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HomeMy WebLinkAboutNovember 10, 2008OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING NOVEMBER 10, 2008 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, November 10, 2008 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. Resolutions may be found at the end of this doczament. CALL TO ORDER/ROLL CALL/INVOCATION Rev. Dave Briley, Oak Hill Baptist Church, gave the Invocation. He told a story of a Polish immigrant couple that was allowed to vote for the first time in this election. Present: Mayor Peterson., Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson added the presentation of Gym. Facility Update, by Joe Primus, Kathy Kelly, and Missy Lee. Nawrocki requested to remove items E, G, H, and I from the consent agenda PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS AND GUESTS A. Proclamation -Homelessness Awareness Month Mayor Peterson read the Homelessness Awareness Month Proclamation. B. Proclamation -American Education Week Mayor Peterson read the American Education Week Proclamation. He presented it to Missy Lee, Chairperson of the Columbia Heights School Board. She thanked everyone on behalf of the School Board, Superintendent of Schools, Staff and the students. Nawrocki requested recognition of Veterans Day tomorrow, for those that have given their lives in service of our country. Peterson agreed and asked everyone to acknowledge members of our military with a thank you when you see them. C. Update -Gym facility Joe Primus, District Finance Officer, showed pictures of the gym ground breaking, featuring the drum. corps, the architects describing the project, and the "shovel" pictures. He described earth and utility work and pool improvements completed in July and August. September work included footings, block work, brick, and fire protection work. October work included brick, block mechanical systems, steel arrival, cement in the west gym, and AVID class tour of site. Primus thanked the students, staff, parents, and citizens for their patience. Peterson thanked. Mr. Primus for his work on this project, along with Superintendent Kelly, and the School Board for their cooperation. Kathy Kelly, Superintendent of Schools, stated that working on this project collaboratively has been a dream. A lot of people have cooperated to accomplish this. This has synergized the community and now we will begin the process to develop the programs. Peterson stated there will be a community celebration at the end of the construction. He reiterated the hope that everyone in the community uses the facility. CONSENT AGENDA City Manager Walt Fehst took Council members through the Consent Agenda items. A. Approve the minutes of the October 27, 2008 City Council meeting. Motion to approve the minutes of the October 27, 2008 City Council meeting. B. Approve minutes of the October 29 2008 emergency City Council meeting. Motion to approve the minutes of the October 29, 2008 emergency City Council meeting. C. Accept the minutes of Columbia Heights Boards and Commissions. Motion to accept the minutes of the HRA regular meeting of April 22, 2008. Motion to accept the minutes of the Planning and Zoning Commission meeting of November 5, 2008. D. Adopt Resolution 2008-277 being a Resolution canvassing municipal gLeneral election returns. Diehm questioned the security of our ballots. City Clerk Muscovitz indicated the procedure used to protect the ballots and election integrity. Peterson stated that percentage of registered voters that voted last Tuesday in Columbia Heights was 93.47 percent. That says a lot for our community. The turnout was marvelous. Motion to waive the reading of Resolution No. 2008-277, there being ample copies available to the public. Motion to adopt Resolution 2008-277, being a Resolution canvassing municipal. general election returns. E. Adopt Resolution 2007-279 being a Resolution canceling the Monday, December 22, 2008 City of Columbia Hei hg is regular City Council meeting. -removed F. Approve the Transfer of Funds from the General Fund to the Police Department Budget to Reimburse the Overtime Fund re: Off-Duty Employment Assignments Motion to transfer the $735.84 received from ICC, the $984.57 received from Unique Thrift, the $709.56 received from CHHS, and the $131.40 received from James Kotten for a security detail at ICC for a total of $2,561.37 from the General Fund to the Police Department 2008 Budget line item 1020, Police Overtime. G. Grant agreement with ISD #13 for After-School Community Learning Grant -removed H. Establish John P. Murzyn Hall rental rates for 2010 -removed I. Approve agreement for printing publishing and distributing the City newsletter. - removed J. Adopt Resolution 2008-278 being a Resolution requesting additional time within which to complete the Comprehensive Plan Review. Nawrocki questioned what the delay has been. Scott Clark, Community Development Director, stated there is a statutory requirement to review the Comprehensive Plan. The next stage will be to ask for Council approval to send a draft to other communities for their review. Diellm questioned who provides our review for other communities. Clark stated that would be Jeff Sargent, City Planner. Diehm asked for a summary of how other communities are addressing housing in their comprehensive plan. Clark indicated staff intends to address the City Council on housing strategies for 2009. Motion to waive the reading of Resolution 2008-278, there being ample copies available to the public. Motion to adopt Resolution 2008-278, being a resolution approving the request of additional time within which to complete the Comprehensive Plan review obligations for the City of Columbia Heights. K. Approval of the attached list of rental housing license applications, in that they have met the requirements of the Propert~Maintenance Code. Motion to approve the items listed for rental housing license applications for November 10, 2008. L. Approve Business License Applications -removed 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 127901 through Check Number 128102 in the amount of $1,213,907.23. Motion by Diehm, second by Kelzenberg, to approve the Consent Agenda items, with the exception of items E, G, H, and I. Upon vote: All ayes. Motion carried. E. Adopt Resolution 2007-279 being a Resolution canceling the Monday December 22 2008 City of Columbia Hei hts regular City Council meeting. Nawrocki felt we should keep that meeting date to discuss housing issues, the City Manager's review, and to handle end of the year bills. Diehm stated that traditionally we have cancelled that meeting. We should proceed with the Manager's review, but that would be in a private session. Nawrocki stated that when the meeting was cancelled in the past, the holiday was up against the meeting date. Motion by Diehm, second by Williams, to waive the reading of Resolution No. 2007- 279, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution 2007-279, being a Resolution canceling the Monday, December 22, 2008 City of Columbia Heights regular City Council meeting. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. G. Grant agreement with ISD #13 for After-School Community Learning Grant Nawrocki stated he did not intend to remove this item for discussion. Motion by Diehm, second by Kelzenberg to waive the reading of Resolution No. 2008- 273, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, adopt Resolution No. 2008-273, being a resolution authorizing Execution of Agreement with Independent School District #13 Upon vote: All ayes. Motion carried. H. Establish John P. Murzyn Hall rental rates for 2010 Nawrocki stated the rates did not increase. Motion by Nawrocki, second by Diehm, to adopt the 2010 John P. Murzyn Hall rental rates, as outlined by the Park and Recreation Commission at their meeting of October 28, 2008. Upon vote: All ayes. Motion carried. Approve agreement for printing, publishing, and distributing the Citv newsletter. Nawrocki stated that we should be looking for ways to save money, not spend more. Changing from black and white to color is a difference is $10,000. Nawrocki asked if the $26,000 covers the salary of Ruth Dunn and the mailing. Keith Windschitl, Recreation Director, indicated this is the printing, mailing, and tax. Nawrocki questioned if the Northeaster was contacted regarding the cost to include our newsletter in their distribution. Windschitl indicated that their cost is based on weight. He stated that postage will possibly increase next year. Nawrocki again asked if this covers Ruth Dunn's salary. Windschitl indicated that is $4,400 a year. Nawrocki suggested the Recreation Department put the entire document together and it be printed in black and white to save about $15,000. Diehm asked if the School District could give us information on the service they use. She also questioned putting the newsletter on-line only. However, the newsletter does give residents, especially new residents, useful information. Nawrocki indicated that he started the newsletter and that the saving of $15,000 should be considered. Most papers are black and white, and the public still gets the information. Kelzenberg stated that this has been discussed by Council, with a majority requesting to use the proposed style. Motion by Diehm, second by Kelzenberg, to enter into an agreement with Nystrom Publishing for printing, publishing, and distributing the City newsletter based upon their proposal of $7,266.73 per issue for four publications in 2009 and four publications in 2010; and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. Peterson indicated he just received the School District newsletter. Color adds a lot to it. It becomes a piece of information you return to. Williams asked the School District and School Board to be added as a feature article in our newsletter. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. J. Approve Business License Applications Nawrocki asked the City Attorney if he should abstain from this vote, as he is an officer of the VFW organization. Jim. Hoeft, City Attorney, indicated that if he does not receive remuneration from the club as an officer, he may so vote. Whether he feels it is appropriate as an officer to vote, that is up to Councilmember Nawrocki; but abstention it is not required. Motion by Diehm, second Kelzenberg, to approve the items as listed on the business license agenda for November 10, 2008 as presented regarding the licenses for 2008 and 2009. Upon vote: Kelzenberg, aye; Williams, abstain; Diehm, aye; Nawrocki, aye; Peterson, aye. 4ayes - 1 abstention. Motion carried. PUBLIC HEARINGS A. Adopt Resolutions 2008-274, 1731-33 37th Avenue N.E., and 2008-275, 4544-46 Fillmore Street N.E., being Resolutions of the City Council of the City of Columbia Heights approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Fire Chief Gary Gorman described issues at the properties: 1731-33 37th Avenue -repair of kitchen cabinets. 4544-46 Fillmore Street -five items on exterior of building as listed. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution Numbers 2008-274, and 2008-275, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution Numbers 2008-274, and 2008-275, being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental licenses listed. Upon vote: All ayes. Motion carried. . B. Adopt Resolution 2008-276, 961 37th Avenue N.E., being a declaration of nuisance and abatement of violations within the City of Columbia Heights. Chief Gorman described issues at the property: 961 37th Avenue N.E. -eight items on exterio~° as listed. Williams asked if this property is vacant. Gorman stated yes. Diehm asked if the property owners name was left out. Gorman stated the name, Citi Residential Lending, should be included. Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of Resolution Number 2008-276, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams to adopt Resolution Number 2008-276, being a resolution 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 $.206. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1st Reading of Proposed Ordinance #2008-1559 Abandoned Property Sheila Cartney, Community Development Assistant, stated the second reading of this ordinance would be November 24. She indicated that this was discussed at a work session meeting, and an ordinance was drafted and reviewed by the City Council. The Board of Appeals was changed from the Planning and Zoning Commission to the City Council. This ordinance will target abandoned properties anywhere in the city. If the property is declared vacant, the City will revoke the certificate of occupancy. Changes can be made to such a property, but occupying it would not be allowed. Staff will notify any one that was involved with the property and post the property. To regain the certificate of occupancy, it would be necessary to apply for an inspection. If City Code is rnet, a certificate of occupancy would be issued. If corrections are required, they must be completed prior to occupancy. Cartney referred to the inspector's check list and information gathered from other cities, as requested. Clark stated that, in Anoka County, we are the number one for foreclosures in a city of substantial size. We have 7'/2 percent in foreclosure from January 1 to present. About one of every 13 homes is in foreclosure. The potential for the number of homes that could come back online, without control, is significant. We are seeing properties that do not look bad from the outside, but when abandoned for a long period of time, they are vulnerable to vandalism or deterioration. In 2009, we estimate another 100 homes that will be vacant. This is an important ordinance. Nawrocki referred to the handout referencing what other cities are doing, stating it does not include other local communities. Cartney stated that Minneapolis and St. Paul have this type ordinance, in a more stringent regard. Clark stated that in some other communities foreclosures are covered under their Point of Sale ordinance. Our ordinance would deal with only abandoned properties. Nawrocki indicated he would like to speak to other communities that have this. Fehst stated that about a dozen other cities include this under their Point of Sale program. Nawrocki stated his belief that this would lead to a future Point of Sale program. Diehm stated that it is important to have a mechanism to deal with vacant properties, i.e. pipes being stolen, or someone can come in and buy the property and then people are living in substandard buildings. We need to rely on State Statutes and building code standards on this. Diehm indicated that she would like to see more work done on the definitions. Hoeft stated there are two tiers included; it can be vacant and must tie in to one of the A-H criteria. Diehm stated that we have an obligation to revoke the certificate of occupancy if the property is uninhabitable. There is no appeal time period indicated, and we want that handled quickly, to correct the situation and reissue the certificate. Clark asked for a suggested time period. Diehm stated that with this ordinance there is no opportunity to respond to a possible error. She indicated that 60 days is standard. Peterson referred to Nawrocki's comment that this is a way back to a Point of Sale ordinance. There is no one that wants to bring that back. It was in error to pursue that. This is different and addresses problem properties. Diehm stated she is not opposed to a Point of Sale program that is well drafted and presented in a correct way. She agreed that this is completely different and has nothing to do with the RIBS ordinance. Nawrocki indicated he cannot disagree with Councilmember Diehm, that there may be merit if addressed properly, with a Iot of corrections. Nawrocki stated he wanted to be assured that if a house was vacant because the sellers had moved and were not able to find a buyer, that they would not have a complicated process to sell their home. Clark stated that is why item G was added, requiring a delinquent utility shutoff. Nawrocki stated concern about standards for the code. There is nothing to differentiate the code from when it was built and now. Clark. stated this is comparative to rental inspections. We are looking for safety and structural integrity. Nawrocki stated. he attended the meeting for rental owners and they discussed what code was used. He questioned what if the code was interpreted different later on. Diehm stated that they could appeal.. Hoeft stated this is no different than our current ordinance and code that is in place. If that changes in the future, we would apply the same standards we do now. Nawrocki questioned the definition of health and safety. Hoeft stated there will always be an interpretation of the code. He has been contacted by other communities that wish to use our ordinance as a model. Nawrocki questioned rental property inspections. Clark stated that there are always areas of interpretation. The Fire Department has focused their attention on safety and habitability. An example would be that the Fire Department makes sure that if there was an issue with water in a basement that it is no longer there. We would be concerned about the amount of times this happened and the source. Nawrocki questioned the charge for the inspections. Clark stated the recommendation would be a flat fcc of X200 for a minimum of two inspections, or whatever is required; estimating about three to four hours of time. This would be monitored in 2009 and would. be revisited in 2010. It is prudent for the City to cover their costs. Nawrocki stated that this ordinance is different than the one presented at the realt'rs meeting. Cartney indicated this has the changes requested by the City Council. Williams stated this is a totally different ordinance than the RIBS document. If anyone has questions, please bring them. forward so this document is the best it can be. Bob Odden, 1201 42'/2 Avenue, stated that we have foreclosures because of development that did not sell. Peterson asked that comments refer to the abandoned property ordinance. Odden stated that safety and health can be anything. Clark stated they would be structural questions and may require a structural engineer's review. Fehst stated that the Building Official has this authority. Diehm indicated that we are looking at our housing code standards. Odden stated there should be a list of items. Hoeft stated there will never be an all inclusive list. These are the same standards as used for rental license revocation and abatement procedures. Odden gave an example of a resident that indicated he was wronged. He suggested there not be an appeal process, but rather a jury trial. Hoeft stated there is due process under the current code. Diehm stated that the first provision placed the appeal with the Plarming and Zoning Commission. We asked for a higher level of accountability, for the appeal to come to us, as elected officials. Odden questioned the punishment and the cash escrow. Hoeft stated that the City Code penalty would be a misdemeanor. Clark stated that the escrow portion would be expanded in the second reading, including a letter of credit or proof of a banker's loan. Odden stated the only way to know if a property is safe is to turn the utilities on. Clark stated that, by City Code, if the utilities are shut off the Building Official can declare the property uninhabitable. Nawrocki stated that "utilities" includes more than just city services. Hoeft indicated that would be part of the process. Nawrocki questioned if an occupant does not pay their bill, but continues to live in a house. Hoeft stated that we would turn the water off at the end of the year and we can declare it uninhabitable. Terry Barber, 3848 2°d Street suggested combining the School District and City newsletter to save postage. Fehst stated that the time frames are different. Barber indicated that the mortgage companies should be responsible to board up and maintain foreclosed properties or we should put alarms on them. Clark stated we do not want the homes boarded up. Peterson stated that they are not our property. Hoeft stated the best notification system we have are the neighbors. Gregory Sloat, 4731 6`" Street, indicated this may force new buyers to look elsewhere. Diehm stated that the alternative is to let people buy severely deteriorated homes. We have people in these homes now and have no right to say anything. Diehm stated that without this ordinance we can not remove the certificate of occupancy. We can not "pick on" foreclosed properties. Staff did give us information from places like Chicago, etc. Sloat indicated the fear that this could lead to the RIBS program again. Diehm stated that any changes would again require two reading. Sloat suggested notification to property owners before pulling the certificate. Peterson stated that once it fits our criteria, that would be required. We are addressing the problem of abandoned and foreclosed property. Most people do not want to live next to properties that are decrepit. As for suggesting alarms, ca11911 if you suspect any wrong doing. Clark stated that this ordinance will make sure that homes have minimum standards. Williams referred to the City's external goals to improve the City's housing stock. Tim Utz, 556 40t" Avenue, questioned if the current abatement program covers private property. Hoeft stated yes, however assessments take care of problems and is a reactive process. We want to be pro-active. Utz referred to the six month period for an owner to re-establish ownership. He suggested a moratorium of five years for the RIBS program. Fehst stated that moratoriums are limited to six months with a six month extension and are for specific land use issues. The public is always notified of agenda items. Utz asked who would do the inspections and how this applies to commercial property. Clark stated the intent for 2009 is for our inspector to do this program and this would include commercial property. Donna Schmitt, 4260 Tyler Street, referred to foreclosure statistics for the year, which are different from the North Metro Realtors Association. We don't have the inspection requirement that other towns have, and therefore have more sales because we allow people to buy homes and fix them. She referred to the opportunity to fix up a home. Clark. indicated that these homes and are not simple to fix up. Peterson agreed that a home to fix up is a wonderful thing, but we want them to be safe. The cost for inspections must be justified. We could charge nothing and the general taxpayer would be responsible for the cost. Diehm stated that people shopping for $70,000 homes would not pay to have a private inspection completed. This does not require an inspection - it requires the basics of water, septic service, heat, etc. Diehm stated that as long as you do not abandon your property, this ordinance will not apply to you. Peterson stated this will make for a healthy environment for people to live in. Foreclosed and abandoned properties need to be addressed. Schmitt asked what the realtors said. Clark stated it was discussed with them and their concern was whether the work precluded the sale and if escrows were allow with a temporary certificate of occupancy. Clark described a temporary certificate of occupancy. Cartney indicated that the temporary certificate was inadvertently omitted from this ordinance and would be added. Deb Johnson, 4626 Johnson, thanked staff for presenting this ordinance. This was a long time coming. Sometimes you have to just do something; you can't just study it to death. The stripping of copper is done by criminals. She stated that she does not need more criminals in her neighborhoods. If you board up the houses, you won't see the flashlights of the criminals. We have a lot of foreclosed properties. She indicated her desire that this ordinance be approved. Clark stated that we will cross reference our utility shutoffs, police reports, etc. Johnson stated that the property across from her became uninhabitable when criminals entered. Peterson indicated this is the first reading of the ordinance. The second reading would be November 24t". 30 days are required before the ordinance goes into affect. Laura Palmer, 1202 40`", asked the proper way to identify properties. Clark stated that we have a map of these properties and share it with the Police Department. Clark stated that unsecured properties can be handled by our Fire Department. Palmer questioned if there is a density ordinance in subsidized homes. Hoeft stated that would be illegal. Peterson indicated that her area is a targeted area by our officers. She stated it is working. Motion by Diehm, second by Williams, to waive the Reading of Ordinance No. 1559, there being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diel-im, second by Williams, to set a Public Hearing for the 2nd Reading of Ordinance No. 1559 for approximately 7:00 pm on November 24, 2008. Upon vote: All ayes. Motion carried. B. Bid Considerations -none C. Other Business -none ADMINISTRATIVE REPORTS Report of the City Manager Fehst handed out the Public Safety building progress report from EDS. We will receive bids on December 2 and ask for approval of them on December 8. Nawrocki stated that the dumpster at 4657 Tyler is hanging out of the yard. There is graffiti on the light pole next to the barber shop at 40t'' and Central Avenue. There is graffiti. on the wall across from the property oii Gould that we purchased. The dine on the clock on 40`" and Central is incorrect. Fehst stated that has been reported. Nawrocki asked when the newsletter would be delivered. Fehst indicated he would check on the delivery date. Nawrocki requested an updated budget with the current recommendations. Fehst asked that the Finance Director be given this request. Nawrocki stated that the newsletter is to keep people up to date and informed. We should call attention to the enforcement of no over night parking in the newsletter. Peterson stated that information is on our cable channel and warning letters are placed on cars iil the street. Report of the City Attorney -nothing to report CITIZENS FORUM Donna Schmitt asked when the next budget meeting would be held. Nawrocki stated that would be December ls` for the Truth in Taxation hearing. Schmitt questioned when the Planning and Zoning Commission will receive the proposed Comprehensive Plan. Fehst indicated he would check on this. Schmitt reminded everyone that campaign signs must be removed by Friday. COUNCIL CORNER Kelzenberg • Thai~lced the School Board Chair, the Superintendent of School, and School District Finance Officer for staying through the entire City Council meeting. Williams • Thanked everyone for their support in the election. It is an honor to serve this community. We have great open mike sessions; if anyone has better ideas, contact him.. He also thanked Kathy Kelly, Joe Primus, and Missy Lee for staying through this whole meeting. We may look at a joint newsletter. Diehm • Congratulated the Mayor, Bobby Williams, and Bruce Nawrocki on their re- election. Read a comment from the green sheet on how well the elections are run in our community. She thanked the City Clerk for her work on the elections. Nawrocki • Thanked the voters in the community for allowing hirr~ to continue to see ve. He requested that pros and cons of all items be presented by staff. He gave comments about the procedure for setting meetings and work sessions. He asked that work session minutes be placed on our cable station. Peterson • Thanked the voters for the continued opportunity to serve them. He enjoys working with this staff and commended the City Manager for having some of the best staff that you can put together, • Indicated pride in our community, as 93.47 percent of registered voters voted on Tuesday. • Leaving tomorrow for the National League of Cities conference. Williams will do the Mayor's report. • Don't forget our service men and women for putting their lives on the line; remember Veterans day tomorrow. They are doing a great job for us. • Don't take ourselves too seriously, and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:56 p.m. ,. ~- . ~ '. } Patricia Muscovitz CMC -City Clerk RESOLUTION N0.2008-277 CANVASSING MUNICIPAL GENERAL ELECTION RETURNS WHEREAS, the City of Columbia. Heights, did on the 4`h day of November, 2008, conduct and. hold. a General Municipal Election for the purpose of electing a Mayor and two Council Members; and WHEREAS, the City Council of the City of Columbia Heights at a meeting of said Council held on the 10~' day of November, 2008, did canvass the returns and results of said General Municipal Election; and WHEREAS, the following results were determined by said canvass of said General Municipal Election, to wit: TOTAL BALLOTS CAST IN ELECTION: 9,938 Valid Votes Cast for Mayor Valid Votes Cast for two 4-Year Council Seats Gary L. Peterson 5,289 Robert Williams 4,323 Bob Odden 3,150 Bruce Nawrocki 3,814 Overvotes 3 Donna Schmitt 3,402 Times Blank Voted 1,446 Sue Proft Campbell 2,899 Write-Ins 50 Times Blank Voted 1,345 Undervotes 2,675 Write-Ins 71 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights, that Gary L. Peterson is hereby elected Mayor, and that Robert Williams and Bruce Nawrocki are hereby elected members of the City Council, assuming said. offices on January 1, 2009 RESOLUTION N0.2008-278 RESOLUTION REQUESTING ADDITIONAL TIME WITHIN WHICH TO COMPLETE COMPREHENSIVE PLAN "DECENNIAL" REVIEW OBLIGATIONS FOR THE CITY OF COLUMBIA HEIGHTS WHEREAS, Minnesota Statutes section 473.864 requires local governmental units to review and, if necessary, amend their entire comprehensive plans and. their fiscal devices and official conn~ols at least once every ten years to ensure comprehensive plans conform with metropolitan system plans and ensure fiscal devices and official controls do not conflict with comprehensive plans or permit activities that conflict with metropolitan system. plans; and WHEREAS, Minnesota Statutes sections 473.858 and 473.864 require local governmental units to complete their "decennial" reviews by December 31, 2008; and WHEREAS, Minnesota Statutes section 473.864 authorizes the Metropolitan Council to grant extensions to local governmental units to allow local governmental units additional time within which to complete the "decennial" review and amendments; and WHEREAS, any extensions granted by the Meri~opolitan Council must include a timetable and plan for completing the review and amendment; and WHEREAS, the City will not be able to complete its "decennial" review by December 31, 2008, for the following reasons: I. New staff coming on board who needed to get up to speed and be part of the initial goal setting, which was delayed due to the new staff arrival. 2. Responding to the large housing crisis with the rental and foreclosure issue. 3. The draft plan is complete and the additional requested time will be allotted far jurisdictional review. WHEREAS, the City Council finds it is appropriate to request from the Metropolitan Council an extension so the City can have additional time to complete and submit to the Metropolitan Council for review an updated comprehensive plan and amend. its fiscal devices and official controls. NOW, THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA, AS FOLLOWS: 1. The City Manager is directed to submit to the Metropolitan Council no later than November I, 2008, an application requesting an extension to May 29, 2009. 2. The City Manager must include with the request a reasonably detailed timetable and plan for completing: (a) the review and amendment by May 29, 2008; and (b) the review and amendment of the City's fiscal devices and official controls. RESOLUTION N0.2008-279 BEING A RESOLUTION CANCELING TI IE CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETING OF MONDAY, DECEMBER 22, 2008 WHEREAS: The City of Columbia Heights offices are closed on Wednesday, December 24, 2008 and Thursday, December 25, 2008, and; WHEREAS: The City Council has agreed to cancel the regular Council meeting scheduled for Monday, December 22, 2008; NOW, THEREFORE, BE IT RESOLVED, that all interested parties be advised of this change. RESOLUTION 2008-274 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by John Boerger (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1731-33`h Avenue N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on October 16, 2008 of an public hearing to be held on November 10, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on September 10, 2008 inspectors for the City of Columbia Heights, inspected the property described above and noted one violation. 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 October 16, 2008 inspectors for the City of Columbia Heights performed a final inspection at the property and noted one violation remained uncorrected. A statement of cause was mailed. via regulaa- mail to the owner at the address listed on the rental housing license application. City Council Minutes Monday, November 10, 2008 Page 12 of 13 3. That on October 31, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that one violation remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: 1731 -Shall repair the kitchen drawer that is broken 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F9249 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 2008-275 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental. license held by Kyle D. Smith (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located. at 4544-46 Fillmore Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on October 23, 2008 of an public hearing to be held on November 10, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on September 11, 2008 inspectors for the City of Columbia Heights, inspected the property described above and noted six 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 October 23, 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. 3. That on October 29, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that five violations remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found. to exist, to-wit: Shall replace all missing storm windows on the building, shall repair the shed in the backyard that has the doors missing and siding coming off, shall repair the railing going up the stairs to the front door that was missing the wood rails, shall repair the missing storm door closer on the upstairs side door, shall repair the kitchen floor that is peeling in the upstairs unit 5. That all parties, including the License Holder and any occupants or tenants, have been. given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL l . The rental license belonging to the License Holder described herein and identified by license mm~ber F9160 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 2005-276 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 Citi Residential Lending (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 961 37`h Avenue N.E. Columbia Heights, Minnesota. City Council Minutes Monday, November ] 0, 2008 Page 13 of 13 And whereas, pursuant to Columbia Heights Code, Chapter 8, Article I1, 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 October 16, 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 September 8, 2008 an inspection was conducted on the property listed above. Inspectors found eight violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 16, 2008 inspectors re-inspected the property listed above. Inspectors noted that eight violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on October 1, 2008 inspectors reinspected the property and found that eight violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall repair the privacy fence gate that is torn apart, shall replace the dryer vent cover on the rear of the house that is broken, shall replace all missing screens in the windows, shall replace all missing downspouts on the gutters, shall repair or replace the soft overhang in the rear that is falling down, shall repair the garage where it has been hit, shall install sod or seed, or approved landscaped material on the large bare area west of the driveway, shall repair, or replace the deteriorated driveway. 5. That all. parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(8). CONCLUSIONS OF COUNCIL 1. That the property located at 961 3Th Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, 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 961 37"' Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest.