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HomeMy WebLinkAboutAugust 11, 2008OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING AUGUST 11, 2008 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, August 11, 2008 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Shirley Barnes, CEO Crest View Lutheran Home, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed Resolutions No. 2008-178 and 2008-179 in that the properties have been brought into compliance. Nawrocki requested discussion on the 2009 proposed budget. He asked that the draft agenda better explain items, for example the Charter changes and where on Jackson Street the vacation would be. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Presentation -Kjersta Yackel Fire Chief Gary Gorman indicated that on June 4`h a resident, Harold Jorvic, collapsed in his driveway and his breathing stopped. Kjersta and her mom, Shirley, were driving by and stopped as Kjersta wanted to help the man. She had learned CPR in high school and performed CPR on Mr. Jorvic until our firefighters arrived. The Fire Department was present to honor her with a commendation for her courageous, unselfish act. Gorman also credited Shirley with stopping so her child could help. Garman stated this act was very courageous, as learning CPR on a dummy is clean and sterile, but a real situation. can. be very intimidating. Gorman called Kjersta forward and presented her with a City Award of Commendation. He quoted from an article written by Gail Olsen in the Northeaster, which was an excellent story on Kjersta saving Mr. Jorvic's life. Peterson stated that he ends every meeting with "do a random act of kindness" and this was a great one. CONSENT AGENDA Walt Fehst, City Manager, took Councilmembers through the Consent Agenda items. A. Approve minutes of the July 28 2008 Columbia Hei htg, s City Council meeting. Motion to approve the minutes of the July 28, 2008 City Council meeting. B. Accept minutes of the Columbia Heights Boards and Commissions Motion to accept the minutes of the Charter Commission meeting of July 17, 2008. City Council Minutes Monday, August I I, 2008 Page 2 of 18 C. Adopt Resolution No. 2008-170 being a Resolution desi natin~ election judges and salaries for the 2008 Primary and General Elections and designate the City Clerk authority to appoint emer encyjudges. Nawrocki stated that the Primary Election is Tuesday, September 9t1i Motion to adopt Resolution No. 2008-170, being a Resolution designating election judges and salaries for the 2008 Primary and General Elections and designate the City Clerk authority to appoint emergency judges. D. Establish. canvass of the 2008 Primarv Election results far Wednesday September 10 2008 beginning at 5:30 p.m. in the City Council Chambers Resolution may be found at the end of this document. Motion to establish the canvass of the 2008 Primary Election results for Wednesday, September 10, 2008 beginning at 5:30 p.m. in the City Council Chambers. E. Authorize School Liaison Officer Contract with School District #13 for 2008-2009 School Year Motion to authorize the Mayor and Police Chief to enter into a Joint Powers agreement with School District #13 for the provision of a Police School Liaison Officer as stipulated in the Joint Powers Agreement for the period of September 4, 2008 through June 9, 2009. F. Adopt Resolution No. 2008-167 being a Resolution authorizing the City of Columbia Heights to enter into Cooperative Agreement No. 92807 with MNDOT for TH 47 University Avenue Service Drive Reconstruction. Fehst stated that the bid award would be tabled until later in the meeting, as they must be approved by the State first. Nawrocki questioned if there was a meeting to inform the residents. Kevin Hansen, Public Works Director, stated that an informational card was sent out last week, with the expectation to begin construction right after Labor Day. The meeting will be held at that time. Motion to waive the reading of Resolution No. 2008-167, there being ample copies available to the public. Motion to adopt Resolution No. 2008-167, being a resolution authorizing the City of Columbia Heights to enter into Cooperative Agreement No. 92807 with Mn/DOT for TH 47 University Avenue Service Drive Improvements, City Project No. 0602. RESOLUTION N0.2008-167 BEING A RESOLUTION AUTHORIZING THE CITY OF COLUMBIA HEIGHTS TO ENTER COOPERATIVE AGREEMENT NO. 92807 WITH MNDOT FOR THE UNIVERSITY SERVICE DRIVE RECONSTRUCTION FROM 40TH TO 45TH AVENUES CITY PROJECT # 0602 WHEREAS, the Columbia Heights City Engineer has prepared final plans and specifications for the University Service Drive Reconstruction from 40`h to 4~`h Avenue; City Project 0602: and WHEREAS, MnDOT has designated the improvements as SP 0205-94 and SAP l 13-010-014; and WHEREAS, Mn/DOT Cooperative Agreement Funds and City's Municipal State Aid account shall provide the funding for the proposed. improvements; and WHEREAS, MnDOT has secured funding in the amount of $594.000 for the project and has prepared Municipal Agreement Number 92807 for the making of the improvements: and, WHEREAS, the improvements will benefit MnDOT's Trunk Highway system. C"ity Council Minutes Monday, August 11, 2008 Page 3 of 18 BE IT RESOLVED that the City of Columbia Heights enter into Mn/DOT Agreement No. 92807 with the State of Minnesota. Department of Transportation for the following purposes: To provide for Lump Sum payment by the State to the City of the State's share of the costs of the reconstruction of the University Service Drive from 40`h to 45`h Avenues and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 47 within the corporate City limits under State Projects No. 0205-94 and No. 113-010- 014 BE IT FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the Agreement and any amendments to the Agreement. G. Evaluation of a dedicated left turn lane on 49th Avenue from Fillmore Street to Johnson Street. Fehst indicated this is a request for a study only, as petitioned by a resident of the area. Motion to direct staff to request Anoka County Highway Department to conduct a traffic study on 49th Avenue between Fillmore Street and Johnson Street, with an evaluation of a left turn lane in this segment boundary. H. Approve evaluation for water turn offs and ons Motion to establish the following fees for service for water turn ons and turn offs: 1. $50.00 fee for meter disconnect or reconnect. 2. $25.00 fee for a no show to turn on or meter reconnect appointment. I. Approval of the attached list of rental housing license applications, in that they have met the requirements of the Residential Maintenance Code. Motion to approve the items listed for rental housing license applications for August 11, 2008 J. Approve Business License Applications Motion to approve the items as lasted on the business license agenda for August 11, 2008 as presented. K. Approve payment of the bills. Motion to approve the payment of the bills out of the proper fund as listed in the attached register covering Check Number 126806 through Check Number 126974 in the amount of $12,368,203.40 Motion by Nawrocki, second by Williams, to approve the Consent Agenda items. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A, Adont Resolution 2008-163, 4513-15 Taylor Street N.E. being a declaration of nuisance and abatement of violations within the City of Columbia Heights. Hansen indicated that he met with the property owner at the site. City staff indicated they would make a proposal to the City Attorney regarding these two city lots (of about 160 feet). The agreement would allow cooperation and splitting of responsibilities. The best solution would be to cover over the wall and create a slope of the retaining wall area, allowing a one year extension to complete the project. Nawrocki asked what would be done and who would be responsible. Hansen stated that the city would bring in fill and that the property owner would be responsible far the restoration. We did not feel responsible to remove the wall and stumps. This would create City Council Minutes Monday, August 11, 2008 Page 4 of I8 a slope. This would also allow the owner time to move the sheds, for our availability to bring in the appropriate fill, and allow him time to get suitable top soils for seeding. Jim Hoeft, City Attorney, suggested closing the public hearing and a vote to take no action at this time, allowing this to be revisit at a later time. Peterson asked if the owner understood his responsibility in this agreement. The owner indicated that he did. Motion by Williams, second by Kelzenberg, to close the public hearing. Upon vote: All Ayes. Motion carried. Motion by Diehm, second by Williams, to take no action on Resolution 2008-163, 4513- 15 Taylor Street N.E. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. B. Adopt Resolutions 2008-171_, 4152 Cleveland. Street N.E., 2008-172, 5045 Johnson Street N.E. 2008-173 1355-57 Circle Terrace Blvd. N.E. and 2008-174 1337-39 Circle Terrace Blvd. N.E. being declarations of nuisance and abatement of violations within the Cit~of Columbia Heights. Resolutions may be found at the end of this document. Fire Chief Gary Gorman indicated the property violations: Resolution 2008-171, 4152 Cleveland Street N.E., the house is in foreclosure - it is a new house under construction. Resolution 2008-172, 5045 Johnson Street N.E., needs repair of the lower overhead garage panel. Resolution 2008-173, 1355-57 Circle Terrace Blvd. N.E, -the property was unsecured. There was an immediate abatement to secure the buil_ding- Resolution 2008-174, 1337-39 Circle Terrace Blvd. N.E., -there ~.~~as an immediate abatement to secure a garage service door. Williams referred to how long the property owner on Cleveland was given to complete the home and now it is in foreclosure. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution Numbers 2008-171, 172, 173, and 174, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Nawrocki, to adopt Resolution Numbers 2008-17I, 172, 173, and 174 being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. C. Adopt Resolutions 2008-175 4148-52 Tyler Street, 2008-176, 4610-12 Fillmore Street, 2008-177 1236-38 Circle Terrace Blvd. 2008-178 3971 Johnson Street, 2008-179 5036 Jackson Street and 2008-180, 4515-17 Fillmore Street being Resolutions of the City Council of the City of Columbia Heights approving rental license revocation for failure to City Council Minutes Monday, August 11, 2008 Page 5 of 18 meet the requirements of the Property Maintenance Codes. Resolutions may be found at the end of this document. Gorman stated the revocations are for failure to meet rental license requirements. Resolution 2008-175, 4148-52 Tyler Street, failure to submit the application and schedule an application. Resolution 2008-176, 4610-12 Fillmore Street, interior repairs were required. Staff was not allowed in for a re-inspection. Outside violation are not complete. Resolution 2008-177, 1236-38 Circle Terrace Blvd., failure to submit the application and schedule an appointment. Resolution 2008-180, 4515-17 Fillmore Street, -the building has torn screens, broken glass, etc. There have been four other abatements at this property. The building is now vacant. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution Numbers 2008-175, 176, 177, and 180 being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution Numbers 2008-175, 176, 177, 9, and 180 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental licenses listed. Upon vote: All ayes. Motion carried. Nawrocki. indicated that Circle Terrace was physically improved. He commended the Police Chief on the program in this area and the firefighters doing their part of the program. he can't wait for the program to be extended to other parts of town, specifically behind Mcl~or~alds. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. Adopt Resolution No. 2008-182 being a Resolution approving the preliminary plat and the 1st reading of Ordinance No. 1552 being an Ordinance to vacation of a portion of Jackson Street for 825 - 41st Avenue. Jeff Sargent, City Planner, indicated this is the preliminary plat of the public safety facility. This will clean up the easements on the parcel and help with the vacation of a portion of Jackson Street that runs into the property. Nawrocki stated that Jackson is not a dead end street and asked if the access to 41'` would be removed. Sargent stated it is not a platted right-of--way. Nawrocki stated that since the second addition to the old high school, there was access for the public. He asked if this was discussed with residents. Sargent stated a meeting was held on July 24th to discuss the vacation and platting process. Three residents were in attendance. There were no questions on the vacation. Nawrocki questioned if the vacation was described in layman's terms. Sargent indicated that this was also discussed and described at the Planning and Zoning Commission meeting. There were no concerns raised. Nawrocki again questioned if this was relayed in layman's terms. Sargent stated that it is his job to describe actions so City Council Minutes Monday, August 11, ?008 Page 6 of 18 residents can understand them. Diehm stated that the access at Jackson is not changing and whether people have been trespassing in the past is not the issue at hand. Nawrocki stated that mast people did not know they were trespassing and continued to elaborate his point that residents were not aware that a part of Jackson Street would be vacated. Nawrocki stated that he was not getting an answer to his question. Diehm stated that he did not get the answer he wanted. Sargent stated it was a driveway that would now go into the police parking lot. Nawrocki stated this was used as a thoroughfare, and is used every Sunday. He requested notification of the second reading to the people from Jefferson to 42°d. Peterson stated that it is already a dead end street. Nawrocki reiterated his point and stated that there have not been "no trespassing" signs placed there. Harold Hoium, 4300 3r~ Street, asked where the snow would be placed from the dead end street. Peterson stated that the PW department would take care of that. Motion by Williams, second by Diehm, to waive the reading of Resolution No. 2008-182, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution 2008-182, approving the preliminary plat, subject to the 19 stated conditions as approved by the Planning Commission. Motion to amend by Nawrocki to inform residents along Jackson Street south of 42°d of the second reading of the ordinance that Jackson Street would be cut off. Peterson called for a second to the amendment. Motion died for lack of a second. Upon vote of the original motion: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. Motion carried. Motion by Williams, second by Kelzenberg, to waive the reading of Ordinance No. 1552, there being ample copies available to the public. Upon vote: All ayesm Motion carried. Motion by Williams, second by Kelzenberg, to establish the second reading of Ordinance No. 1552, for Monday, August 25, 2008, at approximately 7:00 p.m. in the City Council Chambers. Nawrocki renewed his Motion to amend to inform residents along Jackson Street south of 42°d of the second reading of the ordinance that Jackson Street would be cut off. Nawrocki pointed out the incorrect name of Pratt Ordway in the resolution. Hoeft stated the error would be corrected. Peterson called for a second to the motion. Motion died for Lack of a second. Upon vote of the original motion: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes -1 nay. Motion carried. City Council Minutes Monday, August 1 1, ?008 Page 7 of 18 2. 1st Reading of Ordinance 1553, being a Zoning Amendment as it relates to Dynamic LED Signage Sargent stated this ordinance regulates signs capable of changing electronically. The intent is to help economic vitality by allowing use of the signs, but restrict them to keep them aesthetically pleasing. They would be allowed in commercial districts by a conditional use permit. Religious organizations and schools could use these signs. Electronic signs could only change once every 10 minutes in commercial areas and once every 30 minutes in residential areas, They would have to be part of a monument sign. Diehm stated the P&Z vote was a 3-2 vote and asked what their concerns were. Sargent stated that two commissioners felt this is against what we want our community to be. It was explained where they could be located and the brightness would be regulated. Diehm indicated that initially she was opposed to allowing electronic signs, but researched them and spoke to business owners and other communities. This ordinance is very conservative. The signs could also be used to flash helpfi2l information in an emergency. Sargent gave a comparison to regulations in 13 other "metro old communities". Nawrocki questioned what regulations the City of Fridley has. Sargent indicated he could include that information at the second reading. Sargent indicated that our central business district no longer allows pylon signs. Dwayne Morrell, 4212 Reservoir Boulevard, asked why are we generating this change. Peterson stated it is to address the current technology, assist businesses, and make it is safer and easier to change signs. Morrell asked if the NE State Bank would have to change their electronic sign. Nawrocki stated no, as that was an approved sign. Diehm asked if the new time restrictions could be enforced. Hoeft stated that the sign does not have to be changed, but the time requirements must be followed. Donna Schmidt, 4260 Tyler Street, asked why they would have to conform when they are grandfathered in. Hoeft stated that they can continue to exist, b~.zt the duration. of the message on the sign would have to change. Deb 3ohnson, 4626 Pierce, stated it would be a shame to require the bank to change as they advertise many community events. Diehm indicated they can display time and temperature. Hoeft referred to the public safety concern, as this is a distraction to drivers. Diehm stated the initial concern was Central Avenue having distracting, scrolling signs. Nawrocki questioned dynamic versus variable signs. Sargent referred to the design guidelines definition of variable electronic signs indicating the scrolling feature versus time length between changes. Nawrocki questioned the theater sign. Sargent stated that is defined as a marquee sign and is allowed. Nawrocki questioned the limitation to monument signs. Sargent stated that monument signs can be no more than 40 sq. ft. and no more that 50 percent of the monument sign can be electronic. Motion by Keizenberg, second by Williams, to waive the reading of Ordinance No. 1553, there being ample copies available to the public. Upon vote: All ayes. Motion carried. City Council Minutes Monday, August 1 1, 2008 Page 8 of 18 Motion by Kelzenberg, second by Williams, to establish the second reading of Ordinance No. 1553, for Monday, August 25, 2008, at approximately 7:00 p.m. in the City Council Chambers. Upon vote: A11 ayes. Motion carried. 3. 1st Reading of Ordinance 1554, being a Zoning Amendment as it Relates Garage Sales. Sargent referred to concerns regarding the number of garage sales allowed and the difficulty enforcing the current ordinance of twelve days per year. After researching what other cities do, the proposal is to limit garage sales to two per year, three days in length. Enforcement would be on a complaint basis. The number of events would be easier to track and enforce than the number of days per year. Harold Holum. stated that most people in the community want this ordinance thrown out. Garage sales allow people to clean out their property. Motion by Williams, second by Kelzenberg, to waive the reading of Ordinance No. 1554, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to establish the second reading of Ordinance No. 1554, for Monday, August 25, 2008, at approximately 7:00 p.m. in the City Council Chambers. Upon vote: A11 ayes. Motion carried. 4. 1st Reading of Ordinance 1555, being a Zoning Amendment as it Relates to Real Estate Sig_ns• Sargent stated that complaints were received regarding the size of real estate signs. The current code is ambiguous concerning these signs. Staff proposes the number of residential real estate signs be limited to one, with two allowed on a corner lot. Nawrocki questioned the size restrictions, which Sargent explained. Diehm indicated that earlier this year a resident addressed the Council on this issue. This is an example of addressing resident concerns. It ?s a good change. Motion by Diehm, second by Williams, to waive the reading of Ordinance No. 1555, there being ample copies available to the public. Upon vote: All ayes. Mohan ca 'ed. Motion by Williams, second by Diehm, to establish the second reading of Ordinance No. 1555, for Monday, August 25, 2008, at approximately '7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. 5. 1st Reading of Ordinance 1556, being a Zoning Amendment as it Relates to Governmental Temporary SigLns. Sargent stated this is relative to city-wide events and functions. Currently, they are restricted by temporary sign guidelines of no more than four per year. This would now allow signs to be displayed for city events. Motion by Kelzenberg, second by Williams, to waive the reading of Ordinance No. 1556, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to establish the second reading of Ordinance No. 1556, for Monday, August 25, 2008, at approximately 7:00 p.m. in the City Council City Council Minutes Monday, August 11, 2008 Page 9 of 18 Chambers. Upon vote: All ayes. Motion carried. 6. 1st Reading of Ordinance 1551, being an Ordinance amending the City Charter of the City of Columbia Heights relating to General Provision Definitions Hoeft stated that previously the City Council created the separate positions of city clerk and city treasurer, The Charter references the position and required modification as a. housekeeping measure to be brought in line with the Council action. The Charter Commission has reviewed and recommended these changes. Nawrocki questioned the next agenda item. I-Ioeft stated the second item is for the same purpose in the City Code. Modifications were completed by the administration staff. Motion by Kelzenberg, second by Williams, to waive the reading of Ordinance No. 1551, there being ample copies available to the public. Upon. vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams to establish the second reading of Ordinance 1551, being an Ordinance amending the City Charter of the City of Columbia Heights relating to General Provision Definitions, for Monday, August 25, 2008 in the City Council Chambers, at approximately 7:00 p.m. Upon vote: All ayes. Motion carried. 7. 1st Reading of Ordinance 1535 being an Ordinance relating to General Provision Definitions. Hoeft indicated this review was completed by the city clerk. Motion by Diehm, second by Williams to waive the reading of Ordinance No. 1535, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by ~~Villiams, to establish the second reading of Ordinance No. 1535, being an Ordinance amending Ordinance No. 1490 City Code of 2005 relating to General Provision Definitions, for Monday, August 25, 2008 ire the City Council Chambers, at approximately 7:00 p.m. Upon vote: All ayes. Motion carried. B. Bid Considerations Resolution 2008-181 accepting bids and awarding contract for University Avenue Service Drive Hanson requested to table this item to the City Council meeting of August 25, 2008. Motion by Williams, second by Diehm, to table Resolution 2008-181, accepting bids and awarding contract for University Avenue Service Drive, to August 25, 2008. Upon vote: All ayes. Motion carried. Nawrocki questioned if the bids were received. Fehst stated that we have the bids, but they must receive State approval. They are good bids and are under the assessed amount. C. Other Business ADMINISTRATIVE REPORTS Report of the City Manager • Phase I excavation bids for the public safety building earth work, retaining wall, erosion, etc. City Council Minutes Monday, August 11, 2008 Page 10 of 18 will be opened tomorrow. • The gym contractor continues to work. Weekly meetings are held. • Council has referred to the possible purchase of a home on Gould Avenue and Pierce Street. Residents would like to see the City purchase the deteriorated homes in the area. That would require a huge investment and being in the landlord business. We need to discuss how to deal with defaulting and foreclosed homes, including those on Circle Terrace. We considered buying one property for a possible safe home, lake a mini substation. Fehst requested suggestions be given to staff. • A manhole cover collapsed between 43~d and 44t" on Central, which we will repair. Nawrocki requested the budget be discussed. Fehst referred to levy limits and exclusions allowed for the public safety facility. The increase would be five to six percent. Nawrocki stated the maximum levy must be to the County by September 15. Fehst stated it would be presented to Council by the end of August. Nawrocki referred to the dismal forecast by the Finance Director in the green sheet. Na~vrocki stated this does not take into account the HRA levy and the County HRA levy. Increases could be in the double digits. He does not agree with setting the maximum limit. We must prioritize what is proposed and keep within our citizen's ability to pay. Peterson requested to receive the budget information as soon as possible. Report of the City Attorney -nothing to report. CITIZENS FORUM Hoium questioned the status of the certain homes and weeds along University from 40`" to 44`". Bus stops should have longer stop lanes. Indicated concern of weeds at Jefferson & 39`" and St" and 37t" Now that there is a charge to pick up appliances, garages are now full of them. Requested a time study to cut the budget. Dwayne 1`dlarrell indicated landscaping concerns at the new liquor stores. Fehst agreed and requested Morrell contact our Public Works Department with his suggestions. Donna Schmidt, 4260 Tyler Street, indicated the concern of Immaculate Conception's Principal regarding traffic at the public safety facility and their request to increase the height of their fence. Fehst stated the intention is for traffic to exit on 41 S` and indicated staff could meet with them. Schmidt stated that the Fridley Conservation Commission makes money recycling televisions and electronics and requested we find out if we could also do so. Fehst stated they have individual contractors. Our costs are programmed in to keep the overall cost dawn. Schmidt stated that Best Buy takes electronics for free. Schmidt questioned commercial property inspections. Fehst stated that we recently adopted a commercial inspection portion of the City Code. The Fire Department follows up on complaints received. Schmidt indicated her pleasure with the Special Task Force's juvenile curfew enforcement. COUNCIL COP:NER Kelzenberg • Hope everyone had a good time at the National Night Out parties. • The SACA charity softball game went in to extra innings. The Police/Fire team won over the Post Office team. The Police/Fire team lost to the Girls Fastpitch team. Williams City Council Minutes Monday, August 11, 2008 Page 1 I of l8 • Very moved by the story of the young lady saving the man's live. • Did not attend National Night Out for medical reasons. • Goad attendance at the SACA fundraiser. • Believe the police are doing a great job -officers respect the new Chief. • The Fire Department is also doing a great job. Believe only one to two percent of the people are causing the problems in our town. Diehm • Exciting to see the demolition of Taco Bell and the car wash • Commendation presentation is a great inspiration to the School District to continue offering CPR. • Absent from the last meeting to attend her stepdaughter's wedding in Europe. Inspirational to step back and look at other countries where some days there is no running water. Redevelopment would be overwhelming. Gave a great appreciation for the good work we do here. We may not always agree, but we all want to go down the right path. Nawrocki • Grass in the Huset Park development needs to be cut. • Recycling - a newspaper story indicated values are up 200- 300%. Look at what our hauler is reimbursing us on the cost of those materials. With TV's changing to HDTV's there is recyclable material in them. People are stripping catalytic converters out of cars for the value of the metal. • Last meeting regarding RIBS -great discussion. Shows importance to get information out to the residents. Don't wait until the last minute. Peterson • Last Thursday the MOONSHOE players gave a great and exciting performance. 32 youth participated. To manage and produce a play in such a professional manner is a tribute to our Recreation Department and coordinator Liz Bray. • Our nine youth that went on a student exchange to our Sister City in Poland will return on Wednesday. Hope to have them attend a Council meeting to tell us abeut it. • Don't forget our service men. and women -our thoughts and prayers should be with them at all times • Requested Council members take another look at the Rules of Decorum that were distributed. Referred to our Values First program -this month is respect and self control. Use these for a model of behavior at our meetings. • Don't take ourselves too seriously and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned 9:36 p.m. ,~ . ~ _.~.._ r Patricia Muscovitz CMC City ClerklCouncil Secretary RESOLUTION 2008-170 BEING A RESOLUTION DESIGNATING ELECTION JUDGE SALARIES AND ELECTION JUDGES EOR'I'HE 2008 PRIMARY AND GENERAL ELECTIONS WHEREAS: There are scheduled elections in the City of Columbia Heights and the State of Minnesota: and City Council Minutes Monday, August 11, 2008 Page 12 of 18 WHEREAS: Pursuant to City Charter, Section 30, and M.S.S.204A, the Council shall appoint the following yualilied voters to be judges for the 2008 Primary and General election. Precinct 1-Murzyn Hall-530 Mill St. Faye Cleasby -Head Judge Darlene BieIjeski -~ Assistant Head Judge Dolores Strand Fran Jensen Wanda Reining James Cyson Robert Petty Joyce Shellito Sandy Engquist Jeanne Andrychowicz Ardy Bucher Shanna Schmitt Precinct 2-Immaculate Conception-4030 Jackson St. Clara Shattuck -Head Judge JoAnn Kewatt -Assistant Head Judge Mark Ernme Jacque Block Bradley Schmitt Carol Wiles Dennis Otremba Gretchen Gallagher Weinstein Bev I-Iolub Michael McGee Darcy Tils Precinct 3 -Parkview Villa-965 40`h Avenue Muriel Nichols - Flead Judge Charles Helland -Assistant Head Judge Delores Jacobsen Jacqueline Niznik Lorraine Miiisheski Georgene Baker Marna Gomez Jeani Cox Dolores Fowler Dennis O'Connell Ralph Human Joan Kinde -Head Judge Joanne Nelson- Assistant Head .fudge Nancy French Irene Ricci Richard Meixner Lon-ie Nalezny Marion Bernard Clara Schmidt Ellen Lutz Marie Peterson Marian Luke Precinct 6-Richland Elem. School-1500 49`n Ave Stephen lserman -Head Judge Aurora Johnston -Assistant Flead Judge LaVonne Seim Delores Marquette Kay Mayer Eva Pelton Doris Sunheim Carol Lawler Barbara Marshall Mary Meier Phyllis Colombo Catherine Vesley Precinct 7-Valley View Elem School-800 49th Ave Ann Kronstedt -Head Judge Joan Fuhrman -Assistant Head Judge Kathryn Morales James Hutchinson Patricia Tollefson Carolyn Hampton Kay Handley Mary Swanson Barb Nundahl John LVachuska Janelle Nero Richelle Archambault Precinct 4-Highland Elem School-1500 49th Avenue Marsha Stroik -Head Judge Joel Andrychowicz- Assistant Head Judge Shirley Browning Desli Krech Weslie Green Betty Krahl Sara Surbrook Soundra Burgoyne Charles Kewatt Nancy Leong Karen Davenport Precinct 5-First Lutheran Church-1555 40`~ Ave Precinct 8-Valley View Elem School-$00 49t°' Ave Stephen Emme- FIead Judge Dick Corbett-Assistant Head Judge Irene Sunt Mary Dowdle Marvin Helm Dorothy Penate Jenna Fish Carol Geier Sue Murzyn Laurel Best Michelle Ferreira Fatuma Elmi Jessica Letoumeau NOW, THEREFORE. BE IT RESOLVED, that the City Council of the City of Columbia Heights does appoint the afore mentioned as election judges, by precinct, far the Primary Election on September 9 2008 and the General Elections on November 4.2008. with an hourly remuneration of $1 1.00 for Head Judge. $10.75 for Assistant Head Judge, and $1.0.50 for an Election Judge. The City Clerk may designate emergency judges, as necessary. RESOLUTION 2008-171 City Council Minutes Monday, August 1 1, 2008 Page 13 of 18 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Access Bank (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4152 Cleveland Street, Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and. reasons for the proposed council action contained herein was sent via regular mail to the owner of record on July 24, 2008. Now, therefore, in accordance with the foregoing, and al] 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 June 18, 2008 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on July 24, 2008 inspectors re-inspected the property listed above. inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on July 30, 2008 inspectors re-inspected the property and found that one violation. remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall sod, lay down grass seed or install approved landscaping material on all bare areas of the yard. 5. That all parties, including the owner of record. and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4152 Cleveland Street is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been. duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4152 Cleveland Street constitutes a nuisance pursuant to City Cade. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2008-172 Resolution of the City Council far the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by James J. Dalkaf (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 5045 Johnson Street, Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written. notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record. on July 10, 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 May 29, 2008 an inspection was conducted on the properly listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on July 10, 2008 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in City Council Minutes Monday, August I I, 2008 Page 14 of 18 the property records. 3. That on August 1, 2008 inspectors re-inspected the property and found. that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Sha1I repair the lower overhead garage door panel. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL l . That the property located at 5045 Johnson Street is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 5045 Johnson. Street constitutes a nuisance pursuant to City Code. 2. That a copy of this order shaiI be served upon all relevant parties and parties in interest. RESOLUTION 2008-173 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Judith Germain (Hereinafter "Owner of Record"). Whereas, the owner of record. is the legal owner of the real property located at 1355-57 Circle Terrace Blvd. N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail. to the owner of record on 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 July 28, 2008 the Fire Department was in the neighborhood doing PMC inspections. Shortly after arriving at this property inspectors noted that the building was unsecured. Inspectors verified that the structure was vacant and contacted the city's contractor to board the open window up. 2. That an July 29, 2008 the Fire Department was contacted by DuAll Services whom stated that window had been boarded. 3. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s} were found to exist and have been abated, to wit: Approve the immediate abatement of the hazardous structure located at 1355-57 Circle Terrace Boulevard N.E. 4. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located. at 1355-57 Circle Terrace Blvd. N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served. notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 1355-57 Circle Terrace Blvd. N.E. canstitutes a nuisance pursuant to City Cade. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. City Council Minutes Monday, August 11, 2008 Page 15 of 18 RESOLUTION 2008-174 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Deutsch Bank (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1337-37 Circle Terrace Blvd. N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on 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 July 28, 2008 the Fire Department was in the neighborhood doing PMC inspections. Shortly after arriving at this property inspectors noted that a building on the property was unsecured. Inspectors verified that the structure was vacant and contacted the city's contractor to board the open window up. 2. That on July 29, 2008 the Fire Department was contacted by DuAll Services whom stated. that window had been boarded. 3. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: Approve the immediate abatement of the hazardous structure located at 1337-39 Circle Terrace Boulevard N.E. 4. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8Z06(A) and 8206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 1337-39 Circle Terrace Blvd. N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 1337-39 Circle Terrace Blvd. N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shalt be served upon all relevant parties and parties in interest. RESOLUTION 2008-175 Resolution of the City Council. for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section. SA.408(A) of that certain residential rental license held by Donna Frank (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4148-52 Tyler Street N.E,, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on July 17, 2008 of an public hearing to be held on August 1 1, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and. regulations of the City of Colwnbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on July 17, 2008 inspection office staff sent a letter requesting the new owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on July 17, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. City Council Minutes Monday, August 1 I, 2008 Page 16 of 18 3. That based upon said. records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to submit a rental license application and failure to schedule a rental license inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A}. ORDER OF COUNCIL I. The rental license belonging to the License Holder described herein and identified by license number U4148 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered. by the license held by License Holder. 3. All. tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2008-176 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Mohsen I. Dessouki (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4610-12 Fillmore Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained. herein was given to the License Holder on July 16, 2008 of an public hearing to be held on August 11, 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 May 2, 2008 inspectors for the City of Columbia Heights, inspected the property described above and noted eight violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on July 16, 2008 inspectors for the City of Columbia Heights, performed a final inspection at the property and noted seven violations remained uncorrected. A statement of cause was mailed via regular mail. to the owner at the address Listed on the rental housing license application. 3. That on July 31, 2008 inspectors for the City of Columbia Heights performed. a re-inspection and noted that five violations remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Shall repair the wood fence that is missing the wood slates, shall replace the broken window on the east side of the garage, shall install the proper piping on the hot water relief valve. The relief valve discharge must be extended to within 18 inches of the floor, shall repair the loose light fixture in the basement at the bottom of the stairway, shall have aprofessional/licensed electrician repair the electrical box in the basement. Shall ensure a electrical wiring is installed so that it meets code. Romex cable exposed, exposed bare wires. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article II1 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 F8981 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held. by License Holder. RESOLUTION 2008-177 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Abdi Jama (Hereinafter "License Holder"). City Council Minutes Monday, August 11, 2008 Page 17 of 18 Whereas, license holder is the legal owner of the real property located at 1236-38 Circle Terrace Blvd. N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on July 22, 2008 of an public hearing to be held on August 11, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on April 1 S, 2008 inspection. office staff sent a letter requesting the owner of the property to renew the rental license family exemption for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on May 31, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed and no family exemption paperwork had been submitted. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to submit rental license fees and an application, and failure to schedule a rental property inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number FE829SB is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2008-180 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Juan Roddy (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4SIS-17 Filhnore Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on July 22, 2008 of an public hearing to be held on August l 1, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on June 13, 2008 inspectors for the City of Columbia Heights, inspected the property described above and noted three violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on July 22, 2008 inspectors for the City of Columbia Heights, performed a final inspection at the property and noted three violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on July 30, 200$ inspectors for the City of Columbia Heights performed a re-inspection and noted that three violations remained. uncorrected. 4. That based. upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Shall repair all/any torn screens on the house, shall repair the garage door that was hit by a car, shall repair the front door glass that is broken. City Council Minutes Monday, August 11, ?008 Page 18 of 18 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA306 and SA.303(A). ORDER OF COUNCIL L The rental license belonging to the License Holder described herein and identified by license number F8574 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. Ail 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.