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HomeMy WebLinkAbout08-24-2015OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING AUGUST 24, 2015 THE FOLLOWING ARE THE MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL HELD AT 7:00 PM ON MONDAY AUGUST 24, 2015 IN THE CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MINNESOTA 1. CALL TO ORDER Mayor Peterson called the meeting to order at 7:01 pm. 2. ROLL CALL Present: Mayor Peterson, Councilmembers Nawrocki, Schmitt, Williams and Murzyn Jr. Also Present: Walt Fehst, City Manager; Jim Hoeft, City Attorney; Kevin Hansen, Public Works Director; Gary Gorman, Fire Chief; Joe Kloiber, Finance Director; Katie Bruno, Council Secretary 3. INVOCATION Invocation provided by Pastor Jeremy Hermann, ChristLife Church 4. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was recited. 5. ADDITIONS /DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 6. PROCLAMATIONS PRESENTATIONS RECOGNITION ANNOUNCEMENTS GUESTS Gerald Wegscheid announced the VFW Post 230 /Tri -City American Legion at 4446 Central Ave NE will be hosting a Flag Retirement Ceremony on September 19, 2015 at 9:00 a.m. 7. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve Minutes of the City Council MOTION: Move to approve the minutes of the City Council worksession of August 3, 2015 MOTION: Move to approve the minutes of the City Council meeting of August 10, 2015 B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the July 8, 2015 Public Arts Commission Minutes C. Approve Rental License Applications MOTON: Move to approve the items listed for rental housing license applications for August 24, 2015 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 August 24, 2015 as presented. City Council Minutes August 24, 2015 Page 2 of 8 E. Payment of Bills MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8, the City Council has received the list of claims paid covering check number 157854 through 158035 in the amount of $ 814,415.35. Councilmember Nawrocki had a couple of questions regarding the Public Arts Commission meeting minutes. The first regarding the grant application with a City match. City Manager Fehst explained that the council has the discretion to approve some funding to the commission from the contingency fund. Councilmember Schmitt notified the council that the commission will not be pursuing this grant. Councilmember Nawrocki questioned why the City is refereed to being the fiscal agent for the commission. Councilmember Schmitt explained that any money /donations that the commission receives needs to be channeled through the City. Nawrocki questioned the commission's budget proposal. Councilmember Schmitt explained that the Arts Commission is required to set a budget for intended expenditures, and that will be added to a department's budget for 2016. Motion by Councilmember Schmitt, seconded by Councilmember Williams to approve the Consent Agenda as presented. All Ayes, Motion Carried. 8. PUBLIC HEARINGS A. Public Hearing to adopt Resolution 2015 -049 being a Resolution levying and adopting the assessment for alley light area no. 677 -45. (Tabled from August 10th meeting). Public Works Director Kevin Hansen reported additional property owners were noticed of the scheduled public hearing. An overview of the area was presented, noting the proposed location of the light. Councilmember Schmitt questioned the benefit of working with the City, rather than directly through Xcel energy. Hansen commented that in addition to allowing the cost be distributed among benefiting properties, the city also has a greater variety in lighting options; including a cobra head light, that would produce a more linear lighting pattern. Caleb Driscoll , 1434 42nd Ave NE reported that he is the petitioner, and did so partially due to foot traffic that occurs when people cut through from Circle Terrace. It was reported that drug paraphernalia has been found in the grassy area. Mr. Driscoll stated that he would be in favor of liner lighting option. Thomas Rustemis, 1427 Circle Terrace expressed concern with the proposed location of the light, as well as question if a lit area would attract more people. City Manager Walt Fehst stated lighting is a generally a good deterrent to undesirable activities. Fehst reported the assessment would be $1 per month for the benefiting properties. Ladora Hankton, 1428 -1430 42nd Ave NE stated she is favor of the additional lighting, as she has had a few incidents occur. Sally Jaros, 4140 Reservoir Blvd. reported she has lived in her house for over 40 years, and has not experienced any problems in the back area. Ms. Jaros liked the idea of having the light shine in a linear pattern, away from her property. Mayor Peterson confirmed with Director Hansen that the light will be placed at the end of the alley, and that it can be directed in the direction towards 42nd Ave NE. City Council Minutes August 24, 2015 Page 3 of 8 Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to close the public hearing and waive the reading of Resolution 2015 -49, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Schmitt to adopt Resolution 2015- 49, being a Resolution levying and adopting the assessment for Alley Light Area No. 677 -45. All Ayes, Motion Carried. B. Consideration of Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding the property at 1101 46th Avenue NE for failure to meet the requirements of the Residential Maintenance Code. Fire Chief Gary Gorman reported that the property has a deteriorating retaining wall, and there has not been any progress made on it. Chief Gorman explained city staff will attempt to work with the property owner to get the project completed. Councilmember Schmitt questioned if the owner has been contacted. Chief Gorman reported that they try to communicate with the property owners. Motion by Councilmember Nawrocki, seconded by Councilmember Williams to close the public hearing and to waive the reading of Resolution Number 2015 -60, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Nawrocki, seconded by Councilmember Williams to adopt Resolution Number 2015 -60, being 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. All Ayes, Motion Carried. C. Consideration of Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding the property at 4533 Madison Street NE for failure to meet the requirements of the Residential Maintenance Code. Fire Chief Gary Gorman reported that the property has a broken window and it requires grass seed or sod; neither have been corrected. Motion by Councilmember Nawrocki, seconded by Councilmember Williams to close the public hearing and to waive the reading of Resolution Number 2015 -61, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Nawrocki, seconded by Councilmember Williams to adopt Resolution Number 2015 -61, being 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. All Ayes, Motion Carried. City Council Minutes August 24, 2015 Page 4 of 8 D. Consideration of Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against the rental property at 2015 -51 -4213 3rd Street NE for failure to meet the requirements of the Residential Maintenance Codes. Fire Chief Gary Gorman reported that the property required a third inspection; all violations were taken care of, however the re- inspection fee has not been paid. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Williams to close the public hearing and to waive the reading of Resolution Number 2015 -51, being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Williams to adopt Resolution Number 2015 -51, being Resolution 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 license listed. All Ayes, Motion Carried. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports 10. ADMINISTRATIVE REPORTS Report of the City Manager Councilmember Nawrocki asked about a recent letter received regarding some of the older buildings that are not ADA compliant. City Manager Walt Fehst reported that a couple of local businesses have received notice indicating they are out of compliance. Fehst suggested the businesses find representation, as the City cannot intercede on their behalf. Councilmember Nawrocki asked if the businesses currently comply with city code. City Manager Walt Fehst and City Attorney Jim Hoeft confirmed that they do at this time, Fehst clarified that a business would be required to bring their property into compliance if they were to make any improvements or alterations. City Manager Walt Fehst reported the closing for Park View Villa is scheduled for September 17, 2015, with a groundbreaking event scheduled for September 29, 2015 at 2:00 p.m. City Manager Fehst distributed the 2016 budget to the council, and noted the worksessions in September and October will be an opportunity to review the materials. Councilmember Nawrocki reported that he was on the city's website and was unable to access the 2016 budget. Finance Director Joe Kloiber commented that staff wanted the council to have the budget prior to public availability, and the budget will be posted to the City's website this week. Director Kloiber reported he will presenting the 2016 city -wide budget and levy at the September Stn worksession, and council will vote to adopt the preliminary levy as the September 14th City Council meeting. Councilmember Nawrocki stated he was disappointed with the small budget article in the recent edition of Heights Happenings. Nawrocki stated the article omitted the additional $3,000,000 in other funding sources, looking as though the $7,000,000 was the total cost. Finance Director Kloiber clarified that the newsletter article was explaining the tax effect on the library. City Council Minutes August 24, 2015 Page 5 of 8 Report of the City Attorney - Mr. Hoeft had nothing to report. 11. CITIZENS FORUM LaDonna White, 940 -39th Ave NE #8 raised concerns with the following on -going issues in her building: Maintenance Concerns, trash, stove is not working, the finish on sink and bathtub is peeling off and bed bugs were reported over a month ago, still are not resolved. City Manager Fehst said he would relay the concerns to Chief Gorman. Karolyn Erickson, 4318 3rd St NE #2 raised concerns with the following issues in her building, a letter was received from Centerpoint Energy, indicating gas may be turned off if payment is not received and tenants are unable to reach management. City Manager Fehst said he would relay the concerns to Chief Gorman. 12. ADJOURNMENT Mayor Peterson reminded residents to remember our servicemen and women, and to try to enjoy life, and to do a random act of kindness. Meeting adjourned at 8:17 p.m. Respectively Submitted Katie Bruno, City Clerk /Council Secretary RESOLUTION NO. 2015 -49 A resolution of the City Council for the City of Columbia Heights, Minnesota, adopting assessment roll according to the City Charter for the following local improvement and determining that said improvement will be made, and ratifying and confirming all other proceedings, heretofore had: Special Assessment for alley light area numbered 677 -45. Whereas, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 p.m. on the 24th day of August, 2015, in the City Council Chambers, 590 40th Avenue N.E. Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvement above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, Whereas, this Council has heretofore estimated the cost of such local improvement and has prepared an assessment roll therefore, 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 August 24, 2015 Page 6 of 8 Section 1. That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Local Improvements" numbered 677 -45 for alley lighting, a copy of which is attached hereto and made a part hereof. Section 2. That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefited by such improvements. This Council further finds and determines that the proper proportion of the cost of such improvement to be especially assessed against each lot or parcel of land is the amount as billed annually by Xcel Energy Company. Section 3. That the assessment will be added to the utility bill prepared and mailed by the City of Columbia Heights to property owners or occupants on record with the Finance Department. Section 4. This resolution shall take effect immediately upon its passage. RESOLUTION NO 2015 -51 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 BRP II, LLC (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4213 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 July 24, 2015 of a public hearing to be held on August 24, 2015. 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 June 17, 2015, 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 23, 2015, inspectors re- inspected 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 13, 2015, inspectors re- inspected the property and found that violations were finally corrected, and the License Holder was informed that a $100 reinspection fee was due. 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. License Holder failed to pay reinspection fee. 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 August 24, 2015 Page 7 of 8 ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F14529 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 NO. 201S-60 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 MNSF II Acquisitions LLC (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 110146th Avenue N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on June 11, 2015. 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 June 9, 2015, 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 9, 2015, inspectors re- inspected 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 11, 2015, inspectors re- inspected 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 retaining wall. 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(6). CONCLUSIONS OF COUNCIL 1. That the property located at 110146th 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. City Council Minutes August 24, 2015 Page 8 of 8 ORDER OF COUNCIL 1. The property located at 110146th 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. RESOLUTION NO. 2015 -61 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 11, of City Code, of the property owned by Veronica Moroz (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4533 Madison Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article 11, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on May 13, 2015. 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 12, 2015, 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 June 12, 2015, inspectors re- inspected 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 June 30, 2015, inspectors re- inspected 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 broken window in front. B. Shall seed or sod backyard. 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 4533 Madison 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 4533 Madison 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.