resolution for Abatement of Nuisance at 4774 Upland Crest Gorman stated there was progress on this violation this past weekend, but the complaint goes back to last November. The owner of the property has not contacted us. Nawrocki stated they were working on the property today. Peterson asked if anyone in the audience was present to represent the property. There was not. Motion by Williams, second by Kelzenberg to close the public hearing and to waive the reading of Resolution No. 2006-72, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-72, a resolution of the City Council of the City of Columbia Heights declaring the property at 4774 Upland Crest 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 2006-72 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 Richard 1. Dwinell (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4774 Upland Crest 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 May 17,2006. 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 I. That on November 9,2005, an inspection was conducted on the property listed above. Inspectors found four violations. A compliance order was sent via regular mail to the owner at the address. 2. That on June 6, 2006, inspectors reinspected the property and found that four violations remained uncorrected. 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: City Council Minutes June 12, 2006 Page 9 of 23 A. Shall repair the garage and garage door that is deteriorating. B. Shall mow the lawn. C. Shall remove the scrub growth/weeds from the property. D. Shall scrape/paint the trim on the house and garage. 4. 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 4774 Upland Crest 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 4774 Upland Crest 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) Adopt Resolution No. 2006-73, being a Resolution for Abatement of Nuisance at 4112 7th Street Gonnan stated this is vacant rental property and the violations go back to last August. There was a window removed and covered with plywood. They have not submitted any rental licensing paper work. Peterson asked if anyone in the audience was present to represent the property. There was not. Motion by Diehm, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2006-73, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution No. 2006-73, a resolution of the City Council of the City of Columbia Heights declaring the property at 4112 ih 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 2006-73 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 Lovie Delores Diaz-Valdes (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4112 ih 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 May 18,2006. 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 August 22, 2005, an inspection was conducted on the property listed above. Inspectors found six violations. A compliance order was sent via regular mail to the owner at the address. 2. That on January 5, 2006, inspectors reinspected the property and found that three violations remained uncorrected. 3. That on May 18,2006, inspectors reinspected the property and found that one violation remained uncorrected. A statement of cause listing the violations was mailed by regular and certified mail the last know address of the owner of the property. City Council Minutes June 12,2006 Page 10 of23 4. 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. Shall repair/replace the window on the southwest corner of the house that is missing. 5. 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 4112 ih 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 4112 7th 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 F) Adopt Resolution No. 2006-74, being a Resolution for Abatement of Nuisance at 3906 Van Buren Street Gorman stated that this vacant property is in foreclosure. There were issues with long grass and other violations. We secured the building on June 2nd and were told the bank takes possession of the property at midnight tonight. This would include the assessments for the emergency abatement. Peterson stated he knows the brother of the owner who promised he would comply, but did not. Peterson stated that he felt so bad for the neighbors that he, his wife, and two sons mowed the grass. He stated that someone else had cleaned up the yard. Peterson indicated that when the grass reaches nine inches, have the contractor cut it. This has been a problem since October. Linda Lynch, 3900 Van Buren, thanked the Mayor for mowing this lawn. The grass and weeds were 43 inches high. There is no reason for the city to put up with people that abandon their property. When are we going to make these people accountable? Since when do we allow our Mayor to mow lawns? Peterson stated there is an emergency ordinance proposed tonight to deal with weeds and long grass. Lynch asked when the property would be sold. Gorman stated that the legal process takes a long time. Nawrocki indicated that this property was a problem last year and that he had spoke to the City Manager about it, but was told it was too late in the year for the contractor to cut it. The contract should extend through whenever grass is still growing. Fehst stated that there was a late start this year on weed and grass compliance that won't happen again. Through the emergency ordinance proposed tonight, enforcement would begin immediately. Peterson asked if anyone in the audience was present to represent the property. There was not. Motion Williams, Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-74, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion Williams, second by Kelzenberg, to adopt Resolution No. 2006-74, a resolution ofthe City Council oftht: City of Columbia Heights declaring the property at 3906 Van Buren 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 2006-74 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 Bhawesh Prabhudial (Hereinafter City Council Minutes June 12,2006 Page II of23 "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3906 Van Buren 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 June 2, 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 April 4, 2006 and on Junel, 2006, an inspection was conducted on the property listed above. Inspectors found twelve violations. A compliance order was sent via regular mail to the owner at the address. 2. That on June 2, 2006, inspectors reinspected the property and found that five violations remained uncorrected. A statement of cause listing the violations was mailed by regular and certified mail the last know address of the owner of the property. 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. Shall repair/replace all/any tom/ripped screens on the building. b. Shall repair/replace all/any broken windows on the building. c. Shall scrape/paint all windows where the paint is peeling. 4. Shall remove all/any tree stumps from the yards. Shall remove them to within 4-6 inches below ground level. 5. 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 3906 Van Buren 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 3906 Van Buren 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 G) Adopt Resolution No. 2006-75, being a Resolution for Abatement of Nuisance at 4915 5th Street Nawrocki questioned if this was the correct address. John Larkin, Assistant Fire Chief, indicated this is the address of record in on the Anoka County property records. Larkin stated that all items but one have been taken care of. Hoeft stated that this would indicate they have received our notices. Nawrocki stated there is a different number on the garage. Gorman stated that the violations go back to last year. The owner was tagged and the scrub growth remams. Peterson asked if anyone in the audience was present to represent the property. There was not. Motion by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2006-75, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams to adopt Resolution No. 2006-75, a resolution of the City Council of the City of Columbia Heights declaring the property at 4915 5th Street NE a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon City Council Minutes June 12,2006 Page 12 of23 vote: All ayes. Motion carried. RESOLUTION 2006-75 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 Guy H. Radke (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4915 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 May 2, 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 May 12,2005, an inspection was conducted on the property listed above. Inspectors found six violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 7,2005, inspectors reinspected the property and found that six violations remained uncorrected. 3. That on May 2, 2006, inspectors reinspected the property and found that three violations remained uncorrected. A statement of cause listing the violations was mailed by regular and certified mail the last know address of the owner of the property. 4. That on June 6, 2006, inspectors reinspected the property and found that one violation remained uncorrected. 5. 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. Shall remove alVany scrub growth/weeds from along side the garage and in front of the house. 6. 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 4915 51h 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 4915 51h 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 H) Adopt Resolution No. 2006-76, being a Resolution for Abatement of Nuisance at 4701 University Gorman stated that the violation goes back to last August, with no response received. The son of the owner indicates that his father does not live there or own it. He was asked to bring in paperwork to indicate this, which he did not. Peterson asked if anyone in the audience was present to represent the property. There was not. Motion by Williams, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2006-76, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution No. 2006-76, a resolution of the City Council of the City of Columbia Heights declaring the property at 4701 University Avenue NE. a City Council Minutes June 12, 2006 Page I3 of23 nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. Peterson questioned ifthe weeds were taken care of at 4947 University. Larkin stated the grass has been mowed and the property is secure. He will do a follow-up call to the reality company to pick up the cut grass. RESOLUTION 2006-76 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 Lillian Mercado (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4701 University Avenue 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 April 20, 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 April 6, 2005, an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 7,2005, inspectors reinspected the property and found that three violations remained uncorrected. 3. That on April 20, 2006 and again on June 6,2006, inspectors reinspected the property and found that one violation remained uncorrected. A statement of cause listing the violations was mailed by regular and certified mail the last know address of the owner of the property. 4. That based upon said records of the Fire Department, the following conditions and violations of City Ordinance(s) were found to exist, to-wit all repair the damaged garage. 5. 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 4701 University Avenue 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 4701 University Avenue 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 ITEMS FOR CONSIDERATION Other Ordinances and Resolutions 1. Adopt Ordinance No. 1511, being an emergency Ordinance amending Chapter 4, Article II, Section A I"\^~ ,.....,~.t.__ r"t_~_ ~__,".J.._~__':___.l..._ "l"'lT__.J Tl________l "t.L.V.J, ~llY ~vut: pt:lli:lllllllg LU vvt:t:u J'\.t:lIlUVi:i1. Fehst commended citizen, Mark Hinrich, for pushing aggressively for an ordinance similar to the Minneapolis ordinance. It gives people 96 hours to cut their grass or weeds and they must also receive a formal notice. That time would allow us to check the property, send out a notice and within a week go back to cut the grass. The way the current ordinance is it could be 16 days before we cut it. Also, if a property has already been noticed twice and we cut the grass, we will continue to cut it on a regular City Council Minutes June 12, 2006 Page 14 of23 basis. We will have to put out the money up front, but will assess costs against the property. Fehst introduced Jesse Davies indicating he would be doing the inspections. The notice will indicate the cost at a two hour minimum of $130. Davies apologized for the late start on the inspection program, as he was on military duty the first two weeks in May. Last week seven properties were cut. He listed the areas that have been inspected. Properties that were close to being in violation were sent a friendly reminder and will be re-inspected soon. Getting the word out will help. The only possible problem is locating the owner within seven days. Nawrocki stated that door hangers are good for the majority of people and reiterated that a property must be noticed twice before they are put on the continual list. He questioned the "legal notice" by regular mail in case it is misdelivered. Hoeft stated that Minnesota Statutes allow for deliver by regular mail, allowing three days. The owner is, by default, the name on the county tax record. Hoeft stated that the ordinance it is not indicated as gender neutral and asked that the motion reflect such changes. Motion by Nawrocki, second by Diehm, to waive the reading of emergency Ordinance No. 1511, there being ample copies available to the public amended according to changes to allow to be general neutral. Upon vote: All ayes. Motion carried. Motion Nawrocki, second by Diehm, to adopt Emergency Ordinance No. 1511, being an emergency Ordinance amending Chapter 4, Article II, Section 4.203, City Code pertaining to weed removal including gender neutral language. Upon vote: All ayes. Motion carried. Hoium stated that the city is the worst offender of this ordinance and that he has received a notice. He referred to damage to his property by the city that does not allow him to cut it. He questioned the cost. Fehst reminded council that Mr. Hoium's property was abated for a blight nuisance. Peterson indicated that this property is going through the court process. Hoium questioned the tall weeds on the University Avenue median. Peterson stated that MNDOT is not cutting it because of a lack of staff and funding. The local staff is being be reduced from 19 people to seven. F ehst stated this would be discussed at the work session on Monday. Nawrocki stated we should let our State Representative and Senator know of our disappointment. We should not do the Highway Department's job. BEING AN EMERGENCY ORDINANCE AMENDING CHAPTER 4, ARTICLE II, SECTION 4.203, CITY CODE PERTAINING TO WEED REMOVAL The City of Columbia Heights does ordain: Chapter 4, Article II, section 4.203 of the Columbia Heights City Code, is hereby amended to read as follow: 4.203 (A) The weed inspector or delegated assistant may inspect all premises and places within the city for the presence of weeds, as defined below: WEEDS. As used in this code shall include: (a) Noxious weeds enumerated by Minn. Rules, part 1505.0730, as it may be amended from time to time. (b) Any other uncultivated or uncontrolled weed growth, which have gone or are about to go to seed, such as secondary weeds enumerated by Minn. Rules, part 1505.0740, as it may be amended from time to time. (c) Any tall weeds or grass growing upon any lot or parcel of land in the city to a height greater than nine inches. The weed inspector may grant exceptions for wildlife areas, areas bordering ponds, wildflower areas, ornamental grasses and other such areas that are a part of an orderly landscape design. (d) Such other vegetation as the Council shall, from time to time, designate by resolution. (B) The weed inspector or delegated assistant shall notify the affected property owner that weeds which are on his property, must be eradicated, or controlled, in the manner prescribed by the inspector. Such notice may be served personally or may be served by mail. (1) The notification shall require abatement of the weeds, or other prescribed action, within teR four (4) days City Council Minutes June 12,2006 Page 15 of23 from the date of mailing of notice. (2) The notification shall state that the city will take appropriate remedial action to eradicate or control the weeds upon expiration of said ten four (4) days, with a charge to the property owner/property for costs. (e) Eradication notice for noxious v/eed~~, as described by division (A) of this section, shall be made in accordance 'sith the pro';isions of M.S. ~ 18.83, as it may be amended from time to time. Notice for eradication or control of all other \,"ceds shall be made by certified mail to the property O\'.1lcr. If the ov;ner is not in possession of the property then a copy of the notice shall also be sent by first class mail to the les~~ee, occupant, or agent of the o"vner of the premises. (C) For properties for which there have been two (2) or more notices issued within the prior twelve (12) month period, compliance with section (B) shall not be required. For those properties. the second notice issued within a twelve (12) month period shall contain a general notice that the city may abate future violations without providing: additional specific notice of the violation. (D) The weed inspector, delegated assistant, or other delegated agent of the city, shall cause the removal or other prescribed action of any weeds located on public property; or on private property, upon expiration of the prescribed notice to the owner. (E) "Owner", for the purposes of this section. shall mean the person who is listed as the contact person on any Clment rental licensing application on file with the citv. if any. or. if none, the person listed as owner bv the County Assessor on the homestead record. or, if none, the taxpayer as shown bv the records of the County Assessor. 2. Second reading of Ordinance No. 1500, vacating a portion of Lookout Place Motion by Kelzenberg, second by Kelzenberg, to waive the reading of Ordinance No. 1500, there being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Ordinance No. 1500, being an Ordinance vacating a portion of Lookout Place, as legally described in the Ordinance. Nawrocki stated his comments are applicable to this and the next item. We are giving this property away at $.35 per square foot. The Burger King property we bought was also contaminated and we paid $800,000 or $16 -$17 per square foot. The parking meets code, but with the number of seats, outside seating, and employee parking, you would have to have 2.25 people per car. If the lot is full they will park in the neighborhood. This should be considered now, rather than after the fact. Diehm commended the Sarna's for being so persistent, diligently working with the neighbors to solve issues, and addressing parking issues to meet code. She stated her excitement about the project and would like to adopt the ordinance. Hoium referred to a property sale comparison and gave his opinion that this property is worth $1.5 million. There were three buildings on the property removed with public CDBG funds. Fehst indicated this property had houses and a gas station, which were blighted or polluted. There were improvements completed by the purchaser that the city did not have to pay for. He listed the individual items the developer paid to clear the site, for about $164,000. We had a developer prior to this that had to walk away from the project. It was felt to be a priority to obtain such a restaurant in our town. Weare happy they stuck it out and are happy to have them there. Nawrocki stated that it would have been nice ifthe Manager had shared the information with Councilmembers that he just read. Fehst stated that he just received the infonnation on his computer. He stated it is ironic that we have a firm that represents the City for legal services representing the developer, and the City Manager is currently representing the developer. Fehst expressed his displeasure with Councilmember Nawrocki's comments. Peterson stated that Councilmember Nawrocki's remarks were out of order. Nawrocki expressed his displease that he is treated differently than others and his displeasure that the City Manager interrupted him. City Council Minutes June 12,2006 Page 16 of23 Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. F ehst asked for a formal apology of Councilmember Nawrocki's comments. Nawrocki asked for the floor. Peterson called a five minute recess. Mayor Peterson resumed the meeting at 9: 17 p.m. Nawrocki stated he took offense that the City Manager made accusations against him. When he expresses his opinion it is his right and responsibility. Public business is to be done in public. Peterson stated that mutual respect would go a long way. ORDINANCE NO. 1500 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490 CITY CODE OF 2005, VACATING A PORTION OF LOOKOUT PLACE 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 part of Lookout Place lying between two lines: the northerly line being the westerly extension of the north line of Block 68, Columbia Heights Annex to Minneapolis, to the easterly line of State Trunk Highway 47 and the southerly line being drawn from the most southwesterly comer of Lot 17, Block 68, Columbia Heights Annex to Minneapolis, to the southeast comer of north half of Lot 2, as determined by proportional measurements along the east and west lines, Rearrangement of Block E, Columbia Heights Annex to Minneapolis. Section 2: The vacation of the street right-of-way described above shall be subject to the following condition: All necessary approvals for the Sarna's Addition plat shall be granted prior to the Second Reading of this Ordinance. Section 3: This ordinance shall be in full force and effect from and after 30 days after its passage. 3. Approval of Final Plat, Sarna's Addition. Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution 2006-66, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2006-66, approving the Final Plat for Sarna's Addition, subject to the conditions outlined in Resolution No. 2006-66. Peterson asked the people in the audience to refrain from speaking when they have not been recognized. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. Peterson welcomed Sarna's to the community, and stated that they have worked hard on this project since a year ago March. It was a difficult site to work with but they are detennined to put up a good facility for the community. Williams also thanked the Sarna's for working with the neighbors and Mr. Gondeck. City Council Minutes June 12,2006 Page 17 of23 Kelzenberg also thanked the Sarna's. Nawrocki stated he hopes this will be a great thing. This is about the same path as the Star Bar, starting as a family restaurant, but is concerned that something like that does not happen again. This will really be more of a sports bar than a family restaurant. He hopes in time they will say he was wrong. RESOLUTION NO. 2006-66 RESOLUTION APPROVING FINAL PLAT SUBDIVISION WITH CERTAIN CONDITIONS FOR JAMES SARNA WHEREAS, a proposal (Case No. 2005-1102) has been submitted by James Sarna to the City Council requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: Southeast comer of University Avenue and 40th Avenue NE. EXISTING LEGAL DESCRIPTION: On File at City Hall PROPOSED LEGAL DESCRIPTION: Sarna's Addition THE APPLICANT SEEKS APPROVAL OF A FINAL PLAT SUBDIVISION. WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed subdivision upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on June 6, 2006. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The proposed minor subdivision conforms to the requirements of Section 14 of the City Code. 2. The proposed subdivision is consistent with the Comprehensive Plan. 3. The proposed subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. CONDITIONS: 1. An NPDES permit will be required, at the time of construction. Additional erosion control measures along the southerly property line are recommended, due to the natural slope of the property. The City also reserves the right to require additional erosion control measures during construction, as conditions warrant. 2. All restoration of turf areas in the Public Right-of-Way (ROW) shall be by four (4) inches of topsoil/sodding. 3. All work within Public ROW shall be inspected by the City Engineering Department. Twenty four (24) hour advance notice of an inspection is required. 4. All utilities (water main, sanitary sewer and storm sewer), shall meet the City of Columbia Heights specifications for materials and installation. 5. Disconnect any existing utility service stubs in accordance with Public Works requirements. 6. All sidewalks shall meet ADA requirements for pedestrian ramps and grade. 7. An Anoka County and MnDOT permit shall be required for doing work within the Right of Way. 8. A permit from Anoka County will be required for the driveway access to 40th Avenue NE. 9. The adjacent alley shall be restored and usable at the time of construction of the building. 4. Adopt Resolution 2006-67, being a Conditional Use Permit for a T-Mobile telecommunications tower located at 1400 - 49th Avenue NE. Jeff Sargent, City Planner, stated that T - Mobile is looking to replace a light standard and add a wireless antenna. It was necessary to show that they could not locate on any other tower in the city, which has been done. The light standard is considered a camoutlaging mechanism. The antenna meets the setback regulations. The Planning and Zoning Commission heard this request and voted approval with a 3-0 vote, with one abstention by the member that is also a school board member. City Council Minutes June 12,2006 Page 18 of23 Williams asked if there is a cost to this. Peterson explained the process of replacement of the standard and inclusion of their antenna. The School District will probably receive income from this. Our interest is to make sure it meets all set backs. Kelzenberg stated the picture showed an expansion for the generator. Sargent stated there would be a compound to surround this, without screening to prevent a hiding area. Kelzenberg asked if this would interfere with any of the sports areas. Sargent indicated that Mr. Steven Edwards, ofT-Mobile has indicated their study shows it would not impede any athletic events. Sargent described the location of the light standard. Nawrocki asked ifthey explored using the city's water tower. Sargent stated that our water tower would not facilitate their needs. Nawrocki asked who determinations ifthere are alternative sites. Edwards stated they were asked to show sites within one mile, with 26 sites reviewed. The areas necessary for coverage were four to five blocks by the high school and Central Avenue. Edwards stated that that the height will be the same, with the antenna below the lights. Nawrocki stated that the water tower looks hideous with all the antennas and he would hate to see another porcupine in the city. Edwards stated that the antenna would be flush mounted to the tower, as the speaker is. Nawrocki questioned ifthere would be any electrical interference. Edwards indicated there are no current complaints from other areas. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2006-67, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-67, approving a Conditional Use Permit for the installation of a telecommunications tower located at 1400 - 49th A venue NE, subject to the conditions stated in the Resolution. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2006-67 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR T-MOBILE, USA WHEREAS, a proposal (Case #2006-0601) has been submitted by Steve Edwards of T-Mobile to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 1400 - 49th Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.109 (0)(5)(e), to allow a telecommunications tower in the R-l, Single-Family Residential District. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on June 6, 2006; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of City Council Minutes June 12,2006 Page 19 of23 other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar vear after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: I. All required state and local codes will be met and in full compliance. 2. A barbed-wire fence may not be used for security around the tower compound. 3. In lieu of a privacy fence, the applicant shall use a chain link fence surrounding the tower compound. 4. The telecommunications tower and compound may not be sold, transferred or assigned without prior notification to the City. 5. No sublease shall be entered into by any provider until the sub lessee has obtained a permit for the subject wireless communications facility or tower or antenna support structure. 6. The tower design must be certified by a qualified engineer specializing in tower structures and licensed to practice in the State of Minnesota. The certification must state the tower design is structurally sounds and, at a minimum, in conformance with the City's building code and the State Building Code. 7. The applicant shall obtain a building permit prior to construction of the tower. 5. Approval of Minor Subdivision with variances located at 4100 Reservoir Blvd. Sargent stated this is lot split with two variances at 4100 Reservoir. This meets city requirements for a Rl District. The variance is because of the existing house. Parcel B meets the lot width for the city. There is an easement along the North property line. It requires an additional five foot easement for the city utilities in the alley. The easement is required because of the slope of the property. Sargent stated the hardship is because of the triangular shape of the property. Peterson questioned the minimum lot size of 70 feet. Sargent stated that is the requirement for this zoning district. Kelzenberg asked what happens if this meets all requirements for a lot split, but is not approved to build a home. Sargent stated there are no current plans for parcel B, but it would be a right of the owner to sell or build there. Tim Birth, 1328 41 st, stated disagreement with the proposal referring to the narrow conditions and current congestion of this area. He was concerned that the existing house is very tall causing a privacy problem for a new home. Williams asked the City Attorney if the lot split or variance could be denied. Hoeft stated that the lot is an odd shape and makes the split difficult, but it passed review of the Planning and Zoning Commission. Diehm asked if the applicant was at the Planning and Zoning Commission meeting. Sargent stated that she was. Long grass issues on this property were discussed. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2006-68, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution No. 2006-68, approving a minor subdivision at 4100 Reservoir Boulevard, subject to the conditions stated in the Resolution. T"'\~ _1_.__ __1__-1 ;.C'r'1_____~;1 ...1___ ~_......L .C'_11__n':_r- .-.4-!"'O.c.c_.......__.....___......_....1......+~......._.... .....t.........r.l...:1 -h......-1~_0"('l ho n_n.n~+;or1 lln...o-A- 1..IICIllIl aSKCU 11 \....,UU11\;U UUc;S UUl lUUUW Illb :SlUll lc;I..UI111llCllUClllUll:S "llUUIU HllUll15" UV "PVVHlvU. IlVvH stated the resolutions include the Planning and Zoning Commission rational to allow the lot split to occur as proposed. If deviating from the recommendations, he recommended tabling this item. Motion by Williams, second by Kelzenberg to table approval of Minor Subdivision with variances located at 4100 Reservoir Boulevard. City Council Minutes June 12, 2006 Page 20 of 23 Sargent referred to findings as stated in the Planning and Zoning Commission packet. Upon vote: All ayes. Motion carried. Motion by Williams second by Kelzenberg, to table approval of a 598 square foot area variance for Parcel A and a 5-foot rear yard setback variance for the existing house on Parcel A, located at 4100 Reservoir Boulevard, subject to the conditions as stated. Upon vote: All ayes. Motion carried. Sargent asked for clarification of the request. Diehm asked for an alternate motion with wording for both sides of the issue. Sargent stated that staff findings of fact were based upon the variances meeting guidelines. Hoeft stated that he would work with Staffto include findings that show the pros and cons. Peterson asked that the property owner be notified when this will be presented again, allowing them to be present. ADMINISTRATIVE REPORTS Report of the City Manager Peterson stated that along with Diehm and Fehst, he met with US Representative Martin Sabo regarding bridge replacement at 49th and Central Avenue and funding for an activity center. Sabo indicated that it has cleared committee for $1.2 million to replace the pedestrian bridge on 49th and Central. Sabo is confident this will pass the last two hurdles to go forward. Sabo had indicated that he is leaving office. Peterson stated his hope that Sabo's replacement will represent us as well as he did. Fehst stated the bridge replacement could cost up to $2.5 million, with State Aid funds used for the additional portion. Ifwe work with the School District and the County, he believes this could be done. The current bridge is not handicap accessible. Nawrocki questioned the layout of a new bridge. Fehst stated it could be a helix on one side and circular on the other. Nawrocki referred to funds being earmarked for other projects such as Heritage Heights, a community center, etc. so we need a better understanding of where the funds would come from. Bonding could double the cost when adding interest. Nawrocki . Requests more infonnation on overruns for Public Works maintenance building architectural fees, contract increases, and why office carpeting was not part of the contract. . Asked for information on bankruptcy of the plat next to St. Tim's. . Landscaping costs at the library - the library is a special revenue fund and there are statutes to cover it. This work should not be paid with other funds. . Previously requested information on the youth program initiated by Mrs. Bush. . Previously requested inspection of the comer sign at the 43rd and Central restaurant. It obstructs vision. It was reported to have begun without a pennit and did not confonn to the plans. What is being done about it? Fehst stated that regarding the bankruptcy, we have no further information than Councilmember Nawrocki has. The monument sign was dismantled and they have begun to rebuild. They initially did not get a building permit and were told they had to resituate it. There are no line of sight problems as of today. He invited Councilmember Nawrocki to visit the site with him and the Community Development Director. Fehst stated that we maintain the landscaping at the library and did the placement with the intent to beautify the Library. Peterson commended staff on the improvements. Nawrocki stated opposition to the loose rocks next to the Library windows. He stated that the Library City Council Minutes June ]2, 2006 Page 2] of23 is a separate entity and should pay for their own work. Fehst stated that the youth program infonnation was forwarded to the youth coordinator. He spoke to Liz Bray, Youth Coordinator, and they agreed it would be good to establish an identity with youth at risk in our town. Hoium spoke on the taxable value of his property. Report of the City Attorney Hoeft stated that Mr. Hoium quoted from the Court Order regarding the removal of structures from his property. CITIZENS FORUM Joyce Myer, 4931 Jackson Street, spoke to weed notices, Creeping Charlie in her yard, where the notice was located, civil rights, the need for a Human Rights Officer, the reign of terror in this community, and questioned the definition of what is a weed versus a wild flower. Fehst stated that we could have someone visit her property to make the determination for her. Peterson stated that our residents have brought the weed and high grass concerns to us. Myer stated that her yard would be cut the day after tomorrow. Kathy Wagner indicated she sat next to a University of Minnesota student this evening and was embarrassed by the actions during this meeting. She felt the meeting should have ended much earlier. Hoium reported vandalized bus terminal shelters. Jeff Diehm, 5125 St. Moritz Drive, stated that he has been watching this meeting at home and was appalled by what he saw. It is very embarrassing. He stated that so far tonight he heard accusations of stafftaking money or being employed on the side by some special interest, and heard there are conspiracies by the City to steal and terrorize. He stated what he wants to see is when we compliment our Staff for initiating a 96 hour rule to control weed and grass problems, and want to see members of Council compliment staff for going out to get grants. He stated that he wants to see our Police Department complimented for the fine job they do. He would like to see positive things take place here. He stated it is now almost 11 p.m. and in the city of 100,000 people that he came from they handled business in two to two and one halfhours. We spend three, four, and five hours for a meeting. What ifthat causes the next progressive member of our community to say they can not run for office and take that kind oftime away from their family. This is not a personal forum to attack our citizens and our staff. We need to show pride in our community. He stated that he had to try and explain to children how people could act like this on television. To those on the staff that do their job - good job. To those on the Council with vision for the city - good job. And those on the Council who choose to behave in a way that is detrimental to the city and gives us a bad face; I would hope they would reevaluate that attitude, because he wants Columbia Heights to be a great city. What happened tonight should not be happening. COUNCIL CORNER Peterson . Employment & Economic Development Department, State of Minnesota - received a complementary letter congratulating our staff on implementing the Brownsfield program. He read the last paragraph on the letter complimenting Randy Schumacher and Kristine Partenheimer on their efforts. They do wonderful work for us. . Spoke of an incident while working on the clock tower where our Police Department responded instantly to a potentiaHy dangerous situation. . Read a complimentary letter regarding our EMT's from a resident who has used the system nine times. . Regarding tagging properties - our inspector knows the difference between flowers and weeds. The door tags are doing their job, informing people to take care oftheir yards. . There are recreation program openings for preschool to 8th grade, mural painting by the T &T teens for City Hall, 6 - 8th graders, water park trips, 3 on 3 basketball, and a Vikings camp. There has been a City Council Minutes June 12,2006 Page 22 of 23 mural painting donated by a resident in the Jefferson building at Huset Park. Our Recreation Department keeps kids busy and off the streets. . Celebrity on our Council - Councilmember Diehm has been selected as one of the 2006 top Up and Coming Attorneys by the Lawyers Association. Congratulations Tami. . Clock tower - will be put in place tomorrow. There are only a few more bricks to place. The dedication will be June 23. Everyone is welcome. . With all the activity in Iraq - appreciate our service men and women. Kelzenberg . Enjoy the Jamboree starting next Wednesday. Thursday there will be a Ron Schara fishing show at Murzyn Hall. Enjoy the parade activities. Williams . Met with Pawlenty and he assured us we would get an increase in LGA. . Heritage Heights needed assurance we would keep on the program, which we will. . The clock tower is a Clock Tower of Peace. . We need to have respect for one another; everyone gets excited once in a while. Understand it is not the end of the world, we don't have to be ashamed. Conflict is all right and should be resolved quickly. Pray for respect and peace in our community. Continue to encourage each other. . Thanked the Lions Club for putting on the Jamboree, for the time our citizens and staff put into this. Peterson stated that the Clock Tower of Peace will be dedicated to the diversity of our community and getting along with one another. He stated he was taken aback tonight; this is not the forum for accusing anyone. If we can't work together, how can our community work together? Diehm . Last week spoke to the High School Civic classes. It was interesting to hear visions of our future voters. Encouraged them to attend meetings. They also have a stake in our community. . Library programs are in full force. Go to the library. Nawrocki . Suggested the Mayor do inward searching of himself. . Expects that people will respect his prerogative to express himself. . To Mr. Diehm, can speak to him after the meeting. . No secret, his personal opinion is that the City Manager does not do his job and is capable of doing better. Peterson stated this is not a forum for silly acquisitions and to belittle people. Have mutual respect. . There should be an annual review of the City Manager and we have not done that. . Comment relative to the budget and the Special Project Coordinator is leaving. In the past it was proposed to cut that position back on time and should be discussed if it should remain a full time position. . City election filing information should be on cable. . 515t and University car lot - continues to be a problem. A car was visible from the road has no current license plates and there is a pile of tires by the building. City Planner wrote a letter to the store manager- took strong exception to the statement that they are making Columbia Heights an attractive place to live and work. . Cleveland Street, house next to 42nd continues to have debris piled on the property. The barrier is down. . Prestemon Park - Park Board Chair said there would be no plans to expand usage, and yet the Recreation Director stated that programs could be expanded. . Went to Anoka County Elected Official meeting - presentation on the County's 150th Anniversary program. . AMM letters dealing with policy committees - he has been a member of the Municipal Taxation committee and will be again, and urged others to serve on a committee. City Council Minutes June 12,2006 Page 23 of 23 . MACT A meeting discussed Federal legislation impact on cable and franchising. . Governor's comments regarding LGA - he did not give us help this session. . The State came up with money for the Northstar program. Does not agree with this. It will service those on work trips. There will only be five trips into town in the morning and five trips out of town in the evemng. . Regarding the letter for emergency first aid: takes pride in that service because he was part of the beginning of that service. . Council meetings should be public business done in public, good or bad. What he says is intended to be constructive criticism. Makes no apologies for expressing his opinion, wishes he was more eloquent in how says things, but it is important that both sides of issues are talked about. I try to listen to people. Peterson stated that our community is moving forward, and he is proud of our progress. He said he was also here when the EMT program began. He has the highest regard for all of our employees. A good boss surrounds himself with good people. He really believes in Mr. Fehst and that he has chosen good people, puts them in their position and allowed them to do their job. Peterson stated, "don't take ourselves too seriously." The hardest part is looking out at people that are mad and unhappy with life. I'm not going to waste life by being mad or upset. I will continue to work for this community whether I sit here or not. ADJOURNMENT Mayor Peterson adjourned the meeting at 11 :25 p.m. r\ /\ 1"_ 7' \. \ // n ie'll. I' ' /' ." 1 \,. 1;,.' "'d"~Z"'" " ." ,__ v l...L--'~ "'-"(,., "--"' \ \ \,A./. "",-" '...1 V Patricia Muscovitz, CMC Deputy City Clerk/Council Secret ry