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HomeMy WebLinkAboutJuly 23, 2001 RegularCITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: www. ci. colurnbia-heights.mn, us ADMINISTRATION Gary L. Peterson Councilrnembers Marlaine Szurek Julienne WyckoJf Bruce Nawrocki Robert,4. Williams City Manager Walter R. Fehst July 20, 2001 The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, July 23, 2001 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. ;] The City of Columbia Heights does not discriminate on the basis °f disabili ,W ~n the.~ .dmissi°n. ,°rja,c. ces, s, tw°' i~iv~uat~n;i~I emnloyment in, its services, programs, or activities. Upon request, accolm~ooatton Will De provlaeu to atto disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. 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.) 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) MOTION: Move to approve the Consent Agqnda items as follows: 1) Minutes for Approval MOTION: Move to approve the minutes 0fthe July 9, 2001, regular City Council meeting as presented. 2) Establish Work Session Meeting Dates fo[ August 6, 2001 and August 20, 2001 MOTION: Move to establish Work SessiOn meeting dates for Monday, August 6, 2001 beginning at 7:00 p.m. and Monday, August 20, 2001 beginning at 7:00 p.m. 3) Authorize disposal of surplus City vehicles and/or forfeiture vehicles MOTION: Move to authorize the sale, salvage, or disposal of the attached listing of surplus City vehicles by sealed bid. Dates for viewing and deadline to receive bids to be determined and published by the Police Department in th~ Focus Newspaper, the League of Minnesota Cities Newsletter, the City's cable TV charmel, and on the City's web site. 4) Authorize professional services of McCo~nb Group Ltd. t° c°nduct an evaluati°n and market analysis of retail areas in Columbia Heigl~ts. MOTION: Move to authorize the Mayor and City Manager to enter into an agreement for the professional services of M¢Comb Group Ltd. to conduct an evaluation and market analysis of retail areas in the City of Columbia Heights at a cost not to exceed $17,700, based on their proposal dated June 27, 2001. City Council Agenda July 23,200! Page 2 of 5 5) Authorize to seek bids for 2001 Sewer Pipe Lining MOTION: Move to authorize staffto seek bids for the 2001 sewer pipe lining. 6) Authorize Professional services for Braun Intertec to conduct Road Rater Testing on Zone 7 City Streets MOTION: Move to authorize Braun Intertec Corp. Inc. to conduct Road Rater Testing on Zone 7 streets, excluding C.S.A.H. for $1,050.00 per mile plus mobilization at a cost not to exceed $11,000. 7) Approve Amendment No. 3 to the Professional Services Agreement with BRW for Central Avenue Street, Utility and Streetscaping Design. MOTION: Move to authorize Amendment No. 3 in the amount of $82,950 to BRW for Central Avenue street, Utility and Streetscaping from 37th to 43ra Avenues as detailed in the attached proposal letter dated July 10, 2001 for a revised professional services agreement of $348,100; and, to authorize the Mayor and City Manager to amend the agreement for the same. 8) Ordinance No. 1431~ being an Ordinance Setting the Sale Date for the Issuance of $277857000 General Obligation Tax Increment Refunding Bonds, Series 200lA. Motion: Move to indefinitely table the reading of Ordinance No. 1431. 9) Authorize installation of "30 minute" parking signs in front of 4024 and 4028 Central Avenue. MOTION: Move to install "30 minute parking from 7 a.m. to 5 p.m. Monday through Friday" signage in front of 4024 and 4028 Central Avenue until construction begins on Central Avenue or July 1, 2002, whichever occurs first, based on a recommendation of the Traffic Commission. 10) Adopt Resolution No. 2001-45, being a resolution requiring the removal of a hazardous structure located at 582 NE 47th Avenue. MOTION: Move to waive the reading of Resolution No. 2001-45, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2001-45, being a Resolution declaring the building on the property located at 582 NE 47th Avenue as hazardous, the Structure/Building must be razed, and the lot graded for future development. 11) Establish Hearing Date regarding License Revocation or Suspension of Rental Properties at 3718 Central Avenue NE and 4645 Washington Street NE MOTION: Move to Establish a Hearing Date of August 13, 2001 for Revocation or Suspension ora License to Operate a Rental Property within the City of Columbia Heights against Heidi VonHeideman at 3718 Central Avenue NE. MOTION: Move to Establish a Heating Date of August 13, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Avery Fenne at 4645 Washington Street NE 12) Approve Rental Housing License Application MOTION: Move to approve the items listed for rental housing license applications for July 23, 2001. City Council Agenda July 23, 2001 Page 3 of 5 13) Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for July 23, 2001 as presented. 14) Approve Payment of Bills MOTION: Move to pay the bills, as listed, out of the proper fund. Se PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A) Proclamations B) Presentations C) Introductions 1) Tom Greenhalgh - Park and Recreation Commission 2) William Peterson - Park and Recreation Commission D) Recognition 1) Bruce Magnuson - retirement, six years on the Park and Recreation Commission 6. PUBLIC HEARINGS A) Close the Public Hearing for Revocation/Suspension of Rental Housing License at 4612 Polk Street MOTION: Move to close the Public Hearing regarding the Revocation or Suspension of the Rental License held by Marilyn Dalseth regarding rental property at 4612 Polk Street in that the property is in compliance with the Residential Maintenance Code. B) Close the Public Hearing for Revocation/Suspension of Rental Housing License at 4420-4422 Monroe MOTION: Move to close the Public Hearing regarding the Revocation or Suspension of the Rental License held by Duncan McClellan regarding rental property at 4420-4422 Monroe Street in that the property is in compliance with the Residential Maintenance Code. C) Close the Public Hearing for Revocation/Suspension of Rental Housing License at 1035-1037 43 ½ Avenue NE MOTION: Move to close the Public Hearing regarding the Revocation or Suspension of the Rental License held by Thomas Ferrara regarding rental property at 1035-1037 43 ½ Avenue NE in that the property is in compliance with the Residential Maintenance Code. D) Adopt Resolution 2001-46 being a Resolution for Rental Housing Revocation at 1224-1226 Circle Terrace MOTION: Move to waive the reading of Resolution No. 2001-46, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2001-46, being a 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 Salman Ali regarding property at 1224-1226 Circle Terrace E) Adopt Resolution 2001-47, being a Resolution for Rental Housing Revocation 1024-1026 45th Avenue MOTION: Move to waive the reading of Resolution No. 2001-47, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2001-47, being a 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 Raymond Buganski regarding property at 1024-1026 45th Avenue NE City Council Agenda July 23, 2001 Page 4 of 5 7. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions 1) First Reading of Ordinance No. 1432, being an Ordinance to Rescind the November 1997 Amendment to Ordinance 7.205 Pertaining to Nonmoving Violations MOTION: Move to waive the reading of Ordinance No. 1432, there being ample copies available to the public. MOTION: Move to establish August 13, 2001, at approximately 7:00 p.m. as the Second Reading of Ordinance 1432, being an Ordinance to rescind the November 1997 Amendment to Ordinance 7.205 Pertaining to Nonmoving Violations. 2) First Reading of Ordinance No. 1433, being an Ordinance change pertaining to the Disposition of Unclaimed Property. MOTION: Move to waive the reading of Ordinance No. 1433, there being ample copies available to the public. MOTION: Move to establish August 13, 2001 at approximately 7:00 p.m. as the Second Reading of Ordinance 1433, being an Ordinance pertaining to the Disposition of Unclaimed Property. 3) First Reading of Ordinance No. 1434, being an Ordinance Amending Ordinance No. 853 Pertaining to Parking on Landscaped Surfaces. MOTION: Move to waive the reading of Ordinance No. 1434, there being ample copies available to the public. MOTION: Move to establish August 13, 2001 at approximately 7:00 p.m. as the Second Reading of Ordinance 1434, being an Ordinance pertaining to Parking on Landscaped Surfaces. 4) Second Reading of Ordinance No. 1430, being an Ordinance Authorizing the Conveyance of Certain Real Estate located at 4401 Quincy Street NE in the City of Columbia Heights. MOTION: Move to Waive the Reading of Ordinance No. 1430, there being ample copies available to the Public. MOTION: Move to adopt Ordinance No. 1430, being an Ordinance Authorizing the Conveyance of Certain Real Estate located at 4401 Quincy Street NE in the City of Columbia Heights. B) Bid Considerations C) Other Business 8. ADMINISTRATIVE REPORTS A) Report of the City Manager 1) Upcoming Work Session Items B) Report of the City Attorney 9. GENERAL COUNCIL COMMUNICATIONS A) Minutes of Boards and Commissions 1) Meeting oft:he July 2, 2001, Public Library Board of Trustees 2) Meeting of the July 2, 2001, Traffic Commission 3) Meeting of the July I0, 2001, Planning and Zoning Commission 4) Meeting of the June 26, 2001, Economic Development Authority City Council Agenda July 23, 2001 Page 4 of 5 ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions 1) First Reading of Ordinance No. 1432, being an Ordinance to Rescind the November 1997 Amendment to Ordinance 7.205 Pertaining to Nonmoving Violations MOTION: Move to waive the reading of Ordinance No. 1432, there being ample copies available to the public. MOTION: Move to establish August 13, 2001, at approximately 7:00 p.m. as the Second Reading of Ordinance 1433, being an Ordinance Authorizing the Conveyance of Certain Real Estate located at 4401 Quincy Street NE. in the City of Columbia Heights. 2) First Reading of Ordinance No. 1433, being an Ordinance change pertaining to the Disposition of Unclaimed Property. MOTION: Move to waive the reading of Ordinance No. 1433, there being ample copies available to the public. MOTION: Move to establish August 13, 2001 at approximately 7:00 p.m. as the Second Reading of Ordinance 1433, being an Ordinance pertaining to the Disposition of Unclaimed Property. 3) First Reading of Ordinance No. 1434, being an Ordinance Amending Ordinance No. 853 Pertaining to Parking on Landscaped Surfaces. MOTION: Move to waive the reading of Ordinance No. 1434, there being ample copies available to the public. MOTION: Move to establish August 13, 2001 at approximately 7:00 p.m. as the Second Reading of Ordinance 1434, being an Ordinance pertaining to Parking on Landscaped Surfaces. 4) Second Reading of Ordinance No. 1430, being an Ordinance Authorizing the Conveyance of Certain Real Estate located at 4401 Quincy Street NE in the City of Columbia Heights. MOTION: Move to Waive the Reading of Ordinance No. 1430, there being ample copies available to the Public. MOTION: Move to adopt Ordinance No. 1430, being an Ordinance Authorizing the Conveyance of Certain Real Estate located at 4401 Quincy Street NE in the City of Columbia Heights. B) Bid Considerations C) Other Business 8. ADMINISTRATIVE REPORTS A) Report of the City Manager 1) Upcoming Work Session Items B) Report of the City Attorney GENERAL COUNCIL COMMUNICATIONS A) Minutes of Boards and Commissions 1) Meeting of the July 2, 2001, Public Library Board of Trustees 2) Meeting of the July 2, 2001, Traffic Commission 3) Meeting of the July 10, 2001, Planning and Zouing Commission 4) Meeting of the June 26, 2001, Economic Development Authority City Council Agenda July 23, 2001 Page 5 of 5 10. CITIZENS FORUM (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Please note the public may address the Council regarding specific agenda items at the time the item is being discussed.) 11. COUNCIL CORNER Mayor Peterson - Remember: don't take ourselves too seriously, enjoy life, and do a random act of kindness! 12. ADJOURNMENT Walter R. Fehs/t, 'City IClanager WF/pvm OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING JULY 9, 2001 THESE ., INUTES I-!,WE NOT BEEN APPROVED. The following are the minutes of the regular meeting of the Columbia Heights City Council held at 7:00 p.m. on Monday, July 9, 2001 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Milmesota. CALL TO ORDER/ROLL CALL Mayor Peterson called the meeting to order at 7:00 p.m. Present: Councilmembers Williams, Szurek, Wyckoff, Nawrocki and Mayor Peterson PLEDGE OF ALLEGIANCE ADDITIONS/DE1,ETIONS TO MEETING AGENDA Mayor Peterson stated that two appointments to the Park and Recreation Commission would be addressed. Walt Fehst, City Manager, stated that Item #7B3, First reading of Ordinance for Issuance of Tax Increment Refunding Bonds, wouM be pulled until further research is completed and presented at the July 23, 2001 City Council meeting. Nawrocki asked that other consultants be contacted for cost estimates. Fehst stated that Springstead, Inc. contacted the City with a proposal to refinance the 1990 Capital Appreciation Bonds, at a cost savings of approximately $110,000. CONSENT AGENDA MOTION by Sznrek, second by Wyckoff, to approve the Consent Agenda items as follows: 1) Minutes for Approval MOTION to approve the minutes of the June 25, 2001, regular City Council meeting as presented. 2) Establish Hearing Date regarding License Revocation or Suspension ofRental Pr°perties at 1224-1226 Circle Terrace Blvd, 1024-1026 45th Avenue, 1035-1037 43-1/2Avenues, 4420-4422 Monroe Street and 4612 Polk Street MOTION to establish a Hearing Date of July 23,2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Salman Ali at 1224-1226 Circle Terrace Blvd NE. MOTION to establish a Hearing Date of July 23, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Raymond Buganski at 1024- 1026 45th Avenue NE MOTION to Establish a Hearing Date of July 23, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Thomas Ferrara at 1035- 1037 43-1/2 Avenue NE. MOTION to Establish a Hearing Date of July 23, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Duncan McClellan at 4420- 4422 Monroe Street NE. MOTION: Move to Establish a Heating Date of July 23, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Marilyn Dalseth at 4612 Polk Street NE. City Council Agenda July 9, 2001 Page 2 of 9 3) Approve Business License Applications MOTION to approve the items as listed on the business license agenda for July 9, 2001 as presented and that the fee of $200 for Immaculate Conception Church be waived. Fehst indicated the waiving of the fee is for the annual Immaculate Conception Church Jamboree. 4) Approve Payment of Bills MOTION to pay the bills, as listed, out of the proper fund. Nawrocki stated he appreciates the information received regarding hearing dates for license revocation. Nawrocki indicated the detailed copy of the bill list distributed to the Council must be available to the public. Fehst stated a copy was available at the meeting from the Deputy City Clerk, and stated Council could discuss this further at a work session. Upon Vote: All ayes. Motion carried. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A)Proclam~ions-none B) Present,ions-none C) In~oduction ofNewEmployees-none D) Recognition- none PUBLIC HEARINGS None ITEMS FOR CONSIDERATION A) Other Business 1) Appointment -Park and Recreation Commission Member MOTION by Nawrocki, to appoint Tom Greenhalgh to the current vacancy on the Park and Recreation Commission with the term to expire on April 1, 2006, and Mark Emme to fill the vacancy to expire on April 1, 2005, when the anticipated written resignation is received. Motion died for lack of second. MOTION by Williams, second by Szurek, to appoint William Peterson to the term to expire April 1, 2006, and to appoint Tom Greenhalgh to the term to expire April 1, 2005. Nawrocki asked that the motion be denied and the appointments be voted on individually. Motion withdrawn. MOTION by Williams, second by Szurek, to appoint William Peterson to the Park and Recreation Commission vacant term to expire April 1, 2006. Nawrocki stated that William Peterson has good qualifications, but is the Mayor's son. Williams stated that Mr. Peterson is very qualified, and does not feel this is nepotism. Szurek felt it would be unfair to discriminate when Peterson is qualified, and this is a volunteer position. Mayor Peterson stated he is the current liaison to this commission and would remove himself if this appointment were made. Wyckoff requested this be discussed at a work session. City Council Agenda July 9, 2001 Page 3 of 9 Upon Vote: Williams - aye, Szurek - aye, Wyckoff - aye, Nawrocki - abstain, Peterson - aye. 4ayes, one abstention, Motion carried. Fehst indicated that William Peterson had worked for City Maintenance at Murzyn Hall on the weekends for a short time, and that he now works for the City of Blaine Park and Recreation Department. MOTION by Williams, second by Szurek, to appoint Tom Greenhalgh to the Park and Recreation Commission vacant term to expire April 1, 2005, subject to receiving the prior Commissioner's letter of resignation. Upon Vote: Williams - aye, Szurek - aye, Wyckoff- aye, Nawrocki - aye, Peterson - aye. All ayes. Motion carried. Mayor Peterson asked that the appointees be invite to the next meeting to be introduced. He stated that these are volunteer positions, which can be a thankless job, but the work they do is very appreciated by the City Council. 2) Approve Purchase Agreement for the property at 500 Mill Street Fehst stated that 500 Mill Street is adjacent to Huset Park, and by Council perimeters, pursued the purchase of this property for $135,000. The monies wouM come from the Medtronic fund, previously set aside for capital improvements of a community center. Nawrocki questioned if an appraisal was completed. Fehst stated the market value was considered, and the City Planner determined this was in compliance with the Comprehensive Plan. Nawrocki felt the Planning and Zoning Commission shouM have been involved. Fehst read the City Planner's report. Fehst indicated that this property wouM be available if development of the industrial area across the street progressed. Nawrocki indicated this property was not necessary for park purposes, but wouM be beneficial for industrial prospects. Fehst stated that the Resolution does not limit the property to park usage. Fehst indicated the property wouM be leased to the current resident, the aunt of the property owners, with a condition allowing her to lease the property for three years, and an option for one additional year. The site wouM be handled as a rental unit. The City would cut the grass and shovel the snow. The resident would pay the utilities. Jim Hoefi, City Attorney, referred to these responsibilities in the purchase agreement, which indicate the purchaser would be responsible for maintenance or reasonable repair. Wyckoff explained the site to the public, and stated this purchase is no on her list of priorities, but agreed the City should purchase the property now. MOTION by Williams, to authorize the City Manager to enter into an agreement for the purchase of the property at 500 Mill Street in the amount of $135,000, with funds to come from the proceeds resulting from the sale of the Sullivan Lake project to Medtronic. Hoeft requested the motion be amended to include the "Mayor" to enter into the agreement. Williams agreed to amend the motion to include the "Mayor" to enter into the agreement. Motion seconded by Szurek. Upon Vote: All ayes. Motion carried. City Council Agenda July 9, 2001 Page 4 of 9 3) Approve the Sale and Development Agreement Relating to 3913 Polk Street NE and 4401 Quincy Street NE. by and between the City of Columbia Heights, the Economic Development Authority of Columbia Heights and Twin Cities Habitat for Humanity. Randy Schumacher, Community Development Assistant, stated that in 1998 an application was submitted to Anoka County for HOME funds to acquire property, remove homes, and replace them with affordable housing in our scattered site tax increment district. The Economic Development Authority (EDA) has authorized the sale of 3913 Polk to Habitat for Humanity and a contingent for the sale of 4401 Quincy Street NE. Habitat would be responsible for the removal and construction of two new homes. Habitat would have to submit the design plans to the EDA for approval. Szurek stated the concern of some Polk Street residents that the design of the Habitat home fit the neighborhood. Schumacher indicated this is the reason for requiring the design approval of the EDA. Wyckoff questioned where the funds to purchase this would come from. Schumacher referred to the budget information included in the Council packet, and stated that the City 's portion would be $17, 500. Wyckoff indicated that she was firmly opposed to this sale to Habitat, and stated the homes should be put to a public bid. She questioned Habitat placing homes, where children will live, so close to a busy street. Wyckoffstated the agreement with Habitat in 1996 was only a letter toprovide nine lots over a three-year period, and that time period is over. The letter referred to Taylor and Fillmore Streets, not Quincy or Polk Streets. Wyckoff indicated the Council did not approve this letter. She stated that there are already nine Habitat homes in Columbia Heights, and that the market should decide who gets these properties. Nawrocla' stated there was no agreement, only at best a letter of understanding, and no indication of follow up to the City Council. He indicated Habitat has done good work, but disappointed they do not give first consideration to Columbia Heights residents. Nawrocki felt it would be best to spend funds upgrading existing properties. Williams felt we have enough Habitat homes, but as the City agreed to nine lots and he believed we shouM live up to the agreement. MOTION by Williams, second by Szurek, to approve and adopt the Sale and Development Agreement relating to 3913 Polk Street NE and 4401 Quincy Street NE by and between the City of Columbia Heights, the Economic Development Authority of Columbia Heights and Twin Cities Habitat for Humanity contingent upon the passage of the appropriate Ordinances and Resolutions required for execution of said agreement. Nawrocki again indicated there was no agreement in place. Peterson stated the agreement is the letter to Habitat for Humanities. He indicated it may not be a legal agreement, but the intent was clear and he felt the City should fulfill this promise. Peterson stated that Columbia Heights has work force housing and is proud of our community and our diversity. He has talked with Habitat about design changes. Williams stated that these new homes would add value to the community. Upon vote: Williams - aye, Szurek - aye, Wyckoff- nay, Nawrocki - nay, Peterson - aye. 3 ayes - 2 nayes, Motion carried. City Council Agenda July 9, 2001 Page 5 of 9 B) Other Ordinances and Resolutions 1) Approval of Resolution 2001-43 Authorizing the Purchase of 4401 Quincy Street NE. Randy Schumacher, Acting Community Development Director, stated this resolution was the first step to acquiring the property at 4401 Quincy Street. He indicated that this is a volunteer sale that has been in process for over a year. The agreed sale price is $120,000. MOTION: Szurek, second by Williams, to waive the Reading of Resohition 2001-43, there being ample copies available to the public. Upon vote: Williams - aye, Szarek - aye, Wyckoff- nay, Nawrocki - nay, Peterson - aye. 3 ayes, 2 nayes. The Deputy City Clerk indicated that with out a unanimous vote, the Ordinance must be read. NawrocM requested a revote. Vote withdrawn. MOTION by Nawrocki, second by Wyckoff, to waive the reading of Resolution No. 2001-43, there being ample copies available to the public. Upon vote: Williams - aye, Szurek - aye, Wyckoff- aye, Nawrocki - aye, Peterson - aye. All ayes, Motion carried. MOTION by Szurek, second by Williams, to Approve and Adopt Resolution No. 2001-43 Authorizing the purchase of 4401 Quincy Street NE. Upon vote: Williams - aye, Szurek - aye, Wyckoff- nay, Nawrocki - nay, Peterson - aye. 3 ayes, 2 nays, Motion carried. Resolution 2001-43 RESOLUTION OF THE CITY OF COLUMBIA ItEIGHTS, MINNESOTA AUTHORIZING THE PURCHASE OF 4401 QUINCY STREET NE. WHEREAS, the City has found that there exists conditions of deterioration, substandard residential structures, residential units in need of repairs which are in violation of the City Housing Code and City Ordinances or there exists a need (due to blighting influences) for intervention by the City to prevent further deterioration of the area; and WHEREAS, the City and the Columbia Heights Economic Development Authority have Modified the Central Business District Redevelopment Project and established the Housing Redevelopment Tax Increment Financing District No. 1 (a redevelopment district) on May 27, 1997; and WHEREAS, the property owner has offered to the City an option to purchase one such parcel within Housing Redevelopment TIF District No. 1 at 4401 Quincy Street NE; and WHEREAS~ the City desires to acquire said parcel for a fee not to exceed $120,000. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Columbia Heights that: 1. The City Council hereby approves the purchase of 4401 Quincy Street NE. for a fee not to exceed $120,000 which is determined to be a fair market price given the deteriorated condition of the structure. 2. The City Council directs the City Attorney to prepare a purchase agreement and other documents necessary to execute the sale of said property at 4401 Quincy Street NE. City Council Agenda July 9, 2001 Page 6 of 9 The City Council authorizes the use of $70,000 of Anoka County HOME Grant Funds, $17,500 of Economic Development Authority Funds, and $35,650 of Twin City Habitat for Humanity Funds for the financing of this project. The City Council authorizes the Mayor and City Manager to enter into an Agreement(s) for the same and to handle all the requirements and conditions necessary to complete the transaction. Passed this 9th day of July, 2001. Motion by: Szurek Seconded by: Williams Roll Call: Ayes - Williams, Szurek, Wyckoff, Peterson Nay - Nawrocki Motion Carded. Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk 2) First Reading of Ordinance No. 1430, being an Ordinance Authorizing the Conveyance of Certain Real Estate located at 4401 Quincy Street NE in the City of Columbia Heights. MOTION by Szurek, second by Williams, to waive the Reading of Ordinance No. 1430, there being ample copies available to the Public. Upon vote: Williams - aye, Szurek - aye, Wyckoff- aye, Nawrocki - aye, Peterson - aye. All ayes, Motion carried. MOTION by Szurek, second by Williams, to establish July 23, 2001 as the Second Reading of Ordinance 1430, being an Ordinance Authorizing the Conveyance of Certain Real Estate located at 4401 Quincy Street NE. in the City of Columbia Heights. Upon vote: Williams - aye, Szurek - aye, Wyckoff- nay, Nawrocki - nay, Peterson - aye. 3 ayes, 2 nays, Motion carried. Wyckoff encouraged residents with concerns to attend the second reading of the Ordinance at the next Council meeting. Mona Strom, 4247 7th Street, stated there are two new Habitat homes near her home that are very disruptive to the neighborhood, and that Habitat does not take into consideration what this does to a neighborhood. She stated the agreement for the home next to them was that the fence would be 12 inches from her driveway; they have starting placing the fence right next to their driveway. The reason for the fence was that the Habitat home doorway faced right onto the neighbor's driveway, which is a dangerous situation if children run out of the home while someone backs out of the driveway. Fehst stated that because of this situation, there is request for future designs to be reviewed by the City. Fehst indicated the only relevant Police matter was regarding uncut grass. Ryan Karis, Development Director for Habitat for Humanity, stated that neighbors next to construction sites are instructed to contact Habitat staff with any concerns. Peterson stated that the Quincy address would be a unique opportunity to build something new and appealing. Karis indicated there are public meetings held for projects on public property, and that the homes on 7th were private purchases. City Council Agenda July 9, 2001 Page 7 of 9 Wyckoff stated that a resident on Polk Street indicated they would have purchased this property. Karis stated that Habitat has suffered three years of set backs from not receiving HOME funds. Williams encourage residents to be pro-active instead of reactive, and directly address a neighbor with inquiries about a purchase. ORDINANCE No. 1430 BEING AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 4401 QUINCY STREET N.E. IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Section 1: Authorization of Sale of Real Estate. The City of Columbia Heights shall sell and convey unto Twin Cities Habitat For Humanity the real property described as follows, to wit: Lots 16, 17, and the South one half of Lot 18, Block 11, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. PIN 35 30 24 11 0054 Section 2: The Mayor and City Manager are herewith authorized to execute the quit claim deed to effectuate the conveyance of said real estate for carrying out the terms of the SALE AND DEVELOPMENT AGREEMENT and of this ordinance. Section 3: This sale must meet all State and Federal Home Grant requirements prior to closing. Section 4: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: July 9, 2001 3) First Reading of Ordinance No. 1431, being an Ordinance Setting the Sale Date for the Issuance of $2,785,000 General Obligation Tax Increment Refunding Bonds, Series 200lA. Removed to next meeting. REMOVED FROM THE AGENDA. C) Bid Considerations ADMINISTRATIVE REPORTS A) Report of the City Manager Fehst listed items for discussion at the July 17, 2001 Council Work Session: · Ordinance regarding parking on landscaped areas · Ordinance regarding non-moving violations · Ordinance regarding disposition of unclaimed property · Seeking bids - sewer pipe lining · University Avenue sound wall - final plans · Sanitary sewer work - Jackson pond · HRA/EDA transition · Possible restructuring of Community Development, Finance and Fire Departments · Service to look at street conditions in Zone 7 · Permission to sell vehicles by sealed bid B) Report of the City Attorney GENERAL COUNCIL COMMUNICATIONS A) Minutes of Boards and Commissions 1) Meeting of the June 21, 2001, Telecommunications Commission 2) Meeting of the May 15, 2001, Economic Development Authority City Council Agenda July 9, 2001 Page 8 of 9 3) Meeting of the June 27, 2001, Park and Recreation Commission CITIZENS FORUM Karen Smith, Administrator of Little Voyageurs' Montessori School, Inc., 1515 44 Avenue, clarified informed given at the June 11th Council meeting about their organization. She gave the 32-year history of the school and stated that at the end of March Crest View gave notice to not renew their lease. She spoke of their past and current affiliation with St. Timothy's Church and their continued commitment to the community. St. Timothy's will allow Little Voyageurs to use space in their facility until they find a permanent location. Smith questioned placing a Council member on the Board for "Free to Be", the group replacing them at Crest View. Nawrocki stated the group asked for a Council representative on their Board. Szurek praised the Little Voyageurs for everything they have done for the community and discussed options for a new permanent location. Smith wanted the public to know the school is not leaving the area. COUNCIL CORNER Williams read from a resident's newsletter, the "Vi Tabulation ". Fehst stated she is a past Citizen of the Year. Wyckoff thanked Mayor Peterson for supplying the vehicles that Councilmembers and Employees of the Year rode during the Jamboree parade. Wyckoff stated that the article in the Focus News on historic preservation generated a lot of phone calls, and she stated that applications are available at City Hall and the Library. A planning meeting is scheduled for September. Fehst indicated the Highlander Drive-in has requested a block park. in conjunction with National Night Out. Fehst stated that the store manager of Rainbow Foods plans to develop a little mini-mall in the area facing Central. They are also looking at adding planters and trees, and staff has asked them to look at making the retaining wall more visually appealing. Nawrocki questioned the owner of our liquor store building. Fehst stated the owner is Heritage. Nawrocki protested the setting of a special meeting with out consulting Councilmembers about the time. Fehst stated he attempted to contact all Councilmembers, and it is common practice to hold Executive Sessions prior to a regular Council meeting. Nawrocki indicated the agenda should state who is calling the meeting. Nawrocki questioned the signage on the Casting Theatre. Fehst stated the City Planner has been asked to write a report on this. Nawrocki stated the City Council meeting and Executive Session agendas were not posted on cable or the Internet. Williams stated citizens have asked him about outside storage, and that six items of debris on Circle Terrace were not picked up, as they had not been called in. He encouraged neighbors to call in for pickups of obvious debris for removal. Nawrocki stated that big items require a special truck. Szurek reported on her trip aboard the maiden voyage of the newest U.S. Air Craft Carrier. She gave a brief history of this event and her relation to the Captain of the new carrier. Szurck also stated that she met the youngest winner of the Metal of Honor. Peterson indicated his pride that his son applied to volunteer his time to service on a City Commission. He stated that we should encourage the involvement of all residents. City Council Agenda July 9, 2001 Page 9 of 9 ADJOURNMENT Mayor Peterson adjourned the meeting at 9:05 p.m. Patricia Muscovitz, Deputy City Clerk COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: July 23, 2001 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 4A2 CITY MANAGER' S APPROVAL ITEM: Establish Work Session Meeting BY: W. Fehst BY: ~//~t~ Dates for August, 2001 DATE: July 17, 2001 DATE: NO: It is recommended that a Work Session meeting be scheduled for Monday, August 6, 2001 beginning at 7:00 p.m. It is recommended that a Work Session meeting be scheduled for Monday, August 20, 2001 beginning at 7:00 p.m. RECOMMENDED MOTION: Move to establish Work Session meeting dates for Monday, August 6, 2001 beginning at 7:00 p.m. and Monday, August 20, 2001 beginning at 7:00 p.m. COUNCIL ACTION: CItY COUNCIL LETTER Meeting of July 23, 2001 f~ ORIGINATING DEPARTMENT CITY MANAGER AGENDA SECTION: LI ' 3 NO. - POLICE ~ APPROVAaL:j / ITENI: Authorization to dispose of Surplus City BY: Thomas M. Johnsoqd~ BY: ~,5~t'~ NO Vehicles and/or Forfeiture Vehicles DATE: July 12, 2001 ~' v DATE: ~ ' ~ BACKGROUND Each year the City has vehicles that are no longer needed in the fleet or have been replaced by other vehicles. Also, since approximately 1998, the Police Department has used State driving while intoxicated forfeiture statutes to seize some vehicles. With this in mind, the City has in the past auctioned the surplus vehicles and/or forfeiture vehicles. In 2000 we used the Hennepin County, auction for several cars. The issue with this format is that we must insure the cars to drive them to Medina to be auctioned, we would have to license all of the forfeiture cars, and we must supply one person or two people--depending upon how many cars we have--to assist with the auction. ANALYSIS/CONCLUSION For the year 2001, the Public Works Depart~ent and the Police Deparm~ent met and discussed alternative methods of disposing of these vehicles. We looked into the Hennepin County auction, which requires that we have a person at the auction to assist and charges 10 per cent for each vehicle auctioned. We also looked into the City of Minneapolis auction and they are no longer interested in auctioning cars for suburbs. We also looked into John Carlson Auctions in Isanti County., which the City has used in the past. The cost here is 10 per cent, but once again we would have to insure all of the vel~icles to drive them out there and we would have to license ali of the forfeiture cars. We have also discussed a fourth option, and that would be selling the cars via sealed bids. It is recommended by both divisions that we try the sealed bid method for the eleven (11) forfeiture cars and four City vehicles we have to dispose of in 2001. FORFEITURE VEHICLES 1991 Toyota 1982 Chevrolet 1986 Buick 1986 Isuzu 1988 Buick 1992 Chevrolet 1984 Ford 1990 Oldsmobile 1994 Saturn 1995 Chevrolet 1994 Ford 4T1SV22E4MU446547 1GCBSI4A6C2176426 1 G4AH27XOG6487540 JAABL14A3G0744296 1G4AH51R.XJT426376 1GILV1347NY276146 1FABP22ROEK272111 1G31-YN54C2LH327379 1GSZG5596RZ207342 1GCCSi94XS8248604 1FTCR10A5RPB75687 CITY VEHICLES Mileage approx. 70,000 Mileage approx. 98,000 Mileage approx. 70,000 Mileage approx. 40,000 1995 Ford Crown Victoria 1983 Ford Fl50 Pickup 1996 Ford Crown Victuna 1989 Dodge Omm 2FALP71WSSX156186 1FTDF15Y9DPA32611 2FALP71WSTXI28749 1B3BL18D1KC480047 RECOMMENDED MOTION: Move to authorize the sale, salvage, or disposal of the attached listing of surplus City. vehicles by sealed bid. Dates for viewing and deadline to receive bids to be determmed and published by the Police Department in the Focus Newspaper, the League of Minnesota Cities Newsletter, the City's cable TV channel, and on the City's web site. TMJ:mld 01-121 COUNCIL ACTION: COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: July 23, 2001 AGENDA SECTION:/x ,, ORIGINATING DEPARTMENT: CITY MANAGERS NO: L{_/.\_ut CITY MANAGER APPROVAI;, ITEM: Authorize professional services of BY: Walt F ehst BY: McComb Group Ltd. to conduct an DATE: July 17, 2001 DATE: evaluation and market analysis of retail areas in Columbia Heights. NO: Background: At the June 18, 2001 City Council work session, discussion was held regarding the proposal by McComb Group, Ltd to conduct an evaluation and do a market analysis of our retail areas. The focus of this analysis will be the area in the vicinity of Central Avenue between 37~ and 45~ Avenues. Other retail uses along Central Avenue between Fourth Avenue and 1-694 will also be evaluated to determine the scope and character of retail establishments in the area. The objectives for this analysis would include evaluating physical characteristics of Columbia Heights retail area and identify changes to improve how the area looks and functions and to identify retail and service uses suitable for Columbia Heights that would compliment other stores in the market area. Recommended Motion: Move to authorize the Mayor and City Manager to enter into an agreement for the professional services of McComb Group Ltd. to conduct an evaluation and market analysis of retail areas in the City of Columbia Heights at a cost not to exceed $17,700, based on their proposal dated June 27, 2001. COUNCIL ACTION: FROM : McComb Group, Ltd. PHONE NO. : 6125385572 Jul, 15 2001 03:09AM P2 McCOMB GROUP,, Ltd. Revised July 18, 2001 Mr, Walter R. Fehst, City Manager CITY OF COLUMBIA HEIGHTS 590 - 40t~ Avenue NE Columbia Heights, Minnesota 55421 Dear Mr. Fehst: In response to your request, we have prepared a work program to conduct an evaluation and market analysis of retail areas in Columbia Heights. The focus of this analysis will be the area in the vicinity of Central Avenue between 37~h and 45~h Avenues. Other retail uses along Central Avenue between Fourth Avenue and 1-694 will also be evaluated to determine the scope and character of retail establishments in the area. Objectives for this analysis includc lhe following: · Evaluate physical characteristics of Columbia Heights retail area and identify changes to improve how the area looks and functions. · Identify retail and service uses suitable for Columbia Hcights that would complement other stores in the market area. Thc objective of this engagement is to identify actions that will position Central Avenue as an attractive location for retail and service uses. WORK PROGRAM The work program outlined below is designed to fulfill the above objectives. Specific work tasks are summarized. · Central Avenue Evaluation Central Avenue and environs will be inspected to evaluate its physical characteristics, design, relationship of uses, and physical condition. Factors to be studied include, but are not limited to: tenant mix, location, size, access, ingress and egress, vehicular traffic patterns, and relationship to other commercial and residential uses in the area. Business Interviews Owners or manago's of retail establishments located in Columbia Heights will be interviewed to determine where ~heir customers come from and their impressions of the area's retail s~'engths and weaknesses. 3001Hennepin Avenue South Suite30lB Minneapolis, Minnc.~ta 55408 * (612) 339-7000 Fax: (612) 338-5572 FROM : McComb Gcoup, Ltd. PHONt~ NO. : 6123385572 Jul. 15 2001 03:09AM P3 Mr. Walter R. Fehst July 18, 2001 Page 2 Competitive Centers Evaluation Competitive shopping centers and retail clusters serving the market area will be inspected and evaluated to determine competitive impacts on Columbia Heights. Principal competitors will be identified and evaluated for tenant mix, retail GLA, and anchor stores. Future retail developments that will affect either Columbia Heights or ils retail trade area will be identified. To the extent possible, the impact of new competitive retail development will be identified. Customer Survey Selected businesses along Central Avenue will bc asked to participate in e survey of thch' customers to determine whcre their customers live and work. This information will be used to identify a trade area for Columbia Heights. The survcy is designed to be executed by employees of each firm as customers pay for tbeir goods or services. The budget assumes ten to twelve business participants, Trade Area Analysis Based on business interviews and consumer research, thc trade area for downtown Columbia Heights will be delineated. The economy of thc trade area will be analyzed to identify and quantify those factors that generate support for retail establishments. This analysis will include demographics of thc trade area including population, households, age distribution, income levels, employment, and other pertinent data using the latest census information and updated estimates. Trade area population and households will be adjusted to reflect the recently released 2000 Census data. Daytime population of thc employment trade area will be identified by industry group and occupation, and payroll. Retail purchasing power available within the trade area will be estimated by major merchandise category for a ten-year period to determine future trends in retail spending. Columbia Heights Competitive Position Information obtained from the previous task will be utilized to evaluate Columbia Heights' competitive position and its ability to compete effectively with other shopping areas and withstand the impact of future competitive retail developments. · Retail Sales Potential Future retail sales potential for the study area will be cstimated taking into consideration competitive impacts, trade area demographics, purchasing power, and recommended renovation and/or remerchandising of retail and service establishmems. Based on analysis of purchasing power, competitive shopping centers, and current retail trends, future retail sales potential for the study area will be estimated by store type. FROM : McComb Group, Ltd. PHONE NO. : 6123385572 Jul. 15 2881 03:10RM P4 Mr. Walter R. Fehst July 18, 2001 Page 3 Redevelopment and Remerchaudising Recommendations Based on the foregoing analysis, recommendations for renovation and redevelopment will be prepared. This task will focus on all potential uses and will include addr~sing future use of other commercial parcels in the area. Thc result~ of our work will be documented in a final report designed to meet client needs. The report will contain appropriate 8~aphics and explanations of our principal findings, conclusions, and recommendations. MEETINGS Three meetings are planned during the course of the evaluation to keep the client informed of our progress and findings. These meetings include the following: Start-Up Meeting will be held at the beginning of the engagement to define the study area, finalize researeb objectives for the engagement and obtain client-provided information. Work Session will be held to review trade area analysis, competitive evaluation, customer survey results, retail sales analysis, competitive position, and preliminary findings and reconunendations. Report Meeting to discuss results of all work tasks and recommendations. This meeting will cover all aspects of thc research program. The budget provides for three client meetings as described above and up to three additional meetings without charge. Additional meetings will be billed at our normal hourly rates plus expenses. SCHEDULE Work tasks described in this proposal can be completed within a three-month per~od. A preliminary report will be provided at that time, a final report will be completed within ten days following receipt of eliant comments on the draft report. Ten copies of the report will be provided to the cliem. ADDITIONAL SERVICES Following completion of the above report, Columbia Heights may wish to utilize the following services. · Marketing Brochure Results of the previous research will be summarized in a marketing brochure that highlights trade area characteristics using photographs, maps, and descriptive text. The objective is to produce an easily readable document that relies primarily on color maps and graphics to convey the demographic strengths to the Columbia Heights trade area. FROM : Mc£omb Group, Ltd. PHONE NO. : 6123385572 Jul. 15 2001 03:llaM P5 Mr. Walter R. Fehst July 18,2001 Page 4 This brochure will take the reader on a visual tour of the Columbia Heights area and will contain a map and driving mute. Individual pages will feature segments of the driving tour with color photographs of homes, parks, and oth~ positive features key to specific locations along the driving route. Important demographic characteristics will be display~l in color graphics. Development Consulting McComb Group personnel will be available to provide Columbia Heights with development consulting, as needed. Services could include assisting with developer and retailer solicitations and other issues related to development. The scope and budget for these additional services can be determined following completion of the initial work tasks. QUALIFICATIONS AND EXPERIENCE McComb Group, Ltd. is a full-service ~,ail and real estate consulting finn specializing in market research and financial feasibility. The finn has extensive experience in thc retail industry and has conducted market research for retail stores and shopping centers of all types inclnding regional malls, community centers and specialty centers. McComb Group, Ltd. has a team that is qualified to conduct the reseat'ch described in this proposal. McComb Group's professional staff associated with this engagement include the following: James B. McComb, President, founded thc predecessor of McComb Group in 1974 following six years as a member of the corporate stall' with Dayton Hudson Corporation. His expe~rienccs at Dayton Hudson and daily association with merchants and shopping center developers provided the impetus for McComb Group's approach to shopping cente~ and retail market research and financial feasibility, which includes strong elemcnts of design and merchandise sensitivities. 'I'ne finn's approach to shopping center research and marketing has undergone continuous development and refinement over the past 20 years. Mr. Gan'eR S. Trapnell, Associate, conducts demographic and consumer reseamh, trade area studies, and evaluates competitive developments. He also manages and is responsible for updating the firm's databases and digital information systems. Mr. Trapnell directs and analyzes McComb Group consumer survcy engagements. This process includes the creation of survey instruments, data input, data aggregation as well as final cross-tabulations and output. Mr. Trapnell holds a B.A. degree from the University of Minnesota in Geography. He is a skilled cartographer, producing McComb Group's digital and hard copy maps. Mr. Trapnell has planning and zoning consulting experience in the public and private sectors. FROM : McComb Group, Ltd. PHONE NO. ~ 6123385572 Jul. 15 2001 03:llAM P6 Mr. Walter R. Fehst July 18,2001 Page 5 His knowledge and experience contribute to our demographic and spatial analyses using the McComb Group's national demographic database and geographic information system. Mr. McComb will be responsible for managing and directing the overall research program and will participate directly in findings and conclusions. Individual work tasks will bc assigned to personnel within the firm based on qualifications and experience. BUDGET The professional fees for the services and expenses outlined in this proposal total $17,700 and will be performed at a price not-to-exceed that amount. The budget is based on the amount of time required to perform the work tasks and our normal hourly billing rates of $220 for principals, $110 for senior associates, $90 for associates, and $65-$85 for consultants. Company policy requires a retainer of approximately one-quarter the budget for the project or $4,400. The retainer will be applied to the final invoice as a credit for billing of professional services and expenses. Invoices for professional services and expenses will be rendered at mid- month and month-end as our work progresses. Standard billing terms are net ten days. A finance charge of 15 percent will be charged on all unpaid balances outstanding more than 30 days. REPORT PURPOSE This proposal was prepared with the understanding that the results of our work will be used by the client to evaluate retail potential in the study area and may be shared with retailers, developers, lenders and other investors. Our report will be prepared for that purpose and will be subject to the following qualifications: · Our analysis will not ascetlain the legal and regulatory requirements applicable to this project, including zoning, other state and local government regulations, permits and licenses. No effort will be made to d~termine the possible effect on the proposed project of present or future federal, state or local legislation, or any environmental or ecological matters. · Our report and analysis will be based on estimates, assumptions and other information developed from research of the market, knowledge of the industry and discussions with the client. Some assumptions inevitably will not materialize and unanticipated events and circumstances may occur; therefore, actual results achieved will vary fi.om the analysis. · Our analysis will not evaluate management's effectiveness or be responsible for future marketing efforts and other management actions upon which actual results are dependent. · Our report will be intended solely for the purpose described above and should not be used for any other purpose without our prior written permission. Permission for other use of the report will be granted only upon meeting company standards for the proposed use. FROM : McComb Group, Ltd. PHONE NO, : B123385572 Jul. 15 2001 03:12RM P7 Mr. Walter R. Fchsl July I8,2001 Page 6 These qualifications will be included in our final report. If the report is used for purposes other than specified above, we reserve the right to review the materials for proper use of our work. ACCEPTANCE PROCEDURES To indicate acceptance of the proposal, please sign a copy of the proposal and remm it to us together with your check for the retainer as authorization to proceed with this engagement. We appreciate the opportunity to submit this proposal and look forward to heanng from you soon. If you have any questions concerning the proposal, please call me at (612) 339-7000. Accepted By: Company: Title: Date: McComb Group, Ltd. Jan ~~cComb CITY COUNCIL LETTER Meeting off 7/23/01 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: ~ ~/~ PUBLIC WORKS~ ~~ ITEM: AUTHORIZATION TO SEEK BIDS FOR 2001 BY: K. Hansentl~ BY: SEWER PIPE LINING DATE: 7/17/01 ~ DATE: /[, v , Background: Public Works annually budgets $$0,000 for pipe lining to address pipe deficiencies. Through thc sewer linc televising program, utility crews televise and inspect 16,000 feet a year. From these reports, a detcrminatinn is made on pipe conditions. Along with a history of plugged sewers and/or backups, a determination is made for which pipe segments would benefit from pipe lining. Analysis & Conclusions: Two segments of pipe are recommended for pipe lining in 2001: 1. 1,170 feet of 8" VCP clay tile on 3~a Street, from 42nd to 44th Avenues, is recommended for lining. Inspection reports have identified cracked pipe, significant tree root intrusion and infiltration. There is also a long history of plugged sewers in this area. Lining will restore pipe integrity and eliminate root intrusion nnd infiltration at the joints. 2. 160 feet of 48 CMP on 40th Avenue, west of McKinley Street, and north along a residential easement to the rear line. In the April 2001 Storm water Engineering Study it was recommended to replace the existing CMP piping with a smooth wall interior. Due to its location between existing homes, staffis recommending to line this portion of the pipe to improve hydraulics and flow. Lining will restore pipe integrity and eliminate root inlmsion and infiltration at the joints. Recommended Motion: Move to authorize staff to seek bids for the 2001 sewer pipe lining. rd~:jb COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 7/23/01 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER No: b ~ 4 PUBLIC WORKS ITEM: AUTHORIZATION OR PROFESSIONAL BY: K. Hansen s ~,..~,w~.., SERFVICES FOR BRAUN INTERTEC TO CONDUCT DATE: 7/17/0 I~_____~.-- DATE: ROAD RATER TESTING ON ZONE 7 CITY STREETS ./ Background: Staff has contacted Braun Intertec Corp. Inc. and obtained a quote for performing a visual and mechanical condition survey of the existing streets in Zone 7 with a Road Rater. This is a continuation of similar rating work done in the other zones and concludes the testing of local City streets. Zone 7 is the area between California Street and University Avenue from 37'~ Avenue to 452 Avenue and between University Avenue Service Road and Central Avenue from 37th Avenue to 40t~ Avenue. Zone 7 is scheduled for construction in 2003. Analysis and Conclusions: The report from Braun will provide strength analysis and maintenance recommendations for the streets. Zone 7 has approximately 10 miles of local and MSA streets. The quoted cost is as follows: $1,050.00/mile plus mobilization for an estimated cost of $11,000.00. Recommended Motion: Move to authorize Braun Intertec Corp. Inc. to conduct Road Rater Testing on Zone 7 streets, excluding C.S.A.H. for $1,050.00/mile plus mobilization for a total cost not to exceed $11,000. KH:jb COUNCIL ACTION: BRAUN' INTERTEC Braun Intertec Corporation 6801 Washington Avenue South Minneapolis, Minnesota 55439-J500 952-941-5600 Fax: 94141S 1 the Built and No, rural Environments~ June 19, 2001 Ms. Kathy Young City of Columbia Heights City Engineer 637 38th Avenue NE Columbia Heights, MN 55421-3806 RECEIVED PUBLIC WORKS Dear Ms. Young: Re: Proposal for Deflection Testing on City Roads Our apologies for thc miscommunication of our documents sent with the original proposal. As relayed to you verbally with Moses Abu on June 19, 2001, there was an error in the Scope of Services that was sent. Please disregard the old Scope of Services and replace it with the enclosed Scope of Services. Thank you for your patience and understanding in this matter. If you have any questions or if we may be of fi~rthcr assistance, please contact Chunhua Han at (952) 946-6110. Sincerely, Braun Intertec Corporation Chunhua Han, Ph.D., PE Associate Principal Attachment: Scope of Services G:'LWPFILES 01 PROP\N DTO t/crrYo 1 ,,Colulnhgl.do¢ ckksb Ms. Kathy Young City of Columbia Heights July 7, 2000 Page 1 Braun Intertec 1. proposes~o provide the City Columbia Heights with the following: Nondestructive deflection testing will be conducted at 200-foot intervals in both travel directions on tho roads selected by the City of Columbia Heights. Thc testing will be staggered yielding a 100-foot interval. Analysis of all data to determine recommended spring axle load limits, effective subgrade soil strength and recommended overlay thickness or improvement design thickness. Two copies of the report will be furnished to the City of Columbia Heights. The report will include: description of the work performed; table summarizing information reported by City; table summarizing results of the testing; analysis and recommendations as requested; copies of the field data with analysis results; and profile plots of thc analysis results. Items to be provided by the City of Columbia Heights on the attached Data Analysis Form: Sections to test including beginning and ending termini, an~d a map highlighting the sections. 2. Pavement structure (as built) and subgrade soil type. 3. Traffic volumes includin.~ any infom~atioo on the truck traffic. 4. Date or' surfacing or last overlay. 5. Current spring axle load restrictions. Thc proposed basis for the work described in the Scope of Services will be on a per-mile basis. Thc rate for this work is $1050 per mile plus mobilization at $163 pcr hour. Please sign and return this agreement to Braun Intertec Corporation. Receipt of thc letter will serve as our authorization to proceed. Invoices sball be submitted on a montbly basis with payment due within ~ 0 da> s of ~n~ mcc date as noted on the enclosed General Conditions. Authorized by: Braun lntertec Corporation Chunhua Hah, Ph.D., P.E. A~sociate Principal Accepted by: City of Columbia Heights By: Date: CITY COUNCIL LETTER Meeting of_ 7/23/01 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER ITEM: APPROVE AMENDMENT NO. 3 TO THE Hansen~ ~.~.el..~ ' PROFESSIONAL SERVICES AGREEMENT WITH BRW DATE: 7/19/J},.1-'~.~ ~ DATE: FOR CENTRAL AVENUE STREET, UTILYI~ AND · STREETSCAPING DESIGN Background: The City Council previously awarded the final design services for Central Avenue Street and Utility Improvements to BRW at their February 28, 2000 regular meeting. The final design work, as identified in the Engineering Study, includes utilities: water main, sanitary sewer and storm sewer; and street reconstruction which includes center medians, concrete curb and gutter, pavement and sidewalks. The initial estimated cost of the work was $850,000 for utilities and $1,745,000 for street improvements. On October 9, 2000, the Council authorized thc final design of streetscaping by BRW with an estimated improvement cost of $760,000. Analysis/Conclusions: Design work is complete on the street and utility plans for the Central Avenue Street Rehabilitation project, from 3Th to 43ra Avenues, and was submitted this spring to MnDOT State-Aid for their review process. Work has also been continuing on coordination with the City of Miuneapolis for alignment at 37t~ Avenue, searching for additional project funding, and additional design issues, from MnDOT or from City staff. Additional work tasks have been identified with associated consultant costs that are outside the scope of the original professional services agreement dated January 10, 2000 and amended September 14, 2000 for the inclusion of streetscape design. An outline of each work task and associated cost is provided below: Additional consultant services: 1. Coordination with the City of Minneapolis (intersection geometry and project staging) $7,620 2. City meeting attendance (project updates) $1,910 3. Storm sewer analysis, north of 41st Avenue $3,640 4. Pavement design issues with MnDOT $1,890 5. MnDOT required plan revisions $28.100 Additional services performed to date: $43,160 Additional services necessary to complete bidding phase: a) Coordination with other jurisdictions (MnDOT and City of Miuneapolis) $12,180 b) Additional funding / financing plan assistance $8,000 C) Final storm plan preparation (41't to 43rd) $19.610 Additional services to bidding phase: $39,790 A copy of the proposal letter for the outlined contract amendments to BRW's design services is attached detailing the scope of work for each item. The additional cost of $82,950 for a revised contract amount of $348,050 represents 8.10 percent of the current engineer's estimate of the improvement cost of $3,591,000. The additional work has resulted from either MnDOT final plan reviews (for cooperafive agreements), complex coordination issues or staff requested changes or additions. Engineering design fees typically range in the area of 6-8 percent of the construction cost. For cooperative projects, it is not unusual for design fees to be in the 8-9 percent range due to additional MnDOT requirements. Public Works staff is of the opinion that the additional work is necessary for the Central Avenue project and recommends approval of the change order in the amount of $82,950. Recommended Motion: Move to authorize Amendment No. 3 in the amount of $82,950 to BRW for Central Avenue Street, Utility and Streetscaping from 37~h to 43rd Avenues as detailed in the attached proposal letter dated July 10, 2001 for a revised professional services agreement of $348,100; and, authorize the Mayor and City Manager to amend the agreement for the same. KH:jb Attachment: BRW Proposal Letter dated July 10, 2001 COUNCIL ACTION: July 10, 2001 Mr. Kevin Hansen, PE Public Works Director\ City Engineer City of Columbia Heights 637 - 38th Avenue N.E. Columbia Heights, MN 55421 Proposal for Additional Final Design Services Central Avenue (TH 65) Improvement Project City Project No. 99-12 Dear Mr. Hansen: The following supplemental proposal is offered for your consideration for additional final design phase services for the above-referenced project. The additional services have been specifically requested by City staff or have been required by MnDOT. The additional services are outside of the scope of work included in our original Professional Services Agreement and previous supplemental proposals for the project. SCOPE OF WORK URS/BRW has provided additional final design phase services related for the project. These items were previously discussed with City staff as the issues arose. The previously provided services are as follows: 1. Minneapolis Coordination URS prepared for and attended two meetings with MnDOT and two meetings with Minneapolis to attempt to coordinate the work at the intersection of 37~ Avenue. We also prepared several layouts for MnDOT review to determine the best geometry at the intersection. This issue has not yet been resolved. Our understanding is that MnDOT is assuming a larger role in assisting Minneapolis at this time. To date, we have incurred approximately $7,620 in fees for meetings, alternative layouts, and construction sequencing to resolve multi-jurisdictional issues for this intersection. 2. Council Work Sessions/Meetings URS attended three additional work sessions and/or City Council meetings for the project. This was required to update the Council on the progress of the project. The costs for meeting preparation and attendance were $1,910. Thresher Square 700 Third Street South Minneapolis, MN 55415-1199 612.370.0700 Tel 612.370.1378 Fax Mr. Kevin Hansen July 10, 2001 Page 2 3. Storm Sewer Analysis LrRS provided review and analysis of the storm sewer system originally prepared in schematic format by the City. The information was reviewed and discussed with MnDOT. The fees associated with this item were $3,640. 4. Pavement Design Issues URS has had on-going communications and correspondence with MnDOT related to the pavement design for the project. We have met with MnDOT twice to further discuss the pavement issues. The additional fees to date for this item are $1,890. 5. Plan Preparation Issues Through the course of the project, MnDOT has required more detailed design than is typically required on a State Aid plan set. Our original proposal assumed a total of 60 plan sheets. There are currently 136 plan sheets for the project. Of this amount, 10 relate to the University Avenue Internally Lit Sign project and 17 are related to landscaping. The remaining plan sheet total reflects the level of effort MnDOT is requiring for this project. Additional plan sheets were required for traffic control, signal systems, alignments, details, state-aid payment request forms, detail tabulations, and signage and striping plans. The fees associated with the additional detail are estimated at $28,100. In addition to the above listed previously performed tasks, URS has identified several tasks remaining to complete the project. The tasks and estimated fees are presented below: 1. Coordination We anticipate that significant coordination will be required to allow for fall bidding of the project. We estimate that four meetings for Right of Way, two meetings for pavement design, four meetings with MnDOT Cooperative Agreements, four meetings with Minneapolis and four meetings with the City will be required to complete the project. We will prepare the required graphics and lead the meetings with all agencies. We estimate that the additional meetings will cost approximately $12,180. We will attempt to coordinate the meetings to cover multiple topics, however, we anticipate that the meetings listed above are a fair representation of the level of effort required to allow the project to move forward. Ma'. Kevin Hansen July 10, 2001 Page 3 2. Fundin~dFinancing We anticipate that the City will require assistance in developing a final fund/financing plan for the project. At this time, we are of the understanding that funding is a major issue for the project. We will work with City staff to review funding alternatives and additional funding resources to allow the project to be completed. We have allotted $8,000 to assist the City with project funding. 3. Storm Sewer Design The City has requested that additional storm sewer design be performed for the project. We have estimated that the construction cost associated with the storm sewer improvements will be approximately $250,000. We estimate that the additional services will result in $19,610 in additional fees. Our proposed fees assume that the drainage report and system design will be completed by Columbia Heights staff. We will review the design prepared by Columbia Heights, review the drainage report and computations, provide feedback to the City as required, complete the drainage plans based upon the City's design, submit the documents to MnDOT and attend follow-up meetings with MnDOT and City staff. 4. Signal Design at 37th Avenue We are anticipating that a fully actuated signal system will be designed for the intersection of Central Avenue and 37th Avenue. A separate cooperative agreement with the City of Minneapolis will be required which will address cost sharing, design and construction responsibilities for this intersection. We have not included costs to design the signal system at this time, however, this may be an issue as coordination with Minneapolis continues. ESTIMATED COSTS BRW will perform these additional services on an hourly basis consistent with our Professional Services Agreement. The following is a summary of the estimated costs to complete the work tasks detailed above. Current Not-to-Exceed Amount Additional Services (Previously Performed) Additional Services (Required to Complete the Project) Revised Not-to-Exceed Amount $265,100 $ 43,160 $ 39,790 $348,050 Mr. Kevin Hansen July 10, 2001 Page 4 The total revised not-to-exceed cost for the design phase cost for this project is, therefore, $348,050 including the additional services detailed in this supplemental proposal. Consistent with our Professional Services Agreement, labor will be billed on an hourly basis using our Standard Rate Schedule and reimbursable expenses will be billed to the City at cost with no URS/BRW markup. Two original copies of this proposal are enclosed. If the proposal is acceptable, please execute both copies on the signature blocks provided below and retum one copy to us for our records. Please let me know if you have any questions or you need any additional information. Sincerely, BRW, Inc. Vice President APPROVED BY: CITY OF COLUMBIA HEIGHTS Name Name Title Title Signature Signature Date Date CC: Kevin Kielb/BRW Kim Schaffer/BRW File 33910 004 1001 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting off July 23, 2001 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGERS NO: ~- ~' ~ CITY MANAGER APPROVAL ITEM: Ordinance No. 1431,Refunding BY: BY: ~"~ Bonds, Series 200lA. DATE: July 19, 2001 DATE: NO: Background: Attached please find a letter from Stephen Bubul, Attorney with Kennedy and Graven Chartered, detailing why the City is unable at this time to issue bonds to refund the Series 1990 Bonds. Recommended Motion: Move to indefinitely table the reading of Ordinance No. 1431 COUNCIL ACTION: CHARTERED 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax http://www, kennedy-graven.com STEPHEN J. BUBUL Attorney at Law Direct Dial (612) 337-9228 Email: sbubul~kennedy-graven .eom July 16, 2001 Walt Fehst City Manager City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55421 Refunding of $2,399,720.75 General Obligation Capital Appreciation Bonds of 1990 ("Series 1990 Bonds") Dear Walt: For your records, 'i thought I would explain the reason why the City is unable at this time to issue bonds to refund the Series 1990 Bonds described above. The Series 1990 Bonds were issued in Ahgust, 1990. The proceeds were used to refund $2,400,000 Tax Increment Revenue Bonds, Series 1990 that were issued by the Housing and Redevelopment Authority in March, 1990. The original HRA bonds were (and the Series 1990 Bonds are) secured by the City's two tax increment financing districts created before August 1, 1979. Legislation adopted in the late 1980's imposed limitations on the ability to spend tax increment revenues from so-called "pre-1979 districts." The key limitation was that, after April 1, 2001, revenues from these districts may only be used to pay d~ot service on bonds issued before April t, 1990, or bonds issued to refuna sucl~ bonds "provided the average maturity of the refunding bonds does not exceed the bonds refunded." Minnesota Statues, Section 469.176, subd. lc. In this case, the Series 1990 Bonds are "capital appreciation bonds," with a declining principal balance. Almost any proposed structure to refund those bonds will move principal payments into later years. Therefore, the average maturity of the proposed refunding would exceed the average maturity of the outstanding Series 1990 Bonds. (This occurs even though the overall term is not being extended past 2009, when the TIF districts terminate.) As I mentioned to you, this result does not make much policy sense, as the City is prevented from achieving debt service savings. When the rule was adopted in the late 1980's, the purpose was to prevent refundings that push maturities toward the later years, thus freeing up tax increments from pre-1979 districts to spend on other activities before the April 1, 2001 deadline. However, now that the April 1, 2001 deadline has passed, cities should be permitted in fact encouraged--to issue any SJB-200314v 1 CL162-21 Walt Fehst July 16, 2001 Page 2 of 2 refunding bonds that reduce debt service payments. I will raise the issue with the Minnesota Institute of Public Finance, of which our finn is a member, as an item for the legislative agenda in next year's session. If the average maturity limit is removed, the City could evaluate the potential for refunding the Series 1990 bonds next year. I hope this letter explains the problem. If you have further questions, please let me know. yours, Stephen J. Bubul SJB/par cc: Dan Hartman Bill Elrite Dan Greensweig CITY COUNCIL LETTER Meeting of: 7/23/01 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PuB, ic wo s ITEM: AUTHORIZATION TO INSTALL "30 MINUTE" BY: K. Hansen ~ PARKING SIGNS IN FRONT OF 4024 AND 4028 DATE: 7/17/01 ~~-'~ DATE: CENTRAL AVENUE Background: A request was received from the owner of Balkan Express Coffee Shop at 4028 Central Avenue to designate 30-minute parking in front of the Coffee Shop and Budget Computer at 4024 Central Avenue from 7 a.m. to 5 p.m. Monday through Friday. The reason for the request is to ensure that the parking spots turn over frequently as the coffee shop business is primarily commuter drive-by and impulse, and is dependent on easy access parking in front of the shop. Currently the block is posted "1 hour parking from 8 a.m. to 5 p.m. Monday through Friday". Analysis & Conclusions: A Public Hearing was held on July 2, 2001. Owners of the building at 4020 and 4022 Central Avenue were concerned with limiting the parking to 30 minutes. Staff indicated the "30 minute" parking would be temporary until proposed construction on Central Avenue would begin. Parking would remain on the west side but the "bump outs" would be removed. Parking will be reviewed by the Traffic Commission for uniformity within the avenue at such time when construction begins or July 1, 2002. Recommended Motion: Move to install "30 minute parking from 7 a.m. to 5 p.m. Monday through Friday" signage in front of 4024 and 4028 Central Avenue until construction begins on Central Avenue or July 1, 2002, whichever occurs first, based on a recommendation of the Traffic ConmUssion. KH:jb COUNCIL ACTION: CITY COUNCIL LETTER Meeting off 2r~.lg ~-~, -~ oo~ AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: [-~ ~- ~ 0 Community Development APPROVAL ITEM: D ecl aration of Hazardo us Bui lding BY: M el Col lo va ~~ NO: DATE: Background: The building on the property located at 528 N.E. 47th Avenue has remained in a substandard, and hazardous condition for over 6 months. In September of 2000, there were over 35 live cats and several dead cats removed from the dwelling by a Humane Officer. The Building Official has mailed notices to all entities having an interest in the property and they have not complied with the Notice and Order and have allowed the condition to remain deteriorated. A licensed contractor will have to terminate water and sewer services. The attached correspondence including the Notice And Order have been ignored by the agent for the deceased property owner. No formal appeal has been filed by any of the interested parties. The dwelling does not meet current Zoning Code requirements for minimum dwelling size, and garage size. It is a sub-standard dwelling located in the R-2 Zoning District. Staff has attached copies of previous written Notice. There were several oral Notices given to the agent for the owner and several prospective purchasers of the property. Funds for this action are available in the 415 PIR Fund (Abatement Fund). Costs of this action will be assessed to the property in the form ora special assessment tax. Recommended Motion: Move to waive the reading of resolution 2001- 45, there being ample copies available to the public. Recommended Motion: Move to Adopt Resolution 2001-45, Declaring the building on the property located at 528 N.E. 47th Avenue as hazardous, the Structure/Building must be razed, and the lot graded for future development. COUNCIL ACTION: 52847th1~ RESOLUTION NO. 2001-45 RESOLUTION OF THE CITY COUNCIL FROM THE CITY OF COLUMBIA HEIGHTS REQUESTING REMOVAL OF HAZARDOUS STRUCTURE LOCATED AT: 582 N.E. 47~ Avenue in the City of Columbia Heights, Anoka County, Minnesota, Lot 1, Block 1, Columbia Heights Acres, PIN # 26-30-24-34-0001. WHEREAS, there is a substandard building 528 N.E. 47th Avenue which has been dilapidated, substandard and abandoned for a period longer than 6 months, and WHEREAS, Minnesota Statute 463.15 to 463.26 authorizes municipalities to address hazardous and substandard structures and properties, and WHEREAS, the City of Columbia Heights finds this property to be hazardous based on the following code violations as contained in the Findings of Fact: FINDINGS OF FACT Dangerous Building Definitions Chapter 3 of the 1994 Uniform Code for the Abatement of Dangerous Buildings: 302(9) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. 302(I 1 ) Whenever the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting members, or 50 percent damage or deterioration of its non supporting members, enclosing or outside walls or coverings. 302(12) whenever the building or structure has been so damaged by fire, wind, or flood, or has become so dilapidated or deteriorated as to become (i) an attractive nuisance to children; (ii) a harbor for vagrants, criminals, or immoral persons; or as to (iii) enable persons to resort thereto for the purpose of committing unlawful or immoral acts. 302(17) whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence. 302(18) whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. Removal of Hazardous Structure Resolution 2001-45 Page two THEREFORE, BE IT RESOLVED on the Building Official's conclusions that, the structures at 528 N.E. 47~ Avenue are substandard and seriously deteriorated, that they lack minimum standards for habitable space per 1998 MN State Building Code and 1994 Uniform Code for the Abatement of Dangerous Buildings, and the Building Official is recommending the structures be removed, and the lot be graded for future constuction. Conclusions of Council That all relevant parties have been duly notified of this action. That the structure on the property at 528 N.E. 47th Avenue is hazardous and in violation of many local, state and national code requirements. That the structure can not be rehabilitated to bring them into compliance with local, state and national code requirements. Order of Council The structure at 528 N.E. 47th Avenue, Columbia Heights, Minnesota, is a hazardous building pursuant to Minn. Stat. 463.152, 463.616. The City Council further orders that personal property or fixtures that may unreasonably interfere with the razing and removal of the structures shall be removed within thirty (30) days, and if not so removed by the owner, the City of Columbia Heights may remove and sell such personal property and fixtures at public auction in accordance with law. The City Council further orders that unless such corrective action is taken or an answer is filed in the office of the Court Administration of the District Court of Anoka County, Minnesota, within twenty (20) days from the date of the service of this order, a motion for summary enforcement of this order will be made to the District Court of Anoka County. The City Council further orders that if the City is compelled to take any correction action herein, all necessary costs expended by the City will be assessed against the real estate concerned, and collected in accordance with Minn. Stat. 463.22. The mayor, the clerk, city attomey and other officers and employees of the City are authorized and directed to take such action, prepare, sign and serve such papers as are necessary to comply with this order, and to assess the cost thereof against the real estate described above for collection, along with taxes. Removal of Hazardous Structure Resolution 2001-45 Page three Passed this Offered by: Seconded by: Roll Call: day of ,2001. Gary Peterson, Mayor Patty Muscovitz, Deputy City Clerk 52847thresolutlon NOTICE AND ORDER OF BUILDING OFFICIAl, May 23, 2001 Estate of Alice Erickson 528 N.E. 47th Avenue Columbia Heights, MN 55421 Re 582 N.E. 47t~ Avenue in the City of Columbia Heights, Anoka County, Minnesota, Lot 1, Block 1, Columbia Heights Acres, PIN # 26-30-24-34-0001. To All Parties Having An Interest in This Property: The residential building on the subject property has been vacant for a period longer than six months. The structure has become an attractive nuisance. The dwelling does not meet current requirements to be considered a conforming building due to size of the structure. The structure is functionally obsolete. The detached garage is of minimum size and is functionally obsolete. The dwelling had more than 35 cats removed by the authorities and is said to contain parasites. The interior of the structure is in a state of disrepair due to damage caused by the cats. As stated in the 1994 Uniform Code for the Abatement of Dangerous Buildings section 302; for the purpose of this Code, any building or structure wtfich has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous building, provided that such condition or defects exist to the extent that the life, limb, health, property or safety to the public or its acquaints are endangered: 302 (13) Whenever any building or structure has been constructed, exists, or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this jurisdiction, as specified in the Building or Housing Code, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings. 302(17) Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence. 302(18) Whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. Page 2 582 N.E. 47th Avenue. Notice and Order The structure must be razed by a properly licensed contractor, all required permits must be applied for within 60 days of receipt of this notice and must be completed within 90 days of permit issuance. If the timetable stated is not met, the City may proceed to cause the work to be done and charge the costs thereof against the property or its owner. Any person or entity having legal title or interest in this property has the right to appeal from this Notice and Order or of any action by the Building Official provided the appeal is in writing as provided in this Code and filed with the Building Official within 30 days from the date of service of such Notice and Order; and failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter. Sincerely, Mel Collova Building Official cc: Property File James Hoers, City Attorney Stanek Realty David Kluge CITY COUNCIL LETTER Meeting off July 23, 2001 AGENDA ORIGINATING CITY SECTION: L-\_ A - / \ DEPARTMENT: MANAGER NO: Fire APPROVAL ITEM: Establish Heating Dates BY: Dana Alexon BY: //~'~ License Revocation, Rental Properties DATE: July 18, 2001 DATE: NO: Revocation or suspension of a license to operate a rental property within the City of Columbia Heights is requested against the following owners regarding their rental property for failure to meet the requirements of the Residential Maintenance Codes. 1. Heidi VonHeideman ..................................................... 3718 Central Avenue NE 2. Avery Fenne .................................................................. 4645 Washington St NE RECOMMENDED MOTION: Move to Establish a Heating Date of August 13, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Heidi VonHeideman at 3718 Central Avenue NE. RECOMMENDED MOTION: Move to Establish a Hearing Date of August 13, 2001 for Revocation or Suspension ora License to Operate a Rental Property within the City of Columbia Heights against Avery. Fenne at 4645 Washington Street- NE. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: July 23, 2001 AGENDA CONSENT ORIGINATING CITY SECTION: ~"~- A- \'Z- DEPARTMENT: MANAGER NO: Fire APPROVAL ITEM: Approval of Rental Housing License BY: Dana Alexon Applications DATE: July 19, 2001 NO: DATE: Approval of the attached list of rental housing license applications, in that they have met the requirements of the Housing Maintenance Code. MOTION: Move to approve the items listed for rental housing license applications for July 23, 2001. COUNCIL ACTION: 30114 12209 20058 12008 30101 30170 30171 30059 20016 12022 12056 20195 20179 20010 20171 20173 20088 20142 20152 20154 20003 20011 30001 12139 20391 20017 20006 30057 20115 12073 12069 12047 20092 20094 10081 30100 34001 30119 30121 12166 10082 20321 20070 20047 20227 City of Columbia Heights EDA Luis Agudo Michael Ahmann Rolan Anderson Haji Azam Richard Berg Richard Berg Lester Chics Bryan Clem Greg Dunbar Stephen Dziedzie Brace Evans Phyllis Fudali Vicente Gavilan Gerald Grote Gerald Grote Bette Harlan Bette Harlan Bette Harlan Bette Harlan Mark Hess Bradley Hoag James Hoel Thomas Hofich James Jablonski Leo Jackels Gerald Janson Doris Jorgenson Dwight Jotblad Dom King Nickolas Konopliv Matt Kraft Joe Maciaszek Joe Maciaszek Kevin McGinnity Robert Ostlund Feriz Palic Robert Prior Robert Prior Jai Ramnarine Frank Rasch Mohamed Shokeir Stanley Van Blaricom James Wegman Mark J. Zimmerman 4607 Tyler Street 1319 Circle Terrace 3875 Reservoir Blvd 1400 Circle Terrace 4655 Pierce Street 4233 3rd Street 4242 3rd Street 4347 Tyler Place 3976 Van Buren Street 1325 Circle Terrace 1262 Circle Terrace 4154 2nd Street 5128 Washington Street 4636 Washington Street 4650 Washington Street 4644 Washington Street 5234 Washington Street 5110 Washington Street 5140 Washington Street 5200 Washington Street 4029 2nd Street 3861 Edgemoor Place 4255 Main Street 1243 Circle Terrace 3922 Ulysses Street 1212 Circle Terrace 1236 Circle Terrace 1480 47th Avenue 1116 45th Avenue 4516 Taylor Street 1253 Circle Terrace 3830 Reservoir Blvd 4351 Washington Street 4357 Washington Street 4432 2nd Street 3940 Peters Place 3835 Tyler Street 4628 Tyler Street 4634 Tyler Street 4532 Tyler Street 3956 Tyler Street 3951 Polk Street 4500 Tyler Street 3959 Reservoir Blvd 1807 41st Avenue CITY COUNCIL LETTER Meeting of: July 23, 2001 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: l~_ A- ~'~ License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson~ . DATE: ~y~ NO: DATE: July 19, 2001 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the July 23, 2001 City Council meeting. The agenda consists o£ applications for contractors licenses only. At the top of the license agenda you will notice a phrase stating *@Signed Waiver Form Accompanied Application~. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for July 23, 2001 as presented. COUNCIL ACTION: TO CITY COUNCIL July 23, 2001 *Signed Waiver Form Accompanied Application 2001 BUSINESS LICENSE AGENDA APPROVED BY BUILDING OFFICIAL CONTRACTORS *O'Keefe Roofing *Holmlund Masonry *Neeck Construction Inc. *Eagleview Construction LICENSED AT 8261 Knollwood Dr. 2208 2nd St No. 3989 Central Ave NE 2937 174~ Lane NW FEES $50.00 $5O.OO $50.00 $5O.O0 license agenda FUND F;,'!ZC;AF:': F:'~IND DESCF;,'Z F:'T ]] ON C:C)MMLJN]:TY DIEVlii]._C)F'ME:NT F:'UND ANOKA COUNTY PAF;:KV]:EW V]:L..L.A NORTH ECONOMIC DIEVIE~:L..OI::'MENT AUTH F:'ARKV]JEH VII_L.A ~OIiTH CA)BI.. E: TEL EV ]:~ ]: ON L. I C:O'. HGHTS AF:'-FI~]:~ SCHOOL OIJViE]N]]LIE] JUST]]I]];E] GRANT C:AF:' ]ZFAI... I] MF:'ROVI~]qlENTS C:A F:' I 'FA L. I M F:'R 0 V E MiZ N T F:' I R CAF:' EQUZP REF:'LACE'"GiEhHEF(AI... WA"f El:( U'¥ ]:1.. I TY RI]ii::' U~;i~E F:'Lthl~'~ I. I Q ~ iO ~')"(]F;~M StEWEF;: CCqqS'FRU(:;T,, F:'UIqD )DATA F:'ROCE:SS ]:NG CC]NTR]:BLJTED ESC:F::OW ]~ Ng E~:S T M E hit T R LIS T A) L. 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S 'Y' E;'T !~]'"I S SUP F:'t...Y TT::ANS""AI..AF::M '¥' I:U...i (iH :;: !~]E]~I CHilE MI._AWN "I"I .iBBS/I?IAF::SHA ]'Llj]]N (]]]]]"Y GARAGE DO01:~ CO '¥'W~i]N {;ZIiTY !"IAF::DWARIiE TWIN CITY T'F~AN:i~;F:'OI:i:T UI,I];VE]:::~;]]TY 0t::' ST "FI'-IOMAS V W I~Z[M!C:I(IE Vt~]:~ ZE ZOI~.I ~.Ci: :C,E 0 BY V(::~S I.. :1: (:;JH T ]: I'.-IG W:I:!..I..]:AM MAT'T'SOI".I CONST'F~I. JC L,J :t: I_~;01',I D I~E V Iii:I... 0 F:' M I~:lq T WO!:::I< :1: NG :~M A!:~ T ZARNOTH BRU:E~I'I WORI(~, :[NC Z :i: E Gl.. E R]: N C: 93340 78 r~(' '~;';;:; 34. ] .... 0o ,, ;' ~.: ';' ~....~ '$ ~;. J. 45 ,, 85 .~ .;~..:~44 ~.~'~ ~ ,, ~' ~' . 9 "~ ~"~ ~ ~:~ 998 ,, 09 93346 ~, ,..~ ....... I, ?...~.,4x I. , . o.1 ........ ~ 93348 ]1.~ ~,, x. 93349 ~341 ,, 8'.7 933 '.:. 0 92 ,, 44 ~'~."; ";~ ':~ 'I 1 , 800 ,, 00 9..~...;. ~.. ~ ~; 73.90 x ~.~ ...~ ~., o 6 iL,. "~.., ":x ?":":~ ':: ~ 8'2 ,, 27 :? ...../ ;184. ,, 09 93358 ]. 3 ..~ ~: '1 93 ?.; 6 () 30 (] . 0 C ..~, 6~. 117 ,, 00 "~"~"~' ~. ~.,~...~" 9 ]1. Z~ ,. O0 i.Z.II:;.'.C; F:'ZIqANC:ZAI. ~i;Y~i;TIEl'q C;Z'TY (;)I::' C;CiL..L.II"IB];A FIIE]ZGH'T~i; 07/;i ?/i;~()0 ;I. :1. ~ ())!., !5,~IOF;~'"'VO~:, ,, i?.7 i::'r:~ff~l~; 7 i?¥'qq I( V !E 1"-I D C)l:i: 7/23/0:t. C;OUNC;Z I.. (::l.-!lii: C: I( Iql..llq I~lE I:;: I:;:lii: C: 0 I:;4 ):) ~ I::'I:;CI: tq Tlii:D .... O0:1. ~()2~ CITY COUNCIL LETTER Meeting of July 23, 2001 AGENDA ORIGiNATING CITY SECTION: ~O ~ A DEPARTMENT: MANAGER NO: Fire APPROVAL ITEM: Close Hearing BY: Dana Alexon Rental License Revocation DATE: July 17, 2001 NO: DATE: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Marilyn Dalseth regarding rental property at 4612 Polk Street for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of July 23, 2001. The public hearing on this property may now be closed in that the owner has brought the property/building into compliance with the Residential Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Heating Regarding the Revocation or Suspension of the Rental License Held by Marilyn Dalseth Regarding Rental Property at 4612 Polk Street in that the Property is in Compliance with the Residential Maintenance Code. COUNCIL ACTION: · CITY COUNCIL LETTER Meeting of July 23, 2001 AGENDA ORIGINATING CITY NO: Fire APPROVAL ITEM: Close Hearing BY: Dana Alexon BY:~J.~/~ Rental License Revocation DATE: July 17, 2001 NO: DATE: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Duncan McClellan regarding rental property at 4420-4422 Monroe St for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of July 23~ 2001. The public hearing on this property may now be closed in that the owner has brought the property/building into compliance with the Residential Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Duncan McClellan Regarding Rental Property at 4420-4422 Monroe Street in that the Property is in Compliance with the Residential Maintenance Code. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of July 23, 2001 AGENDA ORIGINATING CITY SECTION: (D -~ DEPARTMENT: MANAGER NO: Fire APPROVAL ITEM: Close Hearing BY: Dana Alexon BY: ~/~ Rental License Revocation DATE: July 17, 2001 NO: DATE: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Thomas Ferrara regarding rental property at 1035-1037 43-1/2 Avenue NE for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of July 23~ 2001. The public hearing on this property may now be closed in that the owner and the tenants were not properly notified of the City Council heating. The Columbia Heights Fire Department will serve proper notice on all interested parties and schedule a public heating at the next available date. RECOMMENDED MOTION: Move to Close the Public Heating Regarding the Revocation or Suspension of the Rental License Held by Thomas Ferrara Regarding Rental Property at 1035-1037 43-1/2 Avenue NE until such time all interested parties can be properly notified. COUNCIL ACTION: REVISED 7-23-01 CITY COUNCIL LETTER Meeting o f July 23,2001 AGENDA SECTION: 6 D ORIGINATING DEPARTMENT: CITY MANAGER Fire APPROVAL NO: ITEM: Close Hearing BY: Dana Alexon BY: Rental License Revocation DATE: July 23, 2001 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Salman Ali regarding rental property at 1224-1226 Circle Terrace for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of July 23, 2001. The public hearing on this property may now be closed in that the owner has brought the property/building into compliance with the Residential Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Heating Regarding the Revocation or Suspension of the Rental License Held by Salman Ali Regarding Rental Property at 1224-1226 Circle Terrace in that the Property is in Compliance with the Residential Maintenance Code. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of July 23, 2001 AGENDA Resolutions/Ordinances ORIGINATING CITY SECTION: / t'-i"x DEPARTMENT: MANAGER NO: CO ~ }_~ Fire APPROVAL ITEM: Close Hearing/Adopt Resolution 2001-46 BY: Dana Alexon BY: ]~///~f'~ For Revocation DATE: July 17, 2001 NO: DATE: Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Salman Ali regarding rental property at 1224-1226 Circle Terrace for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public heating RECOMMENDED MOTION: Move to waive the reading of Resolution No.2001-46, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2001-46, 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 Salman Ali Regarding Rental Property at 1224-1226 Circle Terrace. COUNCIL ACTION: RESOLUTION 2001-46 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 SALMAN ALI (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 1224-1226 CIRCLE TERRACE, 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 JUNE 29, 2001 OF A PUBLIC HEARING TO BE HELD ON JULY 23, 2001. 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 15, 2000, John Larkin, inspector for the City of Columbia Heights, inspected the property and noted two 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 July 17, 2000, Matt Field and John Larkin, inspectors for the City of Columbia Heights, inspected the property and noted that two violations remained uncorrected. Compliance orders listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 3. That on August 15, 2000, Matt Field and John Larkin, inspectors for the City of Columbia Heights, inspected the property and noted that four violations remained uncorrected. Compliance orders listing the violations and a letter advising of the City Council action and revocation hearing was mailed by certified mail to the owner at the property at the address listed on the Rental Housing License Application. 4. That on or about September 27, 2000, the Fire Department inspection office received word that the owner had moved and left no forwarding address. The owner claimed that he did not receive any of the notices. Office staff recorded his new address and granted an extension of time for the owner to make the necessary repairs. Compliance orders listing the violations and a letter advising of the City Council action and revocation hearing was mailed by certified mall to the owner at the property at the address listed on the new Rental Housing License Application. 5. That on October 11, 2000, Matt Field and John Larkin, inspectors for the City of Columbia Heights, inspected the property and noted that two violations remained uncorrected. Compliance orders listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 6. That on November 1, 2000, Matt Field and John Larkin, inspectors for the City of Columbia Heights, inspected the property and noted that two violations remained uncorrected. Compliance orders listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 7. That on December 28, 2000, Matt Field and John Larkin, inspectors for the City of Columbia Heights, inspected the property and noted that one violation remained uncorrected. Compliance orders listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 8. That on January 3, 2001, Dana Alexon, Housing Enforcement Official for the City of Columbia Heights, granted the owner an extension until May 30, 2001 for the one remaining item. 9. That on May 30, 2001, Matt Field and Dan O'Brien, inspectors for the City of Columbia Heights, inspected the property and noted that one violation remained uncorrected. Compliance orders listing the violations and a letter advising of the City Council action and revocation heating was mailed by certified mail to the owner at the property at the address listed on the Rental Housing License Application. 10. That on June 29, 2001, Matt Field and Dan O'Brien, inspectors for the City of Columbia Heights, inspected the property and noted that one violation remained uncorrected. A Statement of Cause listing the violations and advising of the City Council action and revocation hearing was mailed by certified mail to the owner at the property at the address listed on the Rental Housing License Application. 11. That on July 17, 2001, staff from water billing depar~ent, for the City of Columbia Heights, notified the Fire Department that the water had been shut-off at the property since July 12, 2001. This is in violation of Ordinance #1395 and the Uniform Building Code. Compliance orders listing the violation were mailed by regular mail to the owner at the property at the address listed on the Rental Housing License Application. 12. 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: FAILURE TO CORRECT VIOLATION OF THE RESIDENTIAL MAINTENANCE CODE B. FAILURE TO SUBMIT REINSPECTION FEES OF $200.00 13. 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 I. That the building located at 1224-1226 Circle Terrace 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 hearings 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 F4543 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. Passed this MOTION BY: SECOND BY: ROLL CALL VOTE: day of ,2001 AYES: NAYS: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk CITY COUNCIL LETTER Meeting of July 23, 2001 AGENDA Resolutions/Ordinances ORIGINATING CITY SECTION: DEPARTMENT: MANAGER NO: ID ~ ~ Fire APPROVAl. For Revocation DATE: July 17, 2001 NO: DATE: Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Raymond Buganski regarding rental property at 1024-1026 45th Avenue for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public heating RECOMMENDED MOTION: Move to waive the reading of Resolution No.2001-47, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2001-47, 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 Raymond Buganski Regarding Rental Property at 1024-1026 45th Avenue NE. COUNCIL ACTION: RESOLUTION 2001-47 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 RAYMOND BUGANSKI (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 1024-1026 45TM AVENUE, 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 JUNE 5, 2001 OF A PUBLIC HEARING TO BE HELD ON JULY 23, 2001. 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 20, 2000, John Larkin, inspector for the City of Columbia Heights, inspected the property and noted six 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 December 28, 2000, Matt Field and John Larkin, inspectors for the City of Columbia Heights, inspected the property and noted that six violations remained uncorrected. Compliance orders listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 3. That on December 28, 2000, Dana Alexon, Housing Enfomement Official for the City of Columbia Heights, granted a six month extension due to the nature of the violations and the season of the year. The extension expired on June 5, 2001. 4. That on June 5, 2001, Matt Field, inspector for the City of Columbia Heights, inspected the property and noted that six violations remained uncorrected. Compliance orders listing the violations and a letter advising of the City Council action and revocation heating was mailed by certified mail to the owner at the property at the address listed on the Rental Housing License Application. 5. That on July 5, 2001, Matt Field and Dan O'Brien, inspectors for the City of Columbia Heights, inspected the property and noted that six violations rema'med uncorrected. Compliance orders listing the violations and a letter advising of the City Council action and revocation heating was mailed by certified mail to the owner at the property at the address listed on the Rental Housing License Application. 6. That on July 17, 2001, Matt Field and Dan O'Brien, inspectors for the City of Columbia Heights, inspected the property and noted that six violations remained. 7. That based upon said records of the Enfomement 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 TI-IE RESIDENTIAL MAINTENANCE CODE B. FAILURE TO SUBMIT REINSPECTION FEES OF $100.00 8. 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 1024-1026 45th Avenue 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 hearings 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 F4405 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. Passed this MOTION BY: SECOND BY: ROLL CALL VOTE: day of .,2001 AYES: NAYS: Patricia Muscovitz, Deputy City Clerk Mayor Gary L. Peterson CITY COUNCIL LETTER Meeting of July 23, 2001 AGENDA SECTION: Other Ordinances & Resolutions ORIGINATING DEPARTMENT CITY MANAGER NO. -') - ~ -- [ POLICE APPROVAL: ITEM: Rescind November 1997 Amendment to Ordinance BY: Thomas M. Johnson ~ (' BY: NO 853 Pertaining to Prohibited Nonmoving Violations DATE: July 2, 2001 (~I~ 1 DATE: BACKGROUND In November, 1997, the City Building Inspector amended Ordinance 7.205(3) in the hope that it would allow us to remove vehicles parked on landscaped areas where the owner of the car and/or property refused to come into compliance with our ordinance. During the last year it was discovered by the City Attorney and the Chief of Police that the change was made to the wrong ordinance and has actually extended the time we must leave an "abandoned" or "junk" vehicle before we can tow it. The amendment should have been added to our Parked on Landscape Surfaces Ordinance No. SA.207(1)(b)(i). ANALYSIS/CONCLUSION In order to rectify this problem, the City Attorney is recommending that the amendment passed in November 1997 to the Nonmoving Violations Ordinance Number 7.205(3) be removed and that this ordinance be changed back to the way it read prior to the November 1997 change. RECOMMENDED MOTION: Move to waive the First Reading of Ordinance 1432, an ordinance amending Ordinance 853, as ample copies are available to the public. Move to establish Monday, August 13, 2001, at approximately 7:00 p.m. as the Second Reading of Ordinance 1432, being an amendment to Ordinance 853, to remove the amendment of November 1997. TMJ:mld 01-116 COUNCIL ACTION: ORDINANCE NO. 1432 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND PERTAINING TO PROHIBITED NONMOVING VIOLATIONS. The City of Cohimbia Heights does ordain: No person with title or custody of a motor vehicle shall abandon such vehicle as def'med herein, anywhere with the City. For purposes of this chapter, an "abandoned motor vehicle" shall consist of: (a) A motor vehicle which has ramained in any one place on public propen'y for a continuous period of 48 hours and lacks vital component parts that are essential to the mechanical functioning of the vehicle, or is otherwise in inoperable condition, or (b) A motor vehicle which has remained on private property for a continuous period of 48 hours without the consent of the person in control of such property. Provided, however, that a classic car or pioneer car as de f'raed in Minnesota Statutes Chapter 168.10, shall not be considered as an abandoned motor vehicle within the meaning of subdivision (a). is hereby amended to read as follows: No person with title or custody of a motor vehicle shall abandon such vehicle as defined herein, anywhere with the City. For purposes of this chapter, an "abandoned motor vehicle" shall consist of: (d) A motor vehicle which has remained in any one place on public property for a continuous period of 48 hours and lacks vital component parts that are essential to the mechanical functioning of the vehicle, or is otherwise in inoperable condition, or (e) A motor vehicle which has ramained on private proper~y for a continuous period of 48 hours without the consent of the person in control of such property. First Reading: Second Reading: Date of Passage:. Offered by: Seconded by: Roll Call: Patricia Muscovitz, Deputy City Clerk Mayor Gary L. Peterson CITY COUNCIL LETTER 2001 AGENDA SECTION: Other Ordinances & Resolutions ORIGINATING DEPARTMENT CITY MANAGER NO. "1 ~ A -~--- POLICE APPROVAL: ITEM: Ordinance Change, Creating Section 3.203(8) BY: Thomas M. Johnson_~'~ BY: NO of the Columbia Heights City Code Pertaining DATE: July 2, 2001 q:~/ DATE: to the Disposition of Unclaimed Property BACKGROUND During the past couple of years the Department has accumulated several hundred dollars in unclaimed money and some property that was not evidentiary in nature. In order for the City to take control of this money and property and dispose of it properly, State Statute 471.195 requires us to pass an ordinance that defines the process to be followed. ANALYSIS/CONCLUSION In order to legally dispose of unclaimed money and property, a new city ordinance is needed. The attached ordinance and procedure was developed with the assistance of the City Attorney in order for the city to dispose of unclaimed property and money in accordance with Minnesota State Statute 471.195. RECOMMENDED MOTION: Move to waive the First Reading of Ordinance 1433, as ample copies are available to the public. Move to establish August 13, 2001, at approximately 7:00 p.m. as the Second Reading of Ordinance 1433, creating Section 3.202(8) of the Columbia Heights City Code which pertains to the disposition of unclaimed property. TMJ:mld 01-115 Attachment COUNCIL ACTION: ORDINANCE NO. 1433 CREATING SECTION 3.203(8) OF THE COLUMBIA HEIGHTS CITY CODE WHICH PERTAINS TO THE DISPOSITION OF UNCLAIMED PROPERTY The City of Columbia Heights does ordain: The Chief of Police is authorized to administer the disposal of property lawfully coming into the possession of the City and remaining unclaimed by the owner after sixty (60) days. The property may be used by the City for its own purposes, or, sold to the highest bidder at a public auction, or, if determined by the Chief of Police to have no value, destroyed. A notice specifying the date, time, and place of any auction or sale shall be published in a newspaper of general circulation throughout the City at least one week prior to such auction or sale. The net proceeds of the auction or sale shall be placed in the City's General Fund, subject to the right of the former owner to payment of the net proceeds upon application and presentation of satisfactory proof of ownership within six (6) months of the sale. Net proceeds means the sale price less all costs of handling, publishing, storage or sale of the item. The City may, at its discretion, bill the owner for any costs that exceed the revenues derived from the disposal. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk COLUMBIA HEIGHTS POLICE DEPARTMENT PROCEDURE FOR DISPOSITION OF UNCLAIMED PROPERTY All unclaimed property coming into possession of the City of Columbia Heights will be disposed of using the following procedure and per City Ordinance 3.203(8), and State Statute 471.195: A. All property (except motor vehicles) found or coming into the possession of the City of Columbia Heights shall be turned over to the Police Department immediately. B. The Police Department will make every effort to find the owner of the property using all means available. C. The property will be held for a minimum of sixty (60) days. D. If after sixty days no claim has been made for the property, the Chief of Police may do any of the following: a. The property may be used by the City for its own purposes, or b. The property may be sold to the highest bidder at a public auction or sale, or c. If determined by the Chief of Police to have no value, destroyed. The net proceeds of the auction or sale shall be placed in the City's General Fund, subject to the right of the former owner to payment of the net proceeds upon application and presentation of satisfactory proof of ownership within six (6) months of the sale. If the property is a motor vehicle, it shall be impounded and disposed of in accordance with Minnesota State Statutes 168B.01, 168B.06, 168B.051, 168B.07, 168B.011, 168B.04, 168B.03, and 169.041. Copies of the above listed Statutes are attached to this procedure. Attachments MSA §471.195, Unclaimed property; disposal Page 1 *72003 M.S.A. § 471.195 MINNESOTA STATUTES ANNOTATED MUNICIPALITIES CHAPTER 471. MUNICIPAL RIGHTS, POWERS, DUTIES 295, ~ 2, eft May 4, 1967; Laws 1971, c. 923, 3~ I, eft June 8, 1971; Laws 1973, c. 123 art. 5, ff 7. 1999 Electronic Pocket Part Update Amendedby Laws 1995, c. 79, ~ 1. <General Materials (GM) - References, Annotations, or Tables> Current through End of1999 Reg. Sess. HISTORICAL NOTES 471.195. Unclaimed property; disposal HISTORICAL AND STATUTORY NOTES (1) Any city may by ordinance provide for the custody and disposal of property lawfully coming into its possession in the course of municipal operations and remaining unclaimed by the owner. Such ordinance may provide for the sale of such property to the highest bidder at public auction or sale or by a private sale through a nonprofit organization that has a significant mission of community service, after the property has been in the possession of the municipality for a period of at least 60 days. If the sale is to be by public auction, the city shall give ten days' published notice describing the property found or recovered and to be sold, and specifying the time and place of the sale. The notice must be published at least once in a legal newspaper published in the city or, if there is none in the city, published in the count)'. Consistent with other applicable statutory or charter provision, the ordinance shall designate the fund into which the proceeds of any such sale shall be placed, subject to the right of the former owner to payment of the sale price from the fund upon application and satisfactory proof of ownership within six months of the sale or such longer period as provided by ordinance. 1999 Electronic Pocket Part Update 1995 Legislation The 1995 mnendment, in cl. (l), changed the notice requirement for public auctions from reasonable notice to ten days' notice describing the property and the time and place of sale published at least once in a legal newspaper and authorized cities to conduct private sales through nonprofit organizations. 1994 Main Volume The 1967 amendment reduced the minimum possession period before sale from 3 to 6 months. The 1971 amendment reduced the minimum possession period before sale from 3 months lo 60 days. *72004 Laws 1973, c. 123, art. 5, § 7, was a general authorization for the consolidation of the terms "villages" and "boroughs" into the term "cities" or the substitution of the term "statutory cities" for "villages" and/or "boroughs." REFERENCES CROSS REFERENCES Counties, see § 345.15. LIBRARY REFERENCES (2) This section does not limit the power of any municipality under any other statutory or charter authority. CREDIT(S) 1994 Main Volume Municipal Corporations ~=:,225(1). WESTLAW Topic No. 268. C.J.S. Municipal Corporations § 962 et seq. 1994 Main Volume ANNOTATIONS Laws 1957, c. 382, fro8 1, 2. Amended by Laws 1967, c. NOTES OF DECISIONS Copyright (c) West Group 2000 No claim to original U.S. Govt. works MSA §471.195, Unclaimed property; disposal Page2 In general I 1, In general Unclaimed property acquired by city police department may be disposed of under this section by ordinance providing for the sale of such property to the highest bidder at public auction. Op,Atl)'.Gen.. 59a-35, July 23, 1965. Copyright (c) West Group 2000 No claim to original U.S. Govt. works Minnesota Statutes 2000, 168B.01 Page 1 of 1 Minnesota Statutes 2000, Table of Chapters Table of contents for Chapter 168B 168B.01 Legislative findings; purl0ose. Abandoned motor vehicles constitute a hazard to the health and welfare of the people of the state in that such vehicles can harbor noxious diseases, furnish shelter and breeding places for vermin, and present physical dangers to the safety and well-being of children and other citizens. Abandoned motor vehicles and other scrap metals also constitute a blight on the landscape of the state and therefore a detriment to the environment. The abandonment and retirement of motor vehicles and other scrap metals constitutes a waste of a valuable source of useful metal. It is therefore in the public interest that the present accumulation Of abandoned motor vehicles and other scrap metals be eliminated, that future abandonment of motor vehicles and other scrap metals be prevented, that the expansion of existing scrap recycling facilities be developed and that other acceptable and economically useful methods for the disposal of abandoned motor vehicles and other forms of scrap metal be developed. HIST: 1971 c 734 s 1 Copyright 2000 by the Office of Revisor of Statutes, State of Minnesota. http ://www.revisor.leg. state, mn.us/stats/168B/01 .html : i/26/01 Minnesota Statutes 2000, 168B.06 Page 1 of 1 ._Mimle_~o!a Statgt_e~ 2000, Table of Chapters Table of contents for Chapter 168B 168B.06 Notice of taking and sale. Subdivision 1. Contents~ notice given within five days. When an impounded vehicle is taken into custody, the unit of government or impound lot operator taking it into custody shall give notice of the taking within five days. The notice shall (a) set forth the date and place of the taking, the year, make, model and serial number of the impounded motor vehicle if such information can be reasonably obtained and thc place where the vehicle is being held, (b) inform the owner and any lienholders of their right to reclaim the vehicle under section 168B.07, and (c) state that failure of the owner or lienholders to exercise their right to reclaim the vehicle and contents within the appropriate time allowed under section 168B.051, subdivision 1, la, or 2, shall be deemed a waiver by them of all right, title, and interest in the vehicle and contents and a consent to the transfer of title to and disposal or sale of the vehicle and contents pursuant to section 168B.08. Subd. 2. Notice by mail or publication. The notice shall be sent by mail to the registered owner, if any, of an impounded vehicle and to all readily identifiable lienholders of record. The department shall make this information available to impound lot operators for notification purposes. If it is impossible to determine with reasonable certainty the identity and address of the registered owner and all lienholders, the notice shall be published once in a newspaper of general circulation in the area where the motor vehicle was towed from or abandoned. Published notices may be grouped together for convenience and economy. Subd. 3. Unauthorized vahicle~ notice. If an unauthorized vehicle remains unclaimed after 30 days from the date the notice was sent under subdivision 2, a second notice shall be sent by certified mail, return receipt requested, to the registered owner, if any, of the unauthorized vehicle and to all readily identifiable lienholders of record. HIST: 1971 c 734 s 6; 1973 c 649 s 3; 1995 c 137 s 4; 1997 c 70 s 1; 1997 c 108 s 3 copyright 2000 by the Office of Revisor of Sta=u~es, S~a~e of Minnesota. http://www.revisor, leg.st, .e.nm.us/stats/168B/06.html 6/26D1 Minnesota Statutes 2000, 168B.08 Page 1 of 1 Mj_nne_sgt_~.St_gt_uLe~ 2000, Table of Chapters Table of contents for Chapter 168B 168B.08 Disposition by impound lot. subdivision 1. Auction or sale. (a) If an abandoned or unauthorized vehicle and contents taken into custody by a unit of government or any impound lot is not reclaimed under section 168B.07, it may be disposed of or sold at auction or sale when eligible pursuant to sections 168B.06 and 168B.07. (b) The purchaser shall be given a receipt in a form prescribed by the registrar of motor vehicles which shall be sufficient title to dispose of the vehicle. The receipt shall also entitle the purchaser to register the vehicle and receive a certificate of title, free and clear of all liens and claims of o~rnership. Before such a vehicle is issued a new certificate of title it must receive a motor vehicle safety check. Subd. 2. Unsold vehicle. Abandoned or junk vehicles not sold by units of government or public impound lots pursuant to subdivision I shall be disposed of in accordance with section 168B.09. Subd. 3. Sale proceeds; public entities. From the proceeds of a sale under this section by a unit of government or public impound lot of an abandoned or unauthorized motor vehicle, the unit of government shall reimburse itself for the cost of towing, preserving and storing the vehicle, and all administrative, notice and publication costs incurred in handling the vehicle pursuant to sections 168B.01 to 168B.101. Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled llenholder for 90 days and then shall be deposited in the treasury of the unit of government. Subd. 4. Sale proceeds; nonpublic impound lots. The operator of a nonpublic impound lot may retain any proceeds derived from a sale conducted under the authority of subdivision 1. The operator may retain all proceeds from sale of any personal belongings and contents in the vehicle that were not claimed by the owner or the owner's agent before the sale, except that any suspected contraband or other items that likely would be subject to forfeiture in a criminal trial must be turned over to the appropriate law enforcement agency. HIST: 1971 c 734 S 8; 1973 c 6%9 s 4; 1980 c 509 S 58; 1987 C 384 art 2 s 1; 1995 c 137 s 6 Copyright 2000 by the Office of Revisor of Statutes, State of Minnesota. http://www.revisor.leg.state.mn.us/stats/168B/O8.html 6/26/01 Minnesota Statutes 2000, 168B.051 Page 1 of 1 Minnesota Statutes 2000, Table of Chapters Table o f contents for Chapter 168B 168B.051 Sale; waiting periods. Subdivision 1. Sale after 15 days. An impounded vehicle is eligible for disposal or sale under section 168B.08, 15 days after notice to the owner, if the vehicle is determined to be: (1) a junk vehicle, except that it may have a valid, current registration plate and still be eligible for disposal or sale under this subdivision; or (2) an abandoned vehicle. Subd. la. S&le 15 days a£ter notice by certified mail. An unauthorized vehicle impounded by the city of Minneapolis or by the city of St. Paul is eligible for disposal or sale under section 168B.08, 15 days after notice is sent by certified mail, return receipt requested, to the registered owner, if any, of the unauthorized vehicle and to all readily identifiable lienholders of record. If, before the expiration of the 15-day period following notice of taking, the registered owner or lienholder of record delivers to the impound lot operator a written statement of intent to reclaim the vehicle, the vehicle is not eligible for disposal or sale until 45 days after the notice of taking, if the owner or lienholder has not reclaimed under section 168B.07. Notwithstanding section 168B.06, subdivision 3, a second notice shall not be required. Subd. 2. Sale after 45 4ays. An impounded vehicle is eligible for disposal or sale under section 168B.08, 45 days after notice to the owner, if the vehicle is determined to be an unauthorized vehicle that was not impounded by the city of Minneapolis or the city of St. Paul. HIST: 1995 c 137 s 3; 1997 c 108 s 1,2 Copyright 2000 by the Office of Revisor of Statutes, State of Minnesota. http://www.revisor.leg.state.mn.us/stats/168B/051 .[ tel 6/26/01 Minnesota Statutes 2000, 168B.07 Page 1 of 1 Mjn~neso_[a..St_at~es 2009~ Table of Chapters Table of contents for Chapter 168B 168B.07 Right to reclaim. Subdivision 1. Payment of charges. The owner or any lienholder of an impounded vehicle shall have a right to reclaim such vehicle from the unit of government or impound lot operator taking it into custody upon payment of all towing and storage charges resulting from taking the vehicle into custody within 15 or 48 days, as applicable under section 168B.051, subdivision 1, la, or 2, after the date of the notice required by section i 6 Subd. 2. Lienholder. Nothing in sections 168B.01 to !~.~.101 shall be construed to impair any lien of a garagekeeper under the laws of this state, or the right of a lienholder to foreclose. For the purposes of this section "garagekeeper" is an operator of a parking place or establishment, an operator of a motor vehicle storage facility, or an operator of an establishment for the servicing, repair, or maintenance of motor vehicles. HIST: 1971 c 734 s 7; 1980 c 509 s 57; 1987 c 384 art 2 s 1; 1995 c 137 s 5; 1997 c 108 s 4; 1997 c 251 s 4 Copyright 2000 by the Office of Revisor of Statutes, State of Minnesota. !.,~.*..,.11 ........... ;e,'.,r l~,r, etat~, mn ,m/~tnt~/] 6RR/07 html 6/26/01 Minnesota Statutes 2000, 168B.011 Page 1 of 2 Minnesota Statutes 2000, Table of Chapters Table of contents for Chapter 168B 168B.011 Definitions. Subdivision 1. Scope. The terms used in this chapter have the meanings given them in this section. Subd. 2. Abandoned vehicle. (a) "Abandoned vehlcle" means a motor vehicle, as defined in section 169.01, that: (1) has remained illegally: (i) for a period of more than 48 hours on any property owned or controlled by a unit of government, or more than four hours on that property when it is properly posted; or (ii) on private property for a period of time, as determined under section 168B.04, subdivision 2, without the consent of the person in control of the property; and (2) lacks vital component parts or is in an inoperable condition such that it has no substantial potential for further use consistent with its usual functions, unless it is kept in an enclosed garage or storage building. (b) A classic car or pioneer car, as defined in section 168.10, is not considered an abandoned vehicle. (c) Vehicles on the premises of junk yards and automobile graveyards that are defined, maintained, and licensed in accordance with section 161.242, or that are licensed and maintained in accordance with local laws and zoning regulations, are not considered abandoned vehicles. (d) A vehicle being held for storage by agreement or being held under police authority or pursuant to a writ or court order is not considered abandoned, nor may it be processed as abandoned while the police hold, writ, or court order is in effect. Subd. 3. Junk vehicle. "Junk vehicle" means a vehicle that: (1) is three years old or older; (2) is extensively damaged, with the damage including such things as broken or missing wheels, motor, drive train, or transmission; (3) is apparently inoperable; (4) does not have a valid, current registration plate; and (5) has an approximate fair market value equal only to the approximate value of the scrap in it. Subd. 4. Uneuthorisea vehicle. "Unauthorized vehicle" means a vehicle that is subject to removal and impoundment pursuant to section 168B.04, subdivision 2, or 169.041, but is http://www.revisor.leg.state.mn.us/stats/168B/O11.html 6/26/01 Minnesota Statutes 2000, 168B.011 Page 2 of 2 not a junk vehicle or an abandoned vehicle. Subd. 5. Agency. "Agency" means the Minnesota pollution control agency. Subd. 6. Depar~ent. "Department" means the Minnesota department of public safety. Subd. 7. Impound. "Impound" means to take and hold a vehicle in legal custody. There are two types of impounds, public and nonpublic. Subd. 8. Impound lot operator or operator. "Impound lot operator" or "operator" means a person who engages in impounding or storing, usually temporarily, unauthorized or abandoned vehicles. "Operator" includes an operator of a public or nonpublic impound lot, regardless of whether tow truck service is provided. Subd. 9. Motor vehicle or vehicle. "Motor vehicle" or "vehicle" has the meaning given motor vehicle in section 169.01. Subd. 10. Motor vehicle waste. "Motor vehicle waste" means solid waste and liquid wastes derived in the operation of or in the recycling of a motor vehicle, including such things as tires and used motor oil, but excluding scrap metal. Subd. 11. Nonpublic impound lot. "Nonpublic impound lot" means an impound lot that is not a public impound lot. Subd. 12. Public impound lot. "Public impound lot" means an impound lot owned by or contracting with a unit of government under section 168B.09. Subd. 13. Unit of government. "Unit of government" includes a state department or agency, a special purpose district, and a county, statutory or home rule charter city, or Subd. 14. Vital component parts. "Vital component parts" means those parts of a motor vehicle that are essential to the mechanical functioning of the vehicle, including such things as the motor, drive train, and wheels. HIST: 1995 c 137 s I Copyright 2000 by the Office of Revisor of Statutes, State of Minnesota. http://www.revi,~.or.leg.state.nm.us/stats/168B/O11 .html 6/26/01 Minnesota Statutes 2000, 168B.04 Page 1 of 1 Minnesota Statutes 2000, Table of Chapters Table of contents for Chapter 168B 168B.04 Authority to impound vehicles. Subdivision 1. Abandoned or Junk vehicles. Units of government and peace officers may take into custody and impound any abandoned or junk vehicle. Subd. 2. Unauthorized vehicles. (a) Units of government and peace officers may take into custody and impound any unauthorized vehicle under section 169.041. (b) A vehicle may also be impounded after it has been left unattended in one of the following public or private locations for the indicated period of time: (1) in a public location not governed by section 169.041: (i) on a highway and properly tagged by a peace officer, four hours; (ii) located so as to constitute an accident or traffic hazard to the traveling public, as determined by a peace officer, immediately; or (iii) that is a parking facility or other public property owned or controlled by a unit of government, properly posted, four hours; or (2) on private property: (i) that is single-family or duplex residential property, immediately; (ii) that is private, nonresidential property, properly posted, immediately; (iii) that is private, nonresidential property, not posted, 24 hours; or (iv) that is any residential property, properly posted, immediately. HIST: 1971 c 734 s 4; 1995 c 137 s 2 Copyright 2000 by the Office of Revisor of Statutes, State of Minnesota. http://www.revisor.leg.state.mn.us/stats/168B/04.html 6/26/( 1 Minnesota Statutes 2000, 168B.03 Page 1 of 1 Minnesota Statutes 2000, Table of Chapters Table of contents for Chapter 168B 168B.03 Violation to abandon motor vehicle. Any person who abandons a motor vehicle on any public or private property, without the consent of the person in control of such property, is guilty of a misdemeanor. HIST: 1971 c 734 s 3 copyright 2000 by the Office of Revisor of Statutes, STate of Minnesota. · ,, 6/26/01 http://www.rewsor.leg.state.m.us/stats/1 ( 3B/03.html Minnesota Statutes 2000, 169.041 Page 1 of 2 Mim~esota Statutes 2000, Table of Chapters Table of contents for Chapter 169 169.041 Towing authorized. Subdivision 1. Towing authority. For purposes of this section, "towing authority" means any local authority authorized by section 169.04 to enforce the traffic laws, and also includes a private towing company authorized by a local authority to tow vehicles on behalf of that local authority. Subd. 2. Towing order reguired. A towing authority may not tow a motor vehicle from public property unless a peace officer or parking enforcement officer has prepared, in addition to the parking citation, a written towing report describing the motor vehicle and the reasons for towing. The report must be signed by the officer and the tow driver. Subd. 3. Four-hour waiting period. In enforcing state and local parking and traffic laws, a towing authority may not tow, or allow or require the towing of, a motor vehicle from public property for a parking or traffic violation until four hours after issuance of the traffic ticket or citation, except as provided in this section or as provided for an unauthorized vehicle in section 168B.04. Subd. 4. Towing allowed. A towing authority may tow a motor vehicle without regard to the four-hour waiting period if: (1) the vehicle is parked in violation of snow emergency regulations; (2) the vehicle is parked in a rush-hour restricted parking area; (3) the vehicle is blocking a driveway, alley, or fire hydrant; (4} the vehicle is parked in a bus lane, or at a bus stop, during hours when parking is prohibited; (5) the vehicle is parked within 30 feet of a stop sign and visually blocking the stop sign; (6) the vehicle is parked in a handicap transfer zone or handicapped parking space without a handicapped parking certificate or handicapped license plates; (7) the vehicle is parked in an area that has been posted for temporary restricted parking (i) at least 12 hours in advance in a home rule charter or statutory city having a population under 50,000, or (ii) at least 24 hours in advance in another political subdivision; (8) the vehicle is parked within the right-of-way of a controlled access highway or within the traveled portion of a public street when travel is allowed there; (9) the vehicle is unlawfully parked in a zone that is http://www.revisor, leg.state.nm.us/stats/169/041.h~ nl 6/26/01 Minnesota Statutes 2000, 169.041 Page 2 of 2 restricted by posted signs to use by fire, police, public safety, or emergency vehicles; (10) the vehicle is unlawfully parked on property at the Minneapolis-St. Paul International Airport owned by the metropolitan airports commission; (11) a law enforcement official has probable cause to believe that the vehicle is stolen, or that the vehicle constitutes or contains evidence of a crime and impoundment is reasonably necessary to obtain or preserve the evidence; (12) the driver, operator, or person in physical control of the vehicle is taken into custody and the vehicle is impounded for safekeeping; (13) a law enforcement official has probable cause to believe that the owner, operator, or person in physical control of the vehicle has failed to respond to five or more citations for parking or traffic offenses; (14) the vehicle is unlawfully parked in a zone that is restricted by posted signs to use by taxicabs; (15) the vehicle is unlawfully parked and prevents egress by a lawfully parked vehicle; (16) the vehicle is parked, on a school day during prohibited hours, in a school zone on a public street where official signs prohibit parking; or (17) the vehicle is a junk, abandoned, or unauthorized vehicle, as defined in section 168B.011, and subject to immediate removal under chapter 168B. Subd. 5. Towing prohibited. Unless the vehicle is described in subdivision 4, a towing authority may not tow a motor vehicle because: (1) the vehicle has expired registration tabs that have been expired for less than 90 days; (2) the vehicle is at a parking meter on which the time has expired and the vehicle has fewer than five unpaid parking tickets. Subd. 6. Private property. This section does not restrict the authority of the owner of private property to authorize under chapter 168B the towing of a motor vehicle unlawfully parked on the private property. Subd. 7. Damages. The owner or driver of a motor vehicle towed in violation of this section is entitled to recover from the towing authority the greater of $100 or two times the actual damages sustained as a result of the violation. Damages recoverable under this subdivision include but are not limited to costs of recovering the vehicle, including time spent and transportation costs. HIST: 1989 c 256 s 1; 1990 c 903 s 1; 1992 c 580 s 1; 1994 c 536 s 19; 1995 c 137 s 10-12 Copyright 2000 by the Office of Revisor of Statutes, State of Minnesota. http://www.revisor, leg.state.mn.us/stats/169/041 .html 6/26/01 CITY COUNCIL LETTER 2001 AGENDA SECTION: Other, Ordinances & Resolutions ORIGINATING DEPARTMENT CITY MANAGER NO. -'/- m - ~ POLICE APPROVAL: ITEM: Ordinance Amending Ordinance No. 853, City BY: Thomas M. Johnson~~ BY: to Parking on DATE: June 29, 2001 ~¥u / DATE: NO Code of 1 977, and Pertaining Landscaped Surfaces BACKGROUND In November 1997 the City Building inspector amended Ordinance 7.205(3) in the hope that it would allow us to remove vehicles parked on landscaped areas where the owner of the car and/or property refused to come into compliance with our ordinance. During the last year it was discovered by the City Attorney and the Chief of Police that the change was made to the wrong ordinance and has actually extended the time we must leave an "abandoned" or "junk" vehicle before we can tow it. The amendment should have been added to our parked on landscaped surfaces, Ordinance No. 853, City Code of 1977, Section 7, 5A.207(1)(b)(i). ANALYSIS/CONCLUSION In order to rectify this problem, the City Attorney and the Chief of Police are recommending that Ordinance No. 853, City Code of 1977, Section 7, 5A.207(1)(b)(i) be amended to allow for the impoundment of"unauthorized" vehicles, which is what vehicles parked on landscaped surfaces actually are. (See attached ordinance proposal). RECOMMENDED MOTION: Move to waive the first reading of Ordinance 1434, there being ample copies are available to the public. Move to establish the second reading of Ordinance 1434, being an Ordinance amending Ordinance 853, City Code of 1977, and pertaining to parking on landscaped surfaces, for Monday, August 13, 2001, at approximately 7:00 p.m. TMJ:mld 01-113 Attachment COUNCIL ACTION: ORDINANCE NO. 1434 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND PERTAINING TO PARKING ON LANDSCAPED SURFACES The City of Columbia Heights does ordain: Section 7: Screening and landscaping Every yard of any premises on which a dwelling or dwelling unit is located shall have installed and maintained landscaping in accordance with the provisions of this section. (i) Sodding and ground cover. All exposed ground area surrounding the principal building and accessory buildings that are not devoted to driveways, parking areas, sidewalks, or patios, shall be sodded or landscaped with shrubs, trees, gardens, or other ornamental landscape materials. No landscaped area shall be used for the parking of vehicles or storage or display of materials, supplies, or merchandise. is hereby amended to read as follows: Section 7: Screening and landscaping Every yard of any premises on which a dwelling or dwelling trait is located shall have installed and maintained landscaping in accordance with the provisions of this section. (i) Sodding and ground cover. All exposed ground area surrounding the principal building and accessory buildings that are not devoted to driveways, parking areas, sidewalks, or patios, shall be sodded or landscaped with shrubs, trees, gardens, or other ornamental landscape materials. No landscaped area shall be used for the parking of vehicles or storage or display of materials, supplies, or merchandise. The owner of an unauthorized motor vehicle shall be given notice of violation by the City and will be given fifteen (15) days to take corrective action. Corrective action shall be defined as: (1) An owner has taken corrective action when the vehicle is legally parked and in compliance with all applicable City Ordinances and State requirements for an operable vehicle on public roads. In the vent corrective action was not taken within fifteen (15) days from the notice of the violation, the city may take the vehicle into custody, impound it, and the vehicle is eligible for disposal or sale as an tmamhofized vehicle under section 168B.08, 45 days after notice to the owner. This Ordinance shall be in full force and effective 30 days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: July 23, 2001 ORIGiNATING DEPARTMENT: CITY MANAGER'S AGENDA SECTION: r-~ -/~ _L~ Community Development APPROVAL NO: ITEM: Second Reading of Ordinance BY: Randy Schumacher~D~.~ 1430, Conveyance of Property DATE: July 19, 2001 ~:~a:l::~ located at 4401 Quincy Street NE. BACKGROUND: In 1998, the City of Columbia Heights applied to Anoka County for $70,000 Funds to acquire two properties in our Scattered Site Tax Increment Financing District. The purpose of this district is to remove substandard, dilapidated homes and replace them with newer homes. At the February 15, 2000 EDA Board meeting, staff brought forward the proposal to acquire 4401 Quincy Street NE. (presently on the TIF scattered site homes to be purchased list). The Sale and Development Agreement has been reached with Twin Cities Habitat for Humanity for the City to receive $35,650 in exchange for the double lot on 4401 Quincy and the vacant lot at 3913 Polk Street. Habitat for Humanity would be responsible for the removal of the Quincy home and the construction of three new single-family structures. The Columbia Heights Economic Development Authority took action at it's June, 2001 Board meeting to authorize the sale of 3913 Polk Street NE to Twin Cities Habitat for Humanity, contingent upon City Council action on the Development Agreement. In addition, the City has obtained an appraisal from Watson Appraisal and Consultant Services Inc., which reflects the market value in the Sale and Development Agreement. The next step in executing the development agreement for redevelopment of 4401 Quincy is to conduct the Second Reading of Ordinance 1430, authorizing the conveyance of real estate. This property consists of lots 16, 17, and the south one half of block 18, block 11, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. Twin Cities Habitat for Humanity would acquire the property for $35,650 and redevelop said site per the terms in the Sale and Development Agreement. RECOMMENDED MOTION: Staffis recommending the City Council approve Ordinance number 1430, authorizing the conveyance of certain real estate located at 4401 Quincy Street NE., Columbia Heights, Minnesota. RECOMMENDED MOTION: Move to waive the Reading of Ordinance Number 1430, there being ample copies available to the Public. MOTION: Move to Adopt ordinance 1430, being an Ordinance authorizing the Conveyance of certain real estate located at 4401 Quincy Street NE., in the City of Columbia Heights. Attachments COUNCIL ACTION: h:\CL consent2001\Second Reading of Ordinance 1430 ORDINANCE No. 1430 BEING AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 4401 QUINCY STREET N.E. IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Section 1: Authorization of Sale of Real Estate. The City of Columbia Heights shall sell and convey unto Twin Cities Habitat For Humanity the real property described as follows, to wit: Lots 16, 17, and the South one half of Lot 18, Block 11, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. PIN 35 30 24 11 0054 Section 2: The Mayor and City Manager are herewith authorized to execute the quit claim deed to effectuate the conveyance of said real estate for carrying out the terms of the SALE AND DEVELOPMENT AGREEMENT and of this ordinance. Section 3: This sale must meet all State and Federal Home Grant requirements prior to closing. Section 4: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Offered By: Seconded By: Roll Call: July 9, 2001 July 23, 2001 Mayor GaryL. Peterson Patficia Muscovitz, Deputy City Clerk COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES July 2, 2001 The meeting was called to order by Chair, Barbara Miller at 6:05 p.m. Those present were Nancy Hoium, Patric~a Sowada, Catherine Vesley, Julienne Wyckoff, Barbara Miller, and Becky Loader. It was moved, seconded, and passed to approve the minutes of the June 5, meeting as mailed. The bill list of June 25, 2001, was reviewed. It was moved, seconded, and passed that they be paid. The bill list of July 9, 2001, was reviewed. It was moved, seconded, and passed that they also be paid. The accounting was reviewed. Line item 1400 for Unemployment Compensation was noted. Old Business: 1. Page update was provided. Three conditional offers became permanent offers as of today. Beth Gilles, Jenny Niznick and Ben Pressler will begin training in August. They will be on board for fall schedule. There will be an advertisement in September to fill the remaining two page openings. The Clerk position has not been filled. The job will be re-advertised on August 19 and 26. The ad has been changed to include more description and the regular hours. Applications will be accepted through September 6. Testing will take place the week of September 10, interviews will be on the 25th and 26th of September. The parade was a huge success. Public feedback has been very positive. Pictures taken that day were shared with the Board. The Board would like to commend Marsha, Alicia and the staff for all of their hard work and excellent execution of a very popular parade entry. 4. The registrations for the summer reading clubs are up this year. There are 431 registered for "Wolfin' Down Books" and 68 registered for "Trivia Time Warp." New Business: 1. The crossover statistics were reviewed. The use of a guest card to provide access to non-residents of our Interact Browsers was brought up as a discussion item for possible future action. This primarily is for people from out of state who may be here caring for an aging parent, visiting relatives in the area etc. The library would retain the guest card and these individuals would still have to provide a photo ID from their home state. No policy was set at this time. 3. St. Paul Public is the first Twin Cities library to install time-monitoring software on Internet Browsers. This means that after a specified amount of time, the browser would turn off. The 2002 library budget was reviewed. Everything was done electronically this year. There is a great deal of confusion about the impact of the State budget that was passed. The City Manager has requested a document that would show service cuts necessary to achieve a 5% increase, a 0% increase, and a 5% decrease. There was discussion on items that could be eliminated or possible alternate sources of funding that could be used such as grants. 5. The replacement of a float set connected to a visible and audible alarm on the sump pump was noted. 6. Evening supervisor, Barb Kondrick, edited the newsletter for July during Mary's absence. The Board was invited to check out the new look. 7. Dalco inspected the roof on June 19. 8. The possible change of date for the August meeting due to National Night Out was discussed. The Board chose to retain the regular meeting date of August 7. There being no further business the meeting was adjourned. Respectfully submitted, Jeanine M. Schmidt Secretary to the Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or ernployment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights services, programs, and activities. 2 OFFICIAL PROCEEDINGS COL~IA HEIGHTS TRAFFIC COM/VlISSION JULY 2, 2001 The meeting of the Traffic Commission was called to order at 7:00 p.m. by Commissioner Sturdevant at 7:00 p.m. I. ROLL CALL Members present: Members absent: Anderson, Goodman, Sturdevant, Stumpf Carlson Staffpresent: Kathyjean Young, Assistant City Engineer Bill Roddy, Police Captain II. APPROVAL OF JUNE 4, 2001 MINUTES Motion by Goodman, second by Stumpf, to approve the minutes of the June 4, 2001 meeting. Motion carded unanimously. III. OLD BUSINESS A. PUBLIC HEARING TO DESIGNATE 30-MINUTE PARKING IN FRONT OF 4024 AND 4028 CENTRAL AVENUE Ms. Jennifer Bryan, owner of Balkan Express Coffee Shop at 4028 Central Avenue is requesting 30-minute parking designation in the cut-out in front of her Coffee Shop and Budget Computer at 4024 Central Avenue from 7 a.m. to 5 p.m. Monday through Friday. The reason for the request is to ensure that the parking spots turn over frequently as the coffee shop business is primarily commuter drive-by and impulse, and is dependent on easy access parking in front of the shop. Currently the block is posted 1 hour parking from 8 a.m. to 5 p.m. Monday through Friday. Public hearing notices were sent to property and business owners along the west side of Central Avenue. The Hearing notice was also published in the Focus on 6/21/01. Dutch and Gen Kuppe, owners of the building at 4020 and 4022 Central Avenue expressed concern with the 30-minute parking which they felt was not long enough. She also expressed concern with congestion on the west side of Central Avenue in the 3700 block. Commissioner Sturdevant indicated that the 30- minute parking will be temporary. Parking will remain on the west side of Central, however, the "bump outs" will be removed with the proposed construction. Official Proceedings Columbia Heights Traffic Commission July 2, 2001 Page 2 IV. Motion by Goodman, second by Anderson, to recommend the City Council designate 30-minute parking from 7 a.m. to 5 p.m. Monday through Friday in front of 4024 and 4028 Central Avenue until construction begins on Central Avenue. Motion carried unanimously. OTHER OLD BUSINESS None. NEW BUSiNESS REQUEST TO 1NSTALL TWO HANDICAPPED PARKING SPACES AT 1400 47TM AVENUE N.E. A request has been received from Mr. and Mrs. Robert Greenwell, caretakers of the apartment building at the above address, to install two handicapped parking spaces at 1400 47th Avenue N.E. One space is for them and the other is for a renter in unit #18. The off-street parking for the apartments is behind the building. The elevation difference between the parking lot and the first floor of the apartment building is about 6' to 8'. On-street parking is level ~vith the first floor and would be more accessible. Mrs. Greenwell, caretaker of the building, ~vas present expressing the need for her husband to have a handicap parking space accessible as he is medically disabled. Glenn Ottman and Amy Strom of unit # 18 were also present expressing their need for a handicap parking space as Glenn has difficulty in getting from the parking lot to his apartment. Having a handicap parking space on the street will save him steps to his apartment. He also has medical disabilities. Both have handicapped parking permits. There are 20 units in the building. The ADA guideline is one handicap spot for 5% of the units ~vith a minimum of 1. According to the City Attorney, the City is not required to install a handicap parking sign on the street. Commissioner Sturdevant made both parties aware that anyone with a handicap permit can park in the handicap spots. Official Proceedings Columbia Heights Traffic Commission July 2, 2001 Page 3 Motion by Anderson, second by Stumpf, to install two handicap signs in front of 1400 47th Avenue, one each on either side of the walkway, said sign(s) to be removed when the tenants requesting the sign are no longer residents. Motion carried unanimously. VI. OTHER NEW BUSINESS None. REPORTS A. CITY ENGINEER As the regular meeting day of the Traffic Commission in September falls on Labor Day, an alternate date of Wednesday, September 5, 2001, was scheduled. Staff reported that a handicap parking sign had been installed at 4937 4th Street. VII. B. POLICE CHIEF VIII. C, COMMISSIONERS Commissioner Goodman reminded staffthat the re-striping of the parking lot at the Columbia Heights Mall has not been done. Staffwill call the owner of the Mall as it is not the City's property. ADJOURNMENT Motion by Goodman, second by Stumpf, to adjourn the meeting at 7:25 p.m. Respectfully subm)~ Traffic Commission Secretary PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING JULY 10, 2001 7:00 PM The meeting was called to order at 7:00 pm by Chairperson Ramsdell. Roll Call: Commission Members present-Ramsdell, Ericson, Schmitt, and Yehle. Commission member Johnson was not in attendance. Also present were Tim Johnson (City Planner), Marlaine Szurek (Council Liaison), Shelley Hanson (Secretary), Robert Donsker, Rich Abraham and Harold Hoium. Motion by Yehle, seconded by Ericson to approve the minutes from the meetings of May 1, 2001, and June 5, 2001, as presented in writing. All Ayes. MOTION PASSED. NEW BUSINESS A. Site Plan Review Case #2001-0712 Robert Donsker DDS 3844 Central Avenue NE Planner Johnson presented the request of Robert Donsker for site plan approval to allow a 16 foot by 26 foot (416 sO, two story addition at 3844 Central Avenue NE. The proposed addition would allow for a business office and expanded reception room. The property to the north, south and east is zoned GB, General Business District, and is used commercially. The property to the west is zoned R-3, Multi Family and is used residentially. The subject property is zoned GB, and the use of this property as a dentist office is a permitted use in this district. The setbacks requirements are being met even with the addition offthe rear of the building. The number of parking spaces required according to Section 9.612(10) of the ordinance, would be 7. The site plan submitted indicates the clinic will have 9 off street parking spaces in the rear in addition to the garage parking. Kevin Hansen, the Public Works Director, and Tim Johnson, Planner, both agree the proposed parking configuration is the appropriate design for this lot. Currently, handicap access is only available through the front of the building. The city could request a handicap stall be provided in the rear, but this would require Dr. Donsker to install an elevator, which could be very cost prohibitive. Dr. Donsker stated the latest plan by MN DOT for the Central Avenue Improvements include a cut in space to allow for a handicap parking space in front of his business. He was asked if this would affect the placement of his sign, and he stated he felt the sign would be fine at the present location. Staff recommends approval of the site plan as it meets the requirements of the Zoning Ordinance and is in compliance with the City's Comprehensive Plan. Motion by Schmitt, seconded by Yehle to approve the site plan to allow a two story 16foot by 26 foot addition onto the rear of the existing building at 3844 Central Avenue NE. All Ayes. MOTION PASSED. PLANNING & ZONING COMMISSION MINUTES OF THE MEETING OF JULY 10, 2001 PAGE 2 B. Acquisition of 500 Mill Street The existing single family home at 500 Mill Street is being acquired by the City Council. The intention is to use the property in the future as an addition to Hnset Park. Minnesota Statute 462.356 requires that ifa City has a Comprehensive Plan, it must notify the Planning Commission of the intent to purchase or sell land. The newly adopted City Comprehensive Plan designates this property for parkland use, and therefore, is consistent with the future plans for this property. Council member Marlaine Szurek reported that the City Council had voted to purchase this property at their meeting of July 9, 2001. They have an agreement with the owner to allow the present tenant the fight to continue living there for three years with the possibility of a one year extension. This is an agreement that was mutual between the current property owner and the City, and is not a forced sale, or a condenmation. Motion by Ramsdell, seconded by Yehle to support the action of the Columbia Heights City Council to acquire the property at 500 Mill Street NE, provided the future development of this parcel remains consistent with the City Comprehensive Plan. All ayes. MOTION PASSED. C. Acquisition of 4401 Quincy Street; Sale of 3913 Polk Street The Columbia Heights EDA currently owns the vacant lot at 3913 Polk Street, which it is selling to Habitat for Humanity for $1. Habitat intends to build an affordable single family home on this property. The existing sub standard home at 4401 Quincy is proposed to be acquired by the City Council, by utilizing $70,000 in HOME Funds, a $17,500 city match, and $35,650 in monies from Habitat for Humanity. In its place (after demolition), Habitat for Humanity will be constructing two owner-occupied affordable units. Again, according to Minnesota Statutes 462.356 the City must notify the Planning Commission of the intent to purchase or sell land, if the City has a Comprehensive Plan. The Comprehensive Plan designates both properties for future low density residential development, which includes single or two family development. The proposal is, therefore, consistent with the Plan. Motion by Ericson, seconded by Yehle to support the action of the Columbia Heights City Council to sell the property at 3913 Polk Street and to acquire the property at 4401 Quincy St., provided the final development proposals remain consistent with the City's Comprehensive Plan. All Ayes. MOTION PASSED. PLANNING & ZONING COMMISSION MINUTES OF THE MEETING OF JULY 10, 2001 PAGE 3 STAFF REPORTS Johnson presented a memo regarding comparisons for allowances for accessory structures. He also provided several options to be considered by the Commission. Johnson reported that he had gone back to the 1980's and researched how many variances have been requested for allowing larger accessory structures. He stated there had only been three and those three have all been in the last three years. The Commission members discussed this issue and reviewed the comparisons of the 15 other cities that were surveyed. The general consensus was that our Ordinance is in line with other cities and also covers at least 80% of the lots in Columbia Heights. They didn't feel it was necessary to change the language of the Zoning Ordinance that was just passed by the City Council. Richard Abraham from 3954 Arthur Street made some comments. He feels Columbia Heights should use foresight, not hindsight. He said three cases in the last three years show that times are changing, and that families have more items that need to be stored now than families used to. He understands that ordinances need to be tweaked or changed as situations change throughout the years. This Ordinance is "A Work in Progress". He feels additional language is needed to cover allowances for homeowners with larger lots to accommodate their needs also. He felt the percentage of lot coverage already limits the size of an accessory structure so there is no need to limit by square footage also. Commission members felt that using the percentage of lot coverage rule as the only criteria was not appropriate in Mr. Abraham's case. Ericson questioned what he would propose. Mr. Abraham pointed out that 6 cities on the list allow more square footage for accessory structures than Columbia Heights, and that 5 cities don't count attached garages as accessory structures. He felt this type of language should also be adopted by Columbia Heights. Ramsdell stated that approximately 80% of the garages in Columbia Heights are detached, so the footage would be counted as an accessory structure. The size of the lots in Columbia Heights already deter us from increasing the square footage amount. Council Member Szurek felt the Commission members should take a closer look at this issue to prohibit variances being needed at all. If the wording were amended to close some of the loop holes, and still accommodate those with larger lots, it would ultimately make the commission's job and the council's job easier. In changing the wording we would have more control over excessive sized structures being built. Commission member Schmitt stated if we eliminate attached garages as being an accessory structure that a person could conceivably build 5, 6, 7 attached structures to a home without limits. PLANNING & ZONING COMMISSION MINUTES OF THE MEETING OF JULY 10, 2001 PAGE 4 After more discussion, Planner Johnson was directed to amend the wording of the ordinance as follows: To eliminate attached garages as being counted as an accessory structure To limit the square footage/size of an attached garage-not to exceed a three car garage To allow for a detached accessory structure not to exceed the percentage of lot coverage now in effect To allow an accessory structure not to exceed 600 square feet if the pementage of lot coverage allows for this. The amendment also needs to clarify the footprint of the house does not include the square footage of an attached garage when determining that accessory structures cannot be larger than the home. Planner Johnson will forward the amendment to the Commission members for their review before publishing this to see if it encompasses all of the concerns that were addressed. A Public Hearing will be held at the next meeting so the Commission's recommendation can be passed on to the City Council for their action. Harold Hoium-4315-17-21 5th Street- addressed the commission regarding two new houses built by Habitat for Humanity on 43r~ and 7th Street. He had concerns regarding the design of the two homes and the fact that Habitat leaves a lot of construction debris around the site that he felt should be cleaned up better. The commission members advised him to see the Building Inspector regarding these complaints. Motion by Ericson, seconded by Yehle, to adjourn the meeting at 8.'05pm. All ayes. MOTION PASSED. Respectfully submitted, Shelley Hanson Recording Secretary COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) REGULAR MEETING MINUTES OF JUNE 26, 2001 CALL TO ORDER - The Regular Meeting of the Columbia Heights Economic Development Authority (EDA) was called to order by Vice President, Jindra at 6:31 p.m., Tuesday, June 26, 2001, in the Park~,iew Villa Community Room A, 965 40~ Avenue NE, Columbia Heights, Minnesota. ROLL CALL Commission Members Present: Patricia Jindra, Gary Peterson, Julienne Wyckoff, Bruce Nawrocki, and Bobby Williams Commission Members Absent: Robert Ruettimann, Marlaine Szurek, Staff Present: Randy Schumacher, Acting Community Development Director Mark Nagel, Community Development Staff Cher Bakken, Community Development Secretary Anita Kottsick, Parkview Villa Housing Administrator Shirley Barnes, CEO, Crest View Corporation CONSENT AGENDA (These items are considered to be routine by the EDA Board of Commissioners and will be enacted as part of the Consent Agenda by one motion). A. Adopt the consent agenda items as listed below. 1) Approval of Minutes - regular meeting of May 2001 2) Financial Report and Payment of Bills a. Financial Statement - May, 2001 b. Payment of Bills - May, 2001 Move to approve Resolution 2001-09, Resolution of the Columbia Heights Economic Development Authority (EDA) approving the financial statements for May, 2001 and approving payment of bills for May, 2001. MOTION by Nawrocki, second by Williams, to adopt the consent agenda items with the following amendment to the last paragraph of the minutes. All ayes. MOTION CARRIED. It should read: Nawrocki requested staffprovide the answers to the following questions on the current lease agreement for Parkview Villa. 1) Why do we use a month-to-month lease instead of a 6-month or 12-month? 2) Do we nm Credit Checks on prospective tenants? 3) Do we nm Background Checks on prospective tenants? 4) Do we charge any late fees to residents? Nawrocki stated that when an EDA meeting is rescheduled, all of the Councilmembers should be called prior to setting the new date, which was not done by stafffor this meeting. REPORT OF THE MANAGEMENT COMPANY Kottsick reported the air conditioning was down on June 11 and was fixed on the 13'~. Another system went down on the 18~ and fixed on the 19a. The South apartments were inspected the end of May and all repairs to be made are scheduled. Staff training on the new software system was done the week of June 18, 2001. Installation of the Security System is scheduled to begin June 25'n. Kottsick attached to her report an information sheet answering questions asked by the Board at the May, 2001 meeting, which she reviewed with Nawrocki. Economic Development Authority Meeting Minutes June 26, 2001 Page 2 of 5 Nawrocki provided information sheets for Management's review, that provided legal information on the Month-To-Month Lease, Credit Check, Charging Late Fees, and Background Chec,~, Nawrocki questioned staff at the last meeting about the necessity of having a Brokers License for Parkview Villa. Staff stated the City Attorney verified it was not necessary. Nawrocki requested in May that staff get this put into writing by our Attorney and present it to him, which has not been done. Nawrocki checked with his attorney, and the state statutes. The information he gathered stated the EDA Board does need a license. Schumacher stated staff was directed by ~Valt Fehst, that the City Policy states anything requested of the City Attorney needs to be put into writing. Schumacher indicated staff would be happy to arrange for this. ~illiams indicated there is a resident of Columbia Heights, Ken Koch, 4042 Arthur Street, that does security system work and asked why he was not included in the biddingprocess and indicated he would like Mr. Koch added to the bidding list for any future security systems. In the discussion that followed, it was determined that the actual bidding process was done a couple of times over the years and the Board chose Trans-Alarm, Inc. due to the fact the City Police Department already had $8,000-$9,000 in software equipment that was needed for the system. Schumacher stated there is a one-year contract on the new system and after that period of time, staff will look for a maintenance agreement and will include Mr. Koch in the bidding process. ITEMS FOR CONSIDERATION - OTHER BUSINESS POLICY AND PROCEDURE FOR TRACKING CRIME AND CRIME RELATED PROBLEMS Kottsick reported the Policy and Procedure for Parkview Villa Nort, is required by HUD for tracking and addressing crime, and crime related problems, and needs to be adopted by the Board. Staff also recommended, adopting the Policy for Parkview Villa South and authorize staff to implement it immediately. Nawrocki asked for clarification of "Criminal Behavior" as written in the Policy. Kottsick explained criminal behavior is when a resident has a number of complaints in their file from the Police Department. Nawrocki felt this description was not specific enough and wanted the sentence regarding this matter better defined. Motion by Nawrocki to table this agenda item until next month when staff could explain "Criminal Behavior" in more detail in the Policy. Motion failed for lack ora second. MOTION by Peterson, second by Williams, to approve the Policy and Procedure for Tracking Crime and Crime Related Problems Form for Parkview Villa North and South Senior Housing Units; and furthermore, to direct staff to implement the policy immediately. Upon Vote: Peterson - Aye, Nawrocki- Nay, Wyckoff- Aye, Williams- Aye, Jindra- Aye. Motion Carried. POLICY AND PROCEDURE FOR SCREENING APPLICANTS CRIMINAL HISTORY Kottsick stated the Policy and Procedure required by HUD, needs to be adopted by the Board for screening applicants at Parkview Villa North. The past few years, staff has screened applicants criminal history without having an adopted Policy and Procedure addressing the screening process. Staff recommended the Policy also be adopted for Parkview Villa South and Tyler Senior Housing facilities, and to implement the policy imme. d. iately.· Economic Development Authority Meeting Minutes June 26, 2001 Page 3 of 5 Motion by Peterson, second by Wyckoff, to approve the Policy and Procedure for Screening Applicants Criminal History Form for Parkview Villa North/South and 4607 Tyler Street Senior Housing Units; and furthermore, to direct staffto implement the policy immediately. All Ayes. Motion Carried. HIRING OF A PART TIME CARETAKER Schumacher stated in past years Parkview Villa has experienced anywhere from $8,500 to $12,000 in overtime costs due to building and tenant needs. Currently, maintenance staff averages 14 hours of over~ime per pay period, with the majority of this time on weekend calls. If overtime continues there would be an additional cost of $10,566. To stabilize these costs, Crest View Management is recommending the addition of apart time caretaker position. By hiring apart time or weekend caretaker the estimated cost would be $5,000 with some limited overtime built into the budget due to needs of residents and the age of the building. Jindra asked Kottsick how the individual to fill the position would be found, through the newspaper or internally advertised. Kottsick indicated that this would be done internally. Barnes indicated there is a safety issue to be considered due to the age of the building and the seniors that reside there. Nawrocki questioned the procedure followed when scheduling employees for overtime hours and when this usually is necessary. Kottsick stated that most of the overtime is on weekends when there isn't any maintenance staff in house, or in special cases, like the elevator modernization project. The answering service on the weekends will only notify maintenance to come in if there is a safety issue of the residents otherwise messages are taken. Motion by Williams, second by Peterson, to authorize the hiring of a part-time or weekend Caretaker at Parkview Villa, not to exceed $5,000 in annual expenditures. Upon Vote: Peterson- Aye, Nawrocki- Nay, Williams- Aye, Wyckoff- Aye, Jindra- Aye. Motion Carried. TRANSFER OF HOME MORTGAGE LOANS Nagel reported there are two outstanding Home Mortgage Loans the EDA made in 1979. The first, Chartraw/Uecker was closed on June 1, 1979for 30years with monthly payments of $381.34 and a remaining balance of $20,243.70 at 5%. The second loan, Neilsen was a 30-year mortgage closed on July 1, 1979 with monthly payments of $318.60 and a remaining balance of $18, 699.35 at 5%. Both loans are up to date. At the May 15'h EDA meeting, staff was directed to check into selling the loans to a mortgage company. Local banks were contacted and one offer was received from Community Reinvestment Fund (CRF) for 86.91% of par value. CRF will purchase the two loans for $33,689.61 or 86.86% of the remaining balances. Therefore, staff recommended the Board sell the 2 Home Mortgage Loans to CRF and the proceeds be placed into the Business Revolving Loan Fund. Nawrocla' questioned where the interest from the two loans has gone for the past 22years. Staff agreed to cheek with the Finance Department and inform Nawrocki. Economic Development Authofi~MeetmgMinutes June 26, 2001 Page 4 of 5 Motion by Peterson, second by Wyckoff, to approve the sale of the ChartrawfkYecker and Nielsen Home Mortgage Loans to Community Reinvestment Fund for approximately $33,689.61 with the proceeds fi.om the sale to be placed in the Business Revolving Loan Fund and transfer the Mortgage Insurance; and furthermore to authorize the President and Executive Director to enter into an agreement for the same. Upon Vote: Peterson- Aye, Nawrocki- Nay, Williams- Aye, Wyckoff- Aye, Jindra- Aye. Motion Carried. SECTION 8 REPAYMENT AGREEMENT Nagel reported in April of 1999, the EDA agreed to a loan with Mr. Hagen, a Section 8 recipient for $1,334 with payments of $55.63 per month over a 2-year period. To date, the EDA has received a total of $950.26 with no payments since November of 2000. Hagen is currently homeless with no forwarding address. In checking with the Anoka County Social Services Department, Hagen is no longer on the Section 8program. Staff recommended the loan be declared uncollectible and that no future loans of this type be issued. Motion by Peterson, second by Williams, to declare the remaining balance of $384.74 of the loan repayment agreement with Duane Hagen, a Section 8 recipient, uncollectible. All Ayes. Motion Carried. 2001 PUBLIC HOUSING CAPITAL IMPROVEMENT PROGRAM Nagel stated the Public Housing Capital Improvement Program is the final piece of the Annual Public Housing Agency Plan to be submitted to HUD. Staff provided spreadsheets of all capital equipment items over the next 40 years and in doing so, focused attention on the necessary improvements for 2001 and the next 5 years. Parkview Villa South requires improvements over the next 6years that are relatively inexpensive like siding, roofing, and windows. Whereas, the needs of Parkview Villa North over the next 6years will almost match the amount of expected CIAP revenues available to the EDA, of approximately $800, O00. The Capital £mprovements Committee will start meeting sometime in July to work on the 2002plan, which is due at the end of the year. At this time, staff recommended the Board approve the 2001 Capital Improvements Plan to be submitted to HUD with the Agency Plan. Motion by Wyckoff, second by Williams, to approve the 2001 Capital Improvements Program and authorize submittal to the Department of Housing and Urban Development, along with the Agency Plan and furthermore, recommend the Board set a meeting of the Capital Improvements Committee for sometime in July. All Ayesi Motion Carried. HOUSING UPDATE Nagel stated he has been working on the following issues: 1) Development Agreement details with Chris Winters, from Real Estate Equities; 2) Transferring the loans currently administered by the Community Development Department Secretary and the Finance Department, 3) the Parking Ramp issues; 4) fence placement around the Habitat for Humanity Home on 7~ Street, and many other issues. ADMINISTRATIVE REPORTS - ACTING DEPUTY EXECUTIVE DIRECTOR MONROE PROPERTY UPDATE Upon Walt Fehst's request, Schumacher presented some details to the Board for the property at 4656 Monroe. The property is a corner lot, 82 x134 in size, single family, zoned R-2, it is valued at $31,300 for 2002, and CDBG dollars were used to purchase the property back in 1995for $33,000 with approximately another $800 in closing fees. There are two options to consider on the sale of the property; 1) Sell to a developer to build a low-income housing unit; and 2) Sell it on the open market and payback approximately $37,000 ~ o~ .the County. Economic Development Authority Meeting Minutes June 26, 2001 Page 5 of 5 Nawrocki requested staff get the actual amount attached to the CDBG funds if we sold the property on the open market. ANOKA COUNTY LETTER APPROVING CDBG FUNDING FOR 2002 Schumacher explained that staff received a letter from Angela Stamper, Financial Analyst in the Anoka County Community Development Department on May 29, 2001. Anoka County approved the CDBG funding for the 417n Avenue improvement project (Conoco.) in the amount of $175, 000, which will be available to the EDA afier July 1, 2001. A meeting will be scheduled with the County to go over new procedures, requirements, and who the qontact will be for the project. ~yckoff asked if anyone has inquired about the property for development. Schumacher stated he recently met with a developer, John Allen, for possible development in the area of 3 7h and University. Allen has done a lot of the development in the City of New Brighton, which is very well done. A follow- up meeting to discuss some specific issues involved will be set up in the near future. KENNEDY AND GRAVEN LETTER REGARDING TRANSFER OF ACTMTIES TO I-IRA Schumacher reported that the letter from Kennedy and Graven was submitted to the Board which clarified the issues involved in transferring some of the activities from the EDA to HILl as requested at the May, 2001 meeting. RESIDENT COUNCIL MEETING MINUTES OF JUNE 11, 2001 A copy of the minutes from the Resident Council meeting held on June 11, 2001 was submitted by Jindra. No discussion was received. MEETINGS The next EDA meeting is scheduled for 6:30 p.m., Tuesday, July 17, 2001 in Community Room B at Parkview Villa. ADJOURNMENT The meeting was adjourned at 8:22 p.m. by Vice President, Jindra. Respectfully submitted, Recording Secretary H:\EDAminutes2001 \6-26-2001