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HomeMy WebLinkAboutSeptember 8, 2008OFFICIAL PROCEEDINGS CITY OF COLUMBL4 HEIGHTS CITY COUNCIL MEETING '7:00 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 Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. All Ordinances and resolutions acted upon this evening may be found at the end of this document. CALL TO ORDER/ROLL CALL/INVOCATION/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. Roll 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 221St 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. 2008-211 being a Resolution regardingthe funding of the Fridley Northstar Commuter Rail Station (removed from consent) B. Approve minutes of the August 25 2008 Columbia Hei htg s 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. City Council Agenda Monday, September 08, 2008 Page 2 of 24 D. Approve the transfer of funds from the General Fund to the Police Department Bud eg t 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. AdoRt 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 Cit~Mana eg is spending authority for the construction of a Public Safety Building_(removed from consent) H. Approve Ordinance 1535, relating to General Provision Definitions, to clari the positions of City Clerk and City Treasurer (removed from consent) I. 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 far Solicitor's Lice~ises (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: Adopt Resolution No. 2008-211 being a Resolution regarding the fimdin~ of the Fridley 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, 2008 Page 3 of 24 2008-211, being a Resolution regarding the funding of the Fridley Northstar Commuter 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 SOt" Avenue at Central and milling/overlay of 5`" Street from 40`" to Huset Parkway and Jefferson from 37`" 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. 2008-181, 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, being a Resolution setting the City Manager'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, City Council Agenda IVionday, September 08, 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 for 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 clarify the positions of City Clerk and City Treasurer Councilmember Nawrocki stated that in the City Charter, Chapter 3, Section 25, it states: "The council shall 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 Cau~ncilmember Diehm, to adopt 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 2008-198, 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 for 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. City Council Agenda Monday, September 08, 2008 Page 5 of 24 Jim 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 City Code 2005. Roll. call vote: Ayes: Williams, Dielun, 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 license 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 else 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 far Mr. Matthew Herrick and Mr. John Norton as recommended by the Police Chief. Roll call vote: Ayes: Williams, Dielun, 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 Hei.~hts. City Council Agenda Monday, September 08, ?008 Page 6 of 24 Fire Chief Gary Gorman reviewed the violations of the above properties. Deb Johnson, 4626 Pierce St, asked if the purchase agreement went through for 4631-33 Pierce Street. City Manager Fehst responded yes. There was discussion ot1 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 46t" 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. Adapt Resolution No. 2008-207, approval of a Conditional Use Permit for an assisted living facility 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 Home 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. City Council Agenda Mondays 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 Home is null and void, how could this be grandfathered in. Councilmember Nawrocki referred to the Plarming 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 35% of the property can be covered with hard surface materials. Councilmember Nawrocki asked Mr. Sargent to estsmate the amount of coverage that the New Perspectives project would have (approximately 50%}. City Attorney, Jiln 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 1557, 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. 1557 presented tonight would repeal Ordinance 1546, which established the moratorium on the issuing of residential rental licenses. There are currently 30 known properties that are waiting for rental license approval. 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. 1557, 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 adopting a Proposed Budget for the Year 2009 Setting the Proposed City Levy Approving the HRA Lev~pproving a Tax Rate Increase and Establishing 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 for 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 27th 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 1Nlurzyn Hall improvements, increasing the total levy for 2009 to 73% 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 Cameral, 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 former employee Jean Kuehn in Administration. He again stated the council needs to prioritize 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 $267,561 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 investments and our community. City Council Agenda Monday, September 08, 2008 Page 9 of 24 Mayor Peterson asked for comments from the public. Bob Odden, 42 %2 Avenue N.E., spoke on the issue of owning a house (vs. renting one). He stated the city should be preparing far a recession. People here in the Heights are preparing for a recession. Regarding the Police Department wanting more peopleis this the time? 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 Inter 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 2008-210 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 1, 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. Naves: Nawrocki Ayes: 3 Naves: 1 Motion passed. First Reading of Ordinance 1558, Regarding_Abolishing 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 26th 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 or 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 many 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 leas 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 City Council Agenda Monday, September 08, 200$ Page 10 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 Cade 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 Business -None AD1ViIlViSTRATIVE 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. CITIZEN5 FORUM Harold Netkow, 1160 49`x' Avenue N.E., stated he knew Taco Beil had approached the city before. He is happy to see new construction on that site happening now. Regarding the 37`h Avenue and Central Avenue development, he asked about semi trucks using the alley for loading and unloading, making it difficult for homeowners to get around. Joanne Student, 1615 49`" Avenue N.E., spoke on numerous items including council decorum (i.e., time limit for open mike, introducing council candidacies during 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. City Council Agenda Monday, September 08, ?008 Page l l of 24 Councilmember Nawrocki 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. He stated that the 1996 action of Congress took away a lot of the authority of the local cable franchising far groups like the city, and in his view was a license to steal. At Jackson Street, near the Public Safety Building site, now there is no way to get out legallyo Regarding federal grants, he asked how the plaza tied in and if there was anything in the grants that affected the ability to use the plaza for the bank. A speed bump question from a resident living on Stinson was asked to be referred to the Traffic Commission. He again stressed the need for the council to prioritize the needs of the city. City Counci[ Agenda Monday, September 08, 2008 Page 12 of 24 RESOLUTION N0.2008-211 A RESOLUTION REGARDING THE FUNDING OF THE FRIDLEY NORTHSTAR COMMUTER RAIL STATION WI-IEREAS, 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 WFIERF.AS, the NCDA is constructing amulti-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 ~'I IEREAS. construction of a commuter rail station in Fridley would be beneficial to those working and residing in the City of Columbia Heights; and WHERF,AS, 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 Heights requests that the Counties Transit Improvement Board provide the grant funding requested for completion of the Fridley Station. RESOLUTION NO. 2008-181 RESOLUTION ACCEPTING BIDS 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 Base Bid Alt 1 Alt 2 Base Bid with Alt 2 Midwest Asphalt Corp. $937,401.84 $4,961.90 $14,958.00 $952.359.84 Thomas and Sons Construction, Inc. $983,897.37 $4,679.00 $15,415.95 $999,313.32 North Valley, Inc. $1,053,874.68* $6,550.00 $39,129.00 $1,093.003.68* Hardrives. U7c. $1,060,787.44* $4.384.00 $14,418.75 $1,075.206.24* Amt Construction Co., Inc. $1,063,510.82* $4,860.00 $13,616.04 $1,077,126.86* Landwehr Construction, Inc. $1,066,420.96 $6,050.00 $18,01.1.00 $1,084,431.96 Forest Lake Contracting, Inc. $1,121,540.34* $5,060.00 $21,064.00 $1,142,604.34* * denotes corrected bid. WI-IEREAS, 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 o1' 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 Stann Water Utility Construction Funds. City Council Agenda. Mondayf September 08, 2008 Page 13 of 24 RESOLUTION N0.2008-19'7 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 1T RESOLVED 6y 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 I-Ieights 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 ]through Chapter 11 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 shall apply to all sections of the City Code that reference City Clerk-Treasurer. TRE.=ISURER. The Columbia Heights Finance Director. CfTI' CLERK. The Columbia Heights Ciry Clerk CLERK. The Columbia Heights 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 hereat3er 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 ordinancese § 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 j 1'he Finance Department shalt be the custodian of all documents and records assessable to the public and shalt 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) 'Che Finance Department shall perforce such other duties and functions as may be required by law, by enactment of the Council, or as may be designated by the Manager. City Council Agenda Monday, September 08, 2008 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 store operations as authorized by ~4.~01 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 office, and shall perform all duties required by law relating to the conduct of elections in the city. (D} The City Clerk shall 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-tifihs vote of said Council. § 3.303 MERIT BOARD. (B) The Merit Board shall be composed of five members from among residents of the city. (I) 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. (2) Each Board member shall subscribe to and file :vith ±he 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 tiled with the Treasurer and made available for 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 I 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 benefitted 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 for 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 I 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. 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 1 of each year, for Council action pursuant to the provisions of this chapter. § 4.106 WEED REMOVAL. (B) T'he '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 before October l 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. (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 JUNK 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 he 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. § SA.505 COST RECOVERY. (B) The Treasurer shall establish an improvement fund for the administration of 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 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. (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 I 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 I Iealth Authority in review and approval of plans shall be set forth in Minn. Rules, Chapter 4725, We11s 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 tl~e 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. § 7.203 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 application therefore 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 of each 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: (1 } 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 9rom a qualitied veterinarian that such animal hoc been spayed or otherwise rendered sterile. City Council Agenda Monday, September 08, 2008 Page I 6 of 24 (4) Such other information as the Council shall reasonably require to determine animal 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: (I } The Council may, in its discretion, provide for a pro rata payment of license fees where the applicant provides 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 ~mneutzred 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 fee 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 following prescribed manner: (1) The owner of the animal shall present the original license together with an affidavit 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 IMPOUNDMENT. (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 owner of any impounded animas 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 boarding tees as shall be (E) determined by the Council for such time as the animal has been confined. T'he Poundmaster shall not release any animal unless the owner thereof shall first purchase a license for the said anima? as provided in § 8.101. (F) Any animal which is unclaimed by the rightful owner within the prescribed time may be sold to anyone desiring to purchase said animal, ifnot requested by a licensed educational or scientific institution under state law. (1) All sums received in excess of costs shall be held by the Treasurer 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 shall 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. IA) 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 tiled in the office of the City Clerk. § 8.606 EMERGENCY REGULATIONS. (B) Every resolution of emergency regulations shall be in writing: shall 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 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 Hall 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. (B) Payment ~f franchise fee. (I } 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) All 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 Properly 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 .Ianuary 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 l) Initial Building Inspection Fee of $160.00 applicable to all properties: a} Not Licensed since January 1, 2006 or; b) Properties where a license transfer has been requested. 2} The aforementioned fee is in addition to the Rental License Foes 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 (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 5045 Johnson Street, Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 20, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations oi'the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT That on July 15, 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. I3. Shall repair the retaining wall railing that is on the retaining wall. City Council Agenda Monday, September 08, 2008 Page 18 of 24 C. Shall 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 accupants or tenants, have been given the appropriate notice of this hearing according to the provisions ofthe City Code Section 8.206(A} and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at X045 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 duty 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 X045 Johnson Street constitutes a nuisance pursuant to City Cade. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2008-200 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 11, 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, 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 1~, 2008 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on August 14, 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 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 folloEVing conditions and violatiors of City Ccdes,s) were f and to exist, to wit: a. Shalt repair or replace the broken garage doors. ~. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 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 ofthis order shall be served upon all relevant parties and parties in interest. RESOLUTION 2008-201 Resolution of the City Council f`or the City of Colwnbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5A.408(A) of that certain residential rental license held by Ita Ekah (Hereinafter "License Holder"}. 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 ~A. 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 19, 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: FINf~INGS OF FACT 1. That on or about June 15, 2008, inspection office staff sent a letter requesting the owner of the property to renew the rentat 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 file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at t17e 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 ~A, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. T'he rental license 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 ~A, Article IV. Section 5A.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`h Avenue N.E., Columbia Heights, Minnesota, Whereas. pursuant to City Code, Chapter SA, Article 1V, Section SA.408(Bj, written notice setting forth the causes and rezuons 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 with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Ileighis makes the following: FINDINGS OF FACT 1. That on May ~, 2008 inspectors for the City of Columbia Heights, inspected the 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 I-Ieights 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 acrd 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 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. 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 Office, 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 tower level smoke detector that is chirping. d. Shall 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, 681 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 ~A, Article III SA.306 and 5A.303(A). City Council Agenda Monday, September 08, 2008 Page 20 of 24 ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F89'76 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 1, Block 1, Hart Lake Addition. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.109 (G)(3)(ij, 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 `Coning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. ~. 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. 5. 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 dvill be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 7. The use wil( 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 for 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 ooze /!) calendar^ vear after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All required state and local codes wilt 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 VARIANCE 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 Zoning Code at the following site: City Council Agenda Monday, September 08, 2008 Page 21 of 24 ADDRESS: 3801 Hart Boulevard LEGAL DESCRIPTION: Lot I, Block 1, Hart Lake Addition. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 19-foot front yard setback variance 1:or 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 tire, 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: l . Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specif c parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 2. 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. 5. 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 (I) calendar year after the approval date, subject to 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 5A.401, ON PROPERTIES NOT LICENSED SINCE JANUARY 1, 2006" On May 12, 2008 the Columbia Heights City Council approved Ordinance No. 1 X46 declaring "An Interim Ordinance Establishing a Moratorizrnz On the Issuance of Residential Rental Occzzpancv Licenses, Per• City Ordinance Section SA.=101, On Properties Not Licensed Since January 1, ?006", 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 forcciosure 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, 2008 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 Offrcia(, and; Whereas. the City Council on September 8, 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 RESOLVED, As evidenced by this resolution, the Columbia Heights City Council terminates the rental license moratorium as described in Ordinance No.l X46, 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. RESOLUTION 2008-210 RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE YEAR 2009, SETTING THE PROPOSED CITY LEVY, APPROVING THE HRA LEVY, APPROVING A TAX RATE ICR SE, AND ESTABLISHING A BUDGET HEARING DATE FOR PROPERTY TAXES PAYABLE IN 2009. rage ~~ ui ~4 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 Genera{ Fund 9,652,718 Community Development Fund 645,309 Economic Deve{opment 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 City Council Agenda Monday, September 08, 2608 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, for the following purposes: Estimated General Fund Levy 6,675,262 Estimated Library Levy 573,215 Estimated EDA Fund Levy 80,000 Tatal 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 City 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 Cierk 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 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 FII2E 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 FIl2E CIVIL SERVICE COMMISSION: (A) The Joint Police and Fire Civil Service Commission is hereby established pursaant to the provisions of MS. 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 of 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.