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HomeMy WebLinkAboutNovember 8, 2004OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING IOVEMBER 8, 2004 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, November 8, 2004 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. Pastor Dave Bhley, Oak Hill Baptist Church, gave the Invocation. CALL TO ORDER/ROLL CALL Mayor Wyckoff called the meeting to order at 7:00 p.m. Present: Mayor Wyckoff, Councihnember Williams, Councilmember Nawrocki, Councilmember Ericson, Councihnember Kelzenberg PLEDGE OF ALLEGIANCE - Recited ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki indicated the additions and deletions to the agenda require a majority vote, which is not consistently done. The Council should also approve the agenda. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS Proclamations Barb Warren, Values First Coordinator, read the Proclamation recognizing November as Values First Month. Warren unveiled a new logo and a new banner, which includes the definition of each value, and indicated there would also soon be a new poster and a published newsletter. She referred to infbnnation the Council received on the Colmnunity Collaborative Survey. Wyckoff spoke of two initiatives at the Columbia Heights High School. Warren stated Values First is an initiative - a philosophy. She referred to the Empty Bowls project, essay contest, sportsmanship award, cmmnunity recognition awards, and assets development committee, which entailed bringing organizations together to put on these progu'ams. Warren stated they face a challenge obtaining gu'ants because they are not a 501C3 group. Fehst stated that Ms. Warren has been invited to the Novelnber 29th work session. Presentations Jerry Kyser, President of the Minnesota State Council, Vietnam Veterans of America, Inc. stated that on November 10th the National Guard and Vietnmn Veterans will celebrate the retirement of the UH-1 from the Air Force in conjunction with the movie "In the Shadow of the Blade". John Walsh, President of the St. Paul Chapter, stated they are sponsoring this fundraiser. Kyser spoke about the movie, which will be shown at the Heights Theater, along with a helicopter on site. Walsh stated that funds raised go to a scholarship fund for Vietnam Vets and their families, a literacy project in Laos, and donation of funds to the homeless. All funds are donated; there are no adlninistrative costs. Nawrocki stated that tickets would be available at the door. Kyser thanked the Heights Theater for their cooperation. CONSENT AGENDA Walt Fehst, City Manager, took the City Councilmembers through the Consent Agenda. 1) Approve City Council Meeting Minutes ['or the November 3, City Council Election Canvass meeting Motion to approve the minutes of the November 3, 2004 City Council Election Canvass meeting as presented. Nawrocki questioned why the October 25th Council minutes were not included. Wyckoff stated they were not complete, as stqff was working on the election. City Council Minutes November 8, 2004 Page 2 of 8 2) 3) 4) Accept Boards and Comlrfissions Meeting Minutes a) Motion to accept the October 18, 2004 minutes of the Library Board b) Motion to accept the October 21, 2004 minutes of the Teleco~mnunications Comlnission c) Motion to accept the November 3, 2004 minutes of the Planning and Zoning Colmnission d) Motion to accept the October 21, 2004 Charter Commission Milmtes Nawroclfi stated the Library Board mintttes shotdd state it was a joint meeting u2ith the City Cozmcil. Approve the Conditional Use Penrtit for Rudolph's Trees to allow for seasonal agricultural sales at 4300 Central Avenue NE Motion to approve the Conditional Use Permit for Rudolph's Trees to allow for seasonal agn-iculmral sales at 4300 Central Avenue NE as the use is consistent with the General Business District, and meets the required performance standards and required finds, subject to the following condition: 1. The outdoor storage shall be located as indicated on the site plan. 2. A $500 deposit shall be submitted to the Community Development Department prior to display of Christmas trees. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. Nawrocki stated that to better tttilize time, something as simple as this permit shoztld not require sttch detail. Approve Business License Applications Motion to approve the items as listed on the business license agenda for November 8, 2004, as presea~d. 5) Approve Pawnent of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 110411 through 110577 in the amount of $941,099.65. Motion by Nawrocki, second by Williams, to approve the Consent Agenda items as presented. Upon vote: Ayes: Wyckoff, Williams, Nawrocki, Ericson, Kelzenberg. Motion carried. PUBLIC HEARINGS Public Hearing called for Revocation/Suspension of Rental Housin~ License at 1635 49th Avenue N.E. Gary Gonnan, Assistant Fire Chief, stated this property has previously been on the agenda with 43 violation beginning last May. The last inspection found 16 violations remaining. The owner had indicated his intent to sell the property and evic~ the tenants, so ~he hearing was ctetam~tt. ~ ucmy n~ produced a quick claim deed showing the sale to his son, but staffrecolmnended going forward with the revocation in case this action also falls through. The tenants have been given a 60 day notice. Ericson stated she heard that the tenants are relatives of the owner and are expecting their 11th child. Erbob Abdi, tenant, stated he has lived in the home for 19 months and that the owner has cheated him as he has been paying the mortgage and was told he could purchase the property. Abde indicated he had a signed purchase agreement and has now been told to leave the property. He stated that he has paid the homeowners insurance and has maintained the home. Wyckoff asked if there are any safety problems in the home. Gonnan stated there is a lot of minor repair work needed inside the home, which does not meet our standards. Wyckoff stated that the sale of property is between private parties. Jim Hoeft, City Attorney, recolrnnended to go ahead with the license City Council Minutes November 8, 2004 Page 3 of 8 revocation and within the 60 days this situation may be resolved. He suggested the Fire Department update Council before the 60 days are over. Willian~s questioned if can we require the home be brought up to code before sale. Hoeft stated that the home must be brought up to code by someone. Gorman stated if sold to someone who would own/occupy the home, we would have no right to go inside. Nawrocki asked the number of people in the house. Abdi stated there are 12 people in a four-bedroom home. Gorman explained habitable rooms. Nawrocki questioned the number of vehicles on the property. Abdi explained the number of vehicles. Motion by Nawrocki, second by Williams, to waive the reading of Resolution 2004-77, there being ample copies available to the public. Ehcson asked if the landlord owns multiple buildings, and whether these violations affect the other properties. Hoeft stated they do not. Williams questioned if the fees go unpaid, are they assessed against the property. Hoeft stated the fees are $1,100. This was explained to the tenant. Upon vote: Ayes: Wyckoff, Willimns, Nawrocki, Ericson, Kelzenberg. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2004-77, Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by Abdullahi Elmi regarding rental property at 1635 49th Avenue N.E. Ehcson asked that the Fire Department come back with any infonrtation on this property within 60 days. Upon vote: Ayes: Wyckoff, Williams, Nawrocki, Ericson, Kelzenberg. Motion carried. Ericson asked the tenant if he obtained help with the purchase agreement and suggested he purchase another home. Wyckoff suggested he be put in touch with GMAC. RESOLUTION 2004-77 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to ordinance code section 5a.408(1) of that certain residential rental license held by Abdullalfi Elmi (hereinafter "license holder"). Whereas, license holder is the legal owner of the real property located at 1635 49th Avenue N.E., Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights code section 5.104(1)(a), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the license holder on October 7, 2004 of a public hearh~g to be held on November 8, 2004. 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 20, 2004, inspectors for the City of Columbia Heights, inspected the property and noted forty-tlzree violations. Compliance orders listing the violations were mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on June 1, 2004, inspectors for the City of Columbia Heights reinspected the immediate hazard violations and noted that the three initial violations remained uncorrected. 3. That on July 1, 2004, inspectors for the City of Columbia Heights, reinspected the property and noted thirty-nine violations remained uncorrected. Compliance orders listing the violations were mailed by regular mail to the o~w~er at the address listed on the Rental Housing License Application. 4. That on July 26, 2004, inspectors for the City of Columbia Heights, attempted to reinspect the property, inspectors and the City Council Minutes November 8, 2004 Page 4 of 8 office were notified that the property had been sold to the tenants, as so, an exterior inspection was performed only. Inspectors noted that all the exterior violations remained uncorrected. Compliance orders listing the violations were mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 5. That on August 12, 2004, inspectors for the City of Columbia Heights were notified that the property was still owned by Abdullahi Ehni. Inspectors reinspected the property and noted thirty-three violations remained uncorrected. A City Council license revocation hearing was scheduled and a notice of such was sent along with compliance orders listing the violations were mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 6. That on September 8, 2004, inspectors for the City of Columbia Heights reinspected the property and noted that twenty- two violations remained uncorrected, inspectors had been notified that the tenants would be evicted by September 30, 2004 and that the property would no longer be occupied and sold. The City Council hearing was closed. Compliance orders listing the violations were mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 7. That on October 5, 2004, inspectors for the City of Columbia Heights reinspected the property and noted that twenty-one violations remained uncorrected. The property was still occupied and a new license revocation heating was setup. Compliance orders listing the violations were mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 8. That on October 26, 2004, inspectors for the City of Columbia Heights reinspected the property and noted that sixteen violations remained uncorrected. Compliance orders listing the violations were mailed by certified mail to the owner at the address listed on the Rental Housing License Application. That based upon said records of the Enforcement Officer, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: A. FAILURE TO CORRECT VIOLATION OF THE RESIDENTIAL MAINTENANCE CODE B. FAILURE TO SUBMIT REINSPECTION FEES OF $1,100.00 9. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 1635 49a' Avenue NE is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto, 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other heatings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F6441A is hereby revoked/suspended (cross out one); 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 60 days from the first day of posting of this Order revoking the license as held by License Holder. B) Adopt Resolution Declaring Property at 3730 Tyler Street N.E. a Nuisance and Approving the Abatement of Violations Gonnan stated that this property was already abated once this summer and the yard is now filled again. He stated that the prior abatement material of four 20-yard dumpsters was disposed of in October. Williams questioned if the owner has paid the fees. Gonnan stated that he as not been sent the final bill. Hoeft stated that if the owner does not pay the costs, assessment would come before Council. Hoeft indicated this abatement is not as time sensitive, as combustible materials have been removed, and recommended issuing a lettering indicating the nuisance and time allotment for removal. Williams asked if the property were sold, would we still receive payment. Hoeft stated that any realtor would be required to disclose the issue. Motion by Nawrocki, second by Williams, to waive the reading of Resolution No. 2004-78, there being City Council Minutes November 8, 2004 Page 5 of 8 ample copies available to the public. Upon vote: Ayes: Wyckoff, Williams, Nawrocki, Ericson, Kelzenberg. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2004-78, Resolution of the City Council of the City of Columbia Heights Declaring the Property at 3730 Tyler Street N.E. a Nuisance and Approving the Abatement of Violations from the Property Pursuant to City Code Section 8.602. Kelzenberg questioned if we charge for our time. Gorman stated that personnel time and storage are being charged. Upon vote: Ayes: Wyckoff, Willimns, Nawrocki, Ericson, Kelzenberg. Motion carried. RESOLUTION 2004-78 Resolution of the City Council for the City of Columbia Heights approving abatement of ordinance violations pursuant to chapter 8, article vi, section 1 of city code, ordinance violations exist on property owned by Anthony Griffith (hereinafter "owner of record"). Whereas, owner of record is the legal owner of the real property located at 3730 Tyler Street, Columbia Heights, Mhmesota, And whereas, pursuant to Columbia Heights code section 8.602(1)(b), written notice setting forth the causes and reasons for the proposed Council action contained herein was sent via certified and regular mail to the owner of record on November 3, 2004. 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 13, 2004 an inspection was conducted and one violation was noted. A letter detailing the abatement procedure and a copy of applicable ordinance sections was sent by regular mail to the owner of record. 2. That on October 29, 2004, the Assistant Fire Chief reinspected the property and noted that the violations remained uncon'ected. A notice of abatement and public heating was mailed to the owner of record by certified mail on November 3, 2004. 3. That based upon said records of the Fire Department, the following conditions and violations of City Ordinance(s) were found to exist, to-wit: A. FAILURE TO CORRECT RMC VIOLATIONS - REMOVE ALL/ANY OUTSIDE STORAGE FROM THE PROPERTY. 4. 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 8.602(1)(a) and 8.602(1)(b). CONCLUSIONS OF COUNCIL 1. That the property located at 3730 Tyler Street is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement attached hereto; 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 3730 Tyler Street constitutes a nuisance pursuant to City Code. 2. That a copy of this resolution/order shall be served upon all relevant parties and parties in interest. 3. That any motion for sunnnary enforcement shall be served upon all relevant parties and parties in interest. That all service provided for herein shall be in accordance with Minnesota Statute 483.17, subd. 2 Gonnan indicated that the property owner has resolved the abatement at 4152 Cleveland. Through the Contract for Deed, the owner is getting the property back. City Council Minutes November 8, 2004 Page 6 of 8 Wyckoff questioned if the tenant at 1310 Circle Terrace has set an inspection. Gorman indicated that she has not returned the necessary COlTespondence. Nawrocki questioned if the Salvation Army transitional housing at 1004-1006 Gould has a rental license. Gorman stated they have a duplex license; occupancy rate is based on habitable rooms. Nawrocki questioned what transition housing includes. Gonnan stated it is for veterans re-entrance into society, limited to one year. Gonnan indicated that the Salvation Army has done a nice job as landlords and building usage does not affect the rental license. ITEMS FOR CONSIDERATION Other Business 1) Approval of a Development Contract for the Amended Final Plat of Grand Central Lofts and Approval of the Amended Final Plat of Grand Central Lofts Ellen Berkelhmner, City Planner, indicated that the developer has requested to add one townhome unit to the partial plat approval given last August. She stated that additional park dedication fees would be required when the building permit is issued. The Planning Commission has recolmnended approval with the same conditions as the original plat. Nawrocki questioned where the sidewalk would go. Berkelhamer stated from Fillmore to Central Avenue, following engineering requirements, with the portion by Arby's included when that area is developed. Nawrocki stated that Park Dedication fees could be used toward the park budget. Hoeft stated this has historically been used toward added stress to the park system, rather than toward the budget. Nawrocki questioned who would maintain the tiered retaining wall. Bruce Nedegaard, developer, indicated that the homeowner's association would maintain it. Nawrocki questioned the height of the tiers and the washout at the top. Nedegaard indicated the heights and that they have all been designed by registered engineers, and the washout would be repaired. Wyckoff questioned the cost of restoration items. Nedegaard indicated that is a letter of credit for $1.2 million. Hoeft stated these are estimated. Nawrocki questioned property dedicated to the County. Berkelhalner stated that the developer lnust now dedicate 27 feet. This does not apply to the property he does not control. Nawrocki questioned the number of units to be built and the TIF requirement. Berkelhamer stated 231 units. Nedegaard stated $700,000 in TIF. Nawrocki indicated this is about $3,000 per unit compared to $21,000 per unit in the industrial area. Nedegaard stated that the commercial area would require more TIF. Fehst pointed out soil correction problems in the industrial area. Wyckoff questioned the Savers property. Nedegaard indicated purchase is being discussed and Pd'by's would be demolished within the next two weeks. Wyckoff questioned interest in the units. Nedegaard stated that 25 percent are sold in the first building and there is a list of 62 people interested in the condos. Williams stated that Nedegaard is doing a wonderful thing for the City. Nawrocki pointed out that Nedegaard is also paying for the utility woffk and the street WOl:lC. Motion by Ericson, second by Williams, to approve the Development Contract for the Plat of Grand Central Lofts. Upon vote: Ayes: Wyckoft; Williams, Nawrocki, Ericson, Kelzenberg. Motion carried. City Council Minutes November 8, 2004 Page 7 of 8 Motion by Ericson, second by Williams, to approve the Al.nended Final Plat of Subdivision subject to the following conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. Upon approval of a final plat, the applicant shall be responsible for filing and recording the final plat with the Anoka County Recorder's Office within one year of the date of City Council action. In the event that a final plat is not recorded within this time period, the final plat will become void. 2. The Developer must dedicate 27 ft. of right of way to Anoka County along the 49th Avenue access. 3. The Developer must install a sidewalk along the 47th Avenue right-of-way from the west boundary of the property east toward Filhnore, and include a sidewalk link to Central Avenue as pal of the development of the commercial parcel, Outlot C. 4. The Developer must make a park dedication contribution in the amount of $173,250 ($750 per unit for 231 units) prior to building permit issuance, in accordance with the Development Agreement. 5. The Homeowners Association covenants will be submitted in a fonn acceptable to the City Attorney, in accordance with the Development Agreement. 6. If the proposed retaining wall exceeds four feet in height, the final plans should include a wall design by a registered engineer. 7. The Development shall provide the City of Columbia Heights with as-built drawings of all newly constructed utilities, in both hardcopy and electronic (.dwg) format. 8. The City's requirement for intersection clear zone, or a 30-foot triangle mnst be maintained at the public road access on 49th and 47th Avenues, including the landscape and signage plan. 9. A copy of Anoka County's acceptance of the right turn lane construction and lane restriping on 49th Avenue must be provided to the City Engineer. Upon vote: Ayes: Wyckoff, Williams, Nawrocki, Ericson, Kelzenberg. Motion carried. ADMINISTRATIVE REPORTS Report of the City Manager Nawrocki questioned the car lot on 51st Avenue. Fehst stated that we were misinformed, as the conditional use pernfit allows only half of the vehicles present. Staff will schedule a meeting with the owner. Wyckoff stated that the Boards and Comlnissions appreciation dinner would be held on December 8, 2004. Report of the City Attorney - none CITIZENS FORUM Mrs. Helen Kersh, 1440 Circle Terrace, thanked everyone for their work on the Council. She presented balloons to the winning candidates present. Nawrocki stated that Columbia Heights had a very impressive 97 percent turnout of register voters. Deb Johnson, 4626 Pierce Street, indicated sorne voters were not well inforn~ed and that grandstanding at the last Council meeting was shmneful. COUNCIL CORNER Nawrocki 97 percent of registered voters voted in Columbia Heights, 60 percent nationwide, and 70 percent state wide. Requested more budget sessions, with less fancy presentations and more detail. Requested cun-ent over/under budget status for this year. There should be carryover money to help reduce taxes. · Requested monthly update on costs for the industrial park. City Council Minutes November 8, 2004 Page 8 of 8 Questioned increased cost of leaf disposal, and if the County does not take the City's leaves, whose leaves do they take. Fehst will obtain further information. Ericson There will be an opening on the Planning and Zoning Co~mnission. Applications are accepted at City Hall. Williams Has tickets available for the Vietnam Veterans fundraiser at his store. Corporal Okerstrom is revitalizing our neighborhood watch program. Fehst stated that more officers would be necessary to facilitate these meetings. Questioned if there is an ordinance against someone bringing in garbage from other communities and dumping it here. Fehst stated that if we observe this, staff would notify them and make sure it stops. The voting process is humbling. We have four more years to make a difference. Values for November are caring, compassion and kindness. Surprised that the school referendum failed. Citizen's budgets are tight. Fehst stated that JoAnn Student indicated there were 1,400 ballots without a vote for this item. Had that number voted, the referendum could have passed. The District has one more chance to put this to a vote next year, and after that would have to seek more cuts. Ericson stated that more voted yes, but the blank votes counted as a no - so the referendum failed. · Continue to pray for the health and peace of our citizens. Kelzenberg Thanked Deputy City Clerk/Council Secretary Patty Muscovitz for the good job she did on the election. There is a new machine at the Post Office, whereby people can mail packages using credit cards, etc. Williams indicated that the Peterson Holiday Kickoff Party would be held on November 27th at Murzyn Hall. Wyckoff Also thanked Patty Muscovitz for her work on the election. Indicated she will still be active in the con-nnunity. Wishes to get more people involved. Attend budget meetings. Has learned that one position to be reduced or cut would be Jean Kuehn, Recycling Coordinator, which would hurt our City services. Nawrocki stated he did a Police ride-along on Friday and discussed the Crime Watch program with Corporal Okerstom and his co~mnitment to revitalize the program. We have approximately 120 to 130 neighborhood groups. Nawrocki co~rnnended his efforts. He stated he was in, pressed that two reserve officers and a CSO were available to handle the less tense situations, like dog complaints. ADJOURNMENT ...... o.,+5 p.m. Mayor Wyc~co~r adjournea tne meeting at °'~ P~cia ~,~uscovitz, CMC O° Dephty City Clerk/Council Secretary