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HomeMy WebLinkAboutFebruary 12, 2007OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING FEBRUARY 12, 2007 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, February 12, 2007 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Reverend Dan Thompson, Columbia Heights Assembly of God 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 discuss setting a joint Council work session with the City of Fridley regarding WiFi. Peterson placed this as item 7D, Other Items For Consideration. PROCLAMATIONS PRESENTATIONS RECOGNITIONS AND GUESTS Presentations -Public Works Project of the Year Award Peterson stated that Columbia Heights was honored with the Public Works Project of the Year award. Kathy Young, Assistant City Engineer, stated that the City Engineers Association solicits for projects that are "above and beyond" and they selected Huset Parkway. She presented the list of project partners, indicating that it takes many people to complete such a project. Fehst reported on the staff project presentation. He stated this project also won a Developers and Contractors award. The completion speed of the project was highlighted. Peterson spoke of the event and of his pride in the minimal impact this large project had on our corrununity. Nawrocki stated his opinion that snore was done on this project than was needed, such as replacing a very functional street. Fehst indicated that the project occurred with Pay-As-You-Go TIF financing, where the Council is not at risk, like in the past with the office building that failed and the taxes were lowered to one-third and still failed. This will increase the assessed marked value of the city by 13 percent. Williams stated that the area was a polluted junk yard and as a city we have really moved forward. He stated his great pride in this area. Nawrocki referred to the Fratallone contract overruns. CONSENT AGENDA City Manager Walt Fehst took Council members through the Consent Agenda items. 1) Approve City Council Meeting Minutes for January 22, 2007 regular City Council meeting Nawrocki stated the estimated cost for Councilmembers to attend NLC conference was $1,800. Motion to approve the minutes of the January 22, 2007 regular City Council meeting as corrected. 2} Accept Boards and Commissions Meetin~~Minutes Accept: HRA meeting minutes of October 24, 2006 Accept: EDA meeting minutes of Navember 28, 2006 Accept: EDA special meeting minutes of December 20, 2006 City Council Minutes February 12, 2007 Page 2 of 20 Accept: EDA special meeting minutes of January 8, 2007 Accept: Telecommunications Commission minutes of January 18, 2007 3) Authorize Architectural Services for Design and Construction Management of Liquor Stores - removed Fehst stated that the Council met Jeff Oertel, Oertel Architects, at the work session. Five RFP were sent out. This firm had the lowest bid received and best background. Diehm removed the item to allow a presentation from Mr. Oertel. 4} Establish 2007 calendar for Work Session meetings -removed 5) Establish the Local Board of Review meeting for Monda ~~Apri19, 2007, at 6:00 p.in. Nawrocki expressed concern that one hour may not be long enough. Peterson stated that all review items would be completed before the Council meeting would begin. Motion to establish the date for the Local Board of Review meeting for Monday, Apri19, 2007, at 6:00 p.m. in the City Council Chambers. 6) Adopt Resolution No. 2007-20, being a Resolution canceling the Monday, March 12, 2007 City of Columbia Hei hg is regular City Council meeting. Fehst stated that three Council members will be in Washington D.C. on this date attending the National League of Cities conference. Motion to waive the reading of Resolution No. 2007-20, there being ample copies available to the public. Motion to adopt Resolution 2007-20, being a Resolution canceling the Monday, March 12, 2007 City of Columbia Heights regular City Council meeting. RESOLUTION NO. 2007-20 BEING A RESOLUTION CANCELING THE CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETING OF MONDAY, MARCH 12, 2007 WHEREAS: The City of Columbia Heights City Council will not have a quorum available for the regularly scheduled Monday, March 12, 2007 City Council meeting and; WHEREAS: The City Council has agreed to cancel the regular City Council meeting scheduled for Monday, March 12, 2007; NOW, THEREFORE, BE IT RESOLVED, that all interested parties be advised of this change. 7) AUpointment to the Economic Development Authority -removed 8) Approve raffle, Little Voyageurs' Montessori School, St. Timothy's Lutheran Church Motion to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a raffle event to be conducted by Little Voyageurs' Montessori School at St. Timothy's Lutheran Church, 825 51St Avenue, Columbia Heights, on April 27, 2007; and furthermore, that the Cify of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. City Council Minutes February 12,2007 Page 3 of 20 9} Authorize purchase of two replacement police vehicles Nawrocki questioned what would happen to the replaced vehicles. Fehst stated that if usable, they are moved to other departments. Motion to authorize the purchase of two 2007 Ford Crown Victoria police vehicles per the State of Minnesota bid, with funding to comer from 431-42100 5150 in the amount of $41,460, and to authorize the Mayor and City Manager to enter into a contract for the same. 10) Authorize the capital equipment replacement of Rescue 3, 2001 Ford Expedition -removed 11) Contract Addendum for Engineering Inspection Services Nawrocki stated this is $27,000 over the Huset Parkway estimate. Fehst again referred to the Pay- As-You-Go TIF. Funds will be replaced by taxes paid. Ryland Company indicates this is their fastest growing project in the country. Nawrocki stated that TIF does not support police, fire, and local government services. Fehst stated that taxes on this 30 acre parcel will be up to 50 times greater than past taxes received. Nawrocki stated that now the city wants to extend the TIF district on Central Avenue for purposes other than city services. Williams stated that we receive a ten percent TIF administrative fee. Motion to authorize Contract Addendum No. 1 for additional Engineering Inspection Services added by the City to Bolten and Menk, Inc. in the amount of $27,411.50 with funding out of State Aid and Huset Parkway Phase II Development Agreement. 12) Final Payment for Huset Parkway Project Motion to accept the Engineer's Report of Final Acceptance for the Huset Parkway Project, City Project #0404; and, authorize Final Payment of $97,609.83 to Frattalone Companies of St. Paul, Minnesota. 13) Approve the items listed for rental housing license applications for February 12, 2007 Motion to approve the items listed for rental housing license applications for February 12, 2007. 14) Approve reissue of rental housing_license for 564 Huset Parkway NE as it complies with City Code Motion to issue arental-housing license to Robert Machel to operate the rental property located at 564 Huset Parkway N.E. in that the provisions of the residential maintenance code have been complied with. i ~) Approve reissue of rental housing license for 39 i 1 Van Buren Street N.E as it complies with City Code Motion to issue arental-housing license to Svitlana Moore to operate the rental property located at 3911 Van Buren Street N.E. in that the provisions of the residential maintenance code have been complied with. 16) Approve Business License Applications Motion to approve the items as listed on the business license agenda for February 12, 2007 as presented. 17) 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 120237 through 120477 in the amount of $3,372,995.81. City Council Minutes February 12, 2007 Page 4 of 20 Motion by Williams, second by Kelzenberg, to approve the Consent Agenda items as presented, with the exception of items number 3, 4, 7, and 10. Upon vote: All ayes. Motion carried. Items removed for discussion 3) Authorize Architectural Services for Design and Construction Management of Liquor Stores Peterson introduced Jeff Oertel, principal of Oertel Architects. Fehst corrected any misunderstanding by stating that we are not adding liquor stores, but are building to supplant two we currently rent. Fehst listed rental per square foot ratios and anticipated increases at the Central Avenue store and the 37t'' Avenue store. He indicated that the Council has considered possible locations since 2000. It has not been determined if the University Avenue liquor store would close. He stated that the Council approved the land purchase on 50th and Central and then the site on 37th became available for the raw land price. We are building two stores to replace leasing costs of over $220,000 a year. Fehst stated that the recommendation is to design both buildings for the sum of $191,000. One store alone would be $125,000. Jeff Oertel indicated his excitement to establish a brand for the stores, work closely with staff, and share designs with the City Council. He indicated that Diane, a staff member, has 25 years of commercial experience such as this. Oertel stated that he would be happy to answer any questions. Diehm stated that one of the concerns she raised was the hope to set the standard for Central Avenue and the Apache area. This is a chance to redevelop areas that needs help. She stated understanding that the future of the liquor business is undeterminable, and that the plan is to build for other possible uses if necessary. Diehm stated that being in the liquor business has been voted on and approved by our residents twice. It generates revenue. She reassured residents that we are not moving forward blindly. Our Liquor Department and Cormnunity Development Department will be involved and will look to build something we are proud of. Nawrocki stated his support for the store on 37th, but has concerns with our future in the liquor business referring to reductions in profits especially with the stores on Central and University. He stated surprise that the 2006 reports are not yet available. He stated his concern that this company has retail experience but no experience in designing liquor stores. There are special problems with the Central Avenue site such as property elevations and how deliveries would be received. Nawrocki stated disappointed that there was not a general bid solicitation and that Council did not get to talk to each firm to pick their brains and get information. The process has been flawed. He stated that we should not include the Central Avenue store. Diehm clarified that MGM Liquor is not in Columbia Heights and is not our store. Fehst stated that he has sent a letter to the local papers to clarify the situation. We have been unable to determine the validity of the published negative Letter to the Editor. Motion by Kelzenberg, second by Diehm, to authorize the Mayor and City Manager to enter into an agreement with Oertel Architects for architectural and construction management services based on their proposal at a cost of $190,000. Motion by Nawrocki to amend to delete the store on Central Avenue from the contract. Peterson called for a second to the motion. Diehm stated that we are getting an excellent value designing both buildings at same time, being fiscally responsible, and doing more with less and less. City Council Minutes February 12, 2007 Page 5 of 20 Nawrocki indicated that the architect's overall cost is only five percent and that most architects work at about double that cost. He questioned what we are or are not getting. There is an on going effort in the Legislature to allow beer and wine sales in grocery stores. That would be a deterrent to profitability. The amendment died for lack of a second. Upon vote: All ayes. Motion carried. 4. Establish 2007 calendar for Work Session meetings Nawrocki stated that the earlier time on the third Monday helps him. The calendar handed out makes the dates and times easier to see. He questioned if there would be any conflict with Board and Commission meetings. Diehm stated that the only conflict might be the Traffic Commission. Young explained that their meeting begins at 6:00 p.m. and one hour is normally sufficient. Fehst listed work session items for February 21: community center study and presentation (the School Board has been invited), Board and Commission reappointments and information on the road project feasibility report. Nawrocki stated that he would be unavailable for the meetings on the first and second Mondays in March. Peterson indicated his understanding that not everyone will be able to attend every meeting, but this tries to accommodate members and allows a full year calendar to work around. Nawrocki stated that the community center would be discussed at the next work session. He has concerns on the way it is going. Placing gyms at the High School has not received the same attention as the other sites. He referred to building costs and lack of discussion on operating costs. Nawrocki stated concern that this might not go to a vote of the residents. Motion by Williams, second by Kelzenberg, to accept the 2007 Work Session calendar as proposed. Upon vote: All ayes. Motion carried. 7. Appointment to the Economic Development Authority -removed Peterson indicated there was one applicant, which Council members interviewed. This is a mayor's appointment. His choice is to appoint the applicant, Marlaine Szurek. Nawrocki stated that she is already on the Planning and Zoning Commission and we should have as much input from as many citizens as we can. Motion by Kelzenberg, second by Diehm, to appoint Marlaine Szurek to the Economic Development Authority for the tern to expire January 8, 2009. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes -1 nay. Motion carried. 18}Authorize the capital equipment replacement of Rescue 3, 2001 Ford Expedition Gorman stated tl°~is would replace the Ford Expedition, which would then be used as the chief s vehicle. The current chief's car would be used for daily inspection as this function puts on many miles. The Department would also like to remove the 1977 pumper truck from the fleet. He stated City Council Minutes February 12, 2007 Page 6 of 20 that an ISO update could reduce us from a four to three. The requested truck would be a one ton because of all the equipment it would carry. The purchase would be from the state contract. Nawrocki stated he inspected the vehicle and there is good life left in it. He questioned if the ISO would permit the pumper truck elimination. We need to get more life out of the equipment that we have. Peterson asked for confirmation that the Chief would use the Expedition. Gorman stated yes and his 91,000 mile vehicle would be used for inspections and abatements. This would extend the life of the Expedition. Peterson indicated that the idling hours are high and very hard on vehicles. Williams questioned if this purchase was in the budget for this year. Gorman stated that it was. Motion by Williams, second by Kelzenberg, to authorize the purchase of one (1) new Ford F350 4x4 super duty super cab pickup truck from Elk River Ford in the amount of $22,689; and an eight foot fiberglass utility box from Truck Utilities Inc. in the amount of $10,150; and a graphics package from Advance Graphix Inc. in then amount of $450; and emergency lights and electrical work from Emergency Automotive Technologies in the amount of $10,100; and mounting brackets for equipment from Fire Equipment Specialties in the amount of $1,500. Funding shall be from the Fire Capital Equipment fund 439-42200-5150. Upon vote: Kelzenberg, aye; Williams, aye; Diehzn, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. PUBLIC HEARINGS A) Adopt Resolution 2007-18 re arding maximum permitted basic programming service rates and adopt Resolution 2007-19 re ag rding the maximum permitted equipment and installation rates. Fehst stated that Steve Guzzetta, our Cable Attorney, would describe the resolution requests and indicated that their firm is negotiating a new cable contract. Steve Guzzetta, Bradley and Guzzetta, stated his fine. represents the City on cable and telecommunications items. On an annual basis Comcast files forms 1240 and 1205, to calculate basic rates. The company decides what determines the basic tier and the equipment includes such. things as converter boxes, installation. costs, etc. Guzzetta stated that the proposed rates were filed in March of 2006. In the past, the City Council has performed a detailed review of the rates to be sure they comply with FCC regulations. These rates were not reviewed in that manner. Guzzetta stated that the options for Council are: A) do nothing and allow the rates to go through by default, or B) perfonm no review and issue rate orders preserving the City's rights to the extent possible. The proposed resolutions preserve the City's rights. FCC rules require this be a public hearing. Mayor Peterson asked if there was anyone present wishing to speak on this topic. There was not. Motion by Diehm, second by Kelzenberg, to close the public hearing and waive the reading of Resolution 2007-18, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehim, second by Kelzenberg, to adopt Resolution 2007-18, being an Order regarding the mmaximum penmitted basic prograimming service rate set forth in the Federal Communications CornrYiission Forr,-~ 1.240 filed by Comcast on or about March 1, 2006. Upon vote: All ayes. Motion carried. City Council Minutes February 12, 2007 Page 7 of 20 RESOLUTION NO.2007-18 ORDER REGARDING THE MAXIMUM PERMITTED BASIC PROGRAMMING SERVICE RATE SET FORTH IN THE FEDERAL COMMUNICATIONS COMMISSION FORM 1240 FILED BY COMCAST ON OR ABOUT MARCH 1, 2006 WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984, 47 U.S.C. § 543, as amended, the City of Columbia Heights, Minnesota (hereinafter the "City"} is permitted to regulate rates for basic cable service; and WHEREAS, the City is certified as a rate regulation authority pursuant to rules of the Federal Communications Commission (hereinafter "FCC"); and WHEREAS, Comcast of Minnesota, Inc. (hereinafter "Comcast"), the local franchise holder, filed with the City an FCC Form 1240 "Updating Maximum Permitted Rates for Regulated Cable Services", on or about March 1, 2006, purporting to set forth and justify the maximum rate it could charge to subscribers in the City for basic cable service (hereinafter the "2006 FCC Form 1240"); and WHEREAS, the City held a public hearing to solicit the views of interested persons concerning the 2006 FCC Forni 1.240; anrt WHEREAS, the rate set forth herein will govern Comcast's basic service rate until Comcast lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved: 1. Comcast's maximum permitted rate for basic cable service, as calculated in the 2006 FCC Form 1240, is neither approved nor denied, but may: (i) function as a basic service rate ceiling during the relevant rate period; and (ii) be utilized in future basic service rate filings, to the extent permitted by and consistent with FCC rules and decisions. 2. Comcast shall not charge any rate higher than the maximum permitted rate set forth in the 2006 FCC Form 1240, nor increase that rate, unless such rate is first filed with and approved by the City, in accordance with applicable law and regulations, including but not limited to the notice requirements imposed by 47 C.F.R. § 76.1603, or as otherwise expressly permitted under applicable law and regulations. 3. Comcast may charge rates less than the lawful maximum permitted rate for basic service, as long as such rates are applied in a uniform and nondiscriminatory way, pursuant to applicable federal, state and local laws and regulations. The City, however, shall not be deemed to have approved such rates. 4. This Order is based on the representations made by Comcast in its 2006 FCC Form 1240. Should information come to the City's attention that these representations were inaccurate in any material way, the City reserves the right to take appropriate action. This Order is not to be construed. as a finding that the City has accepted as correct any specific entry, explanation, calculation or rate in the 2006 FCC Form 1240. 5. The City reserves all of its rights with respect to rate regulation, including (but not limited to): (i) the right to request and review data, and documents concerning the 2006 FCC Form. 1240 in order to determine the impact, if any, such data and documents have on rates proposed in future basic service rate filings; (ii} the right to address issues raised in the 2006 FCC Form 1240 that are relevant to any City review of subsequent basic service rate filings; and (iii) the right to request additional information concerning the 2006 FCC Form 1240 that is relevant to any City review of subsequent basic service rate filings. 6. This Order constitutes a written decision for purposes of 47 C.F.R. § 76.936(a). 7. This Order shall be effective immediately upon its approval by the City. 8. This Order shall be released to the public and to Comcast, and a public notice shall be published stating that this Order has been issued and is available for review, pursuant to 47 C.F.R. § 76.936(b). Motion by Diehm, second by Kelzenberg, to close the public hearing and waive the reading of Resolution 2007-19, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution 2007-19, being an Order regarding the maximum permitted equipment and installation rates set forth in the Federal Communications City Council Minutes February 12, 2007 Page 8 of 20 Commission Form 1205 filed by Comcast on or about March 1, 2006. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2007-19 ORDER REGARDING THE MAXIMUM PERMITTED EQUIPMENT AND INSTALLATION RATES SET FORTH IN THE FEDERAL COMMUNICATIONS COMM. FORM 1205 FILED BY COMCAST ON OR ABOUT MARCH 1, 2006 WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984, 47 U.S.C. § 543, as amended, the City of Columbia Heights, Minnesota (hereinafter the "City") is permitted to regulate rates for equipment and installations; and WHEREAS, the City is certified as a rate regulation authority pursuant to rules of the Federal Communications Commission (hereinafter "FCC"); and WHEREAS, Comcast Cable Communications, LLC (hereinafter "Comcast") filed with the City an FCC Form 1205 "Determining Regulated Equipment and Installation Costs, `Equipment Form"' (hereinafter the "2006 FCC Form 1205"), on or about March 1, 2006, purporting to set forth and justify the rates it could charge to subscribers in the City for equipment and installations; and WHEREAS, the City held a public hearing to solicit the views of interested persons concerning the 2006 FCC Form 1205; and WHEREAS, the rates set forth herein will govern Comcast's equipment rates and installation charges until Comcast lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved: 1. Comcast's maximum permitted rates and charges for equipment and installation, as calculated in the 2006 FCC Form 1205, are neither approved nor denied, but may function as a rate ceiling during the relevant rate period. 2. Comcast shall not charge any rates higher than the applicable maximum permitted rates set in the 2006 FCC Form 1205 nor increase those rates, unless such rates are first filed with and approved by the City, in accordance with applicable law and regulations, including but not limited to the notice requirements imposed by 47 C.F.R. ~ 76.1603, or as otherwise expressly permitted under applicable law and regulations. 3. Comcast may charge rates less than the lawful maximum permitted rates for equipment and installation, as long as such rates are applied in a uniform and nondiscriminatory way, pursuant to applicable federal, state and local laws and regulations. The City, however, shall not be deemed to have approved such rates. 4. This Order is based on the representations made by Comcast in its 2006 FCC Form 1205. Should information come to the City's attention that these representations were inaccurate in any material way, the City reserves the right to take appropriate action. This Order is not to be construed as a finding that the City has accepted as correct any specific entry, explanation, calculation or rate in the 2006 FCC Form 1205. 5. The City reserves all of its rights with respect to rate regulation, including (but not limited to): (i) the right to request and review data, and documents concerning the 2007 FCC Form 1205 in order to determine the impact, if any, such data and documents have on rates proposed in future equipment and installation rate filings; (ii) the right to address issues raised in the 2006 FCC Form 1205 that aze relevant to any City review of subsequent equipment and installation rate filings; and (iii) the right to request additional information concerning the 2006 FCC Form 1205 that is relevant to any City review of subsequent equipment and installation rate filings. 6. This Order constitutes a written decision for purposes of 47 C.F.R. ~ 76.936(a}. 7. This Order shall be effective immediately upon its approval by the City. 8. This Order shall be released to the public and to Comcast, and a public notice shall be published stating that this Order has been issued and is available for review, pursuant to 47 C.F.R. § 76.936(b). Nawrocki stated that it does not look like rates are going up, but standard service is going up by six to eight percent and they do this yearly. Guzzetta stated that is above the control of the city, and unregulated rates will be going up. City Council Minutes February l2, 2007 Page 9 of 20 B) Adopt Resolution No 2007-22 adopting the assessment levy for 233 42nd Avenue for the 2006 Street Rehabilitation Project Peterson stated this assessment hearing was previously delayed, as the owner was out of town. Young stated that staff spoke to the owner, explaining the assessment and cost. The owner is in agreement and will not be in attendance tonight. Motion by Williams, second by Kelzenberg, to close the Public Hearing and waive the reading of Resolution No. 2007-22, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by William, second by Kelzenberg, to adopt Resolution No. 2007-22 being a resolution adopting assessment roll for 233 42nd Avenue as part of the Street Rehabilitation Project. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2007-22 RESOLUTION LEVYING AND ADOPTING THE ASSESSMENT FOR 233 42"d AVENUE PROJECT N0.0502, ZONE 7B STREET REHABILITATION Adopting assessment roll according to the City Charter for the following local improvements and determining that said improvements have been made and ratifying and conforming all other proceedings, heretofore had: Special Assessments numbered 2006-Z7-44-002, Mill and Overlay on 42"d Avenue, 2"d Street. to 3`d Street, specifically 233 42"d Avenue, in Project 0502 -Zone 7B. WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 o'clock p.m. on the 12`h day of February, 2007, in the City Council Chamber, 590 40"' Avenue N.E., Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvements above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated and fixed the cost of such local 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 Local Improvements" 2006-Z7-44-002, Project 0502. Section 2: That this Council hereby fords and determines that each of the parcels of land enumerated in said assessment roil was and is especially benefited by such improvement in an amount not less than the amount set opposite in the column headed "Assessment Amount". And this Council further finds and determines that the proper proportion of the cost of such improvements to be especially assessed against such lot or parcel of land is the amount set opposite the description of each such lot or parcel of land respectively in said assessment roll. Section 3: That said assessments may be paid in part or in full without interest on or before March 14th, 2007. Any unpaid amount will be certified to Anoka County for collection with the real estate taxes beginning with the taxes payable in the year 2008. The annual principal installments, together with 6% accrued on the unpaid balance are due and payable with the real estate taxes for a period of ten years as designated on the assessment roll. Section 4: That this Council did hereby determine and re-deternline to proceed with said improvement, does ratify and confirm all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known and numbered as Local Improvement numbered 2006-Z7-44-002, Project 0502. C) Second reading to Adopt Ordinance No. 1521 Rezonin~~of a Portion of the Property at Lot 124A, Block 1 Huset Park from MXD to R-2A. City Council Minutes February 12, 2007 Page 10 of 20 Jeff Sargent, City Planner, stated items C and D are the same case. This is the second reading to rezone a 15 foot portion of lot 124A and part of a minor subdivision to correct encroachment. 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 adopt Ordinance No. 1521, being an Ordinance pertaining to the rezoning of the property located at Lot 124A, Block 1, Huset Park. Upon vote: All ayes. Motion carried. ORDINANCE 1521 BEING AN ORDINANCE PERTAINING TO THE REZONING OF THE PROPERTY LOCATED AT LOT 124A, BLOCK 1, HUSET PARK SECTION 1: WNFRFAS_ the City ~f C~lumhia Heights has indicated the Industrial Park site as a specific area in the Citv_ to focus redevelopment efforts on in an attempt to beautify the City and encourage positive growth; and WHEREAS, the City of Columbia Heights recognizes that the MXD, Mixed Use Development zoning is not consistent with a single-family zoning classification needed to accommodate a successful property line adjustment; and WHEREAS, rezoning from MXD, Mixed Use Development to R-2A, One and Two Family Development provides for an opportunity to correct property line encroachment issues between a redevelopment area and as single-family dwelling; and WHEREAS, the rezoning is consistent with the City Comprehensive Plan and would resolve property line encroachment issues; and WHEREAS, the zoning classification of the property for the proposed parcel is compatible with the proposed R-2A, One and Two Family Residential classification, and BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of the proposed rezoning from MXD, Mixed Use Development to R-2A, One and Two Family Residential. SECTION 2: This ordinance shall be in full force and effect from and after 30 days after its passage. D) Adopt Resolution No. 2007-21 being a Resolution a~~provin~ a minor subdivision located at Lot 124A, Block 1 Huset Park. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2007-21, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to approve Resolution No. 2007-21, approving a minor subdivision at Lot 124A, Block 1, Huset Park, subject to the conditions stated in the Resolution. Upon vote: All ayes. Motion carried. Nawrocki stated his understanding that 5th Street and Guavitte were only blocked off for reconstruction, but has now been told it is permanent. Peterson indicated his understanding that these streets would be permanently blocked off. Sargent explained that some maps can take up to six months or longer to show new information. The approved plats show the vacation of the street. Nawrocki referred to the old K- mart project screening, which is now a mound that will allow water ponding. There is a drop on the west side of the roadway that was supposed to have a guardrail. Someone keeps making changes that we are not told about. Peterson stated that a guardrail could be placed for public safety. RESOLUTION NO. 2007-21 RESOLUTION APPROVING A MINOR SUBDIVISION WITH CERTAIN CONDITIONS FOR HUSET PARK DEVELOPMENT CORP. City Council Minutes February 12, 2007 Page I 1 of 20 WHEREAS, a proposal (Case No. 2007-0102) has been submitted by the Huset Park Development Corp. to the City Council requesting a minor subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: Lot 124A, Block 1, Huset Park EXISTING LEGAL DESCRIPTION: Lot 124A, Block 1, Huset Park PROPOSED LEGAL DESCRIPTION: Lot 124A, Block 1, Huset Park THE APPLICANT SEEKS APPROVAL OF A MINOR 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: 1 The nrnnr,~erl auhdivicic,n ~f land will nit result in more than three lots. _. ____ r__r ____ __._ __ _ _ 2. The proposed subdivision of land does not involve the vacation of existing easements. 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. 4. The proposed subdivision does not require the dedication of public rights-of--way for the purpose of gaining access to the property. 5. The property has not previously been divided through the minor subdivision provisions of this article. 6. The proposed subdivision does not hinder the conveyance of land. 7. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. 8. The proposed subdivision meets all of the design standards specified in the §9.114. FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. CONDITIONS: All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. E) Second reading to Adopt Ordinance No 1520 being an ordinance amending Chapter 8, Article I of the City Code of the City of Columbia Heights pertaining to public nuisances. Fire Chief Gary Gorman stated this adds graffiti to the public nuisance ordinance and eliminates the requirement of certified registered mail. for abatements, which is costly and ineffective for our department. Nawrocki questioned the requirement to remove graffiti in two days. Minor offenders doing community service cleaned up graffiti. Fehst stated that we would continue to have community service workers do this on public property. Literature states the importance of immediate cleanup so groups are not marking their territory. Motion by Williams, second by Kelzenberg, to close the Public Hearing and waive the reading of Ordinance No. 1520, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to Adopt Ordinance No. 1520, being an ordinance amending Chapter 8, Article I of the City Cade of the City of Columbia Heights pertaining to public nuisances. Upon vote: All ayes. Mahon carried. ouDINANCE No. iszo BEING AN ORDINANCE AMENDING CHAPTER 8, ARTICLE II, CITY CODE PERTAINING TO PUBLIC NUISANCES City Council Minutes February 12, 2007 Page 12 of 20 The City of Columbia Heights does ordain: Chapter 8, Article II of the Columbia Heights City Code, is hereby amended to read as follows: § 8.204 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY. The following are declared to be nuisances affecting public peace and safety: (R) Failure to remove or cover graffiti within two business days (Monday through Friday excluding legal holidays) of the discovery or notification of the presence of graffiti is declared to be a public nuisance For purposes of this section graffiti is defined as the unpermitted application of any drawin ig nscription figure or mark won a structure wall rock bridge building fence gate roadway tree or other real or personal property either privately or publicly owned. {S-} (T) All other conditions or things which are likely to cause injury to the person or property of anyone. § 8.206 ABATEMENT. (2) Notice of City Council hear•irzg. Written notice of any City Council hearing to determine or abate nuisance shall t,,, „,~i ,..., aw„ .. ,. F'«o....,-.7 ,+.i ., .,t ..F tL.c c:tl~c r.vrcnri nr 1~<i ~.-t: F: o.7 ..; ate ~•7 maid Tf tt~a vt: Sii v'i.u uta ut~. vvv ii~r vi a~.~+viu auu vvvupaaa~ vi u... pr.°.u...>v~ ..a u~va .n ~,....~..,...,. .~~ ....... ,_ ..... premises is not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept notice of the City Council hearing, notice of City Council hearing shall be served by posting it on the premises. F) AdoRt Resolution No 2007-23 being a Resolution for Rental Housing License Revocation at 4801 Grand Avenue N.E. Gorman stated this property had an inspection with the tenant. Revocation is for failure to submit the license application and fees. This is a town home in Grand Central Lofts. An extension was granted, but we have heard nothing further. Williams stated his belief that this is in bankruptcy. Mayor Peterson asked if there was anyone present to represent this property. There was not. Motion by Kelzenberg, second by Nawrocki, close the public hearing and to waive the reading of Resolution No.2007-23, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Nawrocki, to adopt Resolution No. 2007-23, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental license held by Ban Properties regarding rental property at 4801 Grand Avenue N.E. Upon vote: All ayes. Motion carried. Nawrocki questioned these units being rented. Gorman stated this is the first rental in that project. RESOLUTION 2007-23 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Ban Properties (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4801 Grand Avenue N.E., Columbia Heights, Minnesota, Whereas, pursuant to Ciry Code, Chapter SA, Article IV, Section SA.408(B}, written notice setting forth the causes and reasons for the proposed Council. action contained herein was given to the License Holder on 3anuary 22, 2007 of an public hearing to be held on February 12, 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 City Council Minutes February 12, 2007 Page 13 of 20 1. That on November 7, 2006, inspection office staff sent a letter requesting the new owner of the property to 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. January 22, 2007, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. 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: Failure to submit a rental license application, failure to schedule a rental license inspection. 4. 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 SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U4801 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 revnkino the licence as held by T.icense H~lder_ G) Adopt Resolution No 2007-24 being a Resolution for Rental Housing_License Revocation. at 4502 Washington Street N.E. Gorman stated there are three items left to complete. We have not been able to re-inspect the interior and they have not asked for an extension on painting the exterior. Mayor Peterson asked if there was anyone present to represent this property. There was nat. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution No.2007-24, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Nawrocki, to adopt Resolution No. 2007-24, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental license held by L & P Asset Holding LLC regarding rental property at 4502 Washington Street N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2007-24 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by L & P Asset Holding LLC (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4502 Washington Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on January 11, 2007 of an public hearing to be held on February 12, 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 October 31, 2006, inspectors for the City of Columbia Heights, inspected the property described above and noted eleven 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 January l I, 2007, inspectors for the City of Columbia Heights, reinspected the property and noted three violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed an the rental housing license application. 3. That on February 5, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and City Council Minutes February 12, 2007 Page 14 of 20 noted three 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: Shall provide and install a cover on the electrical box on the back of the hot water heater, shall install a door on the northwest bedroom, and shall scrape and paint the garage. 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 SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8107 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. rT~ w ~_._~ ri_ _~,_.:__ i.r.. ~nn^~ 7C L~:.,.,.. D..,.,.1,.~:,,«. ~ ,. D~,.-.+.,1 Lr~. T innr+oo 1?vvnn~tinn a4 d.Sdd I1~ l-1UUIJl AGJUlUL1V11 1VV GVV/-GJ VG111Y, a AWV1Ul1V11 1V1 t~tJit~at liyujin~, Laa.~+iiot+ iwvvvu~ivu u Filltnore Street N.E. Gorman asked that this resolution be removed, as the property came into compliance today. Nawrocki stated that the address on the garage is backwards. Angelic Wilson, 4544 Fillmore, stated that she is the upstairs tenant and indicated her concern of what would happen to her and her children if the license were revoked. Wilson listed other items in need of repair such as a bent garage door, leaking stone windows, ice on the bedroom walls, overflowing and blocked sinks and a dryer that is not hooked up. She indicated she was ticketed far parking on the street. Gorman stated that this revocation dates back to eight violations from last October. There were exterior violations that had a seasonal extension until spring. He stated that there can be an inspection of additional items. Dielnn explained the revocation process, and stated that if the Fire Department would post the building, tenants would have 60 days for the landlord to correct the violations or for the tenants to find different housing. She stated there is a citywide prohibition of street parking from 2:00 a.m. to 6:00 a.m. in the winter to clean streets, and this is posted at the entrance to the city. Gorman indicated he would give Ms. Wilson a copy of the handbook for tenants. Nawrocki described the process to withhold rent, which must go through the court system. Peterson requested the Fire Department expect the entire apartment and the plumbing and then contact the owner to bring the building up to code. Nawrocki stated that in the same alley, at 4534 and 4506, there are vehicles without current license plates, and unpaved parking at 4506. I) Adopt Resolution No 2007-26 being; a Resolution for Rental Housing License Revocation at 4341 Tyler Street N.E. Gorman indicated there is still garbage around the dumpster. Mayor Peterson asked if there was anyone present to represent this property. There was not. City Council Minutes February 12, 2007 Page 15 of 20 Motion by Nawrocki, second by Williams to close the public hearing and to waive the reading of Resolution No. 2007-26, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2007-26, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental license held by Boopendra Phalgoo regarding rental property at 4341 Tyler Street N.E. Upon vote: All ayes. Motion carried. Nawrocki stated that 970 44th has a pile of brush that needs to be picked up. RESOLUTION 2007-26 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Boopendra Phalgoo (Hereinafter "License Iloldcr"). Whereas, license holder is the legal owner of the real property located at 4341 Tyler Place N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on January 22, 2007 of an public hearing to be held on February 12, 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 January 9, 2007, inspectors for the City of Columbia Heights, inspected the property described above and noted one violation. 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 January 22, 2007, inspectors for the City of Columbia Heights, reinspected the property and noted one violation 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 February 2, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted one violation 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: Shall remove any/all garbage from around the dumpster area. Including oil, stove, tv. 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 SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein. and identified by license number F8117 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 pasting of this Order revoking the license as held by License Holder. J) Adopt Resolution No 2007-27 being a Resolution for abatement of violations at 4625 Tyler Street N.E Garman stated there were meetings on January 5 and January 17 regarding graffiti on the buildings. An immediate abatement was ordered to cover the graffiti.. Mayor Peterson asked if there was anyone present to represent this property. There was not. City Council Minutes February 12, 2007 Page 16 of 20 Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2007-27, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2007-27, a resolution of the City Council of the City of Columbia Heights declaring the property at 4625 Tyler 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 2007-27 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 Salah Farghaly (Hereinafter "Owner of Record"). Whereas the owner of record is the legal owner of the real property located at 4625 Tyler 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. 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 January 5, 2007 the Fire Chief was notified that graffiti of an offensive nature existed on the structure located at this address. Due to the inability of the City of Columbia Heights to locate a responsible person for this property the Fire Chief ordered an immediate abatement of all graffiti on the structure. 2. That on January 5, 2007 DuAll Services spray-painted. over the graffiti. 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: Graffiti of an offensive nature existed and was removed. 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 4625 Tyler 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 4625 Tyler 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. K} Adopt Resolution No. 2007-28 being a Resolution for abatement of violations at 4633 Tyler Street N.E Gorman stated this is also for immediate abatement of graffiti. Mayor Peterson asked if there was anyone present to represent this property. There was nat. Motion by Nawrocki, second by Williams, to close the public hearing and to ~~raive the reading of Resolution No. 2007-28, there being ample copies available to the public. Upon vote: A11 ayes. Motion carried. City Council Minutes February 12, 2007 Page 17 of 20 Motion by Nawrocki, second by Williams, to adopt Resolution No. 2007-28, a resolution of the City Council of the City of Columbia Heights declaring the property at 4633 Tyler 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 2007-28 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 Salah Farghaly (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4633 Tyler 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. 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 I. That on January 5, 2007 the Fire Chief was notified that graffiti of an offensive nature existed on the structure located at this address. Due to the inability of the City of Columbia Heights to locate a responsible person for this property the Fire Chief ordered an immediate abatement of all graffiti on the structure. 2. That on January 5, 2007 DuAll Services spray-painted over the graffiti. 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: Graffiti of an offensive nature existed and was removed. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(8). CONCLUSIONS OF COUNCIL 1. That the property located at 4633 Tyler 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 maybe, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1.The property located at 4633 Tyler Street N.E. constitutes a nuisance pursuant to City Code. 2.That a copy of this order shall be served upon ail relevant parties and parties in interest. ITEMS FOR CONSIDERATION Other Business 1) Home rehabilitationpro~ram home replace program and contamination remediation program Peterson indicated this item is informational. Bob Streetar, Community Development Director, spoke regarding legislation to extend the Central. Avenue TIF district. This would follow City Goal #3 and the City's Comprehensive Plan to promote and preserve single family homes, support upgrading of older Names in the community, and imprave housing stock. The median year of homes built in our community is 1957; this is fourteen years older than the rest of the metro. Ir-nprove~~nPnt resources, such as CDBCT funds, continue to decline and the state loan program, This Old House was eliminated. There were 72 hoirtes participating in that program. Streetar stated that we currently fund a $35,000 GMHS rehabilitation progratrt. City Council Minutes February 12, 2007 Page 1 R of 20 Streetar indicated that extension of the TIF district along Central Avenue would allow for residential rehabilitation funds and be used to address the contamination along Central Avenue in the area of Mady's, estimated at about $3,000,000. This area was a dump and is very contaminate. The grants available for contamination clean up are declining. We have housing, deferred maintenance, and contamination issues. Without intervention, it will get worse. Streetar indicated that the A3C7 tax increment financing district is from 37th to 43rd Avenue. It generates $650,000 a year now. Streetar suggesting extending the district for 25 years for housing rehabilitation, replacement, and contamination cleanup. He stated that when the TIF district decertifies we could receive less government aid. This information has been presented to the EDA and City Council. The EDA voted 6 ayes - 1 nay to move forward. Staff has meet with our Legislators and they are supportive. The funds would be available in 2010, but bonds could be sold for earlier use. Streetar indicated that if the TIF district closes, the option to extend the district would no longer be possible. Nawrocki spoke on the history of the TIF district and bonds to build PVVS. There was to have been an interest savings on those bonds. He stated that he has not received the annual TIF report. Residents were told that when this TIF district ended there would be tax relief. With this, they would not receive that benefit for 25 years. This should require better information to the community and should be subject to a referendum. There is merit in housing rehabilitation. The contamination cleanup should have been considered prior to the land purchase. Streetar pointed out that there are now less service calls to the new developments. Home improvement interest may also be tax deductible. Fehst stated that funding would be available to families making $88,000 a year or less, and so would be available to most Columbia Heights residents. The extension of the district to build PWS benefited the 45 families that live there. This has a chance to benefit the entire community. Williams stated that the Legislature would have to approve this. It has his support. When people understand it, it would pass. Kelzenberg asked if we have the support of Senator Chaudhary. Streetar stated that we have the support of Representative Laine and Senator Chaudhary has asked for further information. Nawrocki indicated that he would have liked to attend the meeting with the Legislators and would Like to attend the next meeting with them. Peterson stated that this would be a good thing for Columbia Heights. 2) Approve request for donation toward the Anoka County 150th Anniversary celebration Peterson listed the difference in the two suggested motions. Nawrocki asked if anyone has talked to the Historical Society and if they have money in their budget. Mohan by Nawrocki, second by Williams, to contribute $100 toward the Anoka County 150th Anniversary celebration vVitl"i funding to carme frog,~~ the fund balance. Peterson restated the emotion fora $100 donation to the Anoka County celebration. City Council Minutes February 12, 2007 Page 19 of 20 Nawrocki indicated he meant $1,000 in his motion. Williams withdrew his second. Diehm suggested approving a $500 donation tonight and that staff speak to the Columbia Heights Historical Society. If they can not contribute, the issue could be revisited. Motion by Diehm, second by Kelzenberg, to contribute $500 and check into the Columbia Heights Historical Society donating $500 to the Anoka County 150th Anniversary celebration, with funding to came from the fund balance. Miscellaneous Nawrocki indicated he spoke to the City of Fridley Manager regarding a WiFi system and cable programming. A joint meeting on common concerns was suggested. A time and topics to discuss should be agreed upon. Fehst stated that the councils maybe able to meet following the Southern Anoka County Community Consortium event at the Fridley Community Center. Diehm suggested a separate meeting to discuss WiFi, crime and redevelopment. She also suggested a joint meeting with the City of St. Anthony in the Fall. Fehst referred to improvements on University from 30t'' to 45th as a discussion item. Nawrocki stated. that the Anoka County Historical Society book will be at our Library from March 1 to March 22. ADMINISTRATIVE REPORTS Report of the City Manager Fehst referred to the meeting with Minneapolis Councilmember Paul Ostrow on streetcars. He indicated that they are currently rewriting their cable franchise and would like to have free Universal Service like Columbia Heights has. Nawrocki • Why aren't the Council meeting agendas put on cable TV on Fridays like they used to be. The public should have a three day notice. Agendas are posted on the bulletin boards, but that is not the best way to reach the community. • The Mill Street side of City Hall has the address number of 590, which is the 40th Avenue address. It is not the proper way to identify the building. The 40th Avenue door is locked during meetings, so people have to enter in the Mill Street door. Fehst indicated that the Mill Street address probably shocrld list the entire 40`" Street address. • Questioned if the parkway signage letter by Adam Davis was discussed at the Traffic Commission meeting. Kel~enberg stated that their last meeting was cancelled. • At the work session the Recreation Director presented changes to the city newsletter. Takes strong exception to this. Went through this discussion before. We have local printer that should be allowed to bid. • Council does not want to pay $1,000 to work with the County Historical Society, but spent $1,000 to work with Kennedy and Graven. to extend the TIF district for 25 years. The Legislators have a department to develop the bills. Why pay an independent when they can have it done. • Questioned paying $5,000 to Patchin, Missner and Dodd for 4849 Central appraisal. Streetar stated that is for a quick take condemnation of the right-of--way at Savers. The process is not complete and the appraisal was required. • Questioned the Frattalone overruns on the parkway, including lead disposal and why it is City Council Minutes February 12, ?007 Page 20 of 20 charged to the general fund and water utility fund. Streetar stated that was part of the original agreement. • Concerned that a printer was purchased for the engineering department at a dollar amount just under the amount that would require Council approval. Report of the City Attorney -none CITIZENS FORUM -none Peterson stated he had a request to eliminate Council Corner. COUNCIL CORNER Nawrocki • Attended the Local County Elected Official meeting. Information was received that Anoka County wants to establish their own EDA. Streetar indicated that legislation was apps°oved last year and is now being implemented. We should participate to indicate that we have our own EDA and should not have to contribute, like our library. • Metro Transit Board is lobbying for an increase in state sales tax for transportation, gas tax, license tab adjustment and wheelage tax increase for transit. Diehm • There is now free tax assistance for seniors and low income qualifiers at Murzyn Hall. • There will be a child safety seat clinic on Tuesday, February 20 from 4:00 to 7:00 pm at the Fire Department • Immaculate Conception will host a talent show on Friday, Saturday, and Sunday. Motion by Williams, second by Kelzenberg, to adjourn. Peterson • Meet with Minneapolis Council member Paul Ostrow regarding the possibility of streetcars serving Columbia Heights and Northeast Minneapolis. We will next meet with Hennepin County, the City of Minneapolis and Anoka County. • Attended the Local Elected Officials meeting where the Department of Veterans Affairs requested cooperation with our returning service men and women. Welcome them back. They will have some problems with re-entrance to society. Welcome theirs, and snake sure we show our appreciation for their service. ADJOURNMENT Peterson adjourned the meeting at 10:05 p.m. .~ t r=, ^;, _ 1 1 r 1 , ~t ~ ~ E. ~~ ~1~ ~~ -' i i ~ {i I~atricia Muscovitz CMC Deputy City C1erklCouncil Secretary