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HomeMy WebLinkAbout10/22/2012 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, OCTOBER 22, 2012 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, October 22, 2012 in the City Council Chambers, City Hall, 590 40'1' Avenue N.E., Columbia Heights, Minnesota. 1. CALL TO ORDER/ROLL CALL/INVOCATION Present: Mayor Peterson, Councilmember Williams, Councilmember Diehin and Councilmember Nawrocki. Absent: Councilmember Schmitt Pastor Dan Thompson of Heights Church gave the invocation. 2. PLEDGE OF ALLEGIANCE - Recited 3. ADDITIONS/DELETIONS TO MEETING AGENDA Peterson pulled Resolutions 2012-138 and 2012-140, as they have been brought into compliance. Nawrocki indicated that he had some questions about the water sampling going on in conjunction with the smoke testing and newsletter. 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Proclamation declaring Thursday, October 25, 2012 as Earl E. Bakken Day Peterson declared Thursday, October 25, 2012 as Earl E. Bakken Day in honor of Mr. Bakken and his accomplishments. Bakken was a graduate of Columbia Heights High School in 1942 and went on to co-found Medtronic and invented the cardiac pacemaker in 1957. In June 2012 he was chosen as the school district's 2012 Alumnus of Distinction. Bakken will be honored with a dinner and program at Jax Caf6 in Minneapolis with all proceeds going to the CHHS Alumni Scholarship Foundation. B. Presentation of IACP (International Association of Chiefs of Police) Community Policing Award to the Columbia Heights Police Department. The award will be presented by City of Mankato's Director of Public Safety Todd Miller, who is the IACP's regional representative. Mike Miller, Director of Public Safety for the City of Mankato, thanked all of the council for letting them come here this evening. Miller is also the chair of IACP committee and has been giving out this award for 14 years. This committee recognizes the best of the best of the Police and Public Safety Departments worldwide that make communities safer. There are thirty members on the committee and take applications a year in advance. They have already had submissions for next year from India, Pakistan, Israel, and Canada. There is a rigorous process that they go through to find their winners and finalists. This year there were four winners in the different population categories; the City of Columbia Heights was the winner in the 20,000 and under population, in the 20,000-50,000 the committee had good submissions and had finalists, but no winners were selected in this category. In the 50,000-100,000 population categories, the City of Duluth was the winner this year. City Council Minutes Monday,October 22,2012 Page 2 of 12 The submissions then went on to the final judging in Washington D.C. in early August, in which the City of Columbia Heights was selected. Miller stated the mayor, council and members of the community should be very proud of our police department and their community efforts to reduce crime in Columbia Heights. Miller introduced Rusty Smith from Cisco. Smith welcomed everyone and indicated Cisco along with IACP looks at the applicants. Smith stated he lives in the area and is thrilled to be a part of this and gave his congratulations Miller stated on October 3, 2012 the IACP president presented the award to CHPD. A lot of hard work goes into obtaining this award and this is why they present it locally to the agency and city. Miller presented the award to Mayor Peterson and Chief Nadeau. Peterson said everyone in this room is part of getting this award. He thanked everyone for their participation and stated it is a group effort. Chief Nadeau stated this is an incredible honor for our police department. He stated they are all heroes and thanked the partners from School District, Columbia Heights Academy, and Highland Elementary. Staff stepped up time and time again with programs and volunteer efforts. Nadeau thanked the council for supporting them and for making a difference working in the community. 5. CONSENT AGENDA A. Approve minutes of the October 8, 2012 City Council Meeting Motion to approve the minutes of the October 8, 2012 City Council Meeting. B. Adopt Resolution 2012-131, being a resolution rescheduling the regular Council Meeting of November 12, 2012—Removed. C. Acceptance of a Matching Grant in the Amount of$21,152.80 for Playground Equipment Replacement at LaBelle Park Motion to accept the grant for LaBelle Park in the amount of$21,152.80, appropriating matching funds of$23,975.20 from the Park Development Fund 412, and furthermore authorize the Mayor and City Manager to enter into an agreement for the same. D. Approve Business License Applications Motion to approve the items as listed on the business license agenda for October 22, 2012 as presented. E. Adopt Resolution 2012-134 Being a Resolution Ordering Preparation of a Report for the Zone 7 Street Seal Coat Program, City Project No. 1301 - Removed F. Adopt Resolution 2012-135 Being a Resolution Ordering Preparation of a Report for the Zone 3 Concrete Street Rehabilitation Program Citv Project No. 1302- Removed City Council Minutes Monday,October 22,2012 Page 3 of 12 G. Approval of the attached list of rental housing licenses- Removed H. Reissue rental license to Westchester Investments LLC for rental property located at 3732 3rd Street NE Motion to issue a rental housing license to Westchester Investments, LLC to operate the rental property located at 3732 3rd Street N.E. in that the provisions of the Property Maintenance Code have been complied with. I. Reissue rental license to Brad Truong for rental property located at 5005 7th Street NE Motion to issue a rental-housing license to Brad Truong to operate the rental property located at 5005 7th Street N.E. in that the provisions of the Property Maintenance Code have been complied with. J. Adopt Resolution 2012-136 being a resolution establishing limited clean up and property damage protection for sewer back-ups and water main breaks for water and sewer customers Removed K. Payment of Bills Motion that in accordance with Minnesota Statue 412.271, subd. 8 the City Council has received the list of claims paid covering check number 145384 through 145564 in the amount of $834,833.34. Nawrocki indicated he would like to have items B, E, F, G and J removed from the consent agenda for further discussion. Motion by Diehm, seconded by Williams, move to approve the consent agenda items, with exception to items B, E, F, G, and J. Upon vote, all ayes, motion carried. Fehst took the council through the remaining items on the consent agenda. Item B (removed from consent). Discussion on Adopt Resolution 2012-131,being a resolution rescheduling the regular Council Meeting of November 12, 2012. Nawrocki stated he wanted the public to understand that the first regular council meeting of the month falls on Veterans Day and since the City offices are closed, we need to reschedule the meeting to Tuesday, November 13, 2012. Motion by Diehm, seconded by Williams, to waive the reading of Resolution 2012-131,being ample copies made available to the public. Upon vote, all ayes, motion carried. Motion by Diehm, seconded by Williams, move to Approve Resolution 2012-131, being a resolution to reschedule the regular Council Meeting of November 12, 2012. Upon vote, all ayes, motion carried. Item E (removed from consent). Discussion on Adopt Resolution 2012-134, being a Resolution Ordering Preparation of a Report for the Zone 7 Street Seal Coat Program, City Project No. 1301 Nawrocki asked what area we are doing, as it was hard to follow on map. Are the seal coating assessed areas all the alleys? City Council Minutes Monday,October 22,2012 Page 4 of 12 Hanson indicated the resolution would direct staff to do a feasibility study for a report to come back to the council on seal coating the streets in Zone 7, which is defined as streets south of 40�' Avenue, west of Central Avenue and all streets west of University Avenue. They are all streets not alleys. On the map the solid line indicates the part that will be assessed and the dashed line indicates areas in which the city would pay for. Motion by Diehm, seconded by Williams to waive the reading of Resolution 2012-134, being ample copies made available to the public. Upon vote, all ayes, motion carried. Motion by Diehm, seconded by Williams, move to adopt Resolution 2012-134, being a Resolution ordering preparation of a report for the Zone 7 Street Seal Coat Program, City Project No. 1301. Upon vote, all ayes, motion carried. Item F (removed from consent). Discussion on Adopt Resolution 2012-135 Being a Resolution Ordering Preparation of a Report for the Zone 3 Concrete Street Rehabilitation Program, City Project No. 1302. Nawrocki stated this was his error when he removed the item from the consent agenda as he read the map incorrectly. Motion by Diehm, seconded by Williams, to waive the reading of Resolution 2012-135,being ample copies made available to the public. Upon vote, all ayes, motion carried. Motion by Diehm, seconded by Williams, to Adopt Resolution 2012-135,being a Resolution Ordering Preparation of a Report for the Zone 3 Concrete Street Rehabilitation Program, City Project No. 1302. Upon vote, all ayes, motion carried. Item G (removed from consent) Discussion on Approval of the attached list of rental housing licenses. Nawrocki stated he was ok with this one. Motion by Diehm, seconded by Williams, to waive the reading of Approval of the attached list of rental housing licenses as there are ample copies available to the public. Upon vote, all ayes, motion carried. Motion by Diehm, seconded by Williams, Approval of the attached list of rental housing licenses. Upon vote, all ayes, motion carried. Item J (removed from consent) Discussion on Adopt Resolution 2012-136, being a resolution establishing limited clean up and property damage protection for sewer back-ups and water main breaks for water and sewer customers. Nawrocki asked for a little more information for the public as to what we are proposing. Hanson stated the city has additional coverage for sewer back up claims under their no fault insurance coverage. The League added language in there about two years ago in regards to, "If there is damage caused by water main breaks". This resolution basically is for the same City Council Minutes Monday,October 22,2012 Page 5 of 12 coverage if damage is caused by a public or city water main break. Nawrocki asked if this was a new feature. Kloiber stated that yes this is the same as it was two years ago, but the attorneys for the Leagues insurance trust decided that each policy owners needed to go through language change. Motion by Diehm, seconded by Williams, to waive the reading of Resolution 2012-136, being ample copies available to the public. Upon vote, all ayes, motion carried. Motion by Diehm, seconded by Williams Move to adopt Resolution 2012-136,being a resolution establishing limited cleanup and property damage protection for sewer back-ups and water main breaks for water and sewer customers. Upon vote, all ayes, motion carried. 6. PUBLIC HEARINGS A. Adopt Resolutions 2012-132 939-4142-1/2 Avenue NE and 2012-133 1312 44th Avenue NE being declarations of nuisance and abatement of violations within the City of Columbia Heights Chief Gorman stated 939-41 42 '/ Avenue NE is a foreclosed property and has issued with the deck falling off. He has been in contact with the bank and they plan on working with them to resolve. Gorman stated the second property has a damaged retaining wall and the city is working with the property owner. Motion by Williams, seconded by Diehm, move to close the public hearing and to waive the reading of Resolution Numbers 2012-132 and 133, there being ample copies available to the public. Upon Vote, all ayes, motion carried. Motion by Williams, seconded by Diehm, to move to adopt Resolution Numbers 2012-132 and 133, 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. Other Ordinances and Resolutions A. Bid Considerations - none B. New Business and Reports Leonhardt stated the Public Accuracy Test for the November 6, 2012 General Election will be ran on Thursday, October 25, 2012 at 10:00 A.M. at Columbia Heights City Hall, in the Election area, to ascertain that the equipment will correctly count the votes cast for all offices. Nawrocki asked for some more information on the smoke testing that is being done in the city. Hanson stated that the city is conducting smoke testing on sanitary sewer system for diagnostics of the sewer system and cross connections for illegal connections or breaks. At a connected property the smoke comes out the smoke stack and if not you will see it come out different areas. City Council Minutes Monday,October 22,2012 Page 6 of 12 The area that we are doing is Collection District 2. The city has three different areas and this district is between Central and University. The process is expected to be completed this week, weather permitting. Nawrocki asked if the city informed residents of what to do if there is a problem. Hanson indicated that they sent out to every resident in this area both information on the testing and what to do if they see smoke. Nawrocki stated there has been someone going around in the city and putting a plastic bag with a vial in it and asking the residents to fill it water and put back on their door. The card does not indicate who it was doing the testing. Hansen stated the information being hung on the doors is not part of anything that the city does and is probably a private company trying to get business in the area Fehst stated that John Murzyn, Public Works Supervisor, filled one of the vials and cards out and put it on the door. Someone did pick it up,but Murzyn did not see who it was so the city has asked the police to check into it. Nawrocki indicated his disappointment in the draft newsletter regarding the budget. It also states that it is available on line, but does not say a copy of it is available at the library for people to view. Fehst stated he will make sure that the information is added in the newsletter that a copy of the budget is available to the public at the library. 8. ADMINISTRATIVE REPORTS Report of the City Manager Fehst stated he attended a demo of a new vactor that is available with a couple of extra features. This piece of equipment is used for removing water from sanitary sewers and manholes. The extra feature with this one is that it is able to dig a small hole with hose. The current equipment is over 20 years old and there is money in the budget next year to have it replaced. Fehst reminded council that in addition to what we have done with the police department, there are other departments within the city that continue to do things that are in line with the council's objectives and goals. The city did seek and receive the staff endorsement from the MN Housing Agency for GAP financing. The Metro council presents it next week. Fehst went over the information on the Grand opening of Mississippi Water Shed opening and the opening of Lowry Bridge. Report of the City Attorney—nothing at this time. 9. CITIZENS FORUM No one requested to address the mayor or the council. City Council Minutes Monday,October 22,2012 Page 7 of 12 10. ADJOURNMENT Peterson informed the council and public that Friday night there is a fund raiser for Donny Lockenburg at Murzyn Hall with a band, dinner and silent auction. Peterson will be kicking off the Holiday season with the Taste of Heights, November 16, 2012 with music, food and dancing. Peterson also wanted to thank Jeff, Bobby and Steve's for their donation to the Sister Cities fund raiser. Peterson stated: Don't forget our service men and women. They are doing a great thing for us. Don't take ourselves too seriously and do a random act of kindness. Meeting adjourned at 7:44 PM Tori L{;eonhrdt C y Clerk/Council Secretary City Council Minutes Monday,October 22,2012 Page of 12 RESOLUTION NO. 2012-131 BEING A RESOLUTION RESCHEDULING THE CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETING OF MONDAY, NOVEMBER 12, 2012 WHEREAS: The City of Columbia Heights offices are closed on Monday, November 12, 2012 in observance of Veterans Day, and; WHEREAS: The City Council has agreed to reschedule the regular Council meeting to Tuesday, November 13, 2012 beginning at 7:00 PM in the City Council Chambers; NOW, THEREFORE, BE IT RESOLVED, that all interested parties be advised of this change. RESOLUTION 2012-134 BEING A RESOLUTION ORDERING THE PREPARATION OF A REPORT FOR THE ZONE 7 STREET SEAL COAT PROGRAM CITY PROJECT NO. 1301 WHEREAS, the City Council of Columbia Heights is proposing to rehabilitate local streets in Zone 7 that have not been rehabilitated under the street program, and WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section 10313.201 to 103B.251, as follows: 1301 ZONE 7 SEAL COAT PROGRAM NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, the estimated cost of the improvement as recommended and a description of the methodology used to calculate individual assessments for affected parcels. RESOLUTION 2012-135 BEING A RESOLUTION ORDERING PREPARATION OF A REPORT City Council Minutes Monday,October 22,2012 Page 9 of 12 FOR THE ZONE 3 CONCRETE STREET REHABILITATION PROGRAM CITY PROJECT NO. 1302 WHEREAS, the City Council of Columbia Heights is proposing to rehabilitate local streets in Zone 3 that have not been rehabilitated under the street program. WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement,pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section 103B.201 to 103B.251, as follows: 1302 ZONE 3 STREET REHABILITATION PROGRAM NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, the estimated cost of the improvement as recommended and a description of the methodology used to calculate individual assessments for affected parcels. RESOLUTION NO. 2012-136 ESTABLISH LIMITED CLEAN UP AND PROPERTY DAMAGE PROTECTION FOR SEWER BACK-UPS AND WATER MAIN BREAKS FOR WATER AND SEWER CUSTOMERS OF THE CITY OF COLUMBIA HEIGHTS WHEREAS, the City of Columbia Heights provides water and sanitary sewer services to property within its jurisdiction; and WHEREAS, water main breaks may cause water to enter into property causing damage, and WHEREAS, blockages or other conditions in the City of Columbia Heights' sanitary sewer lines may cause the back-up of sewage into properties that are connected to the City of Columbia Heights' sanitary lines; and WHEREAS, water main breaks and sewer back-ups pose a public health and safety concern; and WHEREAS, it is often difficult to determine the exact cause and responsibility for water main breaks and sanitary sewer back-ups; and City Council Minutes Monday,October 22,2012 Page 10 of 12 WHEREAS, the City Council of the City of Columbia Heights desires to encourage the expeditious clean-up of properties that have encountered damage from water main breaks and sewer back-ups; and WHEREAS, the City Council of the City of Columbia Heights desires to minimize the potential of expensive lawsuits arising out of water main breaks and sanitary sewer back-up claims; and WHEREAS, the City of Columbia Heights is a member of the League of Minnesota Cities Insurance Trust (LMCIT); and WHEREAS, LMCIT has offered the City of Columbia Heights limited"no fault" sewer coverage and water main break coverage that will reimburse users of the water and sewer system for certain clean-up costs and property damage regardless of whether the City of Columbia Heights is at fault. NOW THEREFORE, BE IT RESOLVED, as follows: The City of Columbia Heights, as part of the contract for providing water and sewer services to the customers of the City of Columbia Heights, and in consideration of the payment of water and sewer bills, agrees to reimburse water and sanitary sewer customers for up to $10,000 of clean-up costs and property damages caused by a water main break or sanitary sewer back-up, regardless of whether the City of Columbia Heights is negligent or otherwise legally liable for damages, subject to the following conditions: I. Sanitary Sewer Back-Ups. For Sanitary sewer back-ups: A. The back-up must have resulted from a condition in the City of Columbia Heights' sanitary sewer system or lines, and not from a condition in a private line. B. The back-up must not have been caused by catastrophic weather or other events for which Federal Emergency Management Assistance is available. C. The back-up must not have been caused by an interruption in electric power to the City of Columbia Heights' sewer system or to any City of Columbia Heights lift station, which continues for more than 72 hours. D. The back-up must not have been caused by rainfall or precipitation that would constitute a 100-year storm as determined by the National Weather Service. E. Neither the City of Columbia Heights nor LMCIT will reimburse any costs which have been or are eligible to be covered under a property owner's own homeowners' or other property insurance, or which would be eligible to be reimbursed under a National Flood Insurance Protection (NFIP) policy, whether or not the property owner actually has NFIP Coverage. F. The maximum amount that the City of Columbia Heights or LMCIT will reimburse is $10,000. per building, per year. In this regard, a structure or group of structures served by a single connection to the City of Columbia Heights' sewer system is considered a single building. II. Water Main Breaks. For water main breaks: A. LMCIT will pay for claims presented by the City of Columbia Heights for water main break damage to property of others which was not caused by the City of Columbia Heights' negligence. B. Neither the City of Columbia Heights nor LMCIT will pay for damages or expenses for which the property owner has been or is eligible to be reimbursed by any homeowners' or other property insurance. C. The maximum amount that the City of Columbia Heights or LMCIT will reimburse is $10,000. to any claimant, regardless of the number of occurrences or the number of properties affected. City Council Minutes Monday,October 22,2012 Page I I of 12 D. Neither the City of Columbia Heights nor LMCIT will pay more than $250,000 for water main break damages resulting from any single occurrence. All water main break damage which occurs during any period of 72 consecutive hours is deemed to result from a single occurrence. If the total water main break damage for all claimants in a single occurrence exceeds $250,000, the reimbursement to each claimant will be calculated as follows: 1. A preliminary reimbursement figure is established for each claimant, equal to the lesser of the claimant's actual damages or$10,000. 2. The sum of the preliminary reimbursement figures for all claimants will be calculated. 3. Each claimant will be paid a percentage of his or her preliminary reimbursement figure, equal to the percentage calculated by dividing $250,000 by the sum of all claimants' preliminary reimbursement figures. IN WITNESS WHEREOF, the City of Columbia Heights, by action of its City Council, caused this Resolution to be approved on October 22, 2012. RESOLUTION 2012-132 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 Wells Fargo NA (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 939-94142-1/2 Avenue 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 September 18, 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 August 16, 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 September 18, 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 October 12, 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 repair/replace decks in back of building 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). City Council Minutes Monday,October 22,2012 Page 12 of 12 CONCLUSIONS OF COUNCIL 1. That the property located at 939-4142-1/2 Avenue NE 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 939-41 42-1/2 Avenue NE 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.