Loading...
HomeMy WebLinkAboutSeptember 10, 2007OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING SEPTEMBER 10, 2007 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, September 10, 2007 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Reverend Bob Lyndes, Crest View Communities, 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 Item 7D - 4124 5th Street, 7E - 3810-3812 3rd Street, 7G - 4517 Jefferson Street, and 7L - 3733 Reservoir Boulevard, as these properties have been brought into compliance. Nawrocki requested to add a report on the Activity Center. Fehst stated that item would be discussed at the next work session. PROCLAMATIONS PRESENTATION RECOGNITION GUESTS A. Introduction of new employees Police Chief Tom Johnson introduced Dana O'Brien, Clerk-Typist II -Police Department. Johnson gave her background stating that she grew up in Columbia Heights. She has a brother that works in our Fire Department. Dana stated her thanks and excitement to work for the city of Columbia Heights. Becky Loader, Library Director introduced Stacey Hendren, Clerk-Typist II -Library. Loader listed her background. Stacey stated that she has been a page at the library for the last year and is very excited for this opportunity. B. Proclamation declaring September 17 - 23, 2007 as Constitution Week Mayor Peterson read the Constitution Week Proclamation. This is the 220th Anniversary of the drafting of the Constitution. Sandra Connor and Joannie Moses, Daughters of the Revolution, read the Preamble to the Constitution. Peterson stated that 20 years ago we renamed 40th Avenue Constitution Avenue. C. Rose Marie Day Mayor Peterson read the Rose Marie Day Proclamation, and stated that Rose Marie will appear at the Heights Theater on Sunday, September 16th. Peterson stated he would present the Proclamation to her at that time. John Letness stated that the Viva Vitaphone event is a showing of classic old short films. 'This maybe an annual event. 5. CONSENT AGENDA Nawrocki requested to remove items A, D, E, F, and G. City Manager Walt Fehst took Councilmeinbers through the Consent Agenda: City Council Minutes Monday, September 10, 2007 Page 2 of 17 A. Annrove meeting minutes for the Columbia Heights Citv Council meetinu of August 27, 2007. Removed B. Accept Board and Commission meeting minutes. Motion to accept the minutes of the August 8, 2007 Library Board meeting. Motion to accept the minutes of the September S, 2007 Planning and Zoning Commission meeting. Motion to accept the minutes of the July 24, 2007 EDA meeting. C. Approve the transfer of funds from the General Fund to the Police Department Bud egi t to reimburse the Overtime Fund Motion to transfer $2,137.60 received from Unique Thrift Stores and $3,867.75 received from the Columbia Heights Summer Academy; a total of $6,005.35 from the General Fund to the Police Department 2007 Budget under Line #1020, Police Overtime. D. Approve Resolution No. 2007-157 being a resolution authorizin~~ Execution of Agreement with the Office of Justice Program. -Removed E. Establish date for Public Special Assessment Levy Hearing for Two Proiects: Zone 7 Seal Coat Program and Zone 2 and 3 of the Street Rehabilitation Prog am -Removed F. Adopt Resolution 2007-156, to Participate in the Anoka County Housing and Redevelopment Authority Economic Development Activities -Removed G. Approve Budget Work Session Meeting Dates -Removed H. Approve the items listed for rental housing license applications for September 10, 2007. Motion to approve the items listed for rental housing license applications for September 10, 2007. I. Approve Business License Applications Motion to approve the items on the business license agenda for September 10, 2007 as presented. J. Approve payment of the bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 122737 through Check Number 122872 in the amount of $1,108,028.45. Motion by Nawrocki, second by Williams, to approve the Consent Agenda items, with the exception of items A, D, E, F, and G. Upon vote: All ayes. Motion carried. A. Approve meeting minutes for the Columbia Hei htg s City Council meetin off August 27, 2007. Nawrocki stated that on page 22 regarding his request for a written response from the City Attorney, he did not recall the attorney asking for the question in writing. Other Council members recalled that comment. Nawrocki questioned why his request should be in writing. Jim Hoeg, City Attorney indicated that is the common procedure to ensure accuracy of the question. Motion by Diehm, second by Williams to approve the meeting minutes for the Columbia Heights City Council meeting of August 27, 2007. Upon vote: All ayes. Motion carried. City Council Minutes Monday, September 10, 2007 Page 3 of 17 D. Approve Resolution No. 2007-157, being a resolution authorizing Execution of Agreement with the Office of Justice Pro ram. Police Chief Tom Johnson stated that Sargent Jon Rogers wrote and submitted a grant to the Office of Justice for full funding of a middle school liaison officer. Currently, there is an officer there half days. This would be for full days and this person would also serve as the DARE Officer. There is no funding match required, and this is for the full cost of an officer for two years. During the summer the officer would work areas such as Grid 8. The grant received is for $117,219.00. Fehst stated his belief that this is the first 100 percent grant of this type that we have received. Nawrocki questioned if we are required to keep this person after the two year period. Johnson stated that he was not aware of such a requirement. Motion by Nawrocki, second by Williams, to waive the reading of Resolution No. 2007-157, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Diehm congratulated Chief Johnson and stated that this opportunity will greatly serve our community. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2007-157, being a resolution authorizing Execution of Agreement with the Office of Justice Program. Upon vote: All ayes. Motion carried. Resolution No. 2007-157 Authorizing Execution of Agreement with the Office of Justice Programs Be it resolved that the City of Columbia Heights will enter into a cooperative agreement with the Office of Justice Programs in the Minnesota Department of Public Safety. Mayor Gary L. Peterson and City Manager Walter R. Fehst are hereby authorized to execute such agreements and amendments, as are necessary to implement the project on behalf of the City of Columbia Heights. E. Establish date for Public Special Assessment Levy Hearing for Two Projects: Zone 7 Seal Coat Program and Zone 2 and 3 of the Street Rehabilitation Program Nawrocki asked if this includes the work on Ulysses Street. Fehst stated it includes all road work done this year. Nawrocki referred to the Tilkens' assessment request and that Kevin Hansen was to visit them, but only sent a follow up letter. It is important that this be reviewed before the hearing. Nawrocki gave the background of their property and their request. Consideration should be given to the special circumstances. Nawrocki stated that the proposed meeting date is for the 3rd Monday and the agreement by Council members was to schedule those meetings from 5:30 p.m. to 7:00 p.tn. Fehst stated that these times are to accommodate the general citizenry. Nawrocki suggested picking another day. Motion by Diehm, second by Kelzenberg, to establish Monday, October 15, 2007 at 6:30 p.tn. as the Public Special Assessment Levy Hearing for City Project #0701 Seal Coat Project, to be held in the City Council Chamber. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes -1 nay. Motion carried. Motion by Dielun, second by Kelzenberg, to establish Monday, October 15, 2007 at 7:00 p.m. as the Public Special Assessment Levy Hearing for City Project #0702, Zone 2 and 3 Street Rehabilitation, to beheld in the City Council Chamber. City Council Minutes Monday, September 10, 2007 Page 4 of 17 Peterson indicated that in attempting to hold 5:30 meetings we find that people have work conflicts, such as Councilmembers Kelzenberg and Williams, so we will have to go back to utilizing the third Monday for meetings. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. F. Adopt Resolution 2007-156, to Participate in the Anoka County Housing and Redevelopment Authority Economic Development Activities Motion by Diehm, second by Kelzenberg to waive the reading of Resolution 2007-156, there being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution 2007-156, a Resolution of the City of Columbia Heights to participate in the Anoka County Housing and Redevelopment Authority Economic Development Activities. Nawrocki stated that this agreement would ask Anoka County to levy the Columbia Heights residents through the County HRA, with them keeping fifteen percent. The County representative indicated this would be about $200,000 or over a three percent tax increase for every property in the community. Anoka County would receive $30,000 of this, and that is three times what you would pay in interest if borrowing the money. Bob Streetar, Community Development Director, stated this is a request to participate in Anoka County HRA economic development activities. They would levy the money and it would be returned to the city as allowed under State Statute for acquisition, redevelopment, housing loans and grants, or any economic development activity. This would be a five year opt in, with the ability to opt out after that time. If we opt out now, we would have to wait five years to enter the program. Housing redevelopment is very high priority of the City Council. We do not have the resources for these things, and this would help. Streetar referred to redevelopment that has been accomplished. He also indicated the desire to remove problems from the Heritage Heights area and places such as the Root building on 40`}' and University. Redevelopment would generate a good tax base and improve Columbia Heights. The benefits are that we have real housing maintenance needs, and redevelopment opportunities, such as the Burger King site, 37`h and Central, Mady's site, 15non-conforming homes just along Central Avenue, and the NEI property. The cost will be $30 to $39 a year for a home with an estimated market value of $200,000. The County has addressed the City and the EDA and their intent is to collect 15 percent, but that is negotiable and based on their cost to administer the program. It also depends on how many cities choose to participate. Streetar stated that the cost to a family, over a five year period, would be $200 and in return the City can have $1.2 million dollars for redevelopment. Fehst stated that the special legislation sought last year would also have cost residents. It is not our intention to seek it again this year, letting the district close with $300,000 going back on the tax rolls. The money from that TIF district can go toward city projects. Streetar stated that the Medtronic district that decertifies at the end of this year is $124,000, the downtown district decertifies in 2009 and is about $750,000 and in 2010 the C8 district will decertify, at about $150,000, and go back on the tax roles. Diehm indicated it is important that residents know that all money collected comes back to City Council Minutes Monday, September 10, 2007 Page 5 of 17 Columbia Heights and the governing body decides how it is spent on projects in our community. This shows we have a commitment to housing and redevelopment. With all of our competing projects, we are limited by our resources. This is a tool to help us accomplish our goals. It is important to show residents we are committed to these goals. The cost for an average home will be about $30 to $39 a year and will leverage $1.2 million over five years. We can leave the program after five years if we do not like it. We spoke to the County and indicated we think they should be able to administer the program for less than 15 percent, which they will consider. Diehm stated her support of the program. Nawrocki questioned the cost figures given. Streetar referred to the table in the council packet and read the figures. Nawrocki stated that the initial amount used was $247,000, but it now is around $200,000. Streetar indicated the first amount was the maximum amount that could be levied and the second is the exact amount. Nawrocki stated that whether the administrative amount is 15 percent or 10 percent, it does not come back to the city, and is more than bonding at five percent. This would result in about a three percent levy increase, and a double digit tax increase. Streetar commented on the cost of doing nothing. This is a small investment for a large return. Fehst stated that an administrative fee is not uncommon and if we borrowed money there would also be an administrative charge. Nawrocki indicated that most residents are already paying for street assessments. Nawrocki indicated that a reporter was taken to a building with a pile of trash. He questioned why that has not been abated. Streetar indicated that the Fire Department will address that contaminated property. We need to encourage the private sector to clean up their properties. Nawrocki stated that with the abatements we do there is no excuse for that mess. Peterson indicated that this shows there is a reason to go through with the program. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. Fehst stated that we look forward to working with Anoka County and we will continue to be aggressive to obtain community block grant funds. RESOLUTION 2007-156 RESOLUTION OF THE CITY OF COLUMBIA HEIGHTS TO PARTICIPATE IN THE ANOKA COUNTY HOUSING AND REDEVELOPMENT AUTHORITY ECONOMIC DEVELOPMENT ACTIVITIES. WHEREAS, the City of Columbia Heights is an Anoka County municipality, and such is a rapidly growing and important segment of the Twin Cities Metropolitan Region, made up of rich variety of vital, desirable communities; and WHEREAS, the City of Columbia Heights Council members believe that the residents of Columbia Heights would realize many benefits from expansion of the Anoka County tax base, including but not limited to; the creation of local job opportunities, redeveloping certain sites within the City, as well as maintaining and improving the City's housing stock, wider sharing of tax burden, and access to enhanced infrastructure, services, and retail and business activities, and, WHEREAS, in order to expand the local tax base, the Anoka County Board of Commissioners has indicated an interest in fostering a regional approach to economic development in Anoka County, and, WHEREAS, in 2007 a statutorily formed citizens exploratory committee recommended to the Board of Commissioners that the Anoka County Housing and Redevelopment Authority be granted the powers of an economic development authority, and WHEREAS, on June 12, 2007, the Anoka County Board of Commissioners, after fulfilling the statutory requirements, did authorize their Housing and Redevelopment Authority to exercise the powers of an economic development authority, and, City Council Minutes Monday, September 10, 2007 Page 6 of 17 WHEREAS, MN Stat. 469.1082 requires that a municipality shall, declare its willingness, by resolution, to join the county in its economic development activities. NOW, THEREFORE BE IT RESOLVED, that the City of Columbia Heights does hereby declare its support of Anoka County and its countywide economic development objectives and activities, and, BE IT FURTHER RESOLVED that the City of Columbia Heights does hereby elect to participate in Anoka County Housing and Redevelopment Authority economic development activities, and, BE IT FURTHER RESOLVED that the City of Columbia Heights does hereby elect to participate in the Anoka County Housing and Redevelopment Authority economic development activities to request funds to support the City's redevelopment and housing maintenance and improvement goals, and, BE IT FURTHER RESOLVED this resolution and attachments are to be made a part of the permanent records of the City of Columbia Heights. G. Approve Budget Work Session Meeting; Dates Motion by Diehm, second by Kelzenberg, to set budget work session meeting dates to review the 2008 budget as stated in the Council letter. Nawrocki stated that the small number of budget dates was ludicrous. There is one night to meet with the Library and Recreation and only one other night to meet with the rest of the departments, to only discuss changes. All programs should be reviewed to see if they can be eliminated. Motion to amend by Nawrocki, to add Wednesday, September 19 and Wednesday, September 26 as dates to review the budget. Fehst indicated that we would not have the full budget by then. Other Councilmembers have asked that the process not be dragged out. Fehst suggested the full presentation be on October 30th rather than the 29th, as there will also be a meeting on the 29th to discuss the Comprehensive Plan. Peterson called for a second to the amended motion. Motion amendment died for lack of a second. Correction to Motion by Diehm, agreed by Kelzenberg, to change Monday, October 29 to Tuesday, October 30. Diehm stated that we have similar discussions each year. The budget is a very important document and she feels strongly that there should be openness in government, but she also feels that we have an obligation to be efficient. Experience with other communities has shown that we spend far more time for public hearings that other communities. If we have questions, such as in the past, she asked individual department heads. We can accomplish what we need to at these meetings as long as we are efficient and focused and keep our comments directed to the budget. Nawrocki respectfully disagreed with this comment and spoke regarding his time spent with council members of other communities. He indicated, for example, the City of Anoka has already had budget meetings with a staff recommendation of a 5.9 percent levy, which the council reduced to 3.35 percent. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions City Council Minutes Monday, September 10, 2007 Page 7 of 17 Adopt Resolution No. 2007-158, being a Resolution adopting a proposed budget, setting the General, Library and EDA proposed levy, and establish a budget hearing date for propert ty axes payable in 2008 for December 3, 2007, approving a tax rate increase, and approving the HRA Lew of $196,241. Fehst stated that the original amount was a $346,000 increase over a $9,000,000 general fund budget. One alternative amount of $59,695 was the addition of a police officer, but will now be funded with grant money. Our budget base could be reduced by that amount to $286,587 or 4.41 percent. Council has requested a contingency fund to complete goals during the year and to add a 27`'' police officer. Fehst spoke of recent up coming retirements and the process plus training time necessary to have a new officer on the street. With concerns of crime in the community, we want more aggressive community policing. Fehst asked for consideration of more than the base budget. Alternative 1 includes a $70,000 contingency and another police officer. The HRA levy is for $196,241. In 2007 the EDA levy was $140,898 and this year it is $78,622. The HRA levy will go up from $176,000 to $196,000, with a net result of a reduction in the EDA levy by 44 percent an increase to the HRA levy by 11 percent, with a net decrease of the two levies. Diehm clarified that this would be the preliminary number. We can decrease this for the final levy, but we can not go any higher. Nawrocki questioned if the proposed levy has ever been decreased. Fehst stated that it did three years ago. Nawrocki indicated that with adding the HRA levy and the County EDA levy, the total levy increase would be 10 percent. That is more than what is warranted. Williams stated that the EDA levy has decreased. Fehst indicated the decrease is 44 percent and the HRA levy has increased by 11 percent. Fehst referred to the opportunity to work with the county and pointed out a resident's powerful Letter to the Editor regarding her distress of things that are not addressed in the city. Fehst referred to road work that should have been done when government aid was available. We are doing road work, but must subsidize it with. city money. Williams questioned again if the recommendation was a net decrease of EDA and HRA levies. Fehst stated yes. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2007-158 there being ample copies available for the public. Upon vote: All ayes. Motion carried. Alternative #1 (Includes $70,000 contingency and an additional Police Officer at $59,695). Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2007-158, being a Resolution adopting a proposed budget, setting the General, Library and EDA proposed levy at $$6,916,895, establishing a budget hearing date for property taxes payable in 2008 for December 3, 2007, at 7:00 p.m. in the City Council Chambers, approving a tax rate increase, and approving the HRA Levy of $196,241. Williams questioned what the resulting percentage would be with Alternative 1. Fehst stated 6.04 percent, but it can be reduced. Diehm read the Letter to the Editor from the Northeaster that the City Manager referred to. It indicates that the resident is considering moving. Diehm indicated her hope that we find this as a City Council Minutes Monday, September 10, 2007 Page 8 of l7 wake up call to the task ahead of us. Nawrocki questioned who signed the letter. Diehm indicated Kelly Sullivan. Peterson stated that it is sad people feel that way. In talking to people on National Night Out, they want more police and a safer community. We do not know how to add protection without added cost to the community. If we don't, it will continue to deteriorate and people will continue to move out. People want a nice community. We are working toward a nicer, prettier, and safer community. The Police Chief has indicated many duties an addition officer would do. Nawrocki again referred to the total levy increase, stated that does not take into account consideration of an activity center and new police/fire station. We do not need a fire station as they can utilize the vacated space. It is ludicrous the way the budget is handled. We keep adding expenditures and do not look at the total financial package. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. Motion by Nawrocki that the Truth in Taxation meeting be televised. Elrite stated the hearing has been televised for the last 10 years. Peterson stated that the Truth in Taxation meeting would be cable cast. B. Bid Considerations -none C. Other Business Public Safety Facilit~pdate Chief Johnson indicated that the Fire Department meet with Buetow and Associates last Friday and the Police Department met with them a week ago Friday to discuss department needs. They have been invited to ride along with our officers to view their functions. The process is moving forward. Williams indicated the drain on the Police Department when they must transport someone to Anoka County. Johnson stated the desire in a new facility would be to include two detention cells, allowing a CSO or day officer to handle transport at a later time. Currently, if they are first tune offenders, they are released to a sober third party and we look to alternatives for juveniles. Nawrocki referred to a past program with other cities for joint transports. Johnson stated that most cities dropped out when the County put a drop center at Blaine and because of budget cuts. Nawrocki stated that the research firm was requested to also look at the NEI site. At the Activity Center Committee meeting last night the consensus favored the NEI site, which would be in conflict with a safety facility. Fehst stated that they might compliment each other. Nawrocki questioned parking issues. PUBLIC HEARINGS A. 1st Reading: Ordinance 1530, Zoning Amendment to the Zoning Code as it relates to Interim Uses. Jeff Sargent, City Planner, indicated this would be to establish Interim Uses and to eliminate outdoor sales as conditional use. Interim Uses will be handled like past conditional use permits for seasonal activities such as firework sales, outdoor produce stands, and Christmas tree stands. City Council Minutes Monday, September 10, 2007 Page 9 of 17 They will be allowed fora 90 day period, with approval authority by the Planning and Zoning Commission. They are in favor of this as it would consider size, location, etc. Currently, the only use the Council sees is outdoor agricultural sales i.e. Cinder's Greenhouse. There are no current regulations on Fireworks tents. This would establish them as an interim use. Motion by Nawrocki, second by Diehm, to waive the reading of Ordinance No. 1530, being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to set the second reading of Ordinance No. 1530, for Monday, September 24, 2007, at approximately 7:00 p.m. in the City Council Chambers. Dielun thanked the City Planner, as this is a more appropriate process for these uses. Upon vote: All ayes. Motion carried. B. 1st Reading: Ordinance 1531, Zoning Amendment to the Zoning Code as it Relates to Monument Signs. Sargent stated the applicant indicated the restrictions on size would limit visibility. Upon checking the site, he agreed. This ordinance would change the design overlay district sign height from eight feet to ten feet, if the building is over 22 feet in height. The Planning and Zoning Commission added the 22 foot building height requirement, as they did not want the proposed height to be overbearing for an existing building. Motion by Kelzenberg, second by Dielun, to waive the reading of Ordinance No. 1531, being ample copies available to the public. Upon vote: All ayes. Motion carried. (Williams was out of room). Motion by Kelzenberg, second by Diehm, to set the second reading of Ordinance No. 1531, for Monday, September 24, 2007, at approximately 7:00 p.tn. in the City Council Chambers. Upon vote: All ayes. Motion carried. (Williams was out of the room). Nawrocki referred to the bank losing their sign visibility from the north and the Taco Bell request, which did not constitute a recommended change. Fehst indicated the total footage is under 40 square feet. Nawrocki referred to the Sarna restaurant sign. Fehst stated that the original request was for a reader board, but they inserted a plastic sign. The Planning and Zoning Commission mentioned that we may not want electronic reader signs. C. Adont Resolution No. 2007-159 being a resolution for rental housing license revocation at 3714 Van Buren Street N.E. Fire Chief Gary Gorman stated this property is vacant. The owner has passed away and the property is going into foreclosure. The executor is trying to sell it. Violations A and F have been completed. Mayor Peterson asked if there was anyone present to represent the property. There was not. Motion by Nawrocki, second by Williams, to close the public hearing removing items A & F and to waive the reading of Resolution No.2007-159, there being ample copies available to the public. Upon vote: All ayes. Motion carried. City Council Minutes Monday, September 10, 2007 Page 10 of 17 Motion by Nawrocki, second by Williams, to adopt Resolution No. 2007-159, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental license held by Michael Kress regarding rental property at 3714 Van Buren Street N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2007-159 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Michael Kress (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3714 Van Buren Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on August 13, 2007 of an public hearing to be held on September 10, 2007. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on May 29, 2007, 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 August 13, 2007, inspectors for the City of Columbia Heights, reinspected the property and noted ten 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. 3. That on August 30, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted ten 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: Shall repair the front step next to the front boulevard, the step edge is damaged, shall install a storm door on the side enter ante, the wood on the door is deteriorating from the weather, shall scrape/paint the side exterior door, shall scrape/paint the window trim wherever the paint is peeling all over the house, shall repair the steps to the garage, shall scrape and paint the garage, shall install a door handle on the 2nd floor rear storm door, and shall repair the damaged south side basement window 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 SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7833 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. D. Adopt Resolution No. 2007-160 being a resolution for rental housing license revocation at 4124 5th Street N.E. -Removed E. Adopt Resolution No. 2007-161 being a resolution for rental housing license revocation at 3810- 3812 3rd Street N.E. -Removed F. Adopt Resolution No. 2007-162 being a Resolution for abatement of violations at 1215 37th Avenue N.E. Gorman stated this property has two violations remaining. The Assistant Fire Chief spoke to the owner last week, but the items were not yet completed today. They also have a grass tag requiring them to cut it by Friday. City Council Minutes Monday, September 10, 2007 Page ll of 17 Mayor Peterson asked if there was anyone present to represent the property. There was not. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2007-162, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2007-162, a resolution of the City Council of the City of Columbia Heights declaring the property at 1215 37th Avenue 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 2007-162 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 Brian Buch (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1215 37`h Avenue 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 certified mail to the owner of record on August 23, 2007 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 16, 2007 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 23, 2007 inspectors re-inspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3. That on August 29, 2007 inspectors re-inspected 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: Shall remove dead trees and tree stumps from property and shall remove all/any outside storage from 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 1215 37"' Avenue 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 L The property located at 1215 37`h Avenue 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. 2007-163 being a Resolution for abatement of violations at 4517 Jefferson Street N.E. -Removed H. Adopt Resolution No. 2007-164 being a Resolution for abatement of violations at 1104 45th Avenue N.E. Gorman stated this property is in foreclosure with two violations remaining. The items were not City Council Minutes Monday, September 10, 2007 Page 12 of 17 complete as of this morning. Mayor Peterson asked if there was anyone present to represent the property. There was not. Motion by Keizenberg, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2007-164, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2007-164, a resolution of the City Council of the City of Columbia Heights declaring the property at 1104 45th Avenue 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 2007-164 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 Ihab Elsewissy (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1104 45`h Avenue 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 certified mail to the owner of record on August 15, 2007 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 13, 2007 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 15, 2007 inspectors reinspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3. That on August 31, 2007 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: Shall repair /replace damaged /rotting areas of retaining wall along the driveway and shall remove all areas of scrub growth. 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 1104 45"' Avenue 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 1104 45`h Avenue 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. I. Adopt Resolution No. 2007-165 being a Resolution for abatement of violations at 1308-1310 Circle Terrace Blvd. N.E. Gorman stated that this owner, Michael Foertier, was present at a meeting earlier this year. Now the owner is out of the country. The license has been revoked and we have spoken to a City Council Minutes Monday, September 10, 2007 Page 13 of 17 management company, but the violations have not been abated. Mayor Peterson asked if there was anyone present to represent the property. There was not. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2007-165, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2007-165, a resolution of the City Council of the City of Columbia Heights declaring the property at 1308-1310 Circle Terrace Blvd. 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 at 1401 Circle Terrace there is a pod in the front with graffiti on it. RESOLUTION 2007-165 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 properly owned by Michael Fortier (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1308-1310 Circle Terrace Blvd. 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 certified mail to the owner of record on August 21, 2007 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 19, 2007 an inspection was conducted on the property listed above. Inspectors found four violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 21, 2007 inspectors reinspected the property listed above. Inspectors noted that four violations remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3. That on August 31, 2007 inspectors reinspected the property and found that four 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: Shall replace the missing storm windows on the 2nd floor, on the 1310 side. shall replace or repair the torn screen on the 1310 side, second floor, in back, shall remove alUany outside storage from the property, and shall replace the broken window on the rear of 1308. 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 1308-1310 Circle Terrace Blvd. 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 1308-1310 Circle Terrace Blvd. 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. J. Adopt Resolution No. 2007-166 being a Resolution for abatement of violations at 1133 45th Avenue N_F,_ City Council Minutes Monday, September 10, 2007 Page 14 of 17 Gorman stated the property has a violation on the garage siding, which they are trying to get done. We will work with the owner on the time allowed. Mayor Peterson asked if there was anyone present to represent the property. There was not. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2007-166, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2007-166, a resolution of the City Council of the City of Columbia Heights declaring the property at 1133 45th Avenue 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 2007-166 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 Robert Monson (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1133 45th Avenue 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 certified mail to the owner of record on August 16, 2007 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 18, 2007 an inspection was conducted on the property listed above. Inspectors found five violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 16, 2007 inspectors reinspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3. That on August 31, 2007 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: Shall repair the siding on the gable end on the north side of the garage 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 1133 45th Avenue 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 1133 45th Avenue 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. K. Adopt Resolution No. 2007-167 being a Resolution for abatement of violations at 4915 5th Street N.E. Gorman stated there is one violation of grass and scrub growth. The house is being rented and the owner does not live there. There have been previous property issues. At that time, the owner stated that he would live there so that process will begin. Ciry Council Minutes Monday, September 10, 2007 Page 15 of 17 Mayor Peterson asked if there was anyone present to represent the property. There was not. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2007-167, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2007-167, a resolution of the City Council of the City of Columbia Heights declaring the property at 4915 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. RESOLUTION 2007-167 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 John Krebsbach Jr. (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4915 5`h 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 certified mail to the owner of record on August 20, 2007 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 1, 2007 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 20, 2007 inspectors reinspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3. That on August 31, 2007 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: Shall cut down all scrub growth, long weeds, and long grass throughout 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 5`h 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 maybe, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4915 5`~' 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. L. Adopt Resolution No. 2007-168 being a Resolution for abatement of violations at 3733 Reservoir Blvd. N.E. -Removed Peterson asked the City Attorney if the abatement/revocation process could be expedited or consolidated. Hoeft indicated the proceedings are necessary to provide due process. Diehm stated that it is good for residents to know that we do take care of these properties. City Council Minutes Monday, September 10, 2007 Page 16 of 17 ADMINISTRATIVE REPORTS Report of the City Manager • Malcolm Watson, the best City Manager this city ever had, had heart surgery and is doing well. • Next Monday's work session item is the Activity Center committee report. The committee met last Wednesday night. Nawrocki • What is the status of the fence on 44`" Avenue and Central in front of the shopping center. Fehst stated they are now replacing fence sections. • S 1 S` and University property has vehicles with expired licenses. • Requested contract with Bauer and Associates, which will be included in this week's information packet. • Had requested the City Manager go to Sullivan Park with him, but he did not. Fehst indicated he did go to the park and the architect will meet him there any time. The trim only needs to be replaced. The concrete is not bad. • Waiting for follow up on the berm at 1040 49t". Fehst stated the response was in the Action Summary for the third time. Our ordinance states you can not build up to hold water on someone else's property. The drainage area is only three inches wide. • 49`" & SOt" Sewer backup -Finance Department response was that we did not have League insurance, as we did not qualify, We did not qualify because when they inspected. the system there were deficiencies. How many sewer claims have we had since we fixed the pipes? Fehst stated that there have been some, but not as many with our infiltration program. The Met Council surcharges $80, 000 for inflow, which we have not had to pay because of this program. • City newsletter -the second liquor store profits are not correct. Fehst stated that the new stores will hopefully bring us back up into the top five stores. • In the bill list we authorized Williams, Kelzenberg and Peterson to attend the National League of Cities conference in New Orleans. It was indicated at the work session that the City Clerk would attend. Do we have two City Clerks, as the checks still indicate the Finance Director as City Clerk? The City Clerk's attendance would be an additional $2,000. The past Council Secretary did not attend a national conference. Fehst stated that she attended all the state conferences. That was the understanding when she was hired, with her knowledge of the legislature. This is inappropriate, with no disrespect to the City Clerk as she does a good job. Fehst indicated that she was recently appointed and this would be a learning experience. The Clerk rims our elections. Peterson indicated that Council member Nawrocki has attended many conferences. Diehm • Last meeting -Keith Ellison was to be present. Fehst stated there was a miscommunication. The next time he is in town and available he will attend. Report of the City Attorney -nothing to report. CITIZENS FORUM Deb Johnson, 4626 Pierce Street, indicated Heritage Heights has one block of decent houses surrounded by slums. She stated that she is ecstatic that the motion was approved for more community development and will pay snore taxes if she can have a decent neighborhood that she can City Council Minutes Monday, September 10, 2007 Page 17 of 17 safely walk in. COUNCIL CORNER Nawrocki expressed his opinion that the handling of the city budget is ludicrous. Peterson stated "Don't take ourselves too seriously, do a random act of kindness, and remember our service personnel". 11. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:11 p.m. Chi-r...~.~ _~Y ~~,,, :_.v-v` Patricia Muscovitz CHIC City Clerk