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HomeMy WebLinkAboutSeptember 25, 2006 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING SEPTEMBER 25, 2006 CALL TO ORDER/ROLL CALL/INVOCATION Rev. Dave Briley, Oak Hill Baptist, 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 removed items for rental revocation of 4639 Washington and abatement of 4559 Washington Street, as they have come into compliance. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS Proclamation - October 14th 2006 as Columbia Park Medical Group Day Mayor Peterson read the Proclamation and presented it to Dr. Roman Zownirowycz, Facility Medical Director and Holly James, Clinic Manager. Dr. Zownirowycz thanked the Council for this opportunity and stated his pleasure to be part of this community. Mayor Peterson stated our pride to have them in the City of Columbia Heights. Introduction of New Employees - Dana Weigman, Adult Services Librarian Becky Loader, Library Director introduced Dana Weigman. She listed her background and stated that Dana worked for the Library for the past two years as a supervisor. Ms. Weigman stated her pleasure to work for the City of Columbia Heights. CONSENT AGENDA Walt Fehst, City Manager, took Councilmembers through the Consent Agenda. 1) Approve City Council Meeting Minutes for September 2006 rellular and canvas City Council meetings Motion to approve the minutes of the September 11, 2006 regular City Council meeting as presented. Nawrocki corrected page #31 - Northstar project, should indicate it was the Anoka County portion ofthe Northstar budget. Motion to approve the minutes of the September 15,2006 Primary Canvas City Council meeting as presented. Nawrocki indicated that the resolution should be part of the minutes. 2) Reschedule the Library budget meeting to Wednesday, October 25,2006 at 6:30 p.m. Motion to reschedule the Library budget meeting to Wednesday, October 25,2006 at Murzyn Hall, beginning at 6:30 p.m. Nawrocki stated that we were to set more budget meetings. Only scheduling one-half hour is ludicrous, especially if there is a power point presentation given. We need more time on these budgets. City Council Minutes September 25, 2006 Page 2 of 14 3) Accept U.S. Dept. of Justice COPS 2006 Secure our Schools Grant - removed 4) Approve transfer of State ofMN Operation Nite funds from General Fund to Police OT Fund. Motion to transfer $1,200, the total amount of money received from the State of Minnesota for our efforts in Operation Nite Cap program from the general fund to the Police Department 2006 budget line #1020 overtime. 5) First Reading of Ordinance No. 1514, being an Ordinance providing for the issuance and sale of approximately $4,430,000 General Obligation Improvement/Utility Revenue Bonds, Series 2006A - removed 6) Approve Special Assessment System Conversion - removed 7) Adopt Resolution 2006-165, being a Resolution establishing amounts of assessments to be levied Nawrocki questioned where the city portion would come from. Kathy Young, Assistant City Engineer, indicated the infrastructure fund and general state aid utility funds. Nawrocki questioned the amount of state aid. Staffwill forward that information. Motion to waive the reading of Resolution 2006-165, there being ample copies available to the public. Motion to adopt Resolution 2006-165 being a Resolution establishing amount of City share and amount of Special Assessments on projects to be levied. RESOLUTION NO. 2006-165 BEING A RESOLUTION ESTABLISHING AMOUNT OF CITY SHARE AND AMOUNT OF SPECIAL ASSESSMENTS ON PROJECTS TO BE LEVIED WHEREAS, the City Council of the City of Columbia Heights by motion on the 28th day of August, 2006, ordered a special assessment hearing to levy the cost of improvements and; \VHEREAS, the following projects will be specialiy assessed in October, 2006, and a portion of the costs may be borne by the City, NOW THEREFORE BE IT RESOLVED pursuant to Minnesota Statutes 429.061, and City Code 4.103, that the breakdown is as follows: Project Zone 7B&lA Street Construction Zone 7B & lA General, State Aid, And Utility Funds Zone lA Street Sealcoat, Project 0601 Huset Parkway, Project 0404 Est. City Portion Assessed Portion Est. Total $458,442 $857,337 $1,315,779 $482,721 $482,721 $33,629 $64,375 $98,004 $1,265,063 $1,677 ,460 $2,942,523 8) Adopt Resolution No. 2006-166, being a Resolution accepting bids and awarding 2006 Storm Sewer Improvements removed 9) Approve the items listed for rental housing license applications for September 25, 2006 Motion to approve the items listed for rental housing license applications for September 25, 2006. 10) Approve Business License Applications Motion to approve the items as listed on the business license agenda for September 25,2006 as presented. 11) Approve Payment of Bills City Council Minutes September 25, 2006 Page 3 of 14 Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 118549 through 118709 in the amount of $975,782.88. Motion by Nawrocki, second by Diehm, to approve the Consent Agenda with the exception of items 3, 5, 6, and 8. Upon vote: All ayes. Motion carried. #3 Accept U.S. Dept. of Justice COPS 2006 Secure our Schools Grant. Police Chief Tom Johnson stated this is by request of the School District, but must be applied for by a police department. The grant would allow the purchase of proximity readers for the elementary schools and security cameras in the gymnasiums. This is felt to be a necessity for investigations. There are currently proximity readers at the high school and middle school. This would allow our officers and firefighters access when necessary. The matching funds will be provided by the School District. We will only be writing the grant. Nicole Hovie, School District representative, was present to answer questions. Nawrocki stated this is important information to get to the public. Hovie thanked Chief Johnson for the City's support to obtain this grant. Peterson thanked the School District and Police Department for their efforts to make the community safer, and Sergeant Rodgers for writing the grant. Motion by Nawrocki, second by Williams, to authorize the Mayor and the Chief of Police to accept the U.S. Department of Justice, COPS 2006 Secure Our Schools grant in the amount of$51,598, with the 50 per cent match of $51 ,598 to be paid by the Columbia Heights School District. Upon vote: All ayes. Motion carried. #5 First Reading of Ordinance No. 1514, being an Ordinance providing for the issuance and sale of approx. $4,430,000 General Obligation Improvement/Utilitv Revenue Bonds, Series 2006A - Nawrocki questioned why we are not taking bids for this. Mark Ruff, Ehlers and Associates Financial Consultant, stated that the City would take these bids in November. This is the required first reading, there will be a public hearing at the second reading, followed by a 30 day reply period. Nawrocki stated that the motion indicates a specific date but then refers to "other date as specified". Ruff stated that the Ordinance reads a specific date but that phrase allows, if necessary, to begin the process again while still meeting the Charter requirements. Nawrocki questioned where the funds would go. Fehst read the list. Nawrocki asked why there are funds requested for 2004. Ruff stated that assessment hearings for Zone 7 A were after the last bond issue, and that they are funded internally until the next bond issue. Nawrocki questioned the total assessments in 2004. Ruff stated they were over $1,000,000, but there were prepayments that lower the amount. Fehst continued to read the list. Nawrocki questioned if the $650,000 is less the prepays. Fehst stated yes. Nawrocki indicated that other residents pay for this water and storm sewer portion through their taxes. Fehst stated that is also true for tax increment. Nawrocki asked who would pay the $1.5 million assessment. Fehst stated the developer. Ruff stated that when the units are built the assessment would be paid off. Nawrocki indicated that the water tower rehab is for next year and has not been budgeted yet. Fehst stated they are repairs that need to be done. Motion by Diehm, second by Kelzenberg, to waive the reading of Ordinance No. 1514, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Nawrocki referred to the bond payoff sheet. Ruff stated it lists the principal and interest payments, special assessments, State aid and TIF. Nawrocki asked how the $1.5 million to be paid by the seller is factored in. Ruff stated that a portion is related to the Huset Parkway assessment. It is projected to be a five-year payoff. City Council Minutes September 25, 2006 Page 4 of 14 Motion by Diehm, second by Kelzenberg, to schedule October 9,2006 at approximately 7:00 p.m. in City Council Chambers for the 2nd reading of Ordinance No. 1514 being an ordinance providing for the issuance and sale of approximately $4,430,000 in General Obligation Improvement and Utility Revenue Bonds, Series 2006A. Upon vote: All ayes. Motion carried. #6 Approve Special Assessment System Conversion Nawrocki questioned if this was budgeted for this year. Fehst described the financial benefits to be a savings of$16,000 a year for an initial cost of $25,000. Nawrocki asked when the system would be in use. Bill Elrite, Finance Director, stated that the current system is licensed through April 2007. We would want the new program in place prior to that. Motion by Diehm, second by Williams, to authorize the City Manager to enter into an agreement with Alto Consulting and Training to provide conversion for a Special Assessment system at a cost not to exceed $24,750. Upon vote: All ayes. Motion carried. #8 Adopt Resolution No. 2006-166. being a Resolution accepting bids and awarding 2006 Stonn Sewer Improvements Nawrocki questioned this relative to the Nedegaard project. Fehst stated this is not related to that project. The expense was from storm sewers and covers. Motion by Diehm, second by Williams, to waive the reading of Resolution 2006-166, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution No. 2006-166, accepting bids and awarding the 2006 Storm Sewer Improvements, Municipal Project #0405, S.A.P. 113-010-12, and S.P. 0207-84, to New Look Contracting of Elk River, MN, based upon their low, qualified, responsible total bid in the amount of$120,147.75 with funds to be appropriated from Fund 402- 50405-5130; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2006-166 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE 2006 STORM SEWER IMPROVEMENTS, CITY PROJECT No. 0405 STATE AID PROJECT 113-010-12, STATE PROJECT 0207-84 TO NEW LOOK CONTRACTING WHEREAS, pursuant to an advertisement for bids for City Project No. 0405, 2006 Storm Sewer Improvements, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder TOTAL New Look Contracting, Inc. $120,147.75 Thomas and Sons Construction, Inc $122,237.40 Frattalone Companies, Inc. $142,788.00 G.L. Contracting, Inc. $162,301.50 W.B. Miller, Inc. $163,700.40 Dave Perkins Contracting, Inc. $196,025.00 WHEREAS, it appears that New Look Contracting, Inc., 19696 County Road 72, Elk River, Minnesota 55330 is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with New Look Contracting, Inc. in the name of the City of Columbia Heights, for the 2006 Storm Sewer Improvements, City Project No. 0405, S.A.P. 113- 010-12 and S.P. 0207-84, according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to returu, forthwith, to all bidders, the deposits made with their City Council Minutes September 25, 2006 Page 5 of 14 bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. 3. City Project #0405 shall be funded with Mn/DOT Cooperative Agreement Grant and State Aid Maintenance Funds. PUBLIC HEARINGS A) Close the tabled public hearing for rental license revocation at 1207-09 Circle Terrace Blvd. Mayor Peterson closed the public hearing regarding the revocation or suspension of the rental license held by Deer Meadow Holdings regarding rental property at 1207-09 Circle Terrace Boulevard N.E. in that the owner has corrected the violations. Upon vote: All ayes. Motion carried. B) Adopt Resolution No. 2006-157 being a Resolution for Rental Housing License Revocation at 666-668 47 Y2 Avenue Fire Chief Gary Gorman stated this revocation is for retaining wall disrepair, dead brush, tall weeds and no scheduled inspection. Motion by Nawrocki, second by Diehm, to waive the reading of Resolution No. 2006-157, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2006-157, 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 Christopher and Tracy Decker regarding rental property at 666-66847-1/2 Avenue N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2006-157 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of that certain residential rental license held by Christopher and Tracy Decker (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 666-668 47-1/2 Avenue N.E., 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 August 29, 2006 of an public hearing to be held on September 25, 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 July 18,2006, inspectors for the City of Columbia Heights, inspected the property described above and noted three violations. A compliance letter listing the violations was mailed by regular mail to the owuer at the address listed on the Rental Housing License Application. 2. That on August 29, 2006, inspectors for the City of Columbia Heights, reinspected the property and noted three violations remained uncorrected. A statement of cause was mailed via regular mail to the owuer at the address listed on the rental housing license application. 3. That on September 18, 2006, inspectors for the City of Columbia Heights, performed a [mal inspection at the property and noted three violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: a. Failure to correct RMC violations. The violations are as follows; i. Shall repair the retaining wall that is next to the 672 address that is rotted, loose and unsafe. ii. Shall remove the dead bush from the front of the property. iii. Shall cut/trim/tall grass weeds in the back. b. Failure to schedule a interior/exterior rental license renewal inspection. City Council Minutes September 25, 2006 Page 6 of 14 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F78l9A 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) Public hearing for rental license revocation at 4639-41 Washington Street N.E. Removed D) Abatement public hearing at 4559 Washington Street - Removed D) Adopt Resolution No. 2006-160, declaring property at 4440 Jefferson Street a nuisance and approving abatement of violations Gorman asked to close this hearing as the property has come into compliance. Mayor Peterson closed the hearing. Nawrocki questioned a broken piece of sidewalk at this location that has been damaged all summer. Fehst stated that is possibly part of the miscellaneous concrete work. Young stated that it is on the list to be repaired this fall. E) Adopt Resolution No. 2006-161 declaring property at 4147 Washington Street a nuisance and approving abatement of violations Gorman stated this property also came into compliance today. Mayor Peterson closed the hearing. Nawrocki stated that repair work is needed in the alley. F) Adopt Resolution No. 2006-162, declaring property at 4418 ih Street a nuisance and approving abatement of violations Motion by Kelzenberg, second by Williams, to waive the reading of Resolution No. 2006-162, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2006-162, a resolution of the City Council of the City of Columbia Heights declaring the property at 4418 7th Street N.E. 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 2006-162 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 Joseph Clason (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4418 7th Street N.E. 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 regular mail to the owner of record on August 31, 2006 City Council Minutes September 25,2006 Page 7 of 14 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 July 18,2006 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 31, 2006, inspectors reinspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on September 18,2006, inspectors reinspected the property and found that two violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall paint any bare wood trim on the garage. B. Shall seed/sod/landscape bare area next to driveway in the rear. 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 4418 7lh Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 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 4418 7lh Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. G) Adopt Resolution No. 2006-163, declaring property at 4915 7th Street a nuisance and approving abatement of violations Gorman stated there are three outdoor violations on this property. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2006-163, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-163, a resolution of the City Council of the City of Columbia Heights declaring the property at 4915 ih Street N.E. 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 2006-163 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 Jean Peterson (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4915 ih Street N.E. 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 regular mail to the owner of record on August 29, 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 City Council Minutes September 25, 2006 Page 8 of 14 1. That on July 20,2006 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 29, 2006, inspectors reinspected the property listed above. Inspectors noted that three violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on September 13, 2006, inspectors reinspected the property and found that three violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall remove outside storage from property including pallets and mattress along south side of garage. B. Remove scrub growth and tall weeds from along fence and house. C. Repair wooden fence on the south side of the property. 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 4915 ih Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 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 7th Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. H) Adopt Resolution No. 2006-164 declaring property at 4124 5th Street a nuisance and approving abatement of violations Gorman stated this property is missing a garage door window. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution No. 2006-164, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Ke1zenberg, second by Williams, to adopt Resolution No. 2006-164, a resolution of the City Council of the City of Columbia Heights declaring the property at 4124 5th Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. Nawrocki stated that 4410 is being cleaned up today. Gorman stated the family is doing the work on Fairway Drive. RESOLUTION 2006-164 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 Debra Paulson (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4124 5th Street N.E. 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 regular mail to the owner of record on August 31, 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 City Council Minutes September 25, 2006 Page 9 of 14 1. That on July 26, 2006 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 31, 2006, inspectors reinspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on September 18, 2006, inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: a. Shall replace the missing garage door window. 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 4124 5th Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 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 4124 5th Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions Adopt Ordinance No. 1513, being an ordinance pertaining to tobacco regulations. Motion by Kelzenberg, second by Williams, to waive the reading of Ordinance No. 1513, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Diehm asked Police Chief Tom Johnson to give a description of this ordinance. Chief Johnson stated that the Finance Director was asked why Sarna's Tobacco was exempt from our ordinance allowing self-service sales. Upon checking it was discovered they did have self serve, which does not comply with City Code. They owners explained that they were following State Statute. Johnson stated that this ordinance would match State law. The owners have agreed to not allow anyone under 18 years of age in the store. They did fail a compliance check last year. Johnson stated fines were imposed upon the clerk and the business. Peterson stated that St. Anthony also follows State Statute. He indicated that he saw two young people removed from that store. Motion by Kelzenberg, second by Williams, to adopt Ordinance No. 1513, being an ordinance amending Chapter 5, Sections 5.306, 5.307 and 5.308 ofthe City Code ofthe City of Columbia Heights pertaining to tobacco regulations. Upon vote: All ayes. Motion carried. ORDINANCE NO. 1513 BEING AN ORDINANCE AMENDING CHAPTER 5, SECTIONS 5.306, 5.307 AND 5.308 OF THE CITY CODE OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO 'TOBACCO REGULATIONS" The City of Columbia Heights does ordain: Chapter 5, Sections 5.306, 5.307 and 5.308, of the Code of Ordinances of the City of Columbia Heights shall read as follows, to wit: * 5.306 PROHIBITED SALES. It shall be a violation of this article for any person, or employee or responsible party, to sell or offer to sell any tobacco, tobacco product, or tobacco related device: City Council Minutes September 25, 2006 Page I 0 of 14 (A) To any person under the age of 18 years. (B) By means of any type of vending machine. (C) By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premise in order to receive the tobacco, tobacco product, or tobacco related device and whereby there is not a physical exchange of the tobacco, tobacco product, or tobacco related device between the licensee, or the licensee's employee, and the customer. This subdivision shall not apply to retail stores which derive at least ninety percent (90%) of their revenue from tobacco and tobacco related products and which cannot be entered at any time by persons younger than 18 years of age. (D) By means ofloosies as defined in * 5.302. (E) Containing opium, morphine, jimpson weed, bell a donna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. It is not the intention of this provision to ban the sale of lawfully manufactured cigarettes or other tobacco products. (F) By any other means, to any other person, or in any other manner or form prohibited by federal, state or other local law, ordinance provision, or other regulation. (Ord. 1371, passed 5-11-98) Penalty, see * 5.313 * 5.307 VENDING MACHINES. It shall be unlawful for any person licensed under this article to allow the sale of tobacco, tobacco products, or tobacco related devices by the means of a vending machine. This subdivision does not apply to vending machines in facilities that cannot be entered at any time by persons younger than 18 years of age. (Ord. 1371, passed 5-11-98) Penalty, see * 5.313 * 5.308 SELF-SERVICE SALES. It shall be unlawful for a licensee under this article to allow the sale of tobacco, tobacco products, or tobacco related devices by any means where by the customer may have access to such items without having to request the item from the licensee or the licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco product, or the tobacco related device between the licensee or his clerk and the customer. All tobacco, tobacco products, and tobacco related devices shall either be stored behind a counter or other area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. Any retailer selling tobacco, tobacco products, or tobacco related devices at the time this article is adopted shall comply with this section within 90 days following the effective date of this article. This subdivision shall not apply to retail stores which derive at least eighty percent (80%) of their revenue from tobacco and tobacco related products and which cannot be entered at any time by persons younger than 18 years of age. 2) Adopt Resolution No. 2006-167, being a Resolution to deny a Conditional Use Permit for Outdoor Storage at 4849 Central Avenue Jeff Sargent, City Planner, stated this item was tabled at the last Council meeting for consideration of material types for the enclosure/screening. Sargent stated that the owner requested a 16 foot cyclone fence to screen a semi-trailer. Sargent feels that this would not follow the intent of our code. Therefore, the recommendation is to deny the conditional use permit. Nawrocki stated that he commented at the last meeting about trash on the outside of their container and there is still trash there and in the back, and the alley behind the building was blocked with shelving. This would be a problem for the fire department. Diehm stated her pleasure that staff looked into this further. We have tried to build a great development in that area and want businesses in the area to work to make the area better. Peterson stated he has continually witnessed poor conditions at this site and stated that the owner of this business has not worked with the developer on two different occasions. He suggested they build another building rather than have outdoor storage. City Council Minutes September 25, 2006 Page J I of 14 Sargent stated he also addressed concerns on the south side of the building to the owner. The owner claims that is part of the everyday storage. He was told that was in violation of the ordinance and would be cited if not cleaned up. David Van Buckle, District Manager for Savers in Minneapolis, indicated that the carts are for daily use to bring in supplies. Regarding outdoor storage, he indicated that the trailer is for recycling purposes and the fence would cover the trailers except for the tops. Peterson stated that the track record around the area and the owner's behavior should not be rewarded. Diehm congratulated their recycling efforts, but suggested using another entrance where people would not be allowed to dump items. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2006-167, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Nawrocki, to adopt Resolution No. 2006-167, denying a conditional use permit for outdoor storage for the business located at 4849 Central A venue. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2006-167 RESOLUTION OF DENIAL FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR SA VERS, INe. WHEREAS, a proposal (Case # 2006-0901) has been submitted by Savers, Inc. to the City Council requesting a Conditional Use Permit for outdoor storage from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4849 Central Avenue LEGAL DESCRIPTION: On File at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.112 (D)(2), to allow outdoor storage in the MXD, Mixed-Use District. WHEREAS, the Pla..'llling Commission has held a public hearing as required by the City Zoning Code on September 6, 2006; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of ftre, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council does accept and shall adopt the following ftndings of the Planning Commission: (a) 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. Outdoor storage is speciftcally listed as a Conditional Use in GB, General Business District in the City of Columbia Heights. The MXD District allows all Conditional Uses that are listed within each commercially zoned district. (b) The use is in harmony with the general purpose and intent of the comprehensive plan. The intent of the Comprehensive Plan is met in this case. The land is designated for Transit-Oriented Development. This type of commercial use is consistent with the types of commercial uses in a transit-oriented development. (c) The use will not impose hazards or disturbing influences on neighboring properties. The outdoor storage will not be satisfactorily screened from adjacent properties, thus would impose negative influences on neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. The required setbacks for outdoor storage for the proposed CUP would help ensure that the uses of properties in the immediate vicinity would not be diminished in any capacity. (e) 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. City Council Minutes September 25, 2006 Page 12 of 14 The outdoor storage will not be satisfactorily screened from adjacent properties, and is not designed in a manner that is compatible with the appearance of the existing or intended character off the surrounding area. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. The property located at 4849 Central Avenue meets this criterion. (g) 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. The nature of outdoor storage does not and will not generate an excess of traffic, and will not create traffic congestion. Measures will be taken to ensure that on-site circulation is provided. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. The outdoor storage will not be satisfactorily screened from adjacent properties, and will cause a negative effect with other uses in the immediate vicinity. (i) The use complies with all other applicable regulations for the district in which it is located. The proposed use will comply with all other applicable regulations for the district. FURTHER, BE IT RESOLVED, that said variance requests are denied based on the following: 1. The use is not designed in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 2. The use is not adequately screened from adjacent properties. ADMINISTRATIVE REPORTS Report of the City Manager . Referred to an article in the September 4 Star Tribune on the Nedegaard redevelopment site in Columbia Heights. It was a great article and positive for our city. . Meet with inner ring cities to work with other suburbs and with student councils in a social event to promote our welfare; discuss depleting our revenue source, inability to acquire land, and tax classifications. Referred to the current small difference between homestead and non-homestead properties. Now when people are unable to sell their homes, they rent them. There will be a follow up meeting at the end of November. Suggested Councilmembers attend. He discussed wireless networking with Minneapolis. He referred to legislative discussions with these cities and the importance that our voice be heard. . The AMM and Association of Metropolitan School Districts will meet for a candidates forum at New Brighton City Hall on October 26 for House District 50A and SOB at 7:00 p.m. Invited Councilmembers to attend. . Referred Homeland security training, that Councilmembers are required to attend, on Thursday morning, or the training is available online. We need to confinn to the State our compliance to receive federal funds. Nawrocki . Questioned the status of the study on utility rate increases. . A resident indicated concern to him regarding the Waggemon property. Fehst stated staff met with them and discussed parking and property conditions. A maintenance code for the industrial and commercial areas may be considered. Some of the vehicles are old and in bad shape. . Where is the auto lot sales ordinance at; referenced the University car lot. Fehst stated that was brought to Council for review and we continue to work on it. . 3841 3rd Street - cars and junk in the yard on the north side ofthe building. . Will there be an update on the Charter question and how will information be disseminated. Fehst stated that the Chairman of the Charter Commission was at the work session with the information. Had questions of bias in the material presented. It was a shame the information was not included in the water billing cycle. We need to show residents the question, not pros and cons to avoid bias. Fehst stated that the Chairman would attend the October 9 meeting with this information. Some Councilmembers indicated that the attorney should review this information. City Council Minutes September 25, 2006 Page 13 of 14 . Do a better job on budget information in the winter city newsletter. . Requested infonnation on the conference attended by the City Manager in San Antonio. Fehst referred to the WiFi meeting, indicating that just because a franchise was awarded to Minneapolis does not mean there would not be costs to us. He referred to networking with other managers, the keynote speakers, and the need to plan in an environmentally sustainable way. He referred to building with a green roof. Fehst stated that his peers recognized him for his 35 years of service in the international city manager business. Williams . Asked if the house two up from the one being rebuilt on Cleveland is owned by the same gentleman that owns the house on Jefferson where they work on cars. Fehst indicated that it might be the same owner. Peterson thanked him for his report and congratulated him on the recognition of his 35 years of service. Report of the City Attorney - nothing to report CITIZENS FORUM - none COUNCIL CORNER Kelzenberg . Read from the green sheet on accomplishments of the Fire Department. . Jill Goodsill, a Columbia Heights resident, received one of five national teacher awards. WCCO did a news report and article, which he read. She received a complimentary makeover and a $35,000 school room makeover for her autistic students. Williams . Email from Mark Hinrichs, to alert citizens that the property tax rebates are coming out. . In the green sheet, Xee1 Energy is putting additional lights at Silver Lake Beach - it should be a priority to fix up this area. Fehst described the current responsibilities at the beach, but it should be discussed. . The Holiday Kick off party will be November 25. There will be a raffle for a four-wheeler. . There was a good turn out for the primary election. . Continue to pray for the peace and health of our citizens. Peterson . Make a Difference Day is Saturday, October 28th. Groups or individuals can do projects. The Rising to New Heights group asks that you register your projects with them by November 1. Our City employees take part in this project. Ted Landwehr and Carole Blowers will tape a cable TV show on this project. It is a day to help out your neighbors. . Read the list from May 2005 to 2006 of donations by the Columbia Heights Boosters. These donations are possible through charitable gambling proceeds. He encouraged citizens to join this group. . Our Sister Cities Committee will host a fund raising dinner for the Lomianki Children's Hospital on October 15th . We visited the hospital last year and saw first hand the need for help and repair. The event will be sponsored by Bobby and Steve's Auto World. . October 9 is the final date to purchase engraved bricks to be placed at the Peace Tower. City Council Minutes September 25, 2006 Page 14 of 14 . Don't forget our service men and women around the world. Expressed his thanks for their service and asked everyone to keep them in our prayers. Diehm . October 6th is Columbia Heights Homecoming. . October ih will be the Parkview Villa Bazaar. . October 13 will be the Crest View Gala. . October 14 will be the Fire Department Open House. . Throughout the summer there have been additional funds appropriated for police coverage in the Grid 8 area. That concludes at the end of the summer. Contacts/events are listed weekly in the green sheet. Additional patrolling in this area has been helpful. Council should consider additional policing in the area during the winter. Nawrocki . There are many organizations that also contribute and do many good things for our community, such as the Lions, Kiwanis, VFW, parent organizations at schools, and scout groups. . Received a call from a resident that people came to her home with blacktop that they would be willing to give her, but then others showed up and said they were repaving and told her they would charge her. He advised her to call the police. The police arrived to find that the contractor was not licensed. It is a scam. Advised residents to be careful. Peterson stated, "Don't take ourselves too seriously and do a random act of kindness". ADJOURNMENT Mayor Peterson adjourned the meeting at 8:50 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary