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HomeMy WebLinkAbout11/26/2012 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, NOVEMBER 26, 2012 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, November 26, 2012 in the City Council Chambers, City Hall, 590 401h Avenue N.E., Columbia Heights, Minnesota. 1. CALL TO ORDER/ROLL CALLANVOCATION Mayor Peterson called the meeting to order at 7:00 PM. Present: Mayor Peterson, Councilmembers Schmitt, Diehm, Williams and Nawrocki Pastor Dan Thompson of Heights Church gave the invocation 2. PLEDGE OF ALLEGIANCE - recited 3. ADDITIONS/DELETIONS TO MEETING AGENDA Peterson pulled Resolutions 2012-145 and 2012-149, as they have been brought into compliance. Motion by Nawrocki move to have council corner added to agenda, motion dies for lack of a second. Nawrocki indicated he would like an update on the election results for the public. 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION,ANNOUNCEMENTS, GUESTS Mayor Peterson announced the Grand Opening of New Restaurant at Jimmy's Pool Hall and stated there will be a personal appearance by owner, Jimmy Wetch. Mr. Wetch stated that December 1St will be sixteen years that he has been in business here. Jimmy's Pool Hall offers specials Monday through Friday along with a full menu. Wetch invited people to come down the month of December to try out the food and play a complementary game of pool. They have seating for 40-50 people, are able to host banquets and offer hall rental, and have pool leagues Sunday through Thursday. Wetch stated he wanted people to know that it is more than just a pool hall and they offer more than just hamburgers to eat. Fehst stated that he has eaten there several times and said that his food and soups are excellent and suggested that Wetch contact Guy Fieri, food critic to come out and review his restaurant. Williams stated that Mr. Wetch is a world class guy and asked him to inform the people where he came from and what he did before. Wetch stated in 1999 he was ranked 6th in the world in pool and has played the game since he was thirteen. Although he does not compete anymore, he still gives lessons. Peterson thanked Wetch for coming in and telling everyone about his restaurant. 5. CONSENT AGENDA A. Approve minutes of November 13 2012 City Council Meeting City Council Minutes Monday,November 26,2012 Page 2 of 10 Motion: Move to approve the minutes of the November 13, 2012 City Council Meeting. B. Approve Joint Powers Agreement with Anoka County for Assessment Services - removed C. Approval of the attached list of rental housing licenses Motion: Move to approve the items listed for rental housing license applications for November 26, 2012 in that they have met the requirements of the Property Maintenance Code. D. Approve Business License Applications Motion: Move to approve the items as listed on the business license agenda for November 26, 2012 as presented. E. Payment of Bills Motion: Move that in accordance with Minnesota Statue 412.271, subd.8, the City Council has received the list of claims paid covering check number 145821 to 145981 in the amount of $796,822.49. Nawrocki indicated he would like to have item B removed from the consent agenda for further discussion. Motion by Williams, seconded by Schmitt, move to approve the consent agenda items, with exception to item B. 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 Approval of Joint Powers Agreement with Anoka County for Assessment Services. Nawrocki asked if the city manager would explain how we handle these assessment services. Fehst stated Mr. Mike Sutherland was here from Anoka County and he could answer any questions. Mr. Sutherland informed the council and public that a couple of years ago the State of MN changed the homestead credit law and they exempted the first $76,000 of market value from a home, and here in Heights there are a lot of homes valued under $100,000. Because of this, some residents in Columbia Heights have seen a reduction in their taxes, while homeowners whose homes are valued higher, may have seen an increase. Sutherland stated that there is a portion of the value that is essentially exempt from the taxation law. The county looks at sales ratio and they shoot for 95% on all classes of property throughout Columbia Heights. He suspects that the medium value is lower in Columbia Heights than it is in Andover and other areas and this could be why residents here are seeing an increase in taxes. Motion by Diehm, seconded by Williams, move to Approve Joint Powers Agreement with Anoka County for Assessment Services for 2013-2018. Upon vote, All ayes, motion carried. 6. PUBLIC HEARINGS A. Second Reading of Ordinance #1610 Liquor Administrative Penalties City Council Minutes Monday,November 26, 2012 Page 3 of 10 Motion by Diehm, seconded by Williams, move to waive the reading of Ordinance #1610 as there are ample copies available to the public. Upon vote, All ayes, motion carried. Nawrocki asked if this applies to the City liquor stores and if so, are we charging ourselves a fine? City Attorney Jim Hoeft stated that yes,the ordinance does apply to City Liquor Stores. Hoeft further explained that the individual is sited with a criminal violation and the owner is subject to the ordinance penalties through the city. Diehm wanted to make sure that everyone understands this is not a new ordinance, but an improvement to the existing ordinance. We are implementing a more consistent model so all of our businesses are treated the same. The city will be offering best practices meetings to help bring awareness and compliance for employees and employers. Nawrocki asked if the four businesses that were discussed previously were going to be fined or have they been addressed yet. Clark stated he previously discussed this at the last meeting, indicated those four will be coming before the council on December 10`x'for possible administrative penalties. These are two separate issues and we want to address them separately. Schmitt asked for clarification in regards to twenty four calendar months' time frame indicated in the ordinance and wanted to know if this always been in there. Clark stated that yes that was always in there. Some communities have a more severe policy with less time in between. Peterson pointed out,the ordinance once approved, would not take effect for thirty days. Schmitt asked if there were any comments from businesses on this ordinance. Clark indicated that no businesses have notified the city with questions or concerns. Kevin Doty, Lions club, stated he had a problem with the fact that 75% of members have to be trained and stated that it is hard to get 40% of people to the meetings, let alone to be part of the best practices. Fehst clarified that just the members serving the alcohol need to be trained. Diehm stated you can choose other options to meet the best practices. Clark stated he wanted to make sure that everyone understands that there are optional requirements and mandator}, requirements. There are different seminars out there that they can attend. You have to have 75% of the selling/serving staff trained. Motion by Diehm, seconded by Williams, move to adopt Ordinance 41610 being an Ordinance amending Ordinance No. 1490, City Code of 2005 relating to alcohol related license violations. Roll call vote: Schmitt, aye, Williams, aye, Diehm, aye, Nawrocki, aye, Peterson, aye. 5 Ayes, motion carried. B. Adopt Resolutions 2012-143, 4057 Hayes Street NE, 2012-144, 3947 Polk Street NE, 2012-146, 1331-33 Circle Terrace Blvd. NE 2012-147 1820 49th Avenue NE and 2012-148 1605 49th Avenue NE being_declarations of nuisance and abatement of violations within the City o Columbia Heights. City Council Minutes Monday,November 26,2012 Page 4of10 Fire Chief, Gary Gorman, stated the property located at 4057 Hayes Street is vacant and the siding needs repair, 3947 Polk Street is also believed to be vacant. The property located at 1331- 1333 Circle Terrace Blvd has damaged screens; 1605 491h Ave has vegetation obstructing view on 49th. This was originally handled by Public Works and after 30 days it was turned over to the Fire Department to handle. The owner did trim the bush, but you still have to inch out into the intersection to see around it. We would like to see it removed, because in the spring/summer we will have the same problem and it gets to be a dangerous intersection. Motion by Williams, seconded by Nawrocki, move to close the public hearing and to waive the reading of Resolution Numbers 2012-143, 144, 146, 147, and 148 there being ample copies available to the public. Upon vote, All ayes, motion carried. Motion by Williams, seconded by Nawrocki, move to adopt Resolution Numbers 2012-143, 144, 145,146, 147, and 148 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. C. Adopt Resolutions 2012-149, 3851 Quincy Street N.E. being a Resolution 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. - Pulled 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions - none B. Bid Considerations C. New Business and Reports 8. ADMINISTRATIVE REPORTS Report of the City Manager Fehst reported on the recount at the county and after three precincts, Catherine Vesley gained one vote and decided to concede at that point. NaV47ocki stated for the record he appreciates being re-elected and thanked the people for re-electing him and he will continue to have more openness in our government and will continue to work towards reductions in property tax levy. He would like the city manager to look at other cities and who they are using for their IS support and would like him to talk to the City of Roseville and obtain more information on how their contracting this out works and the pro's and con's. Nawrocki stated we should add short term parking back onto 40th for people dropping off utility bills or mailing a letter and add an additional one on Mill Street. Fehst stated the city looked at moving the utility drop box and the US postal box would also have to be moved. There is temporary/short term parking on Mill Street. Report of the City Attorney—none City Council Minutes Monday,November 26,2012 Page 5 of 10 9. CITIZENS FORUM Mayor Peterson stated the Taste of Columbia Heights was a success and turned out to be a wonderful time with eight local restaurants participating. 10. ADJOURNMENT Don't forget your services men and women, if you see one on the street, stick out your hand and offer them your gratitude. Mayor Peterson adjourned the meeting at 8:03 PM. Tori Leo a dt, City Clerk/Council Secretary RESOLUTION 2012-143 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 I1, of City Code, of the property owned by Deborah L. Biewerth (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at4057 Hayes 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 marl to the owner of record on October 11, 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 September 5, 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 October 11, 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 November 13, 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: City Council Minutes Monday,November 26,2012 Page 6 of 10 A. Shall install address numbers in the following location(s) FRONT B. Shall replace the garage service door C. Shall replace the soffit and fascia on the north side of the house that is falling off D. Shall repair/replace the siding on the east side E. Shall replace the cracked windows on the south side 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 4057 Hayes Street 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 4057 Hayes Street 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 2012-144 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 1I, of City Code, of the property owned by The Bank of New York Mellon (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3947 Polk 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 October 11, 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 6. That on September 5, 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. 7. That on October 11, 2012 inspectors reinspected the property listed above. Inspectors noted that City Council Minutes Monday,November 26,2012 Page 7 of 10 violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 8. That on November 13, 2012 inspectors reinspected the property and found that violations remained uncorrected. 9. 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/repair all rotted siding near front entrance and paint to match 10. 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 3. That the property located at 3947 Polk Street is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 4. 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 3. The property located at 3947 Polk Street constitutes a nuisance pursuant to City Code. 4. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2012-146 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 Azah M. Hegazi (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1331-33 Circle Terrace Blvd., 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 October 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 City Council Minutes Monday,November 26,2012 Page 8 of 10 11. That on September 6, 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. 12. That on October 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. 13. That on November 14, 2012 inspectors reinspected the property and found that violations remained uncorrected. 14. 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. Repair all damaged screens B. Repair front storm door 15. 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 5. That the property located at 1331-33 Circle Terrace Blvd. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 6. 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 5. The property located at 1331-33 Circle Terrace Blvd. constitutes a nuisance pursuant to City Code. 6. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2012-147 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 Craig Pearson (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1820 491h 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 November 1, 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: City Council Minutes Monday,November 26,2012 Page 9 of 10 FINDINGS OF FACT 16. That on September 24, 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. 17. That on November 1, 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. 18. That on November 14, 2012 inspectors reinspected the property and found that violations remained uncorrected. 19. 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. Replace missing siding on NE peak 20. 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 7. That the property located at 1820 49th Avenue is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 8. 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 7. The property located at 1820 491h Avenue constitutes a nuisance pursuant to City Code. 8. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2012-148 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 Sharon Weglinski (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1605 491h 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 October 22, 2012. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of City Council Minutes Monday,November 26,2012 Page 10 of 10 Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 21. That on October 1, 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. 22. That on October 22, 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. 23. That on November 14, 2012 inspectors reinspected the property and found that violations remained uncorrected. 24. 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 trim/remove vegetation that is obstructing the view at the corner of 49th and Johnson per Columbia Heights Public Works 25. 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 9. That the property located at 1605 49th Avenue is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 10. 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 9. The property located at 1605 491h Avenue constitutes a nuisance pursuant to City Code. 10. That a copy of this order shall be served upon all relevant parties and parties in interest.