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HomeMy WebLinkAboutMay 12, 2008OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MAY 12, 2008 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m, on Monday, May 12, 2008 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, NIN. CALL TO ORDER/ROLL CALL/INVOCATION Councilmember Williams 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 tabled Resolution 2008-93, license revocation of 660-662 47th Avenue, in that the property has been brought into compliance. Mayor Peterson also removed Resolutions 200$- 100, 101, 102, 105, 106, 107, and 108 for rental license revocation, in that the properties have been brought into compliance. Nawrocki requested an update of work session items: 47`h and Central, 37th and Central, Civil Service Commission, and water quality. Peterson indicated that the City Manager could include these in his report. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENT AND GUESTS A. Anoka County Historical Society Sesquicentennial Report -Paul Pierce III and Catherine Vesley Catherine Vesley, Anoka County Historical Society, thanked the community for its support. A summary DVD will be made available at the library. Vesley presented the city with a picture of the 1941 Royalty, two information booklets, and coffee mugs for the City Council and City Manager. Paul Pierce III, Anoka County Historical Society, stated that their organization assisted the State of Minnesota in planning their sesquicentennial celebration. Vesley thanked Bob Guzy and the firm of Barna, Guzy and Steffen for their support. The County Sesquicentennial celebration was a very successful event. Peterson read the 1941 Royalty names. Vesley requested Councilmember Nawrocki do a living history tape for the Anoka County Historical Society. B. Mayor Peterson read the National Public Works Week Proclamation Kevin Hansen, Public Works Director, stated the importance of the work done by his department and staff. He thanked the Public Works crew. He also thanked the City Council and the citizenry for the work they are allowed to do here. Nawrocki indicated that Memorial Day services, sponsored by Columbia Heights VFW Post #230, will be held on Monday, May 26, 2008 at 11:30 a.m. at the City Hall memorial. Peterson stated the community's sadness at the loss of Jerry Foss, Park & Recreation Commissioner, Booster, and veteran. He was always a gentleman. We express our sympathy to the family. City Council Minutes Monday, May 12, 2008 Page 2 of 16 CONSENT AGENDA Ciry Manager Walt Fehst took. Council members through the Consent Agenda. A. Approve minutes of the April 28, 2008 Columbia Hei hg; is City Council meeting. Motion to approve the minutes of the April 28, 2008 City Council meeting. B. Accept minutes of the Columbia Heights Board and Commissions. Motion to accept the minutes of the April 1, 2008 Library Board meeting. Motion to accept the minutes of the May 6, 2008 Planning and Zaning Commission meeting. Motion to accept the minutes of the March 26, 2008 Park and Recreation Commission meeting. C. Approve change of Monday May 26 2008 City Council meeting date to Tuesday, May 27, 2008 in observance of the Memorial Day holiday Nawrocki questioned the EDA meeting scheduled for that date. Fehst stated that would be rescheduled to the next day. Motion to waive the reading of Resolution No. 2008-99, there being ample copies available to the public. Motion to adopt Resolution 2008-99, being a Resolution rescheduling the Monday, May 26, 2008 regular City Council meeting to Tuesday, May 27, 2007 beginning at 7:00 p.m. in the City Council Chambers. RESOLUTION NO.2008-99 BEING A RESOLUTION RESCHEDULING THE CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETING OF MONDAY, MAY 26, 2008 WHEREAS: The City of Columbia Heights offices are closed on Monday, May 26, 2008 in observance of Memorial Day; and WHEREAS: The City Council has agreed to reschedule the regular Council meeting to Tuesday, May 27, 2008 beginning at 7:00 p.m. in the City Council Chambers; NOW, THEREFORE, BE 1T RESOLVED, that all interested parties be advised of this change. D. First reading of Ordinance 1545 pertaining to salaries of elected officials. -Removed. E. Approve Transfer of Funds from General Fund to Police Department 2008 Budget Overtime Line #1020. Motion to transfer $3,910.42 collected from the State of Minnesota for our efforts in the Anoka County DWI Task Force program from the General Fund to the Police Department 2008 Budget line #1020, Overtime. F. 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 May 12, 2008. G. Approve Business License Applications Motion to approve the items as listed on the business license agenda for May 12, 2008 as presented, H. 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 i~iumber i2~b94 through Check Number 12857 in the amount of $657,821.33, City Council Minutes Monday, May 12, 2008 Page 3 of 16 Motion by Nawrocki, second by Diehm, to approve the Consent Agenda items, with the exception of item D. Upon vote: All ayes. Motion carried. D. First reading of Ordinance 1545 pertaining to salaries of elected officials. Following the question by Nawrocki, Fehst read nroaosed Ordinance 1545. Nawrocki stated his concern that the ordinance does not include insurance benefits received. With that amount, it places the mayor's salary in the top four of the metro area. Fehst stated the salary history when Nawrocki was mayor. Nawrocki responded concluding the history. Fehst stated that some council members take these benefits and some do not. These benefits have been available to council members for at least 25 years. There are about a dozen other cities that offer this benefit to council members. Diehm stated her support of the ordinance, as it has been 15 years since the last increase. Our community is unique, as our Mayor is in charge of the police department by vote of our citizens. The Mayor has just overseen the hiring of a new police chief. Fehst stated this would place the Mayor's salary at the same amount it was in 1984. Motion by Diehm, second by Williams, to set the second reading of Ordinance 1545, pertaining to salaries of elected officials for Tuesday, May 27, 2008, at approximately 7:00 p.m. in the City of Columbia Heights Council Chambers. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, abstain. 3 ayes, 1 nay, 1 abstention. Motion carried. Williams stated he encouraged this increase two years ago, as the Mayor receives small compensation for all of his time served. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. Adopt Resolution No. 2008-113, being a Resolution approving a Conditional Use Permit for an addition to Columbia Hei htg s High School. 3eff Sargent, City Planner, stated that DeVetter Design Group has requested a variance for the addition at the High School. The exterior work will include landscaping far a community courtyard. and would meet storm. water requirements. This request was heard anal approved by the Planning Commission on a 4 ayes -1 nay vote, as was the Conditional Use Permit. The applicant is present to answer questions. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2008-113, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg to adopt Resolution No. 2008-1.13, approving a Conditional Use Permit for an addition to Columbia Heights High School, located at 1400 49th Avenue, subject to the conditions outlined in Resolution No. 2008-113. Upon vote: All ayes. Motion carried. Paul DeVetter, DeVetter Design Group, stated he would cover where the process is and Terry Hart from Krause Anderson would cover the budget items. DeVetter stated that the basic plan has not changed. He showed a plan of the building, pictures of the exterior where the amount of glazing windows has been reduced, and pictures of the interior design. City Council Minutes Monday, May 12, 2008 Page 4 of 16 Terry Hart, Krause Anderson Construction, indicated they are nearing completion of the design documents. A final estimate of the construction documents will be complete some time next week. Prior to that, the construction costs, fees, and services were at $8,075,000. The current PCY7 YYlAtP iC At ~.R 1 7n ()nn WP ATP. AIl(lllt .QiLl.~ nnn (1VP.r' t11 P, (;i1TT'Pnt flln(llrt fT In t11P rlrellmlrtarV estimate stage. A number of alternates, with add on and deducts, will be included in the bidding documents at a net of about $51,000 to return to the original amount, if necessary. The city portion is about $3,500,000 and $4,075,000 for the school. This includes all permits, fees for design, and all soft cost components. Williams asked the Mayor how many hours he has spend on this project. Fehst stated there have been at least a dozen meetings with school personnel and another dozen meetings with staff. Nawrocki indicated that the City is renegotiating with Comcast. They have suggested removal of their studio. The School, the Library, and the City can all cable cast. Both gyms will have exercise facilities. Nawrocki requested consideration to use the proposed city exercise space for cable service. Peterson stated that the city exercise area would only be 500 square feet and they would need a minimum of 4,000 square feet. If the Public Safety building is built, we could consider space at city hall. Nawrocki indicated that we need new equipment here and at the library, as the current equipment is antiquated. The consultant is estimating $150,000 to $175,000 for equipment, which would probably not be provided by Comcast. It maybe time to consolidate equipment. Peterson stated that it would be too late to revise the gym plans, but he is not against looking at other alternatives. DeVetter stated that bids will be sent out May 23, be returned June 16, the bid awarded on June 23, and digging will begin July 7. Peterson sated that the ground breaking ceremony is scheduled for June 26. RESOLUTION NO. 2008-113 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR COLUMBIA HEIGHTS HIGH SCHOOL WHEREAS, a proposal (Case #2008-0504} has been submitted by DeVetter Design Group to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 1400 - 49`" Avenue. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.109 (E)(3)(c), to allow the construction of an addition to the Columbia Heights High School located at 1400 - 49`" Avenue. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on May 6, 2008; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk. to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use wilt 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. 6. The use and property upon which the use is located. are adequately served by essential public facilities and services. City Council Minutes Monday, May 12, 2008 Page 5 of l.6 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FT TRTT~FR RF TT RFC(1T VFTI that tha attarharT rnn`litinne mane an(1 nthar infnnnatinn shall hprnrna mart of ....a.~~.,~ ,, .,, .. ..,_,.,.~~.. ~. ...., ...., ..,.u.. .................... ...t,~, .....,.........a.,..,_w.............. ~__.._~-- r--- -- this permit and approval; and in granting this permit the city and. the applicant agree that this permit shall become null and void if the project has not been completed within one L) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. To the extent possible, all new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. 2. The terms and conditions regarding the public use of the proposed addition shall be documented and recorded in a Joint Powers Agreement by and between the City of Columbia Heights and the Independent School District #13. 2. Ado>,t Ordinance No. 1546, establishing an Emerl?encv Moratorium on the issuance of Residential Rental Occupancy Licenses, per City Ordinance Section SA.401, on properties not licensed since January 1, 2006. Scott Clark stated staff's concern to preserve the integrity of our single family neighborhoods. There has been a 25 percent increase in rentals over the last three years. There are single family homes and foreclosed homes being converted to rental. Staff is proposing an emergency moratorium on rental licenses, to be effective immediately. State law requires a moratoriums time be limited, thus the proposed six month time frame. The type of analysis to be reported was described. Anoka County projects an increase in rentals to 39 percent. Nawrocki asked how this would impact the Huset Park development, with the agreement that there would be no more than five percent rental there. Clark stated that the moratorium would prohibit that. Williams stated his support of the moratorium and also encouraged investors to fix up these homes and sell them to single family homeowners. That is our priority. Nawrocki stated that investors are purchasing homes for rental property. Motion by Nawrocki, second by Williams, to waive the reading of Ordinance No. 1546, there being an ample amount of copies available to the public. Upon vote: A11 ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Emergency Ordinance No. 1546, an Ordinance establishing an Emergency Moratorium on the issuance of Residential Rental Occupancy licenses, per City Ordinance Section SA.401, on properties not licensed since January 1, 2006. Upon vote: All ayes. Motion carried. ORDINANCE NO. 1546 AN ORDINANCE ESTABLISHING AN EMERGENCY MORATORIUM ON THE ISSUANCE OF RESIDENTIAL RENTAL OCCUPANCY LICENSES, PER CITY ORDINANCE SECTION SA.401, ON PROPERTIES NOT LICENSED SINCE JANUARY 1, 2006 Whereas, Mn. State Statute 462.355, Adopt, Amend ConTprehensive Plan; LTterim Ordinance, Subd. 4 authorizes a City to establish interim ordinances to regulate, restrict or prohibit any use or development in all or part ofthe City while the City or its planning department is conducting studies, or has authorized a study to be done, and Whereas, the City of Columbia Heights is desirous of using this legislation to temporarily suspend the issuance of new occupancy licenses, per City Ordinance SA.401, on properties not previously licensed since January 1, 2006 City, and City Council Minutes Monday, May 12, 2008 Page6of16 Whereas, the City of Columbia Heights has seen a marked increase of 156 additional properties licensed for rental within the past three years; specifically-618 licenses in 2005, 722 licenses in 2006 and 774 licenses in 2007, and Whereas, neighborhoods are experiencing additional marketing difficulties as shown by the City's significant foreclosure properties (estimated to be 277 properties at the time of passage of this Ordinance with an estimated .r. rntal of 2(1!1 nrnr~artioc fnr vaarc ~nm and ~nnQl ac illnetratall nn a man (latarl Mav 5 7MR and ht~lrl at the Community Development Department as reference, and Whereas, the City of Columbia Heights has concerns with increasing rental property demands and the ability of these rentals to potentially have long range effects on selected neighborhoods if not properly controlled. The sharp increase of rental properties anay create greater crime and property code compliance issues, decreasing property market values and destabilizing general community health, and Whereas, the City can reasonably expect that the demand for mare rental housing licenses will increase due to the number of city-wide foreclosures, which is estimated to be at a minimum 375 units for the years of 2007 and 2008 collectively, and Whereas, the City needs time to properly plan, analyze and potentially implement new ordinances, programs or strategic policies, and Whereas, the analysis to be undertaken will include: 1) Development of a community health inventory (which will consist of compiling data of crime, rental rates, reinvestment through building permits, sales, housing values, code enforcement issues, etc.) in order to determine specific neighborhood issues 2) Determination of the impact of the City's recently adopted and modified International Properly Maintenance Code 3) Determination of the need for a Residential Inspection before Sale Program 4) Determination of the effects of the foreclosure market on the City's rental and single family housing environment 5) Completion of the City's statutorily required Comprehensive Plan, 6) Development of a Master Work Plan to deal with identified issues, and Whereas, the City Council for the City of Columbia Heights has determined that a suspension of new occupancy licenses is critical to preserve and maintain the health of its neighborhoods, Now Therefore Be It Resolved, that the City Council of the City of Columbia Heights ordains: 1) For a period of six months from the date of approval of this Ordinance, no occupancy license, as required by City under city Code SA.401 will be issued for a property that has not previously been licensed by the City since January 1, 2006. 2) This Ordinance shall be effective upon passage. B. Bid Considerations - none C. Other Business Adopt Resolution 2008-1.14 Development A~r`eement and Disbursement Agreement for Sullivan Shores Housin~Improvement Area Project. Clark stated that this resolution would cover both the Sullivan Shores Housing development agreement and disbursement agreement. We have reached the 45 day limit for members to veto the action. Bonds will be sold June 23. A letter explaining member rights regarding the special assessment payoff were sent last Friday. Clark described the agreements and the safeguards included to protect the city. Metro Remodeling will work with a third party, as recommended by our EDA attorney, Steve Bubul. Williams requested to know what percentage of development owners are in favor of this project. Clark stated that you can act with 25 percent approval. 91 percent of the residents supported this request. Williams asked if some of the town homes are less in need of repair than others. Clark indicated that is true, but their Board was responsible for the split of project costs. Williams referred to the authority of such an Association. Clark indicated the moisture intrusion study and the disclosure required were someone to sell their home in its present condition. Williams indicated his compassion for those with less damage, but there is not an alternative other than complete depreciation. City Council Minutes Monday, May 12, 2008 Page 7 of 16 Nawrocki questioned if additional funds could be paid on the assessment after the 30 day period. Clark stated no; the residents were made aware of this. Mntinn by Williams. cecnnrl by Kel~enhera to waive the readinu of Recnlntinn 2n(1R-1 14. there being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2008-114, being a Resolution approving the Development Agreement and Disbursement Agreement between the City of Columbia Heights, Minnesota and Sullivan Shores Townhouse Association, Inc., dated May 12, 2008; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: All ayes. Motion carried. Peterson thanked the Sullivan Shores residents for taking care of their homes. RESOLUTION NO. 2008-114 RESOLUTION APPROVING DEVELOPMENT AGREEMENT BETWEEN CITY AND SULLNAN SHORES TOWNHOUSES ASSOCIATION, INC. AND DISBURSING AGREEMENT BETWEEN CITY, COMMERCIAL PARTNERS TITLE, LLC AND SULLIVAN SHORES TOWNHOUSES ASSOCIATION, INC. BE TT RESOLVED by the City Council ("Council") of the City of Columbia Heights ("City") as follows: Section 1. Recitals. 1.O1. The City is authorized under Minnesota Statutes, Sections 428A.11 to 428A.21 (the "Act") to establish by ordinance a housing improvement area within which housing improvements are made or constructed and the costs of the improvements are paid in whole or in part from fees imposed within the area. 1.02. By Ordinance No. 1539 adopted March 24, 2008 (the "Enabling Ordinance"), the Council established the Sullivan Shores Housing Improvement Area (the "HIA") in order to facilitate certain improvements to property known as the Sullivan Shores Townhouses, referred to as the "Property." 1..03. By Resolution No. 2008-62 adopted March 24, 2008 (the "Fee Resolution") the City Council imposed a housing improvement fee on Housing Units (as hereinafter defined) in the HIA in order to finance certain housing improvements in that area. 1.04. The Act authorizes the City to issue bonds in the amount necessary to defray the expense to be incurred in making the housing improvements, which bonds are payable primarily from proceeds of the fee imposed under the Fee Resolution and may be further secured by the pledge of the City's full faith, credit and taxing power. 1.05. The Council has reviewed that certain Development Agreement (the "Development Agreement") between the City and Sullivan Shores Townhouses Association, Inc. (the "Association"), setting out the respective obligations of the City and the Association regarding the housing improvements and the Property. 1.06. The Council also reviewed that certain Disbursing Agreement (the "Disbursing Agreement") among the City, Commercial Partners Title, LLC ("Title Company") and the Association, describing the procedures for disbursement of proceeds of bonds issued to finance the housing improvements. Section 2. Agreements Approved. 2.01. The Mayor and City Manager are hereby authorized and directed to execute the Development Agreement and Disbursing Agreement in substantially the forms presented to the Council on this date, subject to modifications that do not materially alter the City's rights and obligations under such agreements and that are approved by the Mayor and the City Manager, which approval shall be conclusively evidenced by execution of the Agreement. 2.02. The Mayor and City Manager are hereby authorized and directed to take any and all other steps necessary or convenient in order to carry out the City's obligations under the Development Agreement and Disbursing Agreement. PUBLIC HEARINGS A. Adopt Ordinance 1544, amending Chapter 4, Article 2 of the City. Code re~ardin~ tall grass and weeds. Fire Chief Gary Gorman stated this is the second reading of the ordinance to amend the grass and weed code. Currently, those in violation are notified twice. This would limit the notification to once, with repeat violations sent directly to the contractor for abatement. The trend is that properties in violation are foreclosures or vacant property. There were no violations last year because someone was not able to mow their grass. City Council Minutes Monday, May 12, 2008 Page8of16 Nawrocki stated concern in not giving people notice of the second violation. Gorman stated that violators are allowed four days to cut the grass and it takes a total of seven days before the contractor would complete the cut. Fehst stated that the notice includes this information. Jim Hoeft, City Attorney, stated that the notice would indicate .that there would not be any additional nnti~p racPive~I Peterson stated that people know when their grass is nine inches high and needs to be cut. Deb Johnson, 4626 Pierce, stated that the staff time and postage spent on these properties, when people know that their grass is long, is not right. Diehm stated that we need to take particular notice this year, with the growing amount of foreclosures, to protect the neighbors from vacant properties and to make sure they are kept up. Diehm indicated clarification of the minutes of the last meeting to indicate that if the owner was not able to mow their lawn because they are elderly or have special needs, that we work with them to find some other solution. She indicated her comfort with. this change. Gorman stated that a notice will be placed on the door indicating there would be no further notification. Nawrocki indicated concern that someone on vacation would not be able to comply. Gorman stated that inspections began this morning with 18 properties to be notified. It will take two weeks to cover the city. From the process last year, we realize the problem properties will be the same no matter how much time they receive. The elderly get their properties mowed, one way or another. Nawrocki questioned if both front and back yards are checked. Gorman stated yes, alleys are also checked. Motion by Williams, second by Diehm, to waive the reading of Ordinance 1546, there being ample copies available to the public. Upon. vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Ordinance 1546, being an Ordinance amending Chapter 4, Article 2 of the City Code regarding tall grass and weeds. Upon vote: All ayes. Motion carried. ORDINANCE 1544 BEING AN ORDINANCE AMENDING CITY CODE 2005 TALL WEEDS AND GRASS The City of Columbia Heights does ordain: Chapter 4, Article 2, Section 4.203 of the Columbia Heights Code is hereby amended to read: 4.203 WEED REMOVAL. (A) The weed inspector or delegated assistant may inspect all premises and places within the city for the presence of weeds, as defined below: WEEDS. As used in this code shall include: (a) Noxious weeds enumerated by Minn. Rules, part 1505.0730, as it may be amended from time to time. (b) Any other uncultivated or uncontrolled weed growth, which have gone or are about to go to seed, such as secondary weeds enumerated by Minn. Rules, part 1505.0740, as it may be amended from time to time. (c) Any tall weeds or grass growing upon any lot or parcel of land in the city to a height greater than nine inches. The weed inspector may grant exceptions for wildlife areas, areas bordering ponds, wildflower areas, ornamental grasses and other such areas that are a part of an orderly landscape design. (d) Such other vegetation as the Council shall, from time to time, designate by resolution. (B) The weed inspector or delegated assistant shall notify the affected property owner that weeds which are on his property, must be eradicated, or controlled, in the manner prescribed by the inspector. Such notice may be served personally or may be served by mail. City Council Minutes Monday, May 12, 2008 Page 9 of 16 (1 } The notification shall require abatement of the weeds, or other prescribed action, within four days from the date of mailing of notice. (2) The notification shall state that the city will take appropriate remedial action to eradicate or control the weeds upon expiration of said four days, with a charge to the property owner/property for costs. (C} For properties for which there have been one or mare notices issued within the prior 12-month period, .,,..l;a,,..o ..,;th .1;.,;~;n„ (Rl shall ,ant ha rannirarl Fnr thnca nrnr~artiac the first nntinP iccnerl within a 1 2-month period shall contain a general notice that the city may abate future violations without providing additional specific notice of the violation. (D) The weed inspector, delegated assistant, or other delegated agent of the city, shall cause the removal or other prescribed action of any weeds located on public property; or on private property, upon expiration of the prescribed notice to the owner. (E) For the purpose of this section, the following definition shall apply. OWNER. The person who is listed as the contact person on any current rental licensing application on file with the city, if any, or if none, the person listed. as owner by the County Assessor on the homestead record, or if none, the taxpayer as shown by the records of the County Assessor. This ordinance shall be in full force and effect from and after 30 days after its passage. B. Adopt Resolutions 2008-100, 4542 4th St. N.E., .2008-101 1401-1403 Parkview Lane N.E. 2008-102 5036 Jackson St N E 2008-103 4131 Jefferson St. N.E. 2008-104, 3975 Jackson St. N.E. 2008-105 1218-20 Circle Terrace Blvd. N.E. 2008-106 1307-09 Circle Terrace Bivd. N.E.. 2008-107, 4506 Fillmore Street N.E. being Resolutions approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Gorman stated that Resolution 2008-103, violation for 4131 Jefferson Street, to install a smoke detector, has not been completed. Gorman stated that Resolution 2008-104, violation for 3975 Jackson was to remove outside storage and submit the rental license and fees, which has not been completed. Peterson pointed out that seven of the nine revocations were completed when license revocation was imminent. Motion by Diehm, second by Williams, to close the public hearing and to waive the reading of Resolution Number 2008-1.03, 104, there being ample copies available to the public. Upon. vote: Ali ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution Numbers 2008-1.03, 104, being Resolutions 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 licenses listed. Upon vote: All ayes. Motion carried. Resolutions may be. found at the end of this document. C. Adopt Resolution 2008-108, 5056 Washin~ton_St. N.E 2008-109 1417 43rd Ave. N.E. 2008- 110 4132 Washington St N E 2008-111 4931 Jefferson St. N.E. 2008-112 3810-3812 3rd St. N E being; resolutions declarin lig sted properties a nuisance and approving the abatement of violations within the City of Columbia Heights. Gorman listed the following requirements not met: Resolution 2008-109 for 1417 43`d Avenue - three items to repair. Resolution 2008-110 for 4132 Washington Street -five items relative to outside storage. Resolution 2008-111 for 4931 Jefferson -one item relative to outside storage. Resolution 2008-112 for 3810-12 3`d Street - a vacant duplex was unsecured. It was boarded up City Council Minutes Monday, May 12, 2008 Page 10 of 16 as an immediate abatement. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution Numbers 2008-108, 109, 110, 111, 112 there being ample copies available to the nnhlir T innn vntP~ All avPC Mntinn rarrierl_ Motion by Williams, second by Kelzenberg, to adapt Resolution Numbers 2008-108, 109, 110, 111, 112 being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon. vote: All ayes. Motion carried. Resolutions may be found at the end of this document. ADMINISTRATIVE REPORTS Report of the City Manager • Gymnasium project status and prospective images -addressed earlier in the meeting. Nawrocki requested information be given from the May St" work session items relative to water quality, sale inspections, change in signage, and dissolution of the Civil Service Commission. Fehst - • Indicated that Minneapolis Water Works staff spoke regarding occasionally rusty water. Fehst described the problems and the temporary solution to flush the lines and the long term solution to reline the pipes. The City of Minneapolis also has this problem. Our production process allows crystal clear water. • We have a civil service commission. At one time it was necessary to use this process to review applicants and protect employees. Since then, there have been significant changes to public safety laws, binding arbitration, and union involvement. Our current process takes so long that we lose the best candidates. We are currently three officers short. This will go to the Charter Commission. for review. • We are looking at a point of sale review and housing inspection program. A contract inspector or our employee would look at health and safety issues. Some foreclosure homes have appliances and essentials removed. We would make sure they meet minimum safety and aesthetic standards. • The Planning and Zoning Commission will look at the signage ordinance for Central Avenue to consider new technology. A committee may be considered to research possible considerations. Report of the City Attorney -nothing to report CITIZENS FORUM Deb Johnson, 4626 Pierce Street, questioned the stakes placed at 47`" and Central. Fehst stated that the site plan is being reviewed fora 50,000 square foot retail area, along with grant funds for a parking deck. Sargent indicated that a conditional use permit would be required for the parking ramp. Nawrocki questioned 37t" and Central and 39`" and Central. Fehst stated that Frattalone Hardware has oivPi2 uS a proposal, b>>t an a~arePment has not been reached. ~"jt" and Central is being rnncidered for a t,..... 10,000 square foot commercial development. The plan has been changed and would no longer allow access from the alley. City Council Minutes Monday, May 12, 2008 Page 11 of 16 Natalie McKenney, 4800 6t'' Street, requested a code change for signage allowed on residential foreclosure properties. There is a 5 foot by 10 foot sign at 4751 6`" Street and unsightly signs at 4240 and 4244 Washington. The current code allows a 32 square foot sign. Diehm requested staff and the n;+~. ~++n,-„P~~ lr~n~r intn t>,;~ ca,-~Pnr ,-Pail rhP ~,,,-,-enr c;tv cnde which allows: "total area of such banner v.~y u«v.~~.,y ~vu.~ ..~~~ ~....,. ti...D.,.-- ----- ---- -------- ---~ - - - or pennant shall not exceed the ratio of 1 square foot of sign area for each 1,000 square feet of building area plus 1 square foot of sign area for each 1,000 square feet of lot area. No such. banner or pennant need be less than 32 square feet". Hoeft indicated that this item is worded poorly in the city code. Council direction was requested. Nawrocki requested smaller and more realistic requirements. Diehm indicated that code should differentiate between residential and business signs. Peterson stated that nothing should be allowed larger than standard real estate signs. Hoeft suggested a survey of the regulations in other communities. Diehm requested moving quickly, as an ordinance would require two readings and the 30 day waiting period. Diehm pointed out that as a Charter City, this process takes longer than if we were a Statutory City. Sargent stated he would also research requirements for placards on buildings. McKenney requested that the quantity of signs allowed also be considered. Joe Allen, 1.440 Molan Terrace, expressed concerns on the proposed gymnasium of increased traffic, parking lot traffic and noise, and lighting encroachment and screening of residential properties. He stated that the facility will be a great asset to the community. Diehm asked that Mr. Allen also pass his concerns on to the School Board. Peterson indicated that this would be discussed at the next building committee meeting. Katie Korday, 3842 Tyler Street, indicated her concerns about her neighbor and stated that she has frequently called the police. They have responded and suggested possible courses of action. Diehm commented that she had not heard of this particular situation, but has heard of people that feel unsafe because of a neighbor. She suggested an informationlsuggestion pamphlet or booklet be created. Nawrocki stated that he has had conversations with Korday, Johnson, and Roddy regarding mediation. He suggested she follow up with a court order. Hoeft applauded our police department, because everything that Ms. Korday has told us is exactly what he would want them to do. They have steered her toward possible resources. Dwayne Morrell, 4212 Reservoir Boulevard, questioned if the company awarded the demolition bid at the last Council meeting is related to Frattalone's Hardware. Peterson stated they are not. COUNCIL CORNER Diehm • Columbia Heights is currently taking applications for paid on-call firefighters. Information packets are available at the fire department. This is a great opportunity for someone that lives in the community. Fehst stated you do not have to live in the community, but must be able to respond in our community. It is helpful if they work in our community. • Happy Memorial Day - have a safe holiday weekend and remember all of our service men and women. City Council Minutes Monday, May 12, 2008 Page 12 of 16 Nawrocki Attended the North Star advisory committee meeting. The project is moving ahead and they expect to be operating next year. Has emphasized that there was to be a station in Fridley. Columbia Heights will pay full taxes for this and they only benefit we could get is if there n a~nt~nn in Rr~~~n[r vv'a.°i u o~ucivu ui a a auavy . Attended the Anoka County Elected officials meeting -presentation was "Take Heart Anoka County" suggesting CRP tests. Referred to the Twin Cities Regional Economical Development website. A Professor from the University of Minnesota spoke on foreclosures and what cities can expect. Laurie Sturdevant, newspaper columnist, wrote an article on a survey by the Citizens League, which suggested that the general public did not have much faith in elected officials when they made their decisions. Kelzenberg • Read one police item from the green sheet of our newest officer, Officer Dietz. • Went to see the play "Oklahoma" at the school and it was really good. Williams • We want to attract investors that will fix it up and sell homes to responsible single families, not create rental properties. • Water supply -our water lines are about one-half plugged. If you get rusty water, complain to our Public Works Department. We are relining about one-half mile of pipe this year. Lining is about one-half the cost of replacement. We will probably have to cover costs and raise our water rates. • The Values First values for May are responsibility and accountability. We are accountable to help one another. We work to do our best to help our citizens be responsible. Peterson • We want good quality citizens, and that is the reason for the moratorium. It is a good time to buy and fix up a home, and sell it to responsible citizens. We want to be tough on crime and get rid of drug problems and run down homes. We are in the process of redeveloping our community. If you are not for that, contact me and tell me why. Again, realized after attending the Mayor's conference that our staff is far ahead of the curve, for instance in the joint powers agreement with the schools, pit falls they referred to were all addressed by our staff. Our staff is really top of the line. Our City Manager had a talent for selecting quality people, making it easy for Council to make decisions. Williams again indicated that the Mayor did a great job selecting a great police chief. • Memorial Day -Our service men and women are doing an excellent job, wherever they are serving. Hope and pray the war is over soon. • Don't take yourself too seriously and do a random act of kindness. • The Community Prayer Breakfast will be held Wednesday, May 14, at 7:00 a.m. at Murzyn Hall, featuring Minnesota Teen Challenge with a 40 member choir. Everyone is invited to attend. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:33 p.m. City Council Minutes Monday, May 12, 2008 Page 13 of 16 J ` 'Patricia Muscovitz CMC ("itv C erk/C'rnm~il 4ecretarv RESOLUTION 2008-103 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 Peter Sax (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4131 Jefferson 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 15, 2008 of an public hearing to be held on May 12, 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 4, 2008 inspectors for the City of Columbia Heights, inspected the property described above and noted two violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on April 15, 2008, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted one violation remained uncorrected from the initial license inspection. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on May 2, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that one violation remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Shall install a smoke detector in the 1st floor hallway. S. 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 F8438 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 2008-104 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article TV, Section SA.408(A) of that certain residential rental license held by Nettie Murray (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3975 Jefferson 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 15, 2008 of an public hearing to be held on May 12, 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 follo~*,ing: FINDINGS OF FACT 1. That on March 4, 2008 inspectors for the City of Columbia Heights, inspected the property described above and noted City Council Minutes Monday, May 12, 2008 Page 14 of 16 two violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on April 15, 2008, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted one violation remained uncorrected from the initial license inspection. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. ~ That nn Mav ~ ~nnQ incnertnrc fnr the City of C'nh~mhia Heiuhtc nerfnrmerl a reinsnection and noted that one violation remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Shall install a smoke detector in the 1st floor hallway. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A}. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8438 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 2008-109 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 Terry Miller (Hereinafter "Owner of Record"}. Whereas, the owner of record is the legal owner of the real property located at 1417 43"~ Avenue N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on April 17, 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 12, 2008 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 April 17, 2008 inspectors re-inspected the property listed above. Inspectors noted that three violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on May 2, 2008 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 repair the loose siding on the east side, 2nd floor, shall repair the damaged steps on the stairs going to the front door, shall repair the retaining wall that is falling apart. 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 1417 43"~ Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 1417 43`~ 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. RESOLUTION 2008-110 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 Victor Olzeske (Hereinafter "Owner of Record"}. City Council Minutes Monday, May 12, 2008 Page 15 of 16 Whereas, the owner of record is the legal owner of the real property located at 4132 Washington Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter $, 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 28, 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 19, 2008 an inspection was conducted on the property listed above. Inspectors found five violations. A compliance order was sent via regular mail to the owner at the address. 2. That on April 28, 2008 inspectors re-inspected the property listed above. Inspectors noted that five violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on May 9, 2008 inspectors reinspected the property and found that five 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 paint or seal or stain the rear overhang on the garage that is bare wood, shall replace the missing siding on the garage that is missing/damaged, shall replace the missing siding on the house, shall remove all/any vehicles from landscaped areas of the property, shall remove all/any outside storage from the property. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4132 Washington 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 4132 Washington 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. RESOLUTION 2008-111 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 Fraenkel Rossi (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4331 Jefferson Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on April 24, 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 18, 2008 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 April 24, 2008 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on May 6, 2008 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}. C ONCLiJSIONS OF C^v'Ji'dCIL 1. That the property located at 4931 Jefferson Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. City Council Minutes Monday, May 12, 200$ Page 16 of 16 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 t The nrnnerty incited at 4931 Jefferson Street N.E. constitutes a nuisance pursuant to Cit_v Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2008-112 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 Bob Landucci (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3810-3812 3"~ Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on April 18, 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 April 18, 2008 the Fire Department was notified that a vacant unit at 3810-1.2 3`~ Street N.E. may have been abandoned and unsecured. During a inspection resulting from a complaint a adjacent property owner made inspectors found the 3812 3"~ Street unit open and apparrently abandoned. The Police Depamnent responed and verified that the unit was not occupied and DuAll services was contacted to secure the unit. 2. That on April 21, 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. 3. 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 3810-3812 3"~ Street N.E. 4. 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 3810-3812 3"' 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 3$10-3812 3`d 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.