Loading...
HomeMy WebLinkAboutJune 26, 2006 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL JUNE 26, 2006 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, June 26,2006 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Present: Mayor Peterson, Councilmember Diehm, Councilmember Nawrocki, Councilmember Kelzenberg Absent: Councilmember Williams Peterson stated that Pastor Law requested a Proclamation for our Armed Service members for July 4th. Pastor Law's son is celebrating his 21 5t birthday today in Iraq. Peterson indicated that this Proclamation could be read at the next meeting. Rev. Peter Law, Community United Methodist Church gave the Invocation. PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA A. Authorize funds for maintenance inspection summer hours. Fehst stated that the inspection summer hours was discussed at the work session and the resolution was distributed tonight for item 5A 7 Prestemon Park lighting. Peterson stated the inspection item would be 7 A2, Items for consideration. Nawrocki asked to add the matter of road work on University Avenue between 43rd and 53rd. Peterson stated that would be 7 A3 Items for consideration. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS Recognition - Rising to New Heights recognition of Bruce Nedegaard Peterson introduced Mickey Rooney, of the Rising to New Heights organization. Rooney awarded Bruce Nedegaard the first Rising to New Heights Outstanding Achievement Award. He thanks the Council for the opportunity to present this award and stated Mr. Nedegaard's contributions to our community. Rooney also indicated Mr. Nedegaard's involvement as the co-founder ofthe Rising to New Heights organization, to enhance the image of Columbia Heights. Mr. Nedegaard thanked Mr. Rooney, Ms. Barnes, and Mr. Landwehr. He thanked the City Council and staff for working with the Rising to New Heights group. He referred to the clock tower dedication and the commitment to bring the many different ethnic groups of our community together. He thanked St. Timothy Church members for being present to support him. Ted Landwehr stated that this award will now be known as the Bruce Nedegaard Award. CONSENT AGENDA Fehst took Councilmembers through the consent agenda items. 1) Approve City Council Meeting Minutes for June 12, 2006 regular City Council meeting - removed 2) Accept Boards and Commissions Meeting Minutes a) Motion to accept the minutes ofthe June 6, 2006 Library Board meeting. b) Motion to accept the minutes of the June 5, 2006 Traffic Commission meeting. 3) Accept proposal from SEH for a Utility Rate Study - removed City Council Minutes June 26, 2006 Page 2 of 16 4) Accept proposal from Bolton and Menk Professional Services Agreement for Engineer Inspection removed 5) Approve the Easement Agreement with 455 3ih Avenue, LLC for Huset Parkway, City Project 0404 Motion to approve the easement agreement between the City of Columbia Heights and 455 37th Avenue NE, LLC for permanent and temporary easements to the City and exchange agreement between City and 455 3ih Avenue NE, LLC for City Project #0404, Huset Parkway. 6) Adopt Resolution No. 2006-77 being a Resolution Authorizing a Municipal Agreement with MnlDOT for Drainage Improvements on Central Avenue TH 65 Motion to waive the reading of Resolution No. 2006-77, there being ample copies available to the public. Motion to adopt Resolution No. 2006-77, being a resolution authorizing the City of Columbia Heights to enter into Cooperative Agreement No. 89683 with MnDOT for Central A venue, TH 65, drainage improvements, City Project #0405. RESOLUTION NO. 2006-77 BEING A RESOLUTION AUTHORIZING THE CITY OF COLUMBIA HEIGHTS TO ENTER COOPERATIVE AGREEMENT NO. 89683 WITH MNDOT FOR DRAINAGE IMPROVEMENTS TO T.H. 65, CENTRAL AVENUE, SOUTH OF 49 TH AVENUE CITY PROJECT # 0405 WHEREAS, the Columbia Heights City Engineer has prepared final plans and specifications for the improvement of drainage structures on Central Avenue near 49th Avenue to 48th Avenue, City Project 0405; and WHEREAS, MnDOT has designated the improvements as SP 0207-48 and SAP 113-010-12; and WHEREAS, Mn/DOT Cooperative Agreement Funds and City's Municipal State Aid account shall provide the funding for the proposed improvements; and WHEREAS, MnDOT has secured funding in the amount of$108,000 for the project and has prepared Municipal Agreement Number 89683 for the making of the improvements; and, WHEREAS, the improvements will benefit MnDOT's Trunk Highway drainage system. BE IT RESOLVED that the City of Columbia Heights enter into Mn/DOT Agreement No. 89683 with the State of Minnesota, Department of Transportation for the following purposes: To provide for Lump Sum payment by the State to the City of the State's share of the costs of the storm sewer improvements and minor bituminous paving construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 65 300 feet south of 49th Avenue within the corporate City limits under State Projects No. 0207-84 (T.H. 65=005) and No. 113-010-12 BE IT FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the Agreement and any amendments to the Agreement. 7) Adopt Resolution No. 2006-78, being a Resolution authorizing a Joint Powers Agreement with the City of Rogers for the Cooperative purchase of Athletic Field Lighting for Prestemon Park - removed 8) Approve the items listed for rental housing license applications for June 26, 2006 Motion to approve the items listed for rental housing license applications for June 26, 2006. 9) Approve Business License Applications City Council Minutes June 26, 2006 Page 3 of 16 Motion to approve the items as listed on the business license agenda for June 26,2006 as presented. 10) 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 117512 through 117656 in the amount of$1,090,126.64. Motion by Kelzenberg, second by Diehm to approve the Consent Agenda items as follows: without 1, 3,4, 7. Upon vote: All ayes. Motion carried. 1. Approve City Council Meeting Minutes for June 12, 2006 regular City Council meeting Re saran development Nawrocki referred to discussion dealing with the Sarna development and stated he had commented at the meeting of a conflict of interest with the Barna Guzy Law firm as our firm and representing the Sara development. He stated that he also commented that the City Manager was representing the developer more than he thought the Manager should. Nawrocki stated that the Manager shouted that he was out of order sir, I hold you personally responsible for your statement, you will talk to my attorney, and how dare you. Nawrocki stated that he was not allowed to finish expressing his opinion as to how the matter was being handled and the minutes should reflect the interruption. Motion by Kelzenberg, second by Diehm, to approve the minutes of the June 12,2006 regular City Council meeting. Upon vote: All Ayes. Motion carried. 2. Accept proposal from SEH for a Utility Rate Study removed Nawrocki said that just a couple of years ago we did a five year study for $28,000; now two years later you want $9,000 for the same consultant to review his work. We should save the money and review the fees ourselves. Motion by Kelzenberg, second by Diehm to accept the proposal from SEH for a Utility Rate Study Update based upon their proposal dated February 28,2006, in an amount not-to-exceed $9,100; and, furthermore, to authorize the Mayor and City manager to enter into an agreement for the same. Upon vote: Kelzenberg, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 3 ayes - 1 nay. Motion carried. 3. Accept proposal from Bolton and Menk Professional Services Agreement for Engineer Inspection Nawrocki stated this was not part of the budget, and is concerned that we are not looking for cost effective ways to do business. He indicated there are ways to get more cost effective service such as hiring a part time retired inspector, referring to the retired New Brighton Public Service Director. Diehm stated this is not a long term solution. We will only use them as long as we need to, which not paying benefits and not putting projects on hold while we fill the position. Kelzenberg listed the funding areas this would come from. Hansen stated they are State aid projects that will fund the majority of this position with only a small part being administrative work and funding. A position has not been filled since the end of May, which has saved funds that will be used. Motion by Diehm, second by Kelzenberg, to accept the proposal from Bolton and Menk for the Engineering Inspection Services based upon their low, qualified proposal dated May 25, 2006, in City Council Minutes June 26, 2006 Page 4 of 16 an amount not-to-exceed $52,560; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Nawrocki stated that the Center for Transportation Study has an article on roundabouts. Tim Utes 556 40th A venue, questioned if this an RFP for the Bolton agreement. Hansen stated it was essential qualification based Upon vote: Kelzenberg, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 3 ayes -1 nay. Motion carried. 7. Adopt Resolution No. 2006-78, being a Resolution authorizing a Joint Powers Agreement with the City of Rogers for the Cooperative purchase of Athletic Field Lighting for Prestemon Park Hansen stated there was a cooperative bid in 2004 by the City of Rodgers, on a state wide basis, for cities and school districts for lighting. That Joint Powers Agreement expires at the end of August. Nawrocki spoke against it, stating it is a $60,000 contract, with $15,000 to $20,000 for electric work that is not in the budget. There are other considerations that will need funding like the pedestrian bridge that would require $1 to $1.5 million local dollars. Local government aid is expected to be $300,000 less than last year. Last year we drew down our reserves and placed $4 million in a possible community center fund. We can not continue to spend without looking at the budgetary consequences. Diehm asked Hansen where the money would come form. Hansen stated it will come from the 881 fund; recreation projects. Nawrocki stated that the accumulated funds were donated to help pay for program fees for families that could not afford them, but instead they used tax dollars for this so this fund built up. With the potential problems in next year's budget, that money might well serve a better purpose used for recreation programs. Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution No. 2006-78, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2006-78, being a Resolution authorizing the City of Columbia Heights to enter into a Joint Powers Agreement with the City of Rogers for bidding of various athletic field lighting within the State of Minnesota. Diehm stated that the decision to do this was made at a previous Council meeting. The only decision tonight was to save money by participating in a Joint Powers Agreement. Upon vote: Kelzenberg, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 3 ayes - 1 nay. Motion carried. Motion by Kelzenberg, second by Diehm, to authorize the purchase of athletic field lighting for Prestemon Park in the amount not-to-exceed $62,918 from the Rogers Multi-City Joint Powers Agreement. Upon vote: Kelzenberg, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 3 ayes -1 nay. Motion carried. RESOLUTION NO. 2006-78 BEING A RESOLUTION AUTHORIZING THE CITY OF COLUMBIA HEIGHTS TO ENTER INTO A JOINT POWERS AGREEMENT WITH THE CITY OF ROGERS WHEREAS a cooperative purchasing program is available in the State of Minnesota for athletic field lighting and is City Council Minutes June 26, 2006 Page 5 of 16 administered through the City of Rogers and WHEREAS the Park and Recreation Commission passed a unanimous motion to recommend installation of athletic field lighting at Prestemon Park and NOW, THEREFORE, BE IT HEREBY RESOLVED by the City of Columbia Heights that the Mayor and City Manager are authorized to enter into a Joint Power Agreement pursuant to Minnesota Statutes Section 471.59 for bidding of various athletic field lighting within the State of Minnesota PUBLIC HEARINGS 1. Adopt Ordinance No. 1509, being an Ordinance pertaining to Chapter 2, Section 7 of the City Charter, "F orm of Government". Jim Johnson, 4216 7th Street, and Charter Commission member, stated that with a ward system the city would enjoy a wider diversity. One councilmember that was running was told him that he did not campaign in apartments because they don't vote. He indicated that the representative would stop to visit, or be more involved ifthey lived in their area. The difference in this system is there would be the Mayor and two members representing the city at large. This should not be considered detrimental, but with the city's best interests in mind. Joann Student, 1615 49th Avenue, asked if the wards and additional councilmembers could be split on the ballot. Peterson stated this was asked at a work session and the Charter President stated they were being presented together. Jim Hoeft, City Attorney, stated the items could be separate, but it was discussed and was the decision of the Charter Commission that it would be an all or nothing proposal. Nawrocki stated this would add $35,000 to the budget. Representatives of wards would look to the wards and less to the city. He referred to the Krock funds available to the Salvation Army, which caused a dispute between Northeast and North Minneapolis Wards, with the funds finally going to St. Paul. People he spoke to like that they can call any representative on the council to talk to them. Tn'" <;;:tnr,.:l",,,,,,nt <;;:r LlQLlQ 7th <;;:tr",,,,t l\TP "t",t",,.:I th,,, u,nn1,.:1 nn1., h", ",n "',.:I""'nt"'.....'" tA th", I"',t" ~'" "t",t",,.:I h,,, .,"""" ...................'-.I._"U.l...... ............., ....U...IV' I.J......__.. J.,..L-I, ...,.........""'''-1. 1.1-.1..1...., v"vu....~ '-'..L..l.l.J v..... """....... .....\".1. "......1...l.."0"" ..v LL.J,._ ""L".J- ...1...1._ u..""'..""...... .I..I..l.U belief that Councilmembers receive $7,500 per years, so it would only be an additional $16,000 per year, with the only other cost being retirement funding, as most members already have health insurance. Sturdevant stated that knowing someone makes it easier to go to him or her. He encouraged adoption ofthe ordinance so it would not have to go to a vote of the people. Motion by Kelzenberg, second by Diehm, to close the hearing and waive the reading of Ordinance No. 1509, an ordinance pertaining to Chapter 2, Section 7 ofthe City Charter, "Form of Government", there being ample copies available to the public. Upon vote: All Ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Ordinance No. 1509, an ordinance pertaining to Chapter 2, Section 7 of the City Charter, "Form of Government". Diehm stated this would require a unanimous vote to be approved. Peterson stated that a mini vote would give an indication. Nawrocki asked if Councilmembers Williams was expected tonight. Peterson stated that Williams would not be present. Upon vote: Kelzenberg, nay; Diehm, nay; Nawrocki, nay; Peterson, nay. 4 nays. Motion failed. . Peterson stated that this vote was not a surprise to the Charter Commission and they will now take it to their commission for consideration to be placed on the November ballot. 2. Adopt Resolution No. 2006-79, being a Resolution declaring 4232 5th Street a nuisance and approving abatement. City Council Minutes June 26, 2006 Page 6 of 16 Fire Chief Gorman stated the violations go back to the Fall of2005. The only violation remaining are landscape materials in the back yard. He showed pictures of the yard. The Council has already given gave the homeowner several weeks to clean up the back yard. They basically moved the material around the comer. Peterson asked if anyone was present to represent the property. Allen Wiggins, 4252 5th Street, stated he has lived here for 19 years and has completed extensive landscaping on the property. Two years ago he had an arson garage fire, losing one-quarter of a million in assets, which resulted in depression. He has now begun to work on the property again. Wiggins stated that he met with Asst. Chief Larkin a week ago and requested an extension until October 31. Peterson stated this property has been problematic for the neighbors. Wiggins stated he was a mineralist and an active scrap metaler, but the items would be part of the landscaping. Gorman requested that the abatement go through, but if there is progress on the property the department will work with the owner. Last year he was given an extension and just hid the debris from us. Peterson stated that there is still considerable debris in the picture. He felt it was time to draw the line. Nawrocki asked if the rocks around the tree are special. Wiggins stated they are hand picked, and he polishes them to give to children or to use in his backyard. Kelzenberg said if it was true that Wiggins had added to the number of rocks since the last extension was granted. . Wiggins stated he added marble slab pieces for a path to the garage and has added some rock to his collection. Kelzenberg stated he wanted to make sure that the owner made progress on the cleanup over the summer. He stated that neighbors have complained, and we are trying to clean up the whole city. We would like it cleaned up as soon as possible. Motion by Kelzenberg, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2006-79, there being ample copies avaiiable to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2006-79, a resolution of the City Council of the City of Columbia Heights declaring the property at 4232 5th 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. Wiggins asked for July, August, and September to complete the work. Peterson stated that he would have to work with Asst. Chief Larkin on this. RESOLUTION 2006-79 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Alan Wiggins (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4232 5th Street NE. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified and regular mail to the owner of record on May 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: City Council Minutes June 26, 2006 Page 7 of 16 FINDINGS OF FACT 1. That on December 21,2005, an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on January 3 and January 18, 2006, inspectors reinspected the property listed above. Inspectors noted the one violation remained uncorrected. 3. That on February 13,2006, inspectors reinspected the property and found that part of the violations remained uncorrected. A seasonal extension was granted. 4. That on May 31, 2006, inspectors reinspected the property listed above. Inspectors noted that the violation remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 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 have all landscaped areas of the property and all landscaping materials in place by May 31, 2006. b. Shall stain/seal/paint the bare wood trim on the garage by May 31, 2006. 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 4232 5th Street NE. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4232 5th Street NE. constitutes a nuisance pursuant to City Code. 2. That a copy of this resolution/order shall be served upon all relevant parties and parties in interest. 3. That any motion for summary enforcement shall be served upon all relevant parties and parties in interest. 4. That all service provided for herein shall be in accordance with Minnesota Statute 483.17, subd. 2 3. Adopt Resolution No. 2006-80, being a Resolution declaring 4636 Fillmore Street a nuisance and approving abatement. Gorman stated there is a parking area with a space around it that was not paved and parked on it. We ask that they landscape it or pave it. Peterson asked ifthere was anyone present representing the property. There was not. Motion by Nawrocki, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-80 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2006-80, a resolution ofthe City Council of the City of Columbia Heights declaring the property at 4636 Fillmore 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 2006-80 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 Lidia Gladys Cumbe and Olguer O. Ovillo (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4636 Fillmore 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. City Council Minutes June 26, 2006 Page 8 of 16 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 10, 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 May 18, 2006, inspectors reinspected the property listed above. Inspectors noted the two violations remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 3. That on June 20, 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 Ordinance(s) were found to exist, to-wit: A. Shall install sod/seed/landscape material on the large dirt parking area in the rear of the property. You cannot park on unpaved areas, all parking areas must be hard surface, asphalt or concrete. 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 4636 Fillmore 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 4636 Fillmore 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 4. Adopt Resolution No. 2006-81, being a Resolution declaring 1815 42nd Avenue approving revocation. Gorman stated that the owner scheduled an inspection he did not show up for and has not scheduled another inspection. Peterson asked if there was anyone present representing the property. There was not. Motion by Nawrocki, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-81, there being ample copies available to the public. Upon vote: All Ayes. Motion carried. Motion by Nawrocki, second by Kelzenberg, to adopt Resolution No. 2006-81, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5A.408(A) of the rental license held by Dale Boxrud regarding rental property at 1815 42nd Avenue NE. Upon vote: All Ayes. Motion carried. RESOLUTION 2006-81 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SAA08(A) of that certain residential rental license held by Dale Boxrud (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1815 420d Avenue NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SAA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 1, 2006 of an public hearing to be held on June 26, 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: City Council Minutes June 26, 2006 Page 9 of 16 FINDINGS OF FACT 1. That on April 15, 2006, inspection office staff sent a letter requesting the owner of the property to re-license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on May 15, 2006, inspection office staff reviewed the property file and noted that the property remained unlicensed. On June 1, 2006 a Statement of Cause was mailed by certified mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: a. Failure to re-license the rental license for the property, failure to schedule a re-licensing inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7695 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. 5. Adopt Resolution No. 2006-82, being a Resolution declaring 4630 Taylor approving revocation Gorman stated this violation goes back to last August and were given an extension to June I st. There were tree stumps to remove. One is pulled out, but not removed. Peterson asked if there was anyone present representing the property. There was not. Motion by Nawrocki, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-82, there being ample copies available to the public. Upon vote: All Ayes. Motion carried. Motion by Nawrocki, second by Kelzenberg, to adopt Resolution No. 2006-82, Resolution of the City ,....., ., .rJl~~ ,.....,.J r',.....,_1~~"__1e-~_ TT_~_l_.L_ _"_a~__"_~"__ _~______.L~___ ____________.L.L_ ,.....,~.L__r"1_...J_ nL___.L_~J:'A L,uum.:u Ul lIll;; L,llY Ul L,UIUIIlOli:l nl;;lgIll~ ltpplUVIIIg II;;VUl.:ltLIUII pUr~UltIll LU L,lLY L,UUI;;, L,llltjJLl;;l Jrt, Article IV, Section 5AA08(A) of the rental license held by Gary Anderson regarding rental property at 4630 Taylor Street NE. Upon vote: All Ayes. Motion carried. RESOLUTION 2006-82 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 Gary Anderson (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4630 Taylor Street NE., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 1, 2006 of an public hearing to be held on June 26, 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 29, 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 8, 2005, inspectors for the City of Columbia Heights, inspected the property described above and noted that four violations remained uncorrected. A compliance order was mailed by certified mail to the owner listed on the rental housing license application. 3. That on January 17,2006, office staff granted a seasonal extension for the two remaining violations, until June 1, 2006. City Council Minutes June 26, 2006 Page 10 of 16 4. That on June 1, 2006, inspectors reinspected the property and noted that 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. 5. That on June 21, 2006, inspectors for the City of Columbia Heights, performed a fmal inspection at the property and noted one two violations remained uncorrected. A reminder was mailed via certified mail to the owner at the address listed on the rental housing license application. 6. 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. Shall remove the dead tree (tree stump) in the back yard...HOLE IS STILL IN THE YARD - SEVERAL SMALL TREE STUMPS REMAIN. b. Shall sod/seed/landscape all/any bare areas on the property. 7. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7918 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. 6. Adopt Resolution No. 2006-83, being a Resolution declaring 4643 Pierce Street approving revocation Gorman stated there were extensions given and they are now down to two items that are not completed, which are rusted gutters and rotted fascia boards. Peterson asked ifthere was anyone present representing the property. There was not. Motion by Diehm, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-83, there being ample copies available to the public. Upon vote: All Ayes. Motion carried. l\/JI"t,+...n...... h'T n~al,,'M"\ roo."^-r'1oA h.,.T Va.l"7o._l-H:u.,..... +" nr1rt._i- D a.C"'I"ln"'~^_ 1\.T" ''If\f\t:;. Q'1 D n.n^ln+~"_ _+...t.....,. ,...,~+...T .1-.....""...."'... U J JJJ.\..IJ.llJ.J., ~\"I"""\.J.uu t.J] ..n....\.d..L.\,.;lJ.U\..IJ.t;, LV auvpL J.'-\..I~VH..U"lVl.l 1 'Iv. kVVV-U..J, J..'\..\.I,::)Vlt..U.IVl.1 Vl. un,,.' '-'11..) Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) ofthe rental license held by Richard Meissner regarding rental property at 4643 Pierce Street NE. Upon vote: All Ayes. Motion carried. RESOLUTION 2006-83 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5AA08(A) of that certain residential rental license held by Richard Meissner (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4643 Pierce Place NE., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, 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 January 9,2006 of an public hearing to be held on May 31, 2006. A reminder notice was mailed by certified mail to all interested parties on June 22, 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 June 20, 2005, inspectors for the City of Columbia Heights, inspected the property described above and noted sixteen 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 July 29, 2005, inspectors for the City of Columbia Heights, granted a thirty day extension for the violations. 3. That on August 31, 2005, inspectors for the City of Columbia Heights, inspected the property and noted that eleven violations remained uncorrected. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. City Council Minutes June 26, 2006 Page II of 16 4. That.on September 19, 2005 and on October 12, 2005, inspectors inspected and granted an extension for the nine violations that remained uncorrected. 5. That on November 2, 2005, office staff granted a seasonal extension for the three remaining violations, until May 31, 2006. 6. That on May 31, 2006, inspectors reinspected the property and noted that 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 on June 21, 2006, inspectors for the City of Columbia Heights, performed a fmal inspection at the property and noted one two violations remained uncorrected. A reminder was mailed via certified mail to the owner at the address listed on the rental housing license application. 8. 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. Shall replace the rusted gutters. b. Shall replace the rotted fascia boards around the building. 9. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL I. The rental license belonging to the License Holder described herein and identified by license number F7731 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions Approval of Minor Subdivision with variances located at 4100 Reservoir Blvd. Sargent stated there would be no variances with this proposal. At the last meeting there were two variances requested. The applicant has decided to reconfigure the property so as to not require a variance. Sargent stated that both lots would meet the Code and width requirements as a minor lot division. Due to the refiguration of the lot line there will now be less park dedication fee required as outlined in the Resolution. Nawrocki stated this was tabled to received findings of fact to not approve the request. Sargent stated this resolution is only for a minor lot division and does not include any variances. Hoeft stated the item tabled was the lot split with the variance request, it is put back on the table. This does not mean you cannot consider the owner's request. What was put back on the table was the original request and now there is a new request. Kelzenberg questioned if this needs to go back to the Planning and Zoning Commission. Sargent stated that they had approved the original request and this is a diminished request. Kelzenberg asked if the owner was present. Sargent stated that the applicant was present. Diehm asked if the applicant approached the city or if the City recommended this action. Sargent stated that it was the cooperation of both parties to find an easier way to create a minor subdivision. Kelzenberg asked the owner if the intent was to build a house on the other lot. Resa, the applicant, stated it is a big lot. Kelzenberg stated that the elevation would seem to be a problem. Resa stated that the builder suggested a walk out basement. Kelzenberg asked where the parking would be for this lot. Resa stated it would be from the other side ofthe garage, as the left side is a proposed alley. Diehm is it up to the property owner to decide ifthey have access off the street or the alley. Sargent stated it would be by code and through Public Works. An alley has not been approved as it would be difficult to gain access offthe alley. He felt the owner was referring to where the garage would go, not the access. City Council Minutes June 26,2006 Page 12 of 16 Diehm referred to concerns from neighbors regarding access from 41 5t. Are there standards for the number of driveways in an area. Hansen stated that relative to other residential areas, there is no code requirement. Our concern would be that they are far enough back from a comer or stop sign. Diehm asked if this would be addressed through the permit process. Hansen stated that was correct. Motion by Diehm, second Kelzenberg to waive the reading of Resolution 2006-68, as modified, there being ample copies available to the public. Upon vote: All Ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2006-68, as modified, approving a minor subdivision at 4100 Reservoir Boulevard, subject to the conditions stated in the Resolution. Diehm stated that this is about the third or fourth time that we have had requests for minor lot division, where neighbors express concerns. As our Code is they meet requirements and are allowed to do this. Maybe we should look at our City Code and see if the lot sizes are what we want them to be. Upon vote: All Ayes. Motion carried. RESOLUTION NO. 2006-68 RESOLUTION APPROVING A MINOR SUBDIVISION WITH CERTAIN CONDITIONS FOR RIAZ SHAD WHEREAS, a proposal (Case No. 2006-0602) has been submitted by Riaz Shad to the City Council requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: 1400 Reservoir Boulevard EXISTING LEGAL DESCRIPTION: On File at City Hall PROPOSED LEGAL DESCRIPTION: On File at City Hall THE APPLICANT SEEKS APPROVAL OF A MINOR 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 kolA +""'0 ..orn..~...o...1 '""uJ....l;...... ....a..........;.....~ .......... +1-.;... ................................1 ............ Tn.......... I"')t;: '"'If\f\t: U"-'J.U UH... .l""'iUU\,.ou. puvu.... .ll,,-,u..l.ll.l15 VU WlJ.;) P.lVPVi:)u.J. v.u JUIH... "'"'v, ",",VVV. 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 subdivision of land will not result in more than three lots. 2. The proposed subdivision ofland does not involve the vacation of existing easements. 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. 4. The proposed subdivision does not require the dedication of public rights-of-way for the purpose of gaining access to the property. 5. The property has not previously been divided through the minor subdivision provisions of this article. 6. The proposed subdivision does not hinder the conveyance of land. 7. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. 8. The proposed subdivision meets all of the design standards specified in the *9.114. FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. CONDITIONS: 1. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 2. The applicant shall pay a park dedication fee in the amount of $4,611.60, due at the time of final approval by the City Council, and prior to any permits issued for the property. 3. The applicant shall dedicate an additional5-foot easement on the western property line of proposed Parcel B for drainage and utility purposes, to be approved by the City Engineer. Bid Considerations - none City Council Minutes June 26, 2006 Page 1 3 of 16 Authorize funds for maintenance inspection summer hours. Gorman stated this would be a way to inspect a lot of single family homes. We have not had the time to do them how they should be done. We do them by complaint and our complaints are on the rise. We want to take a more proactive approach. The intent is to do the bad properties with a lot of violations or obvious violations, and not to nit-pick homes. We see owners investing time into their properties, which is good, but we have properties that are not being maintained. This would allow an extra 20 hours a week, which would include time to process the paper work and follow-up. This we can make a difference in our town. We hear the same frustrations from neighbors and we want to address them. Previously, we inspected a quarter of the city each year, which did not work. We can not afford to slow down the current process of revocations and abatements. The request is capped at $11,000, but may be less depending on who is doing the inspections. Nawrocki stated that the inspection program seems to be going well. There has been tremendous improvement recently in the community. Why do we want to spend more time on this? There will be budget problems next year, and yet this would be built into that budget. A resident spoke, stating he moved here from North Minneapolis and wanted to say this would be money well spent. If these items are not address, your community will suffer. Nawrocki stated that we have been doing the job and we can continue with the money we are putting into the program. Peterson stated that residents are doing a good job, but we want to do better. This is driven by citizens a that call us and express their interest. He agreed, you can not let things fester. We want to be proactive, not reactive. Motion by Diehm, second by Kelzenberg, to authorize up to $11,000 in funds to be used by the Fire Department to conduct property maintenance inspections for up to 20 hours a week from July through September and to appropriate $11,000 from the General Fund unreserved fund balance to the 2006 Fire Department Budget for this purpose. Upon vote: Kelzenberg, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. 4 ayes. Motion carried. 45 to 53 University Avenue Nawrocki stated that we had approved a sea1coating project for this area this year and that is what we told people. At work session it was discussed to take this out of the budget with hopes to obtain State funding. He spoke to person that is vehement that something needs to be done this year. Another spoke of the fence with the comment that there are vines on the fence that deaden the sound. The sound walls on the Fridley side of University cause sound to bounce back to the Columbia Heights side. As decisions are not to be made at a worksession, what is being done? If staff intends not to proceed with seal coating, residents deserve to know. Fehst stated that we intend to notify everyone on the avenue, and will meet to talk about it. Ifthere is a strong inclination to go ahead, we may do it. He referred to the possibility of State funding and of the City of Fridley no longer helping on this. Nawrocki stated concern about the terrible job done cutting the grass along University and it was so long it looks like hay. Fehst stated that the contractor will again cut the cut grass. Fehst indicted that we are paying to have this cut, because the State is choosing not to cut it, like we require our citizens to do. Discussion on an activity center Nawrocki stated that residents should be informed on the activity center committee, the School District City Council Minutes June 26, 2006 Page 14 of16 proposal, and the Heritage Heights area. The School Board is discussing adding two gyms and a possible running track for $3+ million on to the existing high school, by the pool. Fehst stated they have $3.8 million to build the building. It would be one gym and no running track. The School Board's request is that we consider contributing $1.6 million. Fehst stated the request would be made available to the activity center committee. Nawrocki suggested the information be corrected in the activity center draft newsletter. He stated the newsletter is not correct, as we have an activity center in Murzyn Hall for the youth in our community. 45 to 53 University Avenue - continued Hansen stated that we knew University Avenue would have to be cut two or three times to get it to acceptable shape. Hansen stated it is the intent to meet with University service drive residents after July 4 to discuss the condition offence, condition of the roadway, and the grass cutting. In past years MNDOT eventually cut the grass, but we now received notice that MNDOT would only cut the grass once. They recognition their limitations, but are willing to work with cities with partial funding. Hansen recommended the roadway received, with MNDOT funding, a mil and overlay, to last 20 years, rather than a sealcoat lasting only six to eight years. Preparation would take until next year. Hansen suggested meeting with residents the week of July 10th. Nawrocki questioned the status of the LaBelle fountain. Hansen stated the fountain has been dismantled because of the condition. Restoration will be a budgetary item for 2007. Other Business Reconsideration of Mayor Pro Tern Peterson stated that it was brought to his attention that one and one-half year ado there were two nominations for Council President with discussion to split time of the term between the two. Peterson stated that as he was on prevailing side of the motion, he wished it brought up for reconside4ration. Motion by Peterson, second by Kelzenberg, to bring up for reconsideration appointment of the Council President. Nawrocki stated that he assumed it was put on the agenda by the Manager to slap his fingers because of the comments at the last Council meeting. Peterson indicated that the request was not from the City Manager. Upon vote: Kelzenberg, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 3 ayes - 1 nay. Motion carried. Motion by Kelzenberg, second by Peterson, to nominate Tami Diehm as Mayor Pro Tern. Diehm stated this was not a punishment. Originally this was discussed to cultivate leadership on the council. We recognize Councilmember Nawrocki's long history and role to serve and also respect that. We hope that you will allow us to cultivate leadership by allowing someone else the role. Nawrocki indicated the position does not do much and gave a historical quote. Upon vote: Kelzenberg, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 3 ayes -1 nay. Motion carried. Peterson indicated that it was noted that we missed the annual evaluation of our City Manager. He requested this date be set at the next meeting. ADMINISTRATIVE REPORTS Report of the City Manager Fehst reported that the Community Development staff received the ETAM award for the development City Council Minutes June 26, 2006 Page 15 ofl6 of the industrial property, for innovativeness, quickness, and staff initiative. This will be brought to Council to make a formal award. Fehst stated that $50,000 to $75,000 in for demo of the Apache theater with remaining Community Development Block Grant funds from Anoka County. Funds would be available if the project proceeds. There is a pre-development agreement with Len Pratt. Fehst stated that the Mayor had requested beautification and accessibility to the east side of Hart Lake. Fehst stated that we have done well with the new ordinance to speed the job of cutting weeds and long grass. F ehst commented and commended the School Board on their proposal to build a couple of gyms and work with us for our community. He pointed to their foresight to not include this with the referendum issue. We will try to schedule a meeting with the School Board as soon as possible. Nawrocki . Referred to the retirement ofthe Project Coordinator. Indicated that during the last budget session the Manager recommended the position be reduced to part time. With the Coordinator leaving, he asked to look at not replacing this position with a full time person. Fehst stated that we are looking at that and are not filling the position for right now. . Welch Company is looking at properties at 50th and Central for a liquor store site, and now they have a for rent sign by the old Color Tile store. They did not disclose they are also representing them. He requested to see the disclosure statement. Report of the City Attorney - nothing. CITIZENS FORUM Harold Hoium, 4315 5th Street, referred to the City "taking" his property. Hoeft indicated that we are not taking his property; we are abating hazardous structures. Time Utes, 556 40t\ thanked the Council for the great Jamboree events. He indicated his pleasure as a new resident and his hopes to spend many years here. COUNCIL CORNER Kelzenberg . Retirement of Mary Kloss and Jean Kuehn will be this Friday. Wished them well in their retirement . Nice parade, great carnival, the fireworks were the best in years, watched softball, 3 on 3 basketball. Everyone was having fun. Peterson . This was an exciting week, including the dedicated the clock. There were 150 to 175 people present. . The Lions Club did a great job with the parade. He had more excitement than he wanted, as he drives the Humanitarian of the Year. However, Mr. Finney passed out in his vehicle and was taken to the hospital. He then drove the vehicle for Anna Antus and her parents who are here from Poland. Hats off to Public Works and the Police Department; everyone pulled together. The fireworks were great. There was a car show on Sunday. A person displaying a car complimented the improvements to Central Avenue. . Suggested Columbia Heights begin a slogan, such as "its time for the Heights". People are still calling to see if they can get an engraved brick. . Don't take ourselves too seriously and do a random act of kindness. City Council Minutes June 26, 2006 Page 16 of I 6 Diehm . Thank Mary Kloss and Jean Kuehn for their years of service and wished them the best. . Thank the Lions Club and city staff for the success ofthe Jamboree. The issues we deal with are not always pleasant, and it is good to not lose site of the good things in our community Nawrocki . There is also a very different clock in front ofthe Rochester convention center. . Received a note from Julienne Wyckoff, head of the Columbia Heights Historical group, stating they are putting together a cookbook from people in Anoka County. He encouraged people to send their favorite recipes to Julienne or to him. . Read an anonymous letter which was negatively sided. He also read from the letter he sent to people during the last election indicating his desire for openness in government. He made that promise and makes no apology for that. ADJOURNMENT Mayor Peterson adjourned the meeting at 9: 18 p.m. f'.~- ~ f' ! //+. ..~ \(\ \ ~ \;</ c~~~~ I I \ ~ ,. (Patricia Muscovitz, CMC d Deputy City Clerk/Council Secretary