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HomeMy WebLinkAboutNovember 23, 2009OFFICL4L PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING NOVEMBER 23, 2009 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, November 23, 2009 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 Nawrocki asked why the cable T.V. channel was frozen on one page all weekend. Fehst stated there were problems uploading on Friday night and we were not able to get anyone to look at it over the weekend. Peterson stated he spoke to Linda Magee, Assistant to the City Manager, and she indicated that we have had problems for several years with breakdowns and the system needs to be replaced. Nawrocki stated that we spend a lot of money on computer equipment. Fehst stated that is why we are in negotiations with the cable franchise holder. Nawrocki stated he will ask the City Manager for details on how many people use the new gym, what is happening on the officer contract with the school on 40"' and Central, an update on the pedestrian bridge, and an update on public safety building costs. Nawrocki requested to remove consent agenda items C, D, F, G, H, I, J, K, N. PROCL TIONS, PRESENTATIONS, RECOGNITION, OIINCEMENTS, GUESTS A. Charter Commission recognition Joseph A. Sturdevant -will be present at the December 14, 2009 City Council meeting. B. Traffic Commission recognition Joseph S. Sturdevant Mayor Peterson read the certificate of appreciation and gave him a city pen and pencil set. Joe Sturdevant stated that he was on the Human Service Commission for 12 years, the Traffic Commission for 15 years, the Charter Commission for eight years, and was Mayor for five years. He stated that it has been a privilege to live, work, and serve the City of Columbia Heights. CONSENT AGENDA City Manager Walt Fehst took Council members through the Consent Agenda items. A. Approve minutes of the City Council meeting Motion to approve the minutes of the November 9, 2009 City Council meeting. B. Accept minutes of the Columbia Heights Boards and Commissions Motion to accept the September 23, 2009 minutes of the Park and Recreation Commission. C. Adopt Resolution 2009-191, being a Resolution canceling the Monday, December 28, 2009 City of Columbia Hei hts regular City Council meeting, removed City Council Minutes Monday, November 23, 2009 Page 2 of 12 D. Approve Gambling Permit, Society for Creative Anachronism, Inc. to be held at Central Middle School, January 9, 2010 -removed E. Approve Transfer of Funds for Safe and Sober from General Fund to Police Dept. Budget, Overtime Line # 1020 Motion to transfer $1,994.99, the amount of money received from Coon Rapids as reimbursement for overtime worked from our participation on the Safe and Sober program, from the General Fund to the Police Department 2009 Budget line 1020, Overtime. F. Adopt Resolution 2009-188, being a Resolution establishing Senior Citizens or Retired & Disabled Person Hardship Special Assessment Deferral -removed G. Adopt Resolution 2009-184, being a Resolution ordering preparation of a report for the Zone S Street Rehabilitation Program, City Project No. 1002. -removed H. Adopt Resolution 2009-185, being a Resolution ordering_preparation of a report for the Zone 4 Street Seal Coat Pro~;ram, Cit~Project No. 1001 -removed I. Emergency Repair of a Trunk Storm Sewer line at the 45th Avenue Mississippi River Outfall - removed J. Adopt Resolution 2009-186, being a Resolution approving acquisition of 4303 Reservoir Bivd. - removed v n a~.... n....~~..,.~~. ~ nn in^r L~._~ n.._~i....--_ rni~c r_rr------- c'~----~ ~. riu~t,i nwviuuvii ~Ovy-i7~, ucui~ a nc~viu~ivu a,~pruviiig acgtilsitivii of ~ri» ~ciici~~ii ~~rcc~ - removed L. Approval of the attached list of rental housing license applications, in that they have met the requirements of the Property Maintenance Code. Motion to approve the items listed for rental housing license applications for November 23, 2009. M. Approve Business License Applications Motion to approve the items as listed on the business license agenda for November 23, 2009 as presented. N. Approve payment of the bills -removed Motion by Diehm, second by Kelzenberg, to approve the Consent Agenda items with the exception of items C, D, F, G, I4, I, J, K, N. Upon vote: All ayes. Motion carried. C. Adopt Resolution. 2009-191, being a Resolution canceling the Monday, December 28, 2009 City of Columbia Heights regular City Council meeting Nawrocki stated his concern that there has i~ot been much time spent discussing the budget. There will be a hearing at the first council meeting in December. Fehst stated there have been three preliminary meetings discussing the way to remove the need for state aid and the budget. We have met to review the Library, and Police Department budgets. Nawrocki asked if this will take the place of the Truth in Taxation meeting. Fehst stated that meeting is no longer a requirement. Nawrocki asked when the tax statements will be received. Fehst stated anticipation of Monday or Tuesday. City Council Minutes Monday, November 23, 2009 Page 3 of 12 Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2009-191, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2009-191, being a Resolution canceling the Monday, December 28, 2009 City of Columbia Heights regular City Council meeting. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. D. Approve Gambling Permit, Society for Creative Anachronism, Inc. to be held at Central Middle School, January 9, 2010 Nawrocki stated this request does not look like it comes from a Columbia Heights organization. Fehst stated that the background check found nothing prohibitive. He read a definition of Creative Anachronism and indicated that this is run through the Middle School. Peterson stated that this satisfies the City's requirement for a one time charitable gambling license. Diehm stated this is the study of the Middle Ages and Renaissance history. Motion by Kelzenberg, second by Williams, 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 gambling permit for the Society for Creative Anachronism, Inc. for a raffle to be held at an event at Central Middle School, 900 49th Avenue NE, Hilltop, Minnesota on January 9, 2010; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. Upon vote: All ayes. Motion carried. F: _Adopt Resolution 2009-188, being? a Resol»tion establishing Senior Citizens or Retired ~ Disabled Person Hardship Special Assessment Deferral Kevin Hansen, Public Works D?rector, stated this item is required by State Statute. This allows cities to offer deferment for properties based on income. It allows up to 50 percent of the assessment to be deferred. Seal coat projects do not qualify. In the last 12 years we have received very few applications. Nawrocki questioned how people could apply. Hansen stated this is included in the notices mailed to property owners. Motion by Nawrocki, second by Williams, to waive the reading of Resolution No. 2009-188, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2009-188, being a resolution retaining the maximum income of $29,000 for Senior or Retired and Disabled Persons to be eligible for special assessment deferral. Upon vote: All ayes. Motion carried. G. Adopt Resolution 2009-184, being a Resolution ordering_preparation of a report far the Zone 5 Street Rehabilitation Program, City Project No. 1002. Hansen stated that items G anal H are for the 2010 public improvement program. The road treatment program has run for the last 10 years. This request is for Zone 5, University and Central Avenues from 44`" to 48`". The seal coating program will be in Zone 4, which is north of 48`" Avenue between University and Central Avenues. Motion by Nawrocki, second by Williams, to waive the reading of Resolution No. 2009-184, there being ample copies available for the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki., second by Williams, to adopt Resolution 2009-184, being a Resolution ordering preparation of a report for the Zone 5 Street Rehabilitation Program, City Project No. 1002. City Council Minutes Monday, November 23, 2009 Page 4 of 12 Upon vote: All ayes. Motion carried. H. Adopt Resolution 2009-185, being a Resolution ordering_preparation of a report for the Zone 4 Street Seal Coat Program, City Project No. 1001 Motion by Nawrocki, second by Williams, to waive the reading of Resolution 2009-185, there being ample copies available for the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution 2009-185, being a Resolution ordering preparation of a report far the Zone 4 Street Seal Coat Program, City Project No. 1001. Upon vote: All. ayes. Motion carried. I. Emergency Repair of a Trunk Storm Sewer line at the 45th Avenue Mississippi River Outfall Hansen stated that storm water goes from our ponds underground to the City of Fridley. An 84 inch storm sewer line has failed. We have gone through the process to make emergency repairs. Since it is in the City of Fridley, they must plan, bid, and repair the line. The low bid of $116,000 was awarded last Monday. In our agreement we are responsible for about 66 percent of the repair. The request is to appropriate the cast from the Storm Water Utility fund. This is also a good time to look at the percentage of responsibility and areas not included, like Main Street and East River Road. Nawrocki referred to the line becoming smaller as it gets closer to the river and past line backups. Hansen stated that we have not had any recent backups since we have made improvements to address this, such as the reconstruction of 3ackson Pond. Nawrocki asked if the City of Hilltop has drainage that goes into this line. Hansen stated he would have to research this. They are not included in the existing agreement. Nawrocki indicated that the first bid was turned down. Hansen stated that hid was mover ~1 ~5_~(lft_ Motion by Diehm, second by Williams, ±o authorize funding from the Storr ~xlater Utility Fund for the Emergency Repair of the 84-inch Trunk Storm Sewer Line located near 45th Avenue at the Mississippi River for the City of Columbia Heights share of the total project cost and authorize the Mayor and City Manager to execute the MOU with the City of Fridley. Upon vote: All ayes. Motion carried. J. Adopt Resolutian 2009-186, being a Resolution a roving acquisition of 4303 Reservoir Blvd. Fehst stated the next two items are acquisition of homes as approved through the scattered site district, which also indicated the homes would be demolished. He listed the purchase requirements. The Reservoir Boulevard home cost is $52,500. This is a large lot with a 750 square foot home built in 1918. The house has structural deterioration, no walls, and holes in the ceiling. This home has served its useful life. The demolition bids will be around $10,000. Motion by Williams, second by Keizenberg, to waive the reading of Resolutian 2009-186, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2009-186, approving the acquisition of property located at 4303 Reservoir Blvd; furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. Nawrocki asked the cost to rehab the home. Fehst stated that we have been in over 40 homes and some can be repaired, but we only bring ones forward that fit the criteria. Nawrocki indicated that the resolution does not include criteria for demolition and questioned what budget line item this can be found under. Fehst stated the scattered site district funds. City Council Minutes Monday, November 23, 2009 Page 5 of 12 Deb Johnson, 4626 Pierce, requested to see pictures, which staff presented for viewing. Nawrocki indicated that purchase of these properties takes them off of the tax roles. Peterson read from the staff letter, which indicates that if this home were sold it would become rental property. The lot can be sold in the future with a higher value home and will generate more tax income. The intention is to improve neighborhoods by building new homes. Nawrocki again questioned rehabbing homes. Peterson stated that assessment is completed by the Building Official, Community Development Director and Assistant Community Development Director. Peterson indicated that he viewed the home and agrees it needs to be torn down. Williams stated that the neighborhood group approached him requesting we buy this home for demolition. They are thrilled with this purchase. Williams called for the question. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, abstain; Peterson, aye. 4 ayes - 1 abstention. Motion carried. K. Adopt Resolution 2009-192, being a Resolution approving acquisition of 4135 Jefferson Street Peterson read all of the requirements to purchase and demolish homes. Nawrocki indicated this information was not in the resolution. Fehst stated it was discussed at the meeting prior to resolution approval It is not our intention to rehab homes. This program is far the worst of the worst. Knocking this down will improve the neighborhood and bring in more taxes. Nawrocki stated that until it is gnld we are l~cin~ tax mnnPv Fehst stated this home is a~.~~ned by a bank and vie affered $32,500. Fehst described the deplorable conditions of the home and indicated that now someone has broken in and is living there. Motion by Williams, second by Diehm, to waive the reading of Resolution 2009-192, there being ample copies available to the public. Upon vote: Ail ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution 2009-192, approving the acquisition of property located at 4135 Jefferson Street NE; furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. Nawrocki questioned if a rehab cost estimate was received and do we know where the money is coming from. Peterson. again stated it comes from the Scattered Site District fund. Williams called for the question. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, abstain; Peterson, aye. 4ayes - 1 abstention. Motion carried. N. Approve payment of the bills Motion by Nawrocki to approve payment of the bills, with the exception of check 132620 to Auto World. Peterson called for a second. Motion died for lack of a second. Peterson. stated that two weeks ago we approved payment for AC Small Engines that was not removed. City Council Minutes Monday, November 23, 2009 Page 6 of 12 Motion by Kelzenberg, second by Diehm, to approve the payment of bills out of the proper funds as listed in the attached register covering Check Number 132495 through Check Number 132661 in the amount of $1,052,510.16. Nawrocki stated his reason to have one bill removed is that he goes by the official Conflict of Interest policy from the League of Minnesota Cities. This contract was authorized by staff and did not come to Council. If it had, and Councilmember Williams had abstained, he would have no problem with this. Since it was approved administratively, there should be a specific vote to give Williams the opportunity to abstain. Jim Hoeft, City Attorney, stated the Council, as a body, has approved the spending authority of the City Manager and this contract is within that limit, and therefore the City Council has approved the contract through authorization of the City Manager. He stated that Councilmember Williams has signed an affidavit for conflict of interest and it may be approved in that fashion. That information has been provided to the State Attorney General and Auditor's office and we may proceed to approve these contracts in this fashion. Nawrocki asked that, in accordance with. the City Charter, the City Attorney provide this opinion in writing. Hoeft stated that he will provide anything in writing that the Council, as a whole, requests. Nawrocki stated that any council member may request this information. Hoeft stated that the minutes of this meeting will be provided to him. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. Upon vote: All ayes. Motion carried. UTT~7 .T('' ~7P AR7Nf C A. Adopt Resolution 2009-187, 4648 Polk Street N.E. being a Resolution approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Fire Chief Gary Gorman stated this license is due and is up for revocation. Motion by Diehm, second by Nawrocki, to close the public hearing and to waive the reading of Resolution Number 2009-187 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution Number 2009-187 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 license listed. Upon vote: All ayes. Motion carried. B. Adopt Resolution 2009-189, 5000 Johnson Street N.E. being a declaration of nuisance and abatement of violations within the City of Columbia Heights. Gorman stated the property required securing for security and this is to approve that work. Nawrocki looked at the property and indicated he saw no plywood in place. Gorman stated that the property was secured with a lock. The clean up of the property continues. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution Number 2009-189 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution. Number 2009-189 being a City Council Minutes Monday, November 23, 2009 Page 7 of 12 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. Upon vote: All ayes. Motion carried. C. 2nd Reading: Approve Ordinance 1573, being an Ordinance to rezone 3701 Reservoir Blvd. from GB to R-2A. Motion by Kelzenberg, second by Williams, to waive the reading of Ordinance No. 1573, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adapt Ordinance No. 1573 approving the rezoning of the property located at 3701 Reservoir Boulevard from GB, General Business to R- 2A, One and Two Family Residential. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions -none B. Bid Considerations -none C. Other Business Nawrocki questioned if the current building access cards would allow access to the new public safety building. Fehst stated it will allow you into the public area. Nawrocki referred to comments in the green sheet regarding the budget article and his concerns delaying the newsletter. He stated that budget information should be complete with all revenue and expenses explained. He stated his disappointment on the lack of time spent on budget ~~c~niic~c~i~n ut rt-Ftrrtr~ to fl,t r~r~r~ncJt~ inert oct iict n'F ~i iris Ha~anrtc and stated that v:~e shot:ld U1J\+11JJ1 Vll. 11~. L~.1~.L1lJU lV I.11V tJl VrlV VU 11tV1VUJ\., UJV V1 11.t11U Ll L411.L11V ~.J. 141 talk about all of these items. The article on the new refuse contractor was good, but did not refer to the Costs. People should know there will be an increase. He questioned when the newsletter will be mailed. Fehst stated that it will be three to four days late. The newsletter has all the information requested. In the tuture any concerns should be brought up at a work session and agreed to by the Council, allowing the newsletter to be delivered on time. Nawrocki gave the history of the newsletter. Peterson stated it is a newsletter and is meant to give information high points. Fehst stated that the budget book is available at the library and at city hall. ADMIl~TISTRATIVE REPORTS Report of the City Manager Fehst stated that 40 to 50 youth are using the city gym in the after school program. We have asked the High School for a blended rate on the weight rooms, for people to use in the evenings. There has been a move to have the gyro open on the weekends. We have had a request to use it for soccer. We want to use the gym as much as possible. Peterson commended staff and officers for programs to use the gym and we continue to try and improve the use of it. Fehst described the gym usage, using the 5-6 grade basketball program as an example. Fehst indicated that the Police Chief has negotiated a higher rate for the liaison officer requested by School District #16, The contract is ready for signing. Hansen stated that plans for the pedestrian bridge have been submitted and we should know if they are accepted within. the week. Fehst commended Hansen.. Considering guidelines, City Council Minutes Monday, November 23, 2009 Page 8 of 12 procedures, and due dates, he has done an excellent job on this project. Hansen stated that we are required to obtain bids prior to the end of the year. Fehst stated that 80 percent of punch list items on the Public Safety building have been completed. The contingency is $49,202, including a $20,000 retainer for next year's unknowns. Nawrocki stated that the only gym usage numbers we receive are from police programs and he would like to see other usage numbers. On the contract with School District #16, we should use an existing officer to get a better handle on our budget. Nawrocki referred to his attendance at the Metro Regional meeting. Fehst stated they are doing what we did last year, regarding layoffs and furloughs. Nawrocki stated that does not carry over into this year. There is a lot more that can be done. Report of the City Attorney -nothing to report CITIZENS FORUM Peterson stated that the Public Safety Tribute Statue was dedicated last Wednesday and will be an asset to the community. The holiday kickoff party was a success. Don't forget our service men and women. Keep them in your prayers. Don't take yourselves to seriously, have a Happy Thanksgiving, and do a random act of kindness. ADJOLJ]ItNMENT iviaj%vr i ewi~vu au~vuiut,u ~u~ iiiee~iii~ a~ u. i v p.iii. atricia Muscovitz C ' y Clerk RESOLUTION N0.2009-191 BEING A RESOLUTION CANCELING THE CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETING OF MONDAY, DECEMBER 28, 2009 WHEREAS: The City of Columbia Heights offices are closed on Thursday, December 24, 2009 and Friday, December 25, 2009, and; WHEREAS: The City Council has agreed to cancel the regular Council meeting scheduled for Monday, December 28, 2009; NOW, THEREFORE, BE IT RESOLVED, that all interested parties be advised of this change. RESOLUTION NO. 2009-188 BEING A RESOLUTION ESTABLISHING SENIOR CITIZENS OR RETIRED AND DISABLED PERSONS HARDSHIP 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 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: City Council Minutes Monday, November 23, 2009 Page 9 of 12 1. 'This deferral procedure shall apply only to assessments which are payable in five or more annual installments. 2. This defer-al 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 defen•al 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. 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. 7. 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. 8. 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 $29,000. 1 i. No deferral may be continued from year to year unless the owner shall file a renewal application before September 15`h of each year. 12. No special assessment may be defer-ed 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 defer-ed assessments shat] be at the rate set by the Council iri its resolution adopting t17e 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. RESOLUTION NO.2009-184 BEING A RESOLUTION ORDERING PREPARATION OF A REPORT FOR THE ZONE 5 STREET REHABILITATION PROGRAM CITY PROJECT NO. 1002 WHEREAS, the City Council of Columbia Heights is proposing to rehabilitate local streets in Zone 5 that have not been rehabilitated under the street program. WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.01 1 to 429.11 1 (Laws 1953, Chapter 398, as amended), and Section 103B.201 to 103B.251, as follows: 1002 ZONE 5 STREET REHABILITATION PROGRAM NOW THEREFORE BE IT RESOLWED BY TI-IE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the proposed. improvements be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, the estimated cost of the improvement as recommended and. a description of the methodology used to calculate individual assessments for affected. parcels. RESOLUTION N0.2009-185 BEING A RESOLUTION ORDERING THE PREPARATION OF A REPORT FOR THE ZONE 4 STREET SEAL COAT PROGRAM CITY PROJECT NO. 1001 WHEREAS, the City Co~mcil of Columbia Heights is proposing to rehabilitate local streets in Zone 4 that have not been rehabilitated under the street program, and City Council Minutes Monday, November 23, 2009 Page 10 of 12 WHEREAS, the City Council. intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.11 l (Laws 1953, Chapter 398, as amended), and Section 103B.201 to 103B.251, as follows: 1001 ZONE 4 SEAL COAT PROGRAM NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, the estimated cost of the improvement as recommended and a description of the methodology used to calculate individual assessments for affected parcels. RESOLUTION N0.2009-186 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT FOR CERTAIN REAL PROPERTY LOCATED AT 4303 RESERVOIR BLVD NORTHEAST IN THE CITY AND ASSIGNMENT THEREOF TO THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY BE IT RESOLVED By the City Council (the "Council") of the City of Columbia Heights, Minnesota (the "City") as follows: Section 1. Recitals. 1.01. The Columbia Heights Economic Development Authority (the "Authority'°} administers the Downtown CBD Redevelopment Project (the "Project"} within the City, which was established under Minnesota Statutes, Sections 469.001 to 469.047 (the "HRA Act"). 1.02. The Authority has undertaken a program to acquire homes in the Project in order to address foreclosure problems and remediate and prevent the emergence of blight. 1.03. The City, as a state public body under Section 469.041 of the HRA Act, is authorized to make contributions to the Project. 1.04. In order to acquire certain properties in a timely fashion, the City has determined. to assist with. such acquisitions by negotiating with sellers and entering into purchase agreements on behalf of the Authority. 1..05. City staff have negotiated a Real Estate Purchase Agreement with Edina Realty (the "Seller") dated as of November 5, 2009, including all related addenda and disclosures thereto (collectively, the "Purchase Agreement"), for real property located at 4303 Reservoir Blvd Northeast and iegaliy described as foliows: Lot 4, Biock 4 Auditors Subdivision or Waltons Second. Subdivision (the "Property"}, which Purchase Agreement is contingent upon approval by the City Council. 1.06. The City intends to assign its interests in the Purchase Agreement to the Authority, contingent only upon acceptance by the Authority of such assignment. 1.07. The Purchase Agreement has been prepared and submitted to this Council and. is on file with the City Manager. Section 2. Approval and Assi ng ment. 2.01. The Purchase Agreement for the Property is hereby approved, and the execution of the Purchase Agreement by the City is hereby ratified. Pursuant to the Purchase Agreement, the City will purchase the Property for $52,500. City staff and officials are authorized and directed to take all such other actions to complete the purchase of the Property, including without limitation execution of all documents and agreements related to such transaction. 2.02. Contingent upon approval of the Authority, the City hereby assigns its interests in the Purchase Agreement to the Authority. City staff and officials are authorized and directed to take all such other actions to complete the assignment of the City's interests in the Purchase Agreement to the Authority, including without limitation execution of any documents and. agreements necessary to effectuate such assignment. RESOLUTION N0.2009-192 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT FOR CERTAIN REAL PROPERTY LOCATED AT 4135 JEFFERSON STREET NORTHEAST IN THE CITY AND ASSIGNMENT THEREOF TO THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY BE IT RESOLVED By the City Council (the "Council") of the City of Columbia Heights, Minnesota (the "City") as follows: Section 1. Recitals. 1.01. The Columbia Heights Economic Development Authority (the "Authority") administers the Downtown CBD Redevelopment Project (the "Project") within the City, which was established under Minnesota Statutes, Sections 469.001 to 469.047 (the "HRA Act"). 1.02. The Authority has undertaken a program. to acquire homes in the Project in order to address foreclosure problems and remediate and prevent the emergence of blight. City Council Minutes Monday, November 23, 2009 Page 11 of 12 1.03. The City, as a state public body under Section 469.041 of the HRA Act, is authorized to make contributions to the Project. 1.04. In order to acquire certain properties in a timely fashion, the City has determined to assist with such acquisitions by negotiating with sellers and entering into purchase agreements on behalf of the Authority. 1.05. City staff have negotiated a Real Estate Purchase Agreement with Bank of America (the "Seller") dated as of Juiy 1, 2009, including all related addenda and disclosures thereto (collectively, the "Purchase Agreement"), for real property located 4135 Jefferson Street Northeast and legally described as follows: Lot 24, Block 43 Columbia Heights Annex (the "Property"), which Purchase Agreement is contingent upon approval by the City Council. 1.06. The City intends to assign its interests in the Purchase Agreement to the Authority, contingent only upon acceptance by the Authority of such assignment. 1.07. The Purchase Agreement has been prepared and submitted to this Council and is on file with the City Manager. Section 2. Approval and Assignment. 2.01. The Purchase Agreement for the Property is hereby approved, and the execution of the Purchase Agreement by the City is hereby ratified. Pursuant to the Purchase Agreement, the City will purchase the Property for up to $40,000. City staff and officials are authorized and directed to take all such other actions to complete the purchase of the Property, including without limitation execution of all documents and agreements related to such transaction. 2.02. Contingent upon approval of the Authority, the City hereby assigns its interests in the Purchase Agreement to the Authority. City staff and afficials are authorized and directed to take all such other actions to complete the assignment of the City's interests in the Purchase Agreement to the Authority, including without limitation execution of any documents and agreements necessary to effectuate such assignment. RESOLUTION 2009-18'7 Resolution of the City Council. far the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section SA.408(A) of that certain residential rental license held by William Wall (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4648 Polk Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on November 6, 2009 of an public hearing to be held on November 23, 2009. Naw, therefare, in accordance with the foregoing, and all. ordinances and reguIatians of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about September 15, 2009 inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed. by regular mail to the owner at the address listed in the property records. 2. That on November 6, 2009 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 awner 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 renewal rental license application and fees and failure to schedule a rental housing 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 ILI 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 F9299 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 45 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2009-189 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 Genevieve V. Kuppe (Hereinafter "Owner of Record"). City Council Minutes Monday, November 23, 2009 Page 12 of 12 Whereas, the owner of record is the legal owner of the real property located at 5000 Johnson Street N.E. Colwnbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8?06, 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 October 28, 2009. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Colwnbia Heights Makes the following: FINDINGS OF FACT 1. That on October 28, 2009 the Fire Department and Police Department personnel were performing an abatement action at the property. After the property was cleaned up and the abatement was completed, personnel could not leave the structure unsecured. The Fire Chief ordered an immediate abatement and that the building be secured. The Fire Chief ordered DuAll Services to respond to the scene and secured the building with plywood. 2. That on October 28, 2009 the Fire Department sent statement of cause to the registered owner of the property at the address listed in the Anoka County Property Records database. 3. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: Approve the immediate abatement of the hazardous situation. located at 5000 Johnson Street N.E. 4. 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 5000 Johnson 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 may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 5000 Johnson 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. ORDINANCE 1573 BEING AN ORDINANCE PERTAINING TO ZONING AND DEVELOPMENT ORDINANCE NO. 1428, PERTAINING TO REZONING OF A CERTAIN PROPERTX LOCATED AT 37Q1-d5 RESERVOIR BOULEVARD NE SECTION 1: WHEREAS, the current zoning classification of the property does not allow asingle-family use as a permitted used; and WHEREAS, the historic use of the property has been single-family occupancy, which caused the use to be legally nonconforming under the current zoning classification; and WHEREAS, the previous single-family use was discontinued for more than one year, causing the legal nonconforming status to terminate, WHEREAS, ~°ezoning the subject parcel from GB, General Business to R-2A, One and Two Family Residential provides the re- occupancy of the subject parcel to its historic use; and WHEREAS, the rezoning is consistent with the City Comprehensive Plan, and is in the public interest and not solely for the benefit of a single property owner; and. WHEREAS, the proposed zoning classification of the property is compatible with the surrounding zoning classifications and. uses, and BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of the proposed rezoning from GB, General Business District to R-2A, One and Two Family Residential. SECTION 2: This ordinance shall be in full force and effect from and after 30 days after its passage.