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HomeMy WebLinkAboutMay 11, 2009OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MAY 11, 2009 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, May 11, 2009 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg Rev. David Briley, Associate Pastor, Oak Hill Baptist Church, gave the Invocation. PLEDGE OF ALLEGIANCE -recited ADDITIONSi?~3ELE TIONS TO Ii~~ETiraIG AGENDA Mayor Peterson added rescheduling of the May 25t City Council meeting, due to the Memorial Day holiday, to the consent agenda. Motion by Nawrocki to add reports of the Apri128 EDA meeting and the public safety building under the City Manager's report and reports from him on the Anoka County Elected Officials meeting anal the SRA meeting under item 7. Peterson called for a second to the motion. Dielnn questioned the placement of the meeting reports on the agenda. Nawrocki. stated that they are more appropriate under item #7. Second by Diehm. Upon vote: All ayes. Motion carried. Peterson stated that item E should be removed from the Consent Agenda as Councilmember W iiiiams is a principal in that endeavor. POCL TIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Columbia Heights Athletic Boosters Association Peterson introduced Marsh Stroik, CED of the Athletic Boosters. On behalf of the Columbia Heights Athletic Boosters, Stroik presented a check for $15,000 to the youth programs of the city. She stated the group's hope to increase this amount in the firture. Keith Windschitl, Recreation Director, indicated these funds allow us to offer programs at a reduced rate to the community. Windschitl explained the current Booster calendar fundraiser, which awards prizes weekly throughout the year. Diehm calnmended the Boosters and their creative ways to raise funds. Stroik indicated the importance to do this for the community's youth. Nawrocki indicated that the check should be given to the City Treasurer. Diehm stated that contributions are accepted by resolution a couple of times a year. Peterson also thanked the Boosters for their hard work. Stroik stated their goal is to sell 1,000 calendars. Peter°son indicated that tomorrow, May 12, is the 10`x' annual Community Prayer Breakfast. Pastor Jin, Church of All Nations, will speak at the event. The Heights Idol "round one" City Council Meeting Minutes Monday, May 11, 2009 Page 2 of 18 competition will be May 13 at 7:00 p.m. at Murzyn Hall. The finals will be during the Jamboree on June 27`". On a sad note, Pat Olynyk, past Columbia Heights queen coordinator, passed away this morning. Nawrocki stated that Columbia Heights VFW Post 320 and the Auxiliary would hold their annual Memorial Day Service on Monday, May 25 at 11:30 a.m. at City Hall. CONSENT AGENDA City Manager Walt Fehst took Council members through the Consent Agenda items. Item E removed by Peterson. Nawrocki requested to remove items C, F, G, H, I, J A. Approve minutes of the April 27, 2009 City Council meeting, Motion to approve the minutes of the April 27, 2009 City Council meeting. B. Acceptance of Board and Commission meeting minutes. Motion to accept the March 24, 2009 minutes of the EDA meeting. Motion to accept the May 5, 2009 minutes of the Planning and Zoning Commission 1-neettllg, Motion to accept the Apri17, 2009 minutes of the Library Board meeting. C. Approve membership in the Better Business Bureau. -removed D. Approval for landing of State Patrol Helicopter at Safet~p in Huset Park on June 11, 2009. Motion to approve the landing and take-off of a Minnesota State Patrol helicopter as part of the Summer Safety Camp on June 11, 2009 at approximately 2:00 p.m. at Huset Park. E. Authorize Bobby & Steve's Auto World Youth Foundation Playground Fundraiser -removed F. Adopt Resolution No. 2009-49, being a Resolution accepting bids and awarding the 2009 Miscellaneous Concrete Repairs and Installations, City Project No. 0900 -removed G. Approve Gateway Pedestrian Bridge En ing Bering Scoping_Stud~Re o~rt -removed H. Professional services agreement far the 49th Avenue Pedestrian Bridge -Right of Way acquisition. -removed I. Adopt Resolution 2009-59, being a Resolution amend the 37th and Central LLC Redevelopment Contract. -removed J. Adopt Resolution 2009-60, calling for a Public Hearing for modifications to the C8 TIF Plan - removed K. Adopt Resolution 2009-62, authorizing contract application far a DEED grant, at 3930 University Avenue. Nawrocki questioned the required date for application. Scott CIark, Community Development Director, stated the application has been submitted; with special approval to obtain the resolution this evening, otion to waive the reading of Resolution 2009-52, there being ample copies available for tl~e public. otion to adapt Resolution 2009-62, committing local match and authorizing contract City Council Meeting Minutes Monday, May 11, 2009 Page 3 of 18 signature for application of a contamination investigation and Remedial Action Plan (RAP) grant for the property located at 3930 University Avenue NE, Columbia Heights, Minnesota. L. Approval of the attached list of rental housing license applications, in that they have met the requirements of the Property Maintenance Code. Motion to approve the items listed for rental housing license applications for May 11, 2009. M. Approve Business License Applications Motion to approve the items as listed on the business license agenda for May 1 1, 2009 as presented. N. 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 130123 through Check Number 130293 in the amount of $919,859.76. Addition to the Consent Agenda: O. Adopt Resolution 2009-63, to reschedule the May 25, 2009 City Council meeting. Motion to waive the reading of Resolution No. 2009-63, there being ample copies available to the public. Motion to adopt Resolution 2009-63, being a Resolution rescheduling the Monday, May 25, 2009 regular City Council meeting to Tuesday, May 26, 2009 beginning at 7:00 p.m. in the City Council Chambers. Motion by Diehm, second by Nawrocki, to approve consent items A, B, D, K, L, M, N, and O. Upon vote: All Ayes. Motion carried. C. improve membership in the Better° Business Bacreccu. Nawrocki stated that no other city belongs to this group and we have memberships with other groups. The Activity Fund has agreed to pay one half of the cost. He stated that at the work session Councilmember Diehm indicated it would be appropriate for our liquor stores to be a part of this. The cost could be reduced if this was just for the liquor stores, as the membership is based on employee numbers. Fehst stated that we are also in the water, sewer, and garbage business. It is not a negative to be the first municipal member. The BBB will work with senior outreach and youth programs. This is a trial basis with a contribution of $400.00. Nawrocki stated that with the current financial situation this would not be the time to join. Diehm stated her initial skepticism, as with our enterprise funds we have a monopoly. However, the liquor operation is not the same and as a business, we nm it the best we can. The BBB is a good organization. With the generous donation from the Activity Fund, remaining funds coming from the liquor store, and being only a one year commitment, we can look at the services we were provided. Motion by Kelzenberg, second by Williams, to approve a one year membership with the Better Business Bureau, with $4.00 being contributed by the Columbia Heights Activity Fund and $400 from the City L iyuor F'and, and authorize the City Manager ttJ enter into an agreement fo_r the same. otion by Nawrocki to amend that the membership be for the liquor store operation only, with City Council Meeting Minutes Monday, May 11, 2009 Page 4 of 18 the amount to be based on the liquor store personnel numbers, not the city as a whole. Diehm spoke against the motion, as the BBB will promote our community as a whole. Peterson called for a second to the amended motion. Motion died for lack of a second. Motion to amend by Nawrocki that membership, after the first year, come back to the City Council for discussion. Second by Diehm. Upon vote: All Ayes. Motion carried. Upon vote of the original motion. Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. E. Authorize Bobby & Steve's Auto World Youth Foundation P1aYground Fundraiser Fehst stated that Auto World has proposed to hold a fundraiser at Huset Park West to raise funds for playground equipment. The total would be $85,000, with $50,000 for play equipment and the rest for site preparation. This would include working with the School District to help fund improvements to Castle Heights playground. Tiie event title is "v^iic Conimur~ity". Fel~st stated that our cooperation with the School District on the gyms creates synergy. Fehst explained the anticipated events and the need for improvements to the Castle Heights equipment. Residents surrounding the area will be notified of the events. Windschitl described the proposed layout, which would separate youth and adult activities. Fehst listed the sponsors and vendors for the event. Security and cleanup will be paid by the foundation. Nawrocki asked if this event istn addition to the pledge of $50,000. Fehst stated this is in addition to promote the trust of the foundation. Motion by Nawrocki, second by Diehm, to authorize Bobby & Steve's Auto World Youth Foundation to hold fundraising events with rental fees waived on Friday, June 19, 2009 at John P. Murzyn Hall and Saturday, June 20, 2009 in Huset Park. Upon vote: Kelzenberg, aye; Williams, abstain; Diehm, aye; Nawrocki, aye; Peterson, aye. 4ayes - 1 abstention. Motion carried. F. Adopt Resolution No. 2009-49 being a Resolution accepting bids and awarding the 2009 Miscellaneous Concrete Repairs and Installations, City Project No. 0900 Nawrocki indicated the bids received were $80,000 plus. Hansen stated that was with an alternate for a sidewalk, whicl°~ has been removed. Nawaocki questioned this being above the estimates. Hansen stated that we did benefit from our street work at 20 percent under the estimate. He stated that any increase was for the cost of materials. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2009-49, there being ample copies available to the public with the correction. Upon vote: All Ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2009-49 being a Resolution accepting bids and awarding the 2009 Miscellaneous Concrete Repairs and Installations, City Project No. 0900, to Ron Kassa Construction, Inc., based upon their low, qualified, resporisibie bid ii1 the ai3TOUrat of $42,J01.50 with fends to be appropriated fromt Fund 401-0900-4000; and, furthermore, to authorize the Mayor and City Manager to enter rl~to a contract for the same. Upon vote: All Ayes. Motion carried, G. Approve Castaway Pedestrian Brid~,e En ing_ eerin~ Scoping Study Report City Council Meeting Minutes Monday, May 11, 2009 Page S of 18 Nawrocki stated that he does not support what is proposed for the bridge. Fehst stated that we have passed all but one hurdle to receive $3,000,000 in federal stimulus grants for this work. Under Council direction, staff worked with Congressman Ellison for the first grant to design the bridge. With Council and staff pursuit, this bridge will be built and we will come into compliance with ADA standards. We will also request permission to obtain land right-of--way on both sides of the bridge. Hansen stated there would be a public process throughout the design process. This is a scoping study of what the bridge could be. There is a time frame to qualify for the stimulus money. Nawrocki stated that he is not opposed to accepting money, but questioned replacing the bridge as it complied with any accessibility mandates when the bridge was built and would meet those standards until any major work was done on the bridge. The schools provide transportation for handicapped children. There would be some local costs. He referenced the memo stating the earmark will be approved in 3uly, meaning we are being premature. Fehst stated that funds will not be iocai tax funds, but rather municipal state aid funds. Hansen explained the process and time frame to be ready to obtain the funds. Peterson stated that we are overlooking the wisdom of the council in the past, as the bridge must have been needed. Now it is rusting away and can not be repaired. We need to build it to today's standards. Nawrocki stated that when the bridge was built it was not a case of need, but of desire. In his opinion, the bridge is not structurally falling down. Motion by Williams, second by Kelzenberg, to accept the Gateway Pedestrian Bridge Scoping Study Report dated May 2009, prepared by the Consulting firm of Bonestroo. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. All ayes. Motion carried. H. Professional services agreement for the 49th Avenue Pedestrian BridgeRight of Way acgtiisitioil. Motion by Diehm, second by Kelzenberg, to accept the proposal from Evergreen Land Services in the amount of $33,755, for professional services and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Nawrocki asked if competitive proposals were received. Hansen stated there were not, as we have worked with this firm and choose them because of their experience with this type work and fair price. Nawrocki stated the only way to do this is with competitive bids. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, abstain; Peterson, aye. Diehm request the record reflect the reason for the abstention. Nawrocki indicated he abstained because he daes not feel this is cost competitive and we have net talked with the drug store people, the City of Hilltop, and the property on the other side of the road. Diehm stated that sounds like he is not in fever, but was not a reason for abstaining. Nawrocki stated lie understands this is to seek additional information, but objects to not obtaining competitive proposals for professional services. Diehm asked if he was not in favor of entering into the contract at this time. Naw~°ocki stated that was fair to say. Diel then urged him to change his vote to no. Nawrocki indicated he would stand by his vote. City Council Meeting MinuCes Monday, May i 1, 2009 Page 6 of 18 4 ayes - 1 abstention. Motion carried. Peterson noted that the reason for the abstention does not seem to be a reason. Diehm stated the importance to understand that with. federal funding, we have certain obligations and responsibilities to follow our local ordinances, state law and federal law. There is liability to us if we do not do this correctly. It is extremely important to have professionals in this area do the work. Peterson stated that staff is very confident in this decision and the negotiated price. Fehst stated that we worked with them on the industrial area and they are familiar with federal requirements. I. Adopt Resolution 2009-59 being a Resolution amending the 37th and Central LLC Redevelopment Contract. Motion by Diehm, second by Williams, to waive the reading of Resolution 2009-59 there being ample copies available. Upon vote: All Ayes. Motion carried. Diehm explainea the presentation ny the aeveloper of J ~ and ~.eiitrai, our concerns oi3 the timing, and the request for a delay to guarantee a quality tenant. Motion by Diehm, second by Williams, to adopt Resolution 2009-59, amending the development contract between 37th and Central LLC, and the City Council dated June 24, 2008, changing commencement and completion dates. Nawrocki stated that there will be public and private funds going into this project and wanted an explanation why this is being delayed. Peterson stated that the economy is slow and this development is affected by it like everywhere else. We are extending it out a year to get a good, viable project done there. Nawrocki stated that we move ahead without getting the commitments we should. Upon vote: All Ayes. Motion carried. J. Adopt Resolution 2009-60 calling for a Public Hearing for modifications to the C8 TIF Plan Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2009-60, there being ample copies available to the public Upon vote: All Ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution 2009-60, a Resolution. calling for a Public Hearing by the City Council on the proposed adoption of a modification to the Downtown Central Business District (CBD) Revitalization Plan for CBD Revitalization Project and the proposed adoption of a modification to the Tax Increment Financing Plan for the University Avenue Redevelopment (C8) Tax Increment Financing District, a Redevelopment District; far June 22, 2009. Clark stated this is to allow a public hearing on June 22`~d. This is an aid TIF district, as approved by the EDA, and would buy 20 of the worst properties in foreclosure. This would be seed aney and we will use funds from the C8 District and some fund balance from 2009 and 2010. This begins the six week pracess. City Council Meeting Minutes Monday, May 11, 2009 Page 7 of 18 Nawrocki felt the intent was to hurry and issue bonds against potential revenue from the project. Clark stated no, that money is the Sheffield money. The C8 is to be used for the housing district. The K-mart area TIF would be specifically for the Sheffield area and the C8 is for creating another district. Nawrocki stated the C8 district has reached its end point. Clark stated that was part of a pool to pay bonds and this is the fund balance from the three districts. Nawrocki stated that money should go back to the units of government that participated. Clark stated that would be the Council's decision to have 40 percent come back from the county or to use the entire amount to purchase these properties. Peterson stated that is the reason to establish this public hearing. Nawrocki stated that the Anoka County Union reported that Anoka County will purchase blighted properties, with over one-half of them in Columbia Heights. He requested to receive the addresses of these properties. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. Clark stated that we have had 110 foreclosures since January 1 of this year. Williams asked Councilmember Nawrocki why he speaks of openness in government, yet voted against setting this public hearing. Nawrocki stated that the hearing will be pre-functionary and the vote will probably be four to one after the hearing. Fehst spoke of the adverse tax affect an the original C8 district. Nawrocki stated he did vote for that district, as he had traveled to New York and researched "dynamic compaction". Discussion between Fehst and Nawrocki continued. Peterson explained dynamic compaction. PUBLIC HEARINGS A. Approve Resolution 2009-58, being a Resolution adopting a modification to the Downtown Central Business District. Clark stated the original district was created in 2004 and he listed the boundaries. The modification includes ~~ parcels. Clark showed a iow cliati of the process that goes to 2020. A TIF district establishes a budget and a geographical area. All financial obligations must be in place by July 23 of this year, because of the State's five year rule. The current City Council actions that have happened are a housing pay as you go note far $700,000 and a commercial development note for $300,000. This modification will expand the geographic area and define the use of the funds. If the plan is approved tonight, it will allow by separate action the ability to sell approximately $930,000 of taxable General Obligation Bonds. We would use that money for the existing Sheffield district and the newly modified area. The five year rule is separate from the tax increment plan process. It would allow phases two and three, if built within the next five years, or whatever time period is allowed by the state as an extension. Nawrocki asked if we have copies of the School Board and County response to this. Clark stated that the School Board did not take official action and the County noted that he gave a presentation.. Clark stated that their opinions are advisory only. The school district, on an administrative basis, felt this was a positive action as this is a highly problematic area. Nawrocki stated that we made commitments to the K-mart site development and only one-half of that has been generated. If this is passed, your intent is to issue the $900,000 with the payoff from TIF generated from this site. Nawrocki asked what if the property does not generate the total amount, Clark stated the last increment would be to 2021. Nawrocki questioned if there will be a request far additional funds. Clark stated this is a Pay As You Go and taxable General City Council Meeting Minutes Monday, May 11, 2009 Page 8 of 18 Obligation Bond. If not paid, it would have to be paid by the taxpayer. The Bond Counsel took a very conservative Look at the future income, based on a steeply discounted value. Nawrocki questioned the pay off period for the $700,000. Clark stated it would be paid off in approximately three years. Nawrocki stated that he supported the K-mart project, but he will not support expanding the TIF District as that eliminates money that would have supported city services. Clark stated it is important to recognize that this action does not include the implementation of the bond, but modifies the geographical area of the district. Donna Schmitt, 4260 Tyler Street, asked why we were including the businesses on Central Avenue and if it would benefit them. Fehst stated the purpose is to demolish homes and even Senator Chaudhary suggested that we may be going too small. Clark stated that if we expand the area and the bond is passed, we should consider that we will own properties in the area for future sale. We want to make sure there is maximum reinvestment. The commercial area that abuts this is very thin. The plan is for maximum flexibility. Schmitt asked if there will be funds to aid those that wish to fix up marginal homes. Fehst stated that the EDA looked at a program for this. Clark stated that the EDA has a whole host of programs, such as GMHIC, for renovation. Bob Olden, 1201 42'/2 Avenue, referred to the external goals to retain existing residents. He stated the police indicate there is no "bad" area in our town. He does not understand the intent to tear down buildings. Olden referred to truancy issues, but the students are not from Columbia Heights and not from Sheffield. Peterson stated these homes are in i11-repair, foreclosed and vandalism prone. We are not moving out our citizens. Diehm stated that if we purchased an occupied home we would be obligated to pay for relocation. We are buying unoccupied homes that are selling in the range of $19,000. Deb Johnson, 4626 Pierce Street, stated that she lives in the Sheffield neighborhood and her taxes are still high, but still feels like she is "living in the hood". Peterson stated that we are improving our housing stock. Sheffield has been an issue for many years. We want to get rid of trashy houses. Fehst clarified the external goal referred to by Mr. Olden. Fehst referred to the County Assessor and the value of properties relative to foreclosed, vacant, and abandoned homes. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2009-58 there being ample copies available. Upon vote: All Ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2009-58, approving a modification to the Downtown Central Business District (CBD} Revitalization Plan far the CBD Redevelopment Project; and a modification to the Tax Increment Financing Plan for the K-Mart/Central Avenue Tax Increment Financing District. Nawrocki stated the statistics for the Sheffield area are skewed to the high side, because the high school is in this area. Nawrocki questioned tearing down. the block when. we still owe on the area, Fehst stated that taxes were frozen. when the district was established. The increase in property tax goes to pay off the bonds. Nawrocki requested to receive information on what the frozen tax ar~iount is. Nawrocki asked if tlae intent is for funds fror~i the sales to pay off the bond debt. Clark stated no, the unobligated dollars from the original dollars would be used to City Council Meeting Minutes Monday, May 11, 2009 Page 9 of 18 pay off the district. The intent of unobligated dollars would be to put the revenue back in to the area. We are working with the landlords in this area. Peterson stated that it was Council's direction to pursue these actions. Mr. Clark does an excellent job to get things done that we otherwise could not. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. B. lst Reading: Ordinance 1565, Zanin~ Amendment to rezone 4337 University Avenue_from LB to R-2A. Jeff Sargent, City Planner, stated that the owner of this property would like to rezone this from LB to R-2A one and two family residential. The historic use of this property has been a single family house and was not legally conforming to the district it was zoned. State law requires that if the property is unused for one year it can not be reused until it conforms. The property was foreclosed and vacant for over one year. Nawrocki asked the extent of the home's problems. Sargent stated that it may need to be resided and reroofed. Motion by Kelzenberg, second by Williams, to waive the reading of Ordinance No. 1565, there being ample copies available to the public. Upon vote: Ail ayes. Motion carried. Motion by Kelzenberg, second by Williams, to set the second reading of Ordinance No. 1565, for Tuesday, May 26, 2009, at approximately 7:00 p.m. in the City Council Chambers. Diehm requested a copy of the inspection report before the second reading and requested the property owner attend the meeting to answer questions. Sargent stated the owner has mobility problems, but we will call. and invite him. Upon vote: All Ayes. Motion carried. C. Adopt Resolution 2009-61, being a Resolution approving a_Conditonal Use Permit for a digital LED sign at 4950 Central Avenue. Sargent stated that Top Valu liquor has requested to install a new LED sign, which requires a conditional use permit. Specific standards must be followed, The plans submitted indicate that all standards and requirements would be met. Nawrocki stated there are currently 18 window lit signs on the north side and front of the building and four lit Top Valu signs and miscellaneous signs. He questioned the need for an additional sign. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2009-61, there being ample copies available to the public. Upon vote: All Ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2009-61, approving a Conditianal Use Permit for a digital LED sign for Tap Value Liquor located at 4950 Central Avenue, subject to the conditians outlined in Resolution Na. 2009-61, Upon. vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawracki, nay; Peterson, aye. 4ayes - 1 nay. otion carried. Fehst asked if the Liquor store is in vialation of our sign ordinance. Sargent stated that as long as no mare than 25 percent of the window is covered, it is in copnplianee. City Council Meeting Minutes Monday, May 11, 2009 Page 10 of l 8 D. Adopt Resolution 2009-57 5024 Madison Street N.E. being a Resolution approvin rg ental license revocation for failure to meet the requirements of the Property Maintenance Code. Fire Chief Gary Gorman stated this property has amother-in-law apartment with the owner living in the lower level. It does not meet the requirements for a duplex. The owner has failed to schedule an inspection, file an application, or pay the fees. Motion by Williams, second by Kelzenberg to close the public hearing and to waive the reading of Resolution Number 2009-57 there being ample copies available to the public. Upon vote: A11 Ayes. Motion carried. Motion by Williams, second by Kelzenberg , to adopt Resolution Number 2009-57 being a Resolution 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 license listed. Upon vote: All Ayes. Motion carried. E. Adopt Ordinance 1562 being an Ordinance establishing Fire Department service charges Gorman stated this ordinance would allow for service charges on duties above normal calls, for example vehicle accidents, railroad property fires, technical rescues, under ground utility breaks, state road right of way fires, hazardous spills, and arson f res. Gorman stated that other than vehicle accidents, there would be no charge to residents. Fire calls to a home would not have a charge. This ordinance is very specific on types of calls that would be charged. Gorman stated that no one should be afraid to call 91 l; you will not be charged. Nawrocki stated that he spoke to a Fridley Council member and they only do this on highway accidents involving extrication. The bill would go to the insurance company and if they did not pay, the owner would not be responsible. People pay taxes to support these services. He would speak against the change in policy. Motion by Williams, second by Kelzenberg, to waive the reading of Ordinance No.1562, there being ample copies available to the public. Odden stated that since the budget was passed, the department has been properly funded. These fees are a tax. He q?~estioned the administrative cost to collect the fees. Dwayne Morrell, 4212 Reservoir Boulevard, stated there is not a fee schedule attached. How is the money handled and how is it fire department under budget. Fehst explained cuts to the current budget, due to the loss of Local Government Aid. Peterson indicated that railroad areas are included by State Statute. The hope is to use this Ordinance very sparingly and suggested it be reviewed in one year. Hoeft stated that State Statues allow for the collection of these fees, and we cannot do that unless we pass this type of ordinance. The State has already giving permission to do this. Upon vote: All Ayes. Motion carried. otion by Williams, second by Kelzenberg, to adopt Ordinance No. 1562, being an Ordinance establishing Fire Department Service Charges. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. otion serried. ITEMS FOI2 CNSID TION City Council Meeting Minutes Monday, May 11, ?009 Page 11 of 18 A.Other Ordinances and Resolutions -none B. Bid Considerations -none C.Other Business Nawrocki stated that he attended the Suburban Rate Authority meeting. They are working on the rate increase by Centerpoint of $56,000,000, which is an increase from $6.50 to $14.00 for the right to use their gas. Nawrocki stated that he attended the Local Government Officials meeting, which included what the county is doing regarding the swine flu. A State census worker indicated that we may lose a state representative. An update was given on construction projects in the County, including University Avenue, and legislation on county issues. Diehm questioned if Councilmember Nawrocki has informed the SRA that we have discussed extracting ourselves from the SRA. Nawrocki indicated that the City Manager spoke of this at their last meeting and referred to the notice requirement necessary. The bills tonight include payment for one-half the yearly fee of $1,600. Nawrocki stated he feels the SRA is a worthwhile organization. Diehm referred to money spent to join the BBB and the need to find out what we get from the SRA. She asked him, as the Council representative, to look at this. Fehst stated that we notified them in writing of our removal from the group acid indicated that we will honor our commitment for this year. Diehm indicated the importance if one person on the Council has a position different than the rest, that the person convey the majority wish of the entire council. ADMINISTRATIVE REPORTS Report of the City Manager May 4, 2009 work session Budget discussion - Fehst referred to the Legislature's desire to reduce Local Government Aid (LGA). A report of LGA lost over the past years was distributed. We proposed to increase our budget from 2010 to 2013 to make up for the loss of LGA. We are locked into a ten percent increase because of the gymnasium, the public safety building and Murzyn Hall bonds, and cost of living increases. The goal would be to become self sufficient and not dependent on local government aid. At the work session, Nawrocki stated he requested additional expenditure information, which he has not received. This budget information does not take into consideration the City HRA and County IIRA levies. Fie stated he will not support the increase in property taxes next year. Fehst indicated other items discussed at the May 4 work session were the Better Business Bureau and the pedestrian bridge. Prior to this meeting was an executive session to discuss purchase of the property at 675 37th Avenue. A work session was held following that to discuss the refuse and recycling program. Fehst listed items discussed at the April 28th EDA meeting. Fehst stated the ptablic safety building cast will remain at $11,5 million or less. There is a contingency fund. It should be complete by October and come in under budget. He commended Construction Manager Doc Smith on the job he has done. Nawrocki stated that the Manager did not mention the revisiting ot'the R1B program. 1~`ehst stated that it is not the same program and meetings would be held for the public to hear their views. Fehst stated that the meeting indicated there would be a walking tour with the Planning and Zoning Commission., the Economic Development Authority, and tl~e City Council of sample homes. Felist stated that he did mention the housing protectian program. City Council Meeting Minutes Monday, May 11, 2009 Page 12 of 18 Diehm indicated that she has no problem letting the public know that we have concerns with housing. We want to take a tour of these homes to see what staff is warning us about and educated ourselves. The tour is set for Wednesday, May 27. Peterson stated that we do not want a public outcry on this - we want to educate them. Report of the City Attorney -nothing to report CITIZENS FORUM Debbie Johnson, 4626 Pierce Street, questioned the process at 47`~ and Central. Fehst stated that the gentleman with the contract has hired someone to obtaining financing and meet the necessary requirements. Referring to her earlier comments, Johnson stated that she only asks people to live by the golden rule and keep up their property. Diehm stated that calls for service in Johnson's area have increased and patrolling will increase in the Heritage Heights area. Donna Schmitt, 4260 T vier, indicated disappointment that the Comprehensive Pian has not yet been printed and sent out. Next time we should use our staff to do this. As a Columbia Heights citizen, we need to be neighborly to our neighbors. They are sharing yard duties of a foreclosed home ors their block. Dwayne Morrell, 4212 Reservoir Boulevard, asked if there was a study completed on the pedestrian bridge. Fehst stated it was looked at with federal grant funds. Morrell indicated that he conducted his own study of ``human" use. It does not seem to need replacement. Morrell suggested a Burger King on 37`h and Central, as eating areas are tending to development on the north end of the city. Bob Odden, 1201 42 '/2 Avenue, spoke on the economy and referenced the Burger King property. He commented on the removal of industrial jobs. Deb Johnson stated that she was not duped into living where she does. The homes were a great value. COUNCIL C017dNER Peterson dispensed with Council Corner because of the lateness of the hour. Nawrocki indicated his strong objection to dispensing with Council Corner. Peterson indicated -Don't take ourselves too seriously and do a random act of kindness. !~D~OURNMENT Mayor Peterson adjourned the meeting at 10:29 p.m. ~ ~. :.,~ , ~~ G` ~~ Patricia Muscovltz C City Cle S City Council Meeting Minutes Monday, May 11, 2009 Page l3 of 18 RESOLUTION 2009-62 A RESOLUTION COMMITTING LOCAL MATCH AND AUTHORIZING CONTRACT SIGNATURE FOR APPLICATION OF A CONTAMINATION INVESTIGATION AND REMEDIAL ACTION PLAN (RAP) GRANT FOR THE PROPERTY LOCATED AT 3930 UNIVERSITY AVENUE NE, COLUMBIA HEIGHTS, MINNESOTA 55421 BE IT RESOLVED, that the City of Columbia Heights, Minnesota act as the legal sponsor for project contained in the Contamination Investigation and Remedial Action Plan Grant Program to be submitted no later than May 1, 2009 and that the Community Development Director is hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of the City of Columbia Heights, Minnesota. BE IT FURTHER RESOLVED that the City of Columbia. Heights, Minnesota has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration. BE IT FURTHER RESOLVED that the sources and amounts of the local. match identified in the application. are committed to the project identified. BE IT FURTHER RESOLVED that the City of Columbia Heights, Minnesota has not violated any Federal, State or Local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE iT FURTHER RESOLVED 'that upon approval of its application by the State, the Ciiy of Coli.iiiibia Heights, P~Iiiiiiesota tiiay enter into an agreement with the State of Minnesota for the above-referenced project(s), and that City of Columbia Heights, Minnesota certifies that it will comply with all applicable laws and regulations as stated in all contract agreements. BE IT RESOLVED that the City of Columbia Heights, Minnesota has approved the Contamination Investigation and Remedial Action Plan Grant Application to be submitted to the Department of Employment and Economic Development (DEED) no later than 4:00 p.m., May 1, 2009 by the City of Columbia Heights, Minnesota for the 3930 University Avenue N.E. site. NOW, THEREFORE BE lT FINALLY RESOLVED that the Community Development Director is hereby authorized to execute such agreements as are necessary to implement the project(s) on behalf of the applicant. RESOLUTION N0.2009-63 BEING A RESOLUTION RESCHEDULING THE CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETING OF MONDAY, MAY 25, 2009 WHEREAS: The City of Columbia Heights offices are closed on Monday, May 25, 2009 in observance of Memorial Day; and WHEREAS: The City Council has agreed to reschedule the regular Council meeting to Tuesday, May 26, 2009 beginning at 7:00 p.m. in the City Council Chambers; NOW, THEREFORE, BE IT RESOLVED, that all interested parties be advised of this change. RESOLUTION NO. 2009-49 RESOLUTION ACCEPTING BIDS AND AWARDING THE 2009 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS, CITY PROJECT 0900 TO RON KASSA CONSTRUCTION, INC. WHEREAS, pursuant to an advertisement for bids for City Project No. 0900, Miscellaneous Concrete Repairs and Installations, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder TOTAL Ron Kassa Contruction, Inc. $ 82,11 7.SG Bailey Construction $ 95,277.50 Create Constructions, LLC $103,946.00 WHEREAS, it appears that Ron Kassa Construction, Inc., 6005 250`" St E, Elko, Minnesota is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA. HEIGHTS, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Ron Kassa Construction, Inc. in the name of the City of Columbia Heights, for the 2009 Miscellaneous Concrete Repairs and Installations, City Project No. 0900, for a bid amount of $42,501.50 according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder sliail be retained until the contract has been signed. 3. City Project No. 0900 shall. be funded with State Aid Maintenance Fund, General. Fund, Park Fund, Street Fund, Sewer and Water Fund and PIR funds. City Council Meeting Minutes Monday, May 11, 2009 Page 14 of 18 RESOLUTION N0.2009-59 RESOLUTION APPROVING A FIRST AMENDMENT TO CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF COLUMBIA HEIGHTS AND 37"' AND CENTRAL LLC BE IT RESOLVED By the City Council (the "Council") of the City Columbia Heights Minnesota, (the "City") as follows: Section I. Recitals. I.01. The City and the City of Columbia Heights Economic Development Authority (the "Authority"}and 37th and Central LLC (the "Redeveloper") entered into a Contract for Private Redevelopment dated. June 24, 2008 (the "Contract"}, setting forth the terms and conditions of redevelopment of certain property within the Redevelopment Project, generally located west of Central Avenue at 37a' Street. 1.02. The parties have determined a need to amend the Contract to facilitate the leasing of the Minimum Improvements by granting an extension to the Redeveloper for the commencement of construction to May 1, 2010 and completion of construction to January 1, 2011. 1.03. The Council has reviewed a First Amendment to the Contract and finds that the execution thereof and performance of the Authority's obligations thereunder are in the best interest of the City and its residents. Section 2. City Approval; Further Proceedings. 2.01. The First Amendment to the Contract as presented to the Council is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Manager, provided that CxeCutivn Gf the dvCUiner'it5 by' SliCh ©ifiClaiS shall rile CvnCiuSi'JC' evtdenCe of appro Jai. 2.02. The Mayor and. City Manager are hereby authorized to execute on behalf of the City the First Amendment to the Contract and any documents referenced therein requiring execution by the City, and to carry out, on behalf of the City its obligations thereunder. RESOLUTION NO 2009-60 RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED ADOPTION OF A MODIFICATION TO THE DOWNTOWN CENTRAL BUSINESS DISTRICT (CBD) REVITALIZATION PLAN FOR CBD REVITALIZATION PROJECT AND THE PROPOSED ADOPTION OF A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE UNIVERSITY AVENUE REDEVELOPMENT (C8) TAX INCREMENT FINANCING DISTRICT, A REDEVELOPMENT DISTRICT. RECITALS Section 1. Public Hearine. This Council shall meet on June 22, 2009, at approximately 7:00 P.M., to hold a public hearing on the proposed adoption of a Modification to the Downtown CBD Revitalization Plan for the CBD Redevelopment Project and the proposed adoption of a Modification to the Tax Increment Financing Plan for the University Avenue Redevelopment (C8) Tax Increment Financing District ,which are referred to collectively herein as the "Modifications", all pursuant to and in accordance with ivlinnesota Statutes, Sections 409.124 to 40`9. i 34, aiid Sections 469. i 74 to 469. i 799, inclusive, as amended, in an effort to encourage the development and redevelopment of certain. designated areas within the City; and Section 2. Notice of Public Hearing, Filin:; of Modifications. City staff is authorized and directed to work with Ehlers & Associates, Inc., to prepare the Modifications and to forward documents to the appropriate taxing jurisdictions including Anoka County and Independent School District No. 13. The City Clerk is authorized and directed to cause notice of the hearing, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not later than 10, nor more than 30, days prior to June 22, 2009, and to place a copy of the Modifications on file in the Community Development Director's office at City Hall and to make such copy available for inspection by the public. RESOLUTION N0.2009-58 RESOLUTION ADOPTING A MODIFICATION TO THE DOWNTOWN CENTRAL BUSINESS DISTRICT (CBD} REVITALIZATION PLAN FOR THE CBD REDEVELOPMENT PROJECT; AND A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE K-MART/CENTRAL AVENUE TAX INCREMENT FINANCING DISTRICT. RECITALS Section 1. 1.0L The Board of Commissioners ("Board"} of the Columbia Heights Economic Development Authority ("EDA") l7as heretofore established the CBD Redevelopment Project and adapted the Downtown CBD Revitalization Plan, therefore it has been proposed by the EDA and the City that the City adopt a Modification to the Downtown CBD Revitalization Plan (the "'Revitalization Plan Modification"} for the CBD Redevelopment Project and a Modification to the Tax Increment Financing Plan (the "TIF Plan Modification") far the K-Mart/Central Avenue Tax Increment Financing District (the Revitalization Plan City Council Meeting Minutes Monday, May ll, 2009 Page l5 of 18 Modification and the TIF Plan Modification are referred to collectively herein as the "Modifications"), alI pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.001 to 469.047, Sections 469.090 to 469.1082, and Sections 469.174 to 469.1799, ali inclusive, as amended, (the "Act") all as reflectedrn the Modifications, and presented for the Council's consideration. 1.02. The EDA and City have investigated. the facts relating to the Modifications and have caused the Modifications to be prepared. 1.03. The EDA and City have performed all actions required by law to be performed prior to the establishment of the District and the adoption and approval of the proposed Modifications, intruding, but not limited to, notification of Anoka County and Independent Schaol District No. 13 having taxing jurisdiction. over the property to be included in the K- Mart/Central Avenue Tax Increment Financing District, a review of and written comment on the Modifications by the City Planning Commission, approval of the Modifications by the EDA on April 28, 2009, and the holding of a public hearing upon published notice as required by law. 1.04. Certain written reports (the "Reports"} relating to the Modifications and to the activities contemplated therein have heretofore been prepared by staff and consultants and submitted to the Council and/or made a part of the City files and proceedings on the Modifications. The Reports include data, information and/or substantiation. constituting or relating to the basis for the other findings and determinations made in this resolution. The Council hereby confirms, ratifies and adopts the Reports, which are hereby incorporated into and made as fully a part of this resolution to the same extent as if set forth in full herein. 1.05 The City is not modifying the boundaries of the CBD Redevelopment Project. Sectlaii 2. F[(id1i1~S foi'the AclGption and Appravai Of tl'ie MGC11fCat10nS 2.01. The Council hereby finds that the Modifications, are intended and, in the judgment of this Council, the effect of such actions will be, to provide an impetus for development in the public interest and accomplish certain objectives as specified in the Modifications, which are hereby incorporated herein. 2.02. The Council hereby finds that parcels listed in Appendix C of the TIF Plan Modification should be included in the K-Mart/Central Avenue Tax. Increment Financing District, and adjacent streets and right-of way property; thereby changing the geographic shape of the K-Mart/Central Avenue Tax Increment Financing District. 2.03. The addition of the above-referenced parcels constitute the TIF Plan Modification for the K-Mart/Central Avenue Tax Increment Financing District, and staff is directed to maintain a copy of this resolution with the records for the K- Mart/Central Avenue Tax Increment Financing District. Section 3. FindinUs for the Modification of the K-Mart/Central Avenue Tax Increment Financine District 3.01. The Council. hereby reaffirms the original findings for the K-Mart/Central Avenue Tax Increment Financing District, established as a "renewal and renovation district". 3.02. The Council. hereby finds that the area added to the K-Mart/Central Avenue Tax Increment Financing District meets the requirements fora "renewal and renovation district" under Minnesota. Statutes, Section 469.174, Subd. 10a. 3.03. The Council reaffirms the original findings that the proposed redevelopment would not occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be iess than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximwn duration of the District permitted by the TIF Plan, that the Modifications conform to the general. plan far the development or redevelopment of the City as a whole; and that the Modifications will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development or redevelopment of the District by private enterprise. 3.04. The Council further finds, declares and determines that the City made the above findings stated in this Section and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit A. 3.05. The City reaffirms to calculate fiscal disparities for the District in accordance with Minnesota Statutes, Section 469.177, Subd. 3, clause b, which means the fiscal disparities contribution would be taken from inside the District. Section 4. Public Pur-~ose 4.01. The adoption of the Modifications conforms ir, all respects to the requirements of the Act and will help fulfill a need to develop an area of the City which is already built up, and will revitalize an area characterized by blight and occupied by substandard buildings, and expand the tax base of the City, and. thereby serves a public purpose. Section 5. Approval and Adoption of the Modifications 5.01. The Modifications, as presented to the Council an this date, including without limitation the findings and statements of objectives contained therein, are hereby approved, ratifred, established, and. adopted and shall be placed on file in the office of the Community Development Director. 5.02. The staff of the City, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Modifications and to negotiate, draft, prepare and. present to this Council. tar its eansideration ail further plans, resolutions, documents and contracts necessary far this purpose. 5.03 The Auditor of Anoka County is requested to certify the original net tax capacity of the parcels being added to the K-MartiCentral Avenue Tax Increment Financing District, as described in the Modifications, and to certify in each. year thereafter the amount by which the original net tax capacity has increased or decreased; and. the EDA is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list City Council Meeting Minutes Monday, May 11, 2009 Page 16 of 18 of all. properties within the District, for which building permits have been issued during the 18 months immediately preceding the adoption. of this resolution. 5.04. The Community Development Director is further authorized and directed to file a copy of the Modifications with the Commissioner of the Minnesota Department of Revenue anal the Office of the State Auditor pursuant to Minnesota Statutes 469. l 75, Subd. 4a. RESOLUTION N0.2009-61 RESOLD T ION APPRO VING A CONDITIONAL USE PERMIT FOR TOP VALUE LIQUOR WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2009-0503} has been submitted by Top Vaiue Liquor to the City Council requesting conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 4950 Central Avenue LEGAL DESCRIPTION: On file at City Ha11. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.106 (P)(13)(c}I, to allow a dynamic LED sign in the GB, General Business District. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on May 5, 2009; WHEREAS, the City Council has considered. the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and. its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon tivhich the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been. or will be taken. to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and. other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null. and void if the project has not been completed within one L) calenda~~ year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: i. The dynamic LED signs may occupy no more than iffy perce~it (50%} of the actual copy and grap>^,ic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 2. The dynamic LED sign may not change or move more often than once every ten (10) minutes, except one for which changes are necessary to correct hour-and-minute, date, or temperature information. 3. A display of time, date or temperature information may change as frequently as once every ten (10) seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten (10} minutes. 4. The images and messages displayed must be static, acid the transition from one state display to anather must be instantazieous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 5. The images and ,nessages displayed must be complete in themselves, without continuation i=i content to the next image or message or to any other sign. City Council Minutes Monday, May 11, 2009 Page 17 of 18 6. The dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this ordinance. 7. The dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. The dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level. to a lower level for the time period between one- halfhour before sunset and one half-hour after sunrise. RESOLUTION 2009-57 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 Blanca Guaman (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 5024 Madison Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article 1V, Section SA.408(B), written notice setting forth the causes and reasons fir the prpppced C~~~nril action contained herein was given to the License Holder on April l6, 2009 of an public hearing to be held on May 11, 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 March 26, 2009, 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 April 16, 2009 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 a rental license application and submit 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 Ill SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belcnging to the License Folder described herein and identified by license number U5024_~nnaD is hereby revoked; 2. The City w. ill post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License 1lolder; 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. ORDINANCE NO. 1562 BEING AN ORDINANCE ESTABLISHING FIRE DEPARTMENT SERVICE CHARGES The City of Columbia Heights does ordain: Chapter 8, Article IV of the City Code, is proposed to include the following additions. §8.403 Fds-P Dgpaa~tazP4t SQ~is~ Charg€s. Purpose and Intent The purpose of this ordinance is to establish user service charges for Fire Deparnnent services as described in this ordinance. Dei'mitions The following terms shall apply in the interpretation and application of this chapter: 1. "Motor vehicle" means any self-propelled. vehicle designed and originally manufactured to operate primarily upon public roads and highways, and not operated exclusively upon railroad tracks. It includes any vehicle propelled or drawn by aself-propelled vehicle. This includes semi trailers. It does not include snowmobiles, manufactured homes, all terrain vehicles or park. trailers. 2. 'Motor Vehicle Owner" means ally petso~i, firm, association, or corforatiofi owning or renti~;g a motor vehicle, or having the exclusive use thereof, under a lease or otherwise, far a period of greater than 30 days. 3. "Excavator" means a person who conducts excavation. 4. °L!nderground Pipeline iJtility" means an underground line, facility, syste-n, and its appurtenances used to produce, store, convey, transn-iit, or distribute gas, oil, petroleum products, and other similar substances. 5. "Person" means the state, a public agency, a local governmental unit, an individual, corporation, partnership, association, or other business or public entity or a trustee, receiver, assignee, or personal representative of any of them. City Council Minutes Monday, May 11, 2009 Page 18 of 18 Conflicts In the event of any conflict between. the provisions of this Code and applicable provisions of State law, rules or regulations, the latter shall prevail Emergency Response Service Charges 1. The collection of service charges shall be as authorized in Minnesota Statute 366.011. 2. Collection of unpaid service charges shall be as authorized in Minnesota Statute 366.01.2. 3. The service charges shall be as outlined below. Fees shall. be assessed in accordance with the fee schedule adopted by the City by resolution. A. Vehicle Accident I.) Any incident response to an accident involving a motor vehicle where the Fire Deparhnent is able to render aid, provide assistance, or otherwise improve the conditions of the patients. This would include but not be limited to: Extrication, Medical Care, Absorbing Liquid Spills, Vehicle System Safety, Vehicle Stabilization 2.) An invoice for the service charge will be sent to the motor vehicle owner or owner's insurance company. In the event the owner cannot provide insurance information and is charged for the offense, the city shall collect the fee through the criminal process as defined in the Minnesota State Statutes. 3.) If there is more than one motor vehicle involved for which fire department service is provided, each. motor vehicle owner or insurer will be invoiced an equal share of the service charge. B. Fires Along a Railroad Right of Way or Operating Property 1.) Any incident response to a fire or fire hazard emergency caused. by a railroad locomotive, rolling stock, or employees an a railroad right-of--way or operating propert•,~ as defined in Minnesota Statute 219.761. 2.) An invoice will be sent to the railroad responsible for the railroad right-of--way or operating property. The invoice amount will. follow the Incident Invoice Fee Schedule based on the number of hours on the incident. C. Grass Fires Within Trunk Highway Right-of--Way 1.) Any incident response to a grass fire within the right-of--way of a trunk highway or outside of the right- af--way of a trunk highway if the fire originated within the right-of--way of a trunk highway as defined in Minnesota Statute 161.465. 2.) An invoice will be sent to the commissioner of transportation. The invoice amount will follow the Incident Invoice Fee Schedule based on the number of hours on the incident. D. Technical Rescue 1.) Any incident response to a rescue on the water, ice, confined space, trench, high or low level where specialized equipment and training are required and where the Fire Department is able to render aid, provide assistance, or otherwise improve the conditions of the persons in need of rescue. 2.} An invoice will be sent to the persons, corporation or business owner receiving rescue service. The invoice amount will fallow the Incident Invoice Fee Schedule based on the number of hours on the incident. E. Underground Pipeline Utility Breaks 1.} Any incident response to an underground pipeline utility break if caused. by an excavator or person other than a hcmeowner ar resident. 2.} An invoice will be sent to the excavator or person responsible for the pipeline utility break. The invoice amount will follow the Incident Invoice Fee Schedule based on the number of hours on the incident. F. Hazardous Material I .) Any incident response to the release of hazardous material from it's container, or the threat of a release of a hazardous material from. it's container, chemical reaction., or other potential emergency as the result of a hazardous material where the Fire Department is able to render aid, provide assistance, or otherwise improve the conditions or protect the public. 2.) An invoice will be sent to the person responsible for the hazardous material or transportation of the hazardous material. The invoice amount will follow the Incident Invoice Fee Schedule based on the number of hours on the incident, specialized equipment and materials used on the incident. G. Arson Fire 1.} Any aneldent response to a fire where a person ~s Charged under the arson statutes. 2,.) The fire investigator responsible for the incident investigation will forward all costs encumbered by the Fire Department in association with the incident to the Court for reimbursement through restitution.