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HomeMy WebLinkAbout08/27/2012 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, AUGUST 27, 2012 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, August 27, 2012 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Rev. Bob Lyndes, Crest View Communities, gave the Invocation. Present: Mayor Peterson, Council member Williams, Council member Nawrocki, Council member Diehm, Council member Schmitt PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Peterson removed Resolutions No. 2012-106 and 2012-107 in that the properties have come into compliance. Motion by Nawrocki to add Council Corner to the agenda. Peterson stated this has been addressed and discussed previously. Motion died for lack of a second. Nawrocki indicated he will discuss the budget and the newsletter under the City Manager's report. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. National runner-up - Young Authors' Showcase: Pakue Vang—poetry Peterson introduced Pakue Vang, the 2nd runner up in the International Young Artist's Poetry Showcase. He read the congratulations letter from the National Sister Cities Committee. Vang read her winning poem. She graduated last year and will attend the U of M in pharmacy. Peterson stated our pride in her. B. Retirement - Blaine Muyres, Police Reserve volunteer Police Chief Scott Nadeau indicated that current staff, retired staff, staff from other police departments, and fellow reserve officers were present to support Blaine Muyres. Nadeau indicated the duties of a reserve officer and indicated that Blaine is an outstanding member of our unit. He is retiring after 21 years of service. Nadeau listed some of his accomplishments while under the service of the City of Columbia Heights. Muyres has helped us gain trust in this community. Nadeau stated he will be very much missed and presented him with a plaque. Muyres thanked everyone and stated that it has been an honor to serve this City. He indicated his appreciation for the Council's support of the police reserves. He stated that this service has made him a better probation officer. Nawrocki asked how many reserve officers we have. Captain Lenny Austin stated there are 17 members. Peterson stated his appreciation for those that serve. Fehst pointed out that in the audience is Charles Tyler, who was also a police reserve for 10 years. Schmitt informed the public of the upcoming SACA Rock Legend fundraiser on September 14th. Peterson asked for information on the Library Foundation fundraiser. Pat Sowada indicated that they will have a spaghetti dinner fundraiser on September 12 at 4:30p.m. at Murzyn Hall. City Council Minutes Monday,August 27,2012 Page 2 of 6 Peterson stated there will also be a Sister City benefit on October 215t with an orchestra. The food will be provided by Jeff s, Bobby and Steve's Auto World. CONSENT AGENDA City Manager Walt Fehst took Council members through the Consent Agenda items: A. Approve minutes of the City Council meetings Motion to approve the August 13, 2012 City Council meeting minutes. Motion to approve the August 17, 2012 City Council Primary Canvass meeting minutes. B. Approve Transfer of Funds for Grant Reimbursement, Overtime Details and miscellaneous items from General Fund to Police Department line items Motion to transfer the following from the General Fund to the Police Department 2012 Budget: $3,146.65, the amount of money received from Coon Rapids, the grant administrator for the Safe and Sober program; $2,000, the amount of money received from Anoka County as partial reimbursement for the department's AHDTF Officer; and $4,203, received from School District #13 for security and traffic enforcement details be transferred to line item 1020, Overtime, And that the $5,025.00 received as reimbursement under the JAG grant be transferred to line item 1023, Overtime Other, And that the $370 received from the recycling of spent brass shell casings recovered from the range be transferred to line item 2070, Training and Instructional Supplies, And that the $8,966.42 received from the Minnesota POST board as reimbursement for police officer education expenses be transferred to line item 3105, Training and Educational Activities. C. Approval of the issuance of rental license to Fred Silla, at 4344 2nd Street N.E. Motion to issue a rental housing license to Fred Silla to operate the rental property located at 4344 2nd Street N.E. in that the provisions of the Property Maintenance Code have been met. D. Approve transfer of funds from the Minnesota Board of Firefighter Training and Education and the Emergency Services Regulatory Board from the General Fund to the Fire Department 2012 budget. Motion to transfer$1,823.78, the amount received from the Minnesota Board of Firefighter Training and Education and $14,000.00, the amount received from the Emergency Services Regulatory Board from the General Fund to line item #3105 of the Fire Department 2012 budget. E. Approval of the attached list of rental housing licenses Motion to approve the items listed for rental housing license applications for August 27, 2012 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 August 27, 2012 as presented. G. Payment of 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 144693 through 144873 in the amount of $506,368.08. Motion by Nawrocki, second by Williams, to approve the Consent Agenda items. Upon vote: All City Council Minutes Monday,August 27,2012 Page 3 of 6 ayes. Motion carried. 6. PUBLIC HEARINGS A. Adopt Resolutions 2012-105, 981 43-1/2 Avenue N.E., 2012-106, 1000 Peters Place N.E., 2012- 107, 3849 Edgemoor Place N.E., 2012-108, 2215 45th Avenue N.E., and 2012-109, 3732 3rd Street,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 violations for each property revocation request. Resolutions 2012-106 and 107 were removed,as they have been brought into compliance. Nawrocki stated he had asked to receive a call on revocation properties that come into compliance prior to the meeting. He did receive a call and stated his appreciation for this. Kuma Kamran, 2215 45th Avenue, stated that some items had not been fixed because the tenant was not available. Gorman stated there are exterior items remaining. Diehm suggested we move forward with the revocation and allow staff to make the final determination. Gorman suggested tabling this item. Motion by Williams, second by Nawrocki, to table Resolution 2012-108, 2215 45th Avenue for re-inspection. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Nawrocki, to close the public hearing and to waive the reading of Resolution Numbers 2012-105, and 109 being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Schmitt to adopt Resolution Numbers 2012-105, and 109 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. B. Adopt Resolution 2012-110, 4054 2nd Street being a declaration of nuisance and abatement of violations within the City of Columbia Heights. Gorman indicated the items for abatement. The owner wanted to remove the garage until they learned they would need to replace it. Gorman asked for approval to abate, but indicated they will continue to work with the owner. Motion by Williams, second by Nawrocki, to close the public hearing and to waive the reading of Resolution Number 2012-110 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Nawrocki, to adopt Resolution Number 2012-110 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 property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION -none ADMINISTRATIVE REPORTS Report of the City Manager Fehst stated that council received the proposed 2012 budget and this would be on the Tuesday, September 4 work session for discussion. Fehst referred to the Council's five year budget plan. This City Council Minutes Monday,August 27,2012 Page 4 of 6 is the fourth year of the plan. Fehst referred to unpaid furloughs and working with the loss of Local Government Aid from $2.7 million to $900,000. Fehst explained the reworking of fiscal disparities. In 2012 there was an increase due to industrial taxes,but virtually all residential taxes were reduced by 4.5 to 5%. The assessed market value in Columbia Heights took less of a hit than in other parts of the County. This plan recommends a 3.36% increase,based on the budget we are submitting. We have frozen wages for the last several years. This will be discussed this at the next work session and budget work session dates will be set. We will have a presentation and have department heads present to answer questions. Nawrocki stated his disappointment on receiving the budget as the newsletter indicated this would be received last week. He referred to the revenue from the State, which was not reduced as anticipated. Nawrocki stated that next year, he believes, LGA will stay the same. He referred to foreclosures in the community and the tough times people are going through. He stated he will be looking for budget reductions. The preliminary newsletter spoke of the budget,but he asked that it include utility rate increase information, which it did not include. He referred to the hiring of a City Clerk and the expectation that she would be the Council Secretary. He stated that he spoke to Tori Leonhardt and did some checking on her and indicated his feeling that she would be an excellent secretary. City Clerk Patty Muscovitz indicated that Tori will be the new and improved City Clerk. Nawrocki complimented Muscovitz on her service to the City. He stated that Leonhardt does not need to attend the next work session. Report of the City Attorney—nothing to report CITIZENS FORUM Peterson stated appreciation for Nawrocki's words regarding Muscovitz and Leonhardt. He also complimented Muscovitz and stated his confidence that Leonhardt will do a good job. Nawrocki asked when the next work session would be held. Fehst stated Tuesday, September 4, 2012 at 7:00 p.m. Nawrocki indicated his desire that all Council members be contacted for their ability to attend special meetings prior to them being set. Peterson stated: Don't forget our service men and women. They are doing a great thing for us. He stated his respect for those that serve our country. Peterson indicated that has attended some of the 394th Airborne deployments and rode on a C130 training mission with them. He indicated that he has received an invitation to fly to South Carolina for a tour with them next week. He will pay for it himself and will attend. Peterson stated: Don't take ourselves too seriously and do a random act of kindness. ADJOURNMENT Peterson adjourned the meeting at 7:50 p.m. t atricia Muscovitz C + City Clerk City Council Minutes Monday,August 27,2012 Page 5 of 6 RESOLUTION 2012-105 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 Shah Khan(Hereinafter"License Holder"). Whereas, license holder is the legal owner of the real property located at 981 43-1/2 Avenue NE,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 July 10,2012 of an public hearing to be held on August 27,2012. 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 29,2012 inspectors for the City of Columbia Heights,inspected the property described above and noted violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on July 10, 2012 inspectors for the City of Columbia Heights performed a reinspection and noted that violations remained uncorrected. . A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on August 15,2012 inspectors for the City of Columbia Heights checked records for this property and noted that the violations remained uncorrected 4. That based upon said records of the Enforcement Office,the following conditions and violations of the City's Property Maintenance Code were found to exist,to-wit: a. Shall replace the damaged glass on the west side, 1st floor window b. Shall not block open fire doors; laundry room,hallway c. Shall remove all combustible materials storage from the; laundry room,boiler room d. Shall replace all missing buttons for the doorbell systems 5. That all parties, including the License Holder and any occupants or tenants,have been given the appropriate notice of this hearing according to the provisions of the City Code,Chapter 5A,Article III 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 F11961 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 2012-109 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 Brookline Enterprises,LLC (Hereinafter"License Holder"). Whereas, license holder is the legal owner of the real property located at 3732 3rd 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 August 9,2012 of an public hearing to be held on August 27,2012 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 June 15,2012 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 August 8,2012 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: City Council Minutes Monday,August 27, 2012 Page 6 of 6 a. Failure to submit renewal rental license application and fees b. Failure to schedule renewal interior inspection 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 F11183 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 2012-110 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 Federal National Mortgage Association (Hereinafter"Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4054 2nd Street NE,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 July 31,2012. 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 April 19,2012 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 July 31,2012 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 August 15,2012 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: A. Shall replace the roof on garage B. Shall scrape and paint wherever there is peeling paint on the structure C. Shall install address numbers in the following location(s), front 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 4054 2nd 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 4054 2nd 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.