HomeMy WebLinkAboutJuly 28, 2008OFFICIAL PROCEEDINGS
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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,
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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.
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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.
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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
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'" ~ 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.