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HomeMy WebLinkAboutJanuary 22, 2007 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JANUARY 22, 2007 The following are the minutes for the regular meeting ofthe City Council held at 7:00 p.m. on Monday, January 22, 2007 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. Mayor Gary L. Peterson and Councilmembers Tami Diehm, and Bruce Kelzenberg were administered their oaths of office by the Deputy City Clerk. CALL TO ORDER/ROLL CALL/INVOCATION Pastor Dave Briley, Oak Hill Baptist Church gave the invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki requested to add the 150th Anniversary of Anoka County committee contribution. They have requested a $1,000 donation. Peterson indicated this would be item 7A3. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS Presentations - Metropolitan Council Livable Community Grant presented by Tony Pistilli, Metropolitan Council Tony Pistilli, Met Council Representative Sector 2, introduced Greg Paits, Sector 2 Staff Representative. Pistilli stated that the presentation of checks to Columbia Heights is becoming an annual pilgrimage. He indicated his pleasure to present two checks to the City. The first check for $974,369.00 is for the redevelopment of the K-mart site, specifically for the construction of a public parking ramp. The second check is a Tax Base Revitalization grant of$19,100 to help clean up contaminated soil in the industrial park. Peterson stated that Pistilli has done a superb job for Columbia Heights and thanked him and the Met Council for how beautiful our city is becoming. Nawrocki indicated that there is another $2,000,000 needed for the parking ramp and stated that he would withhold his support until he has seen the written agreement and what the developer has put in the project. Fehst stated there is no written agreement as of yet. CONSENT AGENDA City Manager Walt Fehst took Councilmembers through the Consent Agenda items. 1. Approve City Council Meeting Minutes for January 8, 2007 regular City Council meeting- Removed 2. Accept Boards and Commissions Meeting Minutes Motion to accept minutes of the January 2, 2007 Library Board meeting. 3. Establish Work Session meeting dates for January 29 and February 5, 2007, beginning at 7:00 p.m. in Conference Room 1 and Commission interviews prior to the February 5, 2007, meeting. Fehst listed upcoming work session items: January 29 Liquor Store discussion and establish work session meeting dates for 2007 City Council Minutes January 22, 2007 Page 2 of 16 February 5 - Contract for Architectural and Construction management services for the new Liquor Stores, City Newsletter - review options other cities use, discussion with the Library Board - future of the Library, review refuse/recycling operations and proposed changes Nawrocki indicated that February 5 was the same date as the Facility Advisory Committee meeting. He has attended past meetings and would want to attend that meeting. Nawrocki requested a different date or earlier time. Peterson suggested the second work session be held on Wednesday, February 7 at 5 p.m. Motion to establish Work Session meeting dates for January 29 beginning at 7:00 p.m. and February 7, 2007 beginning at 5:00 p.m. in Conference Room 1, with Commission interviews prior to the February 7 meeting. 4. Establish date for the 2007 Local Board of Review Nawrocki stated he would not be available for that date. Council concurred to request the Local Board of Review meeting be held at 6:00 p.m. prior to the April 9, 2007 City Council meeting. 5. Appoint Mayor and City Manager to Fire Department Volunteer Relief Association Board of Trustees for 2007 Motion to appoint the Mayor and City Manager to the Columbia Heights Fire Department Volunteer Relief Association Board of Trustees for 2007. 6. Appointment to the Traffic and Telecommunications Commissions Motion to appoint Kevin Doty to the Traffic Commission for the vacant term to expire April 2009 and appoint Robert Peltier to the Telecommunications Commission for the vacant term to expire April 2007. 7. Approve premises permit application Class B for Columbia Heights Athletic Boosters to conduct charitable gambling activities at Sarna's Grill Motion to do direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the issuance of a Class B premises pennit for the Columbia Heights Athletic Boosters Club in conjunction with activities at Sarna's Grill, 3939 University Avenue NE, Columbia Heights, MN; and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. 8. Approve the items listed for rental housing license applications for January 22,2007 Motion to approve the items listed for rental housing license applications for January 22,2007. 9. Approve Business License Applications Motion to approve the items as listed on the business license agenda for January 22,2007 as presented. 10. 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 120048 through 120236 in the amount of$I,798,239.77. Diehm requested to remove item AI, so she could abstain from the vote as she was not present at that meeting. Motion by Nawrocki, second by Williams, to approve the Consent Agenda items with the exception City Council Minutes January 22, 2007 Page 3 of 16 of item #1 and with changes to items three and four. Upon vote: All ayes. Motion carried. 1. Approve City Council Meeting Minutes for January 8, 2007 regular City Council meeting - Motion by Nawrocki, second by Kelzenberg, to approve the minutes ofthe January 8, 2007 regular City Council meeting as presented. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, abstain; Nawrocki, aye; Peterson, aye. 4 ayes - 1 abstention. Motion carried. PUBLIC HEARINGS A. First Reading of Ordinance No. 1520, being an Ordinance amending Chapter 8, Article II, City Code pertaining to Public Nuisances Fire Chief Gary Gorman indicated this ordinance would replace the City Code section on graffiti that was left out in the recodification process. The paragraph would now be listed in Section 8.204, as the new letter "S" and under abatement 8.206 the word certified/registered would be removed. Certified letters are time consuming and a large additional cost. Very few regular letters are returned, but many of the certified letters come back. Nawrocki questioned the amount this would reduce the budget. Gorman stated that money saved would be used for items cut from the budget. Motion by Nawrocki, second by Diehm, to waive the reading of Ordinance No. 1520, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to establish a second reading of Ordinance No. 1520 being an ordinance amending Chapter 8, Article II of the City Code of the City of Columbia Heights pertaining to public nuances for February 12,2007 at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. B. Adopt Resolution No. 2007-09, being a Resolution for abatement of violations at 4420 3rd Street Gorman indicated this is for a vacant house that was reported several weeks ago with water running from the building because of broken water pipes. Staff shut the water and gas off and Public Works locked up the property. This was an emergency abatement. Peterson asked if anyone was present to represent the property. There was not. Motion by Nawrocki, second by Williams to close the public hearing and to waive the reading of Resolution No. 2007-09, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams to adopt Resolution No. 2007-09, a resolution of the City Council ofthe City of Columbia Heights declaring the property at 4420 3rd Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2007-09 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 Noel Alcantar (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4420 3rd Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on January 5, 2007. City Council Minutes January 22, 2007 Page 4 of 16 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 December 12, 2006 the Fire Chief was notified that the City of Columbia Heights Public Works Department personnel had to shut the water off at 4420 3rd Street N.E. after the City receiving a complaint that there was water flowing out of the back door. The Fire Department was notified that a water condition existed at the property and responded to abate any immediate hazards in the structure. Entry was made by the firefighters to assess the health and safety of any possible occupants. Once entry was made personnel turned the power off to avoid any electrical hazard due to the water condition. 2. That on December 12, 2006 the Public Works Department to shut off the water, and secured the entry to the vacant house. 3. That on January 5, 2007 notices were sent to the owner via regular and certified mail at the address listed on file. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: Secured the units on building to prevent unauthorized access, shut water and power off to prevent any damage to the building due to cold weather. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4420 3rd Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4420 3rd Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. C. Adopt Resolution No. 2007-10, being a Resolution for abatement of violations at 4141 Jefferson St. Gorman stated there are a large amount of items in the yard. This has come to the City Council before and the items were cleaned up. The six-month redemption on the property is over in March. Staff is working with the mortgage company on this. There are car parts in the yard. Peterson asked if anyone was present to represent the property. There was not. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2007-10, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2007-10, a resolution of the City Council ofthe City of Columbia Heights declaring the property at 4141 Jefferson Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. Williams asked that the Fire Chief research to see if the building could be demolished. Gorman stated that would be a decision for the building official. Nawrocki stated there is a vehicle in the back with expired license plates. RESOLUTION 2007-10 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 Debra Langel & Scott Brozek (Hereinafter "Owner of Record"). City Council Minutes January 22, 2007 Page 5 of 16 Whereas, the owner of record is the legal owner of the real property located at 4141 Jefferson Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on December 28,2006. 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 December 11, 2006 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on December 28,2006, inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 3. That on January 12,2007, inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove all/any outside storage from the property: seats, car rear end, truck topper, tailgate, hood, tool box, misc. car parts, and tires. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL I. That the property located at 4141 Jefferson Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL I. The property located at 4141 Jefferson Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. D. Adopt Resolution No. 2007-1 L being a Resolution for abatement of violations at 4544 Stinson Blvd. Gorman stated this property also had water running out of the house, so there was an immediate abatement. The owner stopped in last week to see what the abatement costs would be. Peterson asked if anyone was present to represent the property. There was not. Motion by Diehm, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2007-11, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2007-11, a resolution of the City Council of the City of Columbia Heights declaring the property at 4544 Stinson Boulevard N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2007-11 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 Ignacio Dominguez-Sanchez (Hereinafter "Owner of Record"). City Council Minutes January 22, 2007 Page 6 of 16 Whereas, the owner of record is the legal owner of the real property located at 4544 Stinson Boulevard N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on January 5, 2007. 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 December 13,2006 the Fire Department was dispatched to 4544 Stinson Boulevard N.E. after receiving information that there was water flowing out of the house. The Fire Department found that a water condition existed at the property and entry was made by the firefighters to assess the health and safety of any possible occupants. Once entry was made, personnel turned the power off to avoid any electrical hazard due to the water condition 2. That on December 13,2006 the Fire Department paged out the Public Works Department to shut off the water, and board up the vacant house. 3. That on January 5,2007 notices were sent to the owner via regular and certified mail at the address listed on file. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: Secured the units on building to prevent unauthorized access and shut water and power off to prevent any damage to the building due to cold weather. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4544 Stinson Boulevard N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL I. The property located at 4544 Stinson Boulevard N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. E. Adopt Resolution No. 2007-12, being a Resolution for abatement of violations at 4121 4th St. Gorman stated this vacant house also had the water pipes burst and was an emergency abatement. Peterson indicated his surprise at three of the same situations. Peterson asked if anyone was present to represent the property. There was not. Motion by Kelzenberg, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2007-12, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2007-12, a resolution of the City Council ofthe City of Columbia Heights declaring the property at 4121 4th Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2007-12 Resolution of the City Council for the City ofCoJumbia 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 Guirela Pliego (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4121 4th Street N.E., Columbia Heights, Minnesota. City Council Minutes January 22, 2007 Page 7 of 16 And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on January 5, 2007. 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 December 13,2006 the Fire Department was dispatched to 4121 4th Street N.E. afterreceiving information that there was water flowing out of the house. The Fire Department found that a water condition existed at the property and entry was made by the fIrefighters to assess the health and safety of any possible occupants. Once entry was made, personnel turned the power off to avoid any electrical hazard due to the water condition 2. That on December 13,2006 the Public Works Department to shut off the water, and board up the vacant house. 3. That on January 5,2007 notices were sent to the owner via regular and certified mail at the address listed on file. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: Secured the units on building to prevent unauthorized access and shut water and power oiT to prevent any damage to the building due to cold weather. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL I. That the property located at 4121 4th Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL I. The property located at 4121 4th Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. F. Adopt Resolution No. 2007-13, being a Resolution for Rental Housing License Revocation at 1211-1213 Cherry Lane Gorman stated this is a license revocation on a rental property. No items in violation have been corrected. The tenants have indicated that the property is going back to the bank. Motion by Williams, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2007-13, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution No. 2007-13, Resolution ofthe 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 Ryan Foltz regarding rental property at 1211-13 Cheery Lane N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2007-13 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Ryan Foltz (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1211-1213 Cheery Lane N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on December 27,2006 of an public hearing to be held on January 22,2007. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, City Council Minutes January 22, 2007 Page 8 of 16 the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on November 21, 2006, inspectors for the City of Columbia Heights, inspected the property described above and noted seven violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on December 27, 2006, inspectors for the City of Columbia Heights, reinspected the property and noted seven violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on January 11, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted seven violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 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: 1213 - Shall repair the loose sheetrock ceiling. Shall secure the piece of sheetrock, shall apply any sheetrock mud to the joints that need it. Shall sand and paint all/any sheetrock joints that need it. 1213 - Shall first repair the leaking shower in the lower bathroom. Shall repair the water-damaged walls near the shower by the lower bathroom. 1213 - Shall replace all missing kitchen cabinet/drawer fronts. Shall replace the missing soffit on the front and west side of the house. Shall replace the missing fascia on the west side and the front of the house. Shall replace the missing shingles on the west side of the roof-front and rear. Shall repair or replace all rotted windows. 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 5A, 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 F8030 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the fIrst day of posting of this Order revoking the license as held by License Holder. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions A. First reading of Ordinance 1521, rezoning of a portion of the property at Lot 124A, Block 1 Huset Park from MXD to R-2A Jeff Sargent, City Planner, explained the proposal to rezone the described property to correct encroachment issues on the plat. There was a concrete area and fence maintained by the adjacent area. This would split 15 feet from the property to attach to the plat. The rezoning ordinance requires two readings. The lot split will be presented with the second reading of the ordinance. Nawrocki questioned street configurations and questioned if 5th Street is being closed off. Sargent stated that they are probably closed for construction purposes. Motion by Williams, second by Kelzenberg, to waive the reading of Ordinance No. 1521, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to establish a second reading of Ordinance No. 1521, being an ordinance pertaining to the rezoning of the property located at Lot 124A, Block 1 Huset Park for February 12,2007 at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. B. Approval of Final Plat, CUP for assisted living facility, parking setback and stall size variances. 2101 3 ih Avenue. Sargent stated that this is the final plat approval for 2102 3 7th Avenue, including setback and variances. They application has gone through all the requirements; the Planning and Zoning City Council Minutes January 22, 2007 Page 9 of 16 hearing, to City Council in November and for rezoning on January 8,2007. The northern parcel will be subdivided into two parcels; one of 2.4 7 acres and the site would house a 52 unit facility to be managed by Comforts of Home. The southern one acre will be the location of a new city liquor store. The Conditional Use Permit (CUP) is for the assisted living facility. Both are a function of the R-3 zoning district. The parking variance is for a two foot length variance. The stalls would be nine feet wide and 18 feet in length. The second variance is for a 19 foot front yard variance. Code requires a 30 foot setback. The setback requirement is to allow for adequate green space. This variance does maintain adequate green space. There is a Montessori school that will be on the corner of the lot. Sargent described parking for that area. Sargent indicated that he visited a similar facility by Comforts of Home in White Bear Lake today. He showed pictures ofthat facility, which has 42 units. 20 are occupied and they are filling as they are built. Sargent stated that he was impressed with the building detail and pleased that the proposed facility would have the amenity of Hart Lake. There is one change to the final plat, where the developer and city decided to place one of the holding ponds across the street on city property. It would alleviate the problem of the pond requiring a 12 foot retaining wall. The result would be a more aesthetically appealing pond. There will be reciprocal maintenance agreements. Kelzenberg indicated that this is the second request we have had for parking stall variances. He stated that the parking stall code was going to be reviewed. Sargent stated that staff is researching that issue and indicated that the 18-foot length is not unreasonable and is used by other cities. Diehm stated that stall length could be addressed when we review the ordinance, but questioned if the initial request was to consider larger parking spaces. Nawrocki indicated that the Comforts of Home facility would have above and underground parking. He questioned if this request would affect the liquor store and questioned the development contract. Sargent stated there are letters of credit and maintenance pond agreements. Nawrocki questioned who would pay for the ponds. Sargent indicated that on the large pond 94 percent of runoff for this pond will come from Comforts of Home and six percent would come from elsewhere. On the small pond 58 percent would come from them and 42 percent from our liquor store. Maintenance would be determined with those numbers. We will put in a contribution of six percent on their property. We will maintain the one on our property and they will reimburse us. Nawrocki questioned the location of the trail. Sargent stated it would be on the west side of Hart Boulevard. Nawrocki stated that the developer is responsible for putting in the trail at no cost to the city. Deb Johnson, 4626 Pierce, stated that she had a problem with the 18-foot parking length. This is a senior facility and there would be a lot of vans and older people with big cars. She indicated that she owned a 22- foot vehicle. Nawrocki questioned the width of the aisle. Sargent indicated it would be 24 feet wide. Nawrocki questioned how longer vehicles would be accommodated. Sargent indicated that he contacted other cities and they consider that wheels are parked to the curb, and that the car hangs over the curb. He stated that we would rather reduce the parking length than the driving aisle between vehicles. Nawrocki questioned if there would be space on these curbs for the overhang. Sargent stated yes. Nawrocki referred to Sarna's receiving a length variance but Taco Bell was refused. Sargent indicated the large number of variances requested for the Taco Bell project and the final decision was that it would not be a good use of the land. City Council Minutes January 22, 2007 Page 10 of 16 Matt Frisbie, Frisbie Architects, stated he was representing Comforts of Home. He showed all parking areas on a map and indicated there was exclusive van parking and full parking adjacent to the facility entrance. The variance is in a different area and is for employee parking. The senior citizens staying in the facility would have underground parking, which is wider and more generous. Ground level parking would be for visitors and guests. He stated that vehicles parked pointed together would have the required 20 foot length. The variance is only for curbed parking. Jim Hoeft, City Attorney, advised a revision to Resolution No. 2007-14 under conditions, indicating the fourth condition include "developer shall enter into a development contract for the Hart Lake Addition". Motion by Nawrocki, second by Williams, to waive the reading of Resolution 2007-14, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2007-14, approving the Final Plat for the Hart Lake Addition, subject to the conditions outlined in Resolution No. 2007 -14 as corrected. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to waive the reading of Resolution 2007-15, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution No. 2007-15, approving a Conditional Use Pennit for an assisted senior living facility located at 2101 37th Avenue, subject to the conditions outlined in Resolution No. 2007-15. Upon vote: All ayes. Motion carried. Motion by Nawrocki, Williams, to waive the reading of Resolution 2007-16, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, Kelzenberg, to adopt Resolution No. 2007-16, approving a 2-foot parking stall length variance for the Comforts of Home parking lot. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2007-17, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2007-17, approving a 19- foot front yard setback variance for hard surface parking for the Comforts of Home parking lot. Upon vote: All ayes. Motion carried. Resolutions No. 2007-14,15,16, and 17 may befound at the end of this document. 7 A3 Anoka County Historical Society anniversary funding request Nawrocki indicated that Anoka County is requesting financial support of the 21 communities for their 150th Aru1iversary festivities, with $1,000 requested from the City of Columbia Heights. Peterson described the celebration activities, which would include a wagon train that people are invited to take part in. He stated that there would be many opportunities for the public to participate. City Council Minutes January 22, 2007 Page II of 16 Fehst stated that some communities are giving less than was requested. Peterson requested this be discussed at a work session. Bid Considerations -none Other Business Elected Official Out of State Travel request Peterson stated that three Council members have requested to attend the National League of Cities conference in Washington D.C. Fehst stated estimated costs of between $1,500 and $1,800 for each Council member. The budget included attendance for one member. There were more funds budgeted until budget cuts in recent years. There are funds available in miscellaneous expenditures. Motion by Kelzenberg, second by Williams, to approve attendance of Mayor Peterson at the 2007 League of Minnesota Cities Congressional City Conference in Washington DC, March 10 to March 14,2007, as budgeted monies are available, and to authorize payment in advance for registration, airfare and lodging and provide reimbursement for meals and incidental costs in accordance with limitations and guidelines outlined in the city's policy for out-of-state travel by city employees. Upon vote: All ayes. Motion carried. Elected Official Out of State Travel request Motion by Diehm, second by Williams, to approve attendance of Councilmember Kelzenberg at the 2007 League of Minnesota Cities Congressional City Conference in Washington DC, March 10 to March 14, 2007, as budgeted monies are available, and to authorize payment in advance for registration, airfare and lodging and provide reimbursement for meals and incidental costs in accordance with limitations and guidelines outlined in the city's policy for out-of-state travel by city employees. Upon vote: All ayes. Motion carried. Elected Official Out of State Travel request Motion by Williams, second by Diehm, to approve attendance of Councilmember Nawrocki at the 2007 League of Minnesota Cities Congressional City Conference in Washington DC, March 10 to March 14, 2007, as budgeted monies are available, and to authorize payment in advance for registration, airfare and lodging and provide reimbursement for meals and incidental costs in accordance with limitations and guidelines outlined in the city's policy for out-of-state travel by city employees. Upon vote: All ayes. Motion carried. Appoint 2007 Council President and approve 2007 Council/Staff Liaison Assignments. Peterson stated that the list should be reversed with Diehm as the Charter Commission Liaison and Peterson as the Park and Recreation Commission Liaison. Motion by Kelzenberg, second by Nawrocki, to appoint Councilmember Diehm as the 2007 Council President. Upon vote: All ayes. Motion carried. Peterson referred to the work session discussion on League ofMN Cities representatives. He indicated that anyone is welcome to attend any of the meetings. Nawrocki stated that he has been the League liaison for many years and stated the importance of continuity in the positions. He stated that he would still be willing to be State League and Metro league representative, based on the fact that he would actively participate and would be able to attend their day meetings. He referred to committees he has participated in. City Council Minutes January 22, 2007 Page 12 of 16 Kelzenberg stated it would be fine with him if Councilmember Nawrocki were willing to continue representation on the State and Metro Leagues. Nawrocki stated that council members should be the alternates rather than the City Manager. Fehst stated that these groups do include City Managers and City Clerks on their committees. He indicated committees that he has served on. Nawrocki encouraged elected officials to be part of the process. Peterson indicated his appreciation to have the City Manager attend League meetings. Motion by Diehm, second by Kelzenberg, to approve the 2007 Council Staff Liaison Assignments as discussed. Upon vote: All ayes. Motion carried. ADMINISTRATIVE REPORTS Report of the City Manager Fehst referred to handouts from Unplugged Cities, a wi-fi service that provides service for Osseo and St. Louis Park. They put up front money into the radio transmission stations and the engineering is paid for by the city. It would be approximately $600,000 to $800,000 to cooperate with them and become a wireless hi-speed internet connect city. Our library provides a wireless service. We will talk with the company that is working with the City of Minneapolis. They are not providing up-front money. Fehst stated that with Unplugged Cities the $600,000 would come back as shared fees as the company gets more people signed on. He indicated that DSL is now available for $26 a month. With Com cast you must sign up for long distance phone service, and then you can receive cable TV and internet access for $ 99 a month for one year. After the first year the cost would increase $14 to $15 a month. Wi - fi is state ofthe art now, but ifit goes region wide it could cost a lot less. This may be useful for a city with a large amount of office space. St. Louis Park ran fiber optics for certain areas of their city. Fehst questioned ifthis is something we need right now, as it is not without a cost to the city. Nawrocki . Referred to the IS staff report to the Telecommunications Commission. The key is density, meaning we would need 9,000 homes signed up in the community to make this work. Only half are now linked to cable now. The Commission felt that at the present time the users of high speed would not be high in numbers. Our IS staff also reported on streaming. . 3841 3rd Street - there is a car with an out of date license. . 50th and University - there is a tow truck with an out of date license. . At the last meeting requested discussion on legislation to extend the Central Avenue TIF District for 25 years and use the money for home improvement loans and three million for clean up on the Mady's property. People were told that when the district was paid off it would be available to support the city, school and county. This is like saying there will be a tax increase for another 25 years. Fehst indicated the benefits of community revitalization and pollution cleanup at the Mady's site drawing development. Development at the Mady's site could lead to 60 housing units, 10,000 square feet of retail and 6,000 square feet of restaurant space. Diehm indicated that the request was to have this item on the agenda. The Community Development Director gave a good presentation at the work session meeting, which could be given at a Council meeting. Diehm stated that all Councilmembers would like the opportunity to speak on this and it would be more appropriate as an agenda item. City Council Minutes January 22, 2007 Page 13 of 16 Report of the City Attorney Hoeft indicated that administrative warrants have been signed and the process worked out. Fehst referred to the well written letter by Hoeft that was sent to the judge. CITIZENS FORUM Deb Johnson, 4626 Pierce, stated that at the last meeting she referred to the Building Official not being concerned with inspecting their new windows. The City Manager indicated that the Building Official inspected the windows from the outside prior to entering the building. COUNCIL CORNER Kelzenberg . Dana Weigman, Librarian, has received notification that the Library will receive a $1,000 literacy initiative grant. Commended her on obtaining this grant. . Be aware - there have been three vacant house burglaries where the copper pipe was removed. Asked residents to call 911 on suspicious activity. · A car was stolen at Sarna's, but it had been left running. Reminded everyone that you can get a ticket for leaving your vehicle while it is running. Williams · Pistilli and the Met Council have been great friends of our city, giving about $4 million in grants for contamination clean up. . Referred to the amount of recent drug busts and burglaries. His office was robbed. Fehst indicated that Coon Rapids has also had a rash of pull tab booth robberies. Our police do a wonderful job. . Pray for our citizens, help watch citizen's homes. Diehm . Absent from last meeting - traveled to Bulgaria where her step-daughter is working in an orphanage. Helped me understand the importance of maintaining our infrastructure. There are areas of Romania where you could see the effect of years lacking maintenance or improvements. It is important to maintain our standards. Very thankful for the hard work of our employees and it is a privilege to live here. . Wednesday, February 7 there will be a SACA spaghetti dinner at Murzyn Hall. . Monday, March 5 at Murzyn Hall will be the annual Empty Bowls dinner. This symbolizes empty bowls around the world. . Friday, March 9 is the annual Police and Fire Fighters Appreciation event, to thank them for all the hard work they do. Nawrocki . Attended the SRA quarterly meeting with Xcel on problems dealing with service changes and cooperation issues. Brought up extreme tree trimming and other communities agreed. They will attend the next meeting also. . North Star Commuter line is moving ahead. The intention is to have commuter rail running between downtown Minneapolis and Big Lake by 2009. The closest station was to be in Fridley, but is now out of the plan because of the cost. There will be five trips into the metro in the mornin!!. five trins out in the evenin!!. and onlv two other trins durin!! the dav. ......".l. ........-.,1 .......... J . Legislative program, The County is asking for legislative changes in library funding for the county system. This will be important to us, as we are tied into the county. . Anoka County is looking to set up a county EDA. Concerned that residents would have to pay for city and county HRA, city EDA, and the Metropolitan Council. City Council Minutes January 22, 2007 Page 14 of 16 . Received a letter that long-time resident Edith Wargo passed away and left Columbia Heights $150,000 to maintain Wargo Park for 25 years, and $75,000 for police and fire programs. Fehst stated it could be in probate for another year. . Referred to a letter from Adam Davis regarding concerns of street naming at Huset Parkway. Refer this to the Traffic Commission. . Wednesday, January 31 will be the quarterly Anoka County Elected Officials meeting. Peterson . Reminded everyone to appreciate our service men and women. . Don't take ourselves too seriously and do a random act of kindness. ADJOURNMENT ayor Peterson adjourned the meeting at 9:25 p.m. '-<....~~ atricia Muscovitz, CMC Deputy City Clerk/Council Secreta RESOLUTION 2007-14 APPROVING A FINAL PLAT SUBDIVISION WITH CERTAIN CONDITIONS FOR PRATT ORDWAY, LLC WHEREAS, a proposal (Case No. 2007-0101) has been submitted by Pratt Ordway, LLC to the City Council requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: 2101- 3ih Avenue. EXISTING LEGAL DESCRIPTION: On File at City Hall PROPOSED LEGAL DESCRIPTION: Hart Lake Addition THE APPLICANT SEEKS APPROVAL OF A FINAL PLAT SUBDIVISION. WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed subdivision upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on January 3, 2007. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: I. The final plat substantially conforms to the approved preliminary plat. 2. The fmal plat conforms with the requirements of Section 9.114. FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. CONDITIONS: I. The applicant shall pay a park dedication fee in the amount of $26,890 at the time of final plat approval. 2. The developer shall obtain a storm water permit from the Rice Creek Watershed District prior to obtaining a demolition permit from the City. 3. All conditions set forth in the City of Columbia Heights' subdivision ordinance shall be met per Code Section 9.114. 4. The developer shall enter into a development contract for the Hart Lake addition. RESOLUTION 2007-15 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR PRATT ORDWAY, LLC WHEREAS, a proposal (Case #2007-0101) has been submitted by Pratt Ordway, LLC to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: Lot North of210l- 37th Avenue City Council Minutes January 22, 2007 Page 15 of 16 LEGAL DESCRIPTION: Lot I, Block I, Hart Lake Addition. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.109 (G)(3)(i), to allow an addition to a senior living facility in the R-3, Limited Multiple-Family Residential District, and a Montessori School per Code Section 9.109 (G)(3)(h). WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on January 3, 2006; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: I. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (J) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: I. All required state and local codes will be met and in full compliance. 2. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 3. The City shall be informed of any change in ownership or occupancy of the Little Voyagers Montessori School to ensure the acceptability of the new use in the R-3 District. RESOLUTION 2007-16 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR PRATT ORDWAY, LLC WHEREAS, a proposal (Case # 2007-0101) has been submitted by Pratt Ordway, LLC to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: Lot North of2101 37th Avenue LEGAL DESCRIPTION: Lot 1, Block 1, Hart Lake Addition. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 2-foot parking stall length variance per Code Section 9.106 (L)(7)(a). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on January 3, 2007; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: City Council Minutes January 22, 2007 Page 16 of 16 I. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to tlle public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. RESOLUTION 2007-17 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE ZONING CODE FOR PRATT ORDWAY, LLC WHEREAS, a proposal (Case # 2007-0101) has been submitted by Pratt Ordway, LLC to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: Lot North of2101 37th Avenue LEGAL DESCRIPTION: Lot I, Block I, Hart Lake Addition. THE APPLICANT SEEK THE FOLLOWING RELIEF: A 19- foot front yard setback variance for hard surface parking per Code Section 9.109 (C). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on January 3,2007; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any cone em related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: I. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (I) calendar year after the approval date, subject to petition for renewal of the permit.