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HomeMy WebLinkAboutDecember 10, 2007OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING DECEMBER 10, 2007 The following are the minutes far the regular meeting of the City Council held at 7:00 p.m. on Monday, December 10, 2007 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, nmr 1..~ .. CALL TO ORDER/ROLL CALL/INVOCATION Pastoral Minister Lorraine Mell, Immaculate Conception Church gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, and Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson added the first reading of Ordinance 1534, to rezone 4438, 4442 and 4446 Central Avenue under item 6A3. He pointed out that a corrected copy of the budget was distributed. Peterson removed Resolutions No. 2007-251, 252, and 228 as the properties have been brought into compliance. Nawrocki expressed his unhappiness that the City Council meeting agenda was not on cable T.V. on Friday. He stated his belief that it did not get posted until Sunday. Nawrocki requested to add an update of the community center, police coverage discussion with the County Sherriff, pedestrian bridge meeting, the discussion with the schools regarding adding a gymnasium, sale of what was the Burger King property to a hardware store, and possible sale of property at 37th and Central. The Mayor added these items under the City Manager's report. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS AND GUESTS A. Introduction Scott Clark, Community Development Director Walt Fehst, City Manager, introduced Scott Clark stating that he spent 26 years working in Community Development in Brooklyn Park, then in Arden Hills and most recently in Elk River. We are proud and happy to have him here. Scott Clark thanked Council for the opportunity to be the Community Development Director. He indicated that the housing issues facing Columbia Heights are his greatest interest. His very first job was in Columbia Heights as an intern. Scott referred to the work done here prior to his beginning today and the accomplishments of that period. He stated his desire to continue current programs. Diehm indicated her excitement about the development in recent years and the desire to continue that, moving forward. CONSENT AGENDA Fehst took Councilmembers through the consent agenda. Nawrocki requested to remove item. F - Murzyn Hall and item O -bill list. A. Approve minutes of the Columbia Hei htg s City Council meetings Motion to approve the minutes of the Columbia Heights City Council meeting of November 26, 2007. Motion to approve the minutes of the Truth in Taxation meeting of December 3, 2007. City Council Minutes Monday, December 10, 2007 Page 2 of 13 B. Accept meeting minutes of Columbia Heigihts Boards and Commissions Motion: Accept the minutes of the October 23, 2007 EDA meeting. Motion: Accept the minutes of the October 24, 2007 Park & Recreation Commission meeting. Motion: Accept the minutes of the December 4, 2007 Planning & Zoning Commission meeting. Motion: Accept the minutes of the November 28, 2007 Park & Recreation Commission meeting. C. Establish a City Council Work Session for January 7, 2008 Fehst indicated there would be discussion of 2008 Council calendar and liquor store change orders. Motion to schedule a City Council Work Session far Monday, 3anuary 7, 2008 beginning at 7:00 p.m. in Conference Room 1. D. Approve the transfer of funds from the General Fund to the Police Department Bud e~ l tO reimburse the Overtime Fund. Motion to transfer $2,225.96 received from Unique Thrift Stores and $1,046.75 received from School District #13, a total of $3,272.71 from the General Fund to the Police Department 2007 Budget under line #1020, Police Overtime. E. Approve the application for a bingo permit from Southern Anoka Community Assistance (SAGA) for Murzyn Hall on March 3, 2008. Motion to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to bingo activities to be conducted by Southern Anoka Community Assistance (SAGA) at Murzyn Hall, 530 Mill Street, Columbia Heights, Minnesota, on March 3, 2008. Also, that the investigation fee of $25 be waived; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. F. Establish John P. Murzyn Hall rental rates for 2009. -Removed G. Adopt Resolution No. 2007-248, being a Resolution establishing senior citizens or retired and disabled person hardship special assessment deferral. Kevin Hansen, Public Works Director, indicated this is for seniors that meet income requirements, to provide a 50 percent defennerit of the total assessment for the terrri of the assessment. Motion to waive the reading of Resolution No. 2007-248, there being ample copies available to the public. Motion to adopt Resolution No. 2007-248, being a resolution establishing a new maximum income of $27,300 for Senior or Retired and Disabled Persons to be eligible for special assessment deferral. RESOLUTION NO. 2007-248 BEING A RESOLUTION ESTABLISHING SENIOR CITIZENS OR RETIRED AND DISABLED PERSONS Hr1RDSHIP SPECIAL ASSESSMENT DEFERRAL WHEREAS, immediate payment of special assessments or installments on special assessments cast an undue hardship on some persons owning homestead properties who are 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments, and City Council Minutes Monday, December 10, 2007 Page 3 of 13 Whereas, Minnesota Statutes 435.193 - 435.195 makes it possible for a home rule charter city to pass a resolution establishing standards and guidelines for determining the existence of a hardship and for determining the existence of a disability. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS: 1. This deferral procedure shall apply only to assessments which are payable in five or more annual installments. 2. This deferral procedure shall apply only to property owned and occupied by the elderly, retired, or disabled applicant. Ownership and occupancy must be the same nature as would qualify the applicant for a homestead exemption for tax purposes. 3. This deferral procedure shall apply only to homestead property owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments. Permanent and total disability shall have the same definition for purposes of assessment deferral as is used for social security purposes. 4. This deferral procedure shall not be construed as to prohibit the determination of hardship on the basis of exceptional and unusual circumstances not covered by the standards and guidelines herein so long as determination is made in a nondiscriminatory manner and does not give the applicant an unreasonable preference or advantage over other applicants. 5. In order to obtain a deferral of an assessment, the homeowner must make application on the forms prescribed by the City Clerk. 6. In granting a deferred assessment, the Council shall determine in its resolution approving the assessment roll the amount of interest, if any, to be charged on the deferred assessment. 7. The option of the homeowner to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due and payable upon the occurrence of any of the following events: a. the death of the owner, provided that the spouse is not otherwise eligible for benefits hereunder; b. the sale, transfer or subdivision of the property or any part thereof; c. if the property should for any reason lose its homestead status; or d. if for any reason the City shall determine that there would be no hardship to require immediate or partial payment. 8. No deferral may be granted unless the homeowner makes application to the City Clerk within thirty (30) days after adoption of the assessment by the Council. 9. The deferral shall apply to only 50% of the annual installment payment. If the 50% is not paid in a timely manner, the balance of the annual installment along with all future installments shall become immediately due and payable. 10. No deferral shall be granted to any owner who has a gross annual household income from all sources in excess of $27,300. 11. No deferral may be continued from year to year unless the owner shall file a renewal application before September 15`t' of each year. 12. No special assessment may be deferred for a period longer than the time set by the Council as the time over which the project is to be assessed. 13. Interest on deferred assessments shall be at the rate set by the Council in its resolution adopting the assessment roll, and such interest shall be added to the amount deferred and shall be paid in accordance with Minnesota Statute 435.195 and this Resolution. H. Approve final payment for the Zone 7B and 1A Street Rehabilitation Protects Motion to accept the Engineer's Report of Final Acceptance for the 2006 Street Rehabilitation Projects in Zone 7B and 1A, City Project No. 0502; and authorize final payment of $20,151.49 to Midwest Asphalt Corporation of Hopkins, Minnesota. I. Approve Change Order No. 1 for Miscellaneous Concrete Project #0700 Fehst stated the base amount was the same, but the amount of work required was greater than anticipated. Hansen stated that at the tune of the agreement we do not know the amount of work that will be required in the fall for items such as water main repairs, sidewalk repairs, etc. This increase is not unusual. Nawrocki stated that the bidders should know in the beginning what the extent of the contract could be. Hansen stated the bidders tend to be repetitive. City Council Minutes Monday, December 10, 2007 Page 4 of 13 Motion to approve Contract Change Order No. 1 for additional work added to the contract by the City to Ron Kassa Construction, Inc. in the amount of $26,628.30 for a revised contract of $38,961.88 with funding out of the appropriate funds. J. Authorize final payment for Central Avenue Storm Sewer Improvements Project #0405 Motion to accept the work for 2006 Storm Sewer Improvement, City Project #0405 and authorize final payment of $24,016.35 to New Look Contracting, Inc. of Elk River, Minnesota K. Approve Designation of the Official Newspaper for 2008. Nawrocki questioned why the Northeaster was not solicited for a bid. Fehst stated that as a bi- monthly newspaper, there might be timing issues. Kelzenberg stated that for a period the Northeaster did not snail out their newspaper. Motion to designate Sun Focus News as the official City newspaper for 2008 and to authorize the Mayor and City Manager to enter into an agreement with Sun Focus News for required publications. L. Approval of the attached list of rental housing license applications in that they have met the requirements of the Residential Maintenance Code. Motion to approve the items listed for rental housing license applications for December 10, 2007 M. Approve the reissue of Rental Licenses as listed Motion to issue arental-housing license to Charlie Vanderlinden to operate the rental property located at 961 37th Avenue N.E. in that the provisions of the residential maintenance code have been complied with. Motion to issue arental-housing license to Moshen Dessouki to operate the rental property located at 4610-4612 Fillmore Street NE in that the provisions of the residential maintenance code have been complied with. Motion to issue arental-housing license to Nicholas Miller to operate the rental property located at 3819 Van Buren Street NE in that the provisions of the residential maintenance code have been complied with. N. Approve Business License Applications Motion to approve the items on the business license agenda for December 10, 2007, as presented. O. Approve payment of the bills. -Removed Motion by Nawrocki, second by Williams, to approve the Consent Agenda with the exception of items F and O. Upon vote: All ayes. Motion carried. F. Establish John P. Murzyn Hall rental rates for 2009. Nawrocki stated his opposition to an increase, as there was no rationalization of revenues versus expenditures. A lot of people that rent the facility are Columbia Heights residents and their tax dollars built that facility for resident use. Peterson stated that the damage deposit increased because the damage costs have increased. Nawrocki questions how many times the damage cost is more than the deposit. Keith Windschitl, Recreation Director, stated that a number of times we City Council Minutes Monday, December ]0, 2007 Page 5 of 13 have had to seek additional damage costs, such as when the AV screen received over $500 in damage and had to be replaced. Staff is recommendation is a three percent increase for 2009 rental rates. In 2008 80 to 90 percent of the Saturdays are already rented. This is very reasonable considering the facility, the group size we can accommodate, caterer options, and we have a bar. Nawrocki asked what the Fridley KC hall charges. Peterson stated that we could lower the rental rate, but we would have to increase the Ad Valorem tax and all residents would pay the reduction to subsidize it. Nawrocki asked if we are losing money on this facility. Fehst stated yes. Nawrocki asked what other facilities are charging and when the last market study was done. Fehst stated that Murzyn Hall is a wonderful facility, but runs at about a $100,000 deficit each year. Windschitl stated that the damage deposit increase would be for 2008, as well as 2009. A late fee is charged for anyone remaining after 1:00 a.m. Nawrocki asked if this damage deposit is for any room rental. Windschitl stated that the damage deposit is $250 for any other room and $500 for the main hall. Motion by Kelzenberg, second by Williams, to adopt the 2009 John P. Murzyn Hall rental rates, as outlined by the Park and Recreation Commission at their meeting of November 28, 2007. Nawrocki referred to the incident of not being able to use the school gym, as someone else was using it. It was being used by the city for a DARE program. Fehst stated that the new Superintendent, Kathy Kelly, is great to work with, but there are definite space need issues. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. O. Approve payment of the bills. Motion by Nawrocki to strike check #].23978, for $5,782.00 to Southern Anoka County Community Consortium. We have a significant increase in the levy and we need to look at removing some of these expenditures. Williams asked for clarification of this check. Fehst stated that is the group of local cities that work together and includes the Values First program. Fehst suggested first striking the Suburban Rate Authority to save money. Nawrocki questioned the Values First program needing this amount of money. Peterson called for a second to the motion. No second was received. Motion died for a lack of a second. Motion by Williams, second by Kelzenberg, to approve payment of the bills out of the proper fund as listed in the attached check register covering Check Number 123755 through Check Number 123990 in the amount of $5,163,745.86. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. First reading of Ordinance #1533 being an Ordinance accepting an Xcel Franchise Agreement. Kevin Hansen, Public Works Director, stated this ordinance is for gas and electrical distribution. The current franchise agreement expired in 2007. It was a 20 year agreement. We are working City Council Minutes Monday, December 10, 2007 Page 6 of 13 with. Xcel to establish a new franchise agreement. A model was developed by the League of MN Cities and the Suburban Rate Authority (SRA). A recommendation has been made and negotiations have begun. Hansen stated that this was reviewed by our City Attorney, Xcel Energy, and himself. The difference includes additional definitions fora 20 year franchise and incorporates our right-of--way ordinance, how work we administer gas and electric restoration, better defines indemnification, and preserves our right to enact a franchise fee. Nawrocki stated this has been discussed at the SRA meetings with concerns about things not in the franchise agreements. He questioned if those concerns are in this agreement. Hansen stated that one of our primary concerns is coordination with our public improvement projects. In planning the projects there are conflicts with gas or electric service that impact our improvements. Nawrocki indicated that the SRA will meet in January and he requested the second reading of this ordinance be postponed until the second council meeting in January. Hansen stated that would not be an issue. Motion by Williams, second by Diehm, to waive the reading of Ordinance #1533, there being ample copies available to the public. Upon vote: A11 ayes. Motion carried. Motion by Diehm, second by Williams, to establish the second reading of Ordinance No. 1533, being an Ordinance adopting a franchise agreement with Xcel Energy for the City of Columbia Heights for January 28, 2008, at approximately 7:00 p.m. in the City of Columbia Heights Council Chambers. Upon vote: All ayes. Motion carried. 2. Adopt Resolution No. 2007-253 being a Resolution adopting a Budget for the Year 2008, settin tg he City General Levy, and Bond Levy Motion by Diehm, second by Williams, to waive the reading of Resolution 2007-253 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution 2007-253 being a resolution adopting a budget for 2008 and setting the City General Levy at $6,916,895 and the Bond Levy at $128,475. Nawrocki stated that we have done a poor job on the budget as it represents a 12 percent increase. With the increased HRA levy and the agreement with Anoka County EDA/HRA levy including $30,000 in administrative fees, the result is too much. Fehst indicated that this would add two full time police officers and two part time library personnel. Nawrocki referred to drawing down fund balances to balance the budget and questioned the amount. Elrite stated $150,000. Nawrocki stated a major priority for next year should be water clean up. The budget only talks about parts of the general budget. Of the other revenue funds, staff can spend up to $15,000 without coming to Council. The resolution indicated the property tax levy would be 8.83 percent, which does not cover the City HRA or County EDA/HRA levy and is not included under local tax on the tax statement, but is listed under other special taxing districts. When taking into account special assessments and increases in storm sewer, sanitary sewer, and water rates, this is hitting the tax payers pretty hard. Nawrocki stated that the $19,190 added to the library budget would increase the library levy, continuing into the following years. City Council Minutes Monday, December 10, 2007 Page 7 of 13 Motion to amend by Nawrocki to remove $19,190 from the library budget. Peterson called for a second. No second was received. Motion died for lack of a second. Nawrocki stated that $27 million was added for a possible activity center and police and fire facility. Motion to amend by Nawrocki that $27,000,000 for a possible activity center and police and fire facility, be removed from the budget. Peterson called for a second. No second was received. Motion died for lack of a second. Motion to amend by Nawrocki to strike the addition of $8,000 for the city newsletter. Peterson called for a second. No second was received. Motion died for lack of a second. Motion to amend by Nawrocki to remove $10,000 from the Police Department budget for Sheffield patrol overtime. Peterson called for a second. No second was received. Motion died for lack of a second. Motion to amend by Nawrocki to strike the Special Project Coordinator salary and fringe benefits, as there is no plan to fill the position. Peterson called for a second. No second was received. Motion died for lack of a second. Motion to amend by Nawrocki to use $402,000 of the activity fund budget to offset one-half of the proposed property tax increase. Peterson called for a second. No second was received. Motion died for lack of a second. Motion to amend by Nawrocki that that we work with the School District on additional gym space and any money above and beyond that be subject to a referendum of the community. Diehtn questioned how that would fit into the budget. Peterson called for a second. No second was received. Motion died for lack of a second. Nawrocki stated that it makes as much sense as other actions. We make commitments and don't have the money for them. Upon vote of the original motion: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. Fehst pointed out that there was a reduction in the EDA levy. RESOLUTION 2007-253 RESOLUTION ADOPTING A BUDGET FOR THE YEAR 2008, SETTING THE CITY LEVY, AND APPROVING THE HRA LEVY. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CLTY OF COLUMBIA HEIGHTS, MINNESOTA: that the following is hereby adopted by the City of Columbia Heights. Section A. The budget for the City of Columbia Heights for the year 2008 is hereby approved and adopted with appropriations for each of the funds listed below. Expense General Fund 9,220,448 City Council Minutes Monday, December 10, 2007 Page 8 of 13 Community Development Fund 597,133 Economic Development Fund 274,863 State Aid 148,949 Cable Television 132,182 Library 738,346 D.yicE Project ,.,~ ~,~ i ~ Infrastructure 113,792 Capital Improvement 27,345,000 Capital Equipment Replacement Funds 461,815 Construction Funds 1,054,300 Central Garage Fund 579,273 Liquor Operating 7,930,664 Liquor CapitaUNon-Operating 319,042 Water Utility Fund 2,209,771 Sewer Utility Fund 1,660,244 Refuse Fund 1,399,336 Storm Sewer Fund 387,556 Data Processing 268,532 Debt Service Fund 2,859,426 57,706,047 Section B. The estimated gross revenue to fund the expense budget of the City of Columbia Heights for all funds, including general ad valorem tax levies and use of fund balances, as hereinafter set forth for the year 2008: Revenue General Fund 9,220,448 Community Development Fund 597,133 Economic Development Fund 274,863 State Aid 148,949 Cable Television 132,182 Library 738,346 DARE Project 5,375 Infrastructure 113,792 Capital Improvements 27,345,000 Capital Equipment Replacement Funds 461,815 Construction Funds 1,054,300 Central Garage Fund 579,273 Liquor Operating 7,930,664 Liquor Capital/Non-Operating 319,042 Water Utility Fund 2,209,771 Sewer Utility Fund 1,660,244 Refuse Fund 1,399,336 Storm Sewer Fund 387,556 Data Processing 268,532 Debt Service Fund 2,859,426 57,706,047 Section C. The following sums of money are levied for the current year, collectable in 2008, upon the taxable property in said City of Columbia Heights, for the following purposes: Estimated General Fund Levy 6,286,574 Estimated Library Levy 551,699 Estimated EDA Fund Levy 78,622 Total 6,916,895 City Council Minutes Monday, December 10, 2007 Page 9 of 13 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, COUNTY OF ANOKA, MINNESOTA: That the county auditor is authorized to fix a property tax rate for taxes payable in the year 2008 that is higher than the tax rate calculated for the city for taxes levied in 2006, collectable in 2007. BE IT FURTHER RESOLVED :That the City has adequate fund balances and reserves to pay 2008 Bond principal and interest payments on General Obligation. Bond Series 2003A and General Obligation Bond Series 2006A and that the county auditor is authorized to cancel these Bond Levies for taxes payable in 2008. BE IT FURTHER RESOLVED: That the City shall levy a General Obligation Bond Series 2007A in the amount of $128,475.17 and that the county auditor is authorized to collect these Bond Levies for taxes payable in 2008. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. B. Bid Considerations -none C. Other Business Public Safet fy acilit~pdate Fehst stated that next Monday at 7:00 p.m. the work session meeting would be to discuss a final recommendation. from the 36 member public committee for activity center alternatives, and the public safety facility presentation fora 38,000 sq. ft. facility for about $10,000,000 with no property expense if built on land we own, such as NEI. Fehst referred to a meeting with the State Bonding Committee that looks at requests for capital items. Our item was the pedestrian bridge on 49`h Avenue. This bridge is not ADA compliant. Hansen stated there are 100,000 trips across this bridge every year. There were only about seven committee members present. We have submitted a request and will renew our application to the federal government. Nawrocki stated that this is not our bridge, but is a MNDOT bridge. Also, one-half of the bridge is in the City of Hilltop and if there are local costs they should be shared. Nawrocki referred to the expense of land acquisition costs to make it handicap accessible. Fehst stated that the State should be required to follow ADA rules. Diehm questioned who removes the snow from the bridge? Hansen stated that we remove it. Fehst indicated that we also cut their grass on University Avenue. Fehst referred to meeting with Kathy Kelly, School Superintendent, and her staff regarding the gym they are building on their site. They were cordial and explained. why they need this facility. There was a plan for two gyms, but there were issues with operation and control. Council and staff were impressed with their plan. Council has not made any decisions and this should be discussed at the beginning of next year. Fehst stated that there is a predevelopment agreement with ACE Hardware for the old Burger King site. Unfortunately, we were not able to receive legislation to use TIF funding for clean up. A hardware store would require minimal reparation and be an asset to our community. Fehst stated that there is also a predevelopment agreement for the property south of the old Bridgemans site. Fehst referred to a letter received from the Anoka County Sherriff s office regarding their interest in providing police service to us. Hemet with Sherriff Bruce Johnson and his staff. In their analysis we should have 24 or 25 officers on the street, but we have 16 or 17. They will review the information, but do not believe they could provide this service due to the distance we City Council Minutes Monday, December 10, 2007 Page 10 of 13 are from them. We appreciate their effort. They indicated that "our officers are working their tails off." Ordinance 1534 to rezone 4438 4442 and 4446 Central Avenue Jeff Sargent, City Planner, indicated that the VFW has requested rezoning of their property from Limited Business (LB) to General Business (GB). He described the properties. Currently the LB district does not permit the VFW requested improvement as the property is non-conforming. State Statutes do not allow for the expansion of anon-conforming property. The construction of any type of addition would require rezoning to a GB use. The rezoning request is consistent with the Comprehensive Plan and brings the VFW into compliance with the GB zoning. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2007-, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Nawrocki stated that as an officer of the VFW he would abstain from the vote. Motion by Williams, second by Kelzenberg, to set the second reading of Ordinance No. 1535 for Monday, January 14, 2008, at approximately 7:00 p.m. in the City Council chambers. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, abstain; Peterson, aye. 4 ayes - 1 abstention. Motion carried. PUBLIC HEARINGS A. Adopt Resolution No. 2007-249 being a Resolution for declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested re ag rding_property at 4231 6th ~treet_ Fire Chief Gary Gorman stated there are five outside violations on this property. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution Number 2007-249 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution Number 2007-249, being a resolution of the City Council of the City of Columbia Heights declaring 4231 6th Street 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 2007-249 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 Sharon Bates (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4231 6`" 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 November 14, 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 Ciry Council Minutes Monday, December 10, 2007 Page 11 of 13 1. That on September 18, 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 November 14, 2007 inspectors re-inspected the property listed above. Inspectors noted that five violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on November 29, 2007 inspectors reinspected the property and found that five violations 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 damaged overhead door on south side of the garage facing alley, shall repair the damaged missing the siding on the southeast corner of the garage, shall replace the damaged windows on the south side of the house, shall replace the front storm door that is missing, 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(8). CONCLUSIONS OF COUNCIL 1. That the property located at 4231 6`h Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case maybe, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4231 6`'' 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. B. Approve revocation of the license to operate a rental unit within the City of Columbia Hei hg is as recLuested against rental properties at: 4502 Washington Street -Resolution No. 2007-250 -Gorman stated that this property has three outside violations. There has been with no contact from the owner. Motion by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution Number 2007-250, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution Number 2007-250, being a 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 licenses listed. Upon vote: All ayes. Motion carried. Resolution 2007-251 - 4542 Heights Drive -removed Resolution 2007-252 - 3931 Jackson Street -removed Resolution 2007-228 - 4124 5th Street- removed Nawrocki stated that at the last meeting he indicated there are computer items sitting out at 4641 Taylor. These items have not been removed. The house at 1410 Parkview Lane has numbers on the house for 1401. This should be corrected for emergency situations. RESOLUTION 2007-250 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by L&P Asset Holdings, LLC (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4502 Washington Street N.E., Columbia Heights, Minnesota, City Council Minutes Monday, December 10, 2007 Page 12 of 13 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 November 13, 2007 of an public hearing to be held on December 10, 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 11, 2007, inspectors for the City of Columbia Heights, inspected the property described above and noted three 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 November 13, 2007, inspectors for the City of Columbia Heights, performed a fmal inspection at the property and noted three violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on November 28, 2007 inspectors for the City of Columbia Heights performed a reinspection and noted that three violations remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Shall remove all/any outside storage from the property, shall remove all scrub growth next to the garage, shall scrape and paint garage where it is peeling 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8688 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. Report of the City Manager Fehst wished everyone a Merry Christmas and happy holiday. He thanked all the City employees for their service and indicated there would be an employee holiday event on Wednesday. Nawrocki indicated that the snow was not properly removed in front of the old Ktnart, Savers and Taco Bell/carwash properties on Central Avenue. Fehst also indicated a snow ridge that needs to be removed by the Gateway Park bus stop. Report of the City Attorney -nothing to report. CITIZENS FORUM -none COUNCIL CORNER Kelzenberg • Everyone is mailing early -Merry Christmas and Happy New Year, or what ever you celebrate. Williams • Happy New Year, Merry Christmas, and happy 2008. • Read an email on what it is to comprehend a billion dollars. Diehm Wished everyone Happy Holidays. Support activities at our schools. There is a band concert on Thursday and a chorus concert on Monday. City Council Minutes Monday, December 10, 2007 Page 13 of 13 Nawrocki • Referenced question from last meeting -how much time would be allowed to get the information to citizens on a community center decision. He had indicated 30 days, but in reflection there should be 60 days. Asked the City Attorney how citizens can exercise their right of petition as stated in our Charter and requested information to hand out to citizens that ask to receive it. • Christmas present from Comcast cable -they have increased their rates again by about six percent. • Attended the Anoka County Elected Officials meeting. Subjects discussed were: Anoka County legislative proposal package and Anoka County Human Services programs. • For unanimity -wished everyone, including Council members, staff, and citizens of the community Happy Holidays. May residents and families, in the coming year, enjoy a better life than last year. Peterson • Read an email from Larry Scott, Liquor Store Manager, requesting to be contacted if anyone finds their shopping carts. • Don't forget your service men and women. It is painful to be away from home. Include them in your thoughts and prayers, and hope next year they will be home with us. • We live a nice life here and our city does a good job, especially after seeing New Orleans. Appreciate what we have. • Merry Christmas and Happy New Year to everyone and to our wonderful employees. Fehst indicated that this is the only full Council meeting in December of 2007. ADJOURNMENT Mayor Peterson adjourned the meeting at 5:37 p.m. Patricia Muscovitz CMC (~- City Clerk ~..J