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August 13, 2007 Regular
CITY OF COLUMBIA HEIGHTS Ma or -L Gary L. Peterson 590 40th Avenue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763) 706-3692 Councilmembers Visit our website at: www. ci. Columbia-heights. mn.us Robert A. Williams Bruce Nawrocki Tammera Diehm Bruce Kelzenberg City Manager Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, August 13, 2007 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDERIROLL CALL/INVOCATION Invocation by Rev. Janice Bornhoft, First Lutheran Church. 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon maj ority vote of its members, may make additions and deletions to the agenda. These maybe items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS, PRESENTATION, RECOGNITION, GUESTS 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve meeting minutes for Columbia Hei ht.~v Council meeting of July 23, 2007, and the special City Council meeting of July 30, 2007, as presented MOTION: Move to approve meeting minutes for regular City Council meeting of July 23, 2007 as presented. MOTION: Move to approve meeting minutes for special City Council meeting of July 30, 2007 as presented. B. Accept Board and Commission meeting minutes MOTION: Move to accept the minutes of the July 19, 2007, Charter Commission meeting. MOTION: Move to accept the minutes of the May 14, 2007 Economic Development Authority meeting. MOTION: Move to accept the minutes of the March 27, 2007 Economic Development Authority meeting. MOTION: Move to accept the minutes of the August 8, 2007, Planning & Zoning Commission meeting. p. 6 p. 26 p. 27 p. 29 p. 32 p. 37 City Council Agenda Monday, August 13, 2007 Page 2 of 5 C. Acknowledge closed Executive Session of Monday 30, 2007, at approximately 6:00 p.m. p ~ 4 ~ for the purpose of conducting a performance review of the City Manager. D. Abbrove transfer of funds from General Fund to Police Department-Drug Task Force p ~ 4 s MOTION: Move to transfer $1,200, the amount of money received from Anoka County as partial reimbursement for overtime worked by our member in the Anoka/Hennepin Drug Task Force, for the second quarter of 2007 from the General Fund to the Police Department 2007 Budget line # 1020 Overtime. E. Approve transfer of funds from General Fund to Police Department--Operation Nite Cap p . 5 0 MOTION: Move to transfer $4,083.19, the amount of money received from the State of Minnesota for our efforts in the Operation Nite Cap program for May and June 2007 from the General Fund to the Police Department budget line # 1020 Overtime. F. Approval of the reissue of rental housing license to Michelle Parson to operate rental property p . 56 located at 4226 4th Street N.E. MOTION: Move to issue arental-housing license to Michelle Parson to operate the rental property located at 4226 4th Street N.E. in that the provisions of the residential maintenance code have been complied with. G. Approval of the attached list of rental housin license applications p ~ 5 ~ MOTION: Move to approve the items listed for rental housing license applications for August 13, 2007. H. Adopt Resolution 2007-146, being a Resolution re . ag rdin . the City Manager's compensation p . 6 0 ., MOTION: Move to waive the reading of Resolution No. 2007-146, there being ample copies available to the public. MOTION: Move to adopt Resolution 2007-146, being a resolution regarding the City Manager's compensation. I. Approve Business License Applications p . 6 2 MOTION: Move to approve the items on the business license agenda for August 13, 2007, as presented. J. Approve payment of bills p . 64 MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 122350 through Check Number 122586 in the amount of $3,911,384.82. MOTION: Move to approve the Consent Agenda items. 6. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions Adopt Resolution 2007-134, Approving the 2008 Business License Fees p ~ 75 MOTION: Move to waive the reading of Resolution No. 2007-134, there being ample copies available to the public. MOTION: Move to adopt Resolution #2007-134, being a Resolution adopting the 2008 Business License Fee Schedule as presented. 2 City Council Agenda Monday, August 13, 2007 Page 3 of 5 B. Bid Considerations C. Other Business-- Public Safety Facility Update 7. PUBLIC HEARINGS A. Adopt Resolution 2007-13 3 and hold First Reading of Ordinance 1529, re a.~ riling Approval of a p ~ 8 ~ Comprehensive Plan Amendment/Rezoning of Property at 4800 Block of Central Avenue MOTION: Move to waive the reading of Resolution 2007-133, there being ample copies available to the public. MOTION: Move to adopt Resolution No.2007-133, approving a Comprehensive Plan Amendment to reguide a specific area of land from "Transit Oriented Development" to "Commercial", for those properties located at 4849 Central Avenue, 4811 Central Avenue, 4801 Central Avenue, 4757 Central Avenue and 4755 Central Avenue. MOTION: Move to waive the reading of Ordinance No.1529, being ample copies available to the public. MOTION: Move to set the second reading of Ordinance No.1529 for the rezoning of the properties located at 4849 Central Avenue, 4811 Central Avenue, 4801 Central Avenue, 4757 Central Avenue and 4755 Central Avenue from "Mixed Use Development District" to "General Business", for Monday, August 27, 2007 at approximately 7:00 p.m. in the City Council Chambers. B. Second Reading of Ordinance #1528, being and Ordinance adopting the Minnesota State p ~ 89 Buildin. MOTION: Move to waive the reading of Ordinance # 1528, there being ample copies available to the public. MOTION: Move to adopt Ordinance # 1528, being an Ordinance amending Ordinance # 1456, City Code of 2005, relating to adopting the MN State Building Code. C. Adopt Resolution No. 2007-135 being a Resolution for abatement of violations at 4929 5th p . 92 street N F, MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007- 135, there being ample copies available to the public. MOTION: Move to adopt Resolution No.2007-135, a resolution of the City Council of the City of Columbia Heights declaring the property at 4929 5th Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. D. Adopt Resolution No.2007-136 being a Resolution for abatement of violations at 4625-4633 p . 95 Tyler Street N.E. MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007- 136, there being ample copies available to the public. MOTION: Move to adopt Resolution No.2007-136, a resolution of the City Council of the City of Columbia Heights declaring the property at 4625 Tyler Street N.E. and at 4633 Tyler Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. 3 City Council Agenda Monday, August 13, 2007 Page 4 of 5 E. Adopt Resolution No.2007-13 7 being a Resolution for abatement of violations at 1348-13 50 44- p ~ 9 s 1/2 Avenue N.E. MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007- 137, there being ample copies available to the public. MOTION: Move to adopt Resolution No.2007-137, a resolution of the City Council of the City of Columbia Heights declaring the property at 1348-1350 441/2 Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. F. Adopt Resolution No.2007-138 being a Resolution for abatement of violations at 1016 44th p . 101 Avenue N_F,_ MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007- 138, there being ample copies available to the public. MOTION: Move to adopt Resolution No.2007-138, a resolution of the City Council of the City of Columbia Heights declaring the property at 1016 44th Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. G. Adopt Resolution No.2007-139 being a Resolution for abatement of violations at 3709 Main p . 104 r E MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007- 139, there being ample copies available to the public. MOTION: Move to adopt Resolution No.2007-139, a resolution of the City Council of the City of Columbia Heights declaring the property at 3709 Main Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. H. Adopt Resolution No. 2007-140 being a Resolution for abatement of violations at 3906 T~ p . 10 ~ Street N.F,. MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007- 140, there being ample copies available to the public. MOTION: Move to adopt Resolution No.2007-140, a resolution of the City Council of the City of Columbia Heights declaring the property at 3906 Tyler Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. I. Adopt Resolution No. 2007-141 being a Resolution for abatement of violations at 572 3 8th p . 110 Avenue N_F_ MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007- 141,there being ample copies available to the public. MOTION: Move to adopt Resolution No.2007-141, a resolution of the City Council of the City of Columbia Heights declaring the property at 572 3 8th Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. J. Adopt Resolution No.2007-142 being a Resolution for abatement of violations at 4066 Reservoir p . 113 Boulevard N.E. MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007- 142, there being ample copies available to the public. City Council Agenda Monday, August 13, 2007 Page 5 of 5 MOTION: Move to adopt Resolution No.2007-142, a resolution of the City Council of the City of Columbia Heights declaring the property at 4066 Reservoir Blvd. N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. K. Adopt Resolution No.2007-143 being a Resolution for abatement of violations at 961 Gould p . 116 Avenue N_F MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007- 143,there being ample copies available to the public. MOTION: Move to adopt Resolution No.2007-143, a resolution of the City Council of the City of Columbia Heights declaring the property at 961 Gould Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. L. Adopt Resolution No.2007-144 being a resolution for rental housing license revocation at 2215 p . 119 45th Avenue N.E. MOTION: Move to close the public hearing and to waive the reading of Resolution No.2007- 144, there being ample copies available to the public. MOTION: Move to adopt Resolution No.2007-144, 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 Vivek Kamran regarding rental property at 2215 45th Avenue N.E. M. Adopt Resolution No.2007-145 being a resolution for rental housing license revocation at 4919- p • 12 2 4921 Jackson Street N.E. MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007- 145, there being ample copies available to the public. MOTION: Move to adopt Resolution No.2007-145, 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 Beatriz Martinez-Escobar regarding rental property at 4919-4921 Jackson Street N.E. 8. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10. COUNCIL CORNER 11. ADJOURNMENT Walter R. Fehst, City Manager WF/cb OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JULY 23, 2007 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, July 23, 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, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -Recited ADDITIONS/DELETIONS TOMEETING AGENDA Mayor Peterson removed Resolutions No.116,118,123,124,125,128, l29 and 131, in that the properties have been brought into compliance. Nawrocki requested a report on Resolution No. 2007-125 and a report on the July 10, 2007 Activity Center public meeting. Fehst stated that a survey was distributed, with over 70 percent in favor of a center. Peterson stated he would add an announcement after the Presentations. PROCLAMATIONS. PRESENTATION. RECOGNITION. GUESTS Acknowled e Military - City of Columbia Heights employees Ed Raati and Jesse Davies Peterson gave Ed Raati's military training background and indicated his service in Iraq. Ed arrived back in the United States on June 22. Peterson expressed our gratitude for the job he did for us in Iraq and welcomed him back. He congratulated him on his marriage. Ed Raati thanked everyone for their support. Mayor Peterson presented Ed a key to the City of Columbia Heights. Peterson indicated that Jesse Davies, Public Works Department, will soon leave for Iraq. Jesse is a Major in the US Army. Davies described his 18 years of service. Peterson expressed his gratitude for Jessie taking time taken from his life to serve our country. He stated his appreciation to all our service men and women. Nawrocki indicated that resident, Tyler Shelito, is currently in Iraq. He recently sent an email indicating that the fifth member of his group was killed. Peterson expressed his gratitude to him also. Announcements Peterson indicated that Moonshoe Player Dinner Theater tickets are now on sale. The performance is given by middle and high school students and is a very pleasurable experience. The Recreation Department will host a Safety Camp on August 15, along with upcoming football and soccer camps. Peterson urged residents to have their children participate. CONSENT AGENDA Walt Fehst, City Manager, took Councilmembers through the Consent Agenda items: Nawrocki asked that items A, C and E be removed. A. Approve City Council meeting minutes for the July 9, 2007 re .ular City Council meeting. -Removed. City Council Minutes July 9, 2007 Page 2 of 20 B. Approve the minutes of the July 16, 2007 City Council alley lighting_public improvement meeting. Motion to approve the minutes of the July 16, 2007 City Council alley lighting public improvement meeting as presente . C. Authorization to seek bids for 2007 Sanitary Sewer Pipe Lining Project -Removed D. Accept bids on three (3~~enerators and award the contract to Cummins NPower Motion to accept bids and award the contract for the purchase of generators, including installation, for Water Pump Station 2, Municipal Service Center and Murzyn Hall to Cummins NPower of White Bear Lake, MN, in the amount of $163,390 and authorize the Mayor and City Manager to enter into a contract for the same; and to appropriate $56,900 in the Capital Improvements General Government Buildings Fund for the Murzyn Hall generator. E. Approve Professional Services Agreement with Bonestroo for the 2008 Comprehensive Plan update - R PmnvPrl F. Approval of the attached list of rental housin license applications Motion to approve the items listed for rental housing license applications for July 23, 2007. G. Approve Business License Applications Motion to approve the items on the business license agenda for July 23, 2007 as presented. H. 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 122156 through Check Number 122349 in the amount of $3,114,899.32. Fehst stated that $2 million of this was a tax payment. Motion by Nawrocki, second by Diehm, to approve the Consent Agenda items, with the exception of items A, C and E. Upon vote: All ayes. Motion carried. A. Approve City Council meeting minutes for the July 9, 2007 re ular City Council meeting. Nawrocki requested the following corrections to the July 9, 2007 meeting minutes: Page three -reflect that at the June 11 meeting Council Corner was removed. Page four - discussion on bridge replacement, should note the pedestrian bridge is in the City of Hilltop and there have been no discussions with them relative to replacement. They should be held responsible for one-half of the charges. Page 22 -apartment houses should include 5121, 5131, and 5141 University Page 21- donation to Alexandra house: the motion was not to deny, the motion was to support the City Manager's letter denying the donation. Motion by Nawrocki, second by Diehm, to approve the July 9, 2007 regular City Council meeting minutes, with the stated corrections. Upon vote: All ayes. Motion carried. C. Authorization to seek bids for 2007 Sanitary Sewer Pipe Linin Project Nawrocki asked for the replacement pipe locations. Kevin Hansen, Public Works Director, stated that area is concurrent with the Met Council interceptor line work. This would be Madison Street from 50th to 51St Avenue and 51St Avenue from Madison east to Jackson and the area from 3rd Street from 3 7th to 3 8th Avenue. There would be significant work by the Met Council at 49th and 51St Avenue at Washington. 7 City Council Minutes July 9, 2007 Page 3 of 20 Nawrocki referred to work proposed in the area of 51st Avenue and Madison, indicating several years ago there was backup damage in that area that was not covered by our insurance. Nawrocki requested review of those claims in conjunction with the damage we now find in the lines. Williams asked how long pipe lining lasts. Hansen stated that some PVC pipe, installed properly, can last 100 years. Clay pipe can suffer from cracking or from joint leakage, along with infiltration, and root intrusion. Fehst stated that we did complete due diligence on the cases. Motion by Nawrocki, second by Williams, to authorize staff to seek bids for the 2007 Sanitary Sewer Pipe Lining Project for the pipe segments identified herein. Upon vote: All ayes. Motion carried. E. Approve Professional Services Agreement with Bonestroo for the 2008 Comprehensive Plan update. Nawrocki expressed his unhappiness on the handling of this process. He had requested to be included in the consultant interviews for this and for the police station, as he has more experience with consultants. When you interview the prospective consultants you learn from each one. There has been no notice on when the meetings are held. He asked if there were meeting minutes kept, as he would like to see them. Per State Statute 13D.o1 any subcommittee or committee minutes are to be kept. In review of the three consultants, Bonestroo was not the low bidder at $6-7,000 higher than the low proposal. Nawrocki requested evidence that SEH did not meet the requirements of the RFP. Jeff Sargent, City Planner, indicated the review process of the six proposals. It was determined that SEH, Bonestroo, and URS were the top three consultants. The consensus of the Committee was that Bonestroo would best meet our needs. As we are a built out city, our consulting firm for Comprehensive Plan review needs to be strong in housing and engineering. Sargent described the qualifications and experience of the Bonestroo group. Sargent stated that all firms met the requirements, except URS because they were over the limit requirements. Nawrocki stated that if the requirements are met, you should next look to the cost. He indicated the current Comprehensive Plan has information that would be used again and questioned what credit we would get for this. Diehm stated that this has been discussed many times, but requested the City Attorney's response. Jim Hoeft, City Attorney, indicated that Request for Proposals (RFP) do not have the same requirements as bids. Diehm stated that in review of the proposals, they all have different strengths. She stated her confidence in the staff and committee review and would support the recommendation. An RFP can not be a totally objective process as you are not comparing equal products. Motion by Diehm, second by Kelzenberg, to approve the professional services agreement with Bonestroo for the City of Columbia Heights' 2008 Comprehensive Plan update. Fehst described a Comprehensive Plan and the associated requirements. He referred to a case in the past where a company worked for the city without any proposals for many years. We did seek proposals for this. Nawrocki stated that the Manager's comments were not accurate and explained his point of view. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes -1 nay. Motion carried. Nawrocki listed the difference in the bid amounts. Peterson stated that many times in the past we have taken the low bidder and been disappointed. He City Council Minutes July 9, 2007 Page 4 of 20 referred to Nawrocki's comments of the choice at the last meeting, indicating that it would be counterproductive to choose a consultant you did not like. Nawrocki referred to a low responsive bidder. Peterson stated it is not always best to hire the cheapest company. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. Adopt Resolution 2007-121, being a Resolution approving an Amended and Restated Contract for Private Redevelopment Randy Schumacher, Community Development Project Manager, stated there are two action issues for the industrial park area: one approving an amended development agreement with Huset Park Development Corporation (Brad Schafer being present) and issuance of the TIF revenue bond. As of this date, there are 134 units constructed in Phase I and Phase II. We have removed approximately 140,000 cubic yards of contaminated material in the 30 acre park, and received approximately $4.5 million in grants to pay for the cleanup. Phase III cleanup has just been completed and is ready for development. The north lot cleanup is now completed and ready for development. The original reason the city moved to make this a priority was the low tax value of the industrial park at about $5.2 million, which paid $47,000 in taxes annually. To date, with the new development in Phase I and part of Phase II, we have $27 million in value, and just under $300,000 in taxes. The project is moving well, even though we are in a soft market. In November they will move ahead with 50 units of owner occupied senior co-op housing. Schumacher stated that Resolution 2007-121, amends the contract approved in October 2004, and includes issuance of revenue bond and details of tax increment obligations, updates descriptions of the phases of development, revises the construction schedule, and provides for an EDA interfund tax increment loan to repay $75,000 in environmental costs encountered in construction of the parkway. Steve Bubul, of Kennedy and Graven and Mark Ruff, our fiscal agent from Ehlers and Associates are also present to answer questions. The EDA interfund loan was placed in the original agreement. As we were doing the parkway, we ran into a lot of contamination. At that time, we did not have grant money available for cleanup, so it was equally divided between the City and Schafer Richardson. Now that clean up is complete, we will have approximately $156,000 of grant money left that can cover this, with a final resolution in about two weeks. Nawrocki questioned the Huset Park Development Corporation name. Schumacher stated the developer is Schafer Richardson, the same as it was in 2001. Nawrocki questioned the difference in the revised agreement. Bubul stated that Huset Park Corporation entered into the original agreement with the Economic Development Authority (EDA). This is a restated agreement. Nawrocki questioned a contradicting item in the agreement. Bubul explained that rather than create a new agreement, the original was amended. Nawrocki questioned what the SR parcel was. Schumacher stated that was the Honeywell property. Nawrocki indicated there were different appraisals of that property. He referred to the tax value on the property and indicated that TIF will benefit the developer and not the taxpayers. Fehst pointed out that this development has increased this area's taxes by 30 fold and that the School District does receive a portion from it. Fehst referred to a property that was bought for a higher value, and then sold at a decreased value. Nawrocki stated that no additional notes were issued. Bubul indicated that the developer, to get bank financing, normally must have evidence that the city has agreed to the pay as you go note. They obtained financing that did not require that. We are skipping that step and going to the revenue bonds, which economically is the same thing. Nawrocki referred to the principal amount $7,955,400, but questioned what the increased amount would be. Bubul indicate up to about $9.5 million. He stated there was a formula in the original agreement allowing for this increase. Nawrocki asked the current amount of bonding is. Bubul indicated $3.2 million, but it is likely when the rates are known on Wednesday it 9 City Council Minutes July 9, 2007 Page 5 of 20 will be closer to about $2.8 million. Nawrocki stated it could go to $9.5 million. Bubul indicted that this and the EDA note combined could come to that amount. Nawrocki questioned what TIF look back is. Bubul stated that when the contract was originally entered into the amount of TIF needed was estimated. The look back is the analysis, which shows the increment is being increased. Nawrocki questioned the completed dates of construction that were agreed upon. Bubul indicated the dates have changed, with Phase I completed by next year and Phase II by the end of 2009. Phase III, which has not begun, is estimated for completion by 2014. Nawrocki questioned if the "no more than five percent rental agreement" still stands and if the number of units changed. Schumacher indicated the five percent stands and that was a maximum number of units, which could change by ten percent as per the original document. Bubul stated this is at their risk. The bonds are based on the existing buildings. Whether they get paid depends on when they build the rest, with a maximum time limit of 25 years to receive the maximum. Nawrocki questioned the grant conveyance. Schumacher stated this is monitored monthly. Nawrocki indicated his feeling that this extends the cost to taxpayers, relative to amount of TIF they get, which means it would not be available for city services. This is not to the advantage of the city. Schumacher referred to the increased tax base over the industrial park. Nawrocki stated that it would cost more that the 2004 agreement. Schumacher stated that we have not invested any money in this project. Fehst repeated that the prior taxes realized from the property were $47,000 a year for 30 acres of polluted land, which is now cleaned up with $5 million of DEED and Met Council grants, and is now realizing a $300,000 tax base. Diehm indicated she has reviewed the contract, the staff report, and Bubul's letter, and stated she is very proud of the development. It has added character, increased the tax base of the community, and introduced new residents to our community. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2007-121, there being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to Adopt Resolution 2007-121, a Resolution approving an amended and restated contract for private redevelopment between the Columbia Heights Economic Development Authority, The City of Columbia Heights and Huset Park Development Corporation; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Nawrocki indicated that we should stick with the original agreement, as this will cost taxpayers an additional $1.5 million not available for public services and additional TIF time. Diehm remind citizens that we agreed to look back at the costs, and are obligated to do so. She stated that she is comfortable with the amended contract. Williams stated this is being fair. He asked Nawrocki if we should be unfair to our developer. We agreed to open this up and determine the price. Peterson stated that we knew from the original agreement that we would review it and adjust the price. We are keeping our word. Peterson stated that Bubul indicated the amount of TIF is not being amended. This review it is to update the schedule and the way the TIF works. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes -1 nay. Motion carried. RESOLUTION N0.2007-121 10 City Council Minutes July 9, 2007 Page 6 of 20 Resolution Approving An Amended And Restated Contract For Private Redevelopment Between The Columbia Heights Economic Development Authority, The City Of Columbia Heights And Huset Park Development Corporation BE IT RESOLVED By the City Council ("Council") of the City of Columbia Heights, Minnesota ("City") as follows: Section 1. Recitals. 1.01. The Columbia Heights Economic Development Authority ("Authority")has determined a need to exercise the powers of a housing and redevelopment authority, pursuant to Minnesota Statutes, Sections. 469.090 to 469.108 ("EDA Act"), and is currently administering the Downtown CBD Redevelopment Project ("Redevelopment Project") pursuant to Minnesota Statutes, Sections 469.001 to 469.047 ("HRA Act"). 1.02. The Authority, the City and Huset Park Development Corporation (the "Redeveloper") entered into a into a Contract for Private Redevelopment dated as of October 25, 2004 (the "Contract"), setting forth the terms and conditions of redevelopment of certain property within the Redevelopment Project, generally located east of University Avenue and south and west of Huset Park . 1.03. The parties have determined a need to modify the Contract in certain respects, and have caused to be prepared an Amended and Restated Contract for Private Redevelopment (the "Amended Contract"). 1.04. The Council has reviewed the Amended Contract and fords that the execution thereof and performance of the City's obligations thereunder are in the best interest of the City and its residents. Section 2. Cit~~proval; Further Proceedings. 2.01. The Amended Contract as presented to the Council is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Manager, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The Mayor and City Manager are hereby authorized to execute on behalf of the City the Amended Contract and any documents referenced therein requiring execution by the City, and to carry out, on behalf of the City its obligations thereunder. 2. Adopt Resolution 2007-122, being a Resolution Approving Authority's Issuance of Revenue Bonds Bubul stated this is for the issuance of the revenue bonds by the EDA, which they will consider tomorrow. Proceeds of the bond will be a net of approximately $2.5 million, and will be used to reimburse the developer for costs incurred to date. These are secured solely by the tax increment of the entire district. It is not secured by the full faith of the city and could never be a tax levy. If the increment is insufficient, one of the bonds includes a debt service reserve to cover about one-half year, and the bonds are to be sold under criteria of 125 percent of the debt service to come from tax increment. If there is not enough tax increment to pay the bonds, it is the investors that buy the bonds that are at risk. This comes to the Council, because the EDA enabling resolution has the City Council retain the approval of any EDA issued bonds. These bonds were also contemplated in the original agreement. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2007-122, there being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to Adopt Resolution 2007-122, a Resolution consenting to and approving the issuance by the Columbia Heights Economic Development Authority, Minnesota of Tax Increment Revenue Bonds to finance certain public redevelopment costs of the Huset Park area Tax Increment Financing District within the downtown CBD Redevelopment Project under Minnesota Statutes, Sections 469.174-469.1799, as amended; and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. Nawrocki referring to Bubul's July 18 letter indicating the maximum amount that could be reduced, but does not limit the possibility of reaching $9.5 million. There will be additional TIF requested for that project. He questioned arbitrage in exceeding $5 million in bonding this year. Bubul indicated there may be a further request from the EDA for additional tax increment notes. All costs are not in yet. There would not be arbitrage as the costs will be paid out as soon as they are received. The developer has submitted all of their costs, which have been reviewed by the City's financial consultants. 11 City Council Minutes July 9, 2007 Page 7 of 20 Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. All ayes. Motion carried. Peterson complimented Mr. Schafer on the project, and indicated that he was impressed by how clean the site has been kept, and how well the roads are maintained through the building process. There was only one call on the early starting of work. Peterson asked Mr. Schafer to extend his appreciation to everyone involved. Nawrocki agreed that the site was kept clean, but there has been too much squeezed into that site. Peterson disagreed. RESOLUTION N0.2007-122 CONSENTING TO AND APPROVING THE ISSUANCE BY THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, MINNESOTA OF TAX INCREMENT REVENUE BONDS TO FINANCE CERTAIN PUBLIC REDEVELOPMENT COSTS OF THE HUSET PARK AREA TAX INCREMENT FINANCING DISTRICT WITHIN THE DOWNTOWN CBD REDEVELOPMENT PROJECT UNDER MINNESOTA STATUTES, SECTIONS 469.174-469.1799, AS AMENDED BE IT RESOLVED By the City Council of the City of Columbia Heights, Minnesota (the "City") as follows: Section 1. Findings 1.01. The Columbia Heights Economic Development Authority (the "Authority") and the City previously established the Huset Park Area Tax Increment Financing District (the "TIF District") pursuant to authority granted by Minnesota Statutes, Sections 469.174-469.1799, as amended (the "Tax Increment Act"), within the Downtown CBD Redevelopment Project (the "Redevelopment Project"), and adopted a tax increment financing plan for the purpose of financing certain improvements within the TIF District. In order to provide for the redevelopment of the Redevelopment Project and the TIF District, the Authority entered into a Contract for Private Redevelopment, dated as of October 25, 2004, between the Authority, the City and the Redeveloper, as amended by an Amended and Restated Contract for Private Redevelopment thereto dated August 1, 2007 (the "Contract"). 1.02. Pursuant to Section 469.178 of the Tax Increment Act, the Authority is authorized to issue and sell its bonds for the purpose of financing or refinancing public redevelopment costs of the Redevelopment Project and to pledge tax increment revenues derived from a tax increment financing district established within the Redevelopment Project to the payment of the principal of and interest on such obligations. 1.03. On July 24, 2007, the Board of Commissioners (the "Board") of the Authority is scheduled to consider a resolution (the "Bond Resolution"), authorizing the issuance of its Tax Increment Revenue Bonds (Huset Park Area Redevelopment Project) Series 2007 (the "Bonds"), in a principal amount not to exceed $3,200,000. The Bonds are proposed to be issued pursuant to the terms of the Bond Resolution and a Paying Agent Agreement, dated on or after August 1, 2007 (the "Paying Agent Agreement"), between the Authority and a paying agent to be designated by the Authority (the "Paying Agent"). The Bonds shall be secured by the terms of the Paying Agent Agreement and shall be payable solely from Available Tax Increment (as defined in the Paying Agent Agreement) that is expressly pledged to the payment of the Bonds pursuant to the terms of the Paying Agent Agreement. 1.04. Pursuant to City Council Resolution No. 2001-62 (the enabling resolution for the Authority), the City Council must approve the issuance of bonds by the Authority. Section 2. Approval of Bonds. 2.01. The City Council hereby approves and consents to the issuance by the Authority of the Bonds upon the terms and pursuant to the conditions set forth in the Bond Resolution and the Paying Agent Agreement. The City Council approves and consents to the application of the proceeds derived from the sale of the Bonds to the financing of certain public redevelopment costs of the Redevelopment Project, the payment of the costs of issuance and other related costs with respect to the Bonds, and the funding of the Reserve Fund. 2.02. As provided in the Paying Agent Agreement and the Bonds, the Bonds are not to be payable from nor charged upon any funds of the Authority or of the City, other than the revenues pledged to the payment thereof; the Authority and the City are not subject to any liability thereon except from such revenues pledged to the payment thereof, and no holders of the Bonds shall ever have the right to compel any exercise of the taxing powers of the Authority or the City (other than as contemplated by the pledge of tax increment revenues under the terms of the Paying Agent Agreement) to pay any of the Bonds or the interest thereon, nor to enforce payment thereof against any property of the Authority or City other than the property expressly pledged thereto; the Bonds shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the Authority or the City other than the revenues expressly pledged thereto; each Bond issued under the Paying Agent Agreement shall recite that the Bonds are issued without a pledge of the general or moral obligation of the Authority, 12 City Council Minutes July 9, 2007 Page 8 of 20 and that the Bonds, including interest thereon, are payable solely from the revenues pledged to the payment thereof; and no Bond shall constitute a debt of the Authority or the City within the meaning of any constitutional, statutory, or charter limitation. 3.2nd Reading of Ordinance No.1527, being an Ordinance providing for the issuance and sale of approximately $1,000,000 General Obligation Improvement and Street Rehabilitation Bonds, Series 2007A. Bill Elrite, Finance Director, stated this is the second reading to approve an infrastructure bond. We assess a portion of street projects, with the city picking up approximately 60 percent of the costs. In the past, transfers were made from the general fund and liquor fund to pay for this and have always been a little short. Without this bond, we would either need to cut back on proj ects or cut back on funding. This will be a tax levy on the taxpayers in Columbia Heights. Nawrocki questioned the interest rate on the $3 million TIF bonds and what are they on this. Mark Ruff, Ehlers and Associations, financial consultant for the city, stated that the TIF bonds are not general obligation bonds, and would currently be 5.2 percent, but this will be determined on Wednesday. They amortize over a 25 year period. The street rehab bonds are for 10 years, if sold today they would be under 4.5 percent, but we will not be selling them for a month. 4.73 percent is the estimated interest rate. He mentioned that the Crest View bonds will be over $10 million in bank qualifications, and any difference will be covered by them, but would be minimal. Nawrocki questioned if is this to pay for road work in 2007 and if we bonded last year to cover this. Hansen indicated this is for 2006 and 2007. Hansen stated that the debt last year was for utility costs and the assessed portion of that cost. Nawrocki asked if we would need to bond more next year. Hansen stated that we may need to bond for PIR and assessed work. Nawrocki stated that we need about $800,000, but will sell $1 million in bonds. Will there be money left over in that fund at the end of the year? Hansen stated that with a 20 year rate projection and looking at three cycles of repair for each zone, at the end of the cycle we would have a balance of $460,000. Nawrocki questioned what the fund balance would be at the end of this year. Hansen stated the 2007 balance is estimated $6,600. The only work next year will be on University Avenue service drive. Motion by Williams, second by Kelzenberg, to waive reading of the Ordinance No.1527 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Ordinance No.1527, being an Ordinance providing for the issuance and sale of approximately $1,000,000 General Obligation Improvement and Street Rehabilitation Bonds, Series 2007A. Upon vote: All ayes. Motion carried. ORDINANCE N0.1527 ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF APPROXIMATELY $1,000,000 GENERAL OBLIGATION STREET REHABILITATION BONDS, SERIES 2007A THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN: 1. It is hereby determined that: (a) The City is currently undertaking and has completed certain public improvements designated as the 2006 & 2007 Street Rehabilitation Projects (collectively, the "Street Rehabilitation"), pursuant to the Charter of the City of Columbia Heights (the "Charter"). (b) It is necessary and expedient to the sound fmancial management of the affairs of the City to issue its General Obligation Street Rehabilitation Bonds, Series 2007A (the "Bonds") in a principal amount not to exceed $1,000,000, pursuant to the Charter to provide financing for the Street Rehabilitation. 2. Ehlers & Associates, as financial advisor to the City, is authorized to negotiate the sale of the Bonds in the maximum principal amount specified in Section 1(b), in accordance with terms of proposal approved by the City Finance Director. 13 City Council Minutes July 9, 2007 Page 9 of 20 The City Council will meet on August 27, 2007 or such other date specified by the City Manager in accordance with the Charter, to consider the sale of the Bonds and take any other appropriate action with respect to the Bonds. 3. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. 4. Adopt Resolution No. 2007-132, being a Resolution determining the necessity to enter into a lease purchase agreement with the Columbia Heights Economic Development Authority and requestin -the issuance of public facility lease revenue bonds thereof (Municipal Liquor Stores project). Elrite stated this is a continuation of the liquor store project, and is a finalization step to indicate our intend to enter into a lease purchase agreement with the EDA for bonding and funding of the liquor store project. Nawrocki questioned the total cost including land, building construction, and demolition. Elrite stated the total cost including land would be about $5.5 million. Nawrocki referred to costs not included in the bond and funded internally. Elrite stated that there are parts of the construction plan to build the building, $300,000 to $400,000 for items in the buildings, and land costs of $1.8 million. The amount listed is the maximum amount we can bond for and we will look to use the minimum fund balance amount to cover land purchase. Fehst indicated these figures could be obtained for him. Nawrocki stated that the contract has a ten percent contingency. He questioned the anticipated interest rate. Ruff reiterated the bond request is for a maximum amount and the amount to be finance internally or bonded would be decided in a month. The interest rate today would be under five percent, but with the flexible rates it may go up to about 5.3 percent. Nawrocki referred to his research where the difference was 30 basis points on a GO bond based on an Al rating and lease revenue bonds. The material indicates we won't have an Al rating. How much more will that cost. Ruff stated that for a lease revenue bond you would have a different rate because the city can walk away from them, but that rarely happens. It will be an A2 or A3 rating, which is still very good. Nawrocki referred to language that the City would find a way to pay off the bonds. Ruff stated that if revenues are not enough, we would consider appropriation from other sources, but that would have an effect on future ratings. Nawrocki stated that we should have used GO bonds, as based on the 30 point difference this would cost about $150,000 more in interest over 20 years, and GO bonds would allow residents to use an initiative vote. Fehst stated that by the borrowing of this money, we have saved the money by saving the points. He stated that when we borrowed money for Parkview Villa South we borrowed at extremely high rates through Miller Schroeder. We saved about $1,000,000 refunding those bonds at a later date. We should be consistent in our analysis of the cost to do business. Motion by Diehm, second by Kelzenberg, to waive reading of the Resolution No. 2007-132, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2007-132, being a Resolution determining the necessity to enter into a lease purchase agreement with the Columbia Heights Economic Development Authority and requesting the issuance of public facility lease revenue bonds thereof (Municipal Liquor Stores project). Nawrocki stated that any amount matters to the taxpayers. Nawrocki referred to the City Manager's salary. Fehst referred to a Councilmember's pension. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes -1 nay. Motion carried. RESOLUTION N0.2007-132 14 City Council Minutes July 9, 2007 Page 10 of 20 RESOLUTION DETERMINING THE NECESSITY TO ENTER INTO A LEASE PURCHASE AGREEMENT WITH THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY AND REQUESTING THE ISSUANCE OF PUBLIC FACILITY LEASE REVENUE BONDS THEREOF (MUNICIPAL LIQUOR STORES PROJECT) BE IT RESOLVED by the City Council of Columbia Heights, Anoka County, Minnesota (the "City") as follows: Section 1. Recitals. 1.01. It is in the best interests of the City and its residents that the City acquire, construct and equip two new municipal liquor stores to be located within the City (the "Project"). 1.02. It is necessary and expedient to the sound financial management of the affairs of the City that the Project be financed through the issuance and sale by the Columbia Heights Economic Development Authority (the "Authority") of its approximately $5,040,000 Public Facility Lease Revenue Bonds, Series 2007 (the "Bonds"). 1.03. The issuance of the Bonds by the Authority is authorized under Minnesota Statutes, Chapter 469 and in connection with the issuance and sale of the Bonds, the City intends to enter into alease-purchase agreement with the Authority regarding the Project, pursuant to Minnesota Statutes, Section 465.71 (the "Lease"). 1.04. Pursuant to the Lease the City intends to lease the Project from the Authority and pay lease payments to the Authority in the amount necessary to pay debt service on the Bonds, subject to the City's right ofnon-appropriation in each fiscal year. Section 2. Authorization. 2.01. The City Council intends to enter into the Lease with the Authority and requests that the Authority issues and sells its Bonds to finance the Project. 2.02. The sale of the Bonds is expected to occur on August 27, 2007, and the City Council intends to approve the Lease on that date. 2.03. City staff and consultants are authorized and directed to assist the Authority in the issuance and sale of the Bonds and the preparation of the Lease. 5. First reading -Adopt Ordinance # 1528, being an Ordinance adopting the MN State Building Code Fehst stated that we had the option to adopt or not adopt a sprinkler code, which we adopted. Because of this we have sprinklers in the Ryland development. There are communities that did not do so and because of that it was taken out of the option in the state building code. Nawrocki asked if we could continue to require sprinklers. Fehst stated yes. Nawrocki referred to a townhome fire that did not spread because they had sprinklers. Peterson stated that sprinklers do work. Nawrocki indicated that the Building Official stated that the new code would not require cement garage floors. Fehst indicated he would check on this. Motion by Williams, second by Diehm, to waive the reading of Ordinance # 1528, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to establish the second reading of Ordinance # 1528, being an Ordinance adopting the MN State Building Code, for Monday, August 13, in the City Council Chambers, at approximately 7:00 p.m. Upon vote: All ayes. Motion carried. 6. Second Reading: Ordinance 1526, being an ordinance adopting the permit fee schedule for temporary sins. Motion by Diehm, second by Kelzenberg, to waive the reading of Ordinance No.1526, being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Ordinance No. 1526, being an ordinance adopting the permit fee schedule for temporary signs. Nawrocki questioned what was considered a temporary sign. Fehst described several types of temporary signs. Temporary signs are allowed four times a year for 30 days at a time. 15 City Council Minutes July 9, 2007 Page 11 of 20 Upon vote: All ayes. Motion carried. ORDINANCE 1526 BEING AN ORDINANCE ADOPTING THE PERMIT FEE SCHEDULE FOR TEMPORARY SIGNS AND FORMALLY ESTABLISHING A REFUND POLICY. Section 1. Permit Fees. The issuance of temporary sign permits and the collection of fees shall be as authorized by the Columbia Heights City Council. Therefore, fees for permits will be assessed in the amount of $20.00 per temporary sign permit. Section 2. Effective Date of Ordinance. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. B. Other Business Public Safet,, f~~pdate Fehst indicated that seven consultants were interviewed for RFP's of under $15,000 to examine the site and look at several arrangements for apolice/fire station. The committee will meet this week to determine a final recommendation. Fehst stated that residents were surveyed at the activity center open house and 71 percent were pro activity center. Some senior's were negative about the activity center, but were very supportive of a safety center, possibly including gymnasiums. This would increase assessed market home values in the community. Nawrocki asked to be advised of the meetings. Fehst indicated that the meetings can not include more than two council members without official notice. Nawrocki stated that the Council did not setup this committee. Motion by Kelzenberg, second by Williams, to appoint Councilmember Diehm and Mayor Peterson to the Public Safety Building Committee. Nawrocki referred to a State Statue, which would allow attendance at such meetings. Jim Hoeft, City Attorney, indicated this is not a public meeting. Diehm referred to the adopted rules of decorum, which a majority of the Council adopted, and indicated concern with Councilmember Nawrocki's tone in speaking to staff and council. Peterson agreed, listing the January values of Values First. He suggested a kinder, gentler discussion. Nawrocki stated that kinder and gentler should go two ways, and people should not put words in someone's mouth. Nawrocki stated that he wants to attend the meeting to get information. Diehm commended his efforts to attend meetings for information, and indicated that we have professions that we pay, so when asking for their opinion it is not respectful to laugh or talk in a condescending tone. We are their employer, and are responsible to have an environment free of harassment. Whether they are hired or contracted, we should use a high level of respect. We are the leaders and should lead by example. If we have a problem with the way a staff member addresses Council, we should take care of it privately. Nawrocki indicated that he feels any talk should be out in the open. Nawrocki requested the motion be repeated, which Mayor Peterson did. Nawrocki again requested to be notified of any meetings and be given the minutes of the meetings. Diehm stated that he maybe advised of the meeting, but his attendance would be a violation of the open meeting law and someone would have to leave, and she does not have the confidence that he would abide by the request of the majority of the Council and leave. Fehst stated the meeting would be Thursday at 8:00 a.m. Upon vote: All ayes. Motion carried. 16 City Council Minutes July 9, 2007 Page 12 of 20 7. PUBLIC HEARINGS A. Adopt Resolution No. 2007-123 being a resolution for rental housing license revocation at 1124-1126 45th Avenue N.E. -Removed B. Adopt Resolution No.2007-115 being a Resolution for abatement of violations at 4916 6th Street N.E. Gary Gorman, Fire Chief, indicated there is scrub growth, but there has been no contact from the owner. Mayor Peterson asked if there was anyone present to represent the property. There was not. Motion by Williams, second by Diehm, to close the public hearing and to waive the reading of Resolution No.2007-115, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second Kelzenberg, to adopt Resolution No.2007-115, a resolution of the City Council of the City of Columbia Heights declaring the property at 4916 6th 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 2007-115 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 Martin Brinkman (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4916 6th 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 June 7, 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 March 22, 2007 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 April 26, 2007 inspectors reinspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3. That on May 2, 2007 an extension was granted to the owner. 4. That on June 7, 2007 inspectors reinspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 5. That on July 13, 2007 inspectors reinspected the property and found that one violation remained uncorrected. 6. 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 scrub growth along south side of garage and behind shed 7. 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 4916 6th 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 4916 6th 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.2007-116 being a Resolution for abatement of violations at 113137th Avenue N.E -Removed 17 City Council Minutes July 9, 2007 Page 13 of 20 D. Adopt Resolution No. 2007-117 being a Resolution for abatement of violations at 20140th Avenue N.E. Gorman stated there were originally three violations, with the garage door repair remaining. There has been no contact with owner. Mayor Peterson asked if there was anyone present to represent the property. There was not. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No.2007-117, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2007-117, a resolution of the City Council of the City of Columbia Heights declaring the property at 20140th Avenue 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 2007-117 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 Joyce Collins (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 20140 Avenue 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 June 7, 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 Apri126, 2007 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on June 27, 2007 inspectors reinspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3. That on July 13, 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 repair the broken garage window in the overhead door. 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 20140th Avenue 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 20140th Avenue 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. 2007-118 being a Resolution for abatement of violations at 3723 Johnson Street N.E. -Removed F. Adopt Resolution No. 2007-119 being a Resolution for abatement of violations at 3828 Jackson Street N.E. Gorman stated that the property is vacant and the real estate agent was notified of the items, but he has not returned the call. There are two remaining items. Mayor Peterson asked if there was anyone present to represent the property. There was not. 18 City Council Minutes July 9, 2007 Page 14 of 20 Motion by Diehm, Williams, to close the public hearing and to waive the reading of Resolution No. 2007-119, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution No.2007-119, a resolution of the City Council of the City of Columbia Heights declaring the property at 3 828 Jackson 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 2007-119 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 Ronald Vogel (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3828 Jackson 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 June 1, 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 3, 2006 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on November 6, 2006 inspectors reinspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3. That on November 20, 2006 inspectors reinspected the property listed above. Inspectors noted that two violations remained uncorrected. That on November 27, 2006 the City of Columbia Heights City Council approved abatement for these items. That on December 8, 2006 the Fire Department granted a seasonal extension for the two items. 4. That on June 1, 2006 inspectors reinspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 5. That on July 2, 2007 inspectors reinspected the property and found that two violations remained uncorrected. 6. 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 areas of scrub growth along alley and scrape and paint overhead garage door. 7. 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 3828 Jackson 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 3828 Jackson 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. G. Adopt Resolution No. 2007-120 being a Resolution for abatement of violations at 4532-4534 Fillmore Street N.E. Gorman stated the property is vacant and in foreclosure. This abatement is to remove graffiti from the building. Mayor Peterson asked if there was anyone 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.2007-120, there being ample copies available to the public. Upon vote: All ayes. Motion carried. 19 City Council Minutes July 9, 2007 Page 15 of 20 Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2007-120, a resolution of the City Council of the City of Columbia Heights declaring the property at 4532-4534 Fillmore 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 2007-120 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 Indred Alexander (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4532-4534 Fillmore 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 July 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 May 28, 2007 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 July 5, 2007 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 and regular mail to the owner listed in the property records. 3. That on July 13, 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 the graffiti from the rear of the building 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 4532-4534 Fillmore 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 4532-4534 Fillmore 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. H. Adopt Resolution No. 2007-124 being a resolution for rental housing license revocation at 4514-4516 Fillmore Street N.E. -Removed I. Adopt Resolution No.2007-125 being a resolution for rental housing license revocation at 4525 Chatham Road N.E. -Removed Nawrocki asked for clarification. Gorman stated the property was rented but not licensed. They did not respond, so the process was begun. We received the fee and application on July 17 and did the inspection on July 19. J. Adopt Resolution No.2007-126 being a resolution for rental housing license revocation at 4721 University Avenue N.E. Gorman stated that they still need to file the application and schedule an inspection. Mayor Peterson asked if there was anyone present to represent the property. There was not. Motion by Williams second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No.2007-126, there being ample copies available to the public. Upon vote: All ayes. Motion 20 City Council Minutes July 9, 2007 Page 16 of 20 carried. Motion Williams, second by Kelzenberg, to adopt Resolution No. 2007-126, 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 Rochelle McCain regarding rental property at 4721 University Avenue N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2007-126 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 Rochelle McCain (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4721 University Avenue N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, 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 July 9, 2007 of an public hearing to be held on July 23, 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 May 15, 2007, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on July 9, 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 and 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 SA, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7831 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. K. Adopt Resolution No. 2007-127 being a resolution for rental housing license revocation at 4226 4th Street N.E. Gorman stated there is one violation to sod or seed the back yard remaining. The owner was given options and it was not done. Mayor Peterson asked if there was anyone present to represent the property. There was not. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No.2007-127, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No.2007-127, 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 Michelle Parson regarding rental property at 4226 4th Street N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2007-127 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 Michelle Parson (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4226 4th Street N.E., Columbia Heights, Minnesota, 21 City Council Minutes July 9, 2007 Page 17 of 20 Whereas, pursuant to City Code, Chapter 5A, 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 June 26, 2007 of an public hearing to be held on July 23, 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 May 24, 2007, inspectors for the City of Columbia Heights, inspected the property described above and noted two 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 June 26, 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 July 11, 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 sod, seed, landscape bare areas in back. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8339 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. L. Adopt Resolution No. 2007-128 being a resolution for rental housing license revocation at 4550 Madison Street N.E. -Removed M. Adopt Resolution No. 2007-129 being a resolution for rental housing license revocation at 1807-1809 41 st Avenue N.E. -Removed N. Adopt Resolution No. 2007-130 being a resolution for rental housing license revocation at 3953 Jackson street N_F_ Gorman stated that the property is vacant and is for sale. Mayor Peterson asked if there was anyone present to represent the property. There was not. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No.2007-130, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No.2007-130, 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 Joel Virtue regarding rental property at 3953 Jackson Street N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2007-130 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 Joel Virtue (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3953 Jackson Street 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 June 7, 2007 of an public hearing to be held on July 23, 2007. 22 City Council Minutes July 9, 2007 Page 18 of 20 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 March 27, 2007, inspectors for the City of Columbia Heights, inspected the property described above and noted nine 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 May 4, 2007 an extension of time was granted to make the repairs. 3. That on June 7, 2007, inspectors for the City of Columbia Heights, reinspected the property and noted eight 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 on July 13, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted eight 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. 5. 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 install sod, grass seed, or approved landscaping material on all bare spots of the yard, shall repair/replace the front screen door that is broken, has the screen falling out, shall replace all rotted fascia on the south side of the house, shall repair/replace the garage roof. Numerous damaged/cupped shingles. Check with the Building Department, a permit for that work is required. Shall replace the missing metal siding corners on the garage (alley side), shall repair the wood fence in the rear. shall repair the soffit on the rear of the house, shall remove the large, dead tree branches, hanging off the tree in the back yard 6. 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 F8039 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. 0. Adopt Resolution No. 2007-131 being a resolution for rental housing license revocation at 4533 Madison Street N.E. -removed lV~ic~PllanPn»c Diehm requested information on National Night Out. Gorman indicated that interested residents should register with our police department. Staff from the police and fire departments will attempt to attend all neighborhood activities. Diehm stated that National Night Out is Tuesday, August 7. Council members ride with our safety departments and visit with residents. Peterson referred to concerns about the number of vacant homes in the city and stated his fear that without heat in the winter, pipes will break. We should have some process to protect them. He suggested residents notify the City if they are aware of such homes. Gorman referred to the difficulty of contacting banks and mortgage companies that are out of state. Nawrocki suggested using the City newsletter to emphasis if residents are moving they should contact the City to have the water turned off, or to let the City know of vacant homes. Gorman stated that current grass cutting violations are mostly on vacant properties. 8. ADMINISTRATIVE REPORTS Report of the City Manager Fehst • The minimal mill and overlay of the University frontage road from 45th to 53rd is completed. It made avast improvement, even though it is only a temporary fix. • 44th and Central has limited access due to road work. North bound lanes are for local traffic only. Construction crews are working ten hour days to complete the work, which should be Tuesday of next week. • Fairway Drive is a mess, but is coming along. • The Park Commission will meet on Wednesday to tour Silver Lake and Sullivan Lake Park. 23 City Council Minutes July 9, 2007 Page 19 of 20 Nawrocki again questioned the berm and drainage at 1040 49th Avenue, indicating it does not go down to the level of the backyard and could plug. Fehst stated that the drain is adequate. Nawrocki stated that water ponding is still possible. There is graffiti on the building across the street from the library. Fehst stated that they have been notified. • The Monday work session is with the Auditor. There will be an executive session at 6:00 p.m. for his per ormance review. Report of the City Attorney Nawrocki indicated that at the last meeting he requested an opinion on the Charter Commission minutes regarding members stating their views in the newspaper as a resident. He stated concerned, as this is relative to his situation as a council member. Hoeft indicated that his opinion was the same, but he has yet not put it in writing. Councilmember Diehm left the meeting at 9:36 p.m. CITIZENS FORUM -no comments received. COUNCIL CORNER Kelzenberg • Read police department activities from the Green Sheet. Respects the job they do. Williams • We are now involved in a Public Safety building. Be sure not to get ahead of the Activity Center. • Letter from a resident that could not attend the Activity Center meeting, but is for the center. She has to travel to St. Paul for Community Education classes. Have we heard from the YMCA? Fehst stated no. Encouraged residents to call him with their opinion, pro or con. • We need to meet with our school officials again, as there is a new Superintendent and new School Board members. Fehst praised the new Superintendent. Nawrocki • Received an email from Liz Yellowvitz, regarding open fires/recreational fires. Requested staff prepare comments for her. Fehst stated residents should call 911 with these concerns and if someone is not following regulations they will be informed and it would be shut down. • Swan family email - MN petroleum, which Auto World is using as a junk yard. The understanding is the work should be done by August 1 or we should enforce the ordinance. Stated disappointment with Hilltop auto sales, as some vehicles are without licenses. Peterson • Read the Core Values and their definitions. Requested members read them for the next meeting, or if they are not followed they should be thrown away. • Feels strongly that our police offices are sharp and efficient. Amazed how well trained and efficient they are. Our fire fighters are the same and do a great job for us. • Open our hearts and minds and welcome back our veterans. It is a hard transition for them. Very appreciative of their service. Thursday there is a meeting at the church on Silver Lake Road to educate us how to accept our service people back into society. 24 City Council Minutes July 9, 2007 Page 20 of 20 Nawrocki questioned what items would be on the August 6 work session. Fehst there is not a meeting scheduled for that day. Peterson stated "Don't take ourselves too seriously, and do a random act of kindness". 11. ADJOURNMENT Mayor Peterson adj ourned the meeting at 9:52 p.m. Patricia Muscovitz CMC City Clerk 25 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JULY 30, 2007 This City Council meeting was called to order at 6:07 p.m. on Monday, July 30, 2007 in the Conference Room 1, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. Roll Call Present: Mayor Peterson, Councilmember Nawrocki, Councilmember Kelzenberg, Councilmember Diehm, Councilmember Williams (tardy). Mayor Peterson indicated that an Executive Session was established to evaluate the performance of the City Manager. Motion by Nawrocki, second by Kelzenberg, to go into an Executive Session for the purpose of conducting the performance evaluation of the City Manager. Upon vote: All ayes. Motion carried. Following the Executive Session, Mayor Peterson called the meeting back to order. Mayor Peterson adj ourned the meeting at 7:40 p.m. Patricia Muscovitz CMC City Clerk 26 OFFICIAL MINUTES OF THE CHARTER COMMISSION THURSDAY, JULY 19, 2007 7:00 P.M. GAUVITTE ROOM MURZYN HALL Call to Order The meeting was called to order by President Mike Hartel at 7:10 p.m. Roll Call Members present: Barb Gertsema, Mike Hartel, Jim Johnson, Nancy King, Katy Korday, Scott Kyseth, Carolyn Laine, Lori Ritzko, Joe Sturdevant, Joseph Sturdevant, Dan Vogtman Members absent and excused: Bob Buboltz, Mike Patiuk Members absent and unexcused: None Council Liaison for 2007, Tami-Ericson Diehm, was absent. Councilmember Bruce Nawrocki attended for Tami. Carole Blowers, Recording Secretary was present. Jim Hoeft, City Attorney, was present. Approval of Minutes of April 19, 2007: Motion by Commissioner Johnson, seconded by Commissioner Sturdevant, to approve the minutes of April 19, 2007, as presented. Motion passed unanimously. Correspondence The Recording Secretary advised that since the April meeting, the only correspondence was the agenda and minutes. There will be correspondence from the City Attorney handed out tonight later in the meeting regarding review of Chapter 3 of the charter. Status of Membership The Charter Commission still has two vacancies. The Recording Secretary was not aware of any applications pending at this time. Old Business -None New Business Continued Review of the City Charter by the Cit, Attorney The City Attorney stated that at the April meeting, Chapters 1 and 2 of the charter were discussed with commission members. He stated he worked with the Recording Secretary and prepared a comparison of Chapter 3 (charter vs. statutory) for commission members tonight, which was handed out at this time. The City Attorney provided the following comments on Chapter 3: Section 16: Councilmembers assume duties on the first Monday in January, not at the first regular council meeting on January. Special, not emergency, meetings may be called with 3 days' notice. Emergency meetings do not require a posting or published notice. Charter Commission July 19, 2007 Pad 1 Section 17: The council shall provide a means (not may) to compel absent members' attendance. Section 18: Remove one sentence completely. A maj ority vote (not simple majority) of elected council members is required to pass ordinances, resolutions, and motions. The Charter is different than a statutory Clty In th1S SeCt10n. Section 19: Appropriations over $500 must be ooted or published in a newspaper.. . Section 20: No additions or changes. Section 21: Resolutions require a 4/5 approval, not unanimous consent. It was noted that in our city charter, Section 21 still reads unanimous consent, not 4/5. The Recording Secretary will check on this. There was discussion on emergency ordinances and when would such ordinances occur. The City Attorney stated that when the city needed to put a moratorium on vehicle sales, zoning, lot size/duplexes, an emergency ordinance was prepared. Section 22: No additions or changes. Section 23: No additions or changes. Section 24: No additions or changes. Section 25: No additions or changes. Section 26: No additions or changes. Section 27: No additions or changes. The City Attorney stated we would continue discussion of the charter, starting with Chapter 4 next time. Next Meeting Date The next regular Charter Commission meeting date is October 18, 2007, at 7 p.m. at Murzyn Hall. Continuation of review of the charter (Chapters 4 and 5) will be an agenda item. The Recording Secretary will double check whether there was a charter change to Section 21 when there was a previous charter change to Section 19 regarding the 4/5 vs. unanimous passage of resolutions and ordinances. Adjournment Motion by Commissioner Sturdevant, seconded by Commissioner Sturdevant, to adj ourn the meeting at 7:47 p.m. Respectfully submitted, Carole J. Blowers, Recording Secretary Charter Commission July 19, 2007 Pad 2 ECONOMIC DEVELOPMENT AUTHORITY (EDA} SPECIAL tVIEETiNG B41tt(VUTE~ May 14, 20Q7 L.L Ta ~.DE~1L~ ~.L Dresden. Marv ~.. ~e~erson owed Abe n~eefiing ~o order a ~:~~ ~.r~. r Present: ~a L. Pederson, Patricia ~~ndra, Bruce ~ao~roc~c~, Tammera ~iehr~, and l~arlaine ~~urek ~bsen~: Bobby tl11'illian~s and Bruce el~enberg PLEDGE F L.L.E. E C~~~GU~~~~J~ ITEM ~s~u~~~n Z~~~'- , D~r~~ac~ Fri~a~ e~~e~~~e~ Slreear stafe~ this r~ee~ir~~ has been called' to co~~sider reevefopir~g the properly focale~ al 4 ~ ~ ~ ~1e~rerso~~ Slreef ire a par~r~ership with Glf~~`. The property is c~rre~~~f y a vacar~f, burred oul, single-ramify home. The borne was buifl in t ~~4 a~~~ had a rire or ~4u~us~ ~~', X045. It has remained i~~ the burned out staled since fhen. The fol is ~0' ~ ~~~' arr~ i~ has two lec~af car~~orr~irrg sirs fe-ra~r~ify fafs, with the exisfir~~ house occupyir~~ fhe ~~otth fof. The home was recerll rorecfosed ark pface~ for safe of ~9~4, 00o by the owner, ,~~fC f~ortgage Y Services. The lar~~ a~~~ assessr~enls are vafue~ of $~5~, T44, with just the fa~~d of $9t, 540. Arlen many ~iscussior~s wifh fhe owner, he has agreed to reduce fhe safe rice to the ~~~ to $~4,UC~0, which is ~5, X00 or ~. ~ / Power lf~ar~ the county's assessed p fared vaf ue. The cost to acquire the properly, demolish the exis~i~~g home, and canslrucl fwo sirgfe~ ~'arnify homes is esiir~aled at ~535,45a. The sale of bath horr~es woufd Generale ,~4~0,000 of revenue. lr~ oro'er to successfuffy redevefop fhe properly, the project re uires X65, 450 or rur~dirg assisla~~ce to make the pro~ecl reasibfe. The ass~slar~ce would corns rro~~ rurtd ~-Special ~ro~ecls, which currer~uy has a bala~~ce or~usl over $ ~ 00, 440. The Developrrer~l ~or~frac~ s~ipula~es the FDA wifl assign the purchase ag!reemer~ be~weer~ fhe ~fl.~ and A~ `or~g~age Services to ~~1~1C ors or before the a'ay or cfosir~g~, eslir~a~ed fo be r~o fafer ~har~ .day ~5, Za®~. Gfvff~~ wilf purchase the properly rror~ AfI~~ fvforl~age Services ror ~0, 00D ar~d derr~ofish the cuf Teri slruc~ure, bu~fd two ~~ew si~~gfe--~arrify, ror safe homes, ar~d sefl lher~ ror a fargel price of $~~5, 44o each. ~'ach home woufd' be iwo-dories, ar~d x,050 square reef ire sire, wifh Three bedrooms ar~~ two and ore half bafhs. They wouf~ be simifar fo The homes buift ors Secor~ Sreel irr ~00~ by ~f~ff~C. ~er~ofifiio~~ woufd fe~7falivefy begin ire ~lur~e, wifh cors~ruclior occurring over the r~e~~ 00 to ~ZO d'ays. Then ar~ce cor~slruc~ior~ is cor~pfefe~ the ~D~ woufd provide up fo X45, 050 or rur~dir~g assisfar~ce. fawrocki asked it slag had checked ir~~o ar~y lases, liens or assessr~er~~s that are due or the property. Slreelar slaked he round one fiery ror ~'~,5~0 morn an a~alerner~ lha~ the dire ~eparmen~ ir~ilialed, which would be paid by the r~orlgage cornpa~~y al the 29 ~co~~o~~~~c L~e~rela~r~~cr~t Authori~ ~eet~n~ ~1i~~utes ~~.~ ~~, 2ao7 Spcci~l N1ect7n~ P~~~ ~ o~ ~r~e a~ c1a~r~r~. ~. ~ ., ~ataen b Szurek, second b~ Diehl, to Adapt ~esalutian ZaD~- a, ~ Resolution A rain ~ Contract for ~ri~ate Rede~relopment between the Goful~bia l~el~hts pp ~ Eca~~an~ic De~ela l~lentAutharit~ ~~DA} and the greater l~etrapa~itan l~lousing p Gar aratian~ and furtherl~ore, to authari~e the president and ~~ecuti~e Director to enter ~ f rota an a~reel~entfarthe sane. Ali agues. !atton Carried RESaLUTIeN NC. X007-~ o RES~f_UTIC~N APPROVING A CCNTI~ACT F(~R PRl~1ATE REDEIIELOP~IENT BFTwEEN THE COLUfUIBIA HEf GHTS ECONOMIC DEVELaPMFNT A~JTHORITY AND GREATER I~IETRDPC~I_1TAN HOUSING CaRPORATION BE 1T RESDI~VFD By the Board of Commissio~~ers ~„Board"~ of the Columbia Heights Economic Development Authority ~"Authority"~ as follows: Section 1. Recitals. ~ .01. The Authority has determined a need to exercise the powers of a pausing and redevelopment authority, pursuant to l~llinnesata Statutes, Sections. 409.00 to 4E9.103 ~"EDA Act"~, and is currently administering the Downtown CBf~ Redevelopment Project ~"Redevelop~~nent Project"~ pursuant to C~innesata Statutes, Sections 459.oD1 to 450.a4~ ~"LIRA Act"}. ~ .off. The Authority and the Greater lUletropolitan Housing Corporation the "Redeveloper"} have proposed to enter into a Contract for Private Redevelopment the "Contract"},setting earth the terms and conditions of reaeveloprnerit of certain property within the Redevelopment Project located at ~~ ~~ Jefrerson Street 4the "Redevelopment Property„}. 1.03. Pursuant to the Contract, the Redeveloper will be assigned that certain Purchase Agreement between the Authority and AI~IC Mortgage Services, tar the sale of 4141 Jefferson Street the "Redevelopment Property"}. Pursuant to the Contract, the Redeveloper will purchase the Redevelopment Property, divide the property into two lots and construct two single-family homes with a target price of $35,000 each. 1.04. The activities of the Authority under the Contract ir~plernent Dousing goals and action steps of the City's Comprehensive Plan; "Promote and preserve the single-family pausing stack as the community's strongest asset by acquiring and den^iolisl~ing the most seriously deteriorated srngle-family hones and work with the private sectorto develop appropriate replacement hauling, and by acquiring and assembling residential lets, as oppartun~t~es arse, forthe purpose of developing infll lots." and "Provide a variety of life-cycle Dousing opportunities within the cornmunrty, by fostering partnerships with tDe private sector to help diversify Dousing in the community.=' 1.05. The Board has reviewed the Contract and f nds that the execution tDereof and performance ofthe AutDarity's obligations thereunder further the goals of the Comprehensive Plan and are in the best interests of the City and its residents. Section ~. Authorit A roval~ Further Proceedin s. ~.a1. The Contract as presented to tl~e Board ~s Dereby ~n all respects approved, subjectto rnadifcatians that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the documents by such off vials shall be conclusive evidence of approval. 2.0~. The President and Executive Director are Denby authorized to execG~te on beDalf of the Authority the Contract a~~d any dacurnents refe~~enced therein requiring execution by tl~e Autharityy and to carry out, an beDalf of the Authority its obligations thereunder. x,03. Authority and City staff are authorized and directed to take all actions to ir~pler~ent tDe Contr:act. A roved b the board of Co~~rnissianers of tDe Columbia Heights f~conomic Development Authority this 14`x' day of play pp y X03?. 30 ~co~o~~ic D~v~lo~~n~~~ ~u~l~ar~~ ~~~t~~.i~~nu~~~ ~a~ l ~, Za07 S~~cial ~~e~~n~ JU ~ ~' ~~osi~o~, Po~~son, ~~ounod o ~eoing ~~ ~:~ p.r~. ~ospoc~~ufly su~r~io~, .~ . ~~ ~on~~uni ~e~oop~on~ ~cro~r~ ~:I~~~r~inutos~oo715-4-~00? p~ci~l 31 ECORIONfIC DEVELC1PMENT AUTHORiYl( (EDA) EGtJLA~ ~Vt1EETlNta NII UTES arch ~~, ~? ~a r~ ~.. ~.. ~ ~ ~+ ~ s mr,. r... N ~~ ~ . ~. ~. ~ ~, a ~ ~.. F~residen~, Pederson caked the r~eeing o ordeal ~~D~ p.~. Present: ~ar~ ~.. Pederson, Patricia Jindra, Bobh~ ~lll~~iarr~s and Bruce ~aroc~i, ~iamn~era ~iehr~, and Bruce e~~enberg Absent: f alaine B~ure~ PLFC~ F L~.~CI ~~ ~~F T ~F ~ppro~e inufies o~ February, ~~~~ regular r~eeia~ and the Financial ~e~ar and Payment a~ Bids for the rnonh o~ February an Resolution ~aO~-~0~. l~arrocki sued the n~inu~es should include the actual resolutions adored. ~T'C~ by Dieh~~, second by Jindra, ~o Ado Resalu~ion ~o~~~g8 ~p~ro~ring the Financial Report and Payn~en o Bids for Februai~l ~g~~ and a~~roving the n~~~~ues o~ the regular February ~~~ rnee~ing, i~h the a~~endrnen~ a include resoiu~ions passed. ill ayes. l~a~ion Carried. ~s~~u~~r~ ~a~-~ ecrr h~ ~`c~ ~n~~ o the ~D ~ ~~~~b~rs~ ~r~i ~~ e~~d~urs r~rn h~ r~ fi ~ ~ b Hsu b the a~h~r~ dill Trite stated the ~recor~~n~endatian of our financial advisor, Ehlers & Associates is to finance the fr'guar stare projecf ~!~!~ These bonds sold through the ~~~, rather than by the City. This doesn't car~n~it us to selling bands, buf leases open The doer that ~f we incur expenses befar e tl~e bands are saki That we could reimburse aursel~es when they are saki. This intenf to band resolution related to The intent to bond for the construct~an costs of The two new liguar stares. This allows the City to reimburse itself from bond proceeds far expenses that were incurredpriarto the date the bonds are said. This is standard practice That tl~e City follows far ail canstrucfion projects where bonding . occurs aftertl~e pre°ect leas scarfed. Tl~e ar~ly sigr~ificar~t difrerer~ce is that tl~e l~ar~d~~~g far the liquor stares will be done under The ~~~ as a de~elaprr~ent projecf rather than under the City of Calurnbia sleights. leer ~fe~re ~ul~ul's e-~rnail, the resolution bust be adapted to reimburse far Cenfral Avenue land acquisition casts and tl~e land acgu~s~t~an costs rar The ~~~ A~renue roperfy wit! he paid from The eisfing li~uar operations fund balance. lawroclCi asked why tl~e ~~ is getting involved in this, net The City Council. ~lrife stated, tl~e ~~ has statutar authority to issue these bands, The City does not. The ~~~ vvc~ul~l aw~i the building and lease the ~uildi~~g to tho City. The iea;e payments from the City to the ~~~ would then be used fa pay far The bonds. These are not genera! abligafion bards and net backed by tax revenue. 32 ~cona~~nle I~evelop~~~e7~t Autl~a~~it~ I~eetin~ l~inr~tes ~~rcl~ 2'~, 7447 P~~e ~ of S Ir~li~r~~s os~ec~ ~~~ ~f~e ~r~~~r os~ r~fo ~or~l~ bo. ~~r~~e s~a~o~ ~vo ~o r~o~ f~ave ~~a~ r~~or~ior~ y~~. l~v~rao~i s~~~o~ for ~~o r~cor~, ~e wo~~~ be ~a~i~~g ag~ir~s~ ~~is o~ ~~e basis ~a~ ~~is ro~~~ ~~~~ cosh ~~o ~i~y ~~ore mor~oy. ~a~ian b ~i~hn~ s~cand b 1ilia~ns, to ~dap~ ~~saCuion 2g~7-a9, a R~so~utian dec~~rin the a~~i~ia~ intent athe ~o~un~bia Heights ~~ana~i~ ~a~aapn~~n~~uthari~~ g ~~~ ~~ rein~b~arsa tr~i d.~iri ~~ e~,di~ur~~ ~~r~rn the ~raceeds a~ bands to be issued b~ ~ ~ ~ the authc~rit~. ~ "~. Jindra- dye, a~vrac~i-~~~, ei~enberg- ,~~e, ilian~s- Abe, ~etersan-~ ~~~, Diehm- ~~e. avian ~~rried. ~e~s~ sfa~e~ fog ~~o record ~l~is dogs r~a~ a~,~iy a~arr~s~ ~~e t~lf faith ire cre~i~ a~ the City ~~~~ as ~ ~~ a er h~ prefers These ~o~~~s over go~~era! o~1i~a~ian borr~s. l~ y IVilliar~s s~a~ed hls ~~ay ~o ~~~ o~posrfe; ~~ ray r~a~e oc~r cre~i~ be~~or. ~~~~~. ~E~~T~ E~~~t~~_~~ E~~E~~~I~E~~ ~~T~.T RES~~vT~~ ~~. zao~W~~ ~E~LAR~ TAE ~FFC~AL ~TEI~T ~QF TAE ~i~E~1~~~ ~.EL~i~ T ~ E~I`~T~~~, ~E~~E~I~~E~~ T h.~T~~~ ~m~ T~ ~I~~~SE ~EI~.T~E~ EPEDTIU~ES ~'~1 TAE :P~~EE~S 4~F ~1~~~~ T~ ~E ~Sti`~E~ ~"~ TIDE ~UT~~RT~ ~REA~, the ~te~-nal Revenue Service has Issued Treas. Reg, ~ 1.154-~ the "Rel]~7bllrSenle~lt Regulations"} rovidin~ that proceeds of tax-exempt bonds used to reu~abu~-se p~-Tor expen~itu~~e~ mill not be deemed spent unless cer~ai~ p requirements ire met; ~.nd ~~RE.~S, tl~e Golu~nbi~. Fei~l~ts I~,conQ~nic Develap~x~ent Authority the "Autl~o~-ity"}, a~-tl~e Gity o~'Colun~bi~. ~ei~I~ts on belaal~`o`tl~e Autlao~-ity, expects to i~acu~- certain expenditures tI~~t m~.y be ~a~~cedte~npara~-iIy ~ron~ sources other tla~~ bo~ads, end rei~nbua~sed franc tl~e proceeds o~ ~ t~.x-exempt band; HF,REAS, tl~e Autl~o~-lty his deter~a~lne~ to ~r~ake this declaration o~ a~iclal indent ~t~e "~ecl~ratlon"~ to ~Reh~~bursc c~~-gain costs ~~-o~~ proceeds a~'bands lr~ acco~~dance ~itl~ tl~e Relmburseme~~t Re~ulatlans. ~OV~, T~-I~R~FC~R.I~, ~~ 1T RF~S~L~~ ~~ T~ ~QARD ~F CC~1~l0~ISSIa~RS aF TFIE CQLU.[~IA ~EIG~TS LC(~Na11~G ~3~VE~,€~P1~1~1T AUTH~R:T~ AS F~LL~~S: Tl~e Athorit~" in COaperatt~ itb the ~" praposes to nerta~e the acquisiIan and betterment aI~ tto ~unicipa~ Iigna' sto~yes the {`Praject""~W Z. The Autarity, ~r the ~~~ an bebal~' a~ the Antbot•lty, reasanably epects to rei~bnrse the x end~t~res made far certain. cans a~ the Fra,~ect from the proceeds al' bonds In an estl~ted maximum. P pri~~~pal amount a ~,~Q,44Qd41~. All reimbursed exper~drtnres gill be capital expex~d~tures" cans o~ lssua~c o~`tle bo~~ds, o~- other exper~~itr~res eli~~ble Or re~mb~rse~~r~e~zt u~~de~~ ~ectla~~ ~.~~-~di~3~ atl~e eimbu~•serr~c~~t egu~atior~s. ~ . M'his l~eclar~.tia~~ I~as bee~~ n~~de not I~.ter tl~a~~ ~~ days ~~ter ~~,~~~ent off' and original expe~aditure to be 33 l~canon~ic Deve~op~nent Authority Meeting Minutes ~arcl~ ~7, ?0~7 Page ~ of ~ sub'ect to a rei~~~burse~ne~~t allocation with respect to tl~e p~•oceeds of bonds, e~eel~t fo~• the i'ollav~r~ing expenditures: ~a} J casts of issua~~ce afban~s; ~}costs i~.~ an mount not i~~ excess of tl~e lesser of $1 ~0,~~0 ar 5 percent of tl~e proceeds of a~a. ;~~~~~~ ~~ ~~~ ~~p,.~1i~~~ina~w ex~~enclitu~-~~"unto an amount nat in excess of?a peg-cent ofthc age-agate ~s~ue price of tae ~~s~~c awuuv, v.. `.:~ d 1 . y .w f"" s..1__ ..~ ~ .tr~~~r+~ti '{'~'!f] 1'~YLS17T"S'5111~YLI or ~s5ucs that fina~~ce DI• a~"~ ~"~a5C~37~b~y c~p~c~~d L7~ ~C~7e Hui11[~~'l~y tiC~ tlil~.~]~~ ~~~~ ~~~j~~~ ~.ui vv~x~U~~ E~~u Y~~~.~~,-~aµx, ex endi~ures v~ere i~~cu~~-ed. Tl~e teen "prelizni.na~y ex.pe~adit~~.x•es" includes a~-c~~.i~ectua-a~, enbincerag, ~u~-ve~~b, ba~~d ~ . issuance, al~d similar costs that are incur-red prior to co~nme~~cen~e~~t afacquisitian, construct~o~aor~el~abilitation afaprof~ct, oti~er than Land acquisition, site preparatio~~, a~ad similar costs incident to coz~me~~cenle~~t of construction. 4, This Declaration is an expressio~~ of tlae reasanable expectations of the Autharit~ based an tl~e facts anal circumstances l~~ov~n to the Authority as ofthc date hereof Tl~e anticipated origllaai expenditures for floe Project and the ~-inci al amount of tl~e ba~ads ~csc~-~bcd in parag~•a~h 2 arc consistent ~vxt1~ tl~c ~.ut~aa~~it~'s and tn.c bud.geta~y ~.~~~ p ~ frnancial circumstances. Igo sources other than proceeds of bonds to be issued by the Authority are, or arc ~-easonabl~ ex acted to be, reserved, allocated. an a long-tern basis, or otller~ise set aside pursuant to tl~e Authority's or tl~e City's P budget or financial policies to pay such P~•oject e~pcnditu~-cs. 5. This Declaration. is intended to constitute a declaration of official ia~tent for pu~•poses of tine R.ei~nbursen~ent Regulatio~as. Approved by the hoard ofCo~n~nissioners of the Columbia ~ieights Fcono~nic Development .Autl~a~•ity this Z'7 da~~ of March ~0~7. ca~..~t~~~A ~~~~~TS ~~~~a~~c I~F'~ELaP~~IT AUT:I~~RTY Attest: Preside~~t-~~y ~. Peterso~~ ~~ecutive Director- falter ~.. Fehst ~eaaf~ rec. ~~~ ~ra~i~~ Pcs~n~a~~~~ Schc~~aacher slale~ bacl~ ire 2004, the ~DA~ a~~ro~e~ Schafer Ric~~e~ ~sor~'s ~asfet~ s~~e lar~ for the lr~~us~rial l~arl~, which i~~clt~~e~ senior coo~erali~e ~r~i~s. Schafer Richera~sor~ has al~r~e~e~ with Realife, lr~c. of ~~ple ~lalle~ ar~~ ~lar~s to ~builc~ ~~ c~nils of se~~ior coo eralive ho~sii~ o~ il~e former B~cl~les ~rope~~~ ire Phase ~. The ~rapasal ~ ~ rerr~ains cor~sisler~l with the ori~ir~al r~asler site ~lar~. Before lhe~ core back to the rl~ wi~l~ a foi~~al ~ra~osal, they seep cor~ce~~ su~pon` from fhe EDP so they carp rove forward with the fig~s~ sle of r~ar~e~i~~ the pro~ec~. They wo~l~ life ~o be~~r~ r~ar~eli~g of the ro'ec to she ~blic to olalair~ the 04% of resales rtee~`e~ for' fir~ar~cial a~pro~al, ~l ~ which is similar ~o the other ~rojec~s lhe~ have ~or~e. They have some of flee e~ar~~les of the ro'ecls the have ~or~e, some ele~alior~ e~am~Ies for the l~~ili~~g also. ~e lher~ ~~ ~ aslre~ Dare l~ar~se~~ to a~ress the hoar. Dare l~a~~ser~, Realife, lr~c. slale~ he is the owner of Realife. leis faiher slar~e~' it i~ the late ~0's. X411 the ~o is caoeralive hoc~si.~c~. The ~ea~le that lire there owe sloe a~~ are the officers of the cooerali~e. ooerai~e co~~rt~~r~ilies offer a aller~~ali~e fore of have owr~ershi to resi~er~ls. lr~slea~ of h~yir~c~ a~~ asst~~rir~~ the morga~e ors r`he house or co~~o ~~~if a resi~er~l has ~~rchase~, coo~erali~res hold ore r~orlc~ag~e are the er~lire ro eri ar~~ ~ ~sie~~ls ~c~rchase a share i~r the ~~o for~~rofil cooerali~e l~ ~ Y 34 ~ca~~az~ic De~e~ap~n~~~~ Aut~~o~~i~y ~~~eti~~~ N~~~~ut~~ ~~ ch Z'~, ~~07 Page 4 oS cor~ oration, l~ar~thly payments contribute to the payment of the n~artgage on the rn ert and cover the casts of maintaining the building and grau~ds. when ~rernbers ~ ~ y ~®f1 ~i~ca~~ r~rAr4~~ ~ iir~~r~~n~' ~t'Y~r')11r9T ~]T P!`~I1lTV C7~.~~~~ [.1~~]~I the r`iurxrb~r of °~iears ~i~ey l~a~r' Vt!(7, L!lLJ~ fVVVluv/ w..t r[rrr[~~~,.w v.,......+..,, ... .. ..j_...~ .~ .. .. _ ., ! r w lived ire them bane. residents experience naainter~ance free living, and amenities such as car~~rrunity and guest roams, exercr'se roams arrd a heated, indoor pool, obey use ~IClfl, ~~'~ ~~3 prngram, which gives therm a 4n year, fixed rate Iran. If they can get to the D ~ presale, they will give burr a tow interest rate. -~'a~~rrac~ri as~fed for same addresses of the units they ba~fe built. Schun~acber gave hirn some of the addresses, ~lansen stated the Whalen and asseo complexes would be the closest deli n to what they would like to build in Columbia Neigbts. Schumacher stated each unit would have their awry washer and dryer: willian~s asked if they could sub lease, will the school district get tl~e ~l~ money, what will be tl~e unit charge and is the building taxed ar is each unit. Hansen stated it could be done and that in ~~ years it has only happened two tunes and that each unit wrll get its own staterr~ent, but it is the building that is taxed. Abe cost of each unit would be about a dallarpersquare foot, a share wauldbe somewhere around ~0 ar~~a,~~~. Streeter stated the school district would still get the ~l~ funds. Schur~racher stated there is no farr~ral approval for this, they are dust leaking far the consensus of the board sa that they can ga nut and start marketing the units. ~etersan asked if staff bas seen any of the units they Piave built. Streeter stated he saw the one at Phalen and ~ebst stated lie has been ire the one err York,~venue, which was very nice. ~etersarr stated he would give Phis approval acrd that he would like to go through one ar two of the units. ~iehn~ stated the car~cept was great, this type of structure is san~ethin a lot of residents would be interested in. l~el~zenberg, ~lindra, ~lawracki acrd g Williarrrs agreed. Peterson then gave l~ar~sen the formal consensus of the beard to start marketing the units. D~~~ST~T~'~ ~T~ ~'artenheirner stated they have been invited by the Schaal Board to listen to tl~e architects plan. Sa ~ 1 tl F~arter~bein~er stated it is raw open and the parking lot is always full. ~iehrrr stated it was err interesting article about the Sarno restaurant, but it was a shame they focusing err the smoke. Streeter stated that n~igbt change as of today, the house asked a na smoking bay nn all public buildings tl~rroug~~raut the state, which rf rt's p ~ passed by the Serrate, w®uld ga into effect ~ ugust ~ of this year. 35 ~conox~aic D~~ela~~~~.t .~u~~~arit~ I~Sc~t~x~~ ~~~~utes arc~~ ?~, ~~a~ Page 5 0~ 5 wi~~~an~s s~a~ed even erne ~e does ~y ~arna's ~e can vlsua~r"~e w~a~ was ~f~ere before and wba~ ~s bere row, ~~ rs ~vin~ our ~~y some load ~ub~~ciy and ~ba~ ~~reear, ~~~'~)C~l~laclier alld ~ldli s~a~.[c~d ~c~~e sviiie creuri a~ ~~e~ ~a'~le v'~°~r~~r~1 ~~r~ a~t~ ~'~'~I~ ~r~d~f;' ~oryears. ~lawroc~i s~a~ed ~ar~be record ~i~a~ be ~e1~ Abe bui~d~ng ~oo~cs nr'ce, bud abjec~ed ~o Abe an~o~n~ ~~ey~a~d ~ar~be ~ro~er~y. ~r i~~ ~ar~en~ei~ers~afed the derno~~~ian is cor~~le~e in ease !!~. ~~~ ~~~~ ~al~enhe~rner s~a~ed the derna~~ion a~ ~~e bur~d~ng is can~~~e~e and a~rnas~ a110~ ~f~e ren~ova~ is done a~ ~f~is ~i~e. ,c~un~acber s~a~ed we are hav~n~ our~are~cons~ruc~ian n~ee~i~~g ne~~ weed so you wr"~I see same cons~ruc~ian phis sun~n~er. wr"f~ia~r~s s~a~ed fie would ~~e ~o see s~a~ ~aak a ~ear~n~ auk ~-~e road and n~av~n~ ~~. Slreetars~aled Kevin l~ansen leas ~lar~s ~a do l~rs. ~e~ersan staled we sl~ould sel u~ a ~roundl~~ eaking cere~rrany far the devela~n~en~. ~lreear ~iaied s~a~cau-d ~~~a~e ~r~e a~ ~an~e~~e~r~s. l~lawroc~r s~a~ed lie is s~lll wal~in~ far a copy of the e~enslon a~ lie ~l~' dis~ric~ brll. Stree~ardr's~ribuled the docu~ren~ is everyone on ll~e ward a~ ~~al ~i~e. A~JC~U~~~E~1~ ~~e~~~er~~, ~eer~an; ad~aurted fihe E~ee~~g a~ ?.~~ p.nn. ~~~pec~fu!!~ ~u~mi~ted, ~he~l ~a ~e~ ~o~n~u~l~ ~e~elapn~e~~t ~ec~ea~ !~ ~~~~A~~ni~~~eS~~D~~3~~~-~DD~ 36 PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING AUGUST 8, 2007 7:00 PM The meeting was called to order at 7:00 pm by Vice Chair-Donna Schmitt. Commission Members present- Thompson, Fiorendino, Schmitt, & Peterson (arrived at 7:03 pm) Excused Absence- Marlaine Szurek Also present were Jeff Sargent (City Planner), Gary Peterson (Council Liaison), and Shelley Hanson (Secretary). Motion by Thompson, seconded by Fiorendino, to approve the minutes from the meeting of Nlay 1, 2007. All ayes. ~VIOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2007-0801 APPLICANT: Nalapak Restaurant LOCATION: 4920 Central Avenue NE REQUEST: Site Plan INTRODUCTION At this time, Mr. Vish Nadig is requesting a site plan approval for the construction of an outdoor patio located in front of his restaurant, located at 4920 Central Avenue. Currently, Nalapak (former Udupi Restaurant) does not accommodate outdoor seating, and Mr. Nadig would like to offer this alternative to his patrons. In addition to the outdoor seating, Mr. Nadig would also like the ability to serve alcohol to those patrons seating outdoors. Staff has informed the applicant that specific criteria would need to be met from the Police Department in order to serve alcohol on the patio. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Commercial related activities. One of the goals of the Comprehensive Plan is to promote reinvestment in properties by the commercial and industrial areas. The proposed project is consistent with the Comprehensive Plan, as it is a reinvestment into an existing commercial building. The type of use of the building as a restaurant is also consistent with the designated Comprehensive Plan guidance. ZONING ORDINANCE The property is located in the General Business District (GB), as are the properties to the north, south and east. The properties to the west are zoned R-2B, One and Two Family Residential. The parcel is also located within the Design Guidelines Highway District, and will be subj ect the regulations for such properties. PARKING. The parking requirements for the building are based on different types of uses. The City Code requires a certain number of parking stalls for office, retail and storage areas. The proposed outdoor seating area will add 16 seats to the existing 120-seat capacity for the restaurant. The City Code requires the number of parking stalls equal to 30% of the seating capacity of the restaurant. With the proposed outdoor seating area, the restaurant will have 136 seats. This requires a minimum of 41 parking stalls. Currently, there are 44 parking stalls on site. The property is located along Central Avenue, and will be subject to the Design Guidelines for the "Highway District". 37 PLANNING & ZONING COMMISSION MINUTES PAGE 2 AUGUST 8, 2007 DESIGN GUIDELINES The proposed addition to Nalapak, located at 4920 Central Avenue is located within the Design Guideline Overlay District, and is governed by the "Highway District" standards within the Design Guidelines. The intent of the Design Guidelines is to make the City more aesthetically appealing, by requiring a set of minimum standards for new construction along Central Avenue and 40th Avenue. The minimum standards were created by a task force of City Officials, business owners and residents, and adopted into the City Code by the City Council. The City Code states that the Design Guidelines are applicable to any exterior changes, including repainting, with the exception of replacement or repair of existing materials. Anew concrete patio will be poured to accommodate the outdoor seating, as well as proper screening and landscaping. For this reason, the Planning Commission is required to review to proposed site plan. EXTERIOR DESIGN. The only change to the building will be the replacement of the existing concrete slab located in front of the building, to make it more aesthetically appealing. The outdoor seating will be placed on the patio and will be surrounded by a fence with landscaping to provide for some screening. At this time, there are no proposed physical changes to the building itself. FINDINGS OF FACT Section 9.104 (M) requires that the Planning and Zoning Commission shall make each of the following findings before approving a site plan: 1. The site plan conforms to all applicable requirements of this article The proposed site plan meets all the requirements pertaining to setbacks, parking, and public access for the district in which it is located. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. The proposed project is consistent with the Comprehensive Plan, as it will promote reinvestment in properties by the commercial and industrial sectors. 3. The site plan is consistent with any applicable area plan. There is no applicable area plan for this area. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of way. The proposed building meets all the minimum setback requirements and all Design Guideline requirements. For this reason, the property in the immediate vicinity should not be adversely impacted. Staff recommends approval of the site plan for an outdoor eating area, however any proposals for serving alcohol outdoors would be subject to Police Dept. approval. 38 PLANNING & ZONING COMMISSION MINUTES PAGE 3 AUGUST 8, 2007 Questions rom Mem ers: Thompson questioned if a building permit would be needed for the changes discussed. Sargent explained that a building permit would only be needed if the pillars are removed or if the fence will be over 6 feet in height. Permits are not needed for the concrete work or for fences under 6 feet in height. Fiorendino asked how far out the patio would extend. Sargent said the plan is to have the patio extend to where the blacktop and grass now meet each other. It will not encroach on the Highway right of way. Fiorendino then asked if 8 foot fences were allowed? Sargent responded that they are allowed in a commercial area, if that is what the Police Dept. will require. The Design Guidelines also allows for fencing for screening purposes. Peterson stated he is concerned that this building sits closer to the road than most along Central Avenue and by adding the patio seating, it will appear even closer. He feels it creates a patchwork, uneven look to the area. Sargent explained that it does meet the minimum requirement in the Design Guidelines. Those guidelines allow for buildings to be placed between 0-85 feet from the front property line. He also acknowledged it is hard to line up all the buildings since we are mixing re-developed, new structures in with the older, existing structures. Peterson commented that he thought the patio seating would be a nice addition and that it would look inviting. Schmitt said that we will probably get more of these requests, especially since the smoking ban is going into effect statewide. Sargent told members that staff is working on a policy to address these requests. Schmitt felt we should make allowances for patios like other cities have, including Minneapolis. It seems to be a popular trend for restaurants and bar/grills to offer this seating alternative. Schmitt had a few questions regarding the changes that would be made to create this patio area. Sargent stated that there are no plans to change the exterior of the building or the signage currently in place, and that the Police Dept. will be making the decisions regarding access to the seating area. Schmitt stated that if the fencing isn't too obstructive, it will look nice. Gary Peterson stated he thinks the building looks nice now and hopes the fencing won't detract from that. He believes the barricade/stockade fencing that was used by another business in town was an eyesore. He is aware that the Police Dept. will have different requirements based on whether alcohol is served on the patio or not. Sargent said the plan states an ornamental fence would be used and he hopes a compromise can be made to make it attractive. Schmitt asked why Buffalo Wild Wings was required to have such a high fence and Sarna's was not. Gary Peterson said he asked the Chief about this and he was told that the fence along University Ave Highway is considered the restriction that deters pedestrian traffic in the area, more than the shorter, ornamental decorative fence around the patio. The Public Hearing was opened. Vish Nadig who is part owner answered some of the questions that had been raised. He said he was willing to work with the Police Dept. regarding the fencing as he wants something that is attractive and easy to maintain, but at the same time, inviting also. He said Columbia Heights is more restrictive than most cities and that his clientele are diners who enj oy a beer or glass of wine with their meal. The Public Hearing was closed. 39 PLANNNING & ZONING COMMISSION MINUTES PAGE 4 AUGUST 8, 2007 Motion by Thompson, seconded by Firoendino, to waive the reading of Resolution No. 2007-PZ03, there being ample copies available to the public. All Ayes. MOTIONPASSED. Motion by Thompson, seconded by Fiorendino, to adopt Resolution No. 2007-PZ03, being a resolution approving a site plan, for an outdoor eating area, subject to the following condition: 1. All proposals for serving alcohol outdoors must be approved by the Police Department. All ayes. ~VIOTION PASSED. RESOLUTION N0.2007-PZ03 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR NALAPAK WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2007-0801) has been submitted by Vishwantha Nadig to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 4920 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THF, APPLICANT SF,F,KS THF, FOLLO~UTNCT PF,RMIT: Site Plan approval for outdoor seating. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on August 8, 2007; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed site plan 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 Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: 1. The site plan conforms to all applicable requirements of this article, except signage. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of way. 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 (1) calendar after the approval date, subj ect to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All proposals for serving alcohol outdoors must be approved by the Police Department. 40 PLSANNING & ZONING COMMISSION MINUTES PAGE 5 AUGUST 8, 2007 Passed this 8th day of August 2007, Offered by: Seconded by: Roll Call: Ayes: Nays: VICE CHAIR Donna Schmitt Attest: SECRETARY, Shelley Hanson Approval is contingent upon execution and return of this document to the City Planning Office. I have read and agree to the conditions of this resolution as outlined above. Vishwantha Nadig Date CASE NUMBER: 2007-0802 APPLICANT: City of Columbia Heights LOCATION: 4800 Block of Central Avenue REQUEST: Comprehensive Plan Amendment, Zoning Amendment INTRODUCTION At this time, the City of Columbia Heights is requesting two amendments with relation to the 4800 block of Central Avenue. They are as follows: 1. A Comprehensive Plan Amendment to reguide the subject property from Transit Oriented Development to Commercial. 2. A Zoning Amendment to rezone the subject property from MXD, Mixed Use Development District, to GB, General Business. The parcels to be reguided and rezoned are those located at 4849 Central Avenue (Savers), 4811 Central Avenue (Buffalo Wild Wings), 4801 Central Avenue (Welle Auto Supply), 4757 Central Avenue (Subway), and 4755 Central Avenue (Marina Grill and Deli). In 2003, these parcels were guided for Commercial and were zoned General Business (GB). Because of the developing Grand Central Lofts, along with the possibility of a hotel being located in the area, the City Council changed the Comprehensive Plan guidance to Transit Oriented Development and rezoned the current Mixed Use Development District (MXD) classification. At this time, the city has no proposals for a hotel to be located in the area. Staff recommends that these parcels be rezoned back to the GB zoning classification. 41 PLANNING & ZONING COMMISSION MINUTES PAGE 6 AUGUST 8, 2007 COMPREHENSIVE PLAN The Comprehensive Plan currently guides the property Transit Oriented Development (TOD). This guidance allows for a mixture of neighborhood service-oriented development with varying densities of residential development. Being that there is no future plans to accommodate a residential component on any of the aforementioned properties, staff recommends reguiding these parcels to return them to their previous classification. For this reason, staff recommends a Comprehensive Plan Amendment to reguide the parcels located at 4849, 4811, 4801, 4757 and 4755 Central Avenue from "Transit Oriented Development" to "Commercial". ZONING ORDINANCE The subject properties are currently zoned MXD, Mixed Use Development District. Staff recommends rezoning the subject parcels to GB as this zoning classification would be most fitting for the types of uses conducted on these premises. The General Business classification is more consistent with the zoning standards that are enforced for the other commercial properties along Central Avenue, and staff would like these parcels to be consistent with the rest of the Central Avenue corridor in this respect. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following findings before approving a zoning amendment: 1. The amendment is consistent with the Comprehensive Plan. The proposed zoning amendment will rezone a portion the subject properties from MXD, Mixed Use Development District, to GB, General Business. City staff is concurrently requesting a Comprehensive Plan Amendment, which would make the proposed zoning amendment consistent with the new Comprehensive Plan designation of "Commercial". 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed zoning amendment would rezone the subject properties to their previous zoning classification. The rezoning of this land would ensure that these businesses would use the property in the same manner as the other commercial uses along Central Avenue. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The existing uses of the properties in question are: a secondhand store, a restaurant, and an automobile supply store. These are all permitted uses in the GB, General Business District. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. The possibility of the location of a hotel prompted the area to be rezoned from GB, General Business to MXD, Mixed Use Development District. Because there are no plans for a hotel to be located on the site, a rezoning back to General Business would be prudent. 42 PLANNING & ZONING COMMISSION MINUTES PAGE 7 AUGUST 8, 2007 Questions rom Mem ers: Peterson questioned how the re-zoning would affect the businesses at these addresses and what the advantage was for making the change back to General Business. Sargent explained that it won't affect them in any way regarding how they are now being used, and since the businesses involved aren't interested in being part of the re-development, there is no longer a reason to keep them zoned MXD. Properties in an MXD zoning have more flexibility for lot coverage, more lenient setback requirements, and also could be used for high density residential housing. If left as is, the city would have no control if someone chose to develop their whole site. Sothis re-zoning is being done to protect Public Interest, and will make it consistent with the other businesses along Central Avenue. Fiorendino asked if any of the businesses would be non-conforming, and Sargent answered no. It was noted that 4707 Central Ave is not included inthis re-zoning as it is still part of the Grand Central Lofts Development plan and they want some flexibility as they make plans to develop that part of the site. The Public Hearing was opened. No one was present. The Public Hearing was closed. Motion by Peterson, seconded by Fiorendino, that the Planning Commission recommend the City Council approve the Comprehensive Plan Amendment to change the guidance of the land from "Transit Oriented Development" to "Commercial ". All Ayes.1VI0TI0N PASSED. Motion by Peterson, seconded by Fiorendino, that the Planning Commission recommend that the City Council approve the rezoning of the properties located at 4849 Central Avenue, 4811 Central Avenue, 4801 Central Avenue, 4757 Central Avenue and 4755 Central Avenue from 1~IXD, Mixed Use Development District to GB, General Business, based on following conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The approval of the Nezoning of the pNOperty is contingent on the MetNOpolitan Council's approval of the Comprehensive Plan Amendment. All ayes. MOTION PASSED 43 PLANNING & ZONING COMMISSION MINUTES PAGE 8 AUGUST 8, 2007 The following Ordinance and Resolution will go to the City Council on August 13, 2007. ORDINANCE 1529 CITY OF COLUMBIA HEIGHTS, MINNESOTA BEING AN ORDINANCE PERTAINING TO ZONING AND DEVELOPMENT ORDINANCE NO.1428, PERTAINING TO THE REZONING OF A CERTAIN PROPERTIES LOCATED AT 4755, 4757, 4801, 4811 AND 4849 CENTRAL AVENUE NE SECTION 1: WHEREAS, the City of Columbia Heights has indicated the K-Mart site as a specific area in the City to focus redevelopment efforts on in an attempt to beautify the City and encourage positive growth; and WHEREAS, the redevelopment in this area will not include parcels of land originally intended on being redeveloped; and WHEREAS, the City of Columbia Heights recognizes that the MXD, Mixed Use Development District zoning allows for flexibility in land use regulations for those businesses in the subject area that other businesses along Central Avenue do not have; and WHEREAS, rezoning the subject parcels from MXD, Mixed Use Development District to GB, General Business District provides a common ground for land use regulation for all businesses along Central Avenue; and WHEREAS, the rezoning is consistent with the City Comprehensive Plan, as amended by Resolution 2007-133, and is in the public interest and not solely for the benefit of a single property owner; and WHEREAS, the zoning classification of the property for the current development is compatible with the proposed GB, General Business classification, and BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of the proposed rezoning from MXD, Mixed Use Development District to GB, General Business District. SECTION 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Gary Peterson, Mayor Patricia Muscovitz, City Clerk 44 PLANNING & ZONING COMMISSION MINUTES PAGE 9 AUGUST 8, 2007 DRAFT RESOLUTION 2007-133 CITY OF COLUMBIA HEIGHTS, MINNESOTA A RESOLUTION PERTAINING TO A COMPREHENSIVE PLAN AMENDMENT FOR THE PROPERTY LOCATED AT 4755, 4757, 4801, 4811 AND 4849 CENTRAL AVENUE, IN THE CITY OF COLUMBIA HEIGHTS. WHEREAS, the City of Columbia Heights has indicated the former K-Mart site as a specific area in the City to focus redevelopment efforts on in an attempt to beautify the City and encourage positive growth; and WHEREAS, the redevelopment in this area will not include parcels of land originally intended on being redeveloped; and WHEREAS, the City of Columbia Heights recognizes that the "Transit Oriented Development" land use designation of the subject property in the Comprehensive Plan allows the flexibility and mixture of neighborhood service-oriented development and varying densities of residential development not required on the subject parcels; and WHEREAS, the current development is consistent with the description of the Commercial District; and WHEREAS, the Comprehensive Plan Amendment supports other policies of the Metropolitan Council such as reinvestment/redevelopment, planning pedestrian and bicycle connections between workplaces, residences, retail and services, and supporting a healthy living environment; and WHEREAS, the City's approval of the Comprehensive Plan amendment for the subject property is contingent on Metropolitan Council review and the amendment will be sent to the Metropolitan Council accordingly; and BE IT FURTHER RESOLVED that the Planning and Zoning Commission conducted a public hearing to review the Comprehensive Plan Amendment and recommends approval of the proposed amendment changing the land use designation for the subject properties from Transit Oriented Development to Commercial. Passed this day of Offered by: Seconded by: Roll Call: Gary Peterson, Mayor Attest: Patricia Muscovitz, City Clerk 45 PLANNING & ZONING COMMISSION MINUTES PAGE 10 AUGUST 8, 2007 NEW BUSINESS Sargent reported that he had a conversation with Szurek regarding establishing a policy that would allow staff to review and issue permits for signage along Central Avenue and 40th Avenue. This would make it consistent with how other sign permits are processed in the city. Currently, sign permits along these two Avenues require approval from the P & Z Commission. By allowing staff to review the requests, it would save time for the applicants and the fee they are charged to go before the Commission. Staff would still make sure that the signage meets Design Guidelines. If there are any situations that staff, or the applicant wants brought to the Commission, that can still be done. This would not affect signage for new construction, as that would still be part of the site plan process. Sargent will prepare the policy and let the members review it, as they all concurred with the plan. OTHER BUSINESS None The meeting was adjourned at 7:55 pm. All Ayes. Respectfully submitted, Shelley Hanson Secretary 46 COLUMBIA HEIGHTS -CITY COUNCIL LETTER Meeting of: August 13, 2007 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER' S N0: Administration APPROVAL ITEM: Executive Session BY: Walt Fehst BY: N0: Discussion DATE: August 1, 2007 DATE: Background: On Monday, July 30, 2007, at approximately 6 p.m., the City Council recessed to a Closed Executive Session for the purpose of conducting a performance review of the City Manager. State Statute requires this be indicated at the next open meeting of the public body. Recommended Motion: None require . COUNCIL ACTION: 47 CITY COUNCIL LETTER Meeting of August 13, 2007 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER N0. POLICE APPROVAL: ITEM: Transfer of Funds from General Fund to Police BY: Thomas M. Johnson BY: Dept 2007 Budget Overtime Line # 1020 DATE August 3, 2007 DATE: BACKGROUND During the past year, the Police Department has had a member of our department in the Anoka/Hennepin Drug Task Force (DTF). The DTF is partially funded by a Federal Grant administered by the State of Minnesota. Part of this grant is for partial reimbursement of overtime incurred by the DTF officers. For the second quarter of 2007, we have received a check from Anoka County in the amount of $1,200 as partial reimbursement for the overtime of our DTF Officer. ANALYSIS/CONCLUSION Since the overtime dollars used to participate in this program were initially paid out of our 2007 Police Budget and because, according to the Finance Director, the funds received from the State to repay this expenditure are initially considered revenue, they must be placed in the General Fund. The Police Department is requesting that the funds received from Anoka County, $1,200, be moved back into our 2007 Police Department Budget line # 1020 Overtime, from the General Fund. RECOMMENDED MOTION: Move to transfer $1,200, the amount of money received from Anoka County as partial reimbursement for overtime worked by our member in the Anoka/Hennepin Drug Task Force, for the second quarter of 2007 from the General Fund to the Police Department 2007 Budget line # 1020 Overtime. TMJ:kao 07-124 COUNCIL ACTION: 48 ~` aivo~. courrTY t Ct}UNTY OF ANOKA 2100 TfIIRD A`JENLTE ANOK:~, MINNESOTA 55303 ~A~ one ~'~iaus~na~ ~"wo ~'ur~~ir~~' r~~~~~rrs ~~~ ~~ ~~r~~s ~ .~ .~ ~ ~ ~ ~. ~ ~ .~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ AI~CUNT 3ER ~F ~ ~F dF iE ~ ~G~~.aQ To TNT oRa~R o~ CITY CF CCLUMBI-4 HEIGHTS ~aLICE DEI~A~TNIENT 55g IVIILL STREET NE CDLUI~RIA HGHTS, ~N 5~42~ tee ~ Un~~ed Spa WBLLS FARGD BANK MINNE5~~"A I.A. ANQKA, M~NNESE~TA ~~~ D ~ 2 ~'~~~~ ~®9 ~OQQ~ ~ ~~ DD 0~~ 9 ~C17~~' ANaI~A CpUNTY 3O-JUN-2O 30-JUN-07 I . 1 A r . REMITTANCE AaVICE 2nd QTR OT NARCOTICS GRANT CHE~I~ N~. 1 ~.7~~~ 17-1 SATE ~~°.~UL-7 ~~v DATE 2?'-JUL-®? o.oo ~'M ~l• t ) ~ _ "f ( 6•I~4t : n~ ~ ~v .: ~ r ,,n A. i ~~1 ~~ .. :Y, ~ ~, ~ ' " 1 r iµ "i~;,y,.. ' ~ ~ .. royy ~~$ ~'•1' i, CHECK NC. ~ 4~226~ ~ ,200.00 ;::::::::::4::: ~~:~: u:;:::;: v: ~~ {•~•'~. ., ~ ::A;Y ....~ ...........:......~ TaTAL ....................................... i1rQi~4ha' 49 CITY COUNCIL LETTER Meeting of August 13, 2007 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER N0. POLICE APPROVAL: ITEM: Transfer of Funds from General Fund to Police BY: Thomas M. Johnson BY: Department 2007 Budget overtime Line # 1020 DATE August 3, 2007 DATE: BACKGROUND During the past two months, the Police Department took part in the Statewide Operation Nite Cap Program. This program involved putting officers on our streets on overtime enforcing Driving While Intoxicated laws and use of seatbelts. In July, we were reimbursed by the State of Minnesota for the overtime expended. This was in the amount of $4,083.19. This money was originally paid out of our 2007 overtime budget and we would like to reimburse these funds. ANALYSIS/CONCLUSION Since the overtime dollars used to participate in this program were initially paid out of our 2007 Police Budget and because, according to the Finance Director, the funds received from the State to repay this expenditure are initially considered revenue, they must be placed in the General Fund. The Police Department would like these funds, $4,083.19, moved back into our 2007 Police Department Budget line # 1020 Overtime from the General Fund. RECOMMENDED MOTION: Move to transfer $4,083.19, the amount of money received from the State of Minnesota for our efforts in the Operation Nite Cap program for May and June 2007 from the General Fund to the Police Department Budget line # 1020 Overtime. TMJ:kao 07-125 COUNCIL ACTION: 50 Page I of 1. T®rn J~hns~n - ®~erat~an NiteGap F~arn: Joseph Kfoiber To: Paul Banesteel; Tom Johnson Date: 713~12DD? 4.4? PM Subject: operation NiteCap We received the attached payment from the state yesterday. Joseph Kfoiber Assistant Finance Director City of Columbia Heights Telephone 753-?06-362? Facsimile ?53-?D5-353? ~~e.lf~;oc~~e~ts aid ~ef~~gsl~~~-~erlLacal SB~~nglTe~~~~~000~1.~T1~I ~I~IZQ~7 ..~ .... ~........~. __..~..~ m_ ~mn ._,_.. ~ m.~ .~ .,_._...~..~...._.~ .....~._ . ~__..........., ~ _.. ~ ...,...~. ~.. _,~.~ ~..~~..~.~...___ ~....... ~ m_,._.,..~ ... ~___ __ ~......._ ~ .....w....._~.. _mm ...~..~.~~. _ ~....._ ....._~.._ .......~.w...m..~.....~~.._..... ~ Pain ~anesteel Peymer~t~et~i[..pdf _ _ _ Pale 1 Page l off' 1 :., {~ ,z ~ 4Q0 G~~Tf~ld~ b r " ~ ,, w~ F ~ /, y,, ~~ alb:.:: Leh.. :. ~.~~ ~~ :::. ~ ., ~, w.. ~ ;.' Pharre 65~ -2Q1; ~ ~,,~ } fax fi51-296-668 < ~; ~IfIClE50~ ~{f}~~' * ~ ~ ~``` ~ .~ ~~ ~ ~ 6~0 -EZ7 X529 ~ ' ~' ' `~ ti ~' ~ ~''~ ., x ! ~ .. ~'a~~~~~t D~~a~ For '~~~~o~: COL ~MB~A HEIGHTS C.1 TY OF T 11~0.1136772d~,~~~0 ]f you have any gczestions re~a~iin~ this payment, call the Contact Phone Number listed next to the Acncy CcxlelDescriptian . This is the state agency that made the payment to you and will be able to answer any questions. Payment Number : FF00~~287~642 Payment Ar~ount : 4,083.E 9 Payment date : 2007107127 A~eney C~de~ Contact Phone ~fvucher ~end~r Payment ~escriptian Number Number Invoice Number ~m aunt P(~7 ST PATRaL- 6S 11241-702Q 54000016398 C3PER NIGI-ITCAP 24.608 05007 4.083.19 ERNEBTa ~e~~~ ~o pa~~~~~t ~~mm~~~ Pa ~ `~ei~~l a ~i~~i~er~t I~~~cati~~ -- ,~~, ~~ ~~off.` ~~~-..~ U ~., i '~~ -- ' u ~- -~ xa SFr. ~ as s~ ~~~y ~6 5 ~S yas ~3 S~ ~tJs y,~ /~ 75 G3v ~f3 G~~ ~-.--' ~ 8~~. ~ ~ ~ :~ ~ ~ a . ~~ ~~ ~~~ ~ 9 fi1~:11C:l~ac~n~ ~d e~tin~slCC~-~-~.Tserl~.,c~ca.l et~~~~OTemp1AI.~~?~ AZ.htr 71~~1?07 52 Operation NightCAP Invoice ~~ ire: Colur"nbia Flei hts, Police Do artn~ent Agency Aaidre~: 599 llll'rlls Street Fast Gaiun~bia Hei hts ~ ~~ 5542 S,~TUR,~T~~~ DATE ~ : yl~ ~ ~~~r~~ ~"oTL ~~"ERT11E ~C~~R~'C~RCED: ..,J~ ~~~ ~~~ ~~~'"If~~~,g V`titi77ll ~~~~ ~~~~ ToT~. EVE AIC~IJ~T. ~ ~ l ~ ~ 'V ~ ~~~~~~ ~~ ~~ FEDE~ FADS ALL~~~TED: ~~ a aoo~oa ~~ ~ ~~~ / ( /~~ ~ { t ~ l'~~ ~~7~ CLrR~ V ~ ~ b T~T~~~ C~'DA Numbers 2~.~~8 This block for Stag Use only Vendor Number:D35??~00-~~ SFY: 0? order Number: 5990-5~?~ Agency: Pa? Fund: 3~D Qrg: 5 53 Appr: 5~g Report Cat: Al~1KA ~P'PRaV~L S1~~~TLlRES ,~i.( ,; ~ County or ~ Authori ed Rep. Dat M V District Authorized Re . Qate p Federal projects Director ~ Date fan Sirkelan T T ~ Federal Projects Coordinator ~. CEO ~3 r ai d a~ a y MMMMN R ~ C'~ ~ ~~ ~~ C 0) :~. ,~ ~ ~ ~ ~ ~- ~ ~ ~ ~ ~~w ~, i ~ , ~ tt3t,~~t!°)~u3L{7~~c?~~f7Lf7~tou7~~ ~ tit ~' ~' d' S#' ~#` "~" 'ct' '~' 'd' ~' ~ d` wt ~"' '~" "~" 0 ~to~(?tou7~u~tnu~~~~u)~tt7~~u~a~~~~~~} '~' ~' '~" 'd' ,~' ~' ,~" '~' ~' ~' ,~. d" ,~' ~" '~' ~" '~' ~' '~" ~' ~"' ~" ~` ,. .. .~•+ Lit'~C"~©C~©C7©C?OC'~©a~©dQ ~~~~~{fl'~~~~~~~~~~~'Ef3'ffl' C~©~C7©dC~~?C~aC7©©Q'dC~C3C7QaC]©a ~~{~'{~ffl'~Efl'~'~'fH'tfl'~'tf3-b'9'~~~~~~ffl'~~ '' ~ ~ C ~ Q ~ ~ ~ L ~ ~ ~ a. ~; +--~o ~ ~~~~~ ~ ~ ~W ~ ~ ~ ~~~ ~ ~ ~ ~ as o ~ ~. ~ ~. ~ ~Q~~~ v ~ ~~a~t ~ o~ ~W"~rn~ ,. ~ ~. ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ n N ~ ~ c~ ~ r ~,~~~ ~ ~ ., ~ W ~~r( `~ ~ r ~ ~ N - ~ CV Q ~ ~ ~ a ~ ~ N C~ ~~.. ~N~~ N ~ ~~ ~' ~ '~ ~ ~ ~ ~ ~ ~- (~~ ~C'"at'~~'t~3C'~[''?['?(~7C'~('hCr}r''?C'~C~'3C~t''?CD ovcz~~aC~t~~DoJJ~~~aCyo'JOD~o~~N (D~ NN ~~ N N 0.7 N Ctif N C~1 C~1 tW N C1! [V CSI C~ N R1 "~" 'ef" ~t' N ~ ~ ~ N ~ 0 ~ N ~ ~ ~ ~ Q~ ~ C3? C'~ ~ CD G~ ~- !` "d" C4 N ~„ ~ 00 t~ N ©C,CC~ r Q3 ~ ~ C G t~ ~ ~ Lq €~ ~ d ~ ~ ~ ,~' ~ ~ ~ ~ ~ ~ ~ t13 ~ " ~ SC ~ ~ ~ ,~ ~ ~ .~. 1 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~_ ~ ~ ~ F.'" ~.+ m II p} c c U E 1.. ~. ti t~ z ~i ~a m .~ c~ .~ C9 C~ C sn 7+ C G ~.. Calmia I~ei hts 559 Mill Street NE Caiumbia Heights, MN X5421 Police Department Records: 763-706-3750 Investigations: 763-706-3 774 Fax: 763-706-3752 Fax Transmittal J~~y Z4, ZOQ7 To: Jan ~irkeland From: Raul ~ones~e~l ~~: I~ ~~ate Ra~rol Phone: ?"fi~~?Ofi-~~~9 ~~t 4~ fi Fax: 6~~ -~g6-59~~ Fax: ?fi3-~~~-3?~ Re: Invoice ~4noka bounty VIII T"aak Force Pages: Z fan - attached is an invoice to cover the Anoka County l~Ve~1 Task Farce from. lay 4th 2007- to July 13th, X007. Please call me if you have any questions. Thank you, Corporal Paul Bonesteel 763-706-3799 ext 416 This cover sheet and any ac:campanyirtg documents may contain confidential information which is legally protected. The inormation isrr~tended only for the use of the recipient named above. ~' you are not the intended recipient, you are hereby notified that any disclosure, capyin~, distribution of ar taking of any action in reference to the contents of this faxed information by you is strictly prohibited. if you receive this fax in error, please ratify us immediately' by phone to arrange for the return of the documents} to us. 55 CITY COUNCIL LETTER Meeting of August 13, 2007 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER N0: APPROVAL ITEM: REISSUE RENTAL BY: Gary Gorman BY: LICENSE N0: DATE: August 6, 2007 DATE: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against the following properties for failure to meet the requirements of the Residential Maintenance Codes has been resolved. The owner has corrected all violations and paid all fees due. RECOMMENDED MOTION: Move to issue arental-housing license to Michelle Parson to operate the rental property located at 4226 4th Street N.E. in that the provisions of the residential maintenance code have been complied with. COUNCIL ACTION: 56 CITY COUNCIL LETTER Meeting of August 13, 2007 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER N0: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY: Licenses N0: DATE: August 6, 2007 DATE: Approval of the attached list of rental housing license applications, in that they have met the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for August 13, 2007. COUNCIL ACTION: 57 List of 2007 Rental Licenses to Approve Occupany I.D. Property Owner Name Property Address 10200 Emme Management Co. 11111 Gilbert-Bradshaw LLC 30017 Lynde Investment Company, LLP 30018 Gauvitte Park, LLC 30019 Lynde Investment Company, LLP 30021 Lynde Investment Company, LLP 30027 Lynde Investment Company, LLP 30033-NC Koke Development 30090 CNJI, LLC 30125 Lynde Investment Company, LLP 30127 Lynde Investment Company, LLP 30145 Lynde Investment Company, LLP 20001 Salman Ali 20162 Mir Ali 34012 Alan Avery 30171 Alan Berg 30173 Diane Berg 20063 Walter Caughey 20158 Dee Coghill 12011 Roger Collins 20323 Chad Corbett 20062 David Corbin 10007 Marilyn Dalseth 20051 Marilyn Dalseth 20262 John Egelkrout 10014 Michael Erickson 12206 William Farrey 15009-NC Donna Frank 90640 Farah Gelle 12090 Gary George 10120 James Gilbert 20175 Gerald Grote 30128 James Hansen 10079 Enes Hegic 10088 Jason & Julie Hetland 20201 Dolores Jefferies 30163 Shah Khan 12120 Robert Koponen 10084 Jeffrey Larsen 4070 MAUREEN 1032 44TH 4050 4TH 233 42 N D 4060 4TH 4120 4TH 4100 4TH 3835 Tyler 3801 VAN BUREN 4425 UNIVERSITY 4441 UNIVERSITY 4433 UNIVERSITY 1224 CIRCLE TERRACE 966 441/2 4201 MONROE 4242 3RD 4233 3RD 3959 POLK 4000 CLEVELAND 1077 POLK 4601 Taylor 1013 43112 4607 PIERCE 4539 FILLMORE 4307 7TH 2200 FOREST 1110 43112 4148 Tyler 1234 43112 952 441/2 1815 42ND 4144 Quincy 4609 UNIVERSITY 4525 CHATHAM 1319 43RD 46414TH 981431/2 1035 POLK 808 491/2 08/0712007 11:10 5s Page 1 List of 2007 Rental Licenses to Approve Occupany I.D. Property Owner Name Property Address 30131 Ruth Lemke 30133 Ruth Lemke 20117 Ping Luu-Wang 20100 John Majewski 10112 Nuvia Maldonado 10016 Marcea Mariani 12050 Kathleen Mills 10078 Veronica Moroz 12174 Kenneth Myhre 12118 Janet Nielsen 12223 Laura Pham 10158 Stephen Popa 20230 Mahmoud Rifai 20118 Allen Ringate 10123 Kathy Rudnitski 12136 Patsy Sandsness 10137 Tokan Sarsour 30005 JoAnne Schaefer 10106 Walter Sentyrz 10060 Walter Sentyrz, Jr 12137 Dwight Sonnenberg 10118 Marc Spieler 20409-NC Audrey Stauch 34013 Martin Terveer 12010 Steven Thoreson 12068 Janene Unke-Hanson 30063 Mario Valtierrez 20071 Stanley Van Blaricom 20073 Stanley Van Blaricom 91283 Samuel Weulander 4643 UNIVERSITY 4655 UNIVERSITY 1214 45112 3825 JOHNSON 4216 JACKSON 4007 MAI N 1129 CHEERY 4533 MADISON 1143 CHEERY 650 471/2 4935 Tyler 44214TH 3985 JOHNSON 1300 45112 5122 7TH 1214 43112 3705 Reservoir 4220 4TH 3721 VAN BUREN 3913 ARTH U R 111142112 4205 JEFFERSON 4161 Tyler 4210 Quincy 4613 Taylor 4357 7TH 3849 EDGEMOOR 4507 Taylor 4529 Taylor 4545 5TH 08/0712007 11:10 59 Page 2 CITY COUNCIL LETTER Meeting of: August 13, 2007 AGENDA SECTION: Items for ORIGINATING DEPARTMENT: CITY Consideration - CITY MANAGER'S MANAGER' S Ordinances/ APPROVAL Resolutions N0: ITEM: Adopt Resolution 2007-146, BY: Walt Fehst BY: being a Resolution regarding DATE: August 7, 2007 DATE: the City Manager's compensation N0: On Monday, July 3 0, 2007, the City Council conducted a performance evaluation of City Manager, Walt Fehst. As a result of the review, the consensus of the councilmembers was to place on the next council agenda a recommendation fora 10% increase to the City Manager's compensation, effective January 1, 2007. The resulting change would be: Current Salary: $102,531 Effective January 1, 2007: $112,784 Increased Deferred Compensation by 10%: $800 additional The attached resolution makes this change to the City Manager's compensation. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 2007-146, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2007-146, being a resolution regarding the City Manager's compensation. COUNCIL ACTION: 60 RESOLUTION N0.2007-146 RESOLUTION REGARDING THE CITY MANAGER'S COMPENSATION WHEREAS, on July 30, 2007, the City Council conducted a performance evaluation of City Manager, Walter Fehst, and WHEREAS, as a result, a 10% compensation adjustment is recommended. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights does hereby make the following modification to the City Manager's annual compensation, effective January 1, 2007: Salary increase from $102,531 to $112,784 Increased Deferred Compensation by 10%: $800 additional Passed this 13th day of August, 2007. Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Patricia Muscovitz, CMC City Clerk 61 CITY COUNCIL LETTER Meeting of: August 13, 2007 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER N0: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: N0: DATE: Aug 8, 2007 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the August 13, 2007 City Council meeting. This agenda consists of applications for Contractor licenses for 2007. At the top of the license agenda you will notice a phrase stating ~ Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Motion: Move to approve the items on the business license agenda for August 13, 2007 as presented. COUNCIL ACTION: 62 TO CITY COUNCIL August 13, 2007 ~ Signed Waiver Form Accompanied Application 2007 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES Bldg One Call Contracting ~K & S Plumbing Kasper Excavating Infrared Heating Voss Utility & Pl 9201 Isanti St NE, Blaine $60 9572 Knox Ave No, Brk. Pk $60 16150 64th St, Becker $60 22345 Monroe St NW, Elk River $60 PO Box 240, Hanover $60 Jay's Plumbing 25 So. Sutton Lake Blvd, Jordan $60 63 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: August 13, 2007 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number 122350 through 122586 in the amount of $ 3,911,384.82 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 64 H~ ~ ~ x~ ~7 a ~ ~ H R; ~ ~ WW ~ ~ x~ o ~ ~ ~U ~ ~ H ~ ~ ~~ ~ ~ a ~~ ~ ~ ~~ ~ ~ ~ ~~ ~ ~ a po ~ ~ U~ U~ ~ ~ i ~ ~ wax ~ ~ Ho poo ~ ~ ~ a~ ~ d~ ~ ~ ~ U ~o~ ~ ~ ,~ Hai ~ ~ ~ ~ H ~ ~ ~ ~ ~ ~ ~ ~ N l0 U ~ ~ ~ ~~ ~~~~~~ ao -~o ~ ~ ~7 ~ ~ is ~ ~ is ~ ~ 'Z, N ~ ~ H N ~ ~ [~ rl H ~ ~ ~ H ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Q Q Q Q ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ -k ~ ~ ~~~~~ ~~~~~~~~ N ~ ~ H U ~ ~ HHHH~ U O 'Z ~~} ~-I -k ~ ',~ Lf) ~ ~ ~ UUUU~ O N u1 ~ ~ U N '~ p x ,~ ~ ~ O U is i> i> i> i> ~ N ~ N ~ ~ \ N ,~ ~ ~ ~ ~ di U ~oooo~ ~ ~a \ ~ -~ ~ ~ ~ a~ ~ ~ UUUU~ o -~ a ~ ~ ~ ~ ~ ~..~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W 0 ~ ~ ~ ~ ~ ~ w ~ ~ bj ~ ~ ~ -r-I ~ ~ Ol is ~ r~ Ul • r-I N U~l~ ~ ~ .. ~, ~ ~ U ..U ~~ ~ ~ ~ ~~ ~ U~ • • ~ ~ 0 a--1 Q H ~ ~ O ~ ~ -r-I ~-I ~ ~ N O ~ Q r-I ~ ~ ~ 0 ~ ~ ~ ~ J N ~i • r~ ~I H ~; ~ ~ U ~ ~ ~ ~ ~ ~ . ~ ~ N \ ~ N U H ~ ~ N N • . ~ ~ a-1 ~ N ~..~ (~ a-1 a U ~ ~ U L~ ~ ~ rl (Yi Ul U N '~ ~i ~ ~ . 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License fees were last adjusted in 2000, except for three categories (Contractors, Cigarettes, and Motor Vehicle Sales) that were increased in 2004. The fees charged are to cover time staff spends in reviewing, processing, and performing record checks, etc. The fees are in line with surrounding communities. Staff have reviewed the fees for 2008, and recommend they remain the same as the fees charged for 2007. RECOMMENDED MOTION: Move to waive the reading ofResolution No.2007-134, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution #2007-134 being a Resolution adopting the 2008 Business License Fee Schedule as presented. COUNCIL ACTION: attachments: Resolution 2007-134 75 RESOLUTION N0. #2007-134 ADOPTING 2008 BUSINESS LICENSE FEE SCHEDULE WHEREAS: City Code of 2005, pertaining to commercial licensing regulations provides for the establishment of annual license fees; and WHEREAS: The City has participated in a survey of metropolitan municipalities regarding business license fees charged by other communities; and WHEREAS: The City is attempting to maintain business license fees which are comparable to other communities; and WHEREAS: The City annually reviews its business license fee schedule and has concluded that our fees are comparable to other communities in the metro area; WHEREAS: The following fees were proposed: 2008 BUSINESS LICENSE FEES Effective January 1, 2008 through December 31, 2008. CATEGORY FEES ARTICLE SECTION Arcades/Amusement Centers ($5,000 Bond/$100 Inv.Fee) (PD) $500 IV 11 Auto Recycling Dealer/Junk Yard $500 II 2 ($1000 Bond) PD,FD, ZA Beer Sales (PD, BI, FI) V 1 On Sale ($150 Inv. Fee 1st time app/.) $400 Off Sale ($150 Inv. Fee 1st time app/. $150 Temporary Beer (per day basis) $100 ($500 Appl. Fee; $150 Investigation Fee) Carnivals ($500 deposit & insurance) (PD) $50/day IV 8 Christmas Tree Sales (FI) (P&Z Comm) $50 II 6 ($200 Clean-up Deposit) Cigarettes/Tobacco Sales (S&H) $300 III 2 Contractors (Bond and Insurance) $60 IV 7 General (if not licensed by State) $60 Blacktop $60 Excavator $60 Masonry/Concrete $60 Moving $60 Demolition $60 Plaster/Stucco $60 76 Heating/Cooling Gas Piping Plumbing Sign Installation Courtesy Benches (Insurance)(Eng. Dept.) Games Of Skill (PD) Kennels, Commercial (PD) Plus, per cage Intoxicating Liquor Sales (PD, FI, BI) $60 $60 $60 $60 $25/each $15/Location Plus $15/machine $50 $10 III 3 IV 4 VI 9 FEES ARTICLE SECTION Class A (Inv. Fee $500-$2000) $8,000 Class B (Inv. Fee $500-$2000) $6,500 V 3 Class C (Inv. Fee $500-$2000) $6,500 V 3 Class D (Inv. Fee $500-$2000) $8,000 V 3 Class E (Inv. Fee $500-$2000) $5,500 V 3 On Sale Wine (Inv. Fee $500-$2000) $2,000 V 4 Sunday On-Sale Liquor $200 V 6 Temporary On Sale (Inv. Fee $500-$2000) $100/day V 10 "Club On Sale Liquor (Inv. Fee$500-$2000) Per membership V 2 up to 200 members $ 300 201 to 500 members $ 500 501 to 1,000 members $ 650 1,001 to 2,000 members $ 800 2,001 to 4,000 members $1,000 4,001 to 6,000 members $2,000 Over 6,000 members $3,000 Massage Therapist Business (PD,ZA) $500 VI 12 ($250 Investigation Fee) Massage Therapy, Individual (PD, ZA) $100 VI 12 ($250 Investigation Fee) Motor Vehicle Fuel Dispensing Stations (FI) II 9 First Metering Device $50 Each Add'1. Metering Device $10 L.P. Gas Per Metering Device $50 Motor Vehicle Rental/Leasing (ZA) VI 4 A. New Application $75 B. Renewal Application $50 Motor Vehicle Sales (New & Used) (PD) $300 II 7 77 Pawnbroker ($5,000 Bond/$100 Inv.Fee) (PD) $12,000 II 4 Pet Shop (PD)(Humane Officer) $50 VI 9 Pool/Billiard Hall ($100 Inv. Fee) (PD) $100 IV 2 CATEGORY FEES ARTICLE SECTION Popcorn, Candy, Food Catering Vehicles (PD) $50 VI 8 (Insurance -Public & Vehicle Liability) Precious Metal Dealers ($5,000 Bond)(PD) II 4 ($100 Investigation Fee) New Applicant $300 Renewal $200 Secondhand Merchant Business ($5,000 Bond) $100 II 4 (Investigation Fee $100) (PD, FI, BI) Exhibition/Convention/Shows/Expos($5,000 Bond) II 4 First Day $50 Each Additional Day $10 Sexually Oriented/Adult Business (PD,FI,ZA,AC) $10,000 VI 13 (Investigation Fee $500-$10,000) Peddlers/Solicitors & Transient Merchant (PD) II 3 A. Itinerant Hawker/Peddler $50/day; $1 00/mo.; $500/yr. B. Transient Merchant $50/day; $1 00/mo.; $500/yr. Tree Removal & Treatment (Ins.) (PWD) $60 VI 10 LATE PENALTY ON ALL ANNUALLY RENEWABLE FEES 1-15 DAYS LATE 25% PENALTY OVER ORIGINAL FEE 16-30 DAYS LATE 50% PENALTY OVER ORIGINAL FEE OVER 30 DAYS LATE LEGAL PROCEDURES BEGUN. DEPARTMENTS RESPONSIBLE FOR APPROVAL OF LICENSE PD - Police Department FI - Fire Department BI - Building Inspector PWD - Public Works Dept S&H - Safety and Health Inspector CF - City Forester ZA - Zoning Administrator AC - Anoka County All New Licenses Must Have Zoning Administrator's Approval. 78 NOW, THEREFORE BE IT RESOLVED that the proposed license fee schedule be adopted and effective January 1, 2008. Passed this day of , 2007. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz CMC City Clerk 79 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: August 13, 2007 AGENDA SECTION: Items for Consideration ORIGINATING DEPARTMENT: CITY MANAGER' S N0: Community Development APPROVAL ITEM: Approval of a Comprehensive Plan BY: Jeff Sargent, City Planner BY: Amendment, 1st Reading: Ordinance 1529 for DATE: August 8, 2007 the Rezoning of Property at 4800 Block of Central Avenue. BACKGROUND: At this time, the City of Columbia Heights is a Comprehensive Plan Amendment to reguide the subject property from Transit Oriented Development to Commercial and a Zoning Amendment to rezone the subject property from MXD, Mixed Use Development District, to GB, General Business. The parcels to be reguided and rezoned are those located at 4849 Central Avenue (Savers), 4811 Central Avenue (Buffalo Wild Wings), 4801 Central Avenue (Welle Auto Supply), 4757 Central Avenue (Subway), and 4755 Central Avenue (Marina Grill and Deli). In 2003, these parcels were guided for Commercial and were zoned General Business (GB). Because of the developing Grand Central Lofts, along with the possibility of a hotel being located in the area, the City Council changed the Comprehensive Plan guidance to Transit Oriented Development and rezoned the current Mixed Use Development District (MXD) classification. At this time, the city has no proposals for a hotel to be located in the area. Staff recommends that these parcels be rezoned back to the GB zoning classification. RECOMMENDATION: The Planning Commission held a public hearing on August 8, 2007, and recommended approval of the Comprehensive Plan Amendment and rezoning of the property with a 4-0 vote. RECOMMENDED MOTIONS: Move to waive the reading of Resolution 2007-133, there being ample copies available to the public. Move to adopt Resolution No. 2007-133, approving a Comprehensive Plan Amendment to reguide a specific area of land from "Transit Oriented Development" to "Commercial",for those properties located at 4849 Central Avenue, 4811 Central Avenue, 4801 Central Avenue, 4757 Central Avenue and 4755 Central Avenue. Move to waive the reading of Ordinance No.1529, being ample copies available to the public. Move to set the second reading of Ordinance No.1529for the rezoning of the properties located at 4849 Central Avenue, 4811 Central Avenue, 4801 Central Avenue, 4757 Central Avenue and 4755 Central Avenue from "Mixed Use Development District" to "General Business", for Monday, August 27, 2007 at approximately 7:00 p.m. in the City Council Chambers. Attachments: lira f t xes. ZUU7-133, lira f t Ura! 15Zy, ~'+L Deport, Application materials. COUNCIL ACTION 80 RESOLUTION 2007-133 CITY OF COLUMBIA HEIGHTS, MINNESOTA A RESOLUTION PERTAINING TO A COMPREHENSIVE PLAN AMENDMENT FOR THE PROPERTY LOCATED AT 4755, 4757, 4801, 4811 AND 4849 CENTRAL AVENUE, IN THE CITY OF COLUMBIA HEIGHTS. WHEREAS, the City of Columbia Heights has indicated the former K-Mart site as a specific area in the City to focus redevelopment efforts on in an attempt to beautify the City and encourage positive growth; and WHEREAS, the redevelopment in this area will not include parcels of land originally intended on being redeveloped; and WHEREAS, the City of Columbia Heights recognizes that the "Transit Oriented Development" land use designation of the subject property in the Comprehensive Plan allows the flexibility and mixture of neighborhood service-oriented development and varying densities of residential development not required on the subject parcels; and WHEREAS, the current development is consistent with the description of the Commercial District; and WHEREAS, the Comprehensive Plan Amendment supports other policies of the Metropolitan Council such as reinvestment/redevelopment, planning pedestrian and bicycle connections between workplaces, residences, retail and services, and supporting a healthy living environment; and WHEREAS, the City's approval of the Comprehensive Plan amendment for the subject property is contingent on Metropolitan Council review and the amendment will be sent to the Metropolitan Council accordingly; and BE IT FURTHER RESOLVED that the Planning and Zoning Commission conducted a public hearing to review the Comprehensive Plan Amendment and recommends approval of the proposed amendment changing the land use designation for the subject properties from Transit Oriented Development to Commercial. Passed this day of Offered by: Seconded by: Roll Call: Gary Peterson, Mayor Attest: Patricia Muscovitz, City Clerk 81 ORDINANCE 1529 CITY OF COLUMBIA HEIGHTS, MINNESOTA BEING AN ORDINANCE PERTAINING TO ZONING AND DEVELOPMENT ORDINANCE N0.1428, PERTAINING TO THE REZONING OF A CERTAIN PROPERTIES LOCATED AT 4755, 4757, 4801, 4811 AND 4849 CENTRAL AVENUE NE SECTION 1: WHEREAS, the City of Columbia Heights has indicated the K-Mart site as a specific area in the City to focus redevelopment efforts on in an attempt to beautify the City and encourage positive growth; and WHEREAS, the redevelopment in this area will not include parcels of land originally intended on being redeveloped; and WHEREAS, the City of Columbia Heights recognizes that the MXD, Mixed Use Development District zoning allows for flexibility in land use regulations for those businesses in the subject area that other businesses along Central Avenue do not have; and WHEREAS, rezoning the subject parcels from MXD, Mixed Use Development District to GB, General Business District provides a common ground for land use regulation for all businesses along Central Avenue; and WHEREAS, the rezoning is consistent with the City Comprehensive Plan, as amended by Resolution 2007- 133, and is in the public interest and not solely for the benefit of a single property owner; and WHEREAS, the zoning classification of the property for the current development is compatible with the proposed GB, General Business classification, and BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of the proposed rezoning from MXD, Mixed Use Development District to GB, General Business District. SECTION 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Gary Peterson, Mayor Patricia Muscovitz, City Clerk 82 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2007-0802 DATE: August 8, 2007 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION: 4800 Block of Central Avenue REQUEST: Comprehensive Plan Amendment, Zoning Amendment PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, the City of Columbia Heights is requesting two amendments with relation to the 4800 block of Central Avenue. They are as follows: 1. A Comprehensive Plan Amendment to reguide the subject property from Transit Oriented Development to Commercial. 2. A Zoning Amendment to rezone the subject property from MXD, Mixed Use Development District, to GB, General Business. The parcels to be reguided and rezoned are those located at 4849 Central Avenue (Savers), 4811 Central Avenue (Buffalo Wild Wings), 4801 Central Avenue (Welle Auto Supply), 4757 Central Avenue (Subway), and 4755 Central Avenue (Marina Grill and Deli). In 2003, these parcels were guided for Commercial and were zoned General Business (GB). Because of the developing Grand Central Lofts, along with the possibility of a hotel being located in the area, the City Council changed the Comprehensive Plan guidance to Transit Oriented Development and rezoned the current Mixed Use Development District (MXD) classification. At this time, the city has no proposals for a hotel to be located in the area. Staff recommends that these parcels be rezoned back to the GB zoning classification. COMPREHENSIVE PLAN The Comprehensive Plan currently guides the property Transit Oriented Development (TOD). This guidance allows for a mixture of neighborhood service-oriented development with varying densities of residential development. Being that there is no future plans to accommodate a residential component on any of the aforementioned properties, staff City of Columbia Heights Planning Commission August 8, 2007 City of Columbia Heights Case # 2007-0802 recommends reguiding these parcels to return them to their previous classification. For this reason, staff recommends a Comprehensive Plan Amendment to reguide the parcels located at 4989, 4811, 4801, 4757 and 4755 Central Avenue from "Transit Oriented Development" to "Commercial". ZONING ORDINANCE The subject properties are currently zoned MXD, Mixed Use Development District. Staff recommends rezoning thesubjectparcelsto GB asthiszoning classificationwould be most fitting for the types of uses conducted on these premises. The General Business classification is more consistent with the zoning standards that are enforced for the other commercial properties along Central Avenue, and staff would like these parcels to be consistent with the rest of the Central Avenue corridor in this respect. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following findings before approving a zoning amendment: 1. The amendment is consistent with the Comprehensive Plan. The proposed zoning amendment will rezone a portion the subject properties from MXD, Mixed Use Development District, to GB, General Business. City staff is concurrentlyrequesting aComprehensive Plan Amendment, which would make the proposed zoning amendment consistent with the new Comprehensive Plan designation of "Commercial". 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed zoning amendment would rezone the subject properties to their previous zoning classification. The rezoning of this land would ensure that these businesses would use the property in the same manner as the other commercial uses along Central A venue. 3. Where the amendment is to change the zoning classification of a particular property, theexisting use ofthe propertyand thezoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The existing uses of the properties in question are: a secondhand store, a restaurant, and an automobile supplystore. These are all permitted uses in the GB, General Business District. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in Page 2 84 City of Columbia Heights Planning Commission August 8, 2007 City of Columbia Heights Case # 2007-0802 the general area of the property in question, which has taken place since such property was placed in the current zoning classification. The possibility of the location of a hotel prompted the area to be rezoned from GB, General8usiness to MXD, Mixed Use Development District. Because there are no plans for a hotel to be located on the site, a rezoning back to General Business would be prudent. RECOMMENDATION Motion: That the Planning Commission recommend that the City Council approve the Comprehensive Plan Amendment to change the guidance of the land from "Transit Oriented Development" to "Commercial". Motion: That the Planning Commission recommend that the City Council approve the rezoning of the properties located at 4849 Central Avenue, 4811 Central Avenue, 4801 Central Avenue, 4757 Central Avenue and 4755 Central Avenue from MXD, Mixed Use Development Districtto GB, General Business, based on following conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The approval of the rezoning of the property is contingent on the Metropolitan Council's approval of the Comprehensive Plan Amendment. Attachments • Location Map • Zoning Map • Draft Comprehensive Plan Amendment Resolution • Draft Rezoning Ordinance Page 3 85 ~ ~ ]111 ~ ~ ~!::1'v :H~a!.:.1ry~!:.r : j' ~ r.~L-.~ti~~a ~ -i~.• ~ f CITY COUNCIL LETTER Meeting of: August 13, 2007 AGENDA SECTION: N0: ORIGINATING DEPT.: CITY MANAGER BLDG INSPECTION APPROVAL ITEM: SECOND READING OF ORDINANCE BY: SHELLEY HANSON BY: # 1528 ADOPTING MN STATE BLDG CODE N0: DATE: August 8, 2007 The 2007 MN State Building Code has been adopted and is effective as of July 10, 2007. In 2003 the city adopted Ordinance #1456 which formally adopted the 2003 Building Code and it was self perpetuating, which meant the City would not have to re-adopt the code each time it is updated. Included in that adoption were two optional provisions: Section 1306, dealing with special fire protection systems (fire sprinklers) and Appendix K to give the city some control over grading and excavating projects. Under the new 2007 MSBC 1306 Rule there are no longer optional provisions that was the case when adopted last. In addition, Appendix K will now change to Appendix J. For these reasons, we need to re-adopt the MN State Building Code, which will again be self perpetuating. Hopefully, we will not have to do this again in the next code cycle unless more amendments are made to the options included. Attached is Ordinance # 1528, amending the City Code adopting the Minnesota State Building Code. This ordinance will amend Ordinance # 1456 of the City Code and provides for the application, administration and enforcement of the MN State Building Code by regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all buildings and/or structures in this municipality; Provides for the issuance of permits and collection of fees thereof; provides penalties for violation thereof; repeals all ordinances and parts of ordinances that conflict therewith. This ordinance shall perpetually include the most current edition of the MN State Building Code with the exception of the optional appendix chapters. Optional appendix chapters shall not apply unless specifically adopted. MOTION: Move to waive the reading of Ordinance # 1528, there being ample copies available to the pu ic. MOTION: Move to adopt Ordinance #1528, being an Ordinance amending Ordinance #1456, City Code 2005, relating to adopting the MN State Building Code. COUNCIL ACTION: 89 ORDINANCE N0. #1528 BEING AN ORDINANCE AMENDING ORDINANCE #1456, CITY CODE OF 2005, RELATING TO ADOPTING THE MN STATE BUILDING CODE The City of Columbia Heights does ordain: Article II: Construction Codes, Section 6.201 of the Columbia Heights City Code, is hereby amended to read as follows: (A) Codes adopted by reference. The Minnesota State Building Code, as adopted by the Commissioner of Labor and Industry pursuant to Minnesota Statutes Chapter 16B.59 to 16 B.75, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Labor & Industry, through the Building Codes and Standards Unit is hereby adopted by reference with the exception of the optional chapters, unless specifically adopted in this Ordinance. The Minnesota State Building Code is hereby incorporated in this ordinance as if fully set out herein. (B) Application, Administration, and Enforcement. (1) The application, administration, and enforcement of the code shall be in accordance with Minnesota State Building Code. The code shall be enforced within the extraterritorial limits permitted by Minnesota Statutes,16B.62, subdivision 1, as it maybe amended from time to time, when so established by this ordinance. (2) The code enforcement agency of the City of Columbia Heights is called the Protective Inspections Department. (3) This code shall be enforced by the Minnesota Certified Building Official designated by the City of Columbia Heights to administer the code (Minnesota Statute 16B.65, Subdivision 1, as it may be amended from time to time). (C) Permits and Fees. (1) The issuance of permits and the collection of fees shall be as authorized in Minnesota Statutes, 16B.62, subdivision 1, as it may be amended from time to time. (2) Permit fees shall be assessed for work governed by this code in accordance with the fee schedule adopted by the City by Ordinance. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minnesota Statute 16B.70, as it maybe amended from time to time. (D) Violations and Penalties. A violation of the code is a misdemeanor (Minnesota Statutes 16B.69, as it maybe amended from time to time). (E) Building Code Optional Chapters. (1) The Minnesota State Building Code, established pursuant to Minnesota Statutes 16B.59 to 16B.75 allows the Municipality to adopt by reference and enforce certain optional chapters of the most current edition of the Minnesota State Building Code. (2) The following optional provisions identified in the most current edition of the State Building Code are hereby adopted and incorporated as part of the building code for this municipality. (a) Chapter 1306 (b) Appendix J 90 (F) Effective date of Ordinance. This Ordinance shall be in full force and effect September 12, 2007, a ter Its passage. First reading: July 23, 2007 Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz CMC City Clerk 91 CITY COUNCIL LETTER Meeting of August 13, 2007 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER N0: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatement DATE: August 6, 2007 DATE: N0: 2007-13 5 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Reina Bojorquez regarding property at 4929 5th Street N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-13 5, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-135, a resolution of the City Council of the City of Columbia Heights declaring the property at 4929 5th Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: 92 RESOLUTION 2007-13 5 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 Reina Bojorquez (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4929 5th 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 July 19, 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 May 29, 2007 an inspection was conducted on the property listed above. Inspectors found four violations. A compliance order was sent via regular mail to the owner at the address. 2. That on July 19, 2007 inspectors reinspected the property listed above. Inspectors noted that four violations remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3. That on August 3, 2007 inspectors reinspected the property and found that four violations remalne uncorrecte . 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: A. Shall remove all areas of scrub growth -along the north side of the property, along the fence B. Shall cut down/remove the tall grass along the alley C. Shall repair or remove the fence on the northeast side of the property that has bare, rotted wood D. Shall remove alllany outside storage from the property 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 4929 5th 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. 93 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 4929 5th 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. Passed this day of 2007 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 94 CITY COUNCIL LETTER Meeting of August 13, 2007 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER N0: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatement DATE: August 6, 2007 DATE: N0: 2007-13 6 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Salah Farghaly regarding property at 4625 Tyler Street N.E. and 4633 Tyler Street N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-136, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-136, a resolution of the City Council of the City of Columbia Heights declaring the property at 4625 Tyler Street N.E. and at 4633 Tyler Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: 95 RESOLUTION 2007-136 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 4625-4633 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 July 25, 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 July 3, 2007 the Fire Chief was notified that the buildings located at 4625 and 4633 Tyler Street had been broken into and was unsecured. Due to the City of Columbia Heights having no contact information for a responsible person for the property to order the openings into the building be secured, the Fire Chief ordered the immediate abatement of the open windows on the buildings. That on July 3, 2007 the Fire Department hired a contractor to board up all/any open and broken windows on the structures. 2. That on July 30, 2007 notices were sent to the owner via regular and certified mail at the address listed on file. 3. 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: A. Secured the units on building to prevent unauthorized access. 4. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4625 and 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 may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 96 1. The property located at 4625 and 4633 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. Passed this day of 2007 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 97 CITY COUNCIL LETTER Meeting of August 13, 2007 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER N0: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatement DATE: August 6, 2007 DATE: N0: 2007-13 7 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Francisco Lopez regarding property at 1348-1350 441/2 Avenue N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-137, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-137, a resolution of the City Council of the City of Columbia Heights declaring the property at 1348- 1350 44 %2 Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: 98 RESOLUTION 2007-137 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 Francisco Lopez (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1348-1350 44 %2 Avenue 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 July 16, 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 June 12, 2007 an inspection was conducted on the property listed above. Inspectors found four violations. A compliance order was sent via regular mail to the owner at the address. 2. That on July 16, 2007 inspectors reinspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3. That on August 2, 2007 inspectors reinspected the property and found that one violation remalne uncorrecte . 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: A. Shall remove the dead tree(s) (tree stumps) from the east side of the property 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 1348-1350 441/2 Avenue 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. 99 ORDER OF COUNCIL 1. The property located at 1348-1350 441/2 Avenue 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. Passed this day of 2007 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 100 CITY COUNCIL LETTER Meeting of August 13, 2007 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER N0: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatement DATE: August 6, 2007 DATE: N0: 2007-13 8 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Rose Balego regarding property at 1016 44th Avenue N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-13 8, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-13 8, a resolution of the City Council of the City of Columbia Heights declaring the property at 1016 44th Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: 101 RESOLUTION 2007-13 8 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 Rose Balego (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1016 44th Avenue 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 July 16, 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 June 4, 2007 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on July 16, 2007 inspectors reinspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3. That on August 2, 2007 inspectors reinspected the property and found that one violation remalne uncorrecte . 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: A. Shall remove the tree stump from the southwest corner of the yard 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 1016 44th Avenue 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. 102 ORDER OF COUNCIL 1. The property located at 1 O l 6 44th Avenue 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. Passed this day of 2007 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 103 CITY COUNCIL LETTER Meeting of August 13, 2007 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER N0: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatement DATE: August 6, 2007 DATE: N0: 2007-13 9 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Lynus Grady regarding property at 3709 Main Street N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-139, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-139, a resolution of the City Council of the City of Columbia Heights declaring the property at 3709 Main Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: 104 RESOLUTION 2007-139 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 Lynus Grady (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3709 Main 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 July 19, 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 June 13, 2007 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 July 19, 2007 inspectors reinspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3. That on August 3, 2007 inspectors reinspected the property and found that one violation remalne uncorrecte . 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: A. Shall repair or replace the rotting service door on the garage 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 3709 Main 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. 105 ORDER OF COUNCIL 1. The property located at 3709 Main 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. Passed this day of 2007 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 106 CITY COUNCIL LETTER Meeting of August 13, 2007 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER N0: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatement DATE: August 6, 2007 DATE: N0: 2007-140 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Ben Kuchta regarding property at 3906 Tyler Street N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-140, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-140, a resolution of the City Council of the City of Columbia Heights declaring the property at 3906 Tyler Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: 107 RESOLUTION 2007-140 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 Ben Kuchta (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3906 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 certified mail to the owner of record on July 1 1, 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 June 5, 2007 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on July 1 1, 2007 inspectors reinspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3. That on August 1, 2007 inspectors reinspected the property and found that two violations remalne uncorrecte . 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: A. Shall install address numbers in the following location(s) - IN THE REAR B. Shall remove all/any vehicles from landscaped areas of the property 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 3906 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. 108 ORDER OF COUNCIL 1. The property located at 3906 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. Passed this day of 2007 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 109 CITY COUNCIL LETTER Meeting of August 13, 2007 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER N0: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatement DATE: August 6, 2007 DATE: N0: 2007-141 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Kurt Kunze regarding property at 572 38th Avenue N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-141, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-141, a resolution of the City Council of the City of Columbia Heights declaring the property at 572 3 8th Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: 110 RESOLUTION 2007-141 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 Kurt Kunze (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 572 38th Avenue 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 July 17, 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 June 12, 2007 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 July 1 1, 2007 inspectors reinspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3. That on August 1, 2007 inspectors reinspected the property and found that one violation remalne uncorrecte . 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: A. Shall install address numbers in the following location(s) - IN THE REAR 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 572 3 8th Avenue 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. 111 ORDER OF COUNCIL 1. The property located at 572 38th Avenue 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. Passed this day of 2007 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 112 CITY COUNCIL LETTER Meeting of August 13, 2007 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER N0: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatement DATE: August 6, 2007 DATE: N0: 2007-142 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against William Legg regarding property at 4066 Reservoir Boulevard N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-142, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-142, a resolution of the City Council of the City of Columbia Heights declaring the property at 4066 Reservoir Blvd. N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: 113 RESOLUTION 2007-142 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 William Legg (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4066 Reservoir 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 certified mail to the owner of record on July 16, 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 June 12, 2007 an inspection was conducted on the property listed above. Inspectors found five violations. A compliance order was sent via regular mail to the owner at the address. 2. That on July 16, 2007 inspectors reinspected the property listed above. Inspectors noted that five violations remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3. That on August 1, 2007 inspectors reinspected the property and found that five violations remalne uncorrecte . 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: A. Shall remove the brush piles from the yard, several throughout the yard B. Shall repair/replace the deteriorating retaining walls along both driveways C. Shall clean the gutters in the rear of the property that are overflowing with debris D. Shall secure the shed in the rear of the property that is unsecured E. Shall remove all/any outside storage from the property 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 4066 Reservoir 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. 114 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 4066 Reservoir 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. Passed this day of 2007 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 115 CITY COUNCIL LETTER Meeting of August 13, 2007 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER N0: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatement DATE: August 6, 2007 DATE: N0: 2007-143 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Kevin Hlivka regarding property at 961 Gould Avenue N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-143, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-143, a resolution of the City Council of the City of Columbia Heights declaring the property at 961 Gould Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: 116 RESOLUTION 2007-143 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 Kevin Hlivka (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 961 Gould Avenue 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 July 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 June 28, 2007 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 July 12, 2007 inspectors reinspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3. That on August 2, 2007 inspectors reinspected the property and found that one violation remalne uncorrecte . 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: A. Shall remove all/any outside storage from the property 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 961 Gould Avenue 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. 117 ORDER OF COUNCIL 1. The property located at 961 Gould Avenue 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. Passed this day of 2007 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 118 CITY COUNCIL LETTER Meeting of August 13, 2007 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER N0: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: August 6, 2007 DATE: N0: 2007-144 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Vivek Kamran regarding rental property at 2215 45th Avenue N.E. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No.2007-144, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-144, 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 Vivek Kamran regarding rental property at 2215 45th Avenue N.E. COUNCIL ACTION: 119 RESOLUTION 2007-144 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section SA.408(A) of that certain residential rental license held by Vivek Kamran (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 2215 45th Avenue N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on July 12, 2007 of an public hearing to be held on August 13, 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 May 31, 2007, inspectors for the City of Columbia Heights, inspected the property described above and noted eight 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 June 12, 2007, 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 August 2, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted five 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: a. Shall repair or replace the smoke detector on the main floor hallway b. Shall repair or replace all the windows on the building. Many stick or are painted shut. Check all windows for operability c. Shall replace the painted smoke detector in the basement d. Shall repair the painted over drain cover in the laundry room. Cover must allow water to drain e. Shall repair the missing door knob on the basement door 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 5A, Article III 5A.306 and 5A.303(A). 120 ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8347 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. Passed this day of 2007 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 121 CITY COUNCIL LETTER Meeting of August 13, 2007 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER N0: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: August 6, 2007 DATE: N0: 2007-145 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Beatriz Martinez-Escobar regarding rental property at 4919-4921 Jackson Street N.E. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No.2007-145, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-145, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Beatriz Martinez- Escobar regarding rental property at 4919-4921 Jackson Street N.E. COUNCIL ACTION: 122 RESOLUTION 2007-145 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section SA.408(A) of that certain residential rental license held by Beatriz Martinez-Escobar (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4919-4921 Jackson Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on July 25, 2007 of an public hearing to be held on August 13, 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 May 29, 2007, inspectors for the City of Columbia Heights, inspected the property described above and noted two 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 July 10, 2007, inspectors for the City of Columbia Heights, reinspected the property and noted one violation remained uncorrected and one new violation was noted. 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 August 3, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted two 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: a. Shall repair the fire damaged stucco on the house. Shall repair the fire damaged soffit and fascia b. Shall remove all/any outside storage from the property. 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 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 F8105 is hereby revoked. 123 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2007 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 124 CONSENT AGENDA ITEM TO BE ADDED: Approval of Buetow and Associates, Inc. for Public Safety Building Pre-design Services PUBLIC HEARINGS TO BE REMOVED FROM THE AGENDA FOR THE AUGUST 13, 2007 MEETING. REMOVE ITEM F -Move to adopt Resolution No. 2007-138, a resolution of the City Council of the City of Columbia Heights declaring the property at 1016 44t" Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. REMOVE ITEM L -Move to adopt Resolution No. 2007-144, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Vivek Kamran regarding rental property at 2215 45t" Avenue N.E. CITY COUNCIL LETTER Meeting of: August 13, 2007 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL __ ITEM: Approval of Buetow and Associates, Inc. BY: Robert Streetar BY: ,. v ,t,~;~ cafet~~ Buiidintr Pre-dPC1S~T1 Z -- ~- -- DATE: July 30, 2007 .avia1. ~ ivi ~ a a i ! Services The purpose of this letter is to request the City Council approve Buetow and Associates, Inc. as the firm to provide predesign services for the potential new public safety building. Background: In May, the City Council directed staff to assemble cost estimates related to the construction of a public building that would include the police and fire service and a public library as part of a redevelopment project in the Heritage Heights neighborhood. At the June 4 meeting, staff presented three development concepts. These concepts ranged from just a police station, to a police and fire station, to a police and fire station and library in one building. The Council directed staff to focus on just a public safety building that would include Police and Fire services. On June 20, City Council members and staff took a tour of public safety buildings in New Brighton, St. Anthony, Anoka and Coon Rapids. On July 23; the City Council assembled a working group to solicit, and review proposals for pre-design services and choose an architect to perform the pre-design work. This working group consisted of Mayor Gaiy Peterson, Council Member Tami Diehm, City Manager Walt Fehst, Police Chief Tom Johnson, Fire Chief Gary Gorman, and Community Development Director Robert Streetar. Request for proposals were sent to Ankeny Kell Architects, BKV Group, Bonestroo, Buetow and Associates, Inc. KKE Architects, Inc., LHB, Inc., Short Elliot Hendrickson, Inc. and Kodet Architectural Group, Ltd. All but LHB, Inc. responded to the request. The table below identifies firms that submitted proposals. # Proposer Fee 1 Ankeny Kell Architects $10,500 2 BKV $13,500 3 Bonestroo $11,600 4 Buetow and Associates, Inc. $9,950 S KKE Architects, inc. $12 500 6 Kodet Architectural Group, Ltd. $20,000 - $30,000 7 Short Elliot Hendrickson $12,500 On July 26, the working group reviewed the proposals and after checking references selected Buetow and Associates, Inc. Buetow comes with many years of experience in the design and construction of public safety buildings. The firm has completed over 140 public facility planning studies and building design projects over the last 10 years. Specifically, they have acted as the architect for the construction or renovation of public safety facilities for the Centenial Lakes Police Department, City ofBemidji/Beltrami Cotulty, City of Anoka, City of Oakdale, and cities of Champlin and South St. Paul, just to name a few examples. Buetow's references were very positive. The predesign process will begin immediately and conclude near the November 1. I2ecornendation: Staff recommends the City Council approve Buetow and Associates, Inc. to provide pre- design services. ecoended Motion: Move to Approve Buetow and Associates, Inc. to provide the City of Columbia Heights Public Safety Building Pre-design Services. COCiNCIL ACTION: