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HomeMy WebLinkAboutSeptember 24, 2007OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING SEPTEMBER 24, 2007 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m.PM on Monday, September 24, 2007 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Pastor Jeremiah Rice, Assoc. Pastor of Youth/Young Adults at Oak Hill Baptist Church gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, and Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed Item 7-F 4644 Washington Street, 7-H 5020 4th Street, 7-N 4612 Polk Street, 7-Q 4600 Polk Street, and 7-P 3819 Van Buren Street N.E. as these properties have been brought into compliance. Nawrocki requested to add discussion of the proposed Activity Center and the newsletter. Peterson indicated this can be addressed under the Manager's report. Nawrocki indicated that the agenda was not on cable T.V. on Friday or Saturday. PROCLAMATIONS, PRESENTATION, RECOGNITION, GUESTS Peterson indicated he would add Announcements under Proclamations, Presentations, Recognition, and Guests. Peterson read the Financial Planning Week Proclamation. Peterson introduced Marlaine Szurek, representative for the Library Foundation Capital Campaign Fundraiser. Marlaine Szurek stated that this group has been formed to build a new library. The campaign is called "Your Library is Over Due". It has been over 30 years since anything has been done at the Library and that was to turn the basement into the children's area. Children should not be limited to a basement. She passed out brochures and indicated where the brochures could be obtained. Any donation will be accepted. As a community, we need to support our Library. A library should have been included in the proposed community center, but it won't be. Donations can be made to the Columbia Heights Library Foundation Board. She stated her hope that everyone that has used the Library would give a donation. Once we have this money, we can go out for grants or go to foundations and corporations for support. Szurek listed the increase in the number of books and the number of people that have visited the library. Williams asked what the overall goal was. Szurek stated they decided not to set a goal. The idea is to get everyone in Columbia Heights to contribute. Nawrocki asked if they have raised any money so far. Szurek indicated yes, but she did not have that number available. The Heights Theater fund raiser during the holidays is placed in this fund. Nawrocki indicated that he would snake a $100 donation. City Council Minutes Monday, September 24, 2007 Page 2 of 24 Peterson stated that the youth have lost a long time Columbia Heights baseball supporter. W. Elmer Buttweiler has passed away. Peterson indicated that our Chief of Police, Tom Johnson, will be leaving for a position at the State of Minnesota, effective October 24`h. We appreciate the 12 years he has served here as Chief of Police. Diehm stated the Crestview Gala would be held on October 5`h. October 6`'' Parkview Villa will hold their annual Bazaar. CONSENT AGENDA Nawrocki requested to remove items B, C, D, F, G, H, and question J. A. Approve minutes for the Columbia Hei htg_ s City Council meeting of September 10, 2007. Motion to approve the minutes for the Columbia Heights City Council meeting of September 10, 2007. B. Establish an Executive Session for the purpose of Labor Negotiation discussion on Monday, October 1, 2007. -Removed C. Adopt Resolution 2007-169 being a Resolution adopting revisions in the Personnel Policy Manual re ag rding meal reimbursement. -Removed D. Authorize School Liaison Officer Contract with School District #13 for 2007-2008. -Removed E. Approve Premises Permit Application Class B for Minnesota Youth Athletic Services (MYAS) to Conduct Charitable GamblingActivities at Star Central. Motion to direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the issuance of a Class B premises permit for Minnesota Youth Athletic Services in conjunction with activities at Star Central, 4001 Central Avenue NE, Columbia Heights, Minnesota; and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. F. Accept the MN Blue Cross Blue Shield Active Community Plannin Gg rant. -Removed G. Approve Professional Services Agreement from Bonestroo for a Pedestrian Mobility Plan (City Sidewalk and Trail Plan). -Removed H. Approval of Professional Services Agreement with Brauer and Associates for architectural consulting for Silver Lake Park. -Removed I. Approve the items listed for rental housing license applications for September 24, 2007 Motion to approve the items listed for rental housing license applications for September 24, 2007. Approve Business License Applications Motion to approve the items on the business license agenda for September 24, 2007 as presented. City Council Minutes Monday, September 24, 2007 Page 3 of 24 K. 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 122873 through Check Number 123045 in the amount of $2,196,654.37 Motion by Williams, second by Diehm, to approve the Consent Agenda items with the exception of Items B, C, D, F, and G. Upon vote: All ayes. Motion carried. Items removed from the Consent Agenda for discussion B. Establish an Executive Session for the purnose of Labor Negotiation discussion on Monday, October 1, 2007. Motion by Diehm, second by Kelzenberg, to establish an Executive Session for the purpose of Labor Negotiation discussion on Monday, October 1, 2007, at 7:00 p.in. in Conference Room 1. Nawrocki questioned if this should be a separate meeting. Fehst indicated it would be. C. Adopt Resolution 2007-169, being a Resolution adopting revisions in the Personnel Policy Manual re ag rding meal reimbursement. Nawrocki questioned the reason. for this change. Fehst stated there have been times when expense reports come back with no receipts. A per diem snakes sense, as with a group it is difficult to obtain a receipt. The per diem is different for each city. The full amount is not allowed on the day you arrive and the day you return. People that attend events in the seven county area are still required to submit receipts. Nawrocki stated that he was not aware that receipts were required. He itemizes each day. Per diem indicates that you get the full amount - no matter what. Fehst stated that you don't have to take the per diem, but it would be allowed by policy. Fehst stated that this does not deal with transportation or lodging. Nawrocki stated that the amount changes every six months. Fehst stated that we also change our mileage amount every year. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2007-169, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution 2007-169, being a resolution adopting revisions in the Personnel Policy Manual. Upon vote: Kelzenberg aye, Williams, aye, Diehm, aye, Nawrocki, nay Peterson aye. 4ayes - 1 nay. Motion carried. RESOLUTION N0.2007-169 ADOPTING REVISIONS IN THE PERSONNEL POLICY MANUAL WHEREAS, in order to establish an equitable and uniform procedure for dealing with personnel matters, the City of Columbia Heights previously adopted a revised Personnel Policy Manual, dated December 11, 2000. WHEREAS, as a result of a review of the Personnel Policy Manual, revisions to Appendix A-Travel and Meal Compensation, of the Personnel Policy Manual are recommended for adoption; and NOW, THEREFORE, BE IT RESOLVED by the Columbia Heights City Council that it does hereby adopt the changes to the Personnel Policy Manual, dated September 24, 2007, a copy of which is attached and a part of this resolution; and, BE IT FURTHER RESOLVED that such revision in the Personnel Policy Manual be effective September 24, 2007. D. Authorize School Liaison Officer Contract with School District #13 for 2007-2008 Nawrocki stated that the North Park School was not included on this list. Chief Johnson stated City Council Minutes Monday, September 24, 2007 Page 4 of 24 that school is in Fridley and is handled by them. Nawrocki asked the current cost. Johnson stated it has been reduced by $826, as the current officer's longevity is less. Motion by Diehm, second by Kelzenberg, to authorize the Mayor and Police Chief to enter into a joint powers agreement with School District #13 for the provision of a school liaison officer as stipulated in the joint powers agreement for the period of September 4, 2007 through June 5, 2008. Upon vote: All ayes. Motion carried. F. Accept the MN Blue Cross Blue Shield Active Community Planning Grant• Kevin Hansen stated this collaboration is with Blue Cross/Blue Shield. We applied for a bike trail grant from the Transit for Livable Communities in 2006-2007 and we did not receive it, as we did not have a bike trail plan in place. This also involves updating our Comprehensive Plan. Our intent is to meet the grant requirements and put together a formal bike trail plan to have a future basis for grants and funding. Hansen stated that this is not a formal trail proposal. We would identify transit routes, school routes, etc. for future planning efforts. Motion by Diehm, second by Kelzenberg, to accept the Minnesota Blue Cross Blue Shield Grant (MNBCBS) in the amount of $23,000 and authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: All ayes. Motion carried. G. Approve Professional Services Agreement from Bonestroo for a Pedestrian Mobilit P~ lan (City Sidewalk and Trail Plan). Nawrocki asked if there would be additional money requested. Hansen stated there would be a mailing, an addition to the web site, and staff time. Motion by Williams, second by Diehm, to approve the Professional Services Agreement with Bonestroo for the preparation of a Pedestrian Mobility Plan in the 2008 Comprehensive Plan update. Upon vote: All ayes. Motion carried. H. Approval of Professional Services Agreement with Brauer and Associates for architectural consultin~.~for Silver Lake Park. Nawrocki asked if this is to replace the shelter. Hansen stated that this title should have been for Silver Lake Beach. He listed items to be changed such as play equipment, reorienting the parking lot, providing for a system of trails, and decreasing the size of the beach. This area is included in the Rice Creek Watershed and must meet also their requirements. Motion by Williams, second by Kelzenberg, to approve the Professional Services Agreement with Brauer and Associates for Architectural consultant services for the design and construction phase of park improvements for Silver Lake Beach Park in an amount not-to-exceed $20,000, and authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: Kelzenberg aye, Williams, aye, Dielun, aye, Nawrocki, nay, Peterson., aye. 4ayes - 1 nay. Motion carried. Nawrocki questioned the business license request for Window Store of Plymouth that is pending Police Department approval. Johnson indicated that his department does the background checks. He stated his belief that the solicitation permit is for window treatments. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions City Council Minutes Monday, September 24, 2007 Page 5 of 24 B. Bid Considerations Approve award of 2006 and 2007 Sanitary Sewer Lining_to Visu-Sewer Clean & Seal Inc., Project #0604 and #0704 Motion by Diehm, second by Williams, to waive the Reading of Resolution No. 2007-170, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to approve and adopt Resolution No. 2007-170, accepting bids and awarding the 2007 Sanitary Sewer Lining Project #0604 and #0704 to Visu- Sewer Clean & Seal Inc., based upon their low, qualified, responsible bid in the amount of $333,234.00 with funds to be appropriated from Fund 652-50604-5130 and 652-50704-5130; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Kevin Hansen, Public Works Director, stated this is for the 2006 and 2007 sewer lining program. He indicated that the two low bids were different by only $180 and very highly competitive. The first focus area is Huset Parkway, as there is perched ground water in this area. We are also focusing on 44`h and Central and 515` and Madison area. MCS is included with this and they are focusing on 515` and Madison. Hansen stated he is still waiting for the Joint Powers Agreement from MCS. Nawrocki asked what they would pay. Hansen stated their portion would be $54,000. Nawrocki questioned what work we are currently doing in the area of 5151 and Madison. Hansen stated that is the water lining project. Nawrocki indicated that several years ago there were backups in that area. We could not get League insurance because our lines were insufficient. Our lines were brought up to the standard and we now have insurance. He stated his feeling that those people should have received money on their claims. Fehst stated that we had never attempted to obtain this insurance and when we did, there were parameters that we had to meet. Hansen stated that there were maintenance activities we needed to follow, such as a three year cleaning cycle. There was not an issue of deficiency. Upon vote: All ayes. Motion carried. C. Other Business Public Safet facility update Johnson stated that on the 215` we had a representative from Buetow ride with our officers. We are waiting for the survey documentation. We will start our five focus groups very soon. Buetow is coming tomorrow to do some measuring of our current facilities. PUBLIC HEARINGS A. 2nd Reading: Ordinance 1530 Zoning Amendment to the Zoning Code as it Relates to Interim Uses. Motion by Diehm, second by Williams, to waive the reading of Ordinance No. 1530, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Ordinance No. 1530, being an Ordinance adopting the proposed zoning amendments outlined in Ordinance 1530. Nawrocki stated there were two different ordinances presented and asked which one is being adopted. City Council Minutes Monday, September 24, 2007 Page 6 of 24 Jeff Sargent, City Planner, stated that they are the same ordinance, with the second ordinance in a format that shows additions and deletions. The first ordinance is the text to be adopted. Peterson closed the public hearing and called for the vote. Upon vote: All ayes. Motion carried. Ordinance No. 1530 may be found at the end of this document. B. 2nd Reading: Ordinance 1531 Zoning Amendment to the Zoning Code as it Relates to Monument Signs. Motion by Kelzenberg, second by Williams, to waive the reading of Ordinance No. 1531, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Ordinance No. 1531, being an Ordinance adopting the proposed zoning amendments outlined in Ordinance 1531. Upon vote: All ayes. Motion carried. Ordinance No. 1531 may be found at the end of this document. C. Adopt Resolution No. 2007-173 being a Resolution for abatement of violations at 4655-57 Polk Street N.E. Fire Chief Gary Gorman stated this property is now rental and we are trying to get the paperwork. from the owner. It has two violations remaining in the back yard. 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. 2007-173, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2007-173, a resolution of the City Council of the City of Columbia Heights declaring the property at 4655-57 Polk 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 2007-173 Resolution of the City Council for the City of Colmnbia 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 Barbara Cooper (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4655 Polk Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article 11, 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 27, 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 18, 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 27, 2007 inspectors re-inspected 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 September 13, 2007 inspectors reinspected the property and found that one violation remained uncorrected. City Council Minutes Monday, September 24, 2007 Page 7 of 24 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 tree (tree stump) in the back yard. 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 4655 Polk Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL I . The property located at 4655 Polk 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. D. Adopt Resolution No 2007-174 being_ a Resolution for abatement of violations at 3704 Tyler Street N.E Fire Chief Gary Gorman stated the property is vacant, and is in foreclosure, so the work in the back yard is not getting done. 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. 2007-174, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2007-174 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 Robert Hoffinan regarding rental property at 3704 Tyler Street N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2007-174 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 Hoffman (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3704 Tyler 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 September 6, 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 30, 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 September 6, 2007 inspectors re-inspected 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 September 12, 2007 inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Deparhnent, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove large tree that has fallen in the back yard. Stump must also be removed to below grade. 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 City Council Minutes Monday, September 24, 2007 Page 8 of 24 1. That the property located at 3704 Tyler 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 properly 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 3704 Tyler 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. E. Adopt Resolution No 2007-175 being a Resolution for abatement of violations at 1026 40th Avenue N.E. Fire Chief Gary Gorman stated this is a vacant fourplex, with the retaining wall fallen down. 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. 2007-175, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2007-175, a resolution of the City Council of the City of Columbia Heights declaring the property at 1026 40th 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 2007-175 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 Shahdi Hossein (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1026 40'h Avenue N.E. Colmnbia 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 30, 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 Colmnbia Heights makes the following: FINDINGS OF FACT I. That on July 31, 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 30, 2007 inspectors re-inspected 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 September 13, 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 retaining wall that has fallen down in back. 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 1026 40`'' 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 City Council Minutes Monday, September 24, 2007 Page 9 of 24 1. The property located at 1026 40`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. F. Adopt Resolution No. 2007-176 being a Resolution for abatement of violations at 4644 Washin>;ton Street N.E. -Removed G. Adopt Resolution No. 2007-179 being a Resolution for abatement of violations at 4424 Van Buren Street N.E. Fire Chief Gary Gorman stated this abatement is for outside storage in the front yard. We have talked to the owner. Mayor Peterson asked if there was anyone present to represent the property. There was not. Motion by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2007-179, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2007-179, a resolution of the City Council of the City of Columbia Heights declaring the property at 4424 Van Buren 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 2007-179 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 Karen Ravine (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4424 Van Buren 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 28, 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 Colmnbia Heights makes the following: FINDINGS OF FACT 1. That on August 7, 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 28, 2007 inspectors re-inspected 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 September 12, 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 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 I . That the property located at 4424 Van Buren Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4424 Van Buren 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. City Council Minutes Monday, September 24, 2007 Page 10 of 24 H. Adopt Resolution No. 2007-180 being a Resolution for abatement of violations at 5020 4th Street N.E. -Removed I. Adopt Resolution No. 2007-181 being a Resolution for abatement of violations at 3930 University Avenue N.E. Fire Chief Gary Gorman stated this was the old Root Equipment property. The business is gone. The property was sold this past spring and has been abandoned. There has been a lot of dumping of trash there. We have unsuccessfully tried to contact the owners. It will be a long and expensive abatement. Gregory Stull stated that he is the registered owner of 3930 University Avenue. The seller was Jim Jensen, owner of Root Equipment. Stull stated that the purchase agreement includes a demand for cleanup. He indicated that he has had problems reaching the former owner, but has found that he has suffered a family tragedy. Stull requested 30 days to complete the clean up. He stated that if the property was abated, he would have to go back upon the prior owner for repayment. Gorman stated this is Council approval for abatement and the time frame allows a couple weeks before work begins. We will work with the owner to allow him to get this done, as we would rather have the owner do the work. Williams questioned if Mr. Stull held money back on the contract. Stull stated yes, but it is never enough. Diehm asked when the property was purchased. Stull stated about two to three months ago. Gorman stated that there has been a lot of dumping on this site. Nawrocki objected to any extra time to clean this up, as it is a mess. If it snows, they will want to wait until next spring. Gorman stated it takes us two weeks to obtain the search warrant to enter the property. Kelzenberg questioned Stull on his intentions for the property. Stull stated that he intends to market or develop the property. Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2007-181, there being ample copies available to the public. Upon vote: All ayes, Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2007-181, a resolution of the City Council of the City of Columbia Heights declaring the property at 3930 University 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 2007-181 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 Gregory Stull (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3930 University Avenue N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article lI, 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 September 13, 2007 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Colwnbia Heights, the City Council of the City of Colwnbia Heights makes the following: FINDINGS OF FACT 1. That on August 6, 2007 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. City Council Minutes Monday, September 24, 2007 Page ll of 24 2. That on September 13, 2007 inspectors re-inspected the property listed above. Inspectors noted that three 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 September 24, 200? inspectors reinspected the property and found that three violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s} were found to exist, to wit: Shall remove all/any trash, storage and debris from the property. Shall clean the driveway and surrounding property up, shall cut and remove all/any tall grass and/or weeds/scrub growth from the property, and shall secure the openings of all buildings and structures on 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 I. That the property located at 3930 University 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 I . The property located at 3930 University 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. J. Adopt Resolution No 2007-182 being a Resolution for abatement of violations at 4656 Polk Street N.E. Fire Chief Gary Gorman stated this property is vacant. Item B was completed. Mayor Peterson asked if there was anyone present to represent the property. There was not. Motion by Williams, second by Nawrocki, to close the public hearing and to waive the reading of Resolution No. 2007-182, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Nawrocki, to adopt Resolution No. 2007-182, a resolution of the City Council of the City of Columbia Heights declaring the property at 4656 Polk 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 2007-182 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 Va-Megn Thoj (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4656 Polk Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article 11, 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 27, 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 31, 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 27, 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 September 13, 2007 inspectors reinspected the property and found that two violations remained unconeeted. 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 all areas of scrub growth the property, and shall remove all/any outside storage from the property City Council Minutes Monday, September 24, 2007 Page 12 of 24 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 4656 Polk Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4656 Polk 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. K. Adopt Resolution No. 2007-183 being a Resolution for abatement of violations at 4109 Main Street N.E. Fire Chief Gary Gorman stated that this property has been vacant since January. There have been multiple owners, making contact difficult. The only item remaining is the scrub growth. 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. 2007-183, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2007-183, a resolution of the City Council of the City of Columbia Heights declaring the property at 4109 Main 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 2007-183 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 li, of City Code, of the property owned by Jacob van Meeteren (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4109 Main Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Colwnbia Heights Code, Chapter 8, Article 11, 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 September 6, 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 30, 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 September 6, 2007 inspectors re-inspected 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 September 12, 2007 inspectors reinspected the property and found that one 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 the scrub growth in the back, around the fence. 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 4109 Main Sheet N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. Ciry Council Minutes Monday, September 24, 2007 Page 13 of 24 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 4109 Main 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. 2007-184 bein>7 a Resolution for abatement of violations at 3953 Jackson Street N.E. Fire Chief Gary Gorman stated this was rental property, and that license was revoked. The building is for sale. There has been no contact from the owner. There are seven violations on the property exterior. 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. 2007-184, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2007-184, a resolution of the City Council of the City of Columbia Heights declaring the property at 3953 Jackson 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 2007-184 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 lI, of City Code, of the property owned by Joel Virtue (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3953 Jackson Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article li, 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 September 6, 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 6, 2007 an inspection was conducted on the property listed above. Inspectors found eight violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 6, 2007 inspectors re-inspected the property listed above. Inspectors noted that seven 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 September 12, 2007 inspectors reinspected the property and found that seven violations remained uncorrected. 4. That based upon said records of the Fire Deparhnent, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall install sod, grass seed, or approved landscaping material on all bare spots of the yard, shall repair/replace the front screen door that is broken, has the screen falling out, shall replace all rotted fascia on the south side of the house, shall repair/replace the garage roof. Nwnerous damaged/cupped shingles, shall replace the missing metal siding corners on the garage (alley side), shall repair the soffit on the rear of the house, and shall remove the large, dead tree branches hanging off the tree in the back yard. 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 3953 Jackson 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 City Council Minutes Monday, September 24, 2007 Page 14 of 24 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 3953 Jackson 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. M. Adopt Resolution No. 2007-185 being a Resolution for abatement of violations at 4642 Taylor Street N.E. Fire Chief Gary Gorman stated this property had four outdoor violations, of which A and B are complete. A call was received from the bank stating that they are in the process of getting someone to work on the remaining items. 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. 2007-185, there being ample copies available to the public. Upon vote: A11 ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2007-185, a resolution of the City Council of the City of Columbia Heights declaring the property at 4642 Taylor 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 2007-185 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 Becky Xiong (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4642 Taylor 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 27, 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 I. That on July 18, 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 27, 2007 inspectors re-inspected 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 September 13, 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 remove all areas of scrub growth, and shall patch/repair the wall in the alley, west side of 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 4642 Taylor 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 sewed 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. City Council Minutes Monday, September 24, 2007 Page 15 of 24 ORDER OF COUNCIL 1. The property located at 4642 Taylor 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. N. Adopt Resolution No. 2007-186 being a resolution for rental housing license revocation at 4612 Polk Street N.E. -Removed O. Adopt Resolution No. 2007-1$7 being a resolution for rental housing license revocation at 3819 Van Buren Street N.E. -Removed P. Adopt Resolution No. 2007-190 being a resolution for rental housing license revocation at 4645 Washington Street N.E. Fire Chief Gary Gorman stated this property is believed to be vacant. They did not submit the application, fee, or schedule the inspection. Mayor Peterson asked if there was anyone present to represent the property. There was not. Motion by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution No.2007-190, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2007-190, 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 Westlake Settlement Services regarding rental property at 4645 Washington Street N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2007-190 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 Westlake Settlement Services {Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4645 Washington 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 September 5, 2007 of an public hearing to be held on September 24, 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 15, 2007, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on September 5, 2007, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular 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: Failure to submit a renewal rental license application and the fee and failure to schedule and have performed a rental license inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 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 F8079A 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; City Council Minutes Monday, September 24, 2007 Page 16 of 24 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. Q. Adopt Resolution No. 2007-1.91 being a resolution for rental housings license revocation at 4600 Polk Street N.E. -Removed Nawrocki stated that he was glad to see 4644 Washington was cleaned up. He stated that Circle Terrace looked cleaner today, with only two TV's next to the street. There is progress on community the clean up. ADMINISTRATIVE REPORTS Report of the City Manager • Activity Center -Council met with the ACAC last Monday night and discussed the summary of their July Open House. There was a report submitted with the background and alternatives that the committee will show at the third open house. The recommended rooms and sizes were listed. These were downsized from the original size because the committee was made aware of funding issues. At this point, the projected capital cost is about $14,457,000. Of that, approximately $10,000,000 is construction costs. If the City approved funds that are set aside are used, the amount financed would have to be $10,557,000. The average cost to a $194,000 median valued house would be $107 per year. That same day we received the study/report from the YMCA. They will meet with us on October 15 to discuss if they are interested in participating with us. A preliminary look at the report indicates they would be interested if a pool were included. If that is the case, their contribution would make a difference. The third public hearing will beheld sometime in November. Nawrocki read a prepared statement regarding his personal opinion on any type of community center. He stated that his comments did not reflect other Councilmembers feelings. He referred to the YMCA study consideration, to consider working with the School District, listed project cost estimates, indicated that a public referendum should be held, questioned competition by facilities for residents, and indicated that we have had an activity center in Murzyn Hall since 1938. Newsletter Nawrocki referred to last year's newsletter, stating that we need to improve the budget information, being more factual than using a sales approach. If we talk about LGA losses, we should talk about the increases we have had, including the HRA levy and County HRA levy that was approved. He indicated the overall effect would be about a 10 percent increase. He referred to the newspaper article indicating the cities not participating in the County HRA levy. We need information in the newsletter about appliance pickup. Fehst stated that information was in the last several newsletters. We also left information at resident's homes to explain this. Williams requested an explanation regarding when the State would have funded our improvements. Fehst referred to the time period of local government revenue sharing called Local Government Aid. He explained the advantage of that time was to fund through General Obligation Bonds when five-eights of very dollar were paid by the State. Had we done projects then, such as road improvements, there would have been a substantial savings. Nawrocki stated that information was not accurate. We were one of the better beneficiaries of LGA, but there were limitations. We tried to maximize usage and received more from LGA City Council Minutes Monday, September 24, 2007 Page 17 of 24 than we levied in tax dollars. Report of the City Attorney -nothing to report Peterson asked a lady in audience if she was the new Sun-Focus reporter. Kassie Petermann introduced herself as the new reporter. Nawrocki stated that he, and others in his neighborhood, did not receive their newspaper this week. CITIZENS FORUM -none COUNCIL CORNER Kelzenberg • The Columbia Heights Football Homecoming Game is this Friday. Support them. Williams Diehm Encouraged Kassie, of the Focus, to learn about the NLC Congress of Cities conference that several Councilmembers are attending from November 13 to 18. He is going and wants to come back with good ideas for our community. Pay now - or pay later. Fehst indicated hou~ building costs have increased since Andover and Elk River built their community centers. Stated he is still neutral on the activity center. We need to look at our situation today. Referred to the letter requesting we increase the size of our police force. There is now a lot of counterfeit money circulating in our area. We have not increased our rental housing, but that is where most of our crime takes place. The resident asked how we can regain our city and our quality of life. We can not tolerate these people. Fehst stated that if drugs have anything to do with police calls, there will be zero tolerance and the owner will have to remove the renter to maintain their license. Citizens would support a public safety facility. Fehst stated that we need more active crime watch areas. People should know their neighbors, ca11911 at suspicious activity, and if needed, petition for more lights. Our budget inch~cdes one new officer and the Mayor has requested an additional officer. The City of Minneapolis levy increase will be eight percent, largely due to their police budget. Support our community events. Nawrocki • The property of the letter writer is exceptionally nice. It all wines down. to how we spend our money. We don't prioritize very well. We don't dig into the budge. We only talk about changes and additions. You should see where your money goes now and take out programs that have outlived their usefulness. • Rapid Graphics sponsored the Most Beautify Yard contest, awarding prizes to three yards. Commended them for their efforts to promote cleanup of the community. We should reward them when we do our newsletter. Fehst stated that these type of contests .are typically handled by your Chamber of Commerce. Peterson • Reminder -the Activity Center Commission will meet September 26, 2007, at 7:00 p.m. at Grand Central Lofts. Comments can also be submitted to our Community Development Department. City Council Minutes Monday, September 24, 2007 Page 18 of 24 • Remember in your thoughts and prayers our service men and women. If you see them, thank. them for our freedoms. Peterson stated "Let's not take ourselves too seriously, and do a random act of kindness." ADJOURNMENT Mayor Peterson adjourned the meeting at 8:45 p.m. ~` ~~ Patricia Muscovitz CMC City Clerk ORDINANCE NO. 1530 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO INTERIM USES WITHIN CERTAIN ZONING DISTRICTS IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is thereby amended to read as follows: § 9.103 DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. USE, INTERIM. A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it. Chapter 9, Article I, Section 9.104 (B)(2)(b)(3) of the Columbia Heights City Code, which currently reads to wit: § 9.104 ADMINISTRATION AND ENFORCEMENT. (B) Authority and duties for administration, (2) Zoning Administrator. (b) Duties. The Zoning Administrator shall have the following responsibilities: 3. Receive, file and forward all applications for appeals, variances, conditional use permits, zoning ordinance amendments, vacations, minor subdivisions, preliminary plats, final plats or other matters to the appropriate decision-making body. Is thereby amended to read as follows: (B) Authority and duties, for administration. (2) Zoning Administrator. (c) Duties. The Zoning Administrator shall have the following responsibilities: 3. Receive, file and forward all applications for appeals, variances, conditional use permits, interim use permits, zoning ordinance amendments, vacations, minor subdivisions, preliminary plats, final plats or other matters to the appropriate decision-making body. Chapter 9, Article I, Section 9.104 (B)(4)(b) of the Columbia Heights City Code, which currently reads to wit: § 9.104 ADMINISTRATION AND ENFORCEMENT. (B) Authority and duties for administration. (4) Planning Commission. City Council Minutes Monday, September 24, 2007 Page 19 of 24 (b) Duties. The Planning Commission shall have the following responsibilities: 1. Hear and make recommendations to the City Council regarding all applications for a conditional use permit or an amendment to a conditional use permit. 2. Hear and make recommendations to the City Council regarding all applications for an amendment to this article, both text amendments and amendments to the district boundaries on the official zoning map. 3. Hear and make recommendations to the City Council regarding all applications for minor subdivisions, preliminary plats and final plats. 4. Review, hold public hearings, and prepare recommendations on any changes to the City's Comprehensive Plan. 5. Review this article from time to time and make recommendations to the City Council that changes be initiated. 6. Hear and make recommendations on any other matter referred to it by the City Council. Is thereby amended to read as follows: § 9.104 ADMINISTRATION AND ENFORCEMENT. (B) Authority and duties for administration. (4) Planning Commission. (b) Duties. The Planning Commission shall have the following responsibilities: 1. Hear and make recommendations to the City Council regarding all applications for a conditional use permit or an amendment to a conditional use permit. 2. Hear and make the fmal decisions on all applications for an interim use as defined in this article. 3. Hear and make recommendations to the City Council regarding all applications for an amendment to this article, both text amendments and amendments to the district boundaries on the official zoning map. 4. Hear and make recommendations to the City Council regarding all applications for minor subdivisions, preliminary plats and final plats. 5. Review, hold public hearings, and prepare recommendations on any changes to the City's Comprehensive Plan. changes be initiated. 6. Review this article from time to time and make recommendations to the City Council that 7. Hear and make recommendations on any other matter referred to it by the City Council. **NOTE** Existing § 9.104 (B)(4)(b)(2) and § 9.104 (B)(4)(b)(3-6) shall be renumbered accordingly. Chapter 9, Article I, Section 9.104 of the Columbia Heights City Code, is thereby amended to read as follows: § 9.104 ADMINISTRATION AND ENFORCEMENT. (A-H) [SECTIONS TO REMAIN UNCHANGED] (I) Interim zzses. (1) Purpose. The interim use process provides for a temporary use of land for a specific period of time, and may be allowed upon demonstration that such use meets identified standards established in this article. It is intended that the interim use of land does not run with the land, and would need to be approved upon each subsequent use. (2) Right of application. Any person with a legal interest in the property may file an application for an interim use, provided said interim use is identified as an interim use within the zoning district in which the property is located. (3) Application for interim use. An application for an interim use shall be filed with the Zoning Administrator on the approved form and shall be accompanied by a site plan, a detailed written description of the proposed use and any other information determined by the Zoning Administrator to be necessary. (4) Public hearing. The Planning Commission shall hold a public hearing on the complete application for an interim use in accordance with the regulations of this section. After the close of the public hearing, the Planning Commission shall make findings and make the final decision regarding the application. (5) Re~Iuired findings. The Planning Commission shall make each of the following findings before granting an interim use: (a) The use is one of the interim uses listed for the zoning district in which the property is located, or is a substantially similar use, as determined by the Zoning Administrator. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. City Council Minutes Monday, September 24, 2007 Page 20 of 24 (c) The use will not impose hazards or disturbing influences on neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. (f) Adequate measures have been or will be taken to minimize traffic congestion on the pubic streets and to provide for appropriate on-site circulation of traffic. (g) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. (6) Conditions of approval. The Planning Commission may establish any reasonable conditions of approval that are deemed necessary to mitigate adverse impacts associated with the interim use, to protect neighboring properties, and to achieve the objectives of this article. (7) Time duration. An interim use shall be granted for a maximum of ninety (90) days per calendar year, unless otherwise specified in this article. (8) Discontinzzazice. An interim use shall be deemed discontinued after the specified time duration has elapsed. Upon discontinuance of an interim use, all subsequent interim uses shall require an interim use permit. **NOTE** Existing § 9.104 (I) and § 9.104 (J-O) shall be re-lettered accordingly. Chapter 9, Article I, Section 9.106 (G)(5) of the Columbia Heights City Code, which currently reads to wit: § 9.106 GENERAL, DEVELOPMENT STANDARDS. (G) Tempormy uses and structzres. The following temporary uses and structures shall be permitted in all zoning districts unless specified otherwise, provided such use or structure complies with the regulations of the zoning district in which it is located and all other applicable provisions of this article: (5) Seasonal agricultural sales. The seasonal outdoor sale of agricultural products, including but not limited to produce, plants and Christmas trees, may be allowed as a conditional use (temporary in nature) for a maximum of 90 days per calendar year, provided such use does not utilize public right-of--way or public property for the sale or display of such items. (6) Other temporary uses. In addition to the temporary uses and structures listed above, the Zoning Administrator may allow other temporary uses and structures for a maximum of 15 days per calendar year, provided the said use or structure is substantially similar to the uses and structures listed herein. Is thereby amended to read as follows: 9.106 GENERAL DEVELOPMENT STANDARDS. (H) Temporary uses and structures. The following temporary uses and structures shall be permitted in all zoning districts unless specified otherwise, provided such use or structure complies with the regulations of the zoning district in which it is located and all other applicable provisions of this article: (5) Other temporary uses. In addition to the temporary uses and structures listed above, the Zoning Administrator may allow other temporary uses and structures for a maximum of 15 days per calendar year, provided the said use or structure is substantially similar to the uses and structures listed herein. Chapter 9, Article I, Section 9.107 (C) of the Columbia Heights City Code, is thereby amended to read as follows: § 9.107 SPECIFIC DEVELOPMENT STANDARDS. (A-B) [SECTIONS TO REMAIN UNCHANGED] (C) Specific Development StazTdm•ds. The following uses are subject to specific development standards: (20) Fireworks tents. (a) The fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the Community Development Department and the Fire Department. (b) The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter 1124. (b) The fireworks tent shall be accessory to a commercial use. (c) Fireworks tents located within the public right-of--way are prohibited. (d) All goods shall be displayed on a designated impervious surface area. (e) All goods shall be displayed in an orderly fashion, with access aisles provided as needed. (f) Music or amplified sounds shall not be audible from adjacent residential properties. (g) The fireworks tent shall not reduce the amount of off-street parking provided one-site below the level required for the principal use. (h) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. (i) Signage shall be limited to two (2) professionally made signs, with a combined square footage not exceeding thirty-two (32) square feet. (j) Fireworks tents may be allowed for a maximum of ninety (90) days per calendar year. **NOTE** Existing § 9.107 (C)(20) and § 9.107 (C)(21-24) shall be renumbered accordingly. Ciry Council Minutes Monday, September 24, 2007 Page 21 of 24 (25) Greenhouses (residential). (a) A residential greenhouse shall only be allowed for one and two family dwellings. (b) A residential greenhouse shall meet all setbacks requirements of an accessory structure in the zoning district it is located. (b) A residential greenhouse structure shall not count against the total number of detached accessory structures allowed on a residential property. (c) A residential greenhouse structure shall not count against the total allowable combined square footage of accessory structures allowed on a residential property. (d) A residential greenhouse shall be allowed during the normal growing season only. (e) When not in use, a residential greenhouse shall be dismantled. **NOTE** Existing § 9.107 (C)(25) and § 9.107 (C)(26-27) shall be renumbered accordingly. (28) Outdoor agricttJtttral/produce sales. (a) The outdoor agriculturaUproduce sales lot shall be accessory to a commercial use. (b) Outdoor agriculturaUproduce sales located within the public right-of--way are prohibited. (c) All goods shall be displayed in a designated area that is hard surfaced. (d) All goods shall be displayed in an orderly fashion, with access aisles provided as needed. (e) Music or amplified sounds shall not be audible from adjacent residential properties. (f) The outdoor agricultural/produce sales lot shall not reduce the amount of off-street parking provided one-site below the level required for the principal use. (g) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. (h) Signage shall be limited to (2) professionally made signs per structure, not exceeding thirty-two (32) square feet per sign. (i) Outdoor agriculturaUproduce sales facilities may be allowed for a maximum of ninety (90) days per calendar year, (29) Outdoor Christmas tree sales. (a) Outdoor Clu-istmas tree sales lots shall be accessory to a commercial use. (b) Outdoor Christmas tree sales located within the public right-of--way are prohibited. (c) All goods shall be displayed in a designated area that is hard surfaced. (d) All goods shall be displayed in an orderly fashion, with access aisles provided as needed. (e) Music or amplified sounds shall not be audible from adjacent residential properties. (f) Outdoor Christmas tree sales lots shall not reduce the amount of off-street parking provided one-site below the level required for the principal use. (g) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. (h) Signage shall be limited to two (2) professionally made signs, with a combined square footage not exceeding forty-eight (48) square feet. (i) Outdoor Christmas tree sales lots may be allowed for a maximum of ninety (90) days per calendar year. **NOTE** Existing § 9.107 (C)(28, 29) and § 9.107 (C)(30-44) shall be renumbered accordingly. Chapter 9, Article I, Section 9.109 of the Columbia Heights City Code, is thereby amended to read as follows: 9.109 RESIDENTI.AL DISTRICTS. (A-D) [SECTION TO REMAIN UNCHANGED] (E) R-1, Single-Family Residential District. (4) Interim Uses. Except as specifically limited herein, the following uses may be allowed in the R-1, Single- Family Residential District, subject to the regulations set forth for interim uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) Greenhouse. (5) Permitted accessory uses. Except as specifically limited herein, the following accessory uses shall be in the R- l, Single-Family Residential District: (a-h) [SECTIONS TO REMAIN UNCHANGED] (F) R-2A and R-2B, Two-Family Residential District. (4) Interim Uses. Except as specifically limited herein, the following uses may be allowed in the R-2-A and R-2B, Two-Family Residential District, subject to the regulations set forth for interim uses in~~' 9.104, Administration and Enforcement, and the regulations for specific uses set forth in~~' 9.107, Specific Development Standards: City Council Minutes Monday, September 24, 2007 Page 22 of 24 (a) Greenhouse. (S) Permitted accessory uses. Except as specifically limited herein, the following accessory uses shall be in the R- 2A and R-2B, Two-Family Residential District: (a-h) [SECTIONS TO REMAIN UNCHANGED] (G) R-3, Limited Mzdtiple-Family Residential District. (4) Interim Uses. Except as specifically limited herein, the following uses may be allowed in the R-3, Limited Multiple-Family Residential District, subject to the regulations set forth for interim uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) Greenhouse. (S) Permitted accessory uses. Except as specifically limited herein, the following accessory uses shall be in the R- 3, Limited Multiple-Family Residential District: (a-h) [SECTIONS TO REMAIN UNCHANGED] (H) R-4, Multiple-Family Residential District. (4) Interim Uses. Except as specifically limited herein, the following uses may be allowed in the R-4, Multiple- Family Residential District, subject to the regulations set forth for interim uses in ~ 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) Greenhouse. (S) Permitted accessory zzses. Except as specifically limited herein, the following accessory uses shall be in the R- 4, Multiple-Family Residential District: (a-h) [SECTIONS TO REMAIN UNCHANGED] Chapter 9, Article I, Section 9.110 of the Columbia Heights City Code, is thereby amended to read as follows: § 9.110 COMMERCIAL DISTRICTS. (A-D) [SECTIONS TO REMAIN UNCHANGED] (E) GB, General Business District. (4) Interim Uses. Except as specifically limited herein, the following uses may be allowed in the GB, General Business District, subject to the regulations set forth for interim uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in~~' 9.107, Specific Development Standards: (a) Fireworks tents. (b) Outdoor agricultural/produce sales. (c) Outdoor Christmas tree sales. (S) Permitted accessory uses. Except as specifically limited herein, the following accessory uses shall be in the GB, General Business District: (a-f) [SECTIONS TO REMAIN UNCHANGED] (F) CBD, Central Business District. (4) Interim Uses. Except as specifically limited herein, the following uses may be allowed in the CBD, Central Business District, subject to the regulations set forth for interim uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) Fireworks tents. (b) Outdoor agriculturaUproduce sales. (c) Outdoor Christmas tree sales. (S) Permitted accessory uses. Except as specifically limited herein, the following accessory uses shall be in the CBD, Central Business District: (a-e) [SECTIONS TO REMAIN UNCHANGED] (6) Off-street parking. The CBD, Central Business District, shall be considered an off-street parking district in which off-street parking is not required for nonresidential land uses. Residential land uses, including those in mixed-use buildings, shall meet the parking requirements of ~ 9.106. (Ord. 1428, passed 5-29-01; Am. Ord. 1460, passed 10-13-03) Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. ORDINANCE NO. 1531 City Council Minutes Monday, September 24, 2007 Page 23 of 24 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO MONUMENT SIGNS WITHIN CERTAIN ZONING DISTRICTS IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.106 (P)(12)(a) of the Columbia Heights City Code, which currently reads to wit: § 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Off-street parking and Ivading (12j Signs in the GB, General Business District. (a) Permitted signs. In the GB, General Business District, the following signs shall be permitted: 1. Any number of walls signs on any side of a building not to exceed 200 square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Provided, however, that if a parcel of land on which a building is located directly abuts residentially zoned land, no wall sign may be located on the side of the building that faces the abutting residential parcel. 2. One freestanding pylon sign only if the building or structure is located adjacent to a state trunk highway and located 20 feet or more from the front lot line, not to exceed 75 square feet per surface and limited to two surfaces. Provided, however, that (a) if the building contains more than 80,000 square feet of gross floor area or the site on which the building is located contains more than 90,000 square feet of surface area, (b) if the street frontage of the site on which the building or structure is located exceeds 150 feet in length, and (c) if the building is located 20 feet or more from the front lot line and is located adjacent to a state trunk highway, a second freestanding sign not to exceed 75 square feet and limited to two surfaces shall be permitted at a location at least 50 feet distant from any other freestanding sign and at least 25 feet distant from the lot line of any adjoining parcel of and other than a street or alley. 3. If not located adjacent to a state trunk highway and/or where the 20-foot building setback cannot be met, one monument sign not to exceed 40 square feet in size, limited to two sides, not to exceed 8 feet in height, and setback a minimum of 5 feet from any property line. 4. Any pylon or monument sign must be a minimum of five feet from any building or structure on the same lot. 5. One wall sign on each side of the building that faces a public alley, not to exceed four square feet per surface and limited to one surface per sign. 6. One area identification sign for each shopping center, not to exceed 100 square feet per surface, limited to four surfaces, in addition to one wall sign for each primary use business, not to exceed 100 square feet per surface, limited to one surface. 7. One identification sign for each use other than primary use, not to exceed two square feet per surface, and limited to one surface. 8. One wall sign per building with an area of the lesser of 20 square feet or''/z square foot for each front foot of a building or structure provided that the said sign is located on the same side of the building as an entrance approved by the City Building Official as a public entrance and provided that the said public entrance and sign faces a parking facility designated by the city as approved public parking. Is thereby amended to read as follows: § 9.].06 GENERAL DEVELOPMENT STANDARDS. (P) Off-street pay°king and loading (1 Z) Signs in the GB, General Business District. (a) Permitted signs. In the GB, General Business District, the following signs shall be permitted: 1. Any number of walls signs on any side of a building not to exceed 200 square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Provided, however, that if a parcel of land on which a building is located directly abuts residentially zoned land, no wall sign may be located on the side of the building that faces the abutting residential parcel. 2. One freestanding pylon sign only if the building or structure is located adjacent to a state trunk highway and located 20 feet or more from the front lot line, not to exceed 75 square feet per surface and limited to two surfaces. Provided, however, that (a) if the building contains more than 80,000 square feet of gross floor area or the site on which the building is located contains more than 90,000 square feet of surface area, (b) if the street frontage of the site on which the building or structure is located exceeds 150 feet in length, and (c) if the building is located 20 feet or more from the front lot line and is located adjacent to a state trunk highway, a second freestanding sign not to exceed 75 square feet and limited to two surfaces shall be permitted at a location at least 50 feet distant from any other freestanding sign and at least 25 feet distant from the lot line of any adjoining parcel of and other than a street or alley. 3. If not located adjacent to a state trunk highway and%or where the 20-foot building setback cannot be met, one monument sign not to exceed 40 square feet in size, limited to two sides, not to exceed 8 feet in height, and setback a minimum of City Council Minutes Monday, September 24, 2007 Page 24 of 24 5 feet from any property line. If such property is located in the Design Overlay Highway District, the maximum height of the monument sign may be increased to 10 feet for those principal structures greater than or equal to twenty-two (22) feet in height. 4. Any pylon or monument sign must be a minimum of five feet from any building or structure on the same lot. 5. One wall sign on each side of the building that faces a public alley, not to exceed four square feet per surface and limited to one surface per sign. 6. One area identification sign for each shopping center, not to exceed 100 square feet per surface, limited to four surfaces, in addition to one wall sign for each primary use business, not to exceed 100 square feet per surface, limited to one surface. 7. One identification sign for each use other than primary use, not to exceed two square feet per surface, and limited to one surface. 8. One wall sign per building with an area of the lesser of 20 square feet or %z square foot for each front foot of a building or structure provided that the said sign is located on the same side of the building as an entrance approved by the City Building Official as a public entrance and provided that the said public entrance and sign faces a parking facility designated by the city as approved public parking. Chapter 9, Article I, Section 9.106 (P)(12)(b) of the Columbia Heights City Code, which currently reads to wit: (b) Restf-ictions. Permitted signs in the GB, General Business District, are subject to the following restrictions: 1. Total signage shall not exceed two square feet for each front foot of building or structure. In the case of multiple occupancy, the wall surface for each tenant, user or owner shall include only the surface area on the exterior facade of the premises occupied by such tenant, user or owner. 2. The maximum height of a sign, including its structures, shall include only the surface area on the exterior facade of the premises occupied by such tenant, user or owner. 3. The maximum height of a pylon sign, including its structures, shall not exceed 25 feet above the grade at street level or at the base of the sign, whichever is greater. The maximum height of a monument sign, including its structures, shall not exceed 8 feet above grade at street level or at the base of the sign, whichever is greater. 4. The sign number and area permitted by this section are considered maximum. These maximums, or any portion thereof, which bare not utilized by the owner, occupant or user of property are non-transferable to any other property owned, occupied or used by such persons or to any other owner, occupant or user of property in the same or other districts. Is thereby amended to read as follows: (b) Resh~ictions. Permitted signs in the GB, General Business District, are subject to the following restrictions: 1. Total signage shall not exceed two square feet for each front foot of building or structure. In the case of multiple occupancy, the wall surface for each tenant, user or owner shall include only the surface area on the exterior facade of the premises occupied by such tenant, user or owner. 2. The maximum height of a sign, including its structures, shall include only the surface area on the exterior facade of the premises occupied by such tenant, user or owner. 3. The maximum height of a pylon sign, including its structures, shall not exceed 25 feet above the grade at street level or at the base of the sign, whichever is greater. The maximum height of a monument sign, including its structures, shall not exceed 8 feet above grade at street level or at the base of the sign, whichever is greater, unless the monument sign is located in the Design Overlay Highway District. In this case, the maximum height may be increased to ten (10) feet above grade at street level or at the base of the sign, whichever is greater, if the principal structure is greater than or equal to twenty-two (22) feet in height. 4. The sign number and area permitted by this section are considered maximum. These maximums, or any portion thereof, which bare not utilized by the owner, occupant or user of property are non-transferable to any other property owned, occupied or used by such persons or to any other owner, occupant or user of property in the same or other districts. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage.