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HomeMy WebLinkAboutJuly 28, 2008OFFICIAL PROCEEDINGS f'7TV (1Ti f'!li .TTMRT A 7i. .Ti Tf!~iTC viaav CITY COUNCIL MEETING JULY 28, 2008 The following are the minutes for the regular meeting of the City Council held at 7:12 p.m. on Monday, July 28, 2008, in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, hJiinnesvta. ~c5viiiiiviiS iiiCi~ ~c fvuiiu Cti iii eilu v~ ii1E GivCiiiiiei2i. CALL TO ORDER/ROLL CALL/INVOCATION Lorraine Melt, Pastoral Minister, Immaculate Conception Church, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Kelzenberg Absent: Councilmember Diehm PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA -none PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Recognition of Fire Explorer Awards Earned in Competition Fire Chief Gary Gorman indicated this is the 30t" Anniversary of the Columbia Heights Explorers, started by Harold Ostmoe. We have the longest running Fire Explorer program in the State. Participants are 14 to 18 years of age. Many Explorers have gone on to join our fire department, nursing, EMTs, police officers, and even Fire Chiefs. The Fire Explorers have attended competitions held all over the country. The Minnesota State competition was held for the first time this year, aided by our Firefighter Dan O'Brien. Gorman read a card from the Northern Star Council congratulating our staff and participants. O'Brien stated that Fire Chief Gorman and the Fridley Fire Chief were part of the initial program. The local competition was created for the off year of the national conference. The three-day competition was held in Duluth, with 110 people in attendance, seven team events, individual events, and classroom instruction. Our explorers received a first, second, anal third place trophy. Dan Ky1ie received a first place perfect CPR score. Peterson stated our pride in our fire fighters and explorers. Nawrocki stated that our fire department is an example of things that are good in our community. He gave the history of the Fire Department, beginning with volunteers, adding full time members, adding first aid responsibilities, and then housing and rental housing inspections throughout our city. He commended them on their work. B. 6`" Annual SACA Charity Softball Game Paul Eich, 7571 Brigadoon, Fridley, indicated the 6`" Annual Slow Pitch Softball SACA charity event will be held on Wednesday, August 6, 2008 at 6:00 p.m. at Huset Park. Competitors will be the Columbia Heights Post Office, the Columbia Heights Police and Fire Departments, and the TriCity Legion/Dave's Sportshop Women's Fastpitch Softball Team. Peterson stated that National Night Out is next Tuesday. He encouraged every one to attend or host a neighborhood event. The Police Department members will travel around. the town and visit the parties. City Council Minutes Monday, July 28, 2008 gage 2 of l 5 ®!Ve/' e1iyTIC9 MTiTT • `I^\_HT iyT'erle ~•y SJ 6S~\~w"1~~ ~Sl w'~~QdJG2 Linda Magee, Assistant to the City Manager/Human Resources Director, took the Council members through the Consent Agenda items. A. Approve Minutes of the July 14, 2008, Columbia Hei htg s City Council Meeting Nawrocki referred to the approval to sell the $10,000,000 bond and that the costs were not iileiitloiled of $600,000 pins ayear= for 2 7 years to pay the principal and interest. They are talking of another $1.5 million bond, which would add another $70,000 or $80,000 a year. Motion to approve the minutes of the July 14, 2008 City Council meeting. B. Accept Minutes of the Columbia Heights Boards and Commissions Motion to accept the minutes of the Park and Recreation Commission meeting of 3une 25, 2008. C. Accept Work and Authorize Final Payment for Sanitary and Storm Sewer Lining Project 0604 and 0704 Motion to accept the work for Sanitary Sewer Lining, City Project No. 0604 and 0704, and to authorize final payment of $92,023.75 to Visu-Sewer Clean and Seal, Inc. of Pewaukee, Wisconsin. D. Authorize Change Order No. 1 and Final Payment for the Miscellaneous Concrete Project #0700 Motion to authorize Contract Change Order No. 1 for additional work added to the contract by the City to Ron Kassa Construction, Inc. in the amount of $33,900.00 with funding out of the appropriate funds. Motion to accept the work for 2007 Miscellaneous Concrete Repairs and Installations, City Project #0700 and authorize final payment of $10,542.82 to Ron Kassa Construction, Inc. of Elko, Minnesota. E. Designate "No Parkin" on 50th Avenue West of Central Avenue Nawrocki questioned if the houses on the corners would be affected. Kevin Hansen, Public Works Director, stated this still allows for guest parking. Motion to designate "No Parking" on 50th Avenue from Central Avenue to 225` West of Central Avenue: F. Approve the Transfer of Funds from General Fund to Police Department 2008 Budget Overtime Line #1020 Motion to transfer $6,959.99 ($4,855.23 from the Anoka County DWI Task Force and $2,104.76 from the State of Minnesota for Safe and Sober) to the Police Department 2008 Budget line #1020 Overtime. G. Adopt Resolution No. 2008-161, Establishing Compensation Rates for Paid-on-Call Firef h~ tars Magee stated their last adjustment was in 2003 and this is consistent with other employees for +hP came period of time. 6t1V J Motion to waive the reading of Resolution No. 2008-161 there being ample copies available to the public. Motion to adopt Resolution No. 2008-161, being a Resolution establishing various compensation rates for the Columbia Heights Fire Department Paid-on-Call division effective pity Council Minutes Monday, July 2&, 200 Page 3 of l5 J~ru~r`y 1, 2i!v8. H, Adopt Resolution 2008-162 Authorizing the Execution of Agreement and Participation in the Safe and Sober Communities Grant Program Motion to waive the reading of Resolution 2008-162, there being ample copies available for the public. Motion to adopt Resolution 2008-162, authorizing the execution of agreement and participation in the Safe and Sober Communities grant program. I. Adopt Resolution 2008-166, Being a Resolution Amending Certified Levy for Proiect 0502 Motion to waive the reading of Resolution No. 2008-166, there being ample copies available to the public. Motion to adopt Resolution 2008-166, being a Resolution amending the certified levy for 2006- 21-44-001 and 2006-Z 1-44-002, removing the United States Postal Service property at 940 44th Avenue NE, PiN 36-30-24-22-0107 from assessment roll. J. Approve Attached List of Rental Housing License Applications Motion to approve the items listed for rental housing license applications for July 28, 2008. K. Approve Business License Applications Motion to approve the items as listed on the business license agenda for July 28, 2008, as presented. L. Approve Payment of Bills Motion to approve the payment of bills, check # 126618 through check # 126805. Motion by Nawrocki, second by Williams, to approve the Consent Agenda items. Tim Utz, 556 40t" Avenue, questioned the Kassa project and why we use a company from out of town. Hansen stated this is contract service for curbing, alley work, and for resident use. As required, this is a publicly bid project and the Council accepts the lowest qualified bid. We do not provide exclusive bidding for this type of ~~ork. upon vote: All Ayes. Motion carried. PUBLIC HEARINGS A. Second Reading of Ordinance No. 1548,.. Pertaining to the Residential Inspection Before Sales Pro rg am (RIBS) Peterson asked that the audience pay attention to our Community Development Director, as there has been a lot of miscommunication on this topic. Scott Clark, Community Development Director, gave the RIBS history to this point. He stated that Sheila McCarthy, Assistant Community Development Director, will speak on the process and program cost. Also present are Cathy Bennett, Consultant and Larry Pepin, Building Official In 2005 the City Council set goals including improving the City's housing stock. He described. programs in place for property inspections and housing programs available. The City has discussed a Residential Inspection Before Sale Program (RIBS) for the last several years. There was a first reading of the ordinance held and this is the second reading, which would be followed by a 30 day period before implementation. He indicated the information was placed on cable, the library, newspapers, and meetings with the real estate community, the meeting with the City Council Minutes Monday, .1uly 28, 2008 Page 4 of 15 Norih i~ietro _Kealtor's Board, and other meetings held. Clark referred to concerns he has heard. About 14 metro communities currently have this program; some for as long a 30 years. Misinformation includes this would require updating your home. This purpose of the ordinance is for structural integrity, health and safety issues, and major non-maintenance items. For example, if a roof had three layers the owner would not be required to replace it, but if the roof was leaking and bowed it would be a concern. Another purpose is for our neighborhoods to remain intact. Over the next two years we will have many more foreclosures and this is a way to deal with them. About 60 percent of our city is at least 60 years old. Clark referred to the cost benefit of this program. A substantial amount of properties `vould not be affected. Staff would monitor the program and make changes if necessary. Misinformation included that if you have an inspection of your property, that you have 90 days to make the improvements and that it is up to the owner to make the improvements prior to the sale of the property. McCartney stated this would be for single-family homes and duplexes. She showed the suggested schedule, with an inspection within 24 hours of the request. If there were no issues, a certificate would be given. If there were required repairs, the seller could chose to meet the requirements and schedule a re-inspection at no charge and would be issued a certificate of property maintenance, or the buyer would be required to complete the required repairs within 90 days with escrowed funds. Staff would work with the homeowner on the time line for large items. Clark stated that the real estate community was concerned that in some cities an inspection can be scheduled out up to three weeks. We would work to have a turn around time of inspection and a finished report within afive-day period. Clark referred to portions of the ordinance that have changed, including requiring repairs in 90 days to include "unless they are seasonal items". Also changed are hazardous repairs could be escrowed if there was no one Living in the house during that time. Another change is if you can not sell your property within 12 months. The recommendation is that after one year, or six months if vacant, there be a fee of $10 to Look at the property again. A re-inspection could be required if the property was taken over by a family member. Another question is "grandfathering of the property", where any property on the market now would not need this inspection if sold prior to January 2010. Another item on the agenda is the resolution for program casts of $1 ~5, with $130 to the inspector and a $50 administrative fee. Inspections are handled differently in every city. Since we only have one building official, we are in a negotiation process for two or three contractors to handle this on a revolving basis. They would generate the report. Once the improvements are complete, our building official would inspect the reported items. Kathy Bennett stated she works with other communities on policies to improve their communities. There are many cities that have this type of program in place, which she listed. Others evaluating this program in Anoka County are the cities of Anoka and Coon Rapids. The MN Foreclosure Council has suggested this type of program to avoid community decline and enforce code. Columbia Heights had evaluated this prior to the foreclosure concerns: There are short and long term benefits. Short term includes items such as smoke detectors or carbon monoxide detectors, gas leaks, and structural issues. The long term benefit is to improve the housing stock and bring homes up to code, giving them a better value and making them more attractive to purchase. Nawrocki stated that the goal is to improve the housing stock, but questioned including only City Council Minutes Monday, July 28, ?008 Page 5 of 1 S t r °t t t t t rt ~ t °r t r r . 9 _. _ _t _]tt single !army nvrrzes anet vup!exes. c._.iarx staiec~ a signn~~~•ant nulz~~,er v~ svre4~vsev pi°upeiiies wn~ be under the grandfather clause and will not be under this ordinance. As far as apartments and condos, the recommendation was to start with residential homes. Nawrocki stated that this is not going after the places that are rentals and are part of the problem. Clark stated that those facilities are regulated by the rental housing maintenance code. Nawrocki requested the definition of health and safety issues. Clark read the definition of hazardous. Safety issues are conditions that are normally found in plumbing or electrical issues, and could cause z`Iooding or pres. There is a definition of "safe" in our code. Nawrocki indicated that staff was to have inspected various homes to get a feel of haw the program would work. Clark stated that one home inspection was completed and Council did not require more inspections. Nawrocki asked for fees charged in other cities. Clark indicated what our fees would be. Nawrocki questioned what kind of inspection would be completed for that fee, as a buyer's inspection is about $300. Bennett stated the difference in a public inspection and a private inspection is public inspections are items referred to in the property maintenance code for health and safety concerns. A buyer's inspection is much more detailed. There are instances where a private inspection does not happen and health and safety items are not caught. All inspectors that gave proposals do public and private inspections and fees are coming in higher than anticipated. Nawrocki questioned the administrative fee of $50. If the home passes the inspection, there should be no cost and if there were items that need repair, the owner would need to obtain building permits and pay that fee. Peterson asked if the homeowner or buyer could hire his or her own inspector. Clark stated that our inspectors would make value judgments, just as our fire inspectors do. The core of their program is our guidance. We hire inspectors to represent the community and to insure what is being inspected is the focus of this ordinance, handled on an equitable basis. Peterson indicated his concern today is that this ordinance goes too far and is too vague. What are the items to be inspected? We need to have them simplified to a one or two page list. We are jumping the gun on this reading tonight, as there are still items to address. We know what nice homes are, but we want good neighborhoods. Nawrocki stated that he received a copy of a disclosure statement real estate agents give to buyers. Gregory Sloat, 4731 6`" Street, stated that the homeo~mer is to fill out the disclosure to the best of their knowledge. If a realtor has knowledge of any issues, they have to make them known. Mayor Peterson opened the public hearing and asked for residents to speak in the order they signed in, Teri Barber, 3848 2na Street, stated her opposition to this program, leading to an increase of staff, building a bigger city hall, and forcing out businesses such as We Buy Ugly Houses. Higher market values cause higher taxes. Her home had a leak when they purchased it, which it still has. This would be a burden on inherited homes, forcing people not to sell because they could not afford to fix them up. With the unstable economy, homes have depreciated. Michael Henrv, 947 43`~ Avenue, spoke out of turn, indicating that the homeowners can use their own inspectors; the city does not have to be involved. Bob Odden, 1201 42'/~ Avenue, stated he is a mayoral candidate, and indicated the Council should follow the Constitution of the United States. He referred to amendments allowing citizens rights. You don't own something if you can't sell it when you want to. It could force a home into foreclosure, There is no sunset law. He stated that he moved here because of the neighbors, not City Council Minutes Monday, July 28, 2Q08 Page 6 of 15 VGtJ0.UJl~. V1 CllGll 11V111t,.J. 1111) tJ l't11LV11JULUC1V11Q1 CUlU V~1V 1RClJJ lllV ~Vllllt.ll J V0.C11 Vl Vlu1r4.. Dorothy LaHoud, 4209 6t" Street, stated that this is her third house. She can see trying to make it better, but not everyone has a big bankroll. When she bought the home there was water leaking in the basement. A neighbor had his basement sealed for $4,000. How would she pay for that? Peterson stated that would not be covered, nor do we have all the answers. She referred to her iivirig difficulties. Slie stated coiicein that Tier son wuuid Have to deai witbi tl'iis w'fien sl'ie is gone. She asked the Mayor if he is still a contractor, indicated that he would not have the right to vote on this. Lori Kortern, 5030 Jefferson Street, stated that she moved in 10 years ago and the home was not up to code. What if the code continues to change? She questioned how an older community, that can not afford it, can bring their homes up to code. That is why we buy here. Home sales are buyer beware. Lonn Young, 5045 Jefferson, stated this is an insult to residents and is just another way for city government to get in our pockets. We know we need smoke detectors and we already have every kind of inspection required. Rachaei Schwagel, 714 SOt" Avenue, stated that she bought her "fixer-upper" three years ago. If this ordinance had existed at that time, she would not have been able to afford her home and the ability to work on things as she could afford to. Replacement of trim and cornice is not reasonable or fair. Article 2, Section 4, stated RIBS does not include sheriff s properties and would be exempt. Jim Hoeft clarified what a sheriff s sale is. Foreclosed properties would be included. Schwagel asked that the ordinance not be passed, as it ishalf-baked, at best. Aurora Johnston, 3977 Polk Street, stated that she does not want local government in her house, nor involved in any person transaction. The constitution allows no one in her home nor an unreasonable search. As a goad citizen and neighbor that has lived here since 1986, she has obtained permits and had contractors do work, but has never had a city official there to inspect it. Donna Schmitt, 4260 Tyler Street, stated she was extremely pleased with this turnout. At a prior meeting she was told there was no one against this ordinance. She referred to cities that have similar ordinances, but there is nat a consistency between cities. Realtors requested more time to get the information out. The house referred io that was inspected passed with oniy $35v" in improvements required. The list for inspectors is basically visual, not even including turning on the furnace. Everyone has a right to hire an inspector, sellers and. buyers alike. Banks also require inspections. This ordinance is not necessary. She questioned if the Minneapolis housing stock has really improved since they implemented this type of program. Gregory Sioth, 4731 6`" Street NE, stated that this ordinance adds another layer of government into our pocket. An unelected official wrote this ordinance. Why was this not put to a general vote of the public? The North Metro Realtors Association web site gives reasons why we should not do this. This does not only need tweaking, it needs to be removed now. Do not let this be tabled and passed when no one is present. He stated that if this were passed the council would be voted out of office. It is bad law, and is unconstitutional. He questioned the actions of the Community Development Director. Peterson stated that Clark was acting under the direction of the City Council - at the time this seemed like a good idea. We are here to discuss it, not to have personal attacks on city City Council Minutes Monday, 3uly 28, 2008 Cage 7 of 1 S _ _ 9 _ _ _ _ _ _. !" ~ 9 _ ..9 9 _ _ _. i _ _ .9 9 9 r 9 9 9 ~Li1~Jllly~G~. ~ ,1cAtit Il~~ p~eii (lVlr~~gs! gl~~al ~~~~. rye ig an exE:eileni errlpi(yy er, Harold Hoium, 4200 3rd Street, referred to the separation of residents and employees. He asked that the ordinance be read by the city attorney and explained in detail. He stated that employees think residents are cash cows and that the 1620 type of government does not benefit the city. Hoium indicated amendments he felt would benefit the public. Mary Persing, 2201 40t" Avenue NE, stated that if she had to sell her home she would not expect to have to get permission from the City. We are not under communist rule. Polish citizens remember what happened in the 1930's and 1940's. When you see your government changing a little at a time you need to stand up for your rights. Laura Palmer, 1202 40'" Avenue, asked who is in charge of their own lives. She should be able to decide what to do with her own property as long as it does nat affect the neighbors. She should be able to sell her property under any conditions or terms she decides. Curt Adolfson, 4010 Monroe Street, stated that he moved here for the potential to buy a home, fix it up and benefit from the sale. This would make it unaffordable to sell. There was nothing like this in place when they bought the home. We love our community. This could affect our commitment to the community. This should not be voted on when there are not definitions for an open discussion. For this to impact homeowners and duplexes and not affect apartments and condos is unfair. This should require a public vote. Obviously, Council does the best job they can, but this would affect us greatly. Anne Scanlen, 715 50`'' Avenue NE, as for the need of smoke detectors or carbon monoxide detectors, she installed a lot of them when she moved in. She moved in during 2006, as she saw the home's potential and items were disclosed to the best of the seller's ability. She stated that she has a plan for the repairs of her house. She asked why she would want to Live in a city that would control her house, Barbara Taillefer, 4725 5`" Street, she was prepared to ask for the ordinance to be reviewed and she talked. to the City Manager who explained it further. She now asks that it be completely destroyed. She moved in as a young family and is now ready to move on and wants a new young family to own it. There are so many hurdles to over come, let it be our choice. Sue Rustad, 3911 Lookout Place, agreed with the previous speakers. She stated that she can not afford to live in Edina, and these are the people she wants to be around. This would hurt too many people. Wes Wiggins, 4144 Madison. Street NE, thanked the Council for the work they do, but asked that they consider this crowd a referendum on this item. If it is not broke, don't try to fix it. He stated his appreciation for trying to improve the housing stock, and felt the Council. was well intentioned. The free market works. He referred to a neighbor that passed away and a young couple bought the home and is now fixing it up. Joe Cughlon, 4657 7t" Street, handed out the definition of "Liberty". He stated that this ordinance is against his constitutional rights and the opposite of the definition of liberty, When he moved in 16 years ago the mortgage company inspected his home. This ordinance stinks of nepotism and communism. pity Council Minutes Monday, July 2$, 2608 Page 8 of 15 iY .Y il9 9 A / A!~ At" f1 Y Y alner?r?e I31E)()~!, 'Q'ty '-t street, spo!ce on oehaif of Steve Pepple. She aSiCed ho~hl the i lty would know if a property was for sale. With this ordinance people would just rent the houses, which people are doing without your knowledge. Banks will not loan you money unless the gas and furnace are inspected while running. With. a private inspection that is guaranteed. She asked who would be responsible that the house would be livable. She stated her appreciation for the work the Council does and her appreciation for being allowed to speak on this item. Tim Utz, 556 40`" Avenue, referred to the 82 items on the inspection list to be covered in one hour, allowing less than one minute per item. Article 9, Section 2, indicates there is no warranty. Under Constitutional rule of law the government works for us. Tonight the people are speaking and the answer is no. He suggested as an alternative the City spend money to encourage repair of homes. The concept that we need to improve our homes is known. This is Columbia Heights and this is how we want to do our business. Make this ordinance go away. Tam Marek, 4344 4t" Street, stated this is redundant, as there are already inspections that do a thorough job. It is a waste of money for the city to have additional inspections. There are private companies that do this. We do not need more laws and more inspections. He stated his understanding of the desire to improve neighborhoods. It is a good idea, but it is being handled in other ways. Nick Quade, 4448 Quincy Street, indicated this is an intervention by government into the rights to own and sell property. We must let the free market get us out of our troubles. He referred to inflation, the failing market, and the tight economy. Quade referred to the President's Housing Act that is over 400 pages in length. Get government off our backs. Dwayne Morrell, 4212 Reservoir Boulevard, felt the ordinance is unnecessary and obtrusive. The city is the anchor tenant for Columbia Heights. He stated that a bureaucrat created this to fulfill a need. Holly Chidlow, 4242 StI' Street, stated that she has lived here her whole Life, and has repaired doors, windows, etc., but does not want her children to have to pay these fees when she is gone. Dave Thompson, 4416 4t~' Street, referred to his request that Mr. Clark call him, which was not returned. His neighbors and friends along 4t", 5`" and 6`" Street asked that he come and request this ordinance be voted down. "hhompson stated that he realizes there are places that need improvement. He requested this be put to a referendum vote. Scott Rauch, 2211 40`" Avenue, referred to the health and safety cause for the ordinance, and indicated that when he bought his house in 1995 the concern was lead paint, which can be a safety issue, so any house can have a safety issue. The seller may not know everything about their home and appliances, so they had it inspected. Before this item goes further, an inspection. form should be available for residents to review. This should eliminate the need for a buyer to have an inspection. He referred to the statement that a foreclosed home on or before August 25 would have Lmti12010 to comely. Thev should be treated the same. This is one more laver of paper work that provides no value. Rae Hart Anderson, Fridley, stated that her interest was to see if this would be contagious to her community. We call people we hire to accountability. Mickey Rooney, local realtor, stated this ordinance should be postponed. He encouraged. City Council Minutes Monday, 3uly 28, 2068 Page 9 of 15 everyone to look at tl~e positives. National Night ~}ut is coming. Invite your neighbors. Talk about positive things and get to know your neighbors. Dorothy Penate, 4900 .Iackson Street, stated that this is a democracy. She stated that she is part of the construction crew, not the demolition crew. Penate indicated her respect for Mr. Clark and her appreciation of the Mayor, Council, and staff. She stated that she would not buy a house without having an inspection completed. She asked that residents be respectful, kind, and considerate. Lee Stauch, 1155 Khyber Lane, referred to the five year ongoing Kmart project. There are empty units and it looks like a mess. He protested his taxes, but has not heard back from the county. This ordinance would keep people from coming into the community. We should have a police force that goes out and meets the citizens. There should be police community parties. Kevin Baumgartner, 2104 Fairway Drive, stated that this program does not help other communities. People have to protect themselves. People see this type of inspection and feel they don't need another type of inspection, but they do. It is an honorable cause, but just an extra expense. Peterson closed the public hearing and called a recess to change the videotape of the meeting. Peterson called the meeting back to order at 10:01 p.m. Peterson thanked everyone for attending and stated this was one of the most enjoyable meetings he has seen, with people standing up for their rights. We all make mistakes. He stated that he was very impressed with the people gathered tonight. Williams stated his belief in the free market. It works. He stated his belief that he works for the people; people are the government. Williams requested to make a motion to dismiss the Ordinance. Hoeft stated that procedurally Council should waive the reading and move to adopt the ordinance, voting nay if they so choose. Motion by Williams, second by Kelzenberg, to waisje the reading of Ordinance No. 1548, there being an ample amount of copies available to the public. Upon vote: Ail Ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adapt Ordinance No. 1548, an Ordinance Amending the City of Columbia Heights Code by adding language establishing the requirements of the Columbia Heights Residential Inspection Before Sales Program. Nawrocki commended the residents that attended and stated his surprise. Years ago there were turn outs like this, but that has tapered off. We have meetings on important items where people do not show up. He received calls where people felt this was a "done deal", but he encouraged them to come and express themselves. The turn out made quite a difference. He encouraged people to continue this particpation_ We; and the staff; are your employees to do what the people in the community want us to do. Nawrocki encouraged participation in the upcoming budget and the Comprehensive Plan process. Kelzenberg stated. he was in awe at the number of people present for this discussion. He stated that he, also, is for lxeedom of speech and indicated his appreciation for the citizens present. City Council Minutes Monday, July 28, 2008 Pagc 10 of 15 Peterson stated that this meeting sho v~recl the Columbia heights spirit and that i°esidents can take care of themselves. He is pleased to see young people involved. He stated he was impressed with the turnout and the comments. He referred. to his project up north that had government involvement he was not pleased with. He found that you cannot remove trees on your own land or remove a downed tree without a permit. Peterson stated that he thought this program could be tweaked, but by the time everyone spoke the die was cast. Nawrocki asked that when people buy a home they know need improvement that they do repair them. The GHMIC organization will work with people giving them technical information on how to do repairs and possible financing. Call the Community Development Department to get more information. Peterson stated that he could take the blame for this item coming this far. He indicated that he make a mistake and apologized. He apologized to Scott Clark and staff for what they were directed to do on this; however, it does not fit our community. Upon vote: Ayes: none. Nays: Kelzenberg, Williams, Nawrocki, Peterson. Motion failed unanimously. B. Adopt Resolution 2008-163, Being Declaration of Nuisance and Abatement of Violations at 4513-15 Taylor Street N.E. Within the City of Columbia Heights Fire Chief Gary Gorman stated this abatement is for the repair of a retaining wall along the alley. This inspection goes back about one year. We have worked with the property owner, who is present. He disagrees that he is responsible to repair the wall. It is the City's position that the property owner is responsibility. The owner maintains that the developer, for the purpose of the city alley, put up the wall. We have a letter from his attorney also. Gorman. passed out pictures of the property. The property irons have been found indicating the retaining wail is on private property. Peterson asked who originally installed it. Gorman stated that Council minutes of 1960 referred to a petition to open the ai_ley and a public hearing seas held. The developer made the request. The minutes do not clarify who is responsible far upkeep or replacement. Williams asked when this dates back to. Gorman stated 1960 and 1961. Nawrocki stated. that if the property owner did not want the wall he could have let it slope, and would have lost parking in the back of the lot. This property does not receive access fiom the alley. Stanley Van Blaricom and David C. Olson, Attorney, came forward. Olson stated the owner has owned the duplex since 1960. His inspections have been exemplary. He has personal recollection of the action taken.. Olson distributed copies of correspondence on this issue. Olson read from the email correspondence referring to permission for Mr. Bird to do the excavation. He indicated the wall was constructed to protect the alleyway. The wall is constructed out of telephone pole material. The rail is newer and is set into the private property. Olson stated that Nawrocki indicated the owner might have put in the wall to save parking space, but there is no garage or garbage service in the back. The properties do not benefit from the wall, the city does. He stated that Mr. Van Blaricom's request is that if the alley is no longer serving its purpose that the city correct the situation. The records from that time are not as good as they could have been. Mr. Van Blaricom stated that he was on the property when the alley was built. It was just roughed in, causing water runoff. Residents were not told that a retaining wall would be installed, but it just appeared. He stated that he thought nothing of it because the city put it in and it does him no good. Kevin Hansen, Public Works Director, indicated it is unclear who built the wa1L A private contractor was retained to grade the alley. The wall is on private property. The City Cauncii Minutes Manday, 3uly 28, 2008 Page 1 l of 15 alternative is to grade the yard and not have a retaining wall. The retaining wall is riot on the public right-of--way. It is not correct to say the city installed it, rather the city allowed the alley to be created. Hoeft stated that we can not evaluate whether this is a good or bad property owner. If we assume the city did place the wall, it is similar to sidewalks that the city puts in place; the property owner is obligate to tix it. if the retaining wail is not needed, grade it off. If grading it off is not an option then it must benefit the property owner. Peterson asked that the engineering options be reviewed. He suggested working together and compromising, with a possible meeting on site. Nawrocki stated that he viewed the property aiid agreed with the recomtnended motion. Hoeft stated that it is private property and property owner's responsibility. He suggested the public hearing be continued. Williams agreed with continuing the hearing. Kelzenberg stated that he viewed the property and is not sure what can be done. Motion by Kelzenberg, second by Williams, to continue Resolution Number 2008-163, being a resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206 to the August 11 City Council meeting. Upon vote: All Ayes. Motion carried. Peterson stated that he would meet with staff and the owner at 2:00 p.m. on Thursday, August 31 at the site. C. Adopt Resoluti_o__n__2008-164, Beim a Resolution of the Citv Council of the Citv of Columbia Heights Approving Rental__License Revocation at 1140-42 45th Avenue For Failure to Meet the Requirements of the Property Maintenance Codes Gorman stated this property is going into foreclosure and the owner does not intend to file for a rental license. Williams asked if the property is vacant. Gorman indicated he believed it was. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution Number 2008-164, being ample copies available to the public. Upon vote: All Ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution Number 2008-164, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental license listed. Upon vote: All Ayes. Motion carried. D. Adopt Resolution 2008-165, Beim a Resolution Ordering and Lev~g Two Alley Lights Hansen stated this is for installation of alley lights between 1320 and 1328 41st Avenue and behind 4020 Reservoir Boulevard. The assessment is $ l per month and was petitioned by residents. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2008-165, there being ample copies available to the public. Upon vote: All Ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2008-165, being a Resolution ordering and levying one alley light located between 1320 and 1328 41st Avenue, known as PIR 677-40; and ordering and levying one alley light located behind 4020 Reservoir Boulevard, known as PIR 677-41. Upon vote: All Ayes. Motion carried. City Council Minutes Monday, July 28, 2008 Page 12 of 1 S ITEi~iS POa~ %iai~ S~yEa{AT; Oiy A. Other Ordinances and Resolutions 1) Adopt Resolution 2008-168 Approving Property Tax Abatement Related to Senior Housing Improvements and Approving the First Amendment to Contract for Private Redevelopment New Perspective Senior LivinP) Clark stated this action is to approve the first amendment to private redevelopment for the new developer taking over the Comforts of Home project. The EDA reviewed this with. an unanimous vote for an abatement amount not to exceed $150,000 and runs for five years on the property. It is a two party agreement with. the EDA and City Council. Motion by Kelzenberg, second by Williams, to waive the Reading of Resolution 2008-168, there being an ample amount of copies available to the public. Upon vote: All Ayes. Motion carried. Motion by Kelzenberg, second by Williams, to Adopt Resolution 2008-168, a Resolution approving Property Tax Abatement Related to Senior Housing Improvements and Approving the First Amendment to Contract for Private Redevelopment; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: Ail Ayes. Motion carried. 2) Adopt Resolution 2008-169 Bein~a Resolution Adopting Fees for the Residential Inspection Before Sales Program (RIBS) -removed B. Bid Considerations -none C. Other Business -none ADMINISTRATIVE REPORTS Report of the Assistant to the City Manager/Human Resources Director Magee indicated the August 4th work session items: LED signs, retaining walls, water shut off rates, dedicated left turn lane on 49th, and parking ramp agreement 40th and Central. Report of the City Attorney -nothing to report (;ITIGEIVS l~+'ORUM Donna Schmitt, 4260 Tyler Street, thanked the Council and staff for their hard work and the time put in on the RIBS program. Harold Holum asked that someone read and explain all ordinances for the public. Dwayne Morrell, Reservoir Boulevard, indicated disappointment in the tree replacement program. He asked when the City gym became a priority for the city. Peterson stated it has been discussed for 15-20 years and discussion began with the schools about 18 months ago. Peterson stated it is a service to the community, like your library. Deb Johnson, 4626 Pierce Street, stated that we heard a lot about government being involved in people's personal lives, but pointed out that government is the first place you call when you lose your job or you grandmother needs to go to a nursing home. When you don't need them you tell them to get out of your life. You can not have it both ways. Kelzenberg asked if she was in favor of the RIBS program. Johnson stated initially yes, it was built on good intentions, and was intended as truth in housing. She would be in favor of an ordinance to have the buyer have an inspection. City Council Minutes Monday, July 28, 2008 Page 1 s of 15 COUNCIL COP:NER Nawrocki • Duplex foreclosed at 4631 Pierce Street has been broken into. Requested staff look into purchasing the property. The garage is also in bad shape. Deb Johnson stated it is across from her and has a broken window in the back and can be entered. The outside looks good, but the inside is gutted. • Attended the Suburban Rate Authority meeting. They are working with the electric company on more decorative lighting for streetlights. Offered their annual audit for review. Williams • Tonight we saw government in action - we are not beyond approach. People think. that they can't buck city hall. We can be wrong. The citizens spoke tonight. Read from a letter from Alexander House requesting funds for services to Columbia Heights residents. People expect the city to support the programs they create. He indicated his appreciation far this meeting. Kelzenberg • Enjoyed the meeting also. • Hopes everyone gets out on National Night Out and encouraged everyone to attend the SACA charity softball game. Peterson • Don't forget our service men and women; they are doing a great job for us. We want to see the conflict end. • Let's not take ourselves too seriously and do a random act of kindness. ADJOURNMENT Peterson adjourned the meeting at 10:58 p.m. J .r _ '~~ ~~ ~ ~, '" ~ Patricia Muscovitz CMC r`ity (`lerk/(~n~~n~i1 ~e~retary RESOLUTION N0.2008-161 BEING A RESOLUTION ESTABLISHING VARIOUS COMPENSATION RATES FOR THE COLUMBIA HEIGHTS FIRE DEPARTMENT PAID-ON-CALL DIVISION LEVEL STATION DUTY & DRILLS FIRE CALLS Appointment to Paid-on-Call Division (possession of, or attainment of EMT $7.00 $7.00 license) Attainment of Firefighter I certification $g.50 $10.00 and completion of in-house training Completion of one year probationary $9.99 $12.84 eriod Fire Motor Operator differential $1.50 $I.50 Lieutenant differential $2.00 $2.00 City Council Minutes Monday, .luly 28, 2008 Page 14 of 15 Adjustments effective January 1, 2008 RESOLUTION N0.200$-162 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT AND PARTICIPATION IN THE SAFE AND SOBER COMMUNITIES GRANT PROGRAM `iN'HEREAS, t he City ot`Coiuinbia Heights Police Department shall enter into a grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety, for the project entitled Safe & Sober Communities during the period October 1, 2008 through September 30, 2009; and WHEREAS, Chief Nadeau of the Columbia Heights Police Department is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the Columbia Heights Police Department; and NOW, THEREFORE BE IT RESOLVED that Chief Wells of the Coon Rapids Police Department is hereby authorized to be the fiscal agent and administer this grant on behalf of the Columbia Heights Police Department. RESOLUTION N0.2008-166 BEING A RESOLUTION TO AMEND THE CERTIFIED LEVY FOR 2006-Z1-44-001 AND 2006-Z1-44-002, COUNTY FUND NUMBER 84056 WHEREAS, the City of Columbia Heights assessed certain properties for 2006 Street Rehabilitation projects on Tyler Place and 43'/ Avenues; and WHEREAS, the City assessed the United States Postal Service at 940 44T'' Avenue, PIN 36-30-24-22-0107 as part of the project; and WHEREAS, the United States Postal Service has provided information to the City Council concerning the exempt status of the USPS. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Columbia Heights that the above described property is exempt from special assessments and. shall. be removed from the certified levy for 2006-ZI-44-001 and 2006-Z1-44-002, County Fund Number 84056. RESOLUTION N0.2008-165 BEING A RESOLUTION LEVYING AND ADOPTING THE ASSESSMENT FOR ALLEY LIGHT AREA NO. 677-40 AND 677-41 Adopting assessment roll according to the City Charter for the following local improvement and determining that said improvement will be made and ratifying and confirming all other proceedings, heretofore had.: Special Assessment for alley light area numbered 677-40 and 677-41 WHEREAS, the City Council of the City of Cohnnbia Heights, Minnesota, met at 7:00 p.m. on the 28Th day of July 2008, in the City Council Chamber, 590 40Th Avenue N.E. Columbia Heights, Minnesota, being the time and place set when and where all persons interested could. appear and be heard by the Council. with respect to benefits, and to the proportion of the cost of making the local improvement above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated the cost of such local improvement and. has prepared an assessment roll therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: Section 1. That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Local improvements" numbered 677-40 and 677-41 for alley lighting. Section 2. That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessiiieiit roil was aiid is especially benefited by such improvements. This Council further finds and determines that the proper proportion of the cost of such improvement to be especially assessed against each lot or parcel of land is the amount as billed annually by Xcel Energy Company. Section 3. That the assessment will be added. to the utility bill prepared and. mailed by the City of Columbia Heights to property owners or occupants on record with the Finance Department. Section 4. This resolution shall take effect immediately upon its passage. City Council Minutes Monday, July 28, 2008 Page 1 S of 15 its-+'~S3LJ'4';iCll~! 2Q2Q~®164 Resolution of the City Council far 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 Eric Betzler (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1140-42 45`h Avenue N.E., Columbia Heights, Minnesota, ~X~hereas, pursuant to Ci~y' Code, C hapicr SA, Article iV, Section SA.408(i3), written notice setting forth the causes and. reasons for the proposed Council action contained herein was given to the License Holder on July 8, 2008 of an public hearing to be held on July 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 or about May 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 July 8, 2008 inspection offrce 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 renewal rental license application and fees 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 F8385 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.