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HomeMy WebLinkAboutJuly 23, 2007OFFICIAL 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, Juty 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 Diehrn, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -Recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed Resolutions No. 116, 118, 123, 124, 125, 128, 129 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 Acknowledge Military Duty - 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 Worlcs Department, will soon leave for Iraq. Jesse is a Major in xh~ T Tom, Army_ Tla~~ieC dPScrihPd his 18 years of service, Peterson expressed his gratitude for .Iessie 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 Councilme~mbers through the Consent Agenda items: Nawrocki asked that items A, C and E be removed. A. Approve City Council meeting lminutes for the July 9 2407 regular 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 li hg ting~public improvement meeting. Motion to approve the minutes of the July 16, 2007 City Council alley lighting public improvement iiieeting uci presented. C. Authorization to seek bids for 2007 Sanitary Sewer Pipe Lining Project -Removed D. Accept bids on three (3) generators 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 - Removed F. Approval of the attached list of rental housing 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 regular 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 51.21, 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 Lining 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 SOtn to 51st Avenue and 51st Avenue from Madison east to Jackson and the area frarn 3r`~ Street from 37th to 38t" Avenue. There would be significant work by the Met Council at 49t" and Slyt Avenue at Washington. 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 o (rn tl~arcY cva~ back'w dalmarta in that area that ~z/as not rn[IPYPr~ by nl~;r ~,rp~tiranc~P Naturnriti ranttPCtP~ use «..,~., v. p 5~ ~ .i.......__~ 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 far 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 theirs. Per State Statute 13D.01 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 fine 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. T~1;o~,,, et~ted that th.s has Veen d.scussed :':"tarry times, litwtt regt;actad the ("ity Attnrney'c regp~nce, .Jim av uii .~~u. 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 ofview. Upan 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 Ynany 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. Petar~nn gtated ~t ~~ not al ;z~aµyg l~,eP~t tg h;YP flip ~hParna~t rn~npany, 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 interfiand 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. . ., ,r ., . ~ ~. , -~ ~ ~_~_a..,__ _~~_. ,_ Tawrocki questioned the riuset Park lieveloprnent L,orporation name. ~cnutriacriei S~aicu «PC uCVeiuper 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 $7,95,400, 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 City Council Minutes .July 4, 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. B'wb'wl Stated that ;z~hen the enntrart ~a~ac nrigilnally enterer into the arrZni~nt of TIF nePtierl wag egtitnated. 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 Dielun, 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, 'T'he City of Columbia Heights and Huset Park Development Corporaiion; 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. Diehtn 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 ward. 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. RESI}I.IJ'rION NQ. 2007-121 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"j as follows: Section 1. Recitals. I.O1. 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 ternis and conditions of redevelopment of certain property within the Redevelopment Project, generally located east of University Avenue and south and west of Huset Park . I.03. The parties have determined a need to modify the Contract in certain respects, and'nave 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 finds that the execution thereof and perfornlance of the City's obligations thereunder are in the best interest of the City and its residents. Section 2. Cit~Approval; 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 Dielum, 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 Diehtm, 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 far the same. Nawracki referring to Bubul's July 18 letter indicating the tmaxitmutn 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 subtmitted all of their costs, which have been reviewed by the City's financial consultants. 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 nom.-raP~ 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 NO. 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 CO5TS 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 fmancing 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 fuiancing or refinancing patblic 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 A ent A rec111erit , bei°wceii rile Authvrtt°" and a a tii a eut iv b% dest Hated b tl'~e Authortt" the "Pa to A TMt"l The g g "} y p y g g g Y s i Y g gel i• 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, City Council Minutes July 9, 2007 Page & 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 ~~roximately $1 000 000 General Obligation hmprovement 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 projects 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 thetas, 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 Iimprovement and Street Rehabilitation Bonds, Series 2007A. Upon vote: All ayes. Motion carried. ORDINANCE NO. 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 financial management of the affairs of the City to issue its General Obligation Street Rehabilitation Bonds, Series 2007A (the "Bonds") in a principal amoiuit 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. 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 requesting 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. Navvroclci 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 „se an initiative vote. Fehst stated that by the borrowing of this a~noney; 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 iri our analysis of the cost to do business. Motion by Dielnn, 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 adapt 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 Councilmeanber's pension. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. ocion carried. >~sotJuTroly pro. 2aa7-132 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 Cotmcil 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: A11 ayes. Motion carried. 6. Second Reading: Ordinance 1526 being an ordinance adopting_t11e permit fee schedule for temporary suns. Motion by Diehm, second by Kelzenberg, to waive the reading of Ordinance No. 1526, being ample copies available to the public. Upon vote: A11 ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Ordinance No. 1 ~2b, 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 tithes a year for 30 days at a time. 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~ acilit~update 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 set up this committee. Motion by Kelzenberg, second by Williams, to appoint Councihmember 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 decorutm, which a majority of the Council adopted, and indicated concerts with Cout~ciltmember 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. Diehtm 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 flee of harassment. Whether they are hired or contracted, we should use a high level of respect. We are the leaders and should lead by exatmple. 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 may be advised of the meeting, but his attendance would be a vialation 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.tm. Upon vote: All ayes. Motion carried. City Council Minutes July 9, 2007 Page 12 of 20 7. PUBLIC HEARINGS A. Adopt Resolution No. 2007-123 being a resolution for rental housina? 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 [I, 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 6`h Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article 11, 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 un 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 Apnl 20, 1[`Jhl / IntipeGloT'S ICInJpeLtelt the p[llperry 1r~tl:U ai7UVe. t~1S(.7GLtt7rS rtute~ ulul uric vlOlatit`ii7 ~cuiaLicu wn.GrCCCiCu. 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 unconrected. 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?06(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4916 6`~ Street N.E. is in violation of the provisions of the Colun7bia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL I . The properly located at 4916 6`h 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 1131 37th. Avenue N.E - Removed City Council Minutes July 9, 2007 Page 13 of 20 D. Adopt Resolution No. 2007-117 being a Resolution for abatement of violations at 201 40th Avenue N.E. Gorman stated there were originally three violations, with the garage door repair remaining. There has 1leP.r1 nn r:nnta~t suith ncuner, 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: A11 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 201 40th 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 201 40'h 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 snakes the following: FINDINGS OF FACT 1. That on Aprii 26, 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. • ,. ~. That ail parties, mciuuing me owner of recora anu any occupants or ienanis, liiavc ueen givcii tiic appiropriatc i7Utice U suss scaring according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNC[L 1. That the property located at 201 40`'' Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in Che 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 201 40`~ 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 Fe 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. City Council Minutes July 9, 2007 Page 14 of 20 Motion by Dielun, Williams, to close the public hearing and to waive the reading of Resolution No. 24Q7_1 19 thPrP heina al•nnle ~nniP3 available to the ni~bli~. T Jnttn vntP_ All aver Motion carried. ~-~-- - ~ a -~ r r r r ~- 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 3828 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 Colmnbia 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: FiNDINOS OF FACT 1. That on October 3, 20116 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 Depamment 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?06(B). CvNCiiiSlOivS yr COliiyCI% 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 Wray 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 steal{ 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 nat. Motion by Kelzenberg, second by Diehlrt, 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. City Council Minutes July 9, 2007 Page I S 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 rn~icarZ~a and atnr»,rn~~ina the abatement of violations from the prnper-ty p>.irst~ant 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 lI, 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 l . 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 Co 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 sewed 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 housin>; license revocation at 4525 Chatham Road N.E. -Removed Nawrocki asked for clarification. Gorman stated the property was rented but not licensed. They dial 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 stilt need to file the application and schedule an inspection. Mayor Peterson asked if there was anyone present to represent the property. There was not. atian by ~Uillialns 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 City Council Minutes July 9, 2007 Page 16 of 20 carried. Nintinn Williams; ce~nnd by Kelzenberg, to adopt RPecthttictrt No_ 2007-126; ResOliltt_Ctin 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 SA, Article IV, Section SA.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 SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on 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: F[NDINGS OF FACT 1. That on May 15, 2007, inspection office staff sent a letter requesting the owner of the propec-ry 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 SA.306 and 5A.303(A). ORDER OF COUNCIL l . 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 tirst day ofposting of this Order revoking the license as held by License Holder. K. Adopt Resolution No. 2007-I27 bein>; a resolution for rental housing license revocation at 4226 4th Street N.E. vviiuar> Stated tiicrc iS vnc Viviatlvii tv Svd Or seed file back yard remulnii~g. The o~vr~er v~'as g1Ven 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 5A, 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 I V, Section SA.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 lacated at 4226 4`h Street N.E., Columbia Heights, Minnesota, City Council Minutes July 9, 2007 Page 17 of 20 Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B}, written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 26, 2007 of an public hearing to he held on July 23, ~nm 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 Colwnbia 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 1 1, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted one violation remained uncoreeted. 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 SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license nwnber 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 41st Avenue N.E. -Removed N. Adopt Resolution No. 2007-130 being a resolution for rental housing license revocation at 3953 Jackson Street N.E. Uon~nan 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 earried. RESOL€ITI®N z®a7-;<3a Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by 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 SA, Article IV, Section SA.408(B}, written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 7, 2007 of an public hearing to be held on July 23, 2007. 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 C'rty Council of the City of Columbia Heights makes the following: FIND1T.rOS nF FAr'T 1. That on March Z7, 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 fisted on the rental housing license application. 4. That on July l3, 2007, inspectors for the City of Columbia Heights, performed a tinal 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 Cade 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 root. 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 SA, Article Ill 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 hccnse 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. O. Adopt Resolution No. 2007-131 being a resolution for rental housing license revocation at 4533 Madison Street N.E. -removed Miscellaneous 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 atte>npt to attend all neighborhood activities. Diel~un 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. GOrlnan 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 a vast improvement, even though it is only a temporary fix. 44tH and Central has limited access due t0 road work. North bound lanes are far 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. City Council Minutes July 9, ?007 Page 19 of 20 Nawrocki again questioned the berm and drainage at 1040 49`h Avenue, indicating it does not go down to the level of the backyard and could. plug, Fehst stated that the drain is adeQ,uaYe_ 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 performance 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. Councilmernber 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. Felzst praised t1~e new Superirztetadent. Nawrocki Received an email from Liz Yello~vvitz, regarding open fires/recreational fires. Requested staff prepare comments for her. Fehst stated residents should ca11911 with these concerns and if someone is not, following re,;ulations they will be informed and it woi.~ld 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. Aamazed how well trained and efficient they are. Qur 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. City Council ~blinutes July 9, ?007 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 adjourned the meeting at 9:52 p.m. Patricia Muscovitz CMC City Clerk