Loading...
HomeMy WebLinkAboutJune 9, 2008OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, JUNE 9, 2008 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, June 09, 2008 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Rev. Dan Thompson, Assembly of God Church gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Peterson removed Resolution No. 2008-135 as the property has been brought into compliance. Nawrocki asked that the items from the June 2 work session be discussed. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS AND GUESTS A. 2008 Humanitarian Award -Cliff and Sharon Shedlov Peterson announced the 2008 Humanitarians of the year, Cliff and Sharon Shedlov. He read the various volunteer works they have participated in. Peterson presented a plaque to Cliff and Sharon and thanked them for their contributions to the City of Columbia Heights. Peterson stated that they would also ride in the Jamboree parade. Nawrocki stated that the Jamboree would be held this year June 26 through June 29. He listed the events and the parade time and route. He also gave the history of the parade. CONSENT AGENDA City Manager Walt Fehst took the Councilmembers through the consent agenda items. A. Approve minutes of the May 27, 2008 Columbia Hei ht~ s City Council meeting. Motion to approve the minutes of the May 27, 2008 City Council meeting, B. Accept minutes of the Columbia Heights Boards and Commissions. Motion to accept the minutes of the Charter Commission meeting of April 16, 2008. Motion to accept the minutes of the Traffic Commission meeting of March 3, 2008. Motion to accept the minutes of the Library Board meeting of May 6, 2008. Motion to accept the minutes of the Planning and Zoning Commission of June 3, 2008. C. Adopt Resolution 2008-136 being a Resolution waiving the Statutory Tort Liability Limits. Fehst stated that last year the City Council waived the upside limit of insurance and added an additional $1,000,000. Bill Elrite, Finance Director stated that the individual limit of $400,000 was waived and the overall limits were increased by a total liability of $1,000,000. Fehst stated that our premiums are down by $10,000 and are a total of $250,000. Motion to waive the reading of Resolution 2008-136, there being ample copies available to the public. Motion to adopt Resolution 2008-136, being a Resolution waiving the Statutory Tort Liability Limitso City Council Minutes Monday, June 09, 2008 Page 2 of 11 RESOLUTION N0.2008-136 BEING A RESOLUTION WAIVING THE STATUTORY TORT LIABILITY LIMITS WHEREAS, the City of Columbia Heights is a Minnesota political subdivision desiring to self-insure its property and liability risks through participation in a joint powers arrangement known as the League of Minnesota Cities Insurance Trust (LMCIT); and WHEREAS, Minnesota Statute Section 471.981 permits a city to extend the coverage of its self insurance to afford protection in excess of any limitations on liability established by law; and. WHEREAS, Minnesota Statute Section 471.981 provides that unless expressly provided in the ordinance or resolution extending the coverage, the statutory limitations on liability shall not be deemed to have been waived.. NOW, THEREFORE, BE IT RESOLVED that the Columbia Heights City Council does hereby accept excess liability coverage limits of $1,000,000 from the League of Minnesota Cities Insurance Trust and the City waives the monetary limits of tort liability established by Minnesota Statute Section 466.04, to the extent of the limits of the liability coverage obtained from LMCTT. D. Approve Access Control at the Municipal Service Center Facility Fehst stated that over a $1,000,000 was spent on improvements to the Municipal Service Center and this was an obvious security measure. This would be the same security system used at City Hall. Motion to appropriate funds from the 411 Capital Improvement Fund for this project and to authorize the Mayor and City Manager to accept the proposal and enter into a contract with Marco for access control and a security system at the Public Works garage, in the amount of $17,088.31, plus sales tax. E. Approval of the re-issuance of the license to operate a rental unit(s) within the City of Columbia Heights at 4131 Jefferson Street N.E. Motion to issue arental-housing license to Peter Sax to operate the rental property located at 4131 Jefferson Street N.E. in that the provisions of the residential maintenance code have been complied with. F. Approval of the attached list of rental housing license applications, in that they have met the requirements of the Residential Maintenance Code. Fehst stated there is a current freeze on any new licenses for up to 180 days. Motion to approve the items listed for rental housing license applications for June 9, 2008. G. Approve Business License Applications Motion to approve the items as listed on the business license agenda for June 9, 2008 as presented. H. Approve payment of the bills Motion to approve payment of the bills out of the proper fund as listed in the attached check register covering Check Number 126022 through Check Number 126197 in the amount of $934,178.34. Motion by Nawrocki, second by Diehm, to approve the Consent Agenda items. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. First Readies of Ordinance Number 1547 being_an Ordinance for Erosion and Sediment Control Kevin. Hansen, Public Works Director, stated we are under the second generation of the permit program for the National Pollution Discharge Association. We were required to renew our permit City Council Minutes Monday, June 09, 2008 Page 3 of 11 in 2007, which required this type ordinance be adopted. The basis of the ordinance is from a model presented by the League of Minnesota Cities. It will require a permit process to control erosion and details construction requirements for specific amounts of soil removal, and construction waste control, such as wash out facilities for concrete deliveries. The ordinance defines the inspection procedure. Enforcement was not included in our current ordinance. This allows us to shut dawn a project that is in violation of the ordinance. This is a Federal and State PCA requirement. Nawrocki asked when this would affect a Columbia Heights property owner. Hansen stated in land movement of more than 50 yards of material for residents and 50,000 yards for commercial construction. Hansen stated this is for control of erosion and sediment. 50 yards of material is about five truckloads of dirt. Motion by Kelzenberg, second by Diehm, to waive the reading of Ordinance No. 1547, there being ample copies available to the public. Upon vote: Kelzenberg, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. Williams was absent from the dais. 4 ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to establish the second reading of Ordinance #1547, being an Ordinance amending City Code Chapter 9 of the City of Columbia Heights for June 23rd, 2008 at approximately 7:00 p.m. in the Council Chambers. Upon vote: Kelzenberg, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. Williams was absent from the dais. 4 ayes. Motion carried. 2. Adopt Resolution No. 2008-130, being a Resolution approvinP a variance waiving the 80 perc_ ent opacity requirement at 3700 Central Avenue, subject to the conditions outlined. Jeff Sargent, City Planner, indicated this is a screening variance of parking, adjacent to the residential area the requirement is no less than six feet high and 80 percent opaque. The developer met with the residents and the residents requested there not be a fence, for security reasons, and to avoid congregation behind the commercial center. The Planning Commission unanimously recommended approval of the variance. The developer has suggested lining the area with trees, Nawrocki questioned the island indicated on the plan, snow removal, what EIFS is, and front curbing. Sargent stated this island is a green space with plantings for rainwater run off with landscaping along the concrete curbing. Hansen indicated snow removal would not different than the current situation. Sargent stated EIFS is a compost material, essentially a type of stucco. Nawrocki indicated the Planning Commission minutes refer to use of the alley for an exit, which he has previously indicated concerns about. Traffic should not be allowed to exit north from the alley. Sargent stated that it is a public alley and will take some of the traffic from Central Avenue and 37`'' Avenue. This project has been redesigned 17 times to make the property development feasible. Sargent referred to truck, and possible semi-truck, deliveries that may require alley parking to unload. Sargent stated that the existing front curbing and sidewalk would remain. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2008-130, there being ample copies available to the public. Upon vote: All Ayes. Motion carried. rviotion by evdiliiams, second'oy Kelzen'erg to adopt Resolutio~i 2008-i30, approving a variance to code section. 9.106 (M)(5)(c), waiving the 80 percent opacity requirement for screening a parking lot for the property located at 3700 Central Avenue, subject to the conditions outlined in City Council Minutes Monday, June 09, 2008 Page 4 of 11 Resolution 2008-130. Motion to amend by Nawrocki that the exiting traffic to the alley not be allowed to travel north. Peterson called for a second. Mahon died far lack of a second Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, abstain; Peterson, aye. 4 ayes - 1 abstention. Motion carried. RESOLUTION N0.200$-130 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR CROS COMPANIES WHEREAS, a proposal. (Case # 2008-0602) has been submitted by CROS Companies to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 3700 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A variance to waive the 80% opacity requirement for a screening mechanism per Code Section 9.106 (M)(5)(c). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on June 3, 2008; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The diffculry or hardship is caused by the provi_sion.s of this Ordinance and has not been created by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance 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. CONIDTIONS ATTACHED: 1. All application materials, maps, drawings and descriptive information submitted with the application shall become part of the permit. 2. The six (6) Shaunting Maples indicated on the landscape plan shall be kept in good condition and shall act as a screening mechanism. 3. The island in which the Shaunting Maples are located. shall be landscaped with. grass and/or other natural landscape materials. 3, Adopt Resolution 2008-131 Conditional Use Permit for a parking ramp and Resolution No. 2008-132 site plan approval for 4707 Central Avenue. Sargent stated that Nelson Building is requesting atwo-story commercial building, with an City Council Minutes Monday, June 09, 2008 Page 5 of I 1 Aldi's grocery store and a Buffalo Wild Wings restaurant. The 219 stall parking ramp would serve the offices, grocery store and restaurant. This is zoned MXD and the setbacks are to be agreed upon by the City Council through the site plan process. Sargent showed photos of the proposed development, parking ramp, and the site plan. He described accesses to the property and the finishing materials to be used, which are acceptable by our design guidelines Nawrocki asked if the developer would pay for the parking ramp. Scatt Clark, Community Development Director, stated that the developer would come to the city with special requests at a later time. Nawrocki stated that a Metropolitan Council grant to pay $1,000,000 toward the ramp is conditional on the city owning the parking ramp. Clark stated there would be wording in the development agreement to satisfy that requirement. The action tonight is a land use action. Nawrocki stated his concern is the liability and maintenance of the ramp and where the funds would come from. Clark stated that those issues would be discussed during the development process. Negotiations are progressing and the developer has the understanding that ramp funding would be available. Peterson stated this is a conditional use permit for the parking ramp and site approval. He is confident that staff will bring the proper items forward at the proper time. Nawrocki asked how the storm water will be handled and who will pay for that. Sargent stated that also would be addressed in the development agreement. Nawrocki asked the potential cost and read that portion of the resolution. Hansen stated that the sanitary sewer is sufficient and was part of the original Grand Central Lofts development. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2008-131, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2008-131, approving a Conditional Use Permit for a parking ramp at 4707 Central Avenue. Nawrocki indicated that this is premature, as we do not know the cost and where the money would come from. Fehst stated that this is independent of the development agreement. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, abstain; Peterson, aye. 4 ayes - 1 abstention. Motion carried. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2008-132, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2008-132, approving a site plan for approximately 55,000 square feet of commercial/retail development at 4707 Central Avenue. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, abstain; Peterson, aye. 4 ayes - 1 abstention. Motion carried. RESOLUTION N0.2008-131 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A PARKING RAMP FOR GRAND CENTRAL, COMMONS I:OCATF,D WITHIN THE CITY OF COLUMBIA HEIGHTS; MINNESOTA WHEREAS, a proposal. (Case #2008-0603) has been submitted by Nelson Building and Development to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: City Council Minutes Monday, June 09, 2008 Page 6 of 11 ADDRESS: 4707 Central Avenue. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.112 (D)(2}, to allow the construction. of parking ramp at 4707 Central. Avenue. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on June 3, 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 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 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. S. 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 (I) calendar year after the approval date, subject to petition for renewal of the permit. RESOLUTION N0.2008-132 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR A 55,000 SOUARE FOOT OFFICE/RETAIL DEVELOPMENT LOCATED AT 4707 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0603) has been submitted by Nelson Building and Development to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 4707 Central Avenue -LEGAL DESCRIPTION: On file at City Hall.- THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of an office/retail development located at 4707 Central Avenue. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on June 3, 2008; WHEREAS, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adapts the following findings of the Planning Commission: 1. The site plan conforms to all. applicable requirements of this article, except signage. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. City Council Minutes Monday, June 09, 2008 Page 7 of I 1 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of--way. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (l~alef~dar year after the approval date, subject to petition for renewal of the permit. B. Bid Considerations -none C. Other Business -none PUBLIC HEARINGS A. 1st Reading Ordinance No. 1548, Residential Inspection Before Sales (RIBS) Clark stated that we are on track to begin the program this summer. If this action is affirmed by a first reading, we would conduct community meetings, put out flyers, and place information in newsletters and newspapers. A presentation was given at the Methodist Church as a beginning to get the word out. The second reading would include the ordinance and fee structure resolution indicating how the implementation would be handled. The City Attorney has reviewed the ordinance. Kathy Bennett stated she was hired to create the Residential Inspection program (RIBS), which would affect residents that wish to sell their homes. Bennett again gave the presentation presented to the City Council at a work session. She described issues that would be addressed and the necessity for this in Columbia Heights. Bennett indicated what other communities have at this time. It is necessary that communities in their inspection program consider foreclosures. Improvements do not have to be completed by the time the house is sold, except certain items that must be fixed for the health and safety of residents. The seller can pass this on to the buyer, if the buyer agrees to have items completed in 90 days. 1 I O percent of the improvement funds would be placed in escrow. The seller pays the application fee and the inspection is completed by the City's private inspector and/or the Building Official. If the property is not sold, the owner is not required to make the improvements. Bennett indicated hazardous items that would be required to be repaired immediately. Bennett indicated possible program fees averaging $150, plus an administrative fee. Fehst pointed out that some items would require immediate repair such as an unsafe furnace. He asked ifnon-immediate items could be included in the mortgage. Bennett stated it would require that there be enough value in the property to include it, or the County can be contacted for inclusion in their programs. Fehst stated that he has received positive comments, from residents, on this program. Nawrocki stated that the first reading of the ordinance is premature, as we need to inform the public and allow their comments. This process does not hold us harmless. The Community Development department is "empire building" as this would require building permits, which they benefit from. Nawrocki questioned what happens if a property does not sell in one year? Bennett stated that if the initial seller has an inspection and receives a certificate of compliance, which. is valid for one year, it would be reissued following re-inspection. Clark stated that the re-inspection fee would be reviewed. Nawrocki questioned what happens if buyer does not do the repairs, or if the repairs were estimated low. Jim Hoeft, City Attorney, stated that we would hire a contractor and use the escrow money. Council can determine the escrow percentage. Deb Johnson, 4626 Pierce Street, asked how this would compare to an independent inspection that would cost several hundred dollars. Peterson stated this program would focus on health and safety Issues and other basic Issued described. Jo1~i~so,; stated tills IS r'iGt a prerriature action. Bennett stated the RFP's received also conduct private inspections, allowing for a cost comparison. City Council Minutes Monday, June 09, 2008 Page 8 of 11 Motion by Williams, second by Kelzenberg, to close the public hearing and waive the reading of Ordinance No. 1548, there being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to set a Public Hearing for the second reading of Ordinance No. 1548 for Monday, July 28, 2008 in the Council Chambers at approximately 7:00 p.m. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. Motion carried. Fehst asked for Councilmember's recommendation on other ways to publicize this program. It will be covered in our local paper. Nawrocki questioned the timing of the next newsletter. Fehst stated that would be released after the second reading, but would include program information. B. 1st Reading: Ordinance 1549 Zoning~Amendment to rezone 825 - 41st Avenue from R-4 to PO. Sargent stated that public parcels were included in the new PO zone. This would transfer the proposed public safety site to the public and open space district. Motion by Kelzenberg, second by Williams, to close the public hearing and waive the reading of Ordinance No. 1549, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to set the second reading of Ordinance No. 1549, for Monday, June 23, 2008, at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. C. 1st Reading: Ordinance 1550 Zoning Amendment to create the Shoreland Overlay District Sargent described the water areas that would be included and the boundaries for each area. Sargent highlighted areas of the ordinance. Nawrocki questioned the high water paint referenced. Hansen stated the ordinary high water mark is defined by the DNR. Sargent pointed out areas which have more stringent requirements than our current zoning code. Sargent stated there would be specific standard caps; the impervious surface can be no mare than 35 percent, which now stated that no more than 30 percent caii'oe covered by buildings. There are exclusions for condos acid our business district. Nawrocki stated this would be difficult to enforce on our 40 foot lots where paved driveways are a requirement. Sargent stated this would apply to new development and could allow a variance if another method of runoff control was completed. Replacements would be considered legal non- conforming and could be done if remaining within the same footprint. Hansen indicated that existing lots around lakes are normally larger lots and this is only applicable in the shoreline districts. Sargent stated that any new townhomes would be addressed in the development agreement. Fehst stated that this is another mandate and is glad it is limited to these districts. Being an inner-ring suburb should be considered. Hansen stated this is a SWIPP requirement. The Rice Creek Watershed will also require this. Sargent stated that if we have a significant number of variance requests we could re- look at the ordinace to make it more friendly to our city. Donna Schmit, 4260 Tyler Street, asked if this would affect the construction on 37th behind the liquor store. Sargent stated that Site lr}lan ~,~~as pre~~i~Ltis~y apprnyeti anti wOUld not be stibJe~t to this ordinance. Schmidt questioned if there was a new owner, would they be included? Sargent stated that would have to be considered. Nawrocki stated the new proposal is for half again as many more City Council. Minutes Monday, June 09, 2008 Page 9 of 1 1 units. Sargent stated that we do not have such a proposal yet. If homes add another level they would be within the same footprint and would be acceptable. Peterson referred to the limited vehicle requirements of facilities such as Comforts of Home. Motion by Diehm, second by Kelzenberg, to close the public hearing and waive the reading of Ordinance No. 1550, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to set the second reading of Ordinance No. 1550, far Monday, June 23, 2008, at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. D. Adopt Resolution 2008-133, 41.32 Madison Street N.E. being a declaration of nuisance and approving abatement of violations within the City of Columbia Heights. Fire Chief Gary Gorman stated at 4132 Madison there is outside storage and garbage to be removed. Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of Resolution Number 2008-133; there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution Number 2008-133, being a resolution of the Columbia Heights City Council declaring the properties listed 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 2008-133 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article lI, of City Code, of the property owned by Jose Cruz- Hidalgo (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4132 Madison Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on May 22, 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: FINDINGS OF FACT 1. That on May 5, 2008 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on May 22, 2008 inspectors re-inspected the property listed above. Inspectors noted that two 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 May 28, 2008 inspectors reinspected the property and found that two 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 remove all/any outside storage from the property and shall remove all/any trash-garbage- debris from the property that is spilled in the yard. 5. That all. parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8206(A) and. 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4132 Madison Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. City Council. Minutes Monday, June 09, 2008 Page 10 of 11 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. 'That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL i. The property located at 4132 Madison 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. E. Adopt Resolutions 2008-134, 574 Huset Parkwav N.E., and 2008-135, 657 47th Avenue N.E. ben Resolutions of the Columbia Heights Citv Council approving rental license revocation for falure_to meet the requirements of the Property Maintenance Code. Gorman stated that 574 Huset has failed to schedule an inspection and submit the rental license application. The property is going into foreclosure. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution Number 2008-134, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Nawrocki, to adopt Resolution Numbers2008-134, being a Resolution of the Columbia Heights City Council 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 2008-134 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article 1V, Section SA.408(A) of that certain residential rental license held by Mambo G. Abam (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 574 Huset Parkway N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on May 15, 2008 of an public hearing to be held on June 9, 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: FINDINGS OF FACT 1. That on April 30, 2008 inspection office staff sent a letter requesting the new owner of the property to license the rental. property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on May 15, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to submit a rental license application and failure to schedule a rental license inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article IIl 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 U574 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 wrth.r. ~0 days from the first day of posting of this Order revoking the license as held by License Holder. ADMINISTRATIVE REPORTS City Council Minutes Monday, June 09, 2008 Page 11 of 1 I Report of the City Manager • Nawrocki requested information on the public safety facility plans, the housing position request, and acquisition of 675 37th, Hilltop Trailer Sales. Fehst stated the city owned this property at one time and they are now interested in selling it. Nawrocki stated the last sale was in '98 for $298,000. and questioned the present value. Peterson stated this was discussed and staff was directed to negotiate with the owners. Nawrocki questioned the need for owning the property and indicated the property has soil issues. Fehst indicated this should have been discussed at an executive session. • Neighborhood housing position - Fehst stated that this is being considered to be combined with the position previously held by Partenheimer. Nawrocki stated that we already have three high priced Planners in the department and the economy is slow. • Public safety building - Fehst stated that we continue to meet with the Construction Manager and Planner. A traditional look is being recommended for the facility. Any one is welcome to review the plans. Nawrocki again indicated his review of the Bloomington facility and felt this facility would be oversized. Peterson stated that a needs analysis study was conducted, with input from all staff. We have arrived at a good plan that will suit our needs. Nawrocki asked again to visit the Champlin facility. Fehst stated that Mr. Engle extended that invitation. Peterson stated that he and the City Manager visited the Champlin and Spring Lake Park facilities on an open afternoon. • Fehst referred to youth activity in the city, indicating the enforcement of curfew using overtime and volunteers/reserves. 40 youth were picked up for curfew violation this past weekend. We will continue to be proactive in this area. • Nawrocki stated he was pleasantly surprised with the clean up of the old K-mart site and suggested cutting the grass and planting ground cover in the area. • Fehst stated that we are taking bids for roadwork at 40th and 45th. Hansen indicated the service drive reconstruction is awaiting final MnDOT approved prior to contract approval. Nawrocki requested that residents be informed when co,:~straetion will begin and of accessibility and parking restrictions. • Nawrocki stated that the agenda was not available on the cable channel until Sunday morning. It should be available on Friday afternoon. • 1`davd~rocki stated the ass~i~nption that budget information and the point of sale program • .~ould be covered in the next city newsletter. Report of the City Attorney -nothing to report. CITIZENS FORUM - no one came forward. COUNCIL CORNER Peterson dispensed with Council Corner ADJOURNMENT Peterson adjourned the meeting at 9:35 p.m. Patricia 1_~1luSCOv1tZ (AMC t a City Clerk/Council Secretary