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HomeMy WebLinkAbout11-28-2016OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING NOVEMBER 28, 2016 The following are the minutes for the regular meeting of the City Council held at 7:00 PM on Monday November 28, 2016 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 7:08 p.m. 2. ROLL CALL Present: Mayor Peterson, Councilmembers Nawrocki, Williams, Schmitt and Murzyn, Jr. Also Present: Walt Fehst; City Manager, Jim Hoeft; City Attorney, Joe Hogeboom; Community Development Director, Gary Gorman; Fire Chief, Scott Nadeau; Police Chief and Katie Bruno; City Clerk /Council Secretary 3. INVOCATION Invocation provided by Dan Thompson, Heights Church 4. PLEDGE OF ALLEGIANCE S. 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.) ADDITION— DEED Grant Application for Development of the Legends of Columbia Heights B. Consideration of revocation of the license to operate a rental unit within the City of Columbia Heights is requested against the rental properties at 4346 6th Street NE and 4530 and 4532 6th Street NE for failure to meet the requirements of the Residential Maintenance Codes. 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS Mayor Peterson announced the Holiday Train will be coming through town on Saturday, December 10th at 7:00 PM. Events are planned beginning at 6:00 PM at Lions Park. Mayor Peterson also announced Golden Glove boxing will host Fights in the Heights on Friday, December 16th at 6:00 PM at Murzyn Hall. 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.) City Council Minutes November 28, 2016 Page 2 of 11 A. Approve Minutes of the City Council MOTION: Move to approve the minutes of the City Council meeting of November 14, 2016 B. Accept Board & Commission Meeting Minutes MOTION: Move to accept the minutes of the Parks & Recreation Commission meeting of August 24, 2016 C. Adopt Resolution 2016 -109 Updating Income Limit For Senior Citizen Utility Rates MOTION: Move to waive the reading of Resolution 2016 -109, there being ample copies available to the public. MOTION: Move to adopt Resolution 2016 -109, being a resolution increasing the senior citizen utility rates. D. Consideration of a resolution canceling the City Of Columbia Heights regular City Council Meeting scheduled for Monday December 26, 2016 MOTION: Move to waive the reading of Resolution No. 2016 -118, there being ample copies available to the public. MOTION: Move to adopt Resolution 2016 -118, being a Resolution canceling the City Council meeting scheduled for December 26, 2016 E. Amend 2016 Fund 201 Planning and Inspections Budget MOTION: Waive the reading of Resolution No. 2016 -117, there being ample copies available to the public. MOTION: Move to approve Resolution No. 2016 -117, amending the 2016 Budget for Planning and Inspections Fund 201. F. Second Reading of Ordinance 1635, Regarding Proposed Massage Licensing Changes MOTION: Waive the reading of Ordinance No. 1635, there being ample copies available to the public. MOTION: Move to approve Ordinance No. 1635, amending Section 5.609 of City Code to provide a distinction between commercial massage business operations and non - commercial massage businesses. G. Second Reading of Ordinance 1636, an Ordinance Establishing Regulations for the Residence Location of Predatory Offenders within the City. Police Chief Scott Nadeau clarified that with the proposed restrictions there is not a place where a level 3 offender could reside; unless with a family member. MOTION: Move to waive the reading of Ordinance No. 1636, establishing regulations for the residency location of predatory offenders within the city, there being ample copies available to the public. MOTION: Move to adopt Ordinance No.1636, being an ordinance regulating the residency location of predatory offenders within the city. H. 2016 Classification of Tax Forfeited Property MOTION: Move to waive the reading of Resolution 2016 -111, there being ample copies available to the public. MOTION: Move to adopt Resolution 2016 -111, a resolution approving the classification of certain tax - forfeit land within the City of Columbia Heights, Anoka County, Minnesota as non- conservation property and the conveyance thereof. I. Consideration of approval of attached list of rental housing applications. MOTION: Move to approve the items listed for rental housing license applications for November 28, 2016, City Council Minutes November 28, 2016 Page 3 of 11 in that they have met the requirements of the Property Maintenance Code. J. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for November 28, 2016. K. 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 163630 through 163820 in the amount of $700,833.65. Motion by Councilmember Nawrocki, seconded by Councilmember Williams to approve the Consent Agenda, as presented. All Ayes, Motion Carried. 8. PUBLIC HEARINGS A. Consideration of declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding the property at 42517th Street NE for failure to meet the requirements of the Residential Maintenance Code. Fire Chief Gary Gorman reported he will continue to work with the property owner towards resolving the issues. Motion by Councilmember Nowrocki, seconded by Councilmember Williams to close the public hearing and to waive the reading of Resolution Number 2016 -112, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Nawrocki, seconded by Councilmember Williams to adopt Resolution Number 2016- 112, 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. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions a. First Reading of Ordinance 1637, Sale of City's Vacant Asset Located at 820 40th Avenue NE Director of Community Development Joe Hogeboom reported the City has received an offer from Mulata Associates in the amount of $570,000. Hogeboom suggested a January 30, 2017 deadline be added, as well as the City's right to obtain the earnest deposit of $15,000. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to waive the reading of Ordinance No. 1637, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to approve Ordinance No. 1637, being an ordinance authorizing the sale of certain real property located at 820 40th Avenue NE, for December 12, 2016 at approximately 7:00 P.M. in the City Council Chambers. All Ayes, Motion Carried. B. Bid Considerations C. New Business and Reports a. Authorize refurbishment of Engine 1 Fire Chief Gary Gorman reported Engine 1 is twenty years old, and anticipates with a small investment an additional 10 years of service is likely. Councilmember Schmitt commented that the bids are very close, and North Central indicated they would be replacing more parts, and Rosenbauer is planning to only City Council Minutes November 28, 2016 Page 4 of 11 inspect. Chief Gorman stated he has worked with both companies in the past, and has preferred Rosenbauer. Motion by Councilmember Williams, seconded by Councilmember Schmitt to authorize the refurbishment of Engine 1 by Rosenbauer Minnesota, LLC based on their low qualified quote in the amount of $61,915.00 and authorize the Mayor and City Manager to enter into a contract. All Ayes, Motion Carried. D. DEED Grant Application for Development of the Legends of Columbia Heights Director of Community Development Joe Hogeboom reported that DEED has requested the City add a clause to Resolution 2016 -96 approved on October 24, 2016 that commits a local match to the project even if funds for the local match come from a private entity. Dominium previously agreed to pay any local match required by DEED should grant funds be awarded to the project. Thus, the City will not be responsible to fund any of the local match. Hogeboom reported the PCA will be monitoring the clean -up of the site. Motion by Councilmember Williams, seconded by Councilmember Schmitt to waive the reading of Resolution 2016 -116, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Schmitt to adopt Resolution 2016 -116, a resolution authorizing the approval of a grant application to the Minnesota Department of Employment and Economic Development Contamination Clean -up and Investigation Grant Program for the development of the Legends of Columbia Heights. All Ayes, Motion Carried. 10. ADMINISTRATIVE REPORTS City Manager Walt Fehst reported the City recently was awarded the Certificate of Achievement in Excellence in Financial Reporting. This is beneficial to the City in securing bond rates, resulting in great cost savings. Manager Fehst thanked Finance Director Joe Kloiber for his efforts. Councilmember Williams thanked Manager Fehst for his leadership. Mayor Peterson announced December 12, 2016 will be the last meeting for himself and Councilmember Nawrocki. An invitation was extended to join the Council and staff for a reception at 6:00 PM on December 12th 11. CITIZENS FORUM WINTIT1310-1UNAA114M Meeting adjourned at 7:45 p.m. Respectively Submitted, Katie Bruno, Council Secretary /City Clerk City Council Minutes November 28, 2016 Page 5 of 11 RESOLUTION NO. 2016-109 A resolution of the City Council for the City of Columbia Heights, Minnesota, establishing eligibility standards for senior citizen utility rates. Now, therefore, in accordance with all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: ORDER OF COUNCIL WHEREAS, the City Council has previously established eligibility standards for senior citizen rates for refuse service, sewage disposal, storm water and water supply; and WHEREAS, it has been the City's practice to maintain uniform eligibility standards whenever possible: NOW, THEREFORE, BE IT RESOLVED by the City of Columbia Heights as follows: That anyone over 62 years of age with a maximum household income of $33,600 will be eligible for reduced rates. BE IT FURTHER RESOLVED that the above eligibility standard is effective January 1, 2017 RESOLUTION NO. 2016 -111 RESOLUTION APPROVING THE CLASSIFICATION OF CERTAIN TAX - FORFEIT LAND WITHIN THE CITY OF COLUMBIA HEIGHTS, ANOKA COUNTY, MINNESOTA AS NON - CONSERVATION PROPERTY AND THE CONVEYANCE THEREOF. BE IT RESOLVED BY the City Council (Council) for the City of Columbia Heights, Minnesota (City) as follows: WHEREAS the City has been notified by the County of Anoka, Minnesota (County) that certain parcels of land within the City have forfeited to the State of Minnesota (Tax- Forfeit Parcel), described as attached hereto as Exhibit A, for the failure to pay ad valorem real estate taxes pursuant to provisions of Minnesota Statues Chapters 279, 280, and 281; and WHEREAS the County advised the City that if the Tax - Forfeit Parcel is located within the boundaries of the City, a classification, reclassification and sale must first be approved by the Council pursuant to provisions of Minnesota Statutes Section 282.01, subdivision 1 (h); and WHEREAS if the City desires to acquire any Tax - Forfeit Parcel, it may file a written request with the county auditor pursuant of Minnesota Statutes Section 282.01, subdivision 1a to withhold certain Tax - Forfeit Parcels from sale or lease to others for a maximum of six (6) months: NOW, THEREFORE BE IT RESOLVED that Council designates that the Tax - Forfeit Parcel provided for therein are hereby in all respects approved as non - conservation property. BE IT FURTHER RESOLVED that Council desires to acquire Tax - Forfeit Parcel 35- 30 -24 -13 -0063 and request that the parcel thereof be withheld from public and private sale to be conveyed to the City. BE IT FURTHER RESOLVED that Council recommends Tax - Forfeit Parcel 35- 30 -24 -34 -0233 be released for private sale to an abutting landowner. City Council Minutes November28, 2016 Page 6 of 11 EXHIBIT A Tax- Forfeit Parcel ADDRESS LEGAL DESCRIPTION PID 4201 Jefferson Street LOT 16, BLOCK 32 COLUMBIA HEIGHTS ANNEX, EX RD 35- 30 -24 -13 -0063 NE SUBJ TO EASE OF REC Unassigned Situs THE E 15FT OF LOT 124A BLOCK 1 HUSET PARK, SUBJ 35- 30 -24 -34 -0233 TO EASE OF REC RESOLUTION NO. 2016 -112 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 Jessica Kirby (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4251 7th Street 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 October 5, 2016. 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 October 4, 2016, 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 November 7, 2016, 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 November 15, 2016, 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 rotted wood on garage soffit and fascia; paint or side to match. 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(8). CONCLUSIONS OF COUNCIL 1. That the property located at 4251 7th 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. City Council Minutes November 28, 2016 Page 7 of 11 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 The property located at 42517th 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. RESOLUTION NO. 2016-116 RESOLUTION AUTHORIZING THE APPROVAL OF A GRANT APPLICATION TO THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT CONTAMINATION CLEAN -UP AND INVESTIGATION GRANT PROGRAM FOR THE DEVELOPMENT OF THE LEGENDS OF COLUMBIA HEIGHTS. BE IT RESOLVED BY the City Council (Council) for the City of Columbia Heights, Minnesota (City) that the City has approved the Contamination Clean -Up grant application submitted to the Department of Employment and Economic Development (DEED) on October 24, 2016 by the City for the Legends of Columbia Heights site. BE IT FURTHER RESOLVED that the City is located within the seven county metropolitan areas defined in Minnesota State Statue Section 473.121, subdivision 2, and is participating in the local housing incentives program under Minnesota State Statue Section 473.254. BE IT FURTHER RESOLVED that the City act as the legal sponsor for the project contained in the Contamination Clean -Up Grant Program to be submitted on or before November 1, 2016 and that the City Manager is hereby authorized to apply to the DEED for funding of this project on behalf of the City. BE IT FURTHER RESOLVED that the City has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration. BE IT FURTHER RESOLVED that the sources and amounts of the local match identified in the application are committed to the project identified. BE IT FURTHER RESOLVED that the City has not violated any Federal, State or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the State of Minnesota (State), the City may enter into an agreement with the State for the above - referenced project, and that the City certifies that it will comply with all applicable laws and regulations as stated in all contract agreements. NOW, THEREFORE BE IT FINALLY RESOLVED that the Mayor and the City Manager are hereby authorized to execute such agreements as are necessary to implement the project on behalf of the applicant. RESOLUTION NO. 2016 -117 A resolution of the City Council for the City of Columbia Heights, Minnesota, amending the 2016 Budget for Planning and Inspections Fund 201. Whereas, the City Council adopted an initial 2016 budget for Planning and Inspections Fund 201 by resolution 2015 -97, and amended that budget by resolution 2016 -30; and City Council Minutes November 28, 2016 Page 8 of 11 Whereas, so far the total 2016 revenue projected from licenses, permits, and related fees, under those two resolutions amounted to $308,533; and Whereas, actual revenue for 2016 will significantly exceed that projection; and Whereas, the additional expenditures necessary to provide the licensing and inspection services related to this additional revenue is not included in resolution 2015 -97 or resolution 2016 -30; Now, therefore, in accordance with all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: ORDER OF COUNCIL IT IS HEREBY RESOLVED, that the 2016 budget for Planning and Inspections Fund 201 is amended for an increase of $65,000 in both revenue and expenditures. RESOLUTION NO. 2016 -118 A RESOLUTION CANCELING THE CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETING SCHEDULED FOR MONDAY DECEMBER 26, 2016 WHEREAS: The City of Columbia Heights has historically cancelled the second meeting in December; and WHEREAS: The City Council has agreed to cancel the regular Council meeting scheduled for Monday, December 26, 2016 NOW, THEREFORE, BE IT RESOLVED, that all interested parties be advised of this change. ORDINANCE NO, 1635 The City of Columbia Heights does ordain: SECTION 1: § 5.609 (A) (1) LICENSE REQUIRED. City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: (A) License required. (1) No massages thera business within a commercial area shall operate without a license issued pursuant to the provisions of this section. SECTION 2: § 5.609 (B) Definitions City Code of 2005, is proposed to include the following addition and shall hereafter read as follows, to wit: City Council Minutes November 28, 2016 Page 9 of 11 WHEREAS, predatory offenders present a significant threat to the public safety of the community as a whole, especially children, females, and vulnerable populations. Predatory offenders are likely to use physical violence and to repeat their offenses. The cost of predatory offender victimization to society at large, while not precisely calculable, is significant; and WHEREAS, the City Council finds that a disproportionately high number of predatory offenders are being placed in the City and it is in the best interest of the public to study and consider options for addressing and minimizing the public safety impacts of such placements; and WHEREAS, the City may amend and enact ordinances and regulations under its police powers as it sees fit, including through the adoption of moratoria and temporary regulations enacted to allow the City sufficient time to prepare and adopt permanent regulations; and WHEREAS, the Council has previously enacted a temporary ordinance limiting the residency location of predatory offenders in order to study and consider a permanent ordinance limiting the residency location of predatory offenders within the City; and City Council Minutes November 28, 2016 Page 10 of 11 WHEREAS, the City has evaluated the need to limit /prohibit certain predatory offenders from establishing temporary or permanent residence in certain locations where children are known to regularly congregate in a concentrated number; and WHEREAS, the City has a compelling interest in promoting, protecting and improving health, safety and general welfare of the City's citizens. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia Heights, Minnesota, as follows: Section 1. Definitions The following words, terms, and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 1.01 "Child" means any person under the age of eighteen (18). 1.02 "Designated predatory offender" means any person who has been categorized as a Level III predatory offender under Minnesota Statutes, Sec. 244.052, any successor statute, or a similar statute from another state in which that person's risk assessment indicates a high risk of re- offense. 1.03 "Permanent residence" means a place where a person abides, lodges, or resides for 14 or more consecutive days, 1.04 "Temporary residence" means a place where a person abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the person's permanent address, or a place where the person routinely abides, lodges, or resides for a period of four or more consecutive or non - consecutive days in any month and which is not the person's permanent residence. 1.05 "School" means a public or non - public elementary or secondary school. 1.06 "Licensed child care center" means a group child care center currently licensed by the applicable County or the State of Minnesota. 1.07 "Public playground" means a publicly- owned, improved park or other outdoor area designed, equipped, and set aside primarily for children's play. Section 2. Regulations on Predatory Offenders 2.01 It shall be unlawful for any designated predatory offender to establish a permanent or temporary residence within 2,000 feet of any school, licensed child care facility, public playground, or any other place where children are commonly known to regularly congregate. 2.02 For purposes of determining the minimum distance separation required by this Section, the requirement shall be measured by following a straight line from the outer property line of the permanent or temporary residence of the designated predatory offender to the nearest outer property line of the protected property. 2.03 A designated predatory offender residing within a prohibited area as described in this Section does not commit a violation of this Ordinance if any of the following apply: City Council Minutes November 28, 2016 Page 11 of 11 A. The person established the permanent or temporary residence and reported and registered the residence pursuant to Minnesota Statutes, Sec. 243.166 and 243.167 or any successor statute, prior to the effective date of this ordinance; B. The school, licensed child care center, or public playground within 2,000 feet of the person's permanent or temporary residence was opened after the person established such residence and reported and registered the residence pursuant to Minnesota Statutes, Sec. 243.166 and 243.167, or any successor statute; C. The residence is also, as of the effective date of this ordinance, the primary residence of the person's parents, grandparents, siblings, or spouse; or D. The residence is a property purchased, leased, or contracted with and licensed by the Minnesota Department of Corrections prior to the effective date of this ordinance. Section 3. Enforcement 3.01 A violation of this Ordinance shall be a misdemeanor. In addition, the City may enforce this Ordinance by mandamus, injunction, or other appropriate civil remedy in any court of competent jurisdiction, or through any administrative penalties program of the City Code. Section 4. Effective Date 4.01 This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. ORDINANCE NO. 1637 BEING AN ORDINANCE APPROVING THE COMMERCIAL PURCHASE AGREEMENT FOR THE SALE OF CERTAIN REAL PROPERTY LOCATED AT 820 40TH AVENUE NE BY AND BETWEEN THE CITY OF COLUMBIA HEIGHTS AND MULATA ASSOCIATES The City of Columbia Heights does ordain: SECTION 1: The City of Columbia Heights, a Minnesota municipal corporation, may convey unto Mulata Associates 820 40th Avenue: Lots Three (3), Four (4), and Five (5), Block Sixty -Four (64), Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Anoka County, Minnesota. SECTION 2: The Mayor and the City Manager are herewith authorized to execute a deed to effectuate the conveyance of said real property. This ordinance shall be in full force and effect from and after 30 days after its passage.