Loading...
HomeMy WebLinkAboutJuly 13, 2009OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JULY 13, 2009 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, July 13, 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 Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg Rev. Dan Thompson, Columbia Heights Assembly of God Church, gave the Invocation. PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed Public Hearings, Item SC -Resolutions 2009-96 and 2009-97 for rental housing licenses, as these properties have been brought into compliance, and Item 6B -Acquisition of 4522 5th Street. Peterson added Resolution 2009-102, in support of a Veterans Clinic in the City of Ramsey. Nawrocki requested to add a report of the July 6 work session, the Point of Sale meeting and cancellation of the second meeting, and a report by him on the Suburban Rate Authority meeting. Peterson indicated these could be answered. under the Manager's Report. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS Peterson announced that the Recreation Department Moon Shoe Players Murder Mystery Dinner Theater will be held on Thursday, July 23rd at 7:00 p.in. Tasty Pizza will provide the dinner. A. Auditor's presentation - 2008 Report -Questions and Answers Related to the 2008 CAFR and Audit Report Bill Elrite, Finance Director, explained the yearly audit process, which in the past was held at a Council work session. This year the report will be given at this Council meeting. Council members were asked to submit questions, which have been answered and distributed to the Council. David Mol, CPA, Taugtes Redpath Ltd., reviewed and summarized the 2008 Audit Review reports he handed out: • Annual financial report - a "clean opinion" was given on the 2008 financial statements. • Excellence in reporting award -this has been. received annually since 1990. • State compliance report -this covers seven categories testing for compliance. • Internal control -deficiencies noted: Recreational revenue documentation, need to improve the audit trail; adopting special assessment rolls, the Resolution should include the dollar amount; and timely payment to vendors. • Communication to those charged with Governance -including planned scope and timing anticipated, one new standard required to be implemented -GASBY 45, disclosing in financial statement post employment benefits, land held for resale, and depreciation on capital assets. There were no difficulties reported. • Financial Report -Summary by fund type of financial activity. Williams commended Elrite for the 19 years of receiving an award of excellence. City Council Minutes Monday, July 73, 2009 Page 2 of 14 Nawrocki commented on the inadequacy of this presentation. He stated that he met with staff for four hours to go over the audit. He thanked Bill Elrite, Finance Director and Joseph Kloiber, Assistant Finance Director. They were helpful and understanding in responding to his questions. The audit is extremely important. The financial situation of the city is not as bad as the City Manager would have us believe, with considerable surpluses in some funds. We pay $435 to have the award for excellence prepared and submitted. Peterson thanked Elrite for his work and indicated the significance of the award. Fehst referred to the City's jump to the "AA" bond rating and asked Mol what that says about the city. Mol indicated this would result in a lower interest rate on bonds and be a positive impact on the City's finances. Williams stated this is the highest rating the City has ever had. Mol indicated that that Standard and Poors looks at the financial management of the City and considers it significant part of the rating. Elrite stated they do an in-depth look at the city's policies and procedures. Nawrocki stated in his questions he asked about ratings of other cities and recent interest rates. That is part of why we pay Ehlers to try and get us a higher bond rating. CONSENT AGENDA Nawrocki requested the removal of items E, G, H, and I for discussion. City Manager Walt Fehst took Council members through the Consent Agenda items: A. Approve minutes of the June 22, 2009 City Council meeting Motion to approve the minutes of the June 22, 2009 City Council meeting B. Accept the minutes of the Columbia Heights Boards and Commissions Motion to accept the May 27, 2009 minutes of the Economic Development Authority. Motion to accept the June 3, 2009 minutes of the Library Board. Motion to accept the July 7, 2009 minutes of the Planning and Zoning Commission. Nawrocki questioned, from the Library Board minutes, the relationship with Unique Management. Kelzenberg, who is the Library Board Liaison, stated this firm collects overdue funds owed to the Library. This firm has had good results collecting fines and is only paid if they are able to collect a past due account. C. Approve Premises Permit Application for Columbia Heights Athletic Boosters to conduct charitable ag mbling activities at Albert's Restaurant, 547 40th Avenue NE Motion to direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the issuance of a Class B Premises Permit for the Columbia Heights Athletic Boosters Club in conjunction with gambling activities at Albert's Restaurant, 547 40th Avenue NE, and furthermore that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. D. Approve Transfer of Funds from General Fund to Police Department Budget to Reimburse Overtime Fund re: Detox transports Motion to transfer $1,260.00 received from Anoka County for partial reimbursement of costs associated with. detox transports from the General Fund to the Police Department 2009 Budget under line item 1020, Police Overtime. E. Authorize agreement for Computer and Telephone Systems for the New Public Safety Building - removed City Council Minutes i~londay, July 13, ?009 Page 3 of 14 F, Approval of a 1-foot height variance for a fence in the front yard at 3969 Reservoir Blvd. Motion to waive the reading of Resolution 2009-101, there being ample copies available to the public. Motion to adopt Resolution No. 2009-101, approving a 1-foot height variance for a chain link fence in the front yard at 3969 Reservoir Blvd., subject to the conditions outlined in Resolution No. 2008-101. G. Authorize Change Order No. 1 for the 2009 Street Rehabilitation and Alley Reconstruction, Project No. 0902 -removed H. Authorization to seek bids for professional services for final design of the Gateway Pedestrian Bride -removed I. Approve Change Order No. 2 for the Park Improvement Projects: Sullivan Park and Silver Lake Beach Park - Projects 0805 & 0806. -removed J. 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 July 13, 2009. K. Approve Business License Applications Motion to approve the items as listed on the business license agenda for July 13, 2009 as presented. L. Approve payment of the bills Fehst stated this includes our first part property tax receipt from the state. Motion to approve the payment of the bills out of the proper fund as listed in the attached register covering Check Number 130820 through Check Number 131064 in the amount of $11,820,956.09. Motion by Nawrocki, second by Williams, to approve the Consent Agenda items with the exception of items E, G, H and L Upon vote: All ayes. Motion carried. E. Authorize agreement for Commuter and Telephone Systems for the New Public Safety Building Diehm stated that the various options were discussed at the work session and she asked if there was another option. with used phones from the second vendor. Elrite stated the second vendor did not have any used equipment available and did not bid on that option. This is for additional phones only; the current phones will be moved to the new building and be covered under a five year maintenance contract. Elrite stated that staff looked to expand our current system, but there are no parts available. We hired a firm to establish a proposal, with the condition to use as much of the current equipment as possible. The recommendation. is for a Mitel switch, utilizing our current phones. The cost for the switch is $44,550. A five year maintenance contract is $10,400, a significant savings over our current maintenance contract of $34,000. This is a net cost of $22,564. Motion by Williams, second by Kelzenberg, authorize the Mayor and City Manager to enter into an agreement with Marco for a Mite13300 telephone switch upgrade, aaive-year maintenance plan, and a computer networking system based on Alternate #3 of their proposal. Upon vote: All ayes. Motion carried. City Council Minutes Monday, July 13, 2009 Page 4 of 14 G. Authorize Change Order No. 1 for the 2009 Street Rehabilitation and Alley Reconstruction, Project No. 0902 Kevin Hansen, Public Works Director, stated in the current street mill and overlay the existing depth of the bituminous was not enough. To provide the necessary strength we recommend reclaiming the streets, which replaces the asphalt with a four inch material cover. A water main required additional work on a weekend and 70 feet was added to remove this line from the road right-of--way, and includes the replacement of a manhole by a contractor. Nawrocki stated this will result in a fourteen percent increase to property owners, which will still be less that the maximum amount proposed. Motion by Williams, second by Diehm, to authorize Change Order No. 1 for miscellaneous utility work, reclaiming and grading mill and overlay streets and constructing fence maintenance strip, City Project 0902 to C and L Excavating, Inc. in the amount of $66,714.64 to be funded from Water Fund ($2,540.00), State Aid Maintenance Fund ($3,250.00) PIR Fund and Assessments ($55,529.64), and Sanitary Sewer Fund ($5,395.00). Upon vote: All ayes. Motion carried. E. Authorization to seek bids for professional services for final design of the Gatewav Pedestrian Bride Hansen stated this request is for authorization of design bids for the pedestrian bridge. We have received $3,000,000 in grants for the bridge. There are time restraints to be met to obtain the funds. A request has been received from the State asking where we are at with the project. We need to deliver the design by November 13`h. Staffs intention is to bring proposals before the City Council at the first meeting in August. Nawrocki indicated concerns that the current bridge is owned by MNDOT and they are responsible for maintenance. If there are problems, MNDOT should be the one to replace it. Only half of the bridge is in our community. We should submit a formal request to MNDOT to handle this bridge replacement. He referred to the lawsuits following the collapse of the 35W bridge. Motion by Nawrocki, that a written formal request be made of MNDOT to take over replacement of the pedestrian bridge on 49`x' and Central Avenues. Peterson called for a second to the motion. Motion died for lack of a second. Williams stated that MNDOT has already indicated they would not do this. He questioned if Councilmember Nawrocki is stating that we should turn the funds back to the federal government and not replace the deteriorated bridge. Hansen stated that if we do not use the funds, they would be redistributed to others that did not receive funding. Peterson stated that we applied for this money through council action. Moving forward has been approved by Council action. Nawrocki stated, in answer to Councilmember Williams' question, that the bridge is not obsolete. He feels that MNDOT should be asked formally to handle the replacement of the bridge, with the redirection of funds to MNDOT. Nawrocki questioned our ability to receive appropriate bids in three weeks. Motion by Williams, second by Kelzenberg, to authorize staff to seek bids for professional services for the final design of the Gateway Pedestrian Bridge over TH 65 at 49th Avenue. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. City Council Minutes :l~londay, July l3, 2004 Page 5 of 14 Motion carried. F. Approve Change Order No. 2 for the Park Improvement Projects: Sullivan Park and Silver Lake Beach Park -Projects 0805 & 0806. Hansen stated these projects are due to be finalized. There are six work items that are changes in quantity from the original request. Staff had requested the widening of trails for utility work access. There were some soil problems at Sullivan Park that required modification. We recommend approval of the change order, with final approval to be requested in a couple of months. Nawrocki stated that change orders should be brought forward on a timelier basis. He asked why the weeds and grass have not been cut at Silver Lake Beach. Hansen stated we have been in disagreement with contractor on the quality of turf. It needs to be redone. The area was cut on Friday. Motion by Diehm, second by Williams, to authorize Change Order No. 2 for additional quantities of line items and additional work due to field conditions, for the Sullivan Lake and Silver Lake Beach Park Improvements, City Projects 0805 and 0806 to American Liberty in the amount of $24,805, to be funded out of the Park Development Fund 412-50805-5185 ($8,851), 412-50806-5185 ($10,433) and Water Construction Fund 651-50805-5185 ($3,507). Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. Approve acquisition of 4448 Quinc. S~ treet Sheila Cartney, Community Development Assistant, recommended purchase of 4448 Quincy Street for $29,900 plus demolition and tree removal. The property meets our purchase criteria. There have been five families in this home in five years. The Fire Department will train at this site. Nawrocki questioned the tree removal. Cartney explained the proposed fire training to include rescue operations following dropping the tree on the home. Nawrocki asked if rehab prices were obtained. Cartney stated this was not part of the program, but could be obtained at Council request. Nawrocki stated that demolition costs would be increased because of tree removal. Peterson closed the public hearing. Motion by Kelzenberg, second Diehm, to waive the reading of Resolution 2009-91, there being ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution 2009-91, approving the acquisition of property located at 4448 Quincy Street NE; furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: All ayes. Motion carried. B. Approve Acquisition of 4522 5th Street -removed C. Adopt Resolutions 2009-96, 4332 Tyler Street N.E., and 2009-97, 4635 6th Street N.E. being Resolutions approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. -Removed Ciry Council Minutes Monday, July ]3, 2QQ9 Page 6 of l4 D. Adopt Resolutions 2009-98, 4850 4th Street N.E., 2009-99, 5056 Washington Street N.E., and 2009-100, 4030 puincy Street N.E. being declarations of nuisance and abatement of violations within the City of Columbia Heights. Fire Chief Gary Gorman listed abatement violations for each property. Motion by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution Numbers 2009-98, 99, and 100 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution Numbers 2009-98, 99, and 100 being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. Nawrocki indicated properties that need weed abatement: empty lot next to 5010 Washington, 4800 4`h Street, 44`h and Central, and corner of 50`h and Central Avenue. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions Adopt Ordinance No. 1567. being an Ordinance establishing an Emer~encv Moratorium re Mating dynamic LED signs in all commercial districts. Jeff Sargent, City Planner, stated that recently the Council adopted Ordinance 1553 for LED signs. The intent was to allow fuel stations to only utilize the signs for fuel prices, which was inadvertently not included in the ordinance. Staff requests a moratorium to allow time to change the current ordinance. Motion by Nawrocki, second by Diehm, to waive the reading of Ordinance No. 1567, there being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Emergency Ordinance No. 1567, being an Ordinance establishing an Emergency Moratorium for the purpose of protecting the planning process and the health, safety, and welfare of City residents and regulating dynamic LED signs in all commercial districts. Upon vote: All ayes. Motion carried. B. Bid Considerations -none C. Other Business Approve contract for John P. Murzyn Hall Event Security Keith Windschitl, Recreation Director, stated that for current events there is a security officer on duty from one hour after the bar opens until closing, utilizing a City CSO. The Police Department will no longer provide this service. Two bids for this service were received. Staff and the Park and Recreation. Commission recommend G4S Wackenhut for Murzyn Hall security. Nawrocki stated disappointment that our Police Department will no longer offer this service, and questioned our officers stationed at the new Sonic restaurant. Fehst stated we do police work at various businesses, which they pay for and funds are transferred to the police budget. Fehst stated that the amount charged by a private firm will be a savings to customers. Peterson recommended trying the outside service, as there is a 30 day out clause. Nawrocki stated that the reserve officers will no longer obtain. the extra hours they have come to expect. Windschitl stated the Police Department no longer wishes to offer this service, as the reserve City Council Minutes Monelay, July l3, 2004 Page 7 of l4 officers are not trained for the type of situations they recently have encountered. Motion by Diehm, second by Kelzenberg, to contract with G4S Wackenhut for John P. Murzyn Hall security and authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: All ayes. Motion carried. 2. Amend John P. Murzyn Hall Bar Policy Windschitl stated the Park and Recreation Commission has discussed the open bar policy for renters for several years. The current policy, for groups under 275 people, allows the renter to bring in and serve their own alcohol. The other option is to have them pay the Lions organization to serve the alcohol. Recently, some groups do not follow hall policy and procedures, resulting in damage to our facility. It is recommended that any new rental not have the option for an open bar. Individual requests could be made to the Commission and could be approved on a case by case basis. Nawrocki stated that, at the work session, Council members discussed an option for smaller groups. Windschitl indicated that only a few other facilities allowed this. Fehst stated there would be an appeal process to account for individual special requests. Windschitl stated that groups willing to come to the Commission with this special request would show their responsibility. We want someone that minds the policy of the hall and the law. Motion by Diehm, second by Kelzenberg, to amend the John P. Murzyn Hall bar policy to require all new rentals to use the Columbia Heights Lion's Club or a licensed liquor establishment effective immediately. Upon vote: All ayes. Motion carried. 3. Adopt Resolution No. 2009-102, being a Resolution in support of a Veterans Clinic in the Ramsey Town Center Development. Peterson stated that the City of Ramsey has requested support to bring a Veterans Clinic in to their town and read the request from their Mayor. Motion by Nawrocki, second by Williams, to waive the reading of Resolution No. 2009-102, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2009-102, being a Resolution in support of a Veterans Clinic in the Ramsey Town Center Development. Upon vote: All ayes. Motion carried. Mi~cellanern~s Nawrocki stated that previously Councilmember Diehm asked if he represented the Council's feelings at the Suburban Rate Authority meetings. He read a statement indicating he represents the communities concerns. The Authority works with Xcel regarding outages, rate proposals, and their proposed budget. He recognized that our city will not be a member next year. Nawrocki offered to share the information he obtained. ADMINISTRATIVE REPORTS Report of the City Manager Fehst reported on work session discussion items: • Referred to the Hennepin Tec College representatives, Rob Miller and Joe Walferd, and their request to receive our old 1973 engine, valued at about $20,000, in exchange for firefighter training. Training from them allows vouchers from the State, almost doubling the training City Council Minutes Monday, July 13, 2449 Page 8 of 14 value. Discussed EMS taxing districts and the cost for inspection services. We could, along with the City of Hilltop, create a taxing district to cover this. • The Housing Protection program meeting was discussed and members concurred to cancel the next open house. We will instead concentrate on rental density control, registration of vacant/foreclosed properties, and code enforcement rules. This will be done in lieu of a point of sale program, Nawrocki strongly opposed the EMS taxing district and gave the history of our EMS services, which has worked out well. The present system of funding allows people to know what they are paying for. Nawrocki stated that he attended the RIBS proposal hearings. Clark and Cartney did a pretty decent job on explaining why this was proposed and in responding to questions. There were some vocal people, but most were good citizens. This was not a decision that should have been made at a work session. Nawrocki stated that we received a letter from the Board of Equalization reiterating the special schooling requirement. He stated that his certification has expired, but the Mayor has taken the class. If you do not have someone that is trained present, you cannot hold the meeting. Other members should consider taking the class. If no one else does does, he would consider doing so. Fehst handed out the Public Safety Building report. Nawrocki asked if we are using our current furniture. Fehst yes, where we are able to do so. Fehst stated that we are still within budget and on time. Report of the City Attorney -nothing to report. CITIZENS FORUM Donna Schmitt, 4260 Tyler Street, stated the decision on the pedestrian bridge is too soon and asked if it would require a holding pond. Fehst stated that it is less than an acre and not required. The elevator suggested by Schmitt was considered. Expense, safety, and maintenance were the considerations. Schmitt indicated the removal of the bank building sign is a loss for posting community events. She suggested a community information sign on the new bridge. Fehst stated that is being considered. A digital sign would be the most current technology. Nawrocki urged caution in placing signage on the bridge for safety reasons. Fehst indicated he likes the St. Anthony sign. Deb Johnson, 4626 Pierce Street, asked why residents did not attend the RIBS meeting. There were more than a couple of people screaming at the meeting. Johnson read a statement regarding taking government out of your life and listed things that would no longer be available in family life. She stated that people at the meeting were woefully misinformed. The meeting was fora "possible" program. The program was not the total answer, but it was meant to protect neighborhoods. She indicated desire for funding so the property maintenance code could be enforced. She suggested residents educate themselves on the issues and attend meetings, get to know the council members, and voice your opinion in a civil manner. She indicated the need for government involvement in our lives. Fehst stated his appreciation of her statements and indicated that Mrs. Johnson and her husband attend every meeting. Fehst stated that Diehm questioned security at City meetings. We are looking at a system to contact our officers at the touch of a button, for city hall and the library. City Council Minutes Monday, July 13, 2J09 Page 9 of 14 COUNCIL CORNER Kelzenberg • Reported on the good job being done at the Library. He read the statistics from the weekly Green sheet and indicated upcoming events and the increase in attendance, despite the reduction of operating hours. We are doing more with less. Staff should be commended for the good job they do. Williams Thanked Deb Johnson for her love of our city. Some people won't allow a dialogue. He referred to threats he has had made against him. Excited about our "AA" bond rating -this is a great sign of things for our city. Praised the staff that led our city to this. He referred to the $6 million received to remove the junk yard and pollution in the old industrial area. Serious crimes are down 17 percent and part two crimes are down 11 percent. All staff, including Windschitl and Hansen, are doing a great job. It is a great honor to serve this city. Diehm • We had a great Jamboree. Thanked all community partners involved, especially Tasty Pizza for the medallion hunt, which her family participates in. Stated appreciation for the effort that goes into organizing the event. • 411 individuals and 169 families were served by SACA, with over half of them being Columbia Heights residents. Nawrocki Happy that "do more with less" has not been forgotten. The Library report shows that with reduced hours the same number of books were loaned out. We should try this throughout the city. Now that the audit is in, we should look at competitive bids for audit services and legal services. The current economy may give more competitive bids. Read an anonymous letter sent to the Mayor. He stated that if a name was given he would have contacted them and addressed their concerns directly. He commented on items from the letter. Peterson • We are working on the public safety statue fund raiser -the commemorative coins are in and available for sale. • Thanked the Lions and staff for the wonderful job they did on the Jamboree. • The Moonshoe Player performance by Columbia Heights Middle School students will be held on July 23`d. • On August 6`", Death by Desert, will be performed by our High School students. • Don't forget our soldiers. Hopefully the world can be more peaceful and it can happen soon. • Don't take ourselves too seriously and do a random act of kindness. ADJOUJA;NMENT layer mPeterson adjourned the meeting at 9:00 p.m. r-' f~ ~ ~''f ~~ ~ r~-c.~- Xl~atricia Muscovitz C ____. ,..City Clerk City Council Minutes A~londay, July l3, 2004 Page 10 of 14 RESOLUTION N0.2009-101 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR THU LE WHEREAS, a proposal (Case # 2009-0701) has been submitted by Thu Le to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 3969 Reservoir Blvd. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 1-foot height variance for the construction of a 5-foot fence per Code Section 9.106 (E)(2)(b). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on July 7, 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; 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. CONDITIONS ATTACHED: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. 2. The fence will not be placed closer than 36 feet from the front property line. 3. The fence shall be a chain link fence. RESOLUTION N0.2009-91 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT FOR CERTAIN REAL PROPERTY LOCATED AT 4448 QUINCY STREET NORTHEAST IN THE CITY AND ASSIGNMENT THEREOF TO THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY BE 1T RESOLVED By the City Council (the "Council") of the City of Columbia Heights, Minnesota (the "City") as follows: Section 1. Recitals. 1.01. The Columbia Heights Economic Development Authority (the ``Authority") administers the Downtown CBD Redevelopment Project (the "Project") within. the City, which was established under Minnesota Statutes, Sections 469.001 to 469.047 (the "H RA Act"). 1.02. The Authority has undertaken a program to acquire homes in the Project in order to address foreclosure problems and remediate and prevent the emergence of blight. 1.03. The City, as a state public body under Section 469.041 of the HRA Act, is authorized to make contributions to the Project. 1.04. In order to acquire certain properties in a timely fashion, the City has determined to assist with such acquisitions by negotiating with sellers and entering into purchase agreements on behalf of the Authority. 1.05. City staff have negotiated a Real. Estate Purchase Agreement with the Federal Home Loan Mortgage Corporation (the "Seller") dated as of July 1, 2009, including all related addenda and disclosures thereto (collectively, the City Council Minutes Monday, July 13, 2009 Page 11 of 14 "Purchase Agreement"), for real property located at 4448 Quincy Street Northeast and legally described as follows: Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, Lot 3, Block 12 (the "Property"), which Purchase Agreement is contingent upon approval by the City Council. 1..06. The City intends to assign its interests in the Purchase Agreement to the Authority, contingent only upon acceptance by the Authority of such assignment. 1.07. The Purchase Agreement has been prepared and submitted to this Council and is on file with the City Manager. Section 2. Approval and Assi mg Went. 2.01. The Purchase Agreement for the Property is hereby approved, and the execution of the Purchase Agreement by the City is hereby ratified. Pursuant to the Purchase Agreement, the City will purchase the Properly for $29,900. City staff and officials are authorized and directed to take all such other actions to complete the purchase of the Property, including without limitation execution of all documents and agreements related to such transaction. 2.02. Contingent upon approval of the Authority, the City hereby assigns its interests in the Purchase Agreement to the Authority. City staff and officials are authorized and directed to take all such other actions to complete the assignment of the City's interests in the Purchase Agreement to the Authority, including without limitation execution of any documents and agreements necessary to effectuate such assignment. RESOLUTION 2009-98 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Steven M. Clarke (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4850 4`" Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article 11, Section 8.206, written notice setting forth. the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on June 8, 2009. Now, therefore, in accordance with the foregoing, and al] 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 May 5, 2009 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on June 8, 2009 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on July 1, 2009 inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall complete the shed project in back. Exterior must be compliant with the primary structure. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4850 4`" Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The properly located at 4850 4`" Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2009-99 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Nichole Theis (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 5056 Washington Street N.E. Columbia Heights, Minnesota. City Council Minutes Monday, July 13, 2009 Page 12 of 14 And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail. to the owner of record on June 25, 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 May 18, 2009 an inspection was conducted on the properly listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on June 25, 2009 inspectors re-inspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on July 1, 2009 inspectors reinspected the property and found that eight violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall repair the broken picture window in the front and shall sod, lay down grass seed or install approved landscaping material on all bare areas of the yard. Adjacent to the driveway. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the properly located at 5056 Washington Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and. any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 5056 Washington Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2009-100 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Lance E. Thoemke (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4030 Quincy Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on June 9, 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 May 7, 2009 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on June 9, 2009 inspectors re-inspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on July 6, 2009 inspectors reinspected the property and found that two violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall repair the fence in the rear and shall repair the fence along the northern property line 5. That all parties, including the owner of record and any occupants or tenants, have been given. the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4030 Quincy Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. City Council Minutes Monday, July 13, 2009 Page 13 of 14 EMERGENCY ORDINANCE NO. 1561 AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS; AND REGULATING DYNAMIC LED SIGNS IN ALL COMMERCIAL DISTRICTS The City of Columbia Heights does ordain: Section 1: On May 29, 2001, the City of Columbia Heights adopted Ordinance 1428, which is an ordinance relating to and establishing a Zoning and Development plan and revised Zoning Map for the City of Columbia Heights; and, Section 2: Ordinance 1428 and subsequent amendments is officially known as the Columbia Heights Zoning and Development Ordinance; and, Section 3: The Columbia Heights Zoning and Development Ordinance divides the City into five commercial districts, three business districts, and two industrial districts, one mixed development district; and, Section 4: The three commercial districts are further classified in the Columbia Heights Zoning and Development Ordinance as LB, Limited Business District, GB, General Business District, and CBD, Central Business District; and, Section 5: On August 25, 2008, the City Council approved Ordinance 1553, allowing the use of dynamic LED signs throughout the City; and, Section 6: The intent of Ordinance 1553 was to permit dynamic LED signs only as an integral part of a monument sign., with the exception. of motor fuel stations, which may utilize such signage on existing pylon signs to display fuel prices only; and, Section 7: Language specifying that motor fuel stations may only utilize dynamic LED signs on existing pylon signs to promote the price of fuel only was inadvertently omitted from Ordinance 1553; and, Section 8: The Columbia Heights City Council finds it necessary and appropriate to prohibit the expansion of new dynamic LED signs within the City, while Ordinance 1553 is amended in order to reflect the original intention of the ordinance; and, Section 9: Minnesota Statues, Section 462.355, Subd. 4 allows the City of Columbia Heights to adopt this Interim Ordinance to protect the planning process. The City Council finds that adoption of this Interim Ordinance will protect the planning process and the health, safety and welfare of its citizens while the study provided for in this Ordinance is being conducted; and, Section 10: The Columbia Heights City Council hereby imposes a moratorium on dynamic LED signs in the LB, Limited Business District, GB, General Business District, and CBD, Central Business District effective immediately for the duration. of six months, terminating on January l3, 2010, and recognizing said time period may be shortened by an ordinance adopted by the City Council. Section 11: Activities affected by this moratorium include the establishment of new dynamic LED signs within the LB, GB and CBD Commercial Districts in the City of Columbia Heights for the purpose of protecting the planning process pending completion. RESOLUTION N0.2009-102 RESOLUTION IN SUPPORT OF A VETERANS CLINIC IN THE RAMSEY TOWN CENTER DEVELOPMENT WHEREAS, men and women throughout Minnesota have served in the Armed Forces of the United States in times of peace and in times of war; and. WHEREAS, by virtue of their commitment and service to their country, these men and women are entitled to quality, accessible medical care; and WHEREAS, the United States Department of Veterans Affairs desires to construct a new Community Based Outpatient Clinic (CBOC) to provide health care services to these veterans; and WHEREAS, many of the veterans who would be served by a new CBOC will rely on public transportation in order to access the medical services they need; and WHEREAS, a new CBOC should be accessible via public highways and mass transit; and WHEREAS, the Ramsey Town Center development in the City of Ramsey, Minnesota, is ideally located along US Highway 10, with transit bus service available and Northstar Commuter Rail service in close proximity in the near future; and City Council Minutes Monday, July 13, ?449 Page 14 of 14 WHEREAS, the Ramsey Town Center development has fully established land and infrastructure to support the operation of a large medical clinic; and the City of Ramsey is willing and able to offer suitable sites in the Ramsey Town Center project for the construction of such a facility; and WHEREAS, the Columbia Heights City Council supports the construction of a new veterans CBOC in the City of Ramsey to be located in the Ramsey Town Center development. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, ANOKA COUNTY, STATE OF MINNESOTA, as follows 1. That the Columbia Heights City Council, via resolution, supports the construction of a new Veterans CBOC in the City of Ramsey to be located in the Ramsey Town Center development. 2. That the Columbia Heights City Council urges the United States Department of Veterans Affairs to expedite the construction of a new CBOC at the earliest possible time. Whereupon said resolution was declared duly passed and adopted by the Columbia Heights City Council this 13t~' day of July ?009.