Loading...
HomeMy WebLinkAboutFebruary 11, 2008OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING FEBRUARY 11, 2008 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, February 1 1, 2008 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg Rev. Ruth Hograbe, Community United Methodist Church, gave the Invocation. PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed Resolution No. 2008-29 in that the property has been brought into compliance. Peterson also removed Resolution 2008-34 for further review. Nawrocki expressed regret that the agenda was not posted on the cable site as of yesterday. He stated that the City Council meeting was not being played and that there were only two programs running on our cable channel. Patty Muscovitz, City Clerk, indicated there are technical issues that we are working to correct. The Council meeting is being played on Channel 15, with a scroll on Channel 16 to identify this. Nawrocki asked that this be added to the Channel 16 daily schedule. PROCLAMATIONS PRESENTATIONS RECOGNITION ANNOUNCEMENTS AND GUESTS -none CONSENT AGENDA City Manager Walt Fehst took Council members through the Consent Agenda items. A. Approve minutes of the January 28, 2008 Columbia Heights City Council meeting, Motion to approve the minutes of the January 28, 2008 Columbia Heights City Council meeting. B. Accept meeting minutes of the Columbia Heights Boards and Commissions. Motion to accept the minutes of the January 2, 2008 Park and Recreation Commission. Motion to accept the minutes of the October 23, 2007 HRA meeting. Motion to accept the minutes of the November 27, 2007 special HRA meeting. Motion to accept the minutes of the November 27, 2007 EDA meeting Motion to accept the minutes of the January 14, 2008 special HRA meeting. Motion to accept the minutes of the January 17, 2008 Telecommunications Commission meeting. Motion to accept the minutes of the January 17, 2008 Charter Commission meeting. Motion to accept the minutes of the February 6, 2008 Planning and Zoning Commission meeting. C. Establish the Local Board of Review meeting date for Monday, April 7, 2008, at 6:00 p.m. in the City Council Chambers. Fehst explained that citizens unsatisfied with their property tax rate can come and speak. to the Anoka County Assessors that set the rates. Nawrocki stated that residents should have received City Council Minutes Monday, February 11, 2008 Page 2 of 12 their proposed tax rate and will receive the final rate prior to the Board of Review. Motion to establish the Local Board of Review meeting date for Monday, April 7, 2008, at 6:00 p.m. in the City Council Chambers. rn ,.i ~ - n > > n, n .~ r.> > D. Approve Rarne, Lizue Voyager~s Montesson ~cnoot at Timothy's Lutneran ~,nurcn Motion to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a raffle event to be conducted by Little Voyageurs' Montessori School at St. Timothy's Lutheran Church, 825 51st Avenue, Columbia Heights, on April 25, 2008; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. E. Request Authorization to Purchase Three Replacement Police Vehicles Fehst stated this replacement is the yearly practice to maintain proper vehicle replacement. Nawrocki stated that we bought a new car for the Building Official and asked why one of these vehicles could not be used for that position instead of the Public Works Director who will put on 80 miles a day. Motion to authorize the purchase of two 2008 Ford Crown Victoria and one 2008 Ford Taurus police vehicles per the State of Minnesota bid, with funding to come from 431-42100-5150 in the amount of $61,375 and to authorize the Mayor and City Manager to enter into a contract for the same. F. Authorize~ayment of $19,246.69 to Anoka County for administering the 2007 Tax Increment FinancingL Laws of Minnesota, Truth in Taxation, and Special Assessments, with expenses being charged to the TIF Debt Services Fund and the General Fund. Motion to authorize payment of $19,246.69 to Anoka County for administering the 2007 Tax Increment Financing Laws of Minnesota, Truth in Taxation, and Special Assessments, with expenses being charged to the TIF Debt Services Fund and the General Fund. G. Adopt Resolution 2008-27, being a Resolution identifying the need for Minnesota Housing Finance Agenc~LMHFA} Community Revitalization Fund (CRV) funding and authorizing an application for grant funds -removed for discussion H. Adopt Resolution No. 2008-31, being a Resolution approving a Conditional Use Permit for a consigmnent/secondhand store located at 508 - 40th Avenue NE. Motion to waive the reading of Resolution 2008-31, there being ample copies available to the public. Motion to adopt Resolution No. 2008-31, approving a Conditional Use Permit for a consigmnent/secondhand store located at 508 - 40th Avenue, subject to the conditions outlined in Resolution No. 2008-31. RESOLUTION NO. 2008-3I RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR NANCY PERCIVAL WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0202) has been submitted by Nancy Percival to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 508 - 40`h Avenue. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (E}(3)(1), to allow aconsignment/secondhand store. City Council Minutes Monday, February 11, 2008 Page 3 of 12 WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on February 6, 2008; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and iVUW, THEREI+ORE, tsE 1'T' RESOL"VEill by the City Council of the City of Columbia rieights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. Consignment/secondhand stores shall be identified as stores whose primary existence is derived form more than 50% used, consigned, or secondhand merchandise. The use shall be located at least 3,000 feet from all existing consignment/secondhand stores, currency exchanges and pawnshops. 2. The window and door areas of any existing first floor fagade along a public street or sidewalk shall not be reduced, nor shall changes be made to such windows and doors that block views into and out of the building at eye level. 3. The use of bars, chains or similar security devices that are visible from a public street or sidewalk shall be prohibited. 4. Consignors shall not be paid for merchandise until the merchandise has been sold to a third party. 5. An appointment or set hours shall be required for the acceptance of consignment or donated merchandise. 6. All receipt, sorting and processing of good shall occur within a completely enclosed building. 7. The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 1d0 feet of the use shall be inspected regularly for the purposes of removing litter found thereon. I. Authorize staff to seek bids for the Capital Equipment Replacement of Unit #44, El in Eagle Street Sweeper Motion to authorize staff to seek bids for the Capital Equipment Replacement of Unit #44 Elgin Eagle Street Sweeper. Authorize staff to seek bids for the Capital Eauipment Replacement of Unit #70 Ford LT9000 Tandem Axle Dumbtruck and attachments Kevin Hansen, Public Works Director, indicated that we currently have two street sweepers. The one to be replaced is 15 years old. The estimate for the sweeper is about $150,000. The dump truck replacement is with a single axle with attachments for $145,000. Motion to authorize staff to seek bids for the Capital Equipment Replacement of Unit #70 Ford LT9000 tandem axle dump truck and attachments. City Council Minutes Monday, February 11, 2008 Page 4 of 12 K. Approval of the attached list of rental housing license applications, in that they have tnet the requirements of the Residential Maintenance Code. Motion to approve the items listed for rental housing license applications for February 11, 2008. L. Approve Business License Applications lviotion to approve the hems as ttsteu on the ousiness ncense agenua for reoruary t ~, w~a as presented. M. Approve payment of the bills. Nawrocki questioned why four people were sent to the Ehlers and Associates conference at $230 per person. Diehm indicated that she attends as part of her job and feels it is one of the best continuing education events available. The cost is reasonable. Nawrocki indicated that there is probably value in the conference, but questioned sending four people. Fehst stated that is the premier conference in the state and he specifically appealed for someone from the Finance Department to attend. This is very specific to the job we do. Nawrocki questioned if the five laptop computers purchased for $1,500 were by competitive bid. He indicated that he previously requested a breakdown of consultants and add on totals, but only received a limited list. It is council's job to be able to tell people why we are spending money and we should have the information. Motion to approve payment of the bills out of the proper fund as listed in the attached check register covering Check Number 124599 through Check Number 124773 in the amount of $623,083.07. Motion by Williams, second by Kelzenberg, to approve the Consent Agenda items with the exception of item G. Upon vote: All ayes. Motion carried. G. Adopt Resolution 2008-27, being a Resolution identi ink the need for Minnesota Housing Finance Agency (MHFA) Community Revitalization Fund (CRV) funding and authorizing an application for grant funds Nawrocki asked what we would do with this grant. Fehst indicated it would be used to purchase dilapidated property and develop owner occupied homes. Nawrocki questioned the homes becoming rental. Diehm stated that we can not control what is done after they are purchased. Kelzenberg indicated there is a stipulation that the resident must reside in the home for five years. Fehst stated that the average price of GHMC homes are $235,000. Motion by Diehm, second by Kelzenberg to waive the reading of Resolution 2008-27, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution 2008-27, being a Resolution identifying the need for Minnesota Housing Finance Agency (MHFA) Community Revitalization Fund (CRV) funding and authorizing an application for grant funds. Williams read information on our partnership with the Greater Metropolitan Housing Council. on the size of a current home and the typical large size of the two replacement homes. Upon vote: All ayes. Motion carried. RESOLUTION N0.2008-27 City Council Minutes Monday, February 11, 2008 Page 5 of 1 Z RESOLUTION IDENTIFYING THE NEED FOR MINNESOTA HOUSING FINANCE AGENCY (MHFA) COMMUNITY REVITALIZATION FUND (CRV) FUNDING AND AUTHORIZING AN APPLICATION FOR GRANT FUNDS WHEREAS, the City of Columbia Heights Economic Development Authority (EDA) adopted the ten- year Housing Maintenance Plan 2008-2017 to provide support to maintain the City's housing stock; and WHEREAS, the City of Columbia Heights City Council designated funds for the housing maintenance program; and WHEREAS, the Single-Family Home Replacement Program (SFHR) is a component of the Housing Maintenance Plan; and WHEREAS, the SFHR supports the Comprehensive Plan housing strategy of "demolishing the most seriously deteriorated single-family homes and working with the private sector to develop appropriate replacement housing;" and WHEREAS, $50,000 is programmed for allocation every other year for the SFHR in order to leverage additional funding from the Minnesota Housing Finance Agency's (MHFA) Community Revitalization Fund (CRV}; and WHEREAS, the goal of the CRV program is to maintain and/or increase the supply of affordable, owner- occupied, single-family housing in the neighborhoods and communities throughout Minnesota; and NOW, THEREFORE BE IT RESOLVED that the City of Columbia Heights acts as the Iegal sponsor for the 2008 CRV application to be submitted on February 11, 2008; and BE IT FURTHER RESOLVED that the City of Columbia Heights has committed $50,000 to the SFHR program to leverage further funds from the MHFA's funding resources; and BE IT FURTHER RESOLVED that the City of Columbia Heights has the legal authority to apply for financial assistance, and the institutional, managerial, and fmancial capability to ensure adequate project administration; and BE IT FURTHER RESOLVED that the City of Columbia Heights has not violated any Federal, State, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or unlawful or corrupt practice; and BE IT FURTHER RESOLVED that Walter R. Fehst is hereby authorized to execute such agreements as are necessary to implement the project(s) on behalf of the applicant; and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Columbia Heights, Minnesota has authorized staff to submit an application for $175,000 for CRV funding from the Minnesota Housing Finance Agency (MHFA). ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. Other Business I. Resolution Accepting Donation of $125,000 from the estate of Edith P. Wargio for Wargo Court Park -removed 2. Public Safety Facility Fehst stated that staff tnet with Buetow and Associates today to review additional layouts for the NEI site plans for a Public Safety Facility. They are available for viewing in the Fire Department. The concern of a four percent rise in the land is not significant. The architect presented three additional alternatives. A presentation was planned for tonight, but we were not fully prepared. A final recommendation will. be presented at the next Council meeting. Fehst stated that all of the building options were placed at the south end of the property. Nawrocki stated that he would like to view a comparable facility. Fehst stated that the plan is estimated at 38,000 square feet. Nawrocki requested maintenance costs, i.e. heat and lighting. City Council Minutes Monday, February 11, 2008 Page 6 of 12 PUBLIC HEARINGS A. Adopt Resolution No. 2008-32, being an amendment to Resolution No. 1998-90 for a lot split at 4121 Stinson Bivd. Jeff Sargent, City Planner, stated this resolution is to amend a 1998 resolution changing the language on a condition imposed. The owner now wishes to sell the property to a neighbor. The pool has been removed, as requested, but they wish to allow the driveway to remain. 't`here is a joint easement with the prospective buyer that would be recorded with the county. Nawrocki questioned where lot B is located. Sargent pointed it out on a map and indicated the easement would address maintenance issues. Peterson closed the public hearing. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2008-32, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2008-32, approving an amendment to Resolution 98-90 to remove the requirement for removal of the driveway contingent on the sale of Tract "B" for the property located at 4121 Stinson Blvd., subject to the conditions outlined in Resolution No. 2008-32. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2008-32 RESOLUTION AMENDING RESOLUTION 98-90 FOR A MINOR SUBDIVISION (LOT SPLIT) LOCATED AT 4121 STINSON BOULEVARD WHEREAS, a proposal (Case No. 9810-43) has been submitted by Betty Hardie to the City Council requesting a minor subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: 4121 Stinson Blvd. EXISTING LEGAL DESCRIPTION: Lots 12 and 13, Block 1, Silver Lake Addition to Columbia Heights, Minn., Anoka Co., MN. THE APPLICANT SEEKS APPROVAL OF AN AMENDMENT TO RESOLUTION 98-90, TO REMOVE THE CONDITION OF APPROVAL THAT THE DRIVEWAY LOCATED ON SAID TRACT B WOULD HAVE TO BE REMOVED CONTINGENT TO THE SALE OF TRACT B. WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed subdivision upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on October 6, 1998. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The proposed subdivision of land will not result in more than three lots. 2. The proposed subdivision of land does not involve the vacation of existing easements. 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. 4. The proposed subdivision does not require the dedication of public rights-of--way for the purpose of gaining access to the property. 5. The property has not previously been divided through the minor subdivision provisions of this article. 6. The proposed subdivision does not hinder the conveyance of land. 7. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. 8. The proposed subdivision meets all of the design standards specified in the §9.114. FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. CONDITIONS: 1. The applicant shall record the joint driveway easement with Anoka County. B. 1st Reading: Ordinance 1537, Zoning Amendment to create the Public and Open Space District Sargent recommended a new zoning district to include public and open spaces, such as public City Council Minutes Monday, February l I, 2008 Page 7 of 12 buildings and parks. This would allow consistencies and continuity for parks, buildings, setbacks, etc. He referred to the current and proposed maps. Sargent stated that City Hall is now zoned residential, the public works building is zoned industrial, and the library is zoned light business. Sargent requested direction to add the NEI site, which is being considered for public purpose and the Hart Lake public property. Diehm stated her pleasure to see this clean up zoning. She questioned why residential homes were included as a permitted use. Sargent indicated that if in the future use requirements included residential, this would allow the resident to continue to live there until the time of necessary use. He refereed to two residential properties at Edgemoor Park that were included in the overlay district, which he wishes to further research. Diehm questioned why they would not be carved out of the district. Sargent indicated this would allow for future inclusion. Diehm questioned if we included the NEI site and hypothetically gave it to the YMCA and they sold it to Ryland Homes; what would be our recourse. Sargent indicated that we own the land and if transferred to a third party it would require our approval. Nawrocki stated that one you dedicate a park, it must remain so. Fehst stated that is true if obtained with federal money; replacement in-kind would be required. Nawrocki stated he did not see a problem with the way this reads. Diehm indicated the benefit would be that in our comprehensive plan we guide land, but if it is zoned as residential, such as a golf course, it could be sold to a developer. There is value to having park land zoned separately. Nawrocki stated that all of this land is publicly owned. We do not have an over abundance of park land and should preserve it. Diehm requested more information on single family and manufactured homes. Jim Hoeft, City Attorney, indicated that removal of this portion would require a new first reading of the ordinance. Diehm stated that she liked the open space designation, but would feel more comfortable with this reference removed. Nawrocki questioned if we have any such land occupied by residents. Sargent indicated he would research the two properties at Edgemoor Park. Peterson asked if they be able to rebuild if these homes burned. Hoeft stated only if they obtain a building permit within the specified time period would they be able to rebuild on the existing footprint. Diehm suggested placing those properties under residential designation. Sargent indicated that we may have a future interest in the properties. Diehm asked if Parkview Villa was included in this zoning. Sargent indicated that it is not. Sargent requested direction whether to include the NEI site and Hart Lake area. Diehm indicated that they should not be included until it is necessary to do so. Peterson questioned if we place a public safety building at the NEI site, would the current zoning pernit it or would it have to wait the required time period for rezoning. Sargent stated that it would be allowed as a protected government use. Diehm questioned if inclusion would interfere with the notification process. Hoeft suggested not including the site and handling it under a conditional. use pernit. Peterson indicated the desire to include the Hart Lake portion in the ordinance. City Council Minutes Monday, February 11, 2008 Page 8 of 12 Hoeft indicated that this should come back to Council as a first reading. Nawrocki questioned what the rest of Hart Lake is zoned. Sargent stated that on the west side the legal descriptions extend into the lake and the other portion is city land. Nawrocki questioned why cemeteries are included. Sargent indicated that we do not have cemeteries, but this would allow them as public space. Nawrocki questioned the definition of essential services. Sargent read the definition of essential services, which are items such as sewer and water services. Nawrocki asked if the properties adjacent to Edgemoor Park would be removed. Sargent stated he would research if they are currently included in Edgemoor Park. If they are included, it would allow for acquisition if sold. Nawrocki questioned park land at 37th toward 38th at California, which is currently commercial. Fehst stated that it is only vacant property, not park property. Nawrocki stated that it is used as park property. Peterson indicated that it is chained off. Peterson indicated that someone had questioned if that could be a dog park, which could be considered. As for notification, Sargent indicated that five acres or more does not require a mailing, but this was published in the newspaper. Dielun suggested that the two properties at Edgemoor Park be notified. She stated that she would not be in favor of including them in this zoning classification. C. Declaration of a nuisance and abatement of violations within the City of Columbia Hei hg is is requested re ag rdinp~property at 1316-1318 Circle Terrace Blvd. N.E. Fire Chief Gary Gorman indicated this is a vacant duplex in foreclosure. There is outside storage at the property. At the last meeting there was an immediate abatement of the property for broken water pipes. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution Numbers 2008-30 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution Number 2008-30 a resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Williams suggested that the City Manager research the purchase of this property to begin improvements in this area. Upon vote: All ayes. Motion carried. RESOLUTION 2008-30 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 Ron Holmes (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1316-1318 Circle Terrace Blvd. N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on January 24, 2008. 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: City Council Minutes Monday, February 11, 2008 Page 9 of 12 FINDINGS OF FACT 1. That on January 7, 2008 an inspection was conducted on the properly listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on January 24, 2008 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. lhat on January 30, 2008 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 all/any outside storage from the property 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 1316-18 Circle Terrace is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 1316-18 Circle Terrace 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. D. Revocation of the license to overate a rental unit within the City of Coluba_Heights is requested against rental properties at 1308-1310 Circle Terrace Blvd., Resolution 2008-28 and 4636 Washington Street, Resolution 2008-29 for failure to meet. he_reguirements of the Residential Maintenance Codes. -Resolution 2008-29 removed Gorman indicated 130$-1310 Circle Terrace is owned by the same person as the last item. This property is also going into foreclosure. There are about 13 interior and exterior violations. Peterson asked if the heat is turned off. Gorman stated that all of the utilities are turned off. Peterson indicated that this would be the tune to be proactive, speak to the bank and pursue redevelopment with GHMC. Motion by Williams, second by Nawrocki, to close the public hearing and to waive the reading of Resolution Number 2008-28, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion Nawrocki, second by Williams, to adopt Resolution Number 2008-28, 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 2008-28 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 Ron Holmes (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1308-1310 Circle Terrace Boulevard, 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 December 26, 2007 of an public hearing to be held on February 11, 2008. City Council Minutes Monday, February 11, 2008 Page 10 of 12 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 9, 2007 inspectors for the City of Columbia Heights, inspected the property described above and noted seventeen 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. .. ...... .. . ..i .. .. .... r . r.. rr. t t ~r t r 1 (r._.t ..1__ 1. tnat on liecemtier ~o, ~uui, inspectors ror the airy or ~,oiumoia tieignis, periunncu a iuiai iiisliecuoii a~ ~,lo property and noted seventeen violations remained uncorrected from the initial license inspection. 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 January 31, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that thirteen 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: a. 1310 -Shall replace the missing screen door b. 1.310 -Shall replace the missing doorbell button c. 1.310 -Shall repair the door knob and the door closer on the rear storm door d. Shall replace all missing screens on all windows and doors prior to May 1, 2008 e. Shall repair all damaged screens on all windows and doors on the building f. Shall replace all missing sections of siding on the building g. Shall scrape and paint the soffit and fascia around all doors and under the eves on all sides h. 1308 -Shall. repair the door closer on the rear storm door i. Shall replace all broken windows on the building j. Shall remove alllany outside storage from the property k. 1308 -Shall repair the cabinet door in the kitchen 1. 1308 -Shall repair the shelving in the upstairs bedroom closet m. 1308 -Shall repair the mold issues upstairs 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 F8692 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. ADMINISTRATIVE REPORTS Report of the City Manager • There have been several meetings with the School District, City Manager, Mayor, and Recreation Director regarding building a gymnasium. Council has received a draft Joint Powers Agreement and building layout, and their comments are requested. Tuning is of the essence for the School District and they would like a commitment by the beginning of March to continue the engineering phase. The basic agreement is good. About a dozen designated parking spaces closer to the proposed facility would be desirable. Parking would be available at night. We are looking at adding a 1,000 or 2,000 square foot area for work out equipment, as we would not have access to their workout equipment during the day for security purposes. We would also like an open space for chairs and tables for seniors to use. The heat would be from a boiler that ntns to the other school, and we would be charged by square footage. It would require an oversized 10 inch steam line, which would be an extra cost. However, we would not use the facility as much as they do, so we would suggest the building be metered. The gyro would not be air conditioned at this time. It would be an option to place a heater and A/C unit on the roof, but we would pay for it. It has been great working with Kathy Kelly, Superintendent of Schools, and their other staff members. We will have a joint powers agreement for consideration. before the next council meeting. Peterson indicated that the meetings have been cordial. and we want the community behind City Council Minutes Monday, February 11, 2008 Page 11 of 12 this project. This will be a joint use facility for residents. Fehst stated that we are attempting to obtain the proposed maintenance costs for the facility. The building should have natural cooling, as it would be partially in the ground. We would have summer programs there and could see what AC would cost as an alternate. Nawrocki suggested looking to a mutual agreement with the steam rather ihan mainiaining our own system. Nawrocki stated that he is not convinced that we need a second work out area. Peterson stated that in the existing plan you would walk directly into the dressing room or the gym. It was recommended to have a small gathering area at the entrance. Nawrocki stated that it is essential to get a handle on operating and personnel costs and what hours the gym would be open. It would not necessarily have to be open during the day, as it is for the youth of our community. Fehst stated that we would be flexible and use it when we can. There were no showers in the locker rooms, but we feel there should be two or three showers in our end of the building. Peterson indicated that he is very excited about this project. If we have a problem needing someone to man it because of the use, that is success. He stated that he would love to have the need for it to be open 24 hours a day. Williams referred to a resident email regarding the nuisance of receiving weekly advertisement flyers in their yard. Peterson stated that there is not an ordinance against it. Fehst indicated that they can no longer use the snail box. Williams asked if there is anything we can do. Hoeft indicated consideration of a littering ordinance, but that is difficult to enforce. Nawrocki referred to the discussion of charging people on state aid streets for road improvements. Fehst stated that we are the only city of 20 others researched where people on state aid streets do not pay for road improvements. There is money from the government for these heavier used roads, but to be fair and honest with everyone else we think that everyone should pay a minimum for improvements as others do on residential streets. Nawrocki referred to the inconvenience to residents on local state aid streets. Money received for these streets should be used there first before going to other projects. Nawrocki suggested removing the designation from these streets and their heavy traffic. Nawrocki indicated that he did not get a response as to what the $300,000 funding application for 37`h and Central was for. Fehst stated that the application indicated the purpose. Nawrocki stated that we were not told the developer had a plan. Fehst indicated that this topic has been discussed for months. The application was filed during the interim of hiring a community development director. Nawrocki requested the cost to purchase and demo the property. Peterson requested the number of grants we have received to see the comparison. Nawrocki suggested the $300,000 be used for the public safety building. Fehst stated that if council chooses not to do this project, funds can go back to the county and you can snake application again. Nawrocki stated that council should be making the choices up front. • Nawrocki again requested information on consultant fees, stating concern about consultant fees less than $15,000 and those that have additional costs added to them. City Council Minutes Monday, February 11, 2008 Page 12 of 12 Report of the City Attorney -nothing to report. CITIZENS FORUM - no comments received. %OUNc:..ii. i.ORivER Kelzenberg • Stated that Friday is his last day at the Columbia Heights Post Office, as he is moving downtown. Thanked the citizens for letting him help them. Williams • Referred to Kirkwood Council massacre in Missouri. Met with the Hennepin County Sheriff and indicated he had kind words to say about Columbia Heights. • Attended the National Prayer Breakfast, where Minnesota was highlighted. Read the persons involved in the program. Met with local officials and referred to the keynote speaker from. Africa. 156 countries attended the event. Dielun • Attended the SACA spaghetti dinner and it seemed a huge success. • Their Empty Bowls fundraiser will be March 3 at Murzyn Hall. • The Values First value of the month is Citizenship and the definition is Patriotism. • Remember our servicemen and women. e The Multicultural Festival, to celebrate our diversity and our similarities, will be held February 23 at the High School. Nawrocki • Received the LMC's City priorities. A copy is available for review. Fehst stated this is also available on the League's web site. • The League will be part of the legislative session in St. Paul • Listed the history of the cable franchise and the control that was taken away from cities. • Department heads have met the police chief candidates. Council members should also be able to meet them. Peterson Keep our servicemen and women in your thoughts and prayers. Our prayer breakfast will be held on May 14. Teen Challenge will provide the speakers. They are nationally known for their successful drug and alcohol abuse program. Let's not take ourselves too seriously and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:07 p.in. --__~... u .~. ~~ ~.. ;~ L ~~~ ~-' Patricia Muscovitz CMC ~, ~°-~ City Clerk/Council Secretary