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.