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HomeMy WebLinkAboutOctober 24, 2005 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING OCTOBER 24, 2005 The following are the minutes for the regular meeting of the City Council held at 7:08 p.m. on Monday, October 24,2005 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. Mayor Peterson apologized for the late start ofthe meeting indicating Councilmember just completed an executive session to discuss labor negotiations. CALL TO ORDER/ROLL CALL/INVOCATION Pastor Greg Loper, Christlife Evangelical Church, gave the invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Ericson Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Peterson added an announcement by Pastor Dan Thompson. Nawrocki requested to add budget discussion, letter from Walker Methodist to HRA, and to allow him to speak at the beginning of the meeting relative to the last meeting. Peterson placed the items under Other Business, items B3 and B4. Nawrocki stated that minutes ofthe last meeting indicate the discussion became personal and tempers flared. The City Manager called him to apologize for any disparaging COlmnents and showing some of his temper. This showed leadership, as it is hard for anyone to apologize. Nawrocki commended Williams for trying to improve relationships on the City Council. Nawrocki stated that he does not apologized for bringing up items, as he believes in open government and giving items proper attention. He stated that he has the right to make COlmnents without being interrupted. Nawrocki indicated that he takes offense to the comment that nothing has being done in the city in the last 30 years. He listed major projects completed and the number of parks in the city. He expressed that we have a good city staff in general, that looks for cost effective use of citizen funds. He read an email received from Steve Tiedman indicating disappointment in the behavior at the last meeting. Nawrocki stated he spoke to him on the phone and read the follow up letter thanking him for the call. Nawrocki stated he watched the tape ofthe last meeting and does not apologize for bringing items fOlward at Council meetings, but stated that he will try to do so more respectfully. He read a letter of support from Mr. Warner. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS Introduction of New Employee - Sue Sartwell, Accounting Clerk II-Finance Fehst stated that Ms. Sartwell replaces Barb Kelzenberg, and comes highly regarded. Sue Sartwell listed her background. Guests Pastor Dan Thompson stated his congregation and others in the cOlmnunity wanted to find a way to say thank you to our veterans. They found inspiration in a film. Thompson stated that on Friday, November 4th at I :00 p.m. the film "Bridge Over the River Kwai" would be shown free to any military personnel, current or fonner. All others are asked for a $10 donation toward the MN National Guard family fund. City Council Minutes October 24, 2005 Page 2 of 15 Miscellaneous Nawrocki brought forth the COlmnent from Harold Hoium that he received late notification of the abatement healing on his property and asked the effect this would have on the process. Jim Hoeft, City Attorney, stated the procedure was handled as required. Fire Chief Gary GOl1TIan stated proper notice was mailed to the property on 5th Street and his current address on 3rd Street by regular mail and certified mail. Nawrocki asked ifthere was a receipt received on the notice. Harold Hoium stated the letter he referred to was dated October 4th, and that the letter was not available to him until after the Council meeting of October 10. Gorman stated that Hoium was notified prior to the hearing date by a minimum often days. Hoeft stated Hoium received the administrative search warrant the day following the meeting. Gorman indicated that Hoium was found and served the search warrant three hours into the abatement process. CONSENT AGENDA Walt Fehst, City Manager, took Councilmembers through the consent agenda. 1) Approve City Council Meeting Minutes for October 10, 2005 regular City Council meeting Motion to approve the minutes of the October 10, 2005 regular City Council meeting as presented. 2) Accept Boards and COlmnissions Meeting Minutes a) Motion to accept minutes ofthe August 24, 2005 Park and Recreation Commission meeting. Nawrocki requested infonnation on the Sullivan Park improvements reference in the minutes. 3) Adopt Resolution No. 2005-64 being a Resolution certifying Petition and Waiver Assessments for Private Water Services - Removed 4) Adopt Resolution No. 2005-61, being a Resolution to approve application to MN DEED for contamination cleanup grant for Phase III of the Industrial Park. Motion to waive the reading of Resolution No. 2005-61, there being ample copies available to the public. Motion to adopt Resolution 2005-61, being a Resolution to approve application to the MN Department of Employment and Economic Development for a Contamination Clean Up Grant and cOlmnitment of local match. RESOLUTION 2005-61 RESOLUTION AUTHORlZING APPLICATION FOR MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT CONTAMINATION CLEANUP GRANT PROGRAM AND COMMITMENT OF LOCAL MATCH WHEREAS, the City Council of the City of Columbia Heights (the "City) has given their support to a master plan for redevelopment of industrial area properties; and WHEREAS, the City has found that there exists conditions of deterioration, blight, substandard structures, and environmental concerns, and there exists a need (due to blighting influences) for intervention by the City to prevent further deterioration and promote redevelopment of the industrial area; and WHEREAS, the City has recently identified and completed Phase I and Phase II assessments of all industrial properties in the industrial planning area in which various potential contanlinants were identified, with the City submitting a Response Action Plan (RAP) to the MPCA for cleanup; and WHEREAS, the total legislative appropriation for this grant progranl for fiscal years 2006-07 is $4,362,000, and the DEED grant requires applicants to pay an amount equal to 12 % of the cleanup costs from City Council Minutes October 24, 2005 Page 3 of 15 unrestricted money available to the City. With the local match to be an internal loan from the Capital Improvement Redevelopment Fund 420 and to be repaid at a five-percent interest rate; and NOW, THEREFORE BE IT RESOLVED that the City of Columbia Heights has approved the Contamination Cleanup grant application submitted to the Department of Employment and Economic Development (DEED) on October 25,2005, by the City of Columbia Heights for Phase ill of the Industrial Park; and BE IT FURTHER RESOLVED that the City of Columbia Heights acts as the legal sponsor for the Contamination Cleanup Grant Program to be submitted on October 25, 2005, and that Walt R Fehst, Executive Director, is hereby authorized to apply to DEED for funding on behalf of the City of Columbia Heights, Minnesota; and BE IT FURTHER RESOLVED that the City of Columbia Heights has the legal authority to apply for fmancial assistance, and the institutional, managerial, and fmancial capability to ensure adequate project administration; and BE IT FURTHER RESOLVED that the sources and amounts of the local match identified in the application are committed to the project identified; and BE IT FURTHER RESOLVED that the City of Columbia Heights has not violated any Federal, State, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or unlawful or corrupt practice; and BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of Columbia Heights, Minnesota may enter into an agreement with the State of Milmesota for the above-referenced project(s), and that Columbia Heights certifies that it will comply with all applicable laws and regulations as stated in all contract agreements; and BE IT FURTHER RESOLVED that Walter R. Fehst is hereby authorized to execute such agreements as are necessary to implement the project(s) on behalf of the applicant; and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Columbia Heights, Minnesota has approved the Contamination Cleanup Grant Application submitted to the Department of Employment and Economic Development (DEED). I certify that the above resolution was adopted by the City Council. 5) Adopt Resolution No. 2005-62, being a Resolution to approve application to MN DEED for contamination investigation and RAP Development Grant Application for 39th and Central Fehst stated this is a $50,000 grant to research development at the Mady's site. Motion to waive the reading of Resolution No. 2005-62, there being ample copies available to the public. Motion to Adopt Resolution 2005-62, being a Resolution to approve application to the MN Deparhnent of Employment and Economic Development for Contamination Investigation and RAP Development Grant Application and cOlmnitment of local match. RESOLUTION NO. 2005-62 RESOLUTION AUTHORIZING APPLICATION FOR MN DEPT. OF EMPLOYMENT AND ECONOMIC DEVELOPMENT (DEED) GRANT FOR INVESTIGATING CONTAMINANTS AND COMMITMENT OF LOCAL MATCH WHEREAS, the City Council of the City of Columbia Heights (the City) has identified the redevelopment of the properties at 3939,3927 and 3905 Central Avenue, known as the 39th and Central Redevelopment Area, as a high priority for redevelopment; and WHEREAS, the City has found that there exists conditions of deterioration, blight, substandard structures and environmental concerus, and that there exists a need (due to blighting influences) for intervention by the City to prevent further deterioration and promote redevelopment of the site; and City Council Minutes October 24, 2005 Page 4 of]5 WHEREAS, the City has recently identified and completed Phase I assessments of all three properties in the redevelopment area in which various potential contaminants were identified; and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESONOT A, that the City has approved the Contamination Investigation and RAP Development Grant application submitted to the Department of Employment and Economic Development (DEED) on October 25,2005, by the City of Columbia Heights, Minnesota for the 39th and Central redevelopment site; and BE IT FURTHER RESOLVED that the City of Columbia Heights acts as the legal sponsor for the project contained in the Contamination Cleanup Grant Program to be submitted on October 25, 2005 and that the City Manager is hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on tlle behalf of Columbia Heights, Minnesota; and BE IT FURTHER RESOLVED that the City of Columbia Heights, Minnesota has the legal authority to apply for flllancial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration; and BE IT FURTHER RESOLVED that the sources and amounts of the local match identified in the application are committed to the project identified; and BE IT FURTHER RESOLVED that the City of Columbia Heights, Minnesota has not violated any Federal, State or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice; and BE IT FURTHER RESOLVED that upon approval of its application by the state, tlle City of Columbia Heights may enter into an agreement with the State of Minnesota for the above-referenced project, and that the City of Columbia Heights certifies that it will comply with all applicable laws and regulations as stated in all contract agreements; and NOW THEREFORE BE IT FINALLY RESOLVED that the City Council of the City of Columbia Heights, Minnesota is herby authorized to execute such agreements as are necessary to iri1plement the project 011 behalf of the applicant. 6) Adopt Resolution No. 2005-63, being a Resolution authorizing application to the Met Council for Tax Base Revitalization Account (TBRA) funding for Phase III of the Industrial Park. Fehst stated this application would be to obtain funding similar to Phase 1. Nawrocki questioned what would happen ifthe grant were not approved. Fehst stated that the developer would have to reassess their project, but indicated that the development agreement requires this application. Fehst stated the developer's requirements. Randy Schumacher, Project Manager, stated that if the grant were not approved, we would resubmit every six months for three application cycles. Our last application was ranked #1 in the state, and ground breaking for Phase II was held last week. Schumacher stated confidently that we would be funded, as our project is moving forward. Constmction will begin this week and the foundry will be demolished in a week and a half. If it were not funded after three cycles, it would be the Developer's decision as to what would happen. Fehst stated the beliefthat the project would continue. Williams stated that our city is on the move and doing great things. Our staff is getting grant money and we are proceeding. He listed the support given from all the different governmental agencies. Williams stated his excitement for this project. Motion to waive the reading of Resolution No. 2005-63, there being ample copies available to the public. City Council Minutes October 24, 2005 Page 5 of 15 Motion to adopt Resolution 2005-63, being a Resolution authorizing application to the Metropolitan Council for a Tax Base Revitalization Account (TBRA) Funding and commitment of local match. RESOLUTION 2005-63 RESOLUTION AUTHORIZING APPLICATION TO THE METROPOLITAN COUNCIL FOR TAX BASE REVITALIZATION ACCOUNT FUNDING WHEREAS, the City of Columbia Heights is a participant in the Livable Communities Act Housing Incentives Program for 2005 as determined by the Metropolitan Council, and is therefore eligible to make application for funds under the Tax Base Revitalization Account; and WHEREAS, the City has identified a contamination clean-up project within the City that meet the Tax Base Revitalization Account's purpose/s and criteria; and WHEREAS, the City has the institutional, managerial and [mancial capability to ensure adequate project administration; and WHEREAS, the City certifies that it will comply with all applicable laws and regulations as stated in the contract agreements; and WHEREAS, the City Council of Columbia Heights, Minnesota agrees to act as legal sponsor for the project contained in the Tax Base Revitalization Account application submitted on October 25, 2005; and BE IT FURTHER RESOLVED that the City Manager is hereby authorized to apply to the Metropolitan Council for this funding on behalf of the City of Columbia Heights and to execute such agreement as are necessary to implement the project on behalf of the applicant. 7) Approve the items listed for rental housing license applications for October 24,2005 Motion to approve the items listed for rental housing license applications for October 24, 2005 as they have met the requirements of the Housing Maintenance Code. 8) Approve Business License Applications Motion to approve the items as listed on the business license agenda for October 24, 2005 as presented (regarding the new licenses for 2006 and the renewals for 2005). 9) Approve Payment of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 114583 through 114742 in the amount of$I,005,104.73. Motion by Williams, second by Nawrocki, to approve the Consent Agenda items, with the exception of item #3. Upon vote: All ayes. Motion carried. #3 Adopt Resolution No. 2005-64 being a Resolution certifying Petition and Waiver Assessments for Private Water Services Nawrocki indicated he thought there would have been hearings on this requesting Council approval. Peterson stated this is for lead services from the house to the stop box. Kathy Young, Assistant City Engineer, stated that residents were allowed to obtain their own plumber or use the project contractor. Hoeft stated that the propeliy owner's petitioned the city for this option, signing a separate agreement to have the work done. This Resolution allows the cost to be celiified to their taxes. Nawrocki requested to see the signed agreements. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2005-64, there being ample copies available to the public. Nawrocki indicated he did not think the proper procedure was followed, and those affected should City Council Minutes October 24, 2005 Page 6 of 15 have been invited to this meeting. Peterson stated that proper procedure was followed. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2005-64, being a resolution to certify petition and waiver assessments to Anoka County for collection with the property taxes. Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. RESOLUTION NO. 2005-64 BEING A RESOLUTION TO CERTIFY PETITION AND WAIVER ASSESSMENTS WHEREAS, property owners petitioned the City Council for certain improvements and waived their rights for public hearings and appeals as provided in Minnesota State Statute; and, WHEREAS, said improvements have been completed; and, WHEREAS, this Council has heretofore estimated and fIxed the cost of such improvements and has prepared an assessment roll therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES Section 1: That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Petition and Waiver Construction Work" numbered 2005-SP-31-001. Section 2: That said assessments may be paid in part or in full without interest 011 or before November 15,2005. Any unpaid amount will be certifIed to Anoka County for collection with the real estate taxes beginning with the taxes payable in the year 2006. The annual principal installments, together with 5.5% accrued on the unpaid balance are due and payable with the real estate taxes for a period of ten years. Section 3: This resolution shall take effect immediately upon its passage. PUBLIC HEARINGS A) Adopt Resolution No. 2005-65 being a Resolution for Abatement at 4315.4317.4321 5th Street NE Fire Chief Gonnan answered the earlier question on certified mail, indicating he does have the return receipt that the letter was picked up on October 11 tho He stated that is the reason both regular mail and certified mail are used. The certified letter for tonight's hearing was picked up from the Post Office on October 19th. Gorman stated that the last abatement was for the exterior ofthe property. The search warrant indicated that all buildings were full of trash and storage items. Due to the health and fire hazard, and emergency abatement was initiated. This abatement is for the interior of the structures. Mayor Peterson opened the public hearing. Harold Hoium, 4315 5th Street, stated he did not receive the prior abatement letter until after the Council meeting of October 10th. The letter, dated the 4th, was mailed on the ih, he received notification from the Post Office on the 8th and picked it up on the 11 tho On the 1ih Officers gave him an order that they would do the abatement and ordered him to stay off the property. Hoium was told there was another letter on the 13th regarding the warrant, which he did not receive. Hoium stated that he would have his day, and stated his hope that everything was being stored as he will get it all back. Nawrocki stated that anything removed from the property has to be held for 60,days in bonded storage. Hoeft stated he could buy it back, and any funds iiOln the purchase would go toward abatement costs. City Council Minutes October 24, 2005 Page 7 of 15 Karstin McCarthy, 4215 5th Street, disagreed with removing property and having to pay to get it back. Motion by Ke1zenberg, second by Ericson Diehm, to close the public hearing and to waive the reading of Resolution No. 2005-65 there being ample copies available to the public upon. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Ericson Diehm, to adopt Resolution No. 2005-65, a resolution of the City Council of the City of Columbia Heights declaring the property at 4315, 4317, 4321 5th Street NE, PIN NO. 35-30-24-21-0165 a nuisance and approving the abatement of violations from the property pursuant to City Code, Chapter 8, Article II, Sections 8.201 tlnu 8.207. Hoium stated that during the abatement his fence has been tom down, allowing looting. If there were rioting, it would be the city's responsibility. It would be best if the property were secured. Upon vote: All ayes. Motion carried. RESOLUTION 2005-65 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Harold O. Hoium (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4315, 4317, and 4321 5tlJ Street, PIN No. 35-30-24-21-0165, Columbia Heights, Minnesota, .And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified and regular mail to the owner of record on October 13, 2005. 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 That on October 12,2005, an inspection and abatement of outside storage was conducted on the property listed above. A search warrant was obtained and the structures on the property were entered. Due to the large amount of debris, garbage, combustibles found inside the structures, the Columbia Heights Fire Department performed an emergency abatement action pursuant to City Code, Chapter 8, Article II. That based upon said records of the Fire Department, the following conditions and violations of City Ordinance(s) were found to exist, to-wit: Large amount of debris, garbage, combustibles found inside the structures on the property. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of tIus hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4315, 4317, an 4321 5th Street, PIN No. 35-30-24-21-0165 is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4315, 4317, and 4321 5th Street, Pin No. 35-30-24-21-0165 constitutes a nuisance pursuant to City Code. 2. That a copy of this resolution/order shall be served upon all relevant parties and parties in interest. 3. That any motion for summary enforcement shall be served upon all relevant parties and parties in interest. City Council Minutes October 24, 2005 Page 8 of 15 4. That all service provided for herein shall be in accordance with Minnesota Statute 483.17, subd. 2 B) Adopt Resolution No. 2005-66 being a Resolution for Rental Housing License Revocation at 1213 Cheery Lane NE Gonnan stated the owner has failed to submit the application, pay the fee and schedule an inspection. Nawrocki asked if the building was posted to notify the tenants. Gonnan stated that residents are notified by regular or certified mail. Nawrocki stated that in the resolution the word "suspension" should be crossed out. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2005-66, there being ample copies available to the public. Upon vote: all ayes Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2005-66, a resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5AA08(A) of the rental license held by Ryan Foltz regarding rental property at 1213 Cheery Lane NE. Upon vote: All ayes. Motion carried. RESOLUTION 2005-66 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5AA08(A) of that certain residential rental license held by Ryan Foltz (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1211-13 Cheery Lane NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section 5AA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on October 4, 2005 of an public hearing to be held on October 24,2005. 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 August 15, 2005, inspection office staff sent a letter requesting the owner of the property to re-license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on September 15, 2005, inspection office staff reviewed the property file and noted that the property remained unlicensed. A reminder letter was mailed by regular mail to the owner at the address listed in the property records. 3. That on October 4,2005 a Statement of Cause was mailed by certified mail to the owner at the address listed in the property records. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: a. Failure of the owner to submit a re-licensing application to the Fire Department. b. Failure of the owner to schedule a re-licensing inspection. 5. 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, Chapter SA, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F6814 is hereby revoked/suspended; 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. City Council Minutes October 24, 2005 Page 9 of 15 C) Adopt Resolution No. 2005-67 being a Resolution for Rental Housing License Revocation at 4643 ih Street NE. Gonnan stated the owner has failed to submit the application, pay the fee and schedule an inspection. Motion by Ericson Diehm, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2005-67, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Ericson Diehm, second by Williams, to adopt Resolution No. 2005-67, a resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of the rental license held by Ahmed Abdullahi regarding rental property at 4643 ih Street NE. Upon vote: All ayes. Motion carried. RESOLUTION 2005-67 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5AA08(A) of that certain residential rental license held by Ahmed Abdullahi (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4643 ih Street NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on October 5, 2005 of an public hearing to be held on October 24,2005. 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 August 15,2005, inspection office staff sent a letter requesting the owner of the property to re-license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on September 15, 2005, inspection office staff reviewed the property file and noted that the property remained unlicensed. A reminder letter was mailed by regular mail to the owner at the address listed in the property records. 3. That on October 5,2005 a Statement of Cause was mailed by certified mail to the owner at the address listed in the property records. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: a) Failure of the owner to submit a re-licensing application to the Fire Department. b) Failure of the owner to schedule a re-licensing inspection. 5. 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, Chapter SA, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F6780 is hereby revoked/suspended; 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. ITEMS FOR CONSIDERATION A) Other Business 1) Approval of Sam a's Addition Preliminaty Plat, 10 foot front yard setback variance and sign variance - Case #2005-1001 Jeff Sargent, City Planner, stated the request is for approval of the preliminary plat for 40th and University and for three variances. He described the vatiances, parking, contingencies of right-of way improvements, and vacations of property. The Planning and Zoning Conunission (P&Z) has City Council Minutes October 24, 2005 Page 10 of 15 recommended approval of the preliminary plat with 21 conditions, a 10 foot set back variance, and sign variance for a monument sign. Nawrocki questioned the outcome ifMNDOT did not turn back the 30 feet indicated. Sargent stated that the building would have to be redesigned to fit the property, but we believe they are in agreement and just need the signed Commissioner's letter. Nawrocki indicated this would allow signage double that of the cunent sign ordinance. Sargent stated this is a request by the developer and a pylon sign is allowed in commercial and general business zoned areas and along highways. Being in the 40th corridor restricts them to a monument style sign. Their desire is to attract attention from University Avenue. Nawrocki questioned the number of seats planned for the restaurant. Sargent stated 188 seats including the patio. There will not be a top deck and the basement will be used for storage only. Nawrocki questioned where the employees would park. Sargent stated the parking requirement includes employee parking. Nawrocki disagreed. Ericson Diehm stated that the proposed parking meets our code requirements and is calculated on the seating and employees. Sargent stated their parking would exceed it. Ericson Diehm stated that it was pointed out at the P&Z meeting that an elevator would be required ifthe lower level were used for seating. An elevator is not being planned. Nawrocki expressed concern that overflow parking would be in residential neighborhoods. He cOlmnented on the type and cost of food to be served and the cost of the land. Sargent addressed the agreement reached today between Sarna and adjacent property owner Gondeck. He showed an updated site plan with the turning radius meeting city requirements. Williams indicated infonnation learned today shows that we require larger parking spots than the City of Minneapolis, and questioned why our requirement is larger. He complimented the Mayor on facilitating the agreement between the developer and the adjacent landowner. Kelzenberg also cOlmnended the Mayor for facilitating the agreement and applauded the owners for settling any issues. Joyce Shellito, 403 Sununit Street, questioned the changes in the number of proposed seats. Peterson stated that can change with design, furniture, and decor changes. The preliminary plat exceeds parking requirements. Mike Hurley, friend ofMr. Sarna, thanked staff and the Mayor for facilitating the agreement today. He refened to easements on the property, redevelopment costs and costs prior to building. There may be 17 feet of soil conection required. Nawrocki indicated there has already been soil correction on this site. One estimate indicated this land could be valued at $7 to $15 a foot. The $3.50 we would receive is half of the low estimate. Hurley and Nawrocki discussed building restrictions because of easements on the property. Motion by Williams, second by Kelzenberg, to approve the Sarna's Addition preliminary plat, subject to the 21 stated conditions as approved by the Planning COlmnission, to approve the 10- foot front yard setback variance for hard surface parking for Sarna's Addition, and to approve the 8-foot height variance and the 35 square foot area variance for the monument sign for Sarna's Addition. City Council Minutes October 24, 2005 Page 11 of 15 Nawrocki asked that the motion include restIiction of the basement for public use and screening for residential areas. Hoeft stated those were site plan issues and would be addressed in the final plat. Nawrocki indicated he would vote against this because the property is too small, the City is not getting properly compensated for the land, and the plat does not consider the neighbors and potential parking problems. Peterson indicated that the developer has worked with the neighbors during the process. Williams stated that we are getting a fair price for the land and this would be an improvement, a gateway to our city. Peterson expressed his excitement about the project. Shellito suggested making the parking spaces smaller, like Minneapolis, to allow more parking. Upon vote: Kelzenberg, aye; Williams, aye; Ericson Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. Approve installation of a "Four way" stop sign on Lincoln Terrace and Fillmore Street Young indicated that the Traffic Commission held a public hearing for installation of these signs. The original request was to change yield signs to stop signs, with a final recOlmnendation of a four way stop. The council letter lists traffic accidents at the location in the last three years. She stated that there were surveys conducted on the streets. Fillmore traffic is at a higher speed than nonnal streets, with pedestrian traffic from the schools. There is a four way stop at 50th and Fillmore, which would mean two four way stops in less than 800 feet. Young stated that staff does not recOlmnend adding the stop signs, however the Traffic COlmnission did recOlmnend the four way stop. Jessie Hart, 1401 Lincoln Terrace, described the many "close calls" at that comer. She referred to high speeds in this area, and indicated that the speed monitors cause people to slow down. Cars coming around the comer at a high rate of speed end up in front yards. Hart indicated that the petition she signed was for a four way stop. She stated that we should be pro active instead of reactive. Bonnie O'Brien, 4905 Fillmore, stated this area is a racetrack all day and evening and she will not walk in this area. John Sarkinen, 4446 A1ihur, stated that he lives on the comer of 45th, which is much worse. He indicated it is not good to have a stop sign every block. Kelzenberg agreed with the residents, as he drives in this area. The original request to the Traffic Commission was for two stop signs, but following discussion a four way stop was recOlmnended. He felt this intersection was an accident waiting to happen. This was a unanimous recOlmnendation by the Traffic COlmnission; the first such recommendation since he has been their Council Liaison. Motion by Williams, second by Kelzenberg, authorize installation of four way stop signs on Lincoln Terrace and Fillmore Street based on the configuration ofthe intersection and the amount of pedestrian traffic generated by the nearby schools, based on the recOlmnendation of the Traffic Commission. Upon vote: All ayes. Motion carried. B) Other Ordinances and Resolutions 1) Second Reading of Ordinance No. 1499. Vacating a portion of 45th Avenue NE City Council Minutes October 24, 2005 Page 12 of 15 Sargent stated this request is from John Sarkinen on Arthur Street. The recOlmnendation is to vacate the requested portion of 45th Avenue. Motion by Williams, second by Ericson Diehm, to waive the reading of Ordinance No. 1499, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Ericson Diehm, to adopt Ordinance No. 1499, being an ordinance vacating a portion of 45th Avenue NE. Upon vote: All ayes. Motion carried. ORDINANCE NO. 1499 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490 CITY CODE OF 2005, VACATING A PORTION OF 45th AVENUE NE The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights hereby vacates a portion of the public street over, across, and under the following described property, to wit: That part of the southerly twenty (20) feet of adjacent vacated 45th Avenue NE between the northerly extension of east and west lines of North Y2 of Lot 17, Block 2, Walton's Sunny Acres Addition to Columbia Heights Minnesota, Columbia Heights, Anoka County, Minnesota. Section 2: The vacation of the alley described above shall be subject to the following condition: An easement is hereby reserved that prohibits the excavation or disturbance of any land or the facilities of Xcel Energy over, above or across that part of a 10-foot wide strip of land being 5 feet on each side of a line drawn parallel with the 25 feet north of the north line of Lot 17, Block 2, Walton's Sunny Acres, Anoka County, Milmesota, said north line also being the south line of 45th Avenue NE, Columbia Heights, Minnesota. Section 3: This ordinance shall be in full force and effect from and after 30 days after its passage. 2) Second Reading of Ordinance No. 1500, Vacation a Portion of Lookout Place Sergeant stated this was contingent on all conditions and approvals reached on the Sarna plat, which has not been done. He recommended tabling the second reading of Ordinance No. 1500. Motion by Ericson Diehm, second by Kelzenberg, to table the second reading of Ordinance No. 1500, vacating a portion of Lookout Place until Monday, November 14, 2005 at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. 3) Budget Nawrocki stated that not enough time has been scheduled for budget discussion. He again requested copies of the Library power point presentation and comments from the Board member on behalf of the Board. He indicated that infonnation was not received on other Library funds, such as capital money and reserves to back up cash flow for the first half of the year. He asked for the amount in the fund where the Heritage Park consultant fees came from. Nawrocki stated that we have $3,000,000 in undedicated funds and he wants a better handle on this. He indicated he is waiting to see the three or four versions of the budget article for the city newsletter. He asked when the budget would be adopted. Peterson stated it would be presented to the public on December 5th and adopted on December 12th. 4. Letter fl.-om Walker Methodist to HRA Nawrocki stated that Walker Elder Care Services is contracted to lUn the Parkview Villa high rise. He stated that he was not given a chance to respond to the portions ofthe letter read by the Mayor at the last meeting. The letter was sent to Mr. Streetar and the HRA. He read the entire letter. Nawrocki stated he met with them last week. The infonnation in their financial statement is not detailed and he has no knowledge as to how they allocate their funds. As to his alleged harassment, it is no secret that he has not liked the way the so called "manager" has treated the City Council Minutes October 24, 2005 Page 13 ofl5 residents. She appears to have a minimal background to work with such citizens. He indicated that Streetar requested she be given time for special training. The training was minimal. He stated that in talking with residents and other members of the HRA, he gets the feeling the treatment ofthe tenants is not desirable. Nawrocki stated that he suggested Mr. O'Donnell personally speak to the residents, which he refused to do. Nawrocki stated that after not seeing any change, he expressed his views on the way things are going. They call it harassment; Nawrocki stated he calls it constructive criticism, and suggest changing personnel with another of their faculties. ADMINISTRATIVE REPORTS Report of the City Manager . Primary time spend in the next month or two will be to try and get the budget passed. Wednesday and Thursday nights are budget meetings, and November ih would be the next budget meeting. . Regarding 4152 Cleveland Street - the building has been posted as uninhabitable. There have been problems with the owner. The immediate concern was emptying the dumpster. If it is not done by end of the week we will have it done and bill the owner. Building pennits are good for a year, but we are looking at speeding up that process, and by not allowing only a little progress and then coming back for another pennit to do only a little more work. Weare also looking at how to abate a property despite a building permit. Williams requested to put the pictures of the property on camera. He also requested a work session on this and parking space size issues. Williams requested we do something about the housing maintenance issue at 3842 Reservoir. Peterson asked if a contractor is doing the work on the Cleveland Street home. Nawrocki stated that initially a building pennit was not obtained and that the Building Official has determined that the foundation is not adequate. He requested to see the County records on who owns the property. The taxes are current. Hoeft indicated looking into reducing the time period of a building pennit to six months to keep projects from lingering. Assistant Fire Chief John Larkin stated that Joy Lynn Lucas is the owner and Mr. Rico has the property on a contract for deed. He stated that staff has spoken to her father regarding removal of the dumpster. . 1000 Peters Place is in default on their water bill and will be shut off. . Complimented the Mayor for brokering an agreement between Sarna and Gondeck. Nawrocki comments . Xcel has requested comments in an effort to improve public relations. Suggested we respond regarding the butchering oftrees and other problems. Wants a copy ofthe letter. . City auction list has two generators - with recent power outages, we should keep them. Fehst stated the assumption that they are small, old and vvorn out. He will research this. . Wants infonnation on how pennit fees were detennined. State law indicates it must be on actual cost. Fehst stated that fees have not been increased since 1997 and should be looked at again. Written documentation is not necessmy. If you are challenged, you must show verification offees. . When did Council ask the Planning and Zoning COlllillission to address 2:00 a.m. bar closings? . Cost oftree cleanup from the stonn will be about $50,000. Where will the money come from, budget revisions or reserve funds. Fehst stated that we are under spent this year and would use those fimds for tree care. . Requested an update on the car dealership moratorium. Fehst stated the Planner is looking at this. We have not changed our position on not allovving a lot of car storage. City Council Minutes October 24, 2005 Page 14 of 15 C) Report of the City Attorney - nothing to report CITIZENS FORUM Harold Hoium, 5th Street, gave his opinion on parked cars blocking traffic and hindering street maintenance. Large dogs running loose need to be controlled. More trees would be saved from stonns if they would be properly trilmned. On 42nd there is a designated street with no curb or gutter. There are trees in the way ofthe light to cross University Avenue. A sidewalk is needed on University and 3rd Avenue. There should be street signs on all city streets; there is no sign at 42nd and University. It is a problem having too many part time people working for us. Mickey Rooney thanked the City Council for redevelopment efforts in Columbia Heights. He stated he was at the ground breaking last week and is proud that things are "taking off'. He gave three cheers to the City Council. COUNCIL CORNER Kelzenberg . Reminded citizens ofthe no parking ban on streets in the winter. We have good streets. . On Halloween - be careful driving. Williams . Sanitary sewer cleaning has paid off with no backups. Fehst stated there was one during the last storm. Before addressing illegal connections, we had a lot of backups. . Hope that we can all be statesmen. We must learn to be peacemakers. . Values for this month are peace and conflict resolution. . Excited about Phase II of the industrial area. The Met Council and State are behind us in this redevelopment. . We have decent streets in our town. An article in today's paper indicates other suburbs are complaining about their streets. Our Public Works Department works hard on this. Fehst credited former City Manager Mark Winson for putting this program together and Kevin Hansen, Public Works Director for continuing the program. Part of a city's value is keeping up the streets. . We have received favorable responses regarding funding for the pond in the park. . Have heard comments about the "progress" in our city. . Pray for one another. Peterson . Before we meet again, the School District will hold their referendum vote. Get educated on this - find out the facts. He will vote affinnative. We can not have a strong city without good schools. . Do a random act of kindness. Elicson Diehm . Spoke of the ground breaking and all the agencies that came together. Impressed with the Ryland Homes group. They have already sold 12 to 14 units. The area will draw more attention when the building begins. . Make a Difference Day was last Friday. Many people did projects. If you participated, please pass the infonnation on to City Hall or the Rising to New Heights COlmnittee for recognition. City Council Minutes October 24, 2005 Page 15 of 15 Williams . Committed to and supports the school referendum. To have a strong city, we need our youth educated. Our new developments will bring in about 700 new homes and they would immediately pay toward this levy. Nawrocki . Don't just credit staff for street improvements. Remember that residents pay the cost. . Referred to the August 31 League ofMN Cities Bulletin, page 3, regarding pennit fees. . Saturday, October 29, at noon, VFW Post 230 will host the Fire Explorers Booya luncheon. . The Charter Commission passed a motion to pursue adding two Councilmembers at large and adding wards for the four Councilmembers. . SRA met last week. Xcel will file petitions asking for a seven to nine percent pay increase. The SRA will continue to work on utility location lUles, which would be expensive for cities. . Northstar commuter rail is moving toward having a line to Big Lake and then to St. Cloud. There would not be any stops in Columbia Heights. The closest station would be in Fridley. . The League ofMN Cities and Association of Metro Municipalities will meet Thursday, November 17. It will be followed by a legislative policies meeting. . Presented draft policies for the League ofMN Cities. Williams . Agreed that our citizens have paid for the streets, water and sewer systems. Their home values have also increased significantly. Council has a responsibility to continue to build our City. . Invited everyone to the Mayor and Mrs. Peterson's Holiday Kick Off Party on Saturday, November 26. He listed all the activities. Proceeds will go to the Columbia Heights Activity Fund. A 4x4 A TV will be raffled off. Peterson . Patty Muscovitz will pick up her son from Anny basic and AIT training in Missouri this week before he heads offto his station in Korea. We are all very proud of him and all our soldiers, and we will continue to pray for them. ADJOURNMENT Ma or Peterson adjourned the meeting at 10: 1 0 p.m. ~ rfV[w~~ Patricia Muscovitz, CMC Deputy City Clerk/Council See tary