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,
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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.
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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
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Monday, December 10, 2007
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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.
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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
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Monday, December ]0, 2007
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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
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Monday, December 10, 2007
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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.
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Monday, December 10, 2007
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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
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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
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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
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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
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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