Loading...
HomeMy WebLinkAboutJanuary 12, 2009OFFICIAL PROCEEDINGS CITY OF COLUMBIA IiEIGHTS CITY COUNCIL MEETING JANUARY 12, 2009 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, January 12, 2009 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. (Resolutions may be found at the end of this document). CALL TO ORDER/ROLL CALL/INVOCATION City Manager Walt Fehst gave the invocation. Present: Mayor Peterson, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg, Councilmember Williams (tardy) PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Walt Fehst, City Manager, requested to table item K, telephone communication, until further information is obtained. Nawrocki requested discussion of special assessments on Tyler from 40 to 44t". City Council and staff assignments should be on the agenda, update on possible budget changes, and report on the January St" work session. On the Consent Agenda, the date of the minutes of Planning and Zoning Commission should be January 6`". He asked to remove items E, H, J, M, O, P, Q, and V from the Consent Agenda for discussion. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Oath of Office (Completed upon the arrive of Councilmember Williams). CONSENT AGENDA City Manager Walt Fehst took Councilmembers through the Consent Agenda items: A. Approve minutes of the December 8, 2008 City Council meeting Motion to approve the minutes of the December 8, 2008 City Council meeting. B. Accept minutes of the Columbia Heights Boards and Commissions. Motion to accept the October 22, 2008 minutes of the Park and Recreation Commission. Motion to accept the November 6, 2008 minutes of the Library Board. Motion to accept the December 2, 2008 minutes of the Library Board. Motion to accept the January 6, 2009 minutes of the Planning and Zoning Commission. C. Accept the 2009 City Council Work Session calendar as proposed. Fehst stated this includes a Council work session on the first Monday of most months in the year. Nawrocki stated his appreciation for members leaving third Monday's open and moving the September meeting to the first Wednesday to accommodate him. Motion to accept the 2009 City Council Work Session calendar as proposed. D. Establish Public Hearing -- Cable Rates City Council Minutes Monday, January 12, 2009 Page 2 of 20 Fehst stated this is to schedule a hearing. We only have control aver our channels. Nawrocki stated that Congress took away our responsibility to control the general rates. He stated that a resident questioned what we do with the five percent franchise fee. Motion to establish a public hearing date of Monday, February 9, 2009, at 7:00 p.m. or as soon thereafter as possible, to permit interested persons an opportunity to express their views on the basic services programming and equipment rates and installation charges Comcast calculated in its March, 2008, rate filing. E. Approve renewal of contracts for Public Library Services and Integrated Librar~ystem AILS) Services with Anoka County Library -removed F. Approve the Transfer of Funds for DruP Task Force (DTF) from General Fund to Police Dept Budget to Reimburse Overtime Fund Motion to transfer $1,200, the amount of money received from Anoka County as partial reimbursement for overtime worked by our member in the Anoka/Hennepin Drug Task Force, for the fourth quarter of 2008 from the General Fund to the Police Department 2008 Budget line 1020, Overtime. G. Approve the Transfer of Funds for Safe and Sober from General Fund to Police Dept 2008 Budget Overtime Fund Motion to transfer $1,089.14 received as reimbursement from the Safe and Sober Program to the Police Department 2008 Budget line #1020 -Overtime. H. Adopt Resolution 2009-17, Authorizing Application for 2009 Community Development Block Grant Funding -removed 1. Approve designation of the Official Newspaper for 2009. Motion to designate Sun Focus News as the official City newspaper for 2009 and to authorize the Mayor and City Manager to enter into an agreement with Sun Focus News for required publications. J. Authorize Certain Interfund Transfers and Interfund Loan Terms removed K. Approve Telephone System Consultant contract -tabled L. Designate Official Depositories for the City of Columbia Heights Nawrocki asked if the bank charges us for handling our account. Bill Elrite, Finance Director, stated that there are some transaction and wire transfer charges, but normal fees are waived. Nawrocki asked if we check the difference in fees by all local banks. Motion to waive the reading of Resolution 2009-07, there being ample copies available to the public. Motion to adopt Resolution 2009-07 being a resolution designating official depositories for the City of Columbia Heights M. Approve Public Works Blanket Purchase Orders for 2009 Purchases. -removed City Council Minutes Monday, January 12, 2009 Page 3 of 20 N. Adopt Resolution 2009-04, Adopting the Water Supply Plan -Water Emergency and Conservation Plan Fehst stated that this comprehensive plan was required by State Statute. Motion to waive the reading of Resolution No. 2009-04, there being ample copies available to the public. Motion to adopt Resolution No. 2009-04, being a Resolution approving the Columbia Heights Water Supply Plan -Water Emergency and Conservation Plan. O. Accepting the Feasibility Report for Zone 4 Street Rehabilitation and Ordering the Public Improvement Hearing, City Project No. 0902 -removed P. Accepting the Feasibility Report for Zone 1C and 3B Street Seal Coating and ordering_the Public Improvement Hearing, Cityy Project No. 0901 -removed Q. Approve Ramsdell Park Master Plan -removed R. Approval of the reissuance of the license to operate a rental unit(s~within the City of Columbia Heights at 1204-06 Cheery Lane N.E. Motion to issue arental-housing license to Travis Kline to operate the rental property located at 1204-06 Cheery Lane N.E. in that the provisions of the residential maintenance code have been complied with. S. Approval of the reissuance of the license to operate a rental unit(s) within. the City of Columbia Heights at 4101 5th Street N.E Motion to issue arental-housing license to Amir Shahsaband to operate the rental property located at 4101 5th Street N.E. in that the provisions of the residential maintenance code have been complied with. T. 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 January 12, 2009 U. Approve Business License Applications Motion to approve the items as listed on the business license agenda for January 12, 2009 as presented. V. Approve payment of the bills -removed Motion by Diehm, second by Kelzenberg, to approve the Consent Agenda items with the exception of items E, H, J, K, M, O, P, Q, and V. Upon vote: All ayes. Motion carried. Oath of office: Mayor Peterson, Councilmember Williams, and Councilmember Nawrocki were sworn in to office by City Clerk Muscovitz. Councilmember Nawrocki read a statement thanking the public for their vote and listing his concerns regarding expenditures and staff information given. City Council Minutes Monday, 3anuary 12, 2009 Page 4 of 20 E. Approve renewal of contracts for Public Library Services and Integrated Library System ILS) Services with Anoka County Library_ Nawrocki questioned the cost saving between Anoka County doing the work or doing it ourselves. Becky Loader, Library Director, referred to meetings held and the compromise reached on technical support. Our cost would be $12,630 and $15,000 in equipment. The amount saved will be $20,206. The charge back to our IS Department is $5,000. The rest of the cost is software, license fees, etc. Nawrocki stated that the in-house cost is not free and we could only hope fora $7,000 savings. Nawrocki indicated his hope for a recap on these savings at the end of the year. Motion by Nawrocki, second by Williams, to authorize the Mayor and City Manager to enter into a contract ("Agreement to Provide Public Library Services") with the Anoka County Library. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to authorize the Mayor and City Manager to enter into a contract ("Agreement for Integrated Library System Services") with the Anoka County Library. Upon vote: All ayes. Motion carried. H. Adopt Resolution 2009-17, Authorizing Application. for 2009 Community Development Block Grant Funding Nawrocki asked what other items were considered for the use of this money. Fehst stated this is a follow up on housing issues in the Sheffield area allowing purchase and demolition. The development would have no low income requirements. He stated that we compete for this money. Nawrocki stated that the funding is set for demolition often buildings in the Sheffield district, which could be a stretch, and does not indicate where the money will come from to buy the buildings. Fehst stated that the City Council approved the extension of the TIF district to include this area of blighted buildings. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2009-17, there being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to Adopt Resolution 2009-17, a Resolution of the City Council of the City of Columbia Heights, Minnesota, Authorizing application for 2009 Anoka County Community Development Block Grant (CDBG) funding for the purpose of demolition of up to 10 buildings in the Sheffield Neighborhood in the amount of $200,000; and furthermore, to submit said application to Anoka County. Upon vote: All ayes. Motion carried. J. Authorize Certain Interfund Transfers and Interfund Loan Terms Nawrocki questioned item #6, forgiving the Interfund loan of $581,000 for the City's acquisition of the EDA's share of 825 41S` Avenue for the public safety building site. Where did the money that was borrowed come from for that property and why wasn't this part of the cost of building the facility. Elrite stated it is part of the cost of building the facility, but not a cost we could bond for because it was not an arms length transaction between the City and the EDA. The money came from fund 390. Nawrocki asked for the balance of fund 390. Elrite stated there is only slightly more than the loan was for and this will almost deplete the fund. Elrite gave the purchase history of the NEI site. It was purchased for redevelopment, which would have repaid the fund. City Council. Minutes Monday, January 12, 2009 Page 5 of 20 Nawrocki questioned item #7. Elrite stated that this property had a business and building when it was purchased. Now the site is only land and we have to reflect the true market value. Elrite stated that the true value of the land will still be carried in the EDA fund. Nawrocki questioned item #9. Elrite stated the transfer of $1 S 8,000 from the EDA business revolving loan fund is because activity for the fund has ended, except for the K2 TIF District MURP project. Nawrocki asked why the remaining funds do not go to the General fund. Elrite stated that in the past it has been an EDA activity. Diehm stated that this is the EDA revolving loan fund and the auditor recommends closure of these accounts. Nawrocki stated that request has not been received in writing. He asked if the funds will be spent for items other than originally designated. Elrite stated yes, it will be available for future EDA funding. Nawrocki suggested using the funds, considering our current financial situation. Elrite stated that there is nothing to prohibit the City Council from moving this money. Nawrocki asked that this be researched. Motion by Diehm, second by Kelzenberg to waive the reading of Resolution 2009-O1 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg to adopt Resolution 2009-O1, being a resolution to authorize certain interfund transfers and interfund loan terms. Nawrocki questioned item #11, Murzyn Hall, indicating that the existing fund balance would be used for the payment this year. Fehst stated it is staff s recommendation to put off the Ramsdell Park improvements, accept the master plan, and use those funds to underwrite the cost of Murzyn Hall improvements. Upon vote: All ayes. Motion carried. M. Approve Public Works Blanket Purchase Orders for 2009 Purchases. Nawrocki stated that our present bid for salt goes until 3une, so there is no need for funding until then. Fuel bids with the State or County make sense, but there should be competitive bids for bituminous paving. Kevin Hansen, Public Works Director, indicated that the salt is a 2009 budgetary purchase and will exceed the $15,000 spending limit. As for city fuel costs, we plan to purchase 60 percent from the State contact and that price will hold for the year. The other 40 percent we will purchase while watching the market. We take bids bituminous and stop box repairs, we do go out for bids. This price is for local repairs. The water stop box pricing is a two year bid and is held for this year. Nawrocki stated that residents can get their own contractor. He requested to see the contract for water stop box repairs. Motion by Kelzenberg, second by Williams, to authorize staff to process blanket purchase orders in an amount not-to-exceed the 2009 budget amounts for: • De-icing salt for salt/sanding operations purchased off the State of Minnesota Purchasing Contract, and • Fuel (unleaded and diesel) for City Vehicles from the State of Minnesota Purchasing Contract and the Anoka County Cooperative Agreement • Bituminous Asphalt for patching/paving City streets and alleys from Commercial Asphalt • Curb stop repairs for delinquent accounts from Gene's Sewer and Water Upon vote: All ayes. Motion carried. City Council Minutes Monday, January 12, 2009 Page 6 of 20 O. Accepting the Feasibility Report for Zone 4 Street Rehabilitation and Ordering the Public Improvement Hearing, City Project No. 0902 Nawrocki stated that he has a problem with authorizing street work when he can not evaluate the need until the streets are clear. Hansen stated that city staff has rated the streets, Braun Intertec was hired to test the strength of the streets, and we have done physical cuts of the streets. Staff also physically counts the cracks to help make the recommendation on work required. Hansen stated that Zone 4 is one of the lightest street programs, relevant to the amount of work required. There is only one, 600 foot street recommended for full reconstruction. Delay of approval would create difficulties. Fehst stated that staff information is available to the Council. Fehst requested a summary be completed and included at the time of reporting. Hansen stated that the seal coating in this area will be funded mainly by the city. Nawrocki stated that the reports are difficult to understand, but he would like to look at the street and see visible damage. Hansen indicated he would provide a summary report to the Council. The streets are in relatively good shape except for one. Hansen stated his belief that there will be a larger area of reconstruction in the years 2010 and 2011. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2009-02, there being ample copies available for the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2009-02, which accepts the Feasibility Report for Zone 4 Street Rehabilitation, City Project No. 0902, and calling for the Public Improvement Hearing beginning at 6:30 p.m. on March 2nd, 2009. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. P. Accepting; the Feasibility Report for Zone 1C and 3B Street Seal Coating and ordering the Public Improvement Hearing, Citeject No. 0901 Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution No. 2009-03, there being ample copies available to the public Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2009-03, being a Resolution accepting the Feasibility Report for Zone 1C 3B, City Project 0901, and calling for the Public Improvement Hearing beginning at '7:00 p.m. on March 2nd, 2009. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. Q. Approve Ramsdell Park Master Plan Fehst recommended acceptance of the Ramsdell Park Master Plan as submitted. With State aid cutbacks, it is also recommended to put the project on hold and look at improvements sometime in the future. Diehm indicated she felt it was important to accept the master plan. The Park Commission and other commissions have put in a lot of time and effort into this project. She thanked them for their work on this project. Motion by Diehm, second by Kelzenberg, to accept the Master Plan as prepared by the Park Planning firm of Brauer and Associates based upon a recommendation of the Park and Recreation Commission. Nawrocki stated acceptance is premature, as there is no money to do the project this year and the City Council has not had any public hearings on this. Peterson stated this would accept the master plan, but not allow bidding because of the economy. If there is a turnaround in the economy, it will City Counci] Minutes Monday, January 12, 2009 Page 7 of 20 be readdressed. The Park Commission has held public hearings and changes have been made as a result of those hearings. Peterson stated that the only additional request he has had is to include a skate park. Diehm stated that she was impressed with the changes implemented because of public input. Nawrocki stated that this work was to be done last year, but funds were shuffled and it was put off until this year. We should hear comments from residents. There is no rush to approve this and we should have a hearing when it is convenient. Fehst stated the money has not been spent anywhere else. If the Council so chooses, funds could supplant the Murzyn Hall improvement payments. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. Peterson stated that the Park Commission is qualified and did a lot of work on this plan. If we second guess what they do, we should eliminate them and items would come directly to the City Council. If they are doing a good job, we should not second guess them. Nawrocki stated that he was not criticizing the Park Commission, but Council should hear resident comments directly. Peterson commended the Park Commission for their work on this plan. V. Approve payment of the bills Nawrocki indicated that one bill was for the city's holiday party. It was not a local business. He questioned if there were bids received, as we should give local businesses the opportunity to bid. Fehst stated that we have used local businesses in the past, even though they have cost more. Nawrocki requested bid information for this event. Motion by Nawrocki second by Diehm, to approve the payment of the bills out of the proper fund as listed in the attached register covering Check Number 128469 through. Check Number 128860 in the amount of $3,838,461.87. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. Annroval of a 15-foot front vard setback for barking, a ~-foot side vard setback for parkin and a 24 square foot area variance for signa~e for the property at 4910 Central Avenue. Jeff Sargent, City Planner, indicated that Border Foods has requested variances for Sonic Restaurant parking, side yard parking, and the monument sign. This business will replace the former blue car wash. Patrons would have to enter the property from the alley. The hardships for the variances are driven by the 100 foot limited property width. The increased size of the sign would direct traffic to the property. The Planning and Zoning Commission voted 5-0 in favor of these variances. Nawrocki asked if the sign will abide by our time limits. Sargent stated that they would have to abide by our ordinances and they are aware of our requirements. Nawrocki stated that there is no employee parking on site. Sargent stated that initially, employees will be required to park off site. Our ordinance does not require employees to park on site. Nawrocki stated that Sarna's does not allow employees to park on site and it causes concern with the neighbors. It does not make sense to consider this. They will have adrive-up arrangement with a voice system for taking orders. Sargent stated this is a drive-in restaurant, with the wait staff on roller-skates. Fehst asked if music will be played. Sargent stated that one section will be under a canopy. Like a gas station, there is ambient type music. The owners have not had complaints at other locations and will be subject to our regulations. Nawrocki stated concern for neighbors across the alley regarding noise and parking. This shows a defect in our ordinance, as we know there will be parking needed for employees. City Council Minutes Monday, January 12, 2009 Page 8 of 20 Motion by Williams, second by Diehm, to waive the reading of Resolution 2009-14, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution No. 2009-14, approving a 15- foot front yard parking setback for the construction of a Sonic Restaurant located at 4910 Central Avenue, subject to the conditions outlined in Resolution No. 2009-14. Nawrocki asked again what consideration there will be for neighbors, relative to noise and parking. Peterson stated that we will have to enforce our ordinances. He stated that this is a commercial district. Noise was addressed by the Planning and Zoning Commission. Sargent stated that we have minimum standards for noise next to residential properties. If there are complaints, we would investigate. At this point, there is no need to feel that the noise would be a problem. As for parking, the City Code requires six on site parking spaces. How the business uses those spots is up to the business. Nawrocki stated that he did not feel six parking spaces were sufficient. Our ordinance needs to be reviewed to cover this type of situation. Diehm indicated to Councilmember Nawrocki that we can disagree, but that it is not appropriate to question staff's professionalism. We have been concerned about the car wash on this site for a long time and we are working hard to redevelop that spot. The Sonic restaurants are great and we are excited to have them at that spot. Barb Snyder, Sonic representative, indicated the business would comply with City ordinances regarding LED signs, as they comply with other city ordinances. We will work to obtaining off site parking and have done so at another site. At some sites parking is not necessary. As for neighbors, we respect our neighbors and if we need to meet with them, we will, as they are our customers. Kelzenberg questioned the touch screen menu. Snyder stated it is a red button and customers would talk to the employee in the restaurant. The interchange is very compact. Kelzenberg stated he looks forward to being a customer. Fehst stated his understanding that there may be an initial "rush" of business, and indicated his hope that they are as successful as the restaurant on 40t" and University. If there are lines of cars waiting, that is a good thing. Fehst wished them the best. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to waive the reading of Resolution 2009-15, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution No. 2009-15, approving a 5-foot side yard parking setback for the construction of a Sonic Restaurant located at 4910 Central Avenue, subject to the conditions outlined in Resolution No. 2009-15. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to waive the reading of Resolution. 2009-16, there being ample copies available to the public. Upon vote: All ayes. Motion carried. City Council Minutes Monday, January 12, 2009 Page 9 of 20 Motion by Wiiiiams, second by Diehm, to adopt Resolution No. 2009-16, approving a 24 square foot area variance for the monument sign for a new Sonic Restaurant located at 4910 Central Avenue, subject to the conditions outlined in Resolution No. 2009-16. Upon vote: All ayes. Motion carried. B. Adopt Resolutions 2009-09, 3947 Arthur Street N.E., 2009-11, 4601-03 Pierce Street N.E. 2009-12, 4338 2nd Street N.E., and 2009-13, 230 44th Avenue N.E. being Resolutions of the City Council of the City of Columbia Hei hg is approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Fire Chief Gary Gorman listed the reasons for license revocation requests: • 2009-09, 3947 Arthur Street N.E. -failure to submit license application and fees. • 4601-03 Pierce Street N.E. -failure to submit license application and fees and schedule an inspection • 2009-12, 4338 2nd Street N.E. failure to submit license application and fees and schedule an inspection • 2009-13, 230 44th Avenue N.E. failure to submit license application and fees and schedule an inspection Nawrocki stated that the house on 2°d Street looks empty. Gorman stated that we revoke a license if it is not renewed. Motion by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution Numbers 2009-09, 11, 12 and 13 being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution Numbers 2009-09, 11, 12 and 13 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. Miscellaneous - City Council Liaison appointments Motion by Nawrocki, second by Williams, that current committee liaison appointments, of Council members and Staff, be continued as is and that Councilmember Diehm be reappointed as Council President. Upon vote: All ayes. Motion carried. Special Assessments Hansen addressed the question of how assessments are applied to our dead end streets. There are a very small number and are covered by a staff policy. Information has been distributed on how the policy has been applied. Hansen stated that the determination depends on which direction the home's entrance faces. There are locations that pay a street and avenue charge. This policy has been so applied for at least the last 30 years. Sample areas are: Tyler, Lincoln Terrace, and Pierce. Kathy Young, Assistant City Engineer was also present to answer questions. Nawrocki stated that he did not see a difference in these streets. He stated that no work was done on 44`h and yet we charged Tyler residents. Motion by Nawrocki to refund property owners on Tyler Street the avenue charge they were City Council Minutes Monday, January 12, 2009 Page 10 of 20 assessed for seal coasting work done on Tyler Street, leaving the street charge that they were properly charged for. Peterson asked if there are other similar situations. Hansen stated yes, on Ulysses, Pierce, and Lincoln. Hansen again explained the determination is by how the house is situated on the lot. Nawrocki read the assessing policy for cul-de-sac streets. Peterson called for a second to the motion. No second was received. Motion died for lack of a second. Peterson stated that this assessment policy has been in place for all of his 25 years with the City. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions- none B. Bid Considerations -none C. Other Business -none ADMINISTRATIVE REPORTS Report of the City Manager Fehst stated that in December, because of the projected 2008 deficit, the Governor un-allotted $338,000 in 2008 State aid. We anticipated receiving that money and spent it in anticipation. Fortunately, we under spent our budget by close to that amount. There is no way to get the 2009 State aid cuts back, as it was announced after the budget deadline. Because of meetings held by the Legislature and the League of Minnesota Cities, we anticipate a cut of $700,000 or more for the year 2009. We will not find out the exact reduction in government aid until May. We can not wait that long and are looking at expenditure reductions, such as unpaid furloughs and layoffs. Two meetings were held to inform city employees. Administrative staff will meet with union business agents. Our employees understand that things are tough. Every type of reduction is on the table, including unpopular items. If there was an ambulance in our town, we could save a lot of money, but we do not. We hope to combine some park work and recreation education with the schools or City of Fridley. We have to look at re-engineering how we do business. We are not hiring anyone in non-essential positions. There is an essential library position that needs to be filled, but they have been asked to look at reducing operating hours. We should consider not being in the business of running Parkview Villa North and South. Employees asked if we could not see it coming. With double digit tax increases, we could not supplant the budget. Council needs to look at reductions within the next month or month and a half. Asking staff to take an 80 hour furlough is a lot. We do not feel that we can expect or count on that next year. We may be looking at a reduction of $700,000 as a best case scenario. The Governor may cut all State aid, but he does not want Police or Fire reductions. He does not make these decisions for us. Peterson stated that the City Manager takes this situation very seriously, and does so with as little pain to employees as possible. Nawrocki compliment the City Manager for taking a hard look at expenses. He discussed combining services with a Fridley Councilmember. They suggested a joint meeting of City Councils. Nawrocki suggested terminating membership with the Metro League. Values First has ended and that will save funds. We need to think hard before dropping Parkview Villa, as there are ties with HUD and a management agreement. We receive revenue from the rent. He City Council Minutes Monday, January 12, 2009 Page 11 of 20 requested a report on these funds used to finance department expenses. Nawrocki stated that the employee meeting focused on the loss of LGA and not on the property tax revenue including HRA and County HRA funds. Seasonal increases approved at the last meeting will be withheld. Report of the City Attorney -nothing to report CITIZENS FORUM Peterson asked the students present to come forward and introduce themselves. James Ehlenz, staff writer for the school newspaper, questioned why Ramsdell Park had been chosen for improvements. Fehst indicated that two other parks have already been upgraded. This master plan would include a skate park. Unfortunately, the project is now on hold. Fehst explained Park Dedication fees. He stated the intention was to redo the wading pool and the ball area for women with a soccer overlay. Peterson stated that he is impressed with this newspaper and requested copies be dropped off at City Hall. Braden Ericson, Columbia Heights 9`'' grader from Mr. Tschida's Civics class introduced himself. Nawrocki added to the Manager's report a request to remove the graffiti at 40'h and Circle Terrace and indicated that the rubbish hauler is leaving containers in the street after dumping them causing a problem for snow plows. Tim and Kathleen Donahue, new owners of the Star Bar and Grill, introduced themselves. Fehst thanked them for staying the entire meeting. Diehm and Peterson welcomed them. Kelzenberg asked if there would be changes to the business. Nawrocki stated that with the previous owners there were noise issues and asked that they give consideration to the residents of the high rise behind their building. Donahue stated they were aware of those issues and will take care of it. Diane DeLauro, 4129 Madison, stated she seen this meeting on cable TV and had to come to say how excited she was that there will be a Sonic restaurant in Columbia Heights. DeWayne Morrell, 4212 Reservoir, suggested blocking the alley by the Sonic at one end. Peterson stated that is the only entrance and exit they will have and blocking the alley would not be possible. The Traffic Commission will address traffic issues. The first month or two there will be a lot of traffic, but it will settle down. It is a commercial property and should have access. Deb Johnson, 4626 Pierce Street, corrected her statement from the last meeting indicating that she pays $3,000 in property tax. The problem property across the street from her was torn down in one hour. They separated the demo material for recycling. People that strip properties that they abandon should be charged with a crime. Peterson asked her if the Sheffield area neighbors are happy with the progress in their area, even though it is slow. Johnson stated that the neighbors were pleased with the demolition of this property. She indicated it would be nice to see more movement at Grand Central Lofts. Fehst stated that the trailers are in place far commercial development. They are meeting with our Community Development department tomorrow. COUNCIL COJAI~TER Kelzenberg • Congratulation to the Columbia Heights basketball team in their defeat of Totino Grace • Hopes everyone has a happy and prosperous new year City Council Minutes Monday, 3anuary 12, 2009 Page 12 of 20 Williams • It is fun to hear that people are excited about Sonic Foods. It will mean more taxes and more jobs for our city. • Williams thanked his friends and neighbors for reelecting him. Our attitude is important. We are alive and healthy. Be positive. Encourage more businesses to come to our town. Tough times never last -tough people do. Diehm • Statistics from our Fire Department show a record number of calls in 2008. We are looking to see how we can make all departments more efficient, but we want to let them know we appreciate all of their hard work • Thursday, February 19, SACA will hose a spaghetti dinner fundraiser at Murzyn Hall • The Empty Bowls fundraiser will be held March 24tH Nawrocki • Hope that the Sonic does well, but is concerned about the impact on residents. • Repeated earlier comments about questions he asks to keep the public informed. Consent agenda was established for items like the bills. • Goes through the bill list. We have a lot of consulting contracts and it has been a long time since some of them have come to the Council for approval. Requested a list of them and requested we review our legal contract. Peterson • Sometimes it is hard to get the floor to ask questions. We have a good staff. They don't throw money away. Stated his faith in our Department Heads and employees. The four of us do not try to squelch information; we will give information, or it can be obtained at the Library, City Hall or from staff. We receive a draft agenda on Wednesdays and changes can be requested prior to Friday. Sometimes there are things that need to be discussed, but we can call and ask staff to have the information available at our meeting. • We will have a new President and staff. They need our prayers. Attitude is important. • Pray for our service men and women. • Don't take ourselves too seriously - do a random act of kindness. adjourned at 9:49 p.m. RESOLUTION N0.2009-07 DESIGNATE OFFICIAL DEPOSITORIES FOR THE CITY OF COLUMBIA HEIGHTS 1T IS HEREBY RESOLVED, that Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank are hereby designated as depositories of the funds of this corporation. 1T IS FURTHER RESOLVED, that checks, drafts, or other withdrawal orders issued against the funds of this corporation on deposit with said banks shall be signed by the following: City Council Minutes Monday, January 12, 2009 Page 13 of 20 Mayor City Manager Treasurer and that said banks are hereby fully authorized to pay and charge to the account of this corporation any checks, drafts, or other withdrawal orders. BE IT FURTHER RESOLVED, that the Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank are designated depositories of the corporation be and it is hereby requested, authorized and directed to honor checks, drafts or other orders for the payment of money drawn in this corporation's name, including those drawn to the individual order of any person or persons whose name or names appear thereon as signer or signers thereof, when bearing or purporting to bear the facsimile signatures of the following: Mayor City Manager Treasurer and that Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank shall be entitled to honor and to charge this corporation for all such checks, drafts or other orders, regardless of by whom or by what means the facsimile signature or signatures thereon may have been affixed thereto, if such facsimile signature or signatures resemble the facsimile specimens duly certified to or filed with the Banks by the Treasurer or other officer of his corporation. BE IT FURTHER RESOLVED, that any and all resolutions heretofore adopted by the City Council of the corporation and certified to as governing the operation of this corporation's account(s) with it, be and are hereby continued in full force and effect, except as the same may be supplemented or modified by the foregoing part of this resolution. BE IT FURTHER RESOLVED, that all transactions, if any relating to deposits, withdrawals, re-discounts and borrowings by or on behalf of this corporation with said banks prior to the adoption of this resolution be, and the same hereby are, in all things ratified, approved and confirmed. BE IT FURTHER RESOLVED, that any bank or savings and loan located in the State of Minnesota may be used as depositories for investments purposes so long as the investments comply with authorized investments as set forth in Minnesota Statutes. BE IT FURTHER RESOLVED, that any brokerage firm located in the State of Minnesota may be used as a depository for investment purposes so long as the investments comply with the authorized investments as set forth in Minnesota Statutes. RESOLUTION N0.2009-04 BEING A RESOLUTION ADOPTING A WATER EMERGENCY AND CONSERVATION PLAN WATER EMERGENCY AND CONSERVATION PLAN WHEREAS, THIS RESOLUTION was passed this I2`'' day of January, 2009, by the City of Columbia Heights in Anoka County, Minnesota. The Municipal Corporation shall hereinafter be called the "City" WHEREAS, the "City" is required to have a Water emergency and Conservation Plan approved by the Deparnnent of Natural Resources (DNR). WHEREAS, the "City" has completed the second generation plan on the MNDNR Template, and WHEREAS, the Commission of Natural Resources has approved the City Plan WHEREAS, MNDNR Plan approval becomes effective upon the adoption of the plan by the Council. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA That the City of Columbia Heights Water Emergency and Conservation Plan is hereby approved. RESOLUTION 2009-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA AUTHORIZING APPLICATION FOR 2009 ANOKA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING FOR THE PURPOSE OF DEMOLITION OF UP TO 10 BUILDINGS IN THE SHEFFIELD NEIGHBORHOOD IN THE AMOUNT OF $200,000; AND FURTHERMORE, TO SUBMIT SAID APPLICATION TO ANOKA COUNTY WHEREAS, the City is undergoing extensive redevelopment efforts within in the area known as the Sheffield neighborhood, and City Council Minutes Monday, January 12, 2009 Page l4 of 20 WHERAS, the City has identified redevelopment objectives through a Sheffield Neighborhood Action Plan which calls for multiple strategies involving acquisition and demolition of blighted property in addition to community oriented policing actions, and WHEREAS, the City desires to purchase up to ten houses in the subject area using a variety of funds, and WHEREAS, the City is seeking Community Development Block Grant (CDBG) funds in an amount up to $200,000 to us for demolition purposes, and WHEREAS, the use of CDBG grants for demolition is consistent with the program's national objective of aiding in the prevention or elimination of slum. or blight, and NOW, THEREFORE BE IT RESOLVED that the City of Columbia Heights acts as the legal sponsor for the 2009 Community Development Block Grant Program to be submitted by January 17, 2009; and BE IT FURTHER RESOLVED that the City of Columbia Heights has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration; and BE IT FURTHER RESOLVED that the City of Columbia Heights has not violated any federal, state, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or unlawful or corrupt practice; and BE IT FURTHER RESOLVED that the City Manager or as required, the Mayor is hereby authorized to execute such agreements as are necessary to implement the project(s) on behalf of the applicant; and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Columbia Heights, Minnesota has authorized staff to submit an application for $200,000 for demolition of up to ] 0 buildings in the Sheffield neighborhood. RESOLUTION N0.2009-01 BEING A RESOLUTION AUTHORIZING CERTAIN INTERFUND TRANSFERS AND INTERFUND LOAN TERMS WHEREAS, the City of Columbia Heights has maintained certain separate funds listed below, and WHEREAS, the purposes for which these funds were created and maintained separately have been satisfied or expired; and WHEREAS, the City of Columbia Heights has determined it advantageous and cost-effective to consolidate its various funds' interests in the land at 825 41ST Avenue NE under a single fund; and WHEREAS, the City of Columbia Heights has issued certain interfund loans to the Columbia Heights Economic Development Authority, the terms of which no longer reflect the current use and/or values of the land financed by said interfund loans; and WHEREAS, the City of Columbia Heights has determined the need to provide temporary interfund financing for certain renovations at the City's Murzyn Hall Property; BE IT HEREBY RESOLVED by the City Council of the City Of Columbia Heights, that the City of Columbia Heights authorizes the following interfund transfers and interfund loan terms effective December 31, 2008: 1. Transfer ending fund balance of Fund 887 Flex Benefit to the General Fund 101, and reclassify the flex benefit activity as part of the General Fund. 2. Transfer the ending fund balance of Fund 250 C.H.A.S.E. to Fund 261 After School Programs. 3. Transfer ending fund balance of Fund. 290 Parking Ramp Assessments to Fund 405 Downtown Parking Maintenance. 4. Transfer ending fund balances of TIF Fund 386 and. TIF Fund 370 to TIF Fund 379. 5. Transfer ending fund balance of Fund 436 Liquor Capital Construction. to Fund 439 Liquor Debt Service. 6. Forgive the $600,000 interfund loan (reference resolution 2004-04) from Fund 390 Four Cities Bonds to Fund 204 EDA Administration as follows: • $581,962.50 in payment for the City's acquisition of the EDA's share of 825 41 S` Avenue NE, calculated at the 01/01/08 carrying value. • $18,037.50 as a transfer to close out the loan. City Council Minutes Monday, January 12, 2009 Page I S of 20 7. Transfer all the component pieces of the land at 825 41sT Avenue that are held by City and the EDA funds, calculated at the O1/01/08 carrying value including capitalized demolition casts, to Fund 417 Public Safety Building Construction as follows: • $581,962.50 from Fund 204 EDA Administration. • $365,585.87 from Fund 202 Anoka County CDBG. • $ 23,877.88 from Fund 420 Capital Improvement Development. 8. Transfer ending fund balance of Fund 390 Four Cities Bonds to Fund 401 Capital Improvement Fund. 9. Transfer ending fund balance of Fund 299 EDA Business Revolving Loans to Fund 204 EDA Administration. 10. Forgive $400,000 of the $800,000 interfund loan (reference resolution 2004-60) from City Fund 420 Capital Improvement Development to Fund 204 EDA Administration, making the $400,000 forgiven a 2008 transfer. 11. Loan $930,227 from Fund 431 Capital Equipment Replacement General Government to Fund 41 1 Capital Improvement General Government Buildings at 0% interest. RESOLUTION N0.2009-02 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR ZONE 4 STREET REHABILITATION AND ORDERING THE PUBLIC IMPROVEMENT HEARING, CITY PROJECT NO. 0902 WHEREAS, the City Council has adopted a Street Rehabilitation Program which divides the City into seven zones, and WHEREAS, pursuant to Resolution No. 2008-230, a report has been prepared by the City Engineer with reference to the Zone 4 area of the Street Rehabilitation Program, and WHEREAS, Zone 4 is bounded by University Avenue and Central Avenue, from 48Th Avenue to 53`d Avenue (North Corporate Limit). WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost effective, and Said report is hereby received by the City Council of Columbia Heights on January 12, 2009. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA I . The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $450,000. 2. A public hearing shall be held on such proposed improvement on the 2"d day of March, 2009, in the City Council Chambers at 590 40`h Avenue N.E. at 6:30 P.M. and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. RESOLUTION N0.2009-fi3 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR ZONE 1C AND 3B STREET SEAL COATING AND ORDERING THE PUBLIC IMPROVEMENT HEARING CITY PROJECT - NO. 0901 WHEREAS, the City Council has adopted a Street Rehabilitation Program which divides the City into seven zones, and WHEREAS, pursuant to Resolution No. 2008-231, a report has been prepared by the Director of Public Works with reference to the Zone 1C and 3B Street Seal Coating Program, and WHEREAS, Zone 1 C is bounded by Central Avenue and Taylor Street, from 45"' Avenue to 47`h Avenue, and WHEREAS, Zone 3B is bounded by Central Avenue and Stinson Boulevard, from 49T'' Avenue to North Corporate Limit, and WHEREAS, two additional streets are included in the project, Stinson. Boulevard, from 45`h Avenue to Cul-de-sac and Khyber Lane, and WHEREAS, the report provides information regarding whether the proposed. project is feasible, necessary and cost effective, and Said report is hereby received by the City Council of Columbia Heights on January l2, 2009. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $55,000. 2. A public hearing shall be held on such proposed improvement on the 2"`~ day of March, 2009, in the City Council Chambers at 590 40`h Avenue N.E. at 6:00 P.M. and the City Clerk shall give mailed and. published notice of such hearing and improvement as required by law. RESOLUTION N0.2009-14 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR BORDER FOODS, INC. d/b/a SONIC RESTAURANT City Council Minutes Monday, January 12, 2009 Page 16 of 20 WHEREAS, a proposal (Case # 2009-0102) has been submitted by Border Foods to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4910 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 15-foot front yard parking setback variance per Code Section 9.110 (C). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on January 6, 2009; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of ]and 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 (1) calendar year after the approval date, subject to petition for renewal of the permit. CONIDTIONS ATTACHED: 1. All application materials including maps, drawings, and descriptive information submitted with the application shall become part of the permit. RESOLUTION N0.2009-15 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR BORDER FOODS, INC. d/b/a SONIC RESTAURANT WHEREAS, a proposal (Case # 2009-0102) has been submitted by Border Foods, lnc. to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4910 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 5-foot side yard parking setback variance per Code Section 9.110 (C}. WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on January 6, 2009; WHEREAS, the City Council has considered. the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and. welfare of the community and its Comprehensive Plan, as well. as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the sunrounding area; NOW, TEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 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. City Council Minutes Monday, January 12, 2009 Page 17 of 20 FURTHER, BE IT RESOLVED, that the attached plans, snaps, and other information shall become part of this variance and approval; and in granting this variance the city and. the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONIDTIONS ATTACHED: 1. All application materials including maps, drawings, and descriptive information submitted with the application shall become part of the permit. RESOLUTION N0.2009-16 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR BORDER FOODS, INC. d/b/a SONIC RESTAURANT WHEREAS, a proposal (Case # 2009-0102) has been submitted by Border Foods, Inc. to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4910 Central Avenue LEGAL DESCRIPTION: On file at City Hali. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 24 square foot area variance for the construction of a monument sign per Code Section 9.106 (P)(12). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on January 6, 2009; WHEREAS, the City Council. has considered the advice and recommendations of the Planning Commission. regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 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; anal in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONIDTIONS ATTACHED: 1. All. application materials including maps, drawings, and descriptive information. submitted with the application shall become part of the permit. RESOLUTION 2009-09 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 Segundo Ramon (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3947 Arthur 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 December 1, 2008 of an public hearing to be held on January 12, 2009. 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 City Council Minutes Monday, January 12, 2009 Page 18 of 20 1. That on or about July 15, 2008, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on December 1, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: failure to submit renewal rental license application and fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8634 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 2009-11 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 Joseph Krasky (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4601-4603 Pierce 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 December 22, 2008 of an public hearing to be held on January 12, 2009. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about December 10, 2008, inspection offrce staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rental inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on December 22, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: failure to schedule a rental property inspection and failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and. identified by license number 04601 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 2009-12 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 Nala Properties (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4338 2"d Street N.E. Columbia Heights, Minnesota, City Council Minutes Monday, January 12, 2009 Page 19 of 20 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 December 18, 2008 of an public hearing to be held on January 12, 2009. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about December 3, 2008, inspection office staff sent a Letter requesting the owner of the property to submit a rental license application and schedule a rental inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on December 18, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: failure to schedule a rental property inspection and. failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U4338 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 2009-13 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 Ryan Riemenschneider (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 230 44`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 December 22, 2008 of an public hearing to be held on January 12, 2009. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about December 1, 2008, inspection office staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rental inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on December 22, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: failure to schedule a rental property inspection and failure to submit renewal rental license application and fees 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described. herein and identified by license number U230 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. City Council Minutes Monday, January 12, 2009 Page 20 of 20 2009 COUNCIL/CITY STAFF ASSIGNMENTS Commission Telecommunications Commission. Library Board Park & Recreation Commission. Planning & Zoning Commission Traffic Commission Suburban Rate Authority National League of Cities League of Minnesota Cities Association of Metropolitan Municipalities Rice Creek Watershed Advisory board North Star Corridor Joint Law Enforcement Council Youth Initiative Commission Charter Commission Neighborhood Watch and Citizen Emergency Response Team (CERT) Bruce Nawrocki Bruce Kelzenberg Gary Peterson / Bobby Williams -alternate Gary Peterson / Bobby Williams -alternate Bruce Kelzenberg Bruce Nawrocki /Public Works Director -alternate Gary Peterson / Councilmembers -alternates Bruce Nawrocki / Council/City Manager -alternate Bruce Nawrocki /City Manager -alternate Bobby Williams /Kevin Hansen -alternate Bruce Nawrocki Gary Peterson / Chief of Police -alternate Bobby Williams Tami Diehm /Gary Peterson. -alternate Gary Peterson /Bobby Williams -alternate