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HomeMy WebLinkAboutSeptember 22, 2008 RegularCITY OF COLUMBIA.. ~-IEIGHTS Mayor Gary L. Peterson 590 40t° Aveuue NE, Columbia Heights, MN 55421-3878 (763}706-3600 TDD (763j 706-3692 CounciGnembers Vtsitourwebsiteat: www.cieoetrirda-heients.n.us Robert A.ri'ilharits Brace Nawrocki Tammera Diehnt Bruce Kel_enberg City Manager Walter R. Fehsa The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, September 22, 2008 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only} 1. CALL TO ORDER/ROLL CALL/i1TTVOCATION Invocation by Lorraine Mell, Pastoral Minister, Immaculate Conception Church. 2. PLEDGE OF ALLEGL~I~TCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS AND GUESTS A. October 5, 2008 - "The Columbia Heights Jaycees Golden Anniversary Day. P4 B. Charter Commission -end of term recognition p6 C. Financial Planning Week -October 6 - 12, 2008. p7 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one mor_ion, Itemsrelnoved from consent agenda approval will be taken up as the next order of business.) A. Approve minutes of the September 8 2008 Columbia Hei htg s City Council meeting. p8 MOTION: Move to approve minutes of the September 8, 2008 Columbia Heights City Council meeting. B. Approve the minutes ofthe Primary Election Canvas held on Wednesday, September l0, 2008. p3z MOTION: Approve the minutes of the Primary Election Canvas held on Wednesday, September 10, 2008. C. Accept Board and Commission minutes. p34 MOTION: Move to accept the July 23, 2008 minutes of the Park and Recreation Commission meeting. D. Table Ordinance No 1558 being an Ordinance abolishing the Police and Fire Civit Service P- Commission. City Council Agenda Monday, September 22, 2008 Page 2 of 3 MOTION: ~ROVe to table Ordinance No. 1558, being an Ordinance abolishing the Police and >~ ire Civil Service Commission, to a future City Council meeting. E. Adopt Resolution 2008-213. being a Resolution accenting certain donations received by the City of Columbia Height$ p39 MOTION: Move to waive the reading of Resolution 2008-213 there being ample copies available to the public. MOTION: Move to adopt Resolution 2008-21.3 being a Resolution to accept certain donations received by the City of Columbia Heights. F, Approve final payment for Zone 1 B, 2 and 3A Seal Coat Pro,~ect #0801 p41 MOTION: Move to accept the work for 2008 Seal Coat, City Project #0801, and authorize final payment of $142,087.65 to Allied Blacktop Company of Maple Grove, Minnesota. G. Establishing amount of assessments to be levied p43 MOTION: Move to waive the reading of Resolution No. 2008-214, there being ample copies available for the public. MOTION: Move to adopt Resolution No. 2008-214, being a Resolution establishing amount of City share and amount of Special Assessments on Projects to be levied. H. Approve rental-housing license at 4610-12 Fillmore Street N.E. p4s MOTION: Move to issue arental-housing license to Moshen Dessouki to operate the rental property located at 461.0-12 Fillmore Street N.E. in that the provisions of the residential maintenance code are now in compliance. I. Approve arental-housing license at 543 Lomianki Lane N.E. p46 MOTION: Move to issue arental-housing license to Rob Machael to operate the rental property located at 543 Lomianki Lane N.E. in that the provisions ofthe residential maintenance code are now in compliance. J. Approval of the attached list of rental housing license applications. p4~ MOTION: Move to approve the items listed far rental housing license applications for September 22, 200, in that they have met the requirements of the Residential Maintenance Code. K. Approve Business License Applications p49 Motion: Move to approve the items as listed on the business license agenda for September 22, 2008 as presented. L. Approve payment of the bills. psi MOTION: Move to approve the payment of the bills out of the proper fund as listed in the attached register covering Check Number 127285 through Check Number 127458 in the amount of $1,364,759.08. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC IiEAI2IlyGS A. Adopt Resolutions 2008-215, 1815 42nd Avenue N.E., 2008-216, 1401-03 42-1/2 Avenue N.E., ps9 2008-217 4647 Polk Street N.E. 2008-218 4038 Madison Street N.E. 2008-219 4029-31 2nd City Council Agenda Monday, September 22, 2008 Page 3 of 3 Stree± N.E , 2008-220 1020 44th Avenue N E and 2008-223 4100 Reservoir Blvd. N.E. being Resolutions ofthe City Council of the City ofColumbia Hei hg is approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2008-215, 21.6, 217, 218, 219, 220, and 223 being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2008-215, 21.6, 217, 218, 219, 220, and 223 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. B. Adopt Resolutions 2008-225. 1200-02 Circle Terrace Blvd. N.E.. 2008-226, 962 42-1/2 Avenue N.E., and 2008-227, 4254 2nd Street N.E. being declarations of nuisance and abatement of p74 violations within the City ofColumbia Heights. MOTION: Move to close the public hearing and. to waive the reading of Resolutions Number 2008-225, 226, and 227 there being ample copies available to the public. MOTION: Move to adopt Resolutions Number 2008-225, 226, and 227 being resolutions of the City Council of the City ofColumbia Heights declaring the properties listed a nuisance and approving the abatement ofviolations from the property pursuant to City Code section 8.206. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. Other Business 8. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested. to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10. COUNCIL CORNER 11. ADJOURNIVIENT .- f ,. .,~ Walter R. Fehs ,City Ma ager W F/pvm COL IA HEIGHTS -CITY COUNCIL LETTER Meeting of: September 22, 2008 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Administration APPROVAL ITEM: Proclamation BY: Walt Fehst BY: ~~ Columbia Heights Jaycee 50 years DATE: September 15, 2008 ~~ DATE: NO: Background: County Commission Jim Kordiak has requested a Proclamation in support of the Columbia Heights Jaycees 50`h Anniversary on October 5, 2008. It is with pride that we acknowledge this milestone for the Jaycee organization. We congratulate the Jaycees and thank them for their support of our community during the past 50 years. COUNCIL ACTION: 4 DP't'CI~AI`.'IATI®N Congratulating the Columbia Heights Jaycees on their 50t~ Anniversary and declaring Sunday, October 5, 2008 as "Columbia Heights Jaycees Golden Anniversary Day" Whereas: the Columbia Heights Jaycees were chartered in 1958; and. Whereas: they have provided 50 years of service to the City of Columbia Heights and the residents of this community; and, Whereas: the organization has provided hundreds of beneficial projects to those of all ages in the community, while developing our future leaders; and, Whereas: the Jaycees have been very successful in graduating leaders in politics, government, civic affairs and business; and, Whereas: the Jaycees have played an important role in building and strengthening our community. Now therefore be it resolved that Sunday, October 5, 2008 be declared the Columbia Heights Jaycees Golden Anniversary Day. Be it further resolved that the Jaycees invite all citizens of Columbia Heights to join them in celebration of this important milestone on Sunday, October 5, 2008, at Murzyn Hall. NOVV, THEItEFCiItE, I, Gary L. Peterson, Mayor of the City of Columbia Heights do hereby proclaim Monday, October 5, 2008 as "The Columbia Heights Jaycees Golden Anniversary Day" Mayor Gary L. Peterson JOSEPH S~UDEVAN~ FOR HIS YEARS OF SERVICE ON SHE COLUMBIA HEIGHTS CHARGER COMl~~ISSION 2®00 -2®®S GARS' L. ~~~~RSON~ l~IA1 OR 6 ~;I~ Y O~ COLI~i~/IBI~ g~IG~I~ A , FINANCIAL PLANI~TING V'VEEK OCTOBER 6 -12, 2008 WHEREAS, the financial planning process allows individuals to achieve their dreams by empowering them to identify and manage realistic financial goals and negotiate the financial barriers that arise at every stage of life; and WHEREAS, everyone can benefit from knowing about the value of financial planning and where to turn for objective financial advice; and WHEREAS, the Financial Planning Association is the membership organization for the financial planning community, representing 28,500 members dedicated to supporting the financial. planning process as a way to help individuals achieve their goals and dreams; and WHEREAS, the Financial Planning Association believes that everyone is entitled to objective advice from a competent, ethical financial planner to make smart financial decisions; and WHEREAS, the Financial Planning Association is dedicated to helping individuals discover the value of financial planning; 1`ll'li~V 'THEREFORE, I, Mayor Peterson, by virtue of the authority vested in me as Mayor of the City of Columbia I~eights, do hereby proclaim October 6-12, 2008 as Financial Planning Week in Columbia Heights. Mayor Gary L. Peterson OFFICIAL PROCEEDINGS CITY OF COLUMBIA IiEIGHTS CITY COUNCIL MEETING i:00 PM September 8, 2008 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, September 8, 2008, in the City Council Chambers, City HaII, 590 40`" Avenue N.E., Columbia Heights, Minnesota. All ONdinanees and Nesolutions acted upon this evening may be found at the end of this document. CALL TO ORDER/ROLL CALL/ITTVOCATION/APPOINT SECRETARY PRO-TEM The meeting was called to order by Mayor Gary Peterson at 7:04 p.m. MOTION by Councilmember Diehm, seconded by Councilmember Nawrocki to appoint Carole Blowers as Secretary Pro-Tem for the September 8, 2008, City Council meeting. Motion passed unanimously. RoII call: Present: Diehm, Nawrocki, Peterson, Williams Absent and excused: Kelzenberg The invocation was given by Pastor Bill Hugo from St. Matthew Lutheran Church. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA Resolution 2008-202 and 2008-205 (which were part of Item 6B} were removed from the agenda. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS AND GUESTS A. Proclamation -Constitution Week Mayor Peterson read the proclamation whereas September 17, 2008, marks the 2215` anniversary of the drafting of the US Constitution, and the week of September 17-23 is proclaimed as Constitution Week. CONSENT AGENDA City Manager Walt Fehst reviewed the consent agenda items. A. Adopt Resolution No 2008-21 1 being a Resolution regarding the funding of the Fridley Northstar Commuter Rail Station (removed from consent) B. Approve minutes of the August 25 2008 Columbia Heights City Council meeting MOTION to approve the minutes of the August 25, 2008 City Council meeting. C. Accept minutes of the Columbia Heights Boards and Commissions MOTION to accept the minutes of the August 6, 2008 Library Board meeting. MOTION to accept the minutes of the June 16, 2008 EDA meeting. MOTION to accept the minutes of the July 28, 2008 EDA meeting. MOTION to accept the minutes of the August 11, 2008 EDA meeting. MOTION to accept the minutes of the September 3, 2008 Planning and Zoning Commission meeting. CPty Council Agenda Monday, September 08, 2008 Page 2 of 24 De Approve the transfer of funds from the General Fund to the Police Department Budget to reimburse the Overtime fund MOTION to transfer $2130 received from Anoka County for partial reimbursement of costs associated with Detox Transports from. the General Fund to the Police Department 2008 Budget under line item 1020, Police Overtime. E. Adopt Resolution 2008-181 accepting bids and awarding_contract for University_Service Drive (removed from consent) F. Approve the Planning Development Contract for Grand Central Commons (removed from consent} G. Adopt Resolution 2008-207, being a Resolution setting the City Mana e~ is spending authoritX for the construction of a Public Safety Building_(removed from consent) A. Approve Ordinance 1535, relating to General Provision Definitions, to clarify the positions of City Clerk and City Treasurer (removed from consent) L Adopt Resolution 2008-198, being a Resolution establishing Property Maintenance Inspection Fees (removed from consent) J. 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 September 8, 2008. K. Business License Applications for Solicitor's Licenses (removed from consent) L. Approve Business License Applications MOTION to approve the items as listed on the business license agenda for September 8, 2008 as presented. M. 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 127132 through Check Number 127284 in the amount of $1,545,816.62. MOTION by Councilmember Williams, seconded by Councilmember Diehm, to approve the Consent Agenda items with the exception of those noted as removed from consent. Motion passed unanimously. Discussion on items removed from the consent agenda: Admit Resolution No. 2008-211, being a Resolution re a~d!ng the fundinP of the Fridle~Northstar Commuter Rail Station Councilmember Nawrocki asked that this item be removed from consent. After some discussion, MOTION by Councilmember Nawrocki, seconded by Councilmember Diehm, to adopt Resolution No. City Council Agenda Monday, September 08, ?008 Page 3 of 24 2008-211., being a Resolution regarding the funding of the Fridley Northstar Cammuter Rail Station. Motion passed unanimously, Adopt Resolution 2008-181 accepting bids and awarding contract for University Service Drive Councilmember Nawrocki stated he asked to have this item removed from consent because not only does this resolution accept bids and award a contract for the University Service Drive project, but other items as well, such as installation of a turn lane on the south side of 50`" Avenue at Central and milling/overlay of 5'" Street from 40`" to Huset Parkway and Jefferson from 37t" Avenue to Lomianki Lane. Kevin Hansen, Public Works Director, responded to these questions. MOTION by Councilmember Diehm, seconded by Councilmember Williams, to waive the reading of Resolution No. 2008-181, there being ample copies available to the public. Motion passed unanimously. MOTION by Councilmember Diehm, seconded by Councilmember Williams, to adopt Resolution No. 2008-I81, being a resolution accepting bids and awarding the 2008 Street Improvement projects including Alternate 1 for unit priced residential driveway construction, and Alternate 2 for a fence line concrete maintenance strip, Project No. 0602 to Midwest Asphalt in the amount of $952,359.84, based upon their low, qualified responsible bid; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the sale. Motion passed unanimously. Approve the Planning Development Contract for Grand Central Commons Councilmember Nawrocki had several questions about the funding and other items regarding Grand Central Commons. Scott Clark, Community Development Director, stated that there are two different sources of funds for Grand Central Commons, and explained in detail other questions Councilmember Nawrocki had. MOTION by Councilmember Diehm, seconded by Councilmember Williams, to approve the Development Contract between the City of Columbia Heights and Ehtesham Khoyratty for Grand Central Commons. Motion passed unanimously. Adopt Resolution 2008-197, beinP a Resolution setting the Cites eg r,_ 's spending authority for the construction of a Public Safety Building Councilmember Nawrocki stated that the City Manager already has this power from the City Charter. Bill Elrite, Finance Director, stated that the Construction Manager for the Public Safety Building project is concerned that vendor contracts and purchases be approved on a timely basis and recommends that the City Manager be granted full authority to approve contracts and purchases for this project so the items are not held up for formal City Council approval. All contracts and purchased approved or signed by the City Manager will be reported to the City Council at a subsequent City Council meeting. This resolution does not go beyond the power of state statutes, the state purchasing contract, the City Charter, and. the scope of the budget for the public safety building. The City Attorney has verified that the resolution meets the legal requirements. Additionally, the Finance Director stated the City Manager did not have this authority with the two liquor stores. As the Public Safety building is a much larger project, it is important to make this process most expeditious and smooth. 10 City Council Agenda Monday, September O8, 2008 Page 4 of 24 Motion by Councilmember Nawrocki to table this item until such time that the council has a detailed budget for the balance of this project, Motion died far lack of a second. MOTION by Councilmember Diehm, seconded by Councilmember Williams to waive the reading of Resolution 2008-197, there being ample copies available to the public. Motion passed unanimously. MOTION by Councilmember Diehm, seconded. by Councilmember Williams to adopt Resolution 2008-197 being a Resolution setting the City Manager's spending authority for the construction of the public safety building. Roll vote: Ayes: Williams, Diehm, Peterson; Nayes: Nawrocki. Ayes: 3, Nayes: 1 Motion passed. Third Reading of Ordinance 1535, relating to General Provision Definitions, to clarifypositions of City Clerk and City Treasurer Councilmember Nawrocki stated that in the City Charter, Chapter 3, Section 25, it states: "The council shad choose a secretary and such other officers and employees as may be necessary to serve at its meetings. The secretary shall be known as the secretary of the council, and shall keep such records and perform such other duties as may be required by this charter or by vote of the council. The council may designate any official or employee of the city, except the city manager or a member of the council, to act as secretary of the council." He stated that the proposed ordinance here tonight conflicts with the City Charter. The City Clerk-Treasurer is currently a combined position in our City Code, and it should be modified to reflect the position definition for specific duties. MOTION by Councilmember Diehm, seconded by Councilmember Williams, to waive the reading of Ordinance No. 1535, there being ample copies available to the public. Motion passed unanimously. MOTION by Councilmember Williams, seconded by Councilmember Diehm, to adapt Ordinance 1535, being an Ordinance amending Ordinance No. 1490 City Code of 2005 relating to General Provision Definitions, to clarify the positions of City Clerk and City Treasurer. Roll call vote: Ayes: Williams, Diehm, Peterson; Nayes: Nawrocki. Ayes: 3 Nayes: 1 Motion passed. Adopt Resolution 2008-1.98 being a Resolution establishing Property Maintenance Inspection Fees Councilmember Nawrocki stated he asked to have this item removed from the consent items, as he feels this is aself-serving fee which is an additional fee to an existing one. He questioned why would we send another inspector around when we already have one that does inspections. City Manager Fehst explained with this resolution, residents would be paying for the services that they need; not everyone paying far the service used by some. Scott Clark, Community Development Director, addressed the issue of the fees, and stated that we would not have two inspectors. Resolution 2008-198 establishes a new rental housing fee, for the initial Building Official inspection of $160, in addition to the rental fee structure as established in our Resolution 2008-86. He citied other cities such as Brooklyn Park and Minneapolis, whose fees are much more expensive. Electrical service safety is becoming a big issue. We are looking for safety and liveability in our city. Councilmember Nawrocki stated that are 30% of our housing in rental units now, who really will benefit from this resolution? He thought any potential tenant. 11 City Council Agenda Monday, September 08, 2008 Page 5 of 24 .Tim Hoeft talked about standards in regard to the state building code and our own ordinances/resolutions. MOTION by Councilmember Diehm, seconded by Councilmember Williams, to waive the reading of Resolution 2008-198, there being ample copies available to the public. Motion passed unanimously. MOTION by Councilmember Diehm, seconded by Councilmember Williams, to adopt Resolution 2008- 198, being a Resolution establishing Property Maintenance Inspection Fees as authorized by Chapter SA of Crty Code 2005. Roll call vote: Ayes: Williams, Diehm, Peterson. Abstained: Nawrocki. Ayes: 3 Nayes: 0 Abstained: 1 Motion passed. Business License Applications for Solicitor's Licenses City Manager Fehst asked to have this item pulled from the consent agenda. Included on the list of business 1rcense applications for tonight is an application for three solicitor's licenses for employees of the Window Store LLC. Mr. John Norton, from Minneapolis, was present to address his request for a solicitor's license. Mr. Norton discussed his charges of fraud (from a trust account), dates involved, probation completed, etc. Mr. Norton stated he is licensed in other communities like Fridley and Robbinsdale and others. He stated he does not handle any money in this situation; he only makes appointments. City Attorney Jim Hoeft stated that for felonies, there is no fixed criteria for granting the business licenses. The city council either says yes or no in these situations. Councilmember Diehm stated that the council needs to act consistently, and establish guidelines to treat all applicants fairly. A person from the audience spoke in support of Mr. Norton, since he came in person to discuss the situation with the city council. Police Chief Scott Nadeau advised that based on the background check uncovering the federal conviction for fraud on Mr. Norton, he would not recommend approving this solicitor license. He also stated that based on the background check on Mr. Herrick, who had prior criminal convictions (assault and narcotics), he would not recommend approving this solicitor license either. Councilmember Williams stated he has to listen to what the Police Chief thinks. Councilmember Nawrocki and Diehm asked if they could give Mr. Norton another chance. Maybe different guidelines for this type of thing should be developed. Perhaps Mr. Morton could gather letters from other cities were he is licensed, and his request could be reconsidered at a later date. MOTION by Councilmember Diehm, seconded by Councilmember Nawrocki, to approve the license for Mr. Mark Chasin and to deny the licenses for Mr. Matthew Herrick and Mr. John Norton as recommended by the Police Chief. Roll call vote: Ayes: Williams, Diehm, Peterson. Abstained: Nawrocki. Ayes: 3 Nayes: 0 Abstained: 1 Motion passed. PUBLIC HEARINGS Adopt Resolutions 2008-199 5045 Johnson Street N.E., and 2008-200.4631-4633 Pierce Street N.E. being declarations of nuisance and abatement of violations within the City of Columbia Heights. 12 City Council Agenda Monday, September 08, 2008 Page 6 of 24 Fire Chief Gary Gorman reviewed the violations of the above properties. Barb Johnson, 4626 Pierce St, asked if the purchase agreement went through for 4631-33 Pierce Street. City Manager Fehst responded yes. There was discussion on a safe house or public safety use in this location, so there would be a police and fire presence in the neighborhood and Scott Clark, Community Development Director, reiterated that idea as a possibility. Councilmember Nawrocki stated that we should scratch that idea. MOTION by Councilmember Diehm, seconded by Councilmember Williams, to close the public hearing and to waive the reading of Resolution Number 2008-199, and 2008-200, there being ample copies available to the public. Motion passed unanimously. MOTION by Councilmember Diehm, seconded by Councilmember Williams, to adopt Resolution Number 2008-199 and 2008-200, 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. Motion passed unanimously. Adopt Resolutions 2008-201, 4612 Polk Street N.E., 2008-203, 679-681 46th Avenue N.E., and. being Resolutions approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes Fire Chief Gary Gorman reviewed the reasons for approving the revocation of the rental licenses of the above properties at 4612 Polk Street N.E. and 679-681 46`" Avenue N.E. MOTION by Councilmember Nawrocki, seconded by Councilmember Williams, to close the public hearing and to waive the reading of Resolution Numbers 2008-201 and 2008-203, being ample copies available to the public. Motion passed unanimously. MOTION by Councilmember Nawrocki, seconded by Councilmember Williams, to adopt Resolution Numbers 2008-201. and 2008-203, 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. Motion passed unanimously. Adopt Resolution No. 2008-207, approval of a ConditionaP Use Permit far an assisted livin fg acilit. adopt Resolution No. 2008-208, parking setback variance for 3801 Hart Boulevard Jeff Sargent, City Planner, spoke on the item-the approval of a conditional use permit for New Perspectives at 3801 Hart Boulevard. He explained that the former developer, Comforts of Home, scrapped the project for financial reasons. The underground parking area, foundation, and elevator shaft was built under the original Comforts of Horne plan. The proposal from New Perspectives is to complete construction of the project and take over all management responsibilities once the building is complete. They would like to add a second story with 24 more units to the original Comforts of Home plan. These units would be located on the same building footprint as the proposed Montessori School, with the Montessori School not being a part of the proposed plan. Therefore, New Perspectives is asking for two approvals at 3801. Hart Boulevard. One is a Conditional Use Permit for a senior assisted living facility in the R-3, Multiple Family Residential District per Code Section 9.109 (G)(3)(i), and a 19 foot front yard parking setback in the R-3 District per Code Section 9.109C. 13 City Council Agenda Monday, September 08, 2008 Page 7 of 24 Donna Schmitt, 4260 Tyler Street N.E., spoke about the ordinance passed in June and questioned since the original contract with Comforts of Hame is null and void, how could this be grandfathered in. Councilmember Nawrocki referred to the Planning and Zoning Commission minutes of June 3, 2008, regarding this CUP and parking setback variance request. Questions were asked about the effects and restrictions of the Shoreline District Ordinance on the project due to Hart Lake being 1000 feet across the street from this development. The Shoreland District Ordinance requires that no more than 3S% of the property can be covered with hard surface materials. Councilmember Nawrocki asked Mr. Sargent to estimate the amount of coverage that the New Perspectives project would have (approximately SO%}. City Attorney, Jim Hoeft, stated that the project is grandfathered in because the approvals for the use of the land and the CUP and variances were approved prior to the effectiveness of the Shoreland District. The reason New Perspectives needed a new CUP and variance was to ensure that their company was associated with the project and not Comforts of Home. MOTION by Councilmember Williams, seconded by Councilmember Diehm, to waive the reading of Resolution 2008-207, there being ample copies available to the public. Motion passed unanimously. MOTION by Councilmember Williams, seconded by Councilmember Diehm, to adopt Resolution No. 2008-207, approving a Conditional Use Permit for an assisted senior living facility located at 3801 Hart Blvd., subject to the conditions outlined in Resolution No. 2008-207. Motion passed unanimously. MOTION by Councilmember Diehm, seconded. by Councilmember Williams, to waive the reading of. Resolution 2008-208, there being ample copies available to the public. Motion passed unanimously. MOTION by Councilmember Williams, seconded by Councilmember Diehm, to adopt Resolution No. 2008-208, approving a 19-foot front yard setback variance for hard surface parking for the New Perspectives parking lot. Motion passed unanimously. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions Adopt Emergency Ordinance I SS7, repealing Ordinance 1546. the Interim Ordinance establishing a Moratorium on the issuance of Residential Rental Occupancy Licenses Scott Clark, Community Development Director, stated that on May 12, 2008, the City Council placed a moratorium on the issuance of residential occupancy licenses on properties not licensed since January 1 of 2006. Staff has been studying the city's overall housing market, focusing on rental properties and foreclosures. At the August 26, 2008, council meeting, various recommendations were presented to the city council and staff was directed to go forward on a number of issues. Staff has recommended initial inspections on all new and/or transferred rental licenses be done by the Building Official (to determine structural/habitability issues). An abandoned/vacated property ordinance is being worked on, and he stated that in early October, that ordinance will be presented to the city council which will have five or six criteria for shut offs, maintenance issues, etc. Emergency Ordinance No. 1 SS7 presented tonight would repeal Ordinance 1.546, which established the moratoriwn on the issuing of residential rental licenses. There are currently 30 known properties that are waiting for rental license approval. 14 City Council Agenda Monday, September 08, 2008 Page 8 of 24 MOTION by Williams, seconded by Nawrocki to waive the reading of Ordinance No. 1557, there being an ample amount of copies available to the public. Motion passed unanimously. MOTION by Williams, seconded by Nawrocki, to adopt Emergency Ordinance No. 1.557, repealing Ordinance 1546, "An Interim Ordinance establishing a Moratorium on the issuance of Residential Rental Licenses, per City Ordinance Section SA.401, on properties not licensed. since January 1, 2006. Motion passed unanimously. Adopt Resolution 2008-210 adoptin a Propased Budget for the Year 2009, Setting the Proposed City Lever Approving the HRA Levy, Approving a Tax Rate Increase and Establishin a Budget Hearing Date for Property Taxes Payable in 2009. MOTION by Councilmember Diehm, seconded by Councilmember Williams, to waive the reading of Resolution 2008-210, there being ample copies available far the public. Motion. passed unanimously. Lengthy discussion ensued. City Manager Fehst explained that the budget recommendations were discussed at the September 2, 2008, work session. The suggested 2009 proposed budget is $32,662,124 (which is a 2.96% increase from last year). The levy for general operating expenses, including retaining the 27`" Police Officer and adding a Crime Prevention Specialist amounts to an increase of $286,582, or a total levy increase of 4.14%. The City Manager stated that discussions were held on levying $75,000 for utilities and maintenance for the new gymnasium and $50,000 for the new Public Safety building. If these amounts are added to the levy, the total increase would be $411.,582 or 5.95%. Another item discussed was the sale of a bond for Murzyn Hall improvements, increasing the total levy for 2009 to 7.3% Debt service for the Public Safety building was also discussed. The levy for these bonds was approved at the time the bonds were sold. City Manager Fehst stated that once the budget has been voted on, it cannot increase, but it can decrease. The $7,328,447 proposed General, Library, and EDA levy does not include debt levy. Councilmember Nawrocki discussed fund balances, utility rates increases, and elimination of the half time salary for faririer employee Jean Kuehn in Administration. He again stated the council needs to prioritise where the city is spending money. He also stated that he thought the expenses for the gym would only be for nine months, and for the Public Safety building-four months. We have 75 different funds. We need to think ahead to the future and higher costs. We have uncommitted. reserves. He stressed we need to prioritize our expenses. Mayor Peterson stated he would like to reduce the total budget by 3%. He also stated he would like a budget work session dedicated on how to achieve that reduction. Councilmember Nawrocki did not feel comfortable voting on Resolution 2008-210 (as presented) if we reduce the total budget by 3%, and questioned what funds would be cut, since we are setting three different levies with specific amounts. He made a motion to amend the Murzyn Hall debt levy by $93,640. Due to the lack of a second to the motion, the motion died. He then made the motion that the $467,567 HRA levy be reduced by $71,000. Due to the lack of a second to the motion, the motion died.. Councilmember Diehm stated that one our external goals is to protect our investrnents and our community. 75 City Council Agenda Monday, September 08, 2008 Page 9 of 24 Mayor Peterson asked for comments from the public. Bob Odden, 42 '/z Avenue N.E., spoke on the issue of owning a house (vs. renting one}. He stated the city should be preparing for a recession. People here in the Heights are preparing for a recession. Regarding the Police Department wanting more people-is this the tirne? He felt the council was not concerned about the budget when voting for all these new buildings we recently built and plan to build. City Attorney Jim Hoeft advised councilmembers to think about what they want to accomplish, including a 3% reduction. Councilmember Diehm stated that we can vote to take 3% off the total budget and decide later what levies would be reduced and by how much. The City Attorney and Finance Director discussed an amendment to the motion presented to the city council tonight. MOTION by Councilmember Diehm, seconded by Councilmember Williams, to amend the original motion and to adopt Resolution 2008-21.0 being a resolution adopting a proposed budget, setting the General, Library, and EDA proposed levy at $7,328,477, establishing a budget hearing date for property taxes payable in 2009 for December L, 2008 at 7:00 p.m. in the City Council Chambers, and approving the HRA levy of $267,561, and adding the following paragraph on page 2 of the resolution to read: "Be it further resolved that the overall levy, including the general. fund, library, EDA, Public Safety Building, and Murzyn Hall debt be reduced by $208,000." Roll call vote: Ayes: Williams, Diehm, Peterson. Nayes: Nawrocki Ayes: 3 Nayes: 1 Motion passed. First Reading of Ordinance 1558, Re~ardina Abolishint? Police & Fire Civil Service Commission City Manager Fehst stated that the city has lost some of our best candidates due to the long timetable that must be followed per the Civil Service rules. We just hired our 26t" officer hired last month. Police Chief, Scott Nadeau, stated this has been discussed at a couple of work session meetings, and. a presentation was made to the Charter Commission in July of 2008. He noted that it has taken six months ar a little less to hire an officer here. Good candidates have been lost because of the length of time it has been taking. Harold Netkow, President of the Police/Fire Civil Service Commission, was present and reiterated what the City Manager and Police Chief have had to say as far as reasons for abolishing the commission. He stated that this issue has been discussed marry times before. Current Police/Fire Civil Service Commission members Netkow and Briley are in favor of abolishing the Police and Fire Commission. There are now only two members instead of three on the commission. He stated that former Police Chief Johnson and Acting Police Chief Roddy were very frustrated with the long process. Gary Gorman, Scott Nadeau, and many officers and fire positions were hired while he served on this commission, so he has seen the process first hand. He definitely feels the time has come to abolish the commission. Anoka County abolished theirs in 1988. Dan O'Brien, Fire Captain, spoke. Before this happens, he would like management to speak with the IAFF union. So far, no one has spoken with them, and some issues have not been addressed, like how are things going to be covered without the commission in place. Firefighters knew this item was being discussed in the past few months, but he didn't know the first reading was going to be tonight until 4 p.m. today. He requested that a meeting be held with the union members and management. Councilmember Nawrocki stated that discussion has been held on how this would affect the Police Department, but not how it would. affect the Fire Department. City Manager Fehst stated that there would lti City Council Agenda Monday, September 08, 2008 Page I O of 24 be no problem in meeting with the Firefighters' Union and management before the scheduled date for the second reading of this ordinance (September 22, 2008). MOTION by Councilmember Diehm, seconded by Councilmember Williams, to waive the reading of Ordinance 1558, Being an Ordinance Amending Ordinance No. 1490, City Code of 2005, Regarding Abolishing the Police and Fire Civil Service Commission. Motion passed unanimously. MOTION by Councilmember Diehm, seconded by Councilmember Williams, to establish the second reading of Ordinance 1558, Amending Ordinance No. 1490, City Code of 2005, Regarding Abolishing the Police and Fire Civil Service Commission for September 22, 2008, (after discussion with the Firefighters Union) at approximately 7:00 p.m. in the City of Columbia Heights Council Chambers. Bid Considerations -None Other Basiness -None ADMINISTRATIVE REPORTS Report of the City Manager: City Manager Fehst stated that work on the new Public Safety Building is progressing. He urged citizens to drive by and see what is going on. He stated he is happy with Doc Smith, from EDS, who is the Construction Manager for this construction. Report of the City Attorney: Nothing to report. CITIZENS FORUM Harold Netkow, 1160 49`" Avenue N.E., stated he knew Taco Bell had approached the city before. He is happy to see new construction on that site happening now. Regarding the 3?`h Avenue and Central Avenue development, he asked about semi trucks using the alley for Loading and unloading, making it difficult far homeowners to get around. 3oanne Student, 1615 49t" Avenue N.E., spoke on numeraus items including council decorum (i.e., time limit for open mike, introducing council candidacies d>>ring open mike, profanities, abstaining only when it affects a councilmember's pocketbook), Comcast and PEG fees, the county's investment in the city hall building, Murzyn Hall, community gardens, a business community organization, and term limits for city boards/commissions. She thought the Residential Inspection Before Sale (RIBS) ordinance recently considered and voted down by the city council should be brought back after further thought and better drafting. She also commented on and questioned the reasoning behind the city council's recent vote and possible lack of research on the Columbia Heights Mall issue. Homecoming is Friday night with fireworks and the Hall of Fame award. Donna Schmitt, 4260 Tyler Street N.E., commented that adding more police officers addresses the issue of safety and complimented the Police Chief on the great job the task force has been doing this summer. She touched on the love-hate relationship with rentals. The bottom line is taxes are higher on rentals than owner-occupied homes. i7 City Council Agenda Monday, September 08, 2008 Page 11 of 24 Councilmember I~Iawrocki mentioned that there is a Grand Central Lofts meeting tomorrow night (Tuesday night-primary election night). He stated. that the city gets a 5% PEG fee from Comcast. It's a license to steal, according to him. At Jackson Street, near the Public Safety Building site, now there is no way to get out legally. He asked if there might be any federal grants available for the NE Bank building. A speed bump question on Stinson should 6e referred to the Traffic Commission. He again stressed the need for the council to prioritize the needs of the city. ADJOURl~11VIENT The meeting ended at 11:00 p.m. Carole J, Blowers Secretary Pro Tem 'I $ City Council Agenda Monday, September 08, 2008 Page 12 of 24 RESOLUTION N0.2008-211 A RESOLUTION REGARDING THE FUNDING OF THE FRH)LEY NORTHSTAR COMMUTER RAIL STATION WHEREAS, the Northstar Commuter Rail Development Authority (NCDA) is a multi jurisdictional joint powers entity empowered to study multi-modal transportation systems in Hennepin, Anoka, Benton, and Sherburne Counties; and WHEREAS, the NCDA is constructing a multi-phased 80 mile commuter rail system extending from St. Cloud to downtown Minneapolis in conjunction with other transportation system improvements; and WHEREAS, the Northstar commuter rail system will utilize the existing tracks of the BNSF railroad in our neighboring City of Fridley; and WHEREAS, construction of a commuter rail station in Fridley would be beneficial to those working and residing in the City of Columbia Heights; and WHEREAS, the Anoka County Regional Rail Authority is requesting $10.6M in Counties Transit Improvement Board (CTIB) grant funding to be awarded in November 2008 for completion of the Fridley Station; and WHERREAS, obtaining the CTIB grant funding will allow the construction of the Fridley Station in time to open with the rest of the line in November 2009. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia FIeights requests that the Counties Transit Improvement Board provide the grant funding requested for completion of the Fridley Station. RESOLUTION NO. 2008-181 RESOLUTION ACCEPTING BH)S AND AWARDING CONTRACT FOR THE UNIVERSITY SERVICE DRIVE, CITY PROJECT NO. 0602, 0802, AND 0808 TO MIDWEST ASPHALT CORPORATION WHEREAS, pursuant to an advertisement for bids for City Project No. 0602 and 0802, and 0808 Street Improvement project, seven bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Midwest Asphalt Corp. Thomas and Sons Construction, lnc. North Valley, Inc. Hardrives, Inc. Arnt Construction Co., Inc. Landivehr Construction, Inc. Forest Lake Contracting, Inc. * denotes corrected biol. Base Bid Alt i Alt 2 Base Bid with Alt 2 $937,401.84 $4,961.90 $14,958.00 $952.359.84 $983,897.37 $4,679.00 $15,415.95 $999,313.32 $1,053,874.68* $6,550.00 $39,129.00 $1.093,003.68* $1,060,787.49* $4,384.00 $14,418.75 $1,075,206.24* $1,063,510.82* $4,860.00 $13,616.04 $1,077,126.86* $1,066,420.96 $6,050.00 $18,011.00 $1,084,431.96 $1,121,540.34* $5,060.00 $21,064.00 $1,142,604.34* WHEREAS, it appears that Midwest Asphalt Corporation, 5929 Baker Rd, Suite 420, Minnetonka, MN 55345 is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: The Mayor and Clerk are hereby authorized and directed to enter into a contract with Midwest Asphalt Corporation, in the name of the City of Columbia heights, for the 2008 Street Improvement Project, City Project No. 0602, 0802 and 0808 according to plans and specifications therefore approved by the Council. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. City Project 0602, 0802. and 0808 shall be funded with State Aid Construction Funds, General Funds (Infrastructure and Assessments}, Water Construction, and Storm Water Utility Construction Funds. i9 City Council Agenda Monday, September 08, 2008 Page 13 of 24 RESOLUTION N0.200ii-197 RESOLUTION SETTING THE CITY MANAGER'S SPENDING AUTHORITY FOR THE CONSTRUCTION OF THE PUBLIC SAFETY BUILDING WHEREAS, the City Council by resolution has previously established purchase and contract spending amounts for the City Manager: and WHEREAS, the City Council has approved the construction of a public safety building; and WHEREAS, the City Council has established a specific budget and timeline for the construction of the public safety building; and WHEREAS, construction of'the building on a timely and efficient basis requires timely approval of contracts and purchases; NOW, THEREFORE, BE IT RESOLVED by the City of Columbia Heights City Council that the City Manager of Columbia Heights is awarded full spending authority for all purchases and contracts related to the construction of the public safety building. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City of Columbia FIeights City Council that all expenditures for the public safety building be in compliance with Minnesota state purchasing statutes, the Columbia Heights City Charter, and within the general scope of the budget established for the public safety building. ORDINANCE NO. 1535 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490. CITY CODE OF 2005 RELATING TO GENERAL PROVISION DEFINITIONS The City of Columbia Heights does ordain: Chapter I through Chapter I 1 of the Columbia Heights City Code, is hereby amended to read: § 1.105 DEFINITIONS. For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning. This definition shalt apply to all sections of the City Code that reference City Clerk-Treasurer. TREASURER. The Columbia. Heights Finance Director. CITE CLERK. The Columbia Heights City Clerk. CLERK. The Columbia FIeights Licensing Clerk § 1.119 COPIES OF CODE. Copies of this code shall be kept in the office of the City Clerk for public inspection and sale for a reasonable charge. § 2.201 INDEX OF ORDINANCES. An index of all ordinances hereafter adopted by the Council shall b e maintained by the City Clerk. The index shall include the ordinance number, whether the ordinance is general or special and where applicable, the provision of this code that is modified, deleted or added to by said ordinances. § 3.204 Finance Department (A) The Finance Director also serves as the Treasurer. The Finance Department shall keep records and accounts of all money received or expended on behalf of the city, indicating the source and disposition thereof, and he shall ensure that all monies belonging to the city are properly deposited in the designated depository bank. (B) (1 } The Finance Department shall be the custodian of all documents and records assessable to the public and shall maintain an appropriate system of indexing and storing said documents and records. (2) The Finance Department shall seal and attest all contracts, licenses, permits, and such other documents of the city as require this formality. (3) The Finance Department shall perform such other duties and functions as may be required by law, by enactment of the Council, or as may be designated by the Manager. 1U City Council Agenda Monday, September 08, ?008 Page 14 of 24 (4} The Finance Department shall maintain financial records in accordance with the Governmental Accounting Standards Board. (C} The Finance Department shall give bond to the city as may be required by the Charter, and provided by the Council. (D} Municipal liquor stare operations as authorized by §4.501 shall be administered under the Finance Department by a liquor operations manager. § 3.208 City Clerk (A) The City Clerk shall be the custodian of all documents and records assessable to the public and shall maintain an appropriate system of indexing and storing said documents and records. (B} The City Clerk shall seal and attest all contracts, licenses, permits, and such other documents of the city as require this formality. (C) The City Clerk shall administer and process all applications for municipal offrce, and shall perform all duties required by law relating to the conduct of elections in the city. (D} The City Clerk shalt serve as the secretary of the city council. § 3.301 PARK AND RECREATION COMMISSION. (C) The Park and Recreation Commission shall have the power to make expenditures from funds so authorized and budgeted by the Council and approved by the City Manager; provided, however, that no single expenditure shall be made in an amount in excess of that authorized by City Charter. (1) All monies received by the Park and Recreation Commission or its representatives in the course of administering any properties or programs under its jurisdiction shall be turned over to the Treasurer at intervals of not greater than once each week for placement in the appropriate fund. No monies placed in said fund shall be transferred to any other fund unless authorized by a resolution of the Council and passed by four-fit}hs vote of said Council. § 3.303 MERIT BOARD. (B) The Merit Board shall be composed of five members from among residents of the city. (1) Members of the Board shall serve for a term of four years, to be staggered so that each year one of the members shall be newly appointed. (?} Each Board member shall subscribe to and file with the City Clerk an oath For the faithful discharge of his duties. § 4.103 ASSESSMENTS PROCEDURE. (A) The Council shall determine by resolution the amount of total expense the municipality will pay, other than any amounts as a property owner, and the amount to be specially assessed. (1) The amount to be assessed against every assessable lot, piece or parcel of land shall then be calculated in accordance with the provisions of M.S. ~ 429.051, as it may be amended from time to time. (2) The proposed assessment roll shall be filed with the Treasurer and made available far public inspection. § 4.104 MIDBLOCK LIGHTING. (B) The Treasurer shall establish a separate improvement fund for the administration of midblock lighting and alley lighting charges. On or before July 1 of each year, the Treasurer shall bill each property owner of each affected lot or parcel. for their portion of the charges authorized hereunder plus the reasonable cost of administering the billings and collection procedures. (1) Such bills shall be proportioned between the benetitted parcels on the basis of the percentage of street frontage each parcel bears to the total frontage to be billed in the instance of midblock lighting. (2) In the instance of alley lighting, each parcel shall be billed on the basis of the proportion of alley frontage each parcel bears to the total frontage to be billed. (C) The Treasurer shall list the total unpaid charges against each separate lot or parcel to which such charges are attributable on or before November 1 of each year, for Council action pursuant to the provisions of this chapter. § 4.105 TREE REMOVAL. (B) The Treasurer shall establish a separate improvement fund f'or the administration of tree abatement service charges. The costs for diseased tree abatement services shall be certified monthly by the Forester to the Treasurer for billing, including a statement describing the land, lots, or parcels involved and the amount chargeable to each. (C} On or before October 1 of each year, the Treasurer shall bill each property owner of each affected lot or parcel for their portion of the charges authorized hereunder plus the reasonable cost of administering the billings and collection procedures. 21 City Council Agenda Monday, September 08, 2008 Page 15 of 24 (D) The Treasurer shall. list the total unpaid charges for each abatement against each separate lot or parcel on or before September I of each year, for Council action pursuant to the provisions of this chapter. § 4.106 WEED REMOVAL. (B} The Treasurer shall establish a separate improvement fund for the administration of weed eradication and control service charges. The costs for weed eradication and control services shall be certified monthly by the Forester to the Treasurer for billing, including a statement describing the land, lots, or parcels involved and the amount chargeable to each. (C} On or betbre October 1 of each year, the Treasurer shall bill. each property owner ofeach affected lot ar parcel for their portion of the charges authorized hereunder plus the reasonable cost of administering the billings and collection procedures. (D) The Treasurer shall list the total unpaid charges against each separate lot or parcel to which such charges are attributable on or before September 1 of each year, for Council action pursuant to the provisions of this chapter. § 5.201 Jf7NK DEALER/AUTO RECYCLING DEALER (C) All applicants desiring to secure a license, shall make a written application to the Clerk upon forms supplied by the city, accompanied with a fee as set by City Council resolution. (D} No license shall be issued until the applicant has executed and deposited, with the Clerk a corporate surety bond in the sum of $10,000 guaranteeing the compliance with the provisions of this section. Such bond shall remain in force and must be executed for a period of one year except that on such expiration, it shall remain in force as to all penalties, claims and demands that may have occurred thereunder prior to such expiration. § 5A.505 COST RECOVERY. (B) The Treasurer shalt establish an improvement fund for the administration oi'residential maintenance code charges. The costs related to the residential maintenance code shall be certified annually by the Housing Enforcement Officer to the Treasurer for billing, including a statement describing the land, lots, or parcels involved and the amount chargeable to each. (C) On or before October 1 of each year, or as required by Statute, the Treasurer shall bill each property owner ofeach affected lot or parcel for their portion of the charges authorized hereunder plus the reasonable cost of administering the billings and collection procedures. (D) The Treasurer shall list the total unpaid charges against each separate lot or parcel to which such charges are attributable on or before November 1 of each year, or as required by Statute. for Council action pursuant to the provisions of this chapter. § 6.101 ADMINISTRATIVE DUTIES. (A) At least one copy of every code, ordinance and regulation adopted herein by reference shall be on file and available for public inspection at the City Clerk's Office. § 6.901 GENERAL PROVISIONS. (B) The criteria to be followed by the Health Authority in review and approval of plans shall be set forth in Minn. Rules, Chapter 4725, Wells and Borings, as it may be amended from time to time, a copy of which is on file and available for inspection in the Community Development Department of the city. The same is hereby adopted by reference, and all terms of said code are made a part hereof as if fully set forth in this chapter. § ?.203 TEMPORARY AND EMERGENCY ORDERS. (D) Any person may request establishment of such regulations, conditions or restrictions in any part of the city by making written applicalion therefure to the Council. The application shall specify the address and the nature of any commercial or business activity conducted at said premises, or as a condition ofeach such application, the Council may require the applicant to pay the Treasurer the estimated cost of erecting signs and painting the curb. § 7.302 PROCEDURES. (F) The net proceeds of all sales, after deduction of towing and storage costs, and administrative costs of conducting a public sale, shall be forwarded to the Treasurer. 8.101 DOG AND CAT LICENSE. (B) License applications shall include the following information: (I) The name and address of the owner of the animal, and the name and address of the applicant if other than the owner. (2) The breed, sex and age of the dog or cat for which a license is sought. (3} A statement shall accompany any application for a spayed female animal from a qualified veterinarian that such animal has been spayed or otherwise rendered sterile. 22 City Council Agenda Monday, September 08, ?008 Page 16 of 24 (4) Such other information as the Council shall reasonably require to determine anima[ census information or in compiling other records. (C} Licenses shall be issued for such period of time and upon payment of such fees as the Council shall determine by resolution. Provided, however, that: (1) The Council may, in its discretion, provide for a pro rata payment of license fees where the applicant pravides written evidence indicating immunity from rabies will terminate prior to the normal expiration date of any license hereunder. (2) The Council may by resolution provide for a lower fee for spayed female and neutered male dogs and cats than for unspayed female and unneutered male dogs or cats. (a) The owner, keeper, or custodian of any dog or cat shall pay the license fee for an unspayed or unneutered dog or cat unless said applicant provides a veterinarian's certificate verifying that said animal has been spayed or neutered. Presentation of the dog or cat for inspection shall not constitute adequate proof that the said dog or cat has been spayed or neutered in accordance with this section. (b) Any owner, keeper, or custodian who shall pay the license fee for an unspayed or unneutered dog or cat as provided above may be refunded the difference between that license fee and the tee for a spayed or neutered dog or cat if he shall provide, within 30 days of the issuance of said license, a veterinarian's certificate verifying that the said licensed dog or cat has been spayed or neutered. (E) Upon payment of the prescribed license fee to the Treasurer, a written license and a metallic tag shall be issued for the licensed. animal. The tag shall indicate the registration number for such animal, and be of such design so as to be worn or attached to a collar for said animal A duplicate metallic tag may be obtained to replace a Lost or stolen tag in the folloeving prescribed manner: (I) The owner of the anianal shall present the original license together with an at~idavit reciting the fact that such tag has been lost or stolen and not in the possession of the applicant. (2) A duplicate tag shall be issued upon payment of a duplicate tag fee in an amount set by resolution of the Council.. (G) No license may be issued for any dog or cat unless the owner or keeper thereof shall furnish a veterinarian's certificate showing that the said dog or cat has been inoculated for the prevention of rabies and showing the estimated termination date of immunity from rabies of such dog or cat as a result of its inoculation for the prevention of rabies. Should such certificate disclose that the said rabies inoculation shall cease to become effective prior to the expiration of the licensing period, the license may be issued with a license expiration date which coincides with the termination of the effective immune period from rabies of such dog or cat. § 8.103 L~ffOUNDMENT. (D} Any animal impounded pursuant to the provisions of this section shall be kept for not less than five regular business days unless reclaimed prior to that time by their owner as provided hereafter. The oevner of any impounded animal may reclaim the same upon payment to the Treasurer or Poundmaster of an impounding fee as set by resolution of the Council, and the payment of such daily hoarding fees as shall be (E) determined by the Council for such time as the animal has been confined. The Poundmaster shall not release any animal unless the owner thereof shall first purchase a license for the said animal as provided in § 8.101. (F) Any animal which is unclaimed by the righttul owner evithin the prescribed time may be sold to anyone desiring to purchase said animal, if not requested by a licensed educational or scientific institution under state law. (1 } All sums received in excess of costs shall be held by the l reasurer for the benefit of the owner. if not claimed within one year, such funds shall be placed in the general fund of the city. § 8.207 RECOVERY OF COST. (A) Personal liability. The owner of premises on which a nuisance has been abated by the city shall be personally liable for the cost to the city of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, the Treasurer or other official designated by the City Council shalt prepare a bill for the cost and mail it to the owner. Thereupon the amount shall be immediately due and payable at the office of the Treasurer. § 8.605 LOCAL EMERGENCIES. (A} A local emergency may be declared only by the Mayor or his legal successor. It shall not be continued for a period in excess of three days except by or with the consent of the Council. Any order, or proclamation declaring, continuing, or terminating a local emergency shall be given prompt and general publicity and shall be filed in the office of the City Clerk. § 8.606 EMERGENCY REGULATIONS. (B) Every resolution of emergency regLdations shall be in writing: shalt be dated; shall refer to the particular emergency to which it pertains, if so limited, and shall be filed in the Office of the City Clerk. A copy shall be kept posted and available for public inspection during 23 City Council Agenda Monday, September 08, 2008 Page 17 of 24 business hours. Notice of the existence of these regulations and their availability for inspection at the City Clerk's Office shall be conspicuously posted at the front of the City Ha11 or other headquarters of the city or at such other places in the affected area as the Council shall designate in the resolution. By resolution, the Council may modify or rescind any such regulation. § 11.127 FRANCHISE FEE, TAXES AND ASSESSMENTS. ($} Pavment offi•nnchise fee. (1) Within 30 days after the end of each calendar quarter, the grantee shall report for the preceding calendar quarter in such detail as the city may require its gross receipts from all system services from whatever sources and shall remit therewith all amounts due under division (A) of this section. (2} In the event any payment is not made on or before the applicable date fixed in subdivision (B}(1), interest thereon shall apply from its due date at the rate of one and one half percent per month. (3) A11 payments due the city shall be made to the Treasurer. This ordinance shall be in full force and effect from and after thirty (30} days after its passage. RESOLUTION N0.2008-198 BEING A RESOLUTION ESTABLISHING PROPERTY MAINTENANCE INSPECTION FEES AS AUTHORIZED BY CHAPTER SA OF CITY CODE OF 2005 fees; and WHERAS, Ordinance No. 1490, City Code of 2005, pertaining to Property Maintenance regulations provide for the establishment of WHERAS, the City has authorized changes to Property Maintenance Fees from time to time; and WHERAS, the City finds there is a need to modify the Property Maintenance Fee structure at this time for new rental applications. former rental properties not licensed since January 1, 2006 or for properties where a license transfer is being processed; and THEREFORE, BE IT RESOLVED, that the Property Maintenance Fee structure listed below shall be adopted. and effective September 9, 2008. Property Maintenance Inspection Fees 1) Initial Building Inspection Fee of $160.00 applicable to all properties: a) Not Licensed. since January ], 2006 or; b) Properties where a license transfer has been requested. 2) The aforementioned fee is in addition to the Renta] License Fees established by Resolution 2008-86, as amended from time to time. RESOLUTION 2008-199 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 James Dalkaf Q-Icrcinaftcr "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?06, 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 August 20, 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 I~Ieights makes the following: FINDINGS OF FACT That on July I5, 2008 an inspection was conducted on the property listed above. Inspectors found four violations. A compliance order was sent via regular mail to the owner at the address. That on August 20, 2008 inspectors re-inspected the property listed above. Inspectors noted that four violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. That on August 29, 2008 inspectors reinspected the property and found that four violations remained uncorrected. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall remove the dead tree in the back yard. B. Shall repair the retaining wall railing that is on the retaining wall. 24 City Council Agenda Monday, September 08, 2008 Page I8 of 24 C. Sha11 repair the support (4x4 timber) pillar on the southeast corner of the house that is deteriorated. D. Shall repair the front screen door that is damaged and has no glass or handle. ~. 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 pravisions of the City Code Section 8.206{A} and 8.206(B). CONCLUSIONS OF COUNCIL 1. Thai 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 shall be served upon all relevant parties and. parties in interest. RESOLUTION 2008-200 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 National City Real Estate Services, LLC (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4631-33 Pierce Street N.E.. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 14, 2008. Now, therel`ore, 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 1~, 2008 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order vvas sent via regular mail to the owner at the address. 2. That on August 14, 200$ 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 August 26. 2008 inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to WYt: a. Shall repair or replace the broken garage doors. 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 8.20b(B}. CONCLUSIONS OF COUNCIL 1. That the property located at 4631-33 Pierce 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 4631-33 Pierce Street constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2008-201 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 Ita Ekah (I-Iereinafter "License Holder"). 25 City Council Agenda Monday, September 08, 2008 Page 19 of 24 Whereas, license holder is the legal owner of the real property located at 4612 Polk 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 Bolder on August t9, 2008 of an public hearing to be held on September 8, 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 June l5, 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 August 19, 2008 inspection office staff reviewed the property the 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: a. 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 5A.306 and SA.303(A). ORDER OF COUNCIL I. The rental Iicense belonging to the License Holder described herein and identified by license number F8621A 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 2008-203 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 Alexander Cajucom (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 679-681 46~' Avenue N.E., Columbia Heights, Minnesota, Vdhereas, 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 August 14, 2008 of an public hearing to be held on September 8, 2008. Now, therefore, in accordance vvith 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 5, 2008 inspectors for the City of Columbia Heights, inspected ±he property described above and noted nine 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 June 12, 2008 inspectors for the City of Columbia FIeights performed a final inspection at the property and noted six 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 June 18, 2008 the inspection office staff received a request for an extension of time and that extension was granted to August 14, 2008. 4. That on August 14. 2008 inspectors for the City of Columbia Heights performed a final inspection at the property and noted si.Y violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing Iicense application. 5. That on August 26, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that six violations remained uncorrected. 6. That based upon said records of the Enforcement Oftiee, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: a. Shall contact the building official and schedule an inspection of the retaining wall. Look structurally unstable. b, Shall replace the non-working upstairs smoke detector. c. Shall replace the battery on the lower level smoke detector that is chirping. d. Sha11 repair the hole in the closet door in the hallway. e. Shall repair the hole in the sheetrock wall between the garage and the house. f. Shall make this unit. 6$1 available for inspection. 7. 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 5A.306 and SA.303(A). 26 City Council Agenda Monday, September 08, 2008 Page 20 of 24 ORDER OF COUNCIL I. "The rental license belonging to the License Holder described herein and identified by license number F8976 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 N0.2008-207 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR NEW PERSPECTIVES WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0902) has been submitted by New Perspectives Senior Living to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 3801 Hart Boulevard LEGAL DESCRIPTION: Lot I. Block 1. Hart Lake Addition. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.109 (G}(3}(i), to allow an addition to a senior living facility in the R-3, Limited Multiple-Family Residential District. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on September 3, 2008; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. Z. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. ~. The use and property upon which the use is located are adequately served by essential public facilities and services. 6. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 7. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 8. The use complies with all other applicable regulations fbr the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within. one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All required state and local codes will be met and in full compliance. 2. All application materials, maps, drawings and descriptive information. submitted with this application shall become part of the permit. RESOLUTION N0.2008-208 RESOLUTION APPROVING A V CE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR NEW PERSPECTIVES SENIOR LIVING WHEREAS, a proposal (Case # 2008-0902} has been submitted by New Perspectives Senior Living to the City Council requesting a variance from the City of Columbia Heights 7_oning Code at the following site: 27 City Council Agenda Monday, September 08, 2008 Page 2I of 24 ADDRESS: 3801 Hart Boulevard LEGAL DESCRIPTION: Lot 1, Block 1. Hart Lake Addition. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 19-foot front yard setback variance far hard surface parking per Code Section 9.109 {C}. WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on September 3, 2008; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. Z. The conditions upon which the variance is based are unique to the specific parcel of land involved. and are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. ~. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject io petition for renewal of the permit. EMERGENCY ORDINANCE NO. 1557 AN EMERGENCY ORDINANCE REPEALING ORDINANCE 1546- "AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON THE ISSUANCE OF RESIDENTIAL RENTAL OCCUPANCY LICENSES, PER CITY ORDINANCE SECTION SA.401, ON PROPERTIES NOT LICENSED SINCE JANUARY 1, 2006" On May 12, 2008 the Columbia Heights City Council approved Ordinance No. 1546 declaring " An Interim Ordinmace Establishing a Moratoriazna On the Issuance of Residential Rental Occupaazcv Licenses, Per City Ordinance Sectioaa J.4.401, On Properties Not Licensed Since January {, 2006 ", and: Whereas, the aforementioned resolution detailed the rationale for the moratorium and; Whereas, the City staff has conducted various studies regarding the City's rental environment in conjunction with issues associated with the foreclosure market, and: Whereas the staff has from time to time provided information to the Council regarding the subject of the moratorium, and; Whereas, on August 26, 200$ staff presented its findings and recommendations to the City Council at a specially called work session, and: Whereas, the staff has been directed to institute for new or transferred licenses a rental inspection process utilizing the services of the City's Building Official, and; Whereas, the City Council on September $, 2008 passed Resolution #2008-198 authorizing a $160.00 initial inspection fee, and; Whereas, the City Council recognizes the needs of many residents to rent properties, especially single homes, but wants to ensure the community as to the structural integrity and livability of rental properties per City Ordinance; NOW THEREFORE, BE IT RESOLVEDa As evidenced by this resolution, the Columbia Lleights City Council terminates the rental license moratorium. as described in Ordinance No.1546, passed on May 12, 2008. Staff is directed to start the process of licensing new or transferred rental properties based on inspections conducted by the City's Building Official. 28 RESOLUTION 2008-210 RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE YEAR 2009, SETTING THE PROPOSED CITY LEVY, APPROVING THE HRA LEVY, APPR®VING A TAX RATE INCREASE, AND ESTABLISHING A BUDGET HEARING DATE FOR PROPERTY TAXES PAYABLE IN 2009. rnur ~ ~ cn i4 NOW, THEREFORE BE iT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: that the following is hereby adopted by the City of Columbia Heights. Section A. The budget for the City of Columbia Heights for the year 2009 is hereby approved and adopted with appropriations for each of the funds listed below. Expense General Fund 9,652,718 Community Development Fund 645,309 Economic Development Fund 347,561 State Aid 147,896 Cable Television 131,412 Library 783,847 DARE Project 5,700 Infrastructure 279,017 Capital Improvement 336,428 Capital Equipment Replacement Funds 461,613 Construction Funds 1,520,300 Central Garage Fund 1,193,048 Liquor Operating 8,164,211 Liquor Capital/Non-Operating 835,386 Water Utility Fund 2,374,102 Sewer Utility Fund 1,759,396 Refuse Fund 1,429,098 Storm Sewer Fund 421,281 Data Processing 270,351 Debt Service Fund 2,111,450 Total Expense Including Interfund Transfers 32,870,124 Section B. The estimated gross revenue to fund the budget of the City of Columbia Heights for all funds, including general ad valorem tax levies and use of fund balances, as hereinafter set forth for the year 2009: Revenue General Fund 9,652,718 Community Development Fund 645,309 Economic Development Fund 347,561 State Aid 147,896 Cable Television 131,412 Library 783,847 DARE Project 5,700 Infrastructure 279,017 Capital Improvements 336,428 Capital Equipment Replacement Funds 461,613 Construction Funds 1,520,300 Central Garage Fund 1,193,048 Liquor Operating 8,164,211 Liquor Capital/Non-Operating 835,386 Water Utility Fund 2,374,102 Sewer Utility Fund 1,759,396 Refuse Fund 1,429,098 Storm Sewer Fund 421,281 Data Processing 270,351 Debt Service Fund 2,111,450 Total Revenue Including Interfund Transfers 32,870,124 29 City Council Agenda Monday, September 08, ?008 Page 23 of 24 Section C. The following sums of money are levied for the current year, collectable in 2009, upon the taxable property in said City of Columbia Heights, far the following purposes: Estimated General Fund Levy 6,675,262 Estimated Library Levy 573,215 Estimated EDA Fund Levy 80,000 Total 7,328,477 Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for the fiscal year 2009 in the amount of $267,561 BE IT FURTHER RESOLVED :That the Gity has adequate fund balances and reserves to pay 2009 Bond principal and interest payments on General Obligation Bond Series 2003A and General Obligation Bond Series 2006A and that the county auditor is authorized to cancel these Bond Levies for taxes payable in 2009. BE IT FURTHER RESOLVED: That the City shall levy for the General Obligation Bond Series 2007A (Infrastructure Fund) in the amount of $130,587.20, 2008A (Public Safety Building) in the amount of $357,659, and 2009A (Murzyn Hall Energy} in the amount of $93,640 and that the county auditor is authorized to collect these Bond Levies for taxes payable in 2009. BE IT FURTHER RESOLVED: That the overall levy, including the General Fund, Library, EDA, Public Safety Building, and Murzyn Hall debt be reduced by $208,000. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, COUNTY OF ANOKA, MINNESOTA: That the County Auditor is authorized to fix a property tax rate for taxes payable in the year 2009 that is higher than the tax rate calculated for the City for taxes levied in 2007, collectable in 2008. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. Approved this -------------------day of Offered By: Seconded By: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Carole J. Blowers Secretary Pro Tem 30 City Council Agenda Monday, September 08, 2008 Page 24 of 24 ORDINANCE NO. 1558 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005, REGARDING ABOLISHING THE POLICE AND FIRE CIVIL SERVICE COMMISSION The City of Columbia Heights does ordain: Chapter 3, Article III, Section. 3.304 of the Columbia Heights City Code, which currently reads as follows: 3.304 POLICE AND FIRE CIVIL SERVICE COMMISSION: (A) The Joint Police and Fire Civil Service Commission is hereby established pursuant to the provisions of M.S. Chapters 419 and 420, as they may be amended from time to time. Said statutes including all amendments thereto, are hereby adopted by reference and made a part of this code as if fully set forth herein. (B) The Commission shall consist of three members who shall be appointed for staggered terms of three years so that the term of one Commissioner will expire each year. Appointments shall be made by the Mayor. (C) The Commission shall establish rules, regulations and procedures as are necessary and required by law to carry out its duties and functions relating to the appointment, promotion, discharge, and suspension of Police and Fire Department personnel. (D} For purposes of this section, any provision ol'this code that is inconsistent with the provisions of M.S. Chapters 419 and 420, as they may be amended from time to time, shall be interpreted and construed as superseded by said statutes with respect to the composition and operation of the Commission. is hereby repealed in its entirety, This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. 31 OFFICIAL PROCEEDINGS CITY OF COLUMBIA. HEIGHTS CITY COUNCIL MEETING SEPTEMBER 10, 2008 CANVASS 2008 PRIlYIARY ELECTION RESULTS Call to Order/Roll Call Mayor Peterson called the meeting to order at 7:00 p.m. and indicated the meeting was to canvas the results of the 2008 Primary Election results. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Kelzenberg Absent: Councilmember Diehm Pledge of Alle ig ance -recited Adopt Resolution No 2008-212 Canvassing Primary Election Returns of September 9, 2008 Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2008- 212, there being ample copies available to the general public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2008-212, being a Resolution Canvassing Municipal Primary Election Returns. Upon vote: All ayes. Motion carried. RESOLUTION N0.2008-212 CANVASSING MUNICIPAL PRIMARY ELECTION RETURNS WHEREAS, the City of Columbia Heights, did on the 9th day of September, 2008, conduct and hold a Primary Municipal Election for the purpose of nominating candidates for two offices of Council Member to be voted on at a General Municipal Election on November 4 2008; and WHEREAS, the City Council of the City of Columbia Heights at a meeting of said Council held on the 10th day of September 2008, did canvass the returns and results of said Primary Municipal Election; and WHEREAS, the following results were determined by said canvass of said Primary Municipal Election, to wit: TOTAL BALLOTS CAST IN ELECTION: 1,870 Valid Votes Cast for Two 4-Year Council Seats Bruce Nawrocki 828 Donna Schmitt 619 Sue Campbell 615 Bobby Williams 558 Brian Drews 374 Adrian Durand. 154 Thomas Crotty 115 Overvotes 1 Times voted blank 99 Undervotes 277 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights, that Bruce Nawrocki, Donna Schmitt, Sue Campbell, and Bobby Williams are hereby declared to be the candidates for the two four-year Council Seats for the General Municipal Election to be held on November 4, 2008. 4. Adjourn 32 Mayor Peterson adjourned the meeting at '7:33 p.m. Patricia Muscovitz CMC City Clerk 33 `:ity of `:olrufn tliiia ]~ei~ut3 Park and Recreation Commission July 23, 2008 Eileen Evans called the meeting to order at 6:30 p.m. ROLL CALL Members present: Eileen Evans; Tom Greenhalgh; Stan Holum; Kevin McDonald.; David Payne; Marsha Stroik; Keith Windschitl, Recreation Director; Kevin Hansen, Public Works Director/City Engineer Also present: Joe Primus, CH School District Director of Business Services; Mark Corless, CH School District K12 Activities Director; Candace Amberg, RLA of Brauer & Associates, Ltd.; Keith Kozerski of St. Joseph's Home for Children; Kay Acton resident; Jeff Bahe from Jeff's Bobby & Steve's; Residents from the Ramsdell Park neighborhood APPROVAL CONSENT AGENDA Motion by Payne, second by McDonald, to approve consent agenda. Upon vote: All ayes. Motion carried. LETTERS AND REQUESTS A. Request for a reduced rental fee of JPM on December 5, 2008 for a fundraiser with St. Joseph's Home for Children Keith Kozerski requested a reduced rental fee for a fundraiser to benefit St. Joseph's Home for Children. This event is by invitation only with no admission fee; there will be food, a band, and a raffle for prizes. At this time the renters would conduct an open bar. Evans asked if the event could be held on a weekday because the policy states that Friday and Saturday rentals are not allowed reduced. rental rates. Motion by Holum, second by Payne, to charge the full rental rate. Upcn vote: All ayes. Motion carried. B. Request for a reduced fee on the rental of JPM on Tuesday, December 2, 2008 Kay Acton of Osher Lifelong Learning Institute at the University of Minnesota discussed the request by this organization. They are anon-profit group that would like to hold a volunteer party at JPM. from 11:30 to 4:30 on December 2, 2008. The expected number of attendees is between 200 to 250 people for this luncheon. Evans stated. that the policy is to charge a $40 entry fee and $15 per hour charge. Motion by Stroik, second by Payne, to charge the $40 entry fee and $15 charge per hour in the building. Upon vote: All ayes. Motion carried. 34 Recreation Department 9/ 11 /2008 Page 2 Acton thanked the Commission n~lembers. OLD BUSINESS A. Review concept plans for Ramsdell Park with neighborhood Hansen thanked the neighborhood residents for attending. He indicated that the purpose far conducting the meeting is to review concept plans and gain public input for the Commission Members to hear and come back with a final recommendation for a master plan. Hansen reviewed current park construction with the residents. He introduced Consultant Amberg from RLA of Brauer & Associates, Ltd. Amberg discussed two concept plans for Ramsdell Park. Major points include; relocating the softball field for optimal play, leaving open field space for soccer, addressing soil type and drainage problems, adding a walking trail system, moving the parking area, relocating the half basketball court, relocating the playground. equipment, a small picnic shelter, keeping or removing the pool, keeping the existing park building, adding significant landscaping and providing storm water storage/infiltration basin. On the southeast corner of the park area; currently owned by the school district, staff has suggested a possibility of expanding the parking lot and adding a small skate park. Discussion from residents; support for the removal of the half basketball court, concern for the distance of the walking path to residents property (screening), and support for the addition of walking path for the many people with animals. Hansen indicated that the number one request for park improvements is a walking trail system. Residents indicated that the pool is frequently used and would like to keep it in the park with a better enclosed area and seating around the pool. Payne asked if there would be options for lighting the trails. Amberg indicated that many parks are taking out lighting due to light polh~tion. Resident comment; against lighting and in favor of the removal. of the basketball court. Evans asked how many residents would be interested in a skateboard park. About two residents in attendance were in favor of one. Hansen indicated that the Council has given, as a guide is not to expand the park or intensify it but make it more useable. He also indicated. that the skate park on the concept plan is shown as the only new item and placed in the most appropriate area of the park. That land. is owned by the school district and shown as a future potential use. One resident asked about screening between the park and residential areas for noise. Amberg indicated that landscaping would be used. Hansen indicated that there is no proposed fencing and that the only delineation is with trees, planting and landscaping. Per Commission Policy, it is the responsibility of residents to install their own private fencing. Amberg stated that trails and selective landscaping are installed to help guide people while in the park. Continued discussion included; in favor of more and better parking, concerns with dogs running free, placing lease law signage, installing a doggie station, concerns with no supervision of youth at the pool, proper monitoring of the pool hours of operation and approval of a larger ballfield space with an area for a soccer field. Windschitl indicated the need for a soccer field to fulfill program needs. 35 Recreation Department 9/ 11 /2008 Page 3 Jeff Bahe from Jeff s Bobby & Steve's Auto World indicated that their Youth Foundation has chosen the City of Columbia Heights to receive a playground donation. Each year the company chooses a city that they do business in to donate back to. This is a project where they ask for residents to volunteer their time towards the labor of the project. Hansen stated that 120 properties around Ramsdell Park were sent notifications of this meeting. He will send out postcards to allow for additional comments. Hansen ended the public comments and discussion. Evans thanked residents for attending. B. Honeywell Study/HVAC Recommendations Evans asked if we are locked into Honeywell for this project. Windschitl indicated that last November staff contacted Honeywell to conduct an Energy Retrofit Study for Jahn P. Murzyn Hall. Honeywell was selected to perform this study due to their vast knowledge and experience with Murzyn Hall and the many successful years working with them. Honeywell has completed the mechanical, ventilation, building management system, envelope, and electrical evaluation in addition to analyzing the cost to operate the facility. Cost estimates are being prepared for the project in order to start implementation in the very near future. Timing is important due to some equipment failure since the study began. John P. Murzyn Hall (JPM) is a beautiful building with continuous activity that requires consistent functionality. Unfortunately, the majority of mechanical components related to heating and cooling are well beyond their functional life. The building has some moisture damage from interior and exterior penetration and this will only get worse if short-term fixes are applied. Windschitl stated that Honeywell is conducting the energy study at no cost unless Honeywell is not used for any portion of the project. If Honeywell does not perform any of the work then the City will owe Honeywell $2000. Windschitl gave examples of past problems within JPM like water leaks from ice eaves causing damage to the ceiling tiles, sheet rock and carpet. Holum asked if that is a roofing problem or a boiler (heating) problem. Windschitl explained that the heat generated from the air-handling units in the attic melts the snow on the roof causing ice to form on the edges and this plan addresses that issue. Holum suggested placing it outside. Windschitl indicated that is what he would like to see happen, but it would be too expensive. Evans asked if this was priced that way with all the boilers and all the air conditioners. Windschitl indicated that the only part reused is the shell or housing of the units in the attic. Evans asked again why put in attic. Windschitl explained that it is too costly to move all of the ducting. Holum asked about the biding process. Windschitl indicated that Honeywell is authorized under a state statute where they bid every thing out to many companies who will provide a good piece of equipment. They will then guarantee that all of the components will work together and be cost effective afterwards. Evans indicated that Honeywell would be gaining a profit from this. Windschitl stated that Honeywell would 36 Recreation Department 9/ 11 /2008 Page 4 be getting about 10% of the project back for the engineering, which is the gong rate, Windschitl stated that when the heating needs to be turned back on part of the heating system is inoperable. Last year at the end of the winter season some of the equipment was turned off rather than. temporarily fixing old units with costly repairs. He stressed the urgency on making this decision prior to the heat needing to be turned. on again. Holum, not much savings listed. on a boiler. Windschitl replied that new boilers installed would be much more efficient than one installed. in the 1930's. He indicated. that other companies have said that they would put a bid together but not package everything to operate together. This is an important piece of the project to have all of the equipment working together such that the climate in the building is consistent. This is one of the major problems with the building currently. Honeywell offers a performance type of contract. Other companies do not have any history and knowledge of the building. Evans commented to at least price bailers. Windschitl replied that Honeywell does bid out the work, they go out to other companies to acquire quotes, and Honeywell may or may not get the work once all costs are submitted. Evans asked about Honeywell giving us back the savings if they find a tower bid price. Windschitl replied that if the final cost proposals were lower than original projections the savings would be passed on to the City. He explained the project consists of replacement of single pane windows on the North side of the hall, doors, reconstruction of South wall in hall, roof replacement, new gutters, and new heating/cooling units with controls. Holum stated that there isn't any disagreement that something has to be done, but he was surprised at the original estimate. Windschitl stated that Honeywell has done a great job for JPM over the past twelve years. Stroik praised the maintenance agreement due to the frequent use of the building on the weekends and needing maintenance to be on call. Windschitl indicated JPM staff are currently researching the loadsheding agreement with Xcel Energy to save money on utilities. Average hours based on the last few years ranged between 20-40 hours per year max, and our generator currently has to be cycled anyway. This cost savings would be some where around $4000 annually based on current use. Holum agreed that this is a good program. REPORTS A. Recreation Director Windschitl reported that money donations were down for the Jamboree Fireworks. No responses back from VFW or TriCity Legion. The Columbia Heights Lion's Club recently donated $1.000. Total donations received were approximately $2500. Windschitl invited. the Commission Members to tour facilities with gym equipment that may be in the new gym at the High School; on Friday, July 25`". The tour will be of the New Prague High School gym and Macalester College. Greenhalgh indicated that he would be attending. B. Public Works Director/City En ig Weer Hansen asked the Commission Members for immediate comments on the Ramsdell Park meeting. Members comments included; approval of skateboard park, observation of other City parks not using the skateboard park, St. Anthony skateboard park is always 37 Recreation Department 4/11 /?008 Page 5 packed, frustration w'iti~ cltlzens that live near parks and do not want improvements. Hansen indicated keeping the wading pool based on public comments. In order to keep the pool there are specific requirements that Heed to be met regarding the drain and filtration system. Hansen passed around photo examples of signage far the park signs with the park name on them. He indicated that graffiti is the major problem with current signs. Stroik indicated approval for placing signs at the park without spending a lot of money. Other members agreed. C. Commission Members Payne indicated desire for a scoreboard for the ballfield at Prestemon Park. Windschitl indicated that this is something staff would be working on in the next few months. Stroik suggested implementing a fundraising plan to conduct park improvements. She gave examples of other cities using their own credit card system or creating a round up on utility bills. Hansen indicated that with a three month billing system that would not work. Evans suggested using the grant from Jeff's, Bobby and Steve's foundation at Huset Park on the west side of the park. Stroik reported hearing a discussion of the City not continuing the Jamboree Festival. She indicated that many people outside of the City have a vested interest in the festival. Staff reported that they are not aware of plans of this nature. Payne reported that Jim Kordiak is retiring and hearing a rumor that Anoka County would like to give Kordiak Park back to the City. Hansen indicated that there has been no formal discussion. Staff has approached the City to take over all of the park maintenance. Hansen does not believe that Anoka County wants to get rid of the park. either. There are scheduled improvements for Kordiak Park. ADJOURNMENT Eileen Evans adjourned. the meeting at 8:30 p.m. Deanna Saefke, Recreation Clerk Typist II 38 CITY COUNCIL LETTER MEETING OF: SEPTEMBER 22, 2008 AGENDA SEC T iGi~1: CONSET~T ORiGINA T iNG DEPT: CITY MANAGER NO: FINANCE APPROVAL ~ ITEM: RESOLUTION ACCEPTING CERTAIN BY: 10E KLOIBER BY: ~ ~ DONATIONS RECENED BY THE CITY OF ~~ ~ ~ ' 1~ ~ '~' COLUMBIA HEIGHTS DATE: SEPTEMBER 17, 2008 Periodically Finance department staff compile in resolution format a list of private donations recently received by the City and submits these for adoption by the City Council. The attached resolution 2008-21.3 is the most recent such resolution. The main intent of these resolutions is to comply with Minnesota Statute 465.03 Gifts to Municipalities. That statute provides that municipalities can accept donations subject to donor terms, if the acceptance is by a resolution approved by at least two-thirds of the City Council. It should be noted that the statute prohibits accepting donations with religious or sectarian purposes. Staff recommends that the City Council. adopt the following motions: RECOMMENDED MOTION: Move to waive the reading of Resolution 2008-213 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2008-213 being a resolution to accept certain donations received. by the City of Columbia Heights. JPK 0809171 COUNCIL Attachment COUNCIL ACTION: 39 RESOLUTION N0.200&213 ACCEPT CET DONATIONS RECEIVED BY THE CITY OF COL IA HEIGHTS WHEREAS, the City Of Columbia Heights has received the following donations; DATE DONOR AMOUNT PURPOSE 10/25/2007 COLUMBIA HEIGHTS LIONS CLUB 100 SENIOR PROGRAM. 10/25/2007 COLUMBIA HEIGHTS ATI-ILETIC BOOSTERS 250 SENIOR PROGRAM 12/9/2008 NORTHEAST BANK 200 SENIOR PROGRAM 10/5/2007 COLUMBIA HEIGHTS LIONS CLUB 700 FIREWORKS 6/6/2008 NORTHEAST BANK 100 FIREWORKS 6/6/2008 FINANCIAL ONE 500 FIREWORKS 6/6/2008 JEFF'S BOBBY & STEVE'S AUTO 100 FIREWORKS 6/6/2008 THE KORDIAK COMPANY 25 FIREWORKS 7/3/2008 CRESTVIEW 50 FIREWORKS 7/3/2008 TCB PRECISION MACHINING 300 FIREWORKS 7/16/2008 COLUMBIA HEIGHTS LIONS CLUB 1,000 FIREWORKS 9/13/2007 NATIONAL RECREATION & PA 100 RECREATION 703/08 COLUMBIA HEIGHTS LIONS CLUB 200 RECREATION 7/9/2008 TWINS COMMUNITY FUND 5,000 RECREATION 7/16/2008 COLUMBIA HEIGEITS ATHLETIC BOOSTERS 15,000 RECREATION 8/29/2008 NATIONAL RECREATION & PA 100 RECREATION SUBTOTAL FUND 881-RECREATION 23.725 12/17/2007 TIIE ITALIAN AMERICAN CLUB 2,000 ROYALTY PROGRAM 10/30/2007 VARIOUS 1,050 LIBRARY 11/13/2007 VARIOUS 30 LIBRARY 1/28/2008 UNIVERSITY HEIGHTS 250 LIBRARY 2/4/2008 WOLFSON,TERRY 25 LIBRARY 3/24/2008 DOLGENCORP,INC. 2,000 LIBRARY 4/14/2008 COLUMBIA HEIGHTS WOMEN OF TODAY 95 LIBRARY 11/29/2007 INTERBANK FSB 50 FIRE 7/30/2008 COLUMBIA VILLAGE 100 FIRE 8/5/2008 RMG-REFER A FRIEND 50 POLICE SUBTOTAL FUND 883-OTHER 5,650 TOTAL 29,375 BE IT HEREBY RESOLVED by the City Council of the City Of Columbia Heights, that the City of Calumbia Heights accepts these donations, subject to the donor-prescribed terms listed. Passed this 22nd day of September, 200 Offered by: Seconded by: Roll Call: Attest: Patricia Muscovitz, CMC City Clerk Mayor Gary L. Peterson 40 CITY COUNCIL LETTER Meeting of: 9/22/08 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS TTEM: FINAL PAYMENT FOR ZONE 1B, 2 AND 3A BY: K. Hansen BY: '~~ ~ , SEAL COAT PROJECT #0801 DATE: 9/16/08 DATE: Background: The Contractor has completed the 2008 Seal Coat project. This program consisted of applying an asphalt emulsion and cover aggregate on bituminous streets in Zone 1B, 2 and 3A. Khyber Lane was removed from the 2008 project by staff to review options to improve the storm water drainage in the cul-de-sac. With additional curbing replacement now completed, Khyber Lane will be seal coated as part of the next year's seal coat project. Analysis/Conclusions: Approximately 47% of the seal coat is being funded through assessments and 53% is being paid for by the infrastructure fund. Staff recommends final payment to the Contractor, as work has been completed in accordance with the contract documents. Recommended Motion: Move to accept the work for 2008 Seal Coat, City Project #0801 and authorize final payment of $142,087.65 to Allied Blacktop Company of Maple Grove, Minnesota. Attachment: Engineer's Report of Final Acceptance COUNCIL ACTION: 41 CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE 2008 STREET SEAL COAT PROJECT ZONE 1B, 2 AND 3A CITY PROJECT NUMBER 0801 September 16, 2008 TO THE CITY COUNCIL COLUMBIA HEIGHTS, MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to Allied Blacktop Company. The work consisted of bituminous seal coat application. The contractor has completed the project in accordance with the contract. It is recommended; herewith, that final payment be made for said improvements to the contractor in the amount as follows: ORIGINAL CONTRACT PRICE $149,430.27 CHANGE ORDERS $ 0.00 FINAL CONTRACT AMOUNT $149,430.27 FINAL WORK APPROVED $142,087.65 ALL PRIOR PAYMENTS ($ 0.00} BALANCE DUE $142,087.65 Sincerely, C QF LUMBIA HEIGHTS t,~e,+~ in R. ansen City Engineer 42 CITY COUNCIL LETTER Meeting of: 9/22/08 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS / ITEM: ESTABLISHING AMOUNT OF ASSESSMENTS BY: K. Hansen BY: " ' '~ '` ~c TO BE LEVIED DATE: 9!16/08 DATE: Consistent with Minnesota Statutes and City Code, the City Council annually adopts a resolution prior to the Special Assessment Public Hearing regarding costs to be borne by the City for public improvement projects. The resolution establishes the amount of the City share and the amount of the special assessments for projects to be levied against benefiting properties in the City of Columbia Heights. The purpose of the resolution is to advise the general public of costs to be incurred by the City versus costs to be incurred by benefiting property owners. Adoption of the resolution is done annually and staff considers this a routine matter in order to comply with State Statutes and the City Code. Staff recommends adoption of the attached Resolution. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 2008-214, there being ample copies available for the public. RECOMMENDED MOT10N: Move to adopt Resolution No. 2008-214 being a Resolution establishing amount of City share and amount of Special Assessments on Projects to be levied. K1-I:jb Attachment: Resolution 2008-214 COUNCIL ACTION: 43 RESOLUTION N0.2008-214 BEING A RESOLUTION ESTABLISHING AMOUNT OF C1T~ SI-TARE AND AMOiTNT OF SPECIAL ASESSIv1ENTS ON PROJECTS TO BE LEVIED WHEREAS, the City Council of the City of Columbia Heights by motion on the 25th day of August, 2008, ordered a special assessment hearing to levy the cost of improvements and; WHEREAS, the following projects will be specially assessed in October, 2008, and a portion of the costs may be borne by the City, NOW THEREFORE BE IT RESOLVED pursuant to Minnesota Statutes 429.061, and City Code 4.103, that the breakdown is as follows: PROJECT ESTIMATED ASSESSED ESTIMATED CITY PORTION TOTAL PORTION University Avenue Service Drive Street Construction Pro'ect 0602 $ 6,400. $ 79,400. $ 85,800. University Avenue Service Drive General, State Aid, and Utilit Funds $659,200. - $659,200. Zone 1 B, 2 and 3A Street Seal Coat, Pro'ect 0801 $ 14,300. $1.42,500. $156,800. Passed this 22nd day of September, 2008 Offered by: Second by: Roll call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 44 CITY COTJNCIL LETTER Meeting of September 22, 2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ~, ~ ITEM: REISSUE RENTAL BY: Gary Gorman BY:~, , ~~ LICENSE ~~`"' ~~ ~',- NO; DATE: September 17, 2008 DATE: The matter of the revocation of the license to operate a rental unit(s) within. the City of Columbia Heights against the following properties for failure to meet the requirements of the Residential Maintenance Codes has been resolved. The owner has corrected all violations and paid all fees. RECOMMENDED MOTION: Move to issue arental-housing license to Moshen Dessouki to operate the rental property located at 4610-12 Fillmore Street N.E. in that the provisions of the residential maintenance code are in compliance. COUNCIL ACTION: 45 CITY COUN~'IL L -ETTER Meeting of September 22, 2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: REISSUE RENTAL BY: Gary Gorman BY:~/`_ ~ LICENSE ~ '~' NO: DATE: September 17, 2008 DATE: The matter of the revocation of the license to operate a rental units} within the City of Columbia Heights against the following properties for failure to meet the requirements of the Residential Maintenance Codes has been resolved. The owner has corrected all violations and paid all fees. RECOMMENDED MOTION: Move to issue arental-housing license to Rob Machael to operate the rental property located at 543 Lornianki Lane N.E. in that the provisions of the residential maintenance code have been complied with. COUNCIL ACTION: 46 CITY COUNCIL LETTER Meeting of September 22, 2008 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROV L ITEM: Rental Housing BY: Gary Gorman BY: ; '.1~ Licenses `~r NO; DATE: September 17, 2008 DATE: Approval of the attached list of rental housing license applications, in that they have met the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to approve the items listed for rental housing 1acense applications for September 22, 2008, in that they have met the requirements of the Residential Maintenance Code. COUNCIL ACTION: 4fi List of 2008 Rental Licenses to Approve Occupany I.D. Properly Owner Name Property Address 10033 10062 10502 30090 30502 30504 20025 20111 12029 20299 20262 10105 20042 10063 10140-RY 10141 20129 20116 20116 20068 10084 10049 10064-RY 20035 20039 20387 10145 10082 20101 20204 12007 12068 12153 12186 `,fb'yma~ ~, `Jeo yl E. _ _ 1315 43RD Guardian Property Management 4217 Quincy Anoka County Community Action Prograrri3928 Tyler CNJI, LLC 3801 VAN BUREN Anoka County Community Action Program1641 Tyler Anoka County Community Action Prograrr4647 Tyler Clifford Boyum 4855 5TH Clifford Boyum 4028 CLEVELAND Kathryn Carstensen 4048 MADISON Barbara Cooper 4655 POLK John Egelkrout 4307 7TH Christpher Fields 4149 MONROE Pat Fragale 1316 CIRCLE TERRACE Dane Froiland 4721 5TH Arvella Greenway 3807 Gauvitte Dave Holt 1221 44 1/2 Joe Hoyle 627 51ST Mike Hyska 1035 43 1/2 Mike Hyska 1035 43 1/2 Warren Jeung 4919 JACKSON Jeffrey Larsen 808 49 1 /2 Vicky Laux 4524 MONROE Rob Machel 543 Lomianki Rose Maciaszek 4407 JACKSON Rose Maciaszek 4404 VAN BUREN Lara Merrill 3726 3RD Steve Rajavuori 4455 MAlN Aaron Reed 3956 Tyler Melia Schaff 1203 CHEERY Melia Schaff 3742 3RD Mary Shaw 4212 WASHINGTON Janene Unke-Hanson 4357 7TH Albert Urspringer 3719 HAYES Weston Wiggins 4144 MADISON Page 1 CITY COUNCIL LETTER Meeting of: Sept. 22, 2008 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: Sept. 17, 2008 BY: ' ~ ' ., ~~ BACKGROUND/ANALYSIS Attached is the business license agenda for the September 22, 2008 City Council meeting. This agenda consists of applications for Contractor licenses for 2008. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain. information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business License agenda for September 22, 2008 as presented. COUNCIL ACTION: 4y TO CITY COUNCIL September 22, 2008 *Signed Waiver Form Accompanied Application 2008 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES Bldg *Dave Wagner Plumbing *Rosenquist Construction Apparently Graphic *Foster Mechanical Northern Plumbing Superior Heating & AC *Everlast Concrete 137 E. Golden Lake Ln, Circle Pines 2414 24`" Ave So, Minneapolis 7420 W Lake St, St Louis Pk 945 5`" Ave SE #6, Hutchinson PO Box 241106, Apple Valley 3731 Thurston #1.08, Anoka 1645 108`" Ln NW, Coon Rapids $60 $60 $60 $60 $60 $60 $60 Perkins Construction. 9909 So Shore Dr, Plymouth $60 50 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: September 22, 2008 . STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number 127285 through 127458 in the amount of $ 1 364 759.08 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 51 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 09/18/2008 11:53:32 Check History GL050S-V06.74 COVERPAGE GL540R *************************** *** *************** ********************************** * *** C O U N C I L ** * *** C O U N C I L * *** C O U N C I L * *** C O U N C I L *************************** *** *************** ********************************** Report Selection: Optional Report Title.......09/22/2008 COUNCIL LISTING INCLUSIONS: Fund & Account .............. Check Date .................. Source Codes ................ Journal Entry Dates......... Journal Entry Ids........... Check Number ................ Project...................... Vendor ...................... Invoice ..................... Purchase Order .............. Bank ........................ Voucher .................... Released Date ............... Cleared Date ................ Include Exp/Rev Closing Entries thru thru thru thru thru 127285 thru 127458 thru thru thru thru thru thru thru thru N Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP J COUNCIL Ol P4 Y S 6 066 10 52 ACS FINANCIAL SYSTEM 09/18/2008 11 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 1 09/22/2008 COUNCIL LISTING CHECK NUMBER AMOUNT ASHMORE/SUSAN 127285 35.00 BELAIR EXCAVATING 127286 988.54 BELLBOY CORPORATION 127287 5,632.50 CAPITOL BEVERAGE SALES L 127288 4,951.15 CITY OF COLUMBIA HEIGHTS 127289 142,275.53 COLUMBIA HEIGHTS ATHLTC 127290 287.93 CUPPUPE/ANTHONY 127291 19.00 DAVITT/JO 127292 47.00 DEX MEDIA EAST LLC 127293 102.35 EXTREME BEVERAGE 127294 1,051.00 EARNER-BOCKEN 127295 22,779.07 GENUINE PARTS/NAPA AUTO 127296 121.94 GRAPE BEGINNINGS INC 127297 82.25 GRIGGS-COOPER & CO 127298 32,173.16 JOHNSON BROS. LIQUOR CO. ].27299 21,272.68 JOHNSON'S OUTDOOR SERVIC 127300 1,330.00 MINNESOTA COUNTY ATTORNE 127301 162.52 MN DEPT OF ADMINISTRATIO 127302 307.84 MOSER/AMY 127303 145.21 OFFICE DEPOT 127304 78.62 PAUSTIS & SONS WINE COMP 127305 2,349.60 PETTY CASH - KAREN MOELL 127306 136.53 PIONEER DRAMA SERVICES 127307 50.00 PREMIUM WATERS INC 127308 80.25 QUALITY WINE & SPIRITS 127309 21,235.97 RAMADHAN/NANDI 127310 447.68 SALUD AMERICA INC 127311 180.00 SARNA'S INC 127312 1,000.00 SURLY BREWING CO INC 127313 655.00 T-MOBILE INC 127314 428.68 VERTZON WIRELESS 127315 46.18 VINOCOPIA INC 127316 140.50 WILKUS/DAWN 127317 84.27 WINDSCHITL/KEITH 127318 143.51 XCEL ENERGY (N S P) 127319 18,125.83 YOUNG/KATHY 127320 128.08 AARP 127321 300.00 AMERICAN BOTTLING COMPAN 127322 167.16 AMERIPRIDE INC 127323 92.78 ASPEN MILLS, INC. 127324 1,074.45 CAPITOL BEVERAGE SALES L 127325 59,888.85 CENTER POINT ENERGY 127326 10.12 CHISAGO LAKES DISTRIBUTI 12732? 7,068.87 CITY OF RAMSEY 127328 105.90 CITY WIDE WINDOW SERVICE 127329 83.08 CUZZUPE/ANTHONY 127330 19.00 DANIMAL DISTRIBUTING INC 127331 1,054.92 53 ACS FINANCIAL SYSTEM 09/18/2008 11 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 2 09/22/2008 COUNCIL LISTING CHECK NUMBER AMOUNT DISCOUNT SCHOOL SUPPLY 127332 98.91 DOWDLE/MARY 127333 59.00 FSH COMMUNICATIONS, LLC 127334 59.86 G & K SERVICES INC 127335 49.41 GOURAS/TIM 127336 129.33 GRAPE BEGINNINGS INC 127337 86.25 GRIGGS-COOPER & CO 127338 14,462.56 HILLER/ROGER 127339 497.33 HOHENSTEINS INC 127340 9,450.65 IDEARC MEDIA CORP 127341 61.75 JJ TAYLOR DIST OF MN 127342 62,685.62 JOHNSON BROS. LIQUOR CO. 127343 44,338.67 MARK VII DIST. 127344 22,597.59 MEDICINE LAKE TOURS 127345 2,419.00 MINNESOTA COACHES INC 127346 663.30 MINNESOTA COUNTY ATTORNE 127347 50.59 MN FOL & PEACE OFFICER A 127348 90.00 MURZYN/JOHN 127349 285.86 NORTHEAST BANK 127350 381,688.32 OFFICE DEPOT 127351 43.40 PAT KERNS WINE MERCHANTS 127352 116.75 PHILLIPS WINE & SPIRITS 127353 21,734.20 QUALITY WINE & SPIRITS 127354 6,895.40 QWEST COMMUNICATIONS 127355 116.26 SAPPA/KATE 127356 35.00 SENSUS TECHNOLOGIES INC 127357 1,320.00 SHAMROCK GROUP-ACE ICE 127358 653.33 STREICHER'S GUN'S INC/DO 127359 2,185.48 UNIVERSITY OF MINNESOTA 127360 225.00 UNIVERSITY OF MINNESOTA 127361 710.00 WINDSCHITL/KEITH 127362 239.62 WINE MERCHANTS 127363 2,839.75 WORLD CLASS WINE 127364 2.,345.10 XCEL ENERGY (N S P) 127365 12,974.42 A & C SMALL ENGINE 127366 44.90 ABLE HOSE & RUBBER INC 127367 120.07 ACCURINT 127368 130.00 ACE HARDWARE 127369 38.69 ALL SAFE FIRE & SECURITY 127370 162.05 AMERICAN LEGAL PUBLISHIN 127371 667.70 AMERIPRIDE INC 127372 145.95 ANCOM COMMUNICATIONS INC 127373 12.50 ANOKA COUNTY LIBRARY 127374 109.55 ANOKA CTY - CENTRAL COMM 127375 583.32 ASPEN MILLS, INC. 127376 134.85 ASSOC OF TRAINING OFFCRS 127377 800.00 BAKER & TAYLOR 127378 1,718.06 54 ACS FINANCIAL SYSTEM 09/18/2008 11 BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 3 09/22/2008 COUNCIL LISTING CHECK NUMBER AMOUNT BAKER & TAYLOR ENTERTAIN 127379 37.47 BARNA GUZY & STEFFEN LTD 127380 8,418.00 BIFF'S,INC. 127381 1,290.99 BONESTROO 127382 5,100.00 BRAVER & ASSOCIATES LTD 127383 4,812.74 BRAUN INTERTEC CORP 127384 6,460.75 BRYAN ROCK PRODUCTS, INC 127385 40.15 BUETOW AND ASSOCIATES IN 127386 133,493.59 CAMDEN PET HOSPITAL, INC 127387 1,222.02 CATCO PARTS SERVICE 127388 53.23 CLARK PRODUCTS INC 127389 108.97 COLUMBIA HEIGHTS RENTAL 127390 67.76 COMMERCIAL ASPHALT 127391 10,009.97 CONTRACTORS & SURVEYORS 127392 259.65 CSC CREDIT SERVICES INC 127393 25.00 DELTA HOSPITAL SUPPLY IN 127394 79.10 DIAMOND VOGEL PAINTS 127395 6,150.38 DISCOUNT STEEL INC 127396 36.74 DU ALL SERVICE CONTRALTO 127397 5,701.10 EDS BUILDERS INC 127398 20,789.52 ELAN OIL COMPANY 127399 11,397.60 EHLERS & ASSOCIATES INC 127400 2,127.50 FACTORY MOTOR PARTS INC 127401 47.56 FIDELITY BUILDING SERVIC 127402 5,167.90 FLEX COMPENSATION, INC 127403 189.00 G & K SERVICES INC 127404 377.28 G.A. MURDOCK,INC 127405 50.71 GENE'S WATER & SEWER INC 127406 5,533.00 GENUINE PARTS/NAPA AUTO 127407 147.25 GLASS MASTERS, INC 127408 840.00 GOODIN CO. 127409 33.58 HANSEN/KEVIN 127410 32.04 HARBOR FREIGHT TOOLS 1.27411 26.59 HD SUPPLY WATER WORKS 127412 1,405.68 HILLTOP TRAILER SALES IN 127413 646.85 HOME DEPOT #2802 1.27414 105.30 HUDSON MAPS 127415 254.80 INFO USA MARKETING INC 127416 620.00 INT'L PERSONNEL MGNT ASS 127417 176.00 ISANTI COUNTY EQUIPMENT 127418 243.89 KEMPER & ASSOCIATES 127419 3,510.00 LAKE RESTORATION INC 127420 866.52 LEAGUE OF MINNESOTA CITI 127421 12,710.00 LEAGUE OF MN CITIES INS 127422 40,138.75 MARTIN-MCALLISTER INC 127423 800.00 MEDTOX LABORATORIES, INC 127424 109.67 MENARDS CASHWAY LUMBER-F 127425 181.06 55 .ACS FINANCIAL SYSTEM 09/18/2008 11 :BANK VENDOR BANK CHECKING ACCOUNT CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 4 09/22/2008 COUNCIL LISTING MIDWAY FORD MIDWEST TAPE MINNEAPOLIS FINANCE DEPT MINNEAPOLIS OXYGEN CO. MINNESOTA MAYORS ASSOCIA MN DEPARTMENT OF PUBLIC MOLINARO/JAMES NE-ART CUSTOM NEON INC NEXTEL COMMUNICATIONS NORTHEASTER NORTHERN WATER WORKS SUP OFFICE DEPOT ONVOY INC PETTY CASH - CAROL BROER PETTY CASH - REBECCA LOA PREMIUM WATERS ZNC QWEST COMMUNICATIONS ROTO-ROOTER RTVISION INC S & T OFFICE PRODUCTS IN SAM'S CLUB SOLBREKK INC STAPLES BUSINESS ADVANTA STAR TRIBUNE SUN PUBLICATION INC THOMSON GALE TRUGREEN CHEMLAWN UPS USA MOBILITY WIRELESS IN WHITING/ANN WHOLESALE TRUCK-TRLR PR WW GRAINGER,INC ZIEGLER INC CHECK NUMBER AMOUNT 127426 986.33 127427 25.99 127428 108,916.96 127429 11.89 127430 20.00 127431 50.00 127432 149.95 127433 1,671.00 127434 60.71 127435 80.00 127436 32.97 127437 225.43 127438 59.99 127439 48.93 127440 46.12 127441 15.44 127442 100.86 127443 4,430.00 127444 1,761.02 127445 733.09 127446 108.32 127447 1,641.48 127448 212.18 127449 571.00 127450 47.03 1'27451 74.17 127452 65.82 127453 19.29 127454 32.27 127455 115.00 127456 342.97 127457 35.51 127458 4,355.85 1,364,759.08 *** 56 ACS FINANCIAL SYSTEM 09/18/2008 11 BANK VENDOR REPORT TOTALS: CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.74 PAGE 5 09/22/2008 COUNCIL LISTING CHECK NUMBER AMOUNT 1,364,759.08 RECORDS PRINTED - 001090 57 ACS FINANCIAL SYSTEM 09/1 8/2008 11:53:34 Check History FUND RECAP: FUND ---- DESCRIPTION ---------------------------- DISBURSEMENTS 101 GENERAL 86,247.11 201 COMMUNITY DEVELOPMENT FUND 5,412.22 212 STATE AID MAINTENANCE 422.25 240 LIBRARY 5,889.92 261 AFTER-SCHOOL PROGRAMS 298.91 315 SULL-SHORES:TX GO BONDS2008A 381,688.32 370 TIF 57: HSG & REDV TIF DIST1 194.25 371 TIF T4: 4747 CENTRAL AVE 379.25 372 HUSET PARK AREA TIF (T6) 194.25 376 TAX INCREMENT BONDS 388.50 377 SHEFFIELD - TIF (M8) 194.25 379 HOUSING TIF #1 SCATTER 194.25 385 MULTI-USE REDEVELOPMENT PLAN 194.25 386 HOUSING TIF #2 194.25 389 R8:TRANSITION BLK REDEVELOP 194.25 412 CAPITAL IMPROVEMENT PARKS 7,801.05 415 CAPITAL IMPRVMT - PIR PROD 7,790.92 417 PUB SAFETY BLDG CONSTRUCTION 158,439.96 436 CAPITAL EQUIP REPLACE-LIQUOR 1,671.00 601 WATER UTILITY 115,428.91 602 SEWER UTILITY 6,166.61 603 REFUSE FUND 50.00 604 STORM SEWER UTILITY 1,649.13 609 LIQUOR 375,603.01 651 WATER CONSTRUCTION FUND 5,533.00 701 CENTRAL GARAGE 17,394.51 720 DATA PROCESSING 1,701.47 884 INSURANCE 40,978.75 885 PAYROLL FUND 142,275.53 887 FLEX BENEFIT FUND 189.00 TOTAL ALL FUNDS 1,364,759.08 BANK RECAP: BANK NAME DISBURSEMENTS ---- ---------------------------- BANK CHECKING ACCOUNT 1,364,759.08 TOTAL ALL BANKS 1,364,759.08 CITY OF COLUMBIA HEIGHTS GL060S-V06.74 RECAPPAGE GL540R 58 CITY COUNCIL LETTER Meeting of September 22. 2008 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL - ~ f` ITEM: Adopt Resolution For BY: Gary Gorman BY: /;;• ~ ~ Revocation ` ° ~' ``°~~ DATE: September 16, 2008 DATE: NO: 08-215 to 08-223 Revocation of the License to operate a rental unit within the City of Columbia Heights is requested against rental properties at 2008-215 2008-216 2008-217 2008-218 2008-219 2008-220 2008-223 - 1815 42°d Street - 1401 42-1/2 Street - 4647 Polk Street Street - 4038 Madison Street - 4029-31 2°a Street - 1020 44t" Avenue - 4100 Reservoir Blvd for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2008-215, 216, 217, 218, 219, 220, and 223 being ample copies available to the public. RECOMMENDED MOT10N: Move to adapt Resolution Numbers 2008-215, 216, 217, 218, 219, 220, and 223 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. COUNCIL ACTION: 59 RESOL UTION 2008-215 Resalution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by James W. Gilbert (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 181 S 42°d Avenue 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 Haider on September 9, 2008 of an public hearing to be held on September 22, 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 July 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 September 9, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to schedule a rental property inspection. b. 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 F8521 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. Passed this day of 2008 ~o Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 61 RESOLUTI.ON 2008-216 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 U.S. Bank National (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1401-03 42-1/2 Avenue 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 September 8, 2008 of an public hearing to be held on September 22, 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 July 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 September 8, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- Wlt: a. Failure to submit renewal rental license application and fees 4. That all parties, includ'ang 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 The rental license belonging to the License Holder described herein and identified by license number F8571 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; 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. Passed this day of 2008 62 Offered by: second by: Rall Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 63 RESOLUTION 2008-217 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) ofthat certain residential rental license held by Henrique C. Dos Anjos (Hereinafter "License Holder"}. Whereas, License holder is the legal owner of the real property located at 4647 Polk 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 September 9, 2008 of an public hearing to be held. on September 22, 2008. Now, therefore, in accordance with the foregoing, and ali 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 July 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 September 9, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wn: a. Failure to schedule a rental property inspection. b. Failure to submit renewal rental license application and fees 4. That aii parties, including the License Holder and an_v 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 F8689 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. Passed this day of 2008 64 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 65 RESOLUTION 2008-21.8 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 Aaron Holbeck (Hereinafter "License Holder"}. Whereas, license holder is the legal owner of the real property located at 4038 Madison 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 September 9, 2008 of an public hearing to be held on September 22, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations ofthe City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about July 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 September 9, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to schedule a rental property inspection. b. 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 The rental license belonging to the License Holder described herein and identified by license number F8'72I 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. Passed this day of 2008 66 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 67 RESOLUTION 2008-219 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 Bob Landucci (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4029-31 2°d 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 September 8, 2008 of an public hearing to be held on September 22, 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 July I5, 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 September 8, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following col?ditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to submit renewal rental license application and fees 4. That all parties, including the License Nolder and any occupants or tenants, have been gives? the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and 5A.303(A). ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number F8566 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. Passed this day of 2008 68 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 69 RESOLTJTION 2008-220 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 Leslie Lindquist (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1020 44`" Avenue 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 September 8, 2008 of an public hearing to be held on September 22, 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 July 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 September 8, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- WIt: a. 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 F8705 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. Passed this day of 2008 ~o Offered by: Second by: Roli Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 71 RESOLUTION 2008-223 Resalution 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 Greenpoint Mortgage Funding (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4100 Reservoir Boulevard 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 September 9, 2008 of an public hearing to be held on September 22, 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 July 15, 200$, 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 September 9, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Off ce, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wn: a. Failure to schedule a rental property inspection. b. 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 F8659A 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. Passed this day of 2008 ~z Offered by: Second by: Roll Cail: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk ~~ CITY COUNCIL LETTER Meeting of September 22, 2008 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY Abatement ~ ~ ~ / DATE: September 16, 2008 DATE: NO: 08-225 to 08-227 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested. regarding property at 2008-225 - 1200-02 Circle Terrace Boulevard 2008-226 - 962 42-1/2 Avenue 2008-227 - 4254 2°d Street for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2008-225, 226, and 227 there being ample copies available to the public. RECOMMENDED MOTION: Move to adapt Resolution Number 2008-225, 226, and 227 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. COUNCIL ACTION: 74 RESOLUTION 2008-225 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 Michelle A. Kelly (Hereinafter "Owner of Record"}. Whereas, the owner of record is the legal owner of the real property located at 1200-02 Cirlce Terrace Boulevard 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 September 4, 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 an inspection was conducted on the property listed. above. Inspectors found three violations, A compliance order was sent via regular mail to the owner at the address. 2. That on September 4, 2008 inspectors re-inspected the property listed above. Inspectors noted that three violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on September 10, 2008 inspectors reinspected the property and found that three violations remained. uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall paint the front door B. Shall remove the brush piel in the back yard behind the shed C. Shall scrape and paint the fascia 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 Cade Section 8.206(A} and 8.206(B}. CONCLUSIONS OF COUNCIL 1. That the property located at 1.200-02 Circle Terrace Boulevard 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, 75 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 1200-02 Circle Terrace Boulevard N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk. 76 RESOLUTION 2008-226 Resolution of the City Council for the Crty 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 Vicente Lopez-Mendoza (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 962 42-1/2 Avenue N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter $, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 25, 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 17, 2008 an inspection was conducted on the property listed above. Inspectors found one violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 4, 2008 inspectors re-inspected the property listed above. Inspectors noted that three violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on September 10, 2008 inspectors reinspected the property and found that three violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A, Shall remove the dead tree (tree stump) in the yard on the, east side of the drive to within 2-4 inches below ground level 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 That the property located at 962 42-1/2 Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2, That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, 77 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 962 42-1/2 Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this day of 2008 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clem %8 RESOLUTION 2008-227 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 Stephanie Carr (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4254 2°d Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 27, 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 22, 2008 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 27, 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 September 1 I, 2008 inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall repair the yard next to the alley where cars have been illegally parking on the lawn/landscaped area 5. That all parties, including the owner of recur°d 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 That the property located at 4254 2°`~ Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2° That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3, That all applicable rights and periods of appeal as relating to the owner of record, occupant, 7y or tenants as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4254 2°d Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon. all relevant parties and parties in interest. Passed this day of 2008 Offered by: Second by: Roll Catl: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk so