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HomeMy WebLinkAbout10/24/11 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, OCTOBER 24, 2011 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, October 24, 2011 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL /INVOCATION Pastor Dan Thompson, Columbia Heights Assembly of God Church, gave the Invocation. Present: Mayor Peterson, Council member Nawrocki, Council member Diehm, Council member Schmitt Absent: Council member Williams PLEDGE OF ALLEGIANCE - recited ADDITIONS /DELETIONS TO MEETING AGENDA Mayor Peterson removed Resolutions 2011 -116, 2011 -117, 2011 -120, 2011 -121, and 2011 -122 in that the properties have been brought into compliance. Nawrocki requested to discuss the newsletter, the budget, and items for the City Manager to answer. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS Peterson stated there will be a Lee Carlson Center fundraiser breakfast at Bridgeview in Blaine on November 1 There will be a guest speaker and entertainment. Peterson stated that on Friday, November 18, he, along with the Women of Today, will host a holiday kick -off "Taste of Columbia Heights" event at Murzyn Hall. Admission will be $2. There will be local food vendors and local musicians. Proceeds will go to the Columbia Heights Activity Fund. CONSENT AGENDA Nawrocki requested to remove items B, C, and D for discussion. City Manager Walt Fehst took Council members through the remaining Consent Agenda items: A. Approve City Council meeting minutes Motion to approve the minutes of the October 10, 2011 City Council meeting. B. Accept a Grant Agreement amendment with Anoka County for Improvements to Recycling Center - removed C. Request the formation of a task force - removed D. Adopt Resolutions 2011 -124 and 2011 -125, being resolutions providing for the prepayment and redemption of certain outstanding general obligation bonds of the City and approving the terms of an internal loan in connection with redemption of the City's general obligation improvement and sewer and water revenue bonds series 2003A. - removed E. Approval of attached list of rental housing applications. City Council Minutes Monday, October 24, 2011 Page 2 of 10 Motion to approve the items listed for rental housing license applications for October 24, 2011 in that they have met the requirements of the Property Maintenance Code. F. Approve Business License Applications Motion to approve the items as listed on the business license agenda for October 24, 2011 as presented. G. Review payment of the bills Motion that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 140843 through 141025 in the amount of $1,084,604. Nawrocki requested that the people /companies that own benches in town be reminded to keep the area picked up and clean. Motion by Nawrocki, second by Schmitt, to approve the Consent Agenda items with the exception of items C, D, and E. Upon vote: All ayes. Motion carried. B. Accept a Grant Agreement amendment with Anoka County for Improvements to Recycling Center Jessie Davies, Public Works Administrative Assistant, stated that funds received would install a new fence and gate, some new signs, a security camera (shared with the municipal service center), and a new walk -up platform to the dumpsters. A $1,150 match is required from the City. Motion by Nawrocki, second by Schmitt, to accept the amendment to the Residential Recycling Program agreement to include the Recycling Enhancement Grant in the amount of $14,600 with Anoka County for improvements to the Recycling Drop -off Center, and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: All ayes. Motion carried. C. Request the formation of a task force Becky Loader, Library Director, gave the history of the Columbia Heights Library, started in 1928. A little red wagon was used to collect donations to start the library. The library moved five times before the current building was built in 1960. In 1965 the city received an LSCA Grant and a Civil Defense Grant to build a two floor addition onto the original building and in 1975 the library took over the basement area that was a Civil Defense office and gun range. Since that time numerous construction and remodeling projects have taken place to keep the building up to safety standards, ADA requirements, and to accommodate changes in technology. Loader referred to the Design Team visit, the Space needs Committee, and the survey by Decision Resources. Comments from the public supported the need for a new Library. In 2001 the Library Board raised money to set up a foundation to serve as an organization that could raise money and hold it long term for a building project. In 2011 the two Boards and the Friends of the Library have joined together to request that the City Council consider forming a task force to plan the possible replacement either of the library building and City Hall with a single building or the library building. Nawrocki gave his history with the library. He stated opposition to build another city hall, as we just put $100,000 improvements in this one. He also stated that he is not opposed to a study for another library building, but we must take into consideration our current $30,000,000 debt. The City Council Minutes Monday, October 24, 2011 Page 3 of 10 library study would have to conclude with a cost estimate and way to pay for it. This may be delayed if they recommend building a new building. Nawrocki stated concern that the current Library budget should cover the cost of a study. They should look at their budget and remove items to pay for the study. Schmitt stated appreciation for all the work done on this and for answering her questions. She stated concern about the cost. In 2006 the estimated cost was $8 to 12 million. Schmitt proposed that funds from the sale of Parkview Villa be put aside for this. The library is very actively used and is appreciated in this city. If we could get at least one grant, we may be able to come up with some matching funds. Diehm stated that everyone is concerned about the cost. We are being asked to look at names of people to establish a task force. They would not make decisions. It would come back to us. The library has been in the planning process for 12 years and it always starts and then stops. We promote their fund raisers and see how much the library is used on a daily basis. To develop a task force is not a big risk for us. We should discuss how it would be funded. The vision has to start somewhere and this is a reasonable request by the Library Board. Nawrocki stated that we need people knowledgeable about the services, but we also need some non -bias people on the committee. Diehm stated that is a valid point. With the community center task force we enlisted people with varied opinions. Cliff Shedlov, Library Foundation, stated that this library is at its maximum. To keep the city moving forward, we need this. Katherine Vesley, Library Board, stated that the Library needs to continue to grow with technology. We have over 13,000 active library cards in a community of 18,000 people. Don Vesley, Foundation Board, stated that the Library Foundation has taken on the task of fundraising, and would look to find a major donor. They take raising money very seriously. The citizens of Columbia Heights care. Nawrocki stated his belief that the city put aside $200,000 for something to be done with the library. He questioned how much the Library Foundation has raised. Mr. Vesley stated over $62,000. When we reach $100,000 we may be able to obtain a matching grant. We hope to have a concept plan drawn by an area architect, who has offered to do this pro bono. If we do not have the commitment, we will not pursue this. Motion by Nawrocki that the City Council authorize formation of a committee to look into the possible replacement of the library building, including the potential cost and funding, with the cost of the study to come from the existing library budget. Diehm questioned the cost to hire a consultant to facilitate the task force. Loader stated this was looked into before, but got nowhere. Before commitments, we will not pursue this. Diehm stated she was comfortable supporting or making a motion that authorizes the formation of a task force with the understanding that the funding aspect will come back to us, ideally before our budget is finalized. It is difficult to believe that we would invest a lot of money in a city hall in the near future, but it would be short sighted to not at least, through our concept plan, think about a building that would allow for future expansion to combine a library and city hall. Schmitt agreed, stating the emphasis should be on the library. The motion states a "possible" replacement of city hall. City Council Minutes Monday, October 24, 2011 Page 4 of 10 Peterson called for a second to the motion. Motion died for lack of a second. Motion by Schmitt, second by Diehm, to recommend that the City Council authorize the formation of a task force to plan the possible replacement either of the library building and City Hall with a single building or the library building. Upon vote: Schmitt, aye; Diehm, aye; Nawrocki, abstain; Peterson, aye. 3 ayes — 1 abstention. Motion carried. D. Adopt Resolutions 2011 -124 and 2011 -125, being resolutions providing for the prepayment and redemption of certain outstanding general obligation bonds of the City and approving the terms of an internal loan in connection with redemption of the City's general obligation improvement and sewer and water revenue bonds series 2003A. Joe Kloiber, Finance Director, stated this is paying off debt early to save interest fees, as we have sufficient funds to do so. The bond portion was for street assessments and utility revenues at 3.75 percent interest and is higher than investment interest of 2 or 2.5 percent. Paying off the utility bond with an internal loan would be at a slightly better rate. Kloiber stated the bond was for $2 million, issued in 2003, and has been partially paid off. Nawrocki questioned what the process would cost us. Kloiber stated there would be a small fee for drafting the resolutions of about $600. The benefit of an internal loan is there are no extra costs. Schmitt questioned how this will affect next year's budget. Kloiber stated this will save about $50,000 over six years. Motion by Diehm, second by Schmitt, to waive the reading of Resolutions 2011 -124 and 2011- 124, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, to adopt Resolutions 2011 -124 and 2011 -125, being a resolution providing for the prepayment and redemption of certain outstanding general obligation bonds of the City, and a resolution approving the terms of an internal loan in connection with redemption of the City's general obligation improvement and sewer and water revenue bonds series 2003A. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. Adopt Resolutions 2011 -116, 4317 5th Street N.E., 2011 -117, 4330 3rd Street N.E., 2011 -119, 3865 Tyler Street N.E., 2011 -120, 981 43 -1/2 Avenue N.E., 2011 -121, 4252 Washington Street N.E., 2011 -122, 4530 Washington Street N.E., and 2011 -123, 1162 -64 Cheery Lane, being Resolutions of the City Council of the City of Columbia Heights approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Fire Chief Gary Gorman indicated the reasons to request rental license revocation: 2011 -119, 3865 Tyler Street N.E., - failure to schedule an inspection, no license application or fees. 2011 -123, 1162 -64 Cheery Lane - failure to submit license application. Motion by Diehm, second by Schmitt, to close the public hearing and to waive the reading of Resolution Numbers 2011 -119, and 123 being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, to adopt Resolution Numbers 2011 -119, and 123 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental licenses listed. Upon vote: All ayes. Motion carried. City Council Minutes Monday, October 24, 2011 Page 5of10 B. Adopt Resolution 2011 -126, 1605 49th Avenue N.E. being a declaration of nuisance and abatement of violations within the City of Columbia Heights. Fire Chief Gary Gorman indicated the reason to request abatement for: 2011 -126, 1605 49th Avenue N.E. for repair /replacement of rotted fence around the back yard. Motion by Nawrocki, second by Schmitt, to close the public hearing and to waive the reading of Resolution Number 2011 -126 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Schmitt, to adopt Resolution Number 2011 -126 being a resolution of the City Council of the City of Columbia Heights declaring the property 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. C. Second Reading of Ordinance 1602 Authorizing the Police Department to Conduct Criminal History Background Investigations Motion by Diehm, second by Schmitt, to waive the reading of Ordinance No. 1602, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, to adopt Ordinance No. 1602 being an Ordinance Authorizing the Police Department to Conduct Criminal History Background Investigations. Upon vote: All ayes. Motion carried. D. Second Reading of Ordinance 1604, being a Zoning Amendment as it relates to Variances Motion by Diehm, second by Schmitt, to waive the reading of Ordinance No. 1604, being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt, to adopt Ordinance No. 1604, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments outlined in Ordinance 1604. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions - none B. Bid Considerations - none C. New Business and Reports - none ADMINISTRATIVE REPORTS Report of the City Manager Nawrocki read a statement on his displeasure with the budget meeting. We were asked to put questions in writing. There are over 600 to 700 pages of the budget and he has gone over all of them. Staff indicated pages where information could be found, but did not give the actual numbers, which shows disrespect. The city charter has language giving the Council control over city finances, which he takes very seriously. Nawrocki stated the newsletter material on the budget says practically nothing. It does not indicate that we should look at reductions to the budget. He had asked twice for copies of the budget article before it was published. He only had from Friday to Monday to make comments. Nawrocki stated that the cable station only talks about taking yard waste to Anoka County and the newsletter has no information that residents receive curb side pickup of yard waste using special bags, which is included as part of their utility bill. Pick up stops after Thanksgiving and the cut off dates should be listed. Peterson stated that yard waste pick up is from April to November, and this is the winter City Council Minutes Monday, October 24, 2011 Page 6 of 10 newsletter. Diehm stated that the Aldi building construction is coming along. When is the anticipated opening? Peterson indicated the original plan was to be open by Thanksgiving. Fehst stated that this is a good addition to our city. Fehst respectfully disagreed with Council member Nawrocki regarding the budget and the Homestead Market Value presentation. Many other communities are misrepresenting this. Fehst again explained how the Homestead Market reduction can be skewed. He thanked Kloiber for his presentation and the budget article. Diehm questioned when the public would receive the Homestead Market Value presentation. Fehst stated it is planned for November 14. Nawrocki disagreed with the City Manager, stating he looks at this through the eyes of the community. The final budget has not yet been decided by the City Council. Nawrocki requested an update on the Huset Park townhome development. Fehst stated they are in negotiations with the bank. Ryland Builders are gone. Nawrocki stated that on the Ramsdell park shelter building there are posts that hold up the roof with hazardous rods sticking up. Fehst stated that the Park and Recreation Commission will meet at this park on Wednesday. Nawrocki stated that the fence behind Kentucky Fried Chicken has a part that needs to be replaced. Report of the City Attorney - nothing to report CITIZENS FORUM Deb Johnson, 4626 Pierce Street, stated that she is surrounded by lender owned properties and the leaves blow in her yard. She does not mind cleaning them up, but is not willing to pay for the yard waste bags for their leaves. It is wonderful to have the yard waste container. Fehst stated that our violation process does not include leaves blowing on other people's property. It is very expensive for a city to pick up all leaves. Fehst asked for specific addresses. Nawrocki stated he has the same situation next door to him. He suggested mowing over the leaves to chop them up. Peterson stated "Thank your service men and women; keep them in your thoughts and prayers. Don't take yourself too seriously, and do a random act of kindness ". ADJOURNMENT Mayor Peterson adjourned the meeting at 8:08 p.m. Patricia Muscovitz C9ity Clerk RESOLUTION NO. 101 -124 RESOLUTION PROVIDING FOR THE PREPAYMENT AND REDEMPTION OF CERTAIN OUTSTANDING GENERAL OBLIGATION BONDS OF THE CITY BE IT RESOLVED By the City Council of the City of Columbia Heights, Anoka County, Minnesota, as follows: 1. The City has issued and sold its General Obligation Improvement and Sewer and Water Revenue Bonds, Series 2003A, dated June 1, 2003 (the "Bonds ") in the total principal amount of $2,600,000. Bonds maturing on or after February 1, 2010, are subject to redemption and prepayment on February 1, 2011 and on any date thereafter at a price of par plus accrued interest. 2. It is determined that it is in the best interests of the sound financial management of the City that Bonds maturing on February 1 in the years 2012 to and including 2018, comprising all of the Bonds subject to redemption, be prepaid and redeemed on City Council Minutes Monday, October 24, 2011 Page 7 of 10 December 1, 2011 and those Bonds are hereby called for redemption on that date. 3. The Registrar is authorized and directed to publish, in accordance with law, a notice of call for redemption of the Bonds in the form attached hereto as EXHIBIT A to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar, and to mail a copy of the notice to the original purchaser of the Bonds. The motion for the adoption of the foregoing resolution was duly seconded by Member Schmitt, and upon vote being taken thereon, the following voted in favor thereof: Mayor Peterson, Council member Nawrocki, Council member Diehm, Council member Schmitt. and the following voted against: - none whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 2011-125 APPROVING THE TERMS OF INTERNAL LOAN IN CONNECTION WITH REDEMPTION OF THE CITY'S GENERAL OBLIGATION IMPROVEMENT AND SEWER AND WATER REVENUE BONDS, SERIES 2003A BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA ( "CITY ") AS FOLLOWS: Section 1. Background. 1.01. By separate action, the City has determined to prepay the City's $2,600,000 General Obligation Sewer and Water Revenue Bonds, Series 2003A (the "Series 2003A Bonds "), on December 1, 2011 (the "Redemption Date "). 1.02. The outstanding principal amount of the Series 2003A Bonds is $1,220,000, of which $660,000 represents the Improvement Bonds portion of the Series 2003A Bonds, and $560,000 represents the Sewer and Water Revenue Bonds portion of the Series 2003A Bonds (as those terms are defined in Resolution No. 2003 -21 awarding sale of the Series 2003A Bonds). 1.03. The City has determined to temporarily finance a portion of the amount need to redeem the respective portions of the Series 2003A Bonds from available funds in the Capital Equipment Replacement Fund 431 ( "Fund 431 "), which fund is administered by the City and has a balance that is legally available for such purposes. 1.04. The City intends to reimburse Fund 431 for the costs of such bond redemption from water and storm sewer revenues in accordance with the terms of this resolution (which terms are referred to collectively as the "Internal Loan "). Section 2. Terms of Internal Loan. 2.01. On the Redemption Date, the City shall advance money from Fund 431 to pay the following portions of the cost to redeem the Improvement Bonds and Sewer and Water Revenue Bonds, respectively: Improvement Bonds: $ 17,000 Water and Sewer Revenue Bonds: 482,000 Total Internal Loan $499,000 2.02. The Internal Loan shall be repaid from the following sources and in accordance with the following terms: Improvement Bonds: $17,000, from net revenues of the City's water fund. Water and Sewer Revenue Bonds: $381,000 from net revenues of the City's water fund. $101,000 from net revenues of the City's storm sewer fund Therefore, the total principal amount of the Internal Loan repaid with net water revenues is $398,000, and the total principal amount repaid with net storm sewer revenues is $101,000. For each component, the City shall repay Fund 431 the principal amount advanced together with interest thereon accruing from the Redemption Date at the annual rate of 3.5 %, all payable from the net revenues as described above (which payment is subordinate to any other internal loans or obligations secured in whole or in part with such revenues). 2.03. Principal and interest ( "Payments ") shall be paid annually on each December 31, commencing December 31, 2012 ( "Payment Dates ") and continuing through the date the principal and accrued interest on each component of the Internal Loan is paid in full. The proposed payment schedule is attached hereto as Exhibit A. 2.04. The principal sum and all accrued interest payable under this Internal Loan are pre - payable in whole or in part at any time by the City without premium or penalty. 2.05. This resolution is evidence of an internal borrowing by the City and shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the City. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on this Internal Loan or other costs, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on this Internal Loan or other costs incident hereto. The City shall have no obligation to pay any principal amount of the Internal Loan or accrued interest thereon, which may remain unpaid after the final Payment Date. 2.06. The City may amend the terms of this Internal Loan at any time by resolution of the City Council, including a determination to forgive the outstanding principal amount and accrued interest to the extent permissible under law. Section 3. Effective Date. This resolution is effective upon the date of its approval. RESOLUTION 2011 -119 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article City Council Minutes Monday, October 24, 2011 Page 8 of 10 IV, Section 5A.408(A) of that certain residential rental license held by Gonzalo A. Olojan (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 3865 Tyler Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 14, 2011 of an public hearing to be held on October 24, 2011. 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 August 30, 2011 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 September 14, 2011 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 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 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U3865TY is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2011 -123 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Katherine Crosby (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 1162 -64 Cheery Lane N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on October 6, 2011 of an public hearing to be held on October 24, 2011. 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 August 15, 2011, inspection office staff sent a letter requesting the owner of the property submit the rental license application for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on October 6, 2011 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to -wit: Failure to submit family exempt renewal rental license application. 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 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number FE -1162 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2011 -126 City Council Minutes Monday, October 24, 2011 Page 9 of 10 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 Sharron Weglinski (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 1605 49 Avenue, 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 September 29, 2011. 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 August 18, 2011 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 29, 2011 inspectors reinspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on October 11, 2011 inspectors reinspected the property and found that 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 /replace the damaged'rotted fence around the back yard. Shall replace any missing fence sections. 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 1605 49` Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 1605 49` Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. ORDINANCE 1602 BEING AN ORDINANCE AUTHORIZING THE POLICE DEPARTMENT TO CONDUCT CRIMINAL HISTORY BACKGROUND INVESTIGATIONS The City of Columbia Heights does ordain: Article IV, Chapter 3, Section 402 of the Columbia Heights City Code, is hereby amended to read as follows: §3.402 BACKGROUND CHECKS (A) At the direction of the City Manager, or his designee, the Police Department is authorized to conduct criminal history background investigations on applicants for positions with the city as provided by this section. This section applies only to applicants who are finalists for paid or volunteer positions with the city, where the City Manager, or his designee, has determined that conviction of a crime may relate directly to the position sought. The Police Department may not perform a background investigation unless the applicant consents in writing to the investigation and to the release of the investigation information to the City Manager and other city staff as may be appropriate. An applicant's failure to provide consent may disqualify the applicant for the position sought. (B) If the applicant's application is rejected due solely or in part to the applicant's prior conviction of a crime, subject to the exception set forth in M.S. § 364.09, as it may be amended from time to time, the City Manager or his designee, must notify the applicant in writing of the following: (1) The grounds and reasons for the rejection. (2) The applicable complaint and grievance procedure set forth in M.S. § 364.06, as it may be amended from time to time. (3) The earliest date the applicant may reapply for employment. (4) That all competent evidence of rehabilitation will be considered upon reapplication. City Council Minutes Monday, October 24, 2011 Page 10 of 10 (C) At the direction of the City Manager, or his designee, the Police Department is authorized to conduct criminal history background investigations on applicants for city licenses. (D) In conducting the criminal history background investigation in order to screen license applicants, the Police Department is authorized to access data maintained in the Minnesota Bureau of Criminal Apprehensions Computerized Criminal History information system in accordance with BCA policy. Any data that is accessed and acquired shall be maintained at the Police Department under the care and custody of the chief law enforcement official or his or her designee. A summary of the results of the Computerized Criminal History data may be released by the Police Department to the licensing authority, including the City Council, the City Manager, or other city staff involved in the license approval process. This ordinance shall be in full force and effect from and after 30 days after its passage. ORDINANCE NO. 1604 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING THE VARIANCE PROCEDURE AND REQUIREMENTS WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.104(G) of the Columbia Heights City Code, is thereby amended to read as follows: § 9.104 ADMINISTRATION AND ENFORCEMENT. (G) Variances. (1) Purpose. The purpose of a variance is to provide a means of departure from the literal provisions of this article. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. It is not the intent of this section to allow a variance for a use that is not permitted within a particular zoning district. (2) Right of Application. Any person with a legal interest in the property may file an application for one or more variances. (3) Application for variance. An application for a variance shall be filed with the Zoning Administrator on the approved form and shall be accompanied by a site plan and any other information determined by the Zoning Administrator to be necessary. (4) Public hearing. The Planning Commission, sitting as the Board of Appeals and Adjustments, shall hold a public hearing on the complete application for a variance in accordance with the requirements of this section. After the close of the hearing, the Planning Commission shall make findings and submit its recommendation to the City Council. (5) City Council action. The City Council shall make the final decision regarding an application for a variance from the provisions of this article. Approval of a variance shall require a simple majority vote of the City Council. (6) Required findings. The City Council shall make each of the following findings before granting a variance from the provisions of this article: (a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. (b) 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. (c) The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. (d) The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. (e) The granting of the variance will not be materially detrimental or the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. (7) Conditions of approval. The City Council may establish any reasonable conditions of approval that are deemed necessary to mitigate adverse impacts directly associated with granting of the variance and to protect neighboring properties. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage