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HomeMy WebLinkAboutApril 28, 2008OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING APRIL 28, 2008 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, April 28, 2008 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDERfROLL CALL/INVOCATION Rev. Bill Hugo of St. Matthew Lutheran Church gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed Resolution No. 2008-93 rental license revocation, as the property has been brought into compliance. Nawrocki requested to make comments regarding the SRA and public safety building. He stated that the agenda was not on cable TV Friday or Saturday. PROCLAMATIONS PRESENTATIONS RECOGNITION ANNOUNCEMENT AND GUESTS A. Swearing in of Police Chief Scott Nadeau Mayor Peterson introduced Scott Nadeau and issued the Oath of Office to Police Chief Nadeau. Nadeau stated this is an incredible opportunity for him. He is very impressed with this police department and looks forward to working with this city. Nadeau introduced his family that was present in the audience. B. Swearing in of Officer Ron Dietz Chief Nadeau gave Officer Dietz's background and issued his Oath of Office. Officer Dietz thanked the Council and the Police Department for this opportunity. Na~~Irock: commended the Mayor for h?S choice of Police Chief He has met with h?m and ?S impressed. Nawrocki stated that Captain Roddy will retire this week and has done a good job for this city for 30 plus years. Captain Roddy thanked the Council and Councilmember Nawrocki for their kind words. Williams also thanked the Mayor for his decision and wished Roddy success in the future. C. Police Department Citizen Commendation -Chelaine Pahngren Captain Roddy and Chief Nadeau recognized a Columbia Heights employee that assisted our personnel in a situation. above and beyond the call of duty. Roddy described the event and Ms. Chelaine Pahngren's actions to assist and protect our officers. Pahngren thanked everyone and stated her appreciation for this honor. She stated her pleasure to be on the management team for Sarna's restaurant. Nawrocki stated that she also assisted with the Booster's banquet last night. D. 2008 Community Recognition Awards -Individual, Youth, Business, and Community Organization - by Ann Dillard, Values First City Council Minutes Monday, Apri128, 2008 Page 2 of 20 Captain Roddy introduced Ann Dillard, Director of Values First. Dillard stated her honor to be the new Values First Director. She listed her background, which includes areas of youth improvement. She stated her pleasure to present the Values First Community Recognition Awaras. a. Ann Dillard indicated the Individual Community Recognition award will be given to Matt Miller. Roddy accepted the award for him. Miller has received one of only three national heroic medals given this year. He was part of our local football team. Miller was working on the 35W Bridge as it fell and helped to save many lives through his selfless act of bravery. He was recommended for this award by his sister, Rebecca. Roddy introduced Liz Bray, Recreation Coordinator, to present the next two awards. b. Youth award to Ashley Milewski: Bray listed Milewski's volunteer efforts for the Columbia Heights Recreation Department. Ashley thanked Liz and stated that she wanted to help children have the same wonderful experience she did. c. Business award to Tasty Pizza: Bray stated that Todd Estrem has continually contributed food and service for local youth organizations and city events. Peterson stated that this is not new for him. The history of Tasty Pizza's community service is well known since the 1960's and Todd keeps up the tradition of supporting our community. d. Community Organization: Nicole Halabi stated that Sister Cities International is being honored and introduced Dolores Strand, Co-Chair. This group has initiated a youth exchange with our sister city, Lomianki Poland. Gilbert Arlros, Co-Chair, and Strand accepted the award. Strand brought forward members of the committee that were present. Strand stated they do humanitarian and educational projects. Dorothy Penate, Chair of the Children's Hospital fundraiser stated that they raised $7,000 at their event last week. Nawrocki stated that Ashley is his granddaughter and that he is a Sister Cities committee member. He congratulated all the recipients. E. Proclamation -Safe and Sober -Buckle up, click it or ticket. Mayor Peterson read the Safe and Sober Proclamation. Captain Roddy thanked the Council for their support of this program, which began in 2001. There has been a steady down trend in accident statistics since that time. Fehst admitted that twice he was in violation of this law, and had changed his ways. Peterson stated that this is the last time Captain Roddy will be present at a Council meeting. There will be a retirement party held for him this Wednesday. Peterson stated that he has known Captain Roddy since he was a young roan and expressed his gratitude for the work he has done. F. Proclamation - 2008 Community Prayer Breakfast -May 14, 2008 Mayor Peterson read the Community Pray Breakfast proclamation and invited everyone to attend this event. It will begin at 7:00 a.in. and feature the Teen Challenge program and a forty member choir. Penate stated that this event is for no specific faith. Peterson asked to move up the Anoka County assessment service item. 1. Approve Joint Powers Agreement with Anoka County for Assessment Services Nawrocki questioned the years of the contract. Anoka County Assessor John Sutherland stated City Council Minutes Monday, Apri128, 2008 Page 3 of 20 this is a move to have all cities on the same time frame. Nawrocki questioned the increase in the contract. Sutherland explained the contract costs, indicating that each year only the actual cost would be billed. Tim Utz, 556 40`'' Avenue, questioned potential growth in the next nve years. Sutherland indicated that he began in 2003, and rates were not raised as there was a large amount of growth in the county, but such growth is not anticipate in the future. Motion by Diehm, second by Williams, to approve the joint powers agreement with Anoka County for assessment services, effective January 16, 2008 -January 1 S, 2013, and to authorize the Mayor and City Manager to execute the agreement. Upon vote: All ayes. Motion carried. CONSENT AGENDA City Manager Walt Fehst took Councilmembers through the Consent Agenda items. Nawrocki requested to remove Item N for discussion. A. Approve the minutes of the April 14 City Council meetinP and the April 21 continued Board of Review meeting. Motion to approve the minutes of the April 14, 2008 City Council meeting Motion to approve the minutes of the April 21, 2008 continued Board of Review meeting. B. Accept minutes of the Columbia Heigihts Board and Commission meeting. Motion to accept the minutes of the January 23, 2008 HRA meeting. C. Adopt Resolution 2008-80, being a Resolution of the 2008-2010 IUOE Labor Agreement Fehst stated there are three labor agreements. All contracts are at three percent this year; 3.5 percent next year and three percent the following year. Nawrocki asked how the rate adjustments were determined. Linda Magee, Assistant to the City Manager and Human Resources Director, stated it was based on contract negotiations, and mediation with the 49er's. We look at other cities and surveys to see where we fall. The holiday pay change in the contract is consistent with the personnel policy for rioit-Linion errtployees. TI'ie defciT'Cd Compel'isatlfin Change 1S ConSlstent wlth wriat Other groups received. Increases were included in the 2008 projected budget. Nawrocki requested the specific dollar amount for the total cost of increased wages and benefit changes. Magee stated that the severance pay plan was changed for ASFME; it is a health savings plan. Fehst stated that this allows the employee to set aside money to continue their health insurance coverage when they retire. Magee stated that sick leave and severance is currently 33 percent, and as a compromise we lowered the amount for 1-5 years of employment. The City does not incur any cost by this RHS plan. Magee stated that anticipated costs were placed in the contingency fund. Fehst stated that sometimes employees are not replaced immediately, so an exact budget amount is difficult to project. Motion to waive the reading of the resolution, there being ample copies available to the public. Motion to adopt Resolution 2008-80, regarding the Labor Agreement between the City of Columbia Heights and the International. Union of Operating Engineers, Local 49, effective January 1, 2008 -December 31, 2010. City Council Minutes Monday, Apri128, 2008 Page 4 of 20 RESOLUTION 2008-80 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49 WHEREAS, negotiations have proceeded between tlae International Union of Operating Engineers (IUOE), Local No. 49, representing employees of the Public Works Department and members of the City negotiating team, and said. negotiations have resulted in a mutually acceptable contract for calendar years 2008, 2009, and 2010. WHEREAS, changes to the current contract are attached, and a copy of said contract is available at the Office of the City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement, as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2008, 2009, and 2010 for IUOE bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. D. Resolution 2008-81, being a Resolution for the 2008-2010 AFSCME Labor Agreement Motion to waive the reading of the resolution, there being ample copies available to the public. Motion to adopt Resolution 2008-81, regarding the Labor Agreement between the City of Columbia Heights and the American Federation of State, County, and Municipal Employees, effective January 1, 2008 -December 31, 2010. RESOLUTION 2008-81 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL N0.495 WHEREAS, negotiations have proceeded between the American Federation of State, County, and Municipal Employees (AFSCME) Council No. 5, Local No. 495, representing clerical and technical employees of the City, and members of the City' s negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 2008, 2009, and 2010. Vy'HEREAS, changes to the current contract are attached, and a copy of the 2008-2010 contract is available at the Office of the City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement, as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2008, 2009, and 2010 for AFSCME bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. E. Resolution 2008-82, being a Resolution for the 2008-2010 LELS Labor Agreement--Ser eants Motion to waive the reading of the resolution, there being ample copies available to the public. Motion to adopt Resolution 2008-82, regarding the Labor Agreement between the City of Columbia Heights and Law Enforcement Labor Services, Loca1342, Police Sergeants, effective January 1, 2008 -December 31, 2010. RESOLUTION 2008-82 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND LAW ENFORCEMENT LABOR SERVICES, LOCAL 342, POLICE SERGEANTS WHEREAS, negotiations have proceeded between the Law Enforcement Labor Services, Loca1342, representing Police Sergeants of the City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 2008, 2009, and 2010. City Council Minutes Monday, Apri128, 2008 Page 5 of 20 WHEREAS, changes to the current contract are attached, and a copy of said contract is available for inspection at the Office of the City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2008, 2009, and 2010 for LELS, Loca1342- Police Sergeants, bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. F. Approve Transfer of Funds from General Fund to Police Dept 2008 Budget Overtime Line #1020. Motion to transfer $1,200, the amount of money received from Anoka County as partial reimbursement for overtime worked by our member in the Anoka/Hennepin Drug Task Force, for the first quarter of 2008 from the General Fund to the Police Department 2008 Budget line #1020 Overtime. G. Approve Transfer of Funds from General Fund to Police Department Budget to Reimburse Overtime Fund Motion to transfer $1,892.80 received from Unique Thrift Stores and $2,812.87 received from School District #13, a total of $4,705.67 from the General Fund to the Police Department 2008 Budget under line #1020, Police Overtime. H. Authorize extension of contract with Auction Masters to auction excess City property unclaimed/forfeited police evidence and found~roperty Fehst stated this is the same company and dollar amounts as in the past. Nawrocki questioned if the commission was only on items sold. Fehst stated yes. Nawrocki questioned the value of items anticipated for auction this year. Roddy stated that would be difficult to project, but last year the net proceeds were about $4,000. Motion to authorize the City Manager and the Police Chief to enter into a contract (May 2008 to April 2009) with Auction Masters of Maple Grave for auctioning excess city property, unclaimed/forfeited police evidence, and found property with the commission to be set at 25% of the item proceeds and 10% of the vehicle proceeds for the duration of the contract. I. Adopt Resolution No. 2008-87, beint; a Resolution approving~lans and specifications and ordering advertisement for bids for the 2008 Street Reconstruction Project Motion to waive the reading of Resolution No. 2008-87, there being ample copies available to the public. Motion to adopt Resolution No. 2008-87, being a Resolution approving plans and specifications and ordering advertisement for bids for 2008 Street Reconstruction, University Avenue Service Drive, Gity Project Number 0602. RESOLUTION 2008-87 BEING A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, CITY PROJECT 0602 WHEREAS, pursuant to a resolution passed by the Council on Apri17, 2008, the City Engineer has prepared plans and specifications for the Street Reconstruction of University Avenue Service Drive, from 40"' Avenue to 45`h Avenue; City Council Minutes Monday, Apri128, 2008 Page 6 of 20 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, M17VNESOTA: 1. Such plans and specifications identified as 2008 Street Improvement Projects, University Avenue Service Drive, City Project Number 0602 are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in a trade journal an advertisement for bids upon making of such improvement under such approved plans and specifications. The advertisement shall be published a minimum of three weeks prior to the bid opening, shall specify the work to be done, shall state that bids will be received by representatives of the City Council of Columbia Heights until 10:00 a.m. on Tuesday, June 3, 2008 at which time they will be publicly opened at the place designated, will then be tabulated and will be considered by the Council on Monday, June 9, 2008 in the Council Chamber. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, bid bond, or certified check payable to the City of Columbia Heights for 5 percent of the amount of such bid. J. Adopt Resolution 2008-89 declaring the intent to bond for University Avenue Service Drive Street Reconstruction Proiect, City Project 0602 Kevin Hansen, Public Works Director, stated this improvement hearing was held April '7th Nawrocki stated the bond request is for $500,000. Hansen stated that more than half the cost will be paid by grants received. This action only reserves our right to bond and would be brought back to Council in 2009 for actual bonding. Motion to waive the reading of Resolution No. 2008-89, there being ample copies available to the public. Motion to adopt Resolution No. 2008-89, being a Resolution approving the declaration for the official intent of the City of Columbia Heights to Bond for University Avenue Street Reconstruction Project, City Project 0602. RESOLUTION N0.2008-84 DECLARING THE OFFICIAL INTENT OF THE CITY OF COLUMBIA HEIGHTS TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WHEREAS, Internal Revenue Service has issued Tres. Reg. 1.140-2 providing that proceeds of tax exempt bond used to reimburse prior expenditures will be not be deemed spent unless certain requirements are met; and, `NIIEREAS, the City of Columbia Heights (the "City") expects to incur certain expenditures which may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a bond; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS AS FOLLOWS: 1. The City reasonably intends to make expenditures for Project #0602 consisting of 2008 Street Reconstruction and reasonably intends to reimburse itself for such expenditures from the proceeds of debt to be issued by the City in one or more series in the maximum principal amount of $500,000. 2. This resolution is intended to constitute a declaration of official intent for purposes of Tres. Reg. 1.150-2 and any successor law, regulating or ruling. K. Adopt Resolution 2008-90 being a Resolution restricting_parking on University Avenue Service Drive. Nawrocki asked why we would limit street parking here. Hansen stated that to meet state aid rules we need to designate no parking. Peterson stated that the residents are aware of this requirement. Motion to waive the reading of Resolution No. 2008-90, there being ample copies available to the public. City Council Minutes Monday, Apri128, 2008 Page 7 of 20 Motion to adopt Resolution No. 2008-90, being a resolution restricting parking on University Avenue Service Drive, 40th Avenue to 53rd Avenue. RESOLUTION N0.2008-90 BEING A RESOLUTION RELATING TO PARKING RESTRICTIONS UNIVERSITY AVENUE SERVICE DRIVE FROM 40' Er AVENUE TO 53R° AVENUE IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA. WHEREAS, THIS RESOLUTION was passed this 28`" day of April, 2008, by the City of Columbia Heights in Anoka County, Minnesota. The Municipal Corporation shall hereinafter be called the "City" WITNESSETH: WHEREAS, the "City" has ordered the improvement of University Avenue Service Drive from 40`" Avenue to 45`" Avenue in the City of Columbia Heights, Minnesota; and WHEREAS, the "City" will be expending Municipal State Aid Funds on the improvement of this street, and WHEREAS, future "City" plans may include the improvement of University Avenue from 45`" to 53`d Avenues, and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street; and approval of the proposed construction must therefore be conditioned upon certain parking restrictions. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS: That the "City" shall ban the parking of motor vehicles on both sides of the University Avenue Service Drive at all times. L. Adopt Resolution No. 2008-91 accepting a 2008 Clean Water Legacy Grant from BS`vVR in the amount of $42 588 for Silver Lake Beach Hansen stated there is also a bid to be considered tonight for improvements. We were required to include extensive work to meet water shed requirements. Both BSWR and the Rice Creek Watershed recognized this need at Silver Lake and agreed to help pay for this. Hansen stated that we are making improvements to satisfy rules for water infiltration. This will create an amenity that would not always have water in it and will benefit the lake and beach area. Nawrocki indicated that he did not feel this was an amenity. Hansen stated that it is not a visual amenity, but we are working to improve this. Motion to waive the reading of Resolution No.2008-91, there being ample copies available to the public. Motion to adopt Resolution No. 2008-91, being a resolution accepting a 2008 Clean Water Legacy Grant in the amount of $42,588 and authorizing the Mayor and City Manager to enter into an agreement for the same. RESOLUTION NO. 2008-91 THE CITY OF COLUMBIA HEIGHTS ACCEPTING A 2008 CLEAN WATER LEGACY GRANT FROM BSWR IN THE AMOUNT OF $42,588 FOR SILVER LAKE BEACH WHEREAS, this agreement is between the State of Minnesota, acting by and through its Board of Water and Soil Resources, hereinafter referred to as the "Board", and the City if Columbia Heights described above, hereinafter referred to as the "Grantee". WHEREAS, Minnesota Statutes Section 1038.3361 to 1038.3369 (1998) establishes a Local Water Resources Protection and Management Program, hereinafter referred to as the "Program", and authorizes the Board to award grants to local governmental units meeting the necessary statutory and rule requirements for implementing a comprehensive local water plan; and City Council Minutes Monday, Apri128, 2008 Page 8 of 20 WHEREAS, the Laws of Minnesota 2006, Chapter 251, authorizes the Clean Water Legacy Act; and, WHEREAS, the Minnesota Legislature, by S.F. 2096, Article 1, Sect. 5, appropriates funds to the Board for implementation of the Clean Water Legacy Act; and WHEREAS, the grantee has Board approved and locally adopted local water or watershed district plan, hereinafter referred to as the "Plan", and WHEREAS, the Board has selected and approved the application from the City of Columbia Heights for funding; and, WHEREAS, the Grantee represents that it is duly qualified and willing to perform the services set forth herein. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: That the 2008 Clean Water Legacy Grant for Silver Lake in the amount of $42,588 is approved. M. Accept a 2008 Urban Storm Water Grant from the Rice Creek Watershed District in the amount of $35 490 for Silver Lake Beach. Motion to accept a 2008 Urban Storm Water Cost Share Grant in the amount of $35,490 for Silver Lake Beach from the Rice Creek Watershed District. N. Approve Demolition of Chutney Building at 3700 Central Avenue -removed O. Establish a Public Hearing on Tuesday. Mav 27.2008 to consider an alley Licht based upon a petition received. Motion to establish Tuesday, May 27, 2008 at 7:00 p.m. as a Public Hearing for consideration of an alley light between 3850 and 3854 Tyler Street. P. Approval of the attached list of rental housing license applications, in that they have met the requirements of the Residential Maintenance Code. Motion to approve the items listed for rental housing license applications for Apri128, 2008. Q. Approve Business License Applications Motion to approve the items as listed on the business license agenda for Apri128, 2008 as presented. R. Approve payment of the bills. Motion to approve payment of the bills out of the proper fund as listed in the attached check register covering Check Number 125511 through Check Number 125693 in the amount of $747,198.44. Motion by Nawrocki, second by Williams, to approve the Consent Agenda items, with the exception of item N. Upon vote: All ayes. Motion carried. N. Annrove Demolition of Chutney Buildinc at 3700 Central Avenue -removed Nawrocki questioned who owns this building. Scott Clark, Community Development Director, stated the current owners still own the building. The demolition will not take place until the transfer of ownership in the next 30 days. Nawrocki indicated displeasure with parking access from the alley. Peterson stated that the plans would be reviewed by the Planning Department, the Planning and Zoning Commission, Traffic Commission, Police Department and others. As commercial lots on Central Avenue are shallow, we do the best we can with what we have. Fehst asked Clark to look into this concern. City Council Minutes Monday, April 28, 2008 Page 9 of 20 Motion by Williams, second by Diehm, to approve the low quote for demolition of the Chutney building at 3700 Central Avenue and its parking lot from Frattalone Companies in the amount of $24,600. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. Adopt Resolution 2008-84, being a Resolution establishing a list of public nuisances for immediate abatement. Fire Chief Gary Gorman stated this is relative to the second reading of the Public Nuisance Ordinance. This resolution is to list items for the immediate abatement process. The public hearing for items assessed will be in the fall of each year. Nawrocki questioned the requirements on garbage containers and open/overflowing dumpsters. Gorman stated that City Code regulates items relative to trash. Gorman stated that we can not check all of the dumpsters every week. The abatement procedure will be posting of a property, followed by a letter, allowing 96 hours to comply. Motion by Diehm, second by Williams, to waive the reading of Resolution No. 2008-84, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution No. 2008-84, being a Resolution establishing a list of public nuisances for immediate abatement. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2008-84 BEING A RESOLUTION IDENTIFYING PUBLIC NUISANCES FOR IMMEDIATE ABATEMENT WHEREAS, The Columbia Heights City Code of 2005 establishes Chapter 8, Article 2 entitled "Public Nuisances"; and WHEREAS, a Public Nuisance is defined as a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public; and WHEREAS, City Code allows for the abatement of those nuisances that the City Council, by Resolution, specifically identify as situations in which an immediate abatement shall occur. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Columbia Heights adopts these public nuisances for immediate abatement. NUISANCE CITY CODE Garbage and rubbish Chapter 8, Article 3 Garbage containers /dumpsters Chapter 8, Article 3 -Chapter SA, Article 2 Appliances Chapter 8, Article 3 -State Statute 609.675 Recycling Chapter 8, Article 3 Hazardous materials State Statute 609.671 Yard waste Chapter 8, Article 3 -Chapter SA, Article 2 Composting Long grass and weeds Fire wood Outside storage Sidewalks, parking & driveway hazards Pets /animals Junk vehicles Parking on landscape Public nuisances Chapter 8, Article3 Chapter 4, Article 2 -Chapter SA, Article 2 Chapter SA, Article 2 Chapter SA, Article 2 Chapter SA, Article 2 Chapter SA, Article 2 Chapter 7, Article 2 - Chapter SA, Article 2 Chapter SA, Article 2 Chapter 8, Article 3 -Section 8.202 (A), (D), (E), City Council Minutes Monday, April 28, 2008 Page 10 of 20 (F}, (G), (H} and Section 8.204 (A}, (C}, (F), (H}, (I), (J}, (L), (M), (N}, (O), (P}, (Q}, (S), (T} 2. First Reading of Ordinance No. 1.544, amending Chapter 4, Article 2 of City Code re arg_ ding tall grass and weeds. Gorman stated that the current ordinance indicates posting of the property and sending a letter for the first two violations. Following the second violation, only the cutting contractor is notified. The recommended change would reduce the notification to one violation. Diehm noted that in 2007, 77.5 percent of the properties were multiple mowing. Knowing that most of the homes in violation are vacant, Diehm requested that f f the home is occupied we give them a second notice. Gorman stated there were five properties that were mowed five times and nine properties that were mowed four times. No property was mowed because a resident was unable to do so; they were either empty or rental properties. Residents are always helped, if they contact us. Motion by Diehm, second by Williams, to waive the reading of Ordinance No. 1544, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to set the second reading of Ordinance No. 1544, for Monday, May 12, 2008, at approximately 7:00 p.m. in the City Council Chambers for amending Chapter 4, Article 2 of City Code. Upon vote: All ayes. Motion carried. 3. Adapt Resolution 2008-85, being a Resolution establishing tall grass and weed abatement char es. Gorman stated this is a change to the cost of mowing properties in violation of the Ordinance. The current charge is $60 an hour, with a minimum of two hours. The number of foreclosed properties mowed has become a burden on the taxpayers of the community. This resolution allows charging on a graduated scale; the more tunes we mow them, the higher the cost. This proposal would be the cost to us, plus an administrative fee. If the property has already been cut when the contractor arrives, the property owner is still charaged, because of the time and cost expended. Diehm questioned if the City Attorney was comfortable with the extra cost after the reduction of notifications required. Jim Hoeft, City Attorney, indicated that we are probably not recouping our costs, and by the fifth cutting the charge would be closer to covering our costs. Motion by Diehm, second by Williams, to waive the reading of Resolution No. 2008-85, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution No. 2008-85, being a Resolution establishing tall grass and weed abatement charges. Nawrocki questioned the determination of the fees. Gorman again explained the past and proposed fees. Williams stated that as most cuttings are on foreclosed property, would a new owner be penalized. Gorman stated that grass cutting is invoiced monthly. Potential owners should contact the City to find if there are special assessments on a property or they should require their title company to do an official assessment search. Peterson suggested a newspaper article to clarify City Council Minutes Monday, April 28, 2008 Page 11 of 20 this. Utz asked if there would be a legal issue if a neighbor mowed the grass of a vacant or abandoned neighbor's yard. Hoeft stated that if it did not violate the ordinance, we would not be involved. Nawrocki stated that we should not lose money on this program. Upon vote: All ayes. Motion carried. RESOLUTION N0.2008-85 BEING A RESOLUTION ESTABLISHING THE CITY OF COLUMBIA HEIGHTS TALL GRASS AND WEED ABATEMENT CHARGES WHEREAS, the City of Columbia Heights has adopted City Code Chapter 4, Article II, Section 4.203 pertaining to tall grass and weed removal and, WHEREAS, the City of Columbia Heights has the responsibility to enforce the City Code, NOW, THEREFORE, BE IT RESOLVED that the City of Columbia Heights adopts the following Tall Grass and Weed Abatement charges: First and second abatement per season: Invoiced cost plus $60.00* Third and fourth abatement per season: Invoiced cost plus $75.00* Fifth or more cuttings per season: Invoiced cost plus $100.00* *Plus State sales tax. Abatement charges will be enforced once the contractor has been given the property address, regardless of whether the violations have been abated prior to the contractor's arrival. 4. Adopt Resolution 2008-86. being a Resolution establishinu nronertv maintenance inspection fees. Gorman stated this clarifies our property maintenance inspection fee schedule and adds a fee for public nuisance abatement. The license reinstatement fee was ten times the license fee; the recommendation is to reduce that fee to five dines the license fee. This also covers the "no- show" fee, which is now included and will cover the immediate abatement fee. Diehm thanked Chief Gorman for his effort to set appropriate inspection fees. Motion by Diehm, second by ~~'illiams, to waive the reading of Resolution No. 2008-86, there being ample copies available to the public. Upon vote: All ayes. Tviotion carried. Motion Diehm, second by Williams, to adopt Resolution No. 2008-86, being a Resolution establishing property maintenance inspection fees. Nawrocki questioned the $60 inspection fee when snore than one inspection can be made per trip. Utz stated his opinion that this fee was too low. Dwayne Morrell, 4212 Reservoir Boulevard, asked if the Fire Department was not doing inspections, what would they be doing. Diehm stated that was hypothetical, because if they were not doing these duties, the department would be structured differently. Morrell suggested the mowing be completed by seasonal employees. Diehtn stated that we can not make a profit from this. Nawrocki gave the history of the fire department inspection program. Fehst stated that the mix of their duties is beneficial and we have an aggressive inspection system. We use youth to cut city City Council Minutes Monday, Apri128, 2008 Page 12 of 20 property, but on private property there would be a liability. Peterson stated this program evolved through a lot of hard work, and the fire department does a great job. Upon vote: All ayes. Motion carried. RESOLUTION N0.2008-86 BEING A RESOLUTION ESTABLISHING PROPERTY MAITENANCE INSPECTION FEES AS AUTHORIZED BY CHAPTER SA OF CITY CODE OF 2005 WHEREAS, Ordinance No. 1490, City Code of 2005, pertaining to Property Maintenance regulations provides for the establishing of fees; and WHEREAS, the City has authorized changes to property maintenance fees from time to time; and WHEREAS, the City finds there is a need to modify the property maintenance fee structure at this time; and THEREFORE, BE IT RESOLVED, that the property maintenance fee structure listed below shall be adopted and effective May 1, 2008. RENTAL LICENSING FEES Rental property license - 1 unit $50.00 per building plus $40.00 per unit Rental property license - 2 thru 10 units $50.00 per building plus $20.00 per unit Rental property license - 11 thru 30 units $50.00 per building plus $15.00 per unit Rental property license -over 30 units $50.00 per building plus $10.00 per unit License Reinstatement after Revocation/Suspension Five times annual license fee ABATEMENT FEES Immediate Abatement Administrative Fee $75.00 per abatement Abatement Administrative Fee $200.00 per abatement 5. 2nd Reading of Ordinance No. 1543, being an Ordinance authorizing the conveyance of certain real estate located at 3710 3718 and 3722 Central Avenue. Clark stated that the EDA has approved the conveyance of this property to them. Motion by Williams, second by Kelzenberg, to waive the reading of Ordinance No. 1543, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Ordinance No. 1543, being an ordinance authorizing the conveyance of certain real estate located at 3710, 3718 and 3722 Central Avenue. Nawrocki stated concern for the hazard of anyone walking in the alley, and indicated he could not support this action. Diehm stated her support of this, but requested to be kept advised during the planning process. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes 1 nay. Motion carried. ORDINANCE NO. 1543 BEING AN ORDINANCE AMENDING THE CITY CODE OF 2005 AUTHORIZING TO CONVEY CERTAIN REAL ESTATE LOCATED AT 3710, 3718 AND 3722 CENTRAL AVENUE. The City of Columbia Heights does ordain: Section 1:The City of Columbia Heights, a Minnesota municipal corporation, may convey unto the Columbia Heights Economic Development Authority, the real property described as follows, to wit: 3710 Central Avenue-Lot 16, Block 87, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota 3718 Central Avenue-Lot 15, Block 87, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota 3722 Central Avenue-Lot 14, Block 87, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota Section 2:The Mayor and City Manager are herewith authorized to execute a deed to effectuate the conveyance of said real estate. Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. City Council Minutes Monday, Apri128, 2008 Page 13 of 20 B. Bid Considerations 1. Adobt Resolution 2008-83. beinu a Resolution accentint? bids and awarding contract for 2008 Park Improvement Projects Hansen stated this project is for Sullivan and Silver Lake parks. Fourteen bids were received for site grading, shelters, walking paths, parking and access improvements. Hansen described the stone/concrete piers that were alternates. Bids received were eleven percent under the architect's estimate. Therefore, it is recommended to add back the tree planting, stone piers, outsouree the paths paving, and enclose the restrooms with black chain link fence. The park consultant has had experience with this company and they have done work in Coon Rapids. Hansen indicated the funding sources for these projects and recommended approval. Motion Kelzenberg, second by Williams, to waive the reading of Resolution No. 2008-83, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2008-83, that being a resolution accepting bids and awarding the 2008 Park Improvements for Sullivan Lake and Silver Lake Beach, including Sullivan Lake Alternates A8, A9 and A10 and Silver Lake Beach Alternates A10 and A16, Project Numbers 0805 & 0806, respectively; to American Liberty Construction of Rockford, Minnesota in the amount of $633,220.93, based upon their low, qualified responsible bid; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Nawrocki suggested not doing the add backs, saving the funds for projects sucl-i as cleaning water lines. These items would just bring in more money for the architect. Hansen stated that the consultant fee was a fixed amount. Hansen explained the positive aspects of the add backs. Utz questioned the percentage between the highest and lowest bidder and indicated it would be best to select amid-range bid. Williams stated the importance of paying prevailing wage. Motion by Nawrocki to remove the $57,900 of alternates from the bid. Peterson called for a second. Motion died far lack of a second. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. 5 ayes. Motion carried. RESOLUTION NO. 2008-83 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE 2008 PARK IMPROVEMENTS, CITY PROJECT NO. 0805 & NO. 0806 TO AMERICAN LIBERTYCONSTRUCTION, INC. WHEREAS, pursuant to an advertisement for bids for City Project No. 0805 and 0806, Sullivan Lake Park and Silver Lake Beach Park, bids were received, opened and tabulated according to law. Bids were received complying with the advertisement. WHEREAS, it appears that American Liberty Construction, Inc., PO Box 547, Rockford, Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with American Liberty Construction, Inc. in the name of the City of Columbia Heights, for the 2008 Sullivan Lake & Silver Lake Beach Park Improvements, City Project No. 0805 & 0806, according to plans and specifications therefore approved by the City Council Minutes Monday, Apri128, 2008 Page 14 of 20 Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. 3. City Project No. 0805 & 0806 shall be funded with Parks Capital Improvement Funds, Storm Water Funds and Grant funds. C. Other Business 1. Approve Joint Powers Agreement with Anoka County for Assessment Services Addressed earlier in the meeting. 2. Approve Site Lease Aureement with Verizon Wireless for a Communication Antenna Hansen stated that we have finalized a lease agreement for a monopole at the public works building site of 25 by 55 feet for a cellular communication tower and enclosed building. This would not compromise our operations and would benefit the city. An annual fee of $16,000 is recommended, which is $10,000 less than the charge to be located on a water tower. This is because there is a higher cost for the ground-up build. There is a three percent escalation on the fee for five years with a renewable term of four additional, five-year terms. This agreement would allow for additional use of the property for additional revenue. The pole would be 110 feet high. The city attorney has reviewed and approved the lease to form. Diehm questioned removal of the structure if their business ends. Jim Hoeft, City Attorney, stated that is covered under our city code. Nawrocki requested a description of the pole. Hansen and Dave Fischer of Verison explained the structure. Hansen described current use of our water tower and Parkview Villa for antennas. Hansen and Fisher explained the number of antennas and the location. Fisher described the high cost of a ground build. They have conceded to give up the extra rights and fees for use of the property. Nawrocki. questioned the number of antennas allowed on this pole. Hansen stated that there could be three levels with 12 antennas on each level. Fisher referred to the structural limitations. Diehm asked if this would allow two additional carriers on this pole. Hansen stated yes, and that any additional provider would be required to conduct an interference study. Fischer indicated that the FCC mandates the frequencies. Motion by Williams, second by Kelzenberg, to approve a lease agreement with Verizon Wireless for use of the Municipal Service Center Land to install a communication tower, and authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. 2nd Readinu Ordinance No.1540. Issuance and Sale of Taxable G.O. Housing Improvement Area Bonds Series 2008A Clark stated this is the second reading for the Sullivan Shores bonds. Staff has met with the group and their contractor. The 45 day grace period will end on May 12 and we will proceed with a disbursement agreement. Cash for the project will not be available until July 13, so the contractor will begin the work in May and cover the cost for 13 weeks. Motion to waive the reading of Ordinance No. 1540, there being ample copies available to the City Council Minutes Monday, April 28, 2008 Page 15 of 20 public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Ordinance No. 1540, being an Ordinance providing for the Issuance and Sale of appraximately $2,785,000 Taxable General Obligation Housing Improvement Area Bonds, Series 2008A. Upon vote: All ayes. Motion carried. Mayor Peterson called a five minute recess. ORDINANCE NO. 1540 ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF APPROXIMATELY $2,785,000 TAXABLE GENERAL OBLIGATION HOUSING IMPROVEMENT AREA BONDS, SERIES 2008A THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN: 1. It is hereby determined that: (a) The City has proposed to establish the Sullivan Shores Housing Improvement Area (the "HIA") pursuant to Minnesota Statutes, Sections 428A.11 to 428A.21 (the "Housing Improvement Act"), in order to finance certain housing improvements within the HIA; and (b) In accordance with the Housing Improvement Act, the City has received a petition signed by more than 25% of the owners of housing units within the HIA, and has held a duly noticed public hearing regarding an ordinance establishing the HIA and a resolution imposing a housing improvement fee on housing units in the HIA (the "Fee") in order to finance housing improvements within the HIA; and (c) On March 24, 2008, the City Council adopted the ordinance establishing the HIA and the resolution imposing the Fee on all housing units in the HIA, which ordinance and resolution are effective May 12, 2008 (i.e., 45 days after adoption); and (d) The City expects to enter into a development agreement (the "Agreement) with the Sullivan Shores Townhouses Association, Inc. (the "Association"), regarding construction of the housing improvements; (e) It is necessary and expedient to the sound fmancial management of the affairs of the City to issue its Taxable General Obligation Housing Improvement Area Bonds, Series 2008A (the "Bonds") in a principal amount not to exceed $2,785,000, pursuant to the Housing Improvement Act and the City Charter; and (f) The City is authorized by Minnesota Statutes, section 475.60, subdivision 2(9) to negotiate the sale of the Bonds, it being determined that the City has retained an independent financial adviser in connection with such sale. 2. Ehlers & Associates, as financial advisor to the City, is authorized to negotiate the sale of the Bonds in the maximum principal amount specified in Section 1(e), in accordance with terms of proposal approved by the City Manager and Finance Director. The City Council will meet on June 23, 2008 or such other date specified by the City Manager in accordance with the Charter, to consider the sale of the Bonds and take any other appropriate action with respect to the Bonds, subject to (a) the HIA ordinance and fee resolution becoming effective on May 12, 2008, without the timely filing of objections resulting in a veto under Section 428A.18 of the Housing Improvement Act; and (b) the City and Association each having approved and executed the Agreement. 3. This ordinance shall be in full force and effect from and after thirty(30) days after its passage. B. Second reading of Ordinance No. 1542, being an Ordinance amending Ordinance 1490, City Code of 2005 allowing immediate public nuisance abatement. Gorman state this is the second reading of the ordinance to allow for immediate public nuisance abatements. If approved, there would be a 30 day waiting period before the process would begin. Motion by Williams, second by Kelzenberg, to waive the reading of Ordinance No.1542, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg to adopt Ordinance No. 1542, being an Ordinance amending Ordinance 1490, City Code of 2005 allowing immediate public nuisance abatement. Upon vote: All ayes. Motion carried. Ciry Council Minutes Monday, Apri128, 2008 Page 16 of 20 ORDINANCE 1542 BEING AN ORDINANCE AMENDING ORDINANCE 1490, CITY CODE OF 2005 ALLOWING IMMEDIATE PUBLIC NUISANCE ABATEMENT The City of Columbia Heights does ordain: Chapter 8, Article 2, Sections 8.206 and 8.207 of the Columbia Heights City Code be amended as follows: 8.206 ABATEMENT. (A) Notice. Except for these cases determined by the city to require immediate abatement, written notice of violation; notice of the time, date, place and subject of any hearing before the City Council; and notice of City Council order shall be served on the owner of record and any occupant of the premises either in person or by mail. If the premise is not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept notice of violation, notice of violation shall be served by posting it on the premises. (B} Procedure. Whenever the officer charged with enforcement determines that a public nuisance is being maintained or exists within the city, the officer shall provide notice thereof, and that such nuisance be terminated or abated. The notice of violation shall specify the steps to be taken to abate the nuisance and the time within which the nuisance is to be abated. If the notice of violation is not complied with within the time specified, the enforcing officer shall report that fact forthwith to the Ciry Council. Thereafter, the City Council may, after notice as provided herein, and an opportunity to be heard, determine that the condition identified in the notice of violation is a nuisance and further order the nuisance be abated. (C) Emergency procedure; immediate abatement. In cases of emergency, where delay in abatement required to complete the notice and procedure requirements set forth in sub-divisions (A) and (B) of this section will permit a continuing nuisance to unreasonably endanger public health, safety or welfare, the City Council may order immediate abatement of the nuisance. (a) The City Council may, by resolution, identify specific emergency situations in which an immediate abatement shall occur. (D) Immediate abatement. Nothing in this section shall prevent the city, without notice or other process, from immediately abating any condition which poses an imminent and serious hazard to human life or safety. 8.207 RECOVERY OF COST. (A) Personal liability. The owner of premises on which a nuisance has been abated by the city shall be personally liable for the cost to the city of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, the City Treasurer or other official designated by the City Council shall prepare a bill for the cost and mail it to the owner. Thereupon the amount shall be immediately due and payable at the office of the City Treasurer. (B) Assessment. If the abatement cost as determined above is not paid by the owner, the City Treasurer shall, on or before September 1 next following abatement of the nuisance, list the total unpaid charges along with all other such charges as well as other charges for current services to be assessed under M.S. ~ 429.101, as it may be amended from time to time, against each separate lot or parcel to which the charges are attributable. The City Council may then spread the charges against such property under that statute and other pertinent statutes for certification to the County Auditor and collection along with current taxes the following year or in annual installments, not exceeding ten, as the City Council may determine in each case. C. Adopt Resolutions 2008-93 1230-32 Circle Terrace Boulevard N E 2008-94 660-662 47-1/2 Avenue N.E., 2008-95, 4636 Washington Street N.E. 2008-96 1337-1339 Circle Terrace Boulevard N.E. 2008-97 4554 6th Street N.E. being Resolutions approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes Resolutions 2008-93 and 2008-97 were removed as the properties have been brought into compliance. Gorman requested that Resolution No. 2008-94, 660-662 47`h Avenue be tabled, as the property is vacant and the owner has almost completed the work required. Motion by Williams, second by Diehm, to table Resolution No. 2008-94, 660-662 47`h Avenue. Upon vote: All ayes. Motion carried. Gorman indicated that 4636 Washington it is currently occupied, but is in foreclosure. Revocation is for failure to schedule an inspection and submit a rental license application. City Council Minutes Monday, Apri128, 2008 Page 17 of 20 Gorman indicated that 1337-1339 Circle Terrace, has failed to schedule an inspection and submit a rental license application. Motion by Williams, second. by Kelzenberg, to close the public hearing and to waive the reading of Resolution Number 2008-95, 2008-96, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution Numbers 2008-95, 2008-96, being Resolutions approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5A.408(A) of the rental licenses listed. Upon vote: All ayes. Motion carried. Resolutions may be, found at the end of this document. D. Adopt Resolution 2008-98, 1355-57 Circle Terrace Blvd. N.E. being a declaration of nuisance and abatement of violations within the City of Columbia Heights. Gorman stated that there was a report of excessive water usage, which initiated the inspection. Upon inspection, it was found that the bathroom stool had been running for a long time. Staff shut off the water and secured the building, as it is vacant. Motion Diehm, second by Williams, to close the public hearing and to waive the reading of Resolution Number 2008-98, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion Diel-un, second by Williams, to adapt Resolution No. 2008-98, being a Resolution declaring 1355-1357 Circle Terrace Boulevard 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 may be found at the end of this document. Miscellaneous Nawrocki reported on the Suburban Rate Authority meeting he attended. He stated that we pay $1,600 a year for membership. They work with the utilities groups and with Public Works Departments. Public safety building: Nawrocki stated that he toured the Bloomington public safety building, which is 3 or 4 years old. They have several times our land area and 114 officers, to our 27, including dispatchers, a K-9 unit, and explosive device unit. Their building is 45,000 square feet, and ours is proposed at 22,000 square feet. We need to access if we need that much space. ADMINISTRATIVE REPORTS Report of the City Manager • May 5 work session discussion items: Minneapolis Water Works, Point of Sale, proposed moratorium on rental licenses (as we have had 200-250 foreclosures, which creates problems for neighborhoods), electronic reader boards, and the Civil. Service Commission (to see if we can. speed up our hiring process). Nawrocki • Requested again why costs to build the gym were increasing. Fehst stated that he spoke to the Superintendent of Schools and she said they are still on budget. Overr-t-ms are down to a reasonable number. City Council Minutes Monday, Apri128, 2008 Page 18 of 20 • City newsletter: requested again the publication of the top three salaries in the newsletter or on cable TV. Requested again the additional cost of the new style newsletter. Fehst indicated the costs for editing and extra colo~° acsed. Questioned the value in this. Stated again that with Mr. Schumacher retiring and the downturn of the market, the Community Development Department staffing should be reevaluated. Peterson suggested that Councilmember Nawrocki ask these questions of staff during the week, rather than repeating items from the previous meeting. Nawrocki referred to openness in government. Fehst referred to the Council's external goals, and indicated that the Community Development Department has obtained over $5 million in grants, and is bringing us into the current century. Community development is essential to the city. We can not afford to do less. Fehst recommended filling the position. Peterson indicated that additions or deletions to the agenda are by majority of the Council and will in the future need to be voted upon to be addressed at the next City Council meeting. Nawrocki stated that there should be a New Business agenda item. Peterson referred to his fight for openness in government to have the Council meetings cablecast and to allow the use of computers. Report of the City Attorney -nothing to report CITIZENS FORUM Tim Utz suggested the reinstatement of the drop off facility in Fridley for youth in curfew violation. Diehm stated that we had agreed to pay our portion and think it is a great program, but the program was dropped. Peterson requested the City Manager contact the City of Fridley again on this issue. Dwayne Morrell. suggested an all stop for the crosswalk at 49`'' Avenue. Traffic speed could be reduced for the safety of the children. COUNCII. CORNER Nawrocki spoke of his attendance at the Metro Cities meeting. ADJOURNMENT Peterson stated "Don't forget our service men and women, don't take ourselves to seriously, and do a random act of kindness". . Ys°~t~l./~.~•`U.~+,~,~z.~-~. --,~ \v 'F ''' x'2..7. ~ Patricia Muscovitz CMC r City Clerk/Council Secretary City Council Minutes Monday, Apri128, 2008 Page 19 of 20 RESOLUTION 2008-95 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 Amina Joy Yakubu (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4636 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 April 1, 2008 of an public hearing to be held on Apri128, 2008. 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 February 15, 2008 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 April 1, 2008 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 schedule a rental property inspection and failure to submit relicensing paperwork. 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 F8332 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. RESOLUTION 2008-96 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 James D. Peterson (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1337 Circle Terrace Blvd. 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 April 2, 2008 of an public hearing to be held on Apri128, 2008. 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 February 15, 2008 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 April 2, 2008 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 schedule a rental property inspection and failure to submit relicensing paperwork. City Council Minutes Monday, April 28, 2008 Page 20 of 20 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 F8322 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. RESOLUTION 2008-98 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 Judith Germain (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1355-57 Circle Terrace Blvd., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on April 1, 2008. 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 March 28, 2008 the Fire Department was notified that a vacant house at 1355-57 Circle Terrace Blvd. N.E. may have a broken water pipe and water maybe flowing inside the structure. Inspectors responded and checked finding no signs of a problem. The Water Department noted the water meter counters. 2. That on March 31, 2008 the Water Department noted that over the weekend there was a large amount of water usage in the vacant house. The Fire Department was contacted and the Fire Department called the building owner to notify them of the potential problem. 3. That on April 1, 2008 the Fire Department received a phone call from the owner of the property who stated "Do what you have to do". 4. That on April 1, 2008 the Fire Department forced entry to the stnzeture to stop the water problem. The Public Works Department shut the water off. The Fire Department secured the property to prevent unauthorized entry. 6. That on April 1, 2008 the Fire Department sent statement of cause to the registered owner of the property at the address listed in the Anoka County Property Records database.. 6. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: Approve the immediate abatement of the public nuisance/hazardous building located at 1355-57 Circle Terrace Blvd. N.E. 7. 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 1355-57 Circle Terrace Bvld. 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 1355-57 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.