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HomeMy WebLinkAbout11/22/2010 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, NOVEMBER 22, 2010 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, November 22, 2010 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Associate Pastor Jeremiah Rice, Oak Hill Baptist Church, gave the Invocation. Present: Mayor Peterson, Council member Williams, Council member Nawrocki, Council member Diehm, Council member Kelzenberg PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed Resolution No. 2010 -121, as the property has been brought into compliance. Nawrocki requested discussion on the city annual lunch, the budget, a letter regaring sump pump inspections, and a report on the LMC regional meeting. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS — Marlaine Szurek, Library Foundation Representative, stated that on December 5 beginning at 1:00 p.m. the library will hold their annual holiday fundraising event, the Miracle on 34 Street film classic, at the Heights Theater. This fund raiser is to pay for a future library building. The "First Four" will sing at the event. The Foundation brochure asking for donations will be distributed. Peterson thanked the Library Foundation for their hard work. A representative of the Star Bar indicated that they raised over $1,000 at the door and $500 at a silent auction for the SACA food shelf. Food and clothing barrels will be available to drop donations for the next month. Peterson thanked them for their hard work. CONSENT AGENDA Nawrocki requested to approve items A, E, N, P under the Consent Agenda. A. Approve minutes of the City Council meeting. Motion to approve the minutes of the November 8, 2010 City Council meeting. B. Establish a closed Executive Session for the purpose of labor negotiations on Monday, November 29, 2010 at 7:00 p.m. in Conference Room 1. preceding the Work Session. - removed C. Adopt Resolution 2010 -129, being a resolution canceling the Monday December 27, 2010 City Council meeting. - removed D. Approve Transfer of Funds from General Fund to Police Dept Budget re JAG I Grant Overtime Reimbursement - removed E. Final Payment for Miscellaneous Concrete Project #0900 Motion to accept the work for 2009 Miscellaneous Concrete Repairs and Installations, City City Council Minutes Monday, November 22, 2010 Page 2 of 15 Project #0900 and authorize final payment of $2,367.16 to Ron Kassa Construction, Inc. of Elko, Minnesota. F. Approve Final Payment for 2008 Street Improvement Projects - removed G. Adopt Resolution 2010 -127 Accepting the Feasibility Report for Zone 5 Street Seal Coat and Ordering the Public Improvement Hearing, City Project No. 1101 - removed H. Resolution 2010 -128 Accepting the Feasibility Report for Zone 6 Street Rehabilitation and Ordering the Public Improvement Hearing, City Project No. 1102 - removed I. Acceptance of a State OES HVAC Improvement Grant in the Amount of $42,000 - removed J. Authorize Change Order No. 1 and Final Payment for the Sanitary Sewer Pipe Bursting on Central Avenue, Project #0813 - removed K. Adopt Resolution 2010 -115, being a Resolution establishing senior citizens or retired & disabled person hardship special assessment deferral. - removed L. Acceptance of Park Master Plans and Authorization to Proceed with Construction Plans for Ramsdell Park - removed M. Approve Refuse Service Contract Amendment #1 - removed N. Approval of the attached list of rental housing licenses. Motion to approve the items listed for rental housing license applications for November 22, 2010 in that they have met the requirements of the Property Maintenance Code. O. Approve Business License Applications - removed P. Approve payment of the bills. Motion to approve payment of the bills out of the proper funds, as listed in the attached check register covering Check Number 136943 through 137081 in the amount of $1,802,690.00. Motion by Nawrocki, seconded by Diehm, to approve Consent Agenda items A, E, N, and P. Upon vote: All ayes. Motion carried. B. Establish a closed Executive Session for the purpose of labor negotiations on Monday, November 29, 2010 at 7:00 p.m. in Conference Room 1, preceding the Work Session. Fehst stated we will establish a "0" increase in wages, even though insurance rates will increase 42 percent. Nawrocki requested copies of the labor contracts before the executive meeting. He referred to LMC information on Labor Negotiations, which should go to the appropriate people. Motion by Diehm, second by Kelzenberg, to establish a closed Executive Session for the purpose of labor negotiations on Monday, November 29, 2010 at 7:00 p.m. in Conference Room 1, preceding the Work Session. C. Adopt Resolution 2010 -129, being a resolution canceling the Monday December 27, 2010 City Council meeting. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution No. 2010-129, there City Council Minutes Monday, November 22, 2010 Page 3 of 15 being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution 2010 -129, being a Resolution canceling the Monday, December 27, 2010 City of Columbia Heights regular City Council meeting. Nawrocki stated his opposition to cancelling this meeting, as there will be sufficient items to discuss. Upon vote: Kelzenberg, aye, Williams, aye, Diehm, aye, Nawrocki, Nay, Peterson aye 4 ayes — 1 nay. Motion carried. D. Approve Transfer of Funds from General Fund to Police Dept Budget re JAG I Grant Overtime Reimbursement Diehm stated that this is money from the county and is being transferred to the Police budget. Motion by Diehm, second by Kelzenberg, to transfer $13,096.83, the amount of money received from Anoka County as reimbursement for overtime under the JAG I grant for the first half of 2010, from the General Fund to the Police Department 2010 Budget line as follows: $8,000.00 to line item 1023 Overtime -Other (POP OT) and $5,096.83 to line item 1020 Overtime. Nawrocki asked what the money will go for. Fehst stated it is reimbursement for employee time worked. Upon vote: All ayes. Motion carried. F. Approve Final Payment for 2008 Street Improvement Projects Kevin Hansen, Public Works Director, stated that the work on University Avenue has been completed. Nawrocki asked what work was removed from that project, with the deductions of $34,000. Hansen stated that was for item E, concrete work. The reduction was for work that was not moved forward. Motion by Diehm, second by Kelzenberg, to accept the Engineer's Report of Final Acceptance for the 2008 Street Improvement Projects, City Project Number 0602, 0802, and 0808 and authorize Final Payment of $12,407.80 to Midwest Asphalt Corporation of Hopkins, Minnesota. Upon vote: All ayes. Motion carried. G. Adopt Resolution 2010 -127 Accepting the Feasibility Report for Zone 5 Street Seal Coat and Ordering the Public Improvement Hearing, City Project No. 1101 Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2010 -127, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Nawrocki requested a description of the area and the anticipated costs. Hansen stated this is an annual program for street work and he described the area included in Zone 5. This item will establish a public hearing for December 6 Hansen referred to a map of the area completed in 2010. Nawrocki stated that some people in that area will be assessed again next year. Nawrocki indicated that there will be an informational hearing on December 1. Hansen stated that will be to answer questions on the annual street rehab program. In 2011 construction will be in Zone 6. This is the second round of rehab and is not a large area. There will be intensive work on 4 Street and 6 Street, with significant utility work and sanitary sewer issues due to water infiltration. There will be an informational meeting on December 1 to discuss the proposed project and a public improvement City Council Minutes Monday, November 22, 2010 Page 4 of 15 hearing on December 6th Motion by Williams, second by Kelzenberg, to adopt Resolution 2010 -127, being a resolution accepting the feasibility report for Zone 5 Street Seal Coat City Project No. 1101 and ordering the Public Improvement Hearing beginning at 6:30 p.m. on December 6, 2010. Upon vote: All ayes. Motion carried. H. Resolution 2010 -128 Accepting the Feasibility Report for Zone 6 Street Rehabilitation and Ordering the Public Improvement Hearing, City Project No. 1102 Motion by Williams, second by Kelzenberg to waive the reading of Resolution 2010 -128, there being ample copies available for the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2010 -128, being a resolution accepting the Feasibility Report for Zone 6 Street Rehabilitation, City Project No. 1102, and ordering the Public Improvement Hearing beginning at 6:45 p.m. on December 6, 2010. Upon vote: All ayes. Motion carried. L Acceptance of a State OES HVAC Improvement Grant in the Amount of $42,000 Motion by Williams, second by Kelzenberg, to accept a 2010 State of Minnesota OES Grant in the amount of $42,000 for HVAC Improvements at City Hall, Public Works and the Library, and authorize the Mayor and City Manager to enter into an agreement for the same; and to appropriate $14,000 in fund 411 for the cost share portion of the City Hall boiler replacement. Nawrocki questioned the amount of local money used for this. Hansen stated this is a 50 -50 match. In 2010 two buildings were budgeted for boiler replacement. This includes removal and new high efficiency boilers. The City Hall boiler was added because of its age and condition. Nawrocki asked what fund 411 is. Hansen stated it is the general buildings fund. Fehst stated that the grant meets the standards to receive back energy efficiency costs. He commended Hansen on obtaining this grant money. Upon vote: All ayes. Motion carried. J. Authorize Change Order No. 1 and Final Payment for the Sanitary Sewer Pipe Bursting on Central Avenue, Project #0813 Motion by Williams, second by Kelzenberg, to authorize Change Order No. 1 for water main relocation and restoration work, City Project #0813, to Ellingson Companies in the amount of $49,103.00 to be funded from Sanitary Sewer Fund. Nawrocki stated there is about a $50,000 increase over the original contract. Hansen stated the change order is because at the north end of the project we hit a water main that was lying on top of the sewer line. To complete the work we needed to physically relocate the water main at a cost of $24,000 and replace the asphalt that was removed do to the work. We under estimated the cost to restore the pavement at the businesses affected. Funding is through the K -Mart TIF. Nawrocki stated that the high rise is having financial problems and questioned if they are paying their property taxes. If not, what is the alternative to fund this project? Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to accept the work for Sanitary Sewer Pipe Bursting, City Council Minutes Monday, November 22, 2010 Page 5 of 15 City Project #0813 and authorize final payment of $77,599.66 to Ellingson Companies. Upon vote: All ayes. Motion carried. K. Adopt Resolution 2010 -115, being a Resolution establishing senior citizens or retired & disabled person hardship special assessment deferral. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2010 -115, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2010 -115, being a resolution retaining the maximum income of $29,000 for Senior or Retired and Disabled Persons to be eligible for special assessment deferral Nawrocki stated that in past years there was an increase and questioned why it is staying the same this year. Hansen stated this maintains the same threshold as utility billing. Fehst stated there has only been one occasion, in his memory, where this program has been used. Nawrocki stated that in the long range this is expensive, but in the short range it is cheaper. Upon vote: All ayes. Motion carried. L. Acceptance of Park Master Plans and Authorization to Proceed with Construction Plans for Ramsdell Park Motion by Kelzenberg, second by Williams, to authorize Brauer and Associates to prepare final construction plans and specifications based on the Master Plan for Ramsdell Park in the amount of $12,000. Nawrocki stated that when this project first came to Council there were concerns by adjacent residents. There should be a public hearing before this is decided. Hansen stated that is part of the process and was done through the Park and Recreation Commission. There have been meetings and their commentary has been taken into consideration. The basketball court will not be included and a skating rink may be possible in the future. Planning work will continue for the next two months and will be brought back to the Council. Nawrocki indicated that residents should see the master plan before more engineering costs are incurred, as it has been two to three years since they saw this. Hansen stated it was presented in 2008. Peterson asked if the residents have been involved. Hansen stated that we had excellent participation. Fehst stated that we removed the basketball court at their request and there is not funding available for the skating rink. The residents have seen this plan. Peterson stated that the Park and Recreation Commission wishes to move this project forward to accomplish it within the next year. Fehst stated that we received park equipment through a grant and need to get this in place. Motion to amend by Nawrocki to delay further engineering services until there is a public hearing with the residents. Peterson called for a second to the motion. Motion died for a lack of as second. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes, 1 nay. Motion carried. M. Approve Refuse Service Contract Amendment #1 Motion by Kelzenberg, second by Williams, to approve the contract amendment #1 for Refuse, City Council Minutes Monday, November 22, 2010 Page 6 of 15 Recycling, and Yard Waste, with Veolia Environmental Solid Waste Services. Hansen stated that with the new vendor providing service and the more expensive mandated yard waste bags residents have requested the option of a yard waste cart. Under the contract amendment a 96 gallon cart would be available if requested by a property owner at the cost of about $48 a year. This was published in our city newsletter. The current contract allows the contractor to bill for excess garbage, which does not make sense as the city pays for the dumping of excess garbage. Nawrocki stated that yard waste is only picked up one half of the year and they will be billed for the entire year. Diehm stated this is a voluntary program. Hansen indicated that we will work with Viola to monitor excess trash and get an accurate reporting of the problem. Upon vote: All ayes. Motion carried. 0. Approve Business License Applications Nawrocki indicated concern that a smoke shop license renewal is for a different address on 40 Avenue that was originally approved for Central Avenue. This should have been brought to Council for approval at this location rather than receiving administrative approval. He questioned if seating and parking meets code. He requested more information on this. Fehst this is properly zoned and meets our ordinance requirements. Motion by Nawrocki to remove the referenced smoke shop license. Diehm questioned what basis there was to remove this license. Nawrocki questioned if it meets our requirements. Peterson stated this was approved by our Community Development Department as it meets all requirements. Peterson called for a second to the motion. Motion died for lack of a second. Motion by Diehm, second by Kelzenberg, to approve the items as listed on the business license agenda for November 22, 2010 as presented. Upon vote: Kelzenberg, aye; Williams, abstain; Diehm, aye; Nawrocki, aye; Peterson, aye. 4 ayes —1 abstention. Motion carried. PUBLIC HEARINGS A. Adopt Resolutions 2010 -116, 3809 Buchanan Street N.E., 2010 -117, 1301 -03 Circle Terrace Blvd. N.E., 2010 -120, 563 38th Avenue N.E., 2010 -121, 4056 -58 5th Street N.E., 2010 -123, 1468 Lincoln Terrace N.E., and 2010 -124, 999 41st Avenue N.E., Apt. #320 being Resolutions of the City Council of the City of Columbia Heights approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Fire Chief Gary Gorman indicated the reason for revocation of each property. Kelzenberg questioned allowing rentals at 999 41 Avenue and ask if this address was grandfathered in. Gorman stated that there are a handful of rentals at the condos that have been there for about 10 years. Nawrocki requested an additional inspection of the Circle Terrace property, as a piece of the fence has been knocked over. Motion by Diehm, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution Numbers 2010 -116, 117, 120, 123, and 124 being ample copies available to the City Council Minutes Monday, November 22, 2010 Page 7 of 15 public. Upon vote: All ayes. Motion. Motion by Diehm, second by Kelzenberg, to adopt Resolution Numbers 2010 -116, 117, 120, 123, and 124 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental licenses listed. Williams stated that this is a long list of rental licenses and asked how many more there are this year than last year. Gorman stated it is hard to say, as some are lost to foreclosure and some are gained. In the last two years we have over 100 new rental properties. Upon vote: All ayes. Motion carried. B. Adopt Resolutions 2010 -125. 5001 5th Street N.E. and 2010 -126. 3841 3rd Street N.E. being declarations of nuisance and abatement of violations within the City of Columbia Heights. Gorman stated the reasons for the abatement requests. The 3` Street address is commercial property and requires hard surface parking. This was previously tagged, but the property was sold and the tag was not disclosed to the new owner. They will receive a seasonal extension. Peterson questioned if the owner does not surface the area in spring, will we order the work done. Gorman stated that we could, but this motivates the owner to do it. Nawrocki stated that if we did the work, the property would be assessed. Nawrocki requested the property be inspected for outside storage. Motion Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution Numbers 2010 -125 and 126 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution Numbers 2010 -125 and 126 being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions - none B. Bid Considerations - none C. New Business and Reports Nawrocki requested to know the dollar amount for the employee lunch as Council has voted to not cover food or travel. Fehst stated that is a misread of the motion, which was only regarding out of pocket costs. Diehm suggested that motion be posted in the Council Chambers, as it is quoted a lot.. Hansen stated the amount will need to be calculated. Nawrocki stated he would bring in a check. Condemnation award, analysis and recommended settlement, City Project 0906 - Gateway Pedestrian Bridge. Motion by Kelzenberg, second by Williams, to settle the land acquisition of property at 4849 Central Avenue at $203,000 following the Condemnation Commissioners award and State Law requirements. The total cost would be $350,000. Diehm stated this is to accept the offer and not go to trial. City Council Minutes Monday, November 22, 2010 Page 8 of 15 Nawrocki stated that ultimately these are tax dollars and the bridge gets more and more expensive. Upon vote: All ayes. Motion carried. ADMINISTRATIVE REPORTS Report of the City Manager Fehst stated that the final budget meeting will be held on December 13. Discussion at the November 29 work session will include: Murzyn Hall rental rates, replacing water meter read batteries, Zone 6 street rehab, and the 2011 budget. With changes to the Legislature, local government aid is going away. It was a bold move by Council to set a plan to deal with this and was recognized by our bond agency with a two point higher rating. Council has established a four year budget plan to remove the need for this aid and maintain service levels. Diehm requested property tax comparisons with similar properties in the City of Minneapolis. Fehst stated that Minneapolis taxes are increasing twelve percent. In Columbia Heights the percentage of city tax this year will be 4.3 %, 9.5% from the county, and 5.5% from the school levy. Nawrocki indicated that of the 21 communities in Anoka County, 15 have lower taxes on homes than we do. He stated that his property tax, if he lived in Fridley, would be $300 -400 less. Minneapolis may be higher, but the suburbs are lower; ours are out of line. He has requested a list from staff of a reduction in expenditures to equal a zero increase in the property tax levy and no use of fund reserves. We spent very little time on the budget and no time on individual department budgets. We received a slick presentation that did not relate to expenditures. Council did reduce the proposed budget from eight percent to four percent, but that still represents an increase. Fehst stated that the Citizens League report shows we are in the bottom quarter of taxes. Peterson requested information from other communities for a comparison. Diehm stated it is not fair to compare us to areas further out of the metro, but should include first ring suburbs and the city of Minneapolis. More information is always good. Nawrocki referred to the LMC meeting discussion on the impact of baby boomers on property taxes. He referred to a letter received on the sump pump program. Hansen stated he just received a copy and will work with this resident on her request. Report of the City Attorney — nothing to report CITIZENS FORUM Betty Super, 1301 Circle Terrace, stated the problem she is having getting a response to plumbing issues from her landlord, Steven Elliot. Gorman indicated that the rental license was revoked today, as he has not submitted his rental license application. Following receipt of the application, an inspection will be done. Diehm stated that this means he is not responding to us either. Gorman stated that the tenants will see a posting on their building and receive a letter stating that the rental license was revoked. Fehst stated that will begin the leverage to get the work done. DeWayne Morrell, 4212 Reservoir Blvd., questioned if this could be an abatement issue where we bring in plumbers to fix the problems. Gorman stated that we were not aware of interior problems. We can do a complaint inspection on the property. Fehst requested she leave her infottnation for follow up. City Council Minutes Monday, November 22, 2010 Page 9 of 15 Rodney Diggens, 4634 Tyler, indicated health and damage issues they have in their three apartment complex. Their landlord is not responding to the issues and he asked for the City's assistance. Goinian stated this property was on the agenda for revocation regarding a complaint of bed bugs. The owner has had an exterminator at the property and the extermination process has begun program so the revocation was removed from the agenda. The owner indicated that initially the tenants would not allow him in unit 4. Fehst questioned City Attorney Jim Hoeft on what recourse the tenants have through Anoka County. Hoeft indicated that we have an excellent rental housing program that works well, but we have to be told about problems before they can be addressed. Now that the Fire Chief is aware of the issues they will be followed up on. Residents need to understand that talking to the owner and the city are two different things. We are receptive to going out to inspect properties. This is the first we have heard of these issues and will handle them in our normal system. Hoeft indicated the City could not give anything that could be construed as legal advice. There are services available through Hennepin and Anoka Counties, depending on the circumstances. Legal aid is also available. Nawrocki asked if the tenants have a list of their complaints. Diggens indicated that he did and again referenced the inadequacies to control the bed bug infestation. Gorman referred to the action taken by the landlord to abate the issue, which he was required to provide receipts to prove the action taken. Gorman stated that this type of infestation cannot be removed in one extermination visit. Tomica Hunter, 4634 Tyler, #202, also referenced complaints about her rental unit. Peterson stated that we can have our staff do a complaint inspection, but it takes both sides to work on this type of infestation. Hoeft stated appreciation for the tenant's frustration, but acknowledged that other than the infestation we did not know of any other issues. We will go out and do an inspection. If issues need to be corrected, we will follow up. Peterson requested that this process move rapidly. Gorman indicated that there are landlord /tenant handbooks available in the lobby of the Public Safety building. Nawrocki listed upcoming Council meetings: November 29 Council work session, December 1 Public Information Hearing, December 6 Public Improvement Hearing, and the December 13 Council meeting. Diehm indicated there will be a reception prior to the December 13 meeting to honor Council member Kelzenberg for his service to our city. DeWayne Morrell requested clarification on what the City is doing with homes they are purchasing. Fehst indicated that he would have Community Development Director Clark respond to this question. Morrell stated that he had requested a copy of the liquor store profit and loss statements; he suggested that liquor store profits go toward an accelerated payment of the construction bonds. Fehst stated that bonds cannot be prepaid for eight years; the liquor stores are doing very well and that will be a matter for consideration. Morrell questioned if the City is planning to build a new library. Fehst stated there is a non - profit Library group raising money for a new library. Diehm stated that this is a non - profit group that is separate from the City. Nawrocki stated that the gross profit does not include the debt service, but includes the depreciation. He indicated another city that is refinancing their bonds, decreasing the interest rate almost by one -half. Fehst stated that we will look at this and see if there is the required savings available. Diehm wished all residents a safe and Happy Thanksgiving and wished Mayor Peterson a Happy Birthday. Peterson stated that SACA, our food shelf, needs all the help they can get and asked if residents can spare time /money /food, to please do so. SACA can take a dollar (monetary donation) and make more of it than we can. Hoeft indicated that SACA can purchase food from $.02 to $.04 a pound. City Council Minutes Monday, November 22, 2010 Page 10 of 15 ADJOURNMENT Peterson stated: Remember our service men and women — this time of year it is even more important when they are away from their families. Nawrocki indicated that the Lions Club will match up to $500 in donations to SACA for Christmas. Peterson stated: Don't take yourself too seriously, and do a random act of kindness. He wished everyone a Happy Thanksgiving. Mayor Peterson adjourned the meeting at 8:54 p.m. Patricia Musco tz CM ity Clerk RESOLUTION NO. 2010-129 BEING A RESOLUTION CANCELING THE CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETING OF MONDAY, DECEMBER 27, 2010 WHEREAS: The City of Columbia Heights offices are closed on Thursday, December 23, 2010 and Friday, December 24, 2010, and; WHEREAS: The City Council has agreed to cancel the regular Council meeting scheduled for Monday, December 27, 2010; NOW, THEREFORE, BE IT RESOLVED, that all interested parties be advised of this change. RESOLUTION 2010 -127 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR ZONE 5 STREET SEAL COAT AND ORDERING THE PUBLIC IMPROVEMENT HEARING CITY PROJECT NO. 1101 WHEREAS, the City Council has adopted a Street Rehabilitation Program which divides the City into seven zones, and WHEREAS, pursuant to Resolution 2010 -86, a report has been prepared by the Director of Public Works with reference to the Zone 5 Street Seal Coating Program, and WHEREAS, Zone 5 is bounded by University Avenue and Central Avenue /Monroe Street, from 44 Avenue to 48 Avenue, and WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost effective, and Said report is hereby received by the City Council of Columbia Heights on November 22, 2010. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $146,800. 2. A public hearing shall be held on such proposed improvement on the 6 day of December, 2010, in the City Council Chambers at 590 40 Avenue N.E. at 6:30 P.M. and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. RESOLUTION 2010 -128 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR ZONE 6 STREET REHABILITATION AND ORDERING THE PUBLIC IMPROVEMENT HEARING, CITY PROJECT NO. 1102 WHEREAS, the City Council has adopted a Street Rehabilitation Program which divides the City into seven zones, and WHEREAS, pursuant to Resolution No. 2010 -87, a report has been prepared by the City Engineer with reference to the Zone 6 area of the Street Rehabilitation Program, and WHEREAS, Zone 6 is bounded by University Avenue and Central Avenue, from 40 Avenue to 44 Avenue, and WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost effective, and Said report is hereby received by the City Council of Columbia Heights on November 22, 2010. . NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1, The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting or benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $731,300. City Council Minutes Monday, November 22, 2010 Page 11 of 15 2. A public hearing shall be held on such proposed improvement on the 6th day of December, 2010, in the City Council Chambers at 590 40 Avenue N.E. at 6:45 p.m. and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. RESOLUTION NO. 2010-115 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: 1. This deferral procedure shall apply only to assessments which are payable in five or more annual installments. 2. This deferral procedure shall apply only to property owned and occupied by the elderly, retired, or disabled applicant. Ownership and occupancy must be the same nature as would qualify the applicant for a homestead exemption for tax purposes. 3. This deferral procedure shall apply only to homestead property owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for which it would be a hardship to make payments. Permanent and total disability shall have the same definition for purposes of assessment deferral as is used for social security purposes. 4. This deferral procedure shall not be construed as to prohibit the determination of hardship on the basis of exceptional and unusual circumstances not covered by the standards and guidelines herein so long as determination is made in a nondiscriminatory manner and does not give the applicant an unreasonable preference or advantage over other applicants. 5. In order to obtain a deferral of an assessment, the homeowner must make application on the forms prescribed by the City Clerk. 6. 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. 9. No deferral shall be granted to any owner who has a gross annual household income from all sources in excess of $29,000. 10. No deferral may be continued from year to year unless the owner shall file a renewal application before September 15` of each year. 12. No special assessment may be deferred for a period longer than the time set by the Council as the time over which the project is to be assessed. 13. Interest on deferred assessments shall be at the rate set by the Council in its resolution adopting the assessment roll, and such interest shall be added to the amount deferred and shall be paid in accordance with Minnesota Statute 435.195 and this Resolution. RESOLUTION 2010 -120 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Mario Gutierrez (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 563 38 Avenue N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.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 4, 2010 of an public hearing to be held on November 22, 2010 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 City Council Minutes Monday, November 22, 2010 Page 12 of 15 1. That on or about September 15, 2010, 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 4, 2010 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 rental license renewal application and fees. 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 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F10104 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 2010 -123 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Isidro Garcia (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 1468 Lincoln Terrace N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.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 4, 2010 of an public hearing to be held on November 22, 2010 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 or about September 15, 2010, 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 4, 2010 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 rental license renewal application and fees. 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 5A, Article 111 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F10248 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 2010 -124 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Thomas Wasik (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 999 41 Avenue N.E., Unit #320, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.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 4, 2010 of an public hearing to be held on November 22, 2010 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, November 22, 2010 Page 13 of 15 FINDINGS OF FACT 1. That on or about September 15, 2010, 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 4, 2010 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 rental license renewal application and fees. 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 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F10007 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 2010 -116 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Terrence F. Jones (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 3809 Buchanan Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.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 8, 2010 of an public hearing to be held on November 22, 2010. 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 or about September 15, 2010, 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 8, 2010 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 renewal rental license application and fees and failure to schedule an annual rental relicensing 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 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number FE- 3809 -09 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 2010 -117 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Steve Elie (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 1301 -03 Circle Terrace Blvd. N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article 1V, Section 5A.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 4, 2010 of an public hearing to be held on November 22, 2010 City Council Minutes Monday, November 22, 2010 Page 14 of 15 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 or about September 15, 2010, 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 snail to the owner at the address listed in the property records. 2. That on November 4, 2010 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 rental license renewal application and fees. 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 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F9960 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 2010 -125 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 Margaret C. Barnett (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 5001 5 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 October 13, 2010. 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 August 26, 2010 and September 3, 2010 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 13, 2010 inspectors reinspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on November 12, 2010 inspectors reinspected the property and found that 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, shall repair /replace damaged garage door, shall sod /seed /landscape all bare areas in back. 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 5001 5 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 5001 5th 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. RESOLUTION 2010 -126 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 American Bank of the North (Hereinafter "Owner of Record "). City Council Minutes Monday, November 22, 2010 Page 15 of 15 Whereas, the owner of record is the legal owner of the real property located at 3841 3` 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 October 15, 2010. 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 December 28, 2007 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 15, 2010 inspectors reinspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on November 15, 2010 inspectors reinspected the property and found that 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 crushed rock parking areas and driveways and shall install hard surface parking areas. 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 3841 3rd 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 3841 3` 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.