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HomeMy WebLinkAbout05/29/2012 Regular Meeting CITY OF COLUMBIA HEIGHTS Mayor Gary L.Peterson 590 40"'Avenue NE,Columbia Heights,MN 55421-3878 (763)706-3600 TDD(763)706-3692 Councilmembers Visit our website at:www.ci.columbia-heishts.mn.us Robert A. Williams Bruce Nawrocki Tammera Diehm Donna Schmitt City Manager Walter R.Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Tuesday,May 29 ,2012 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. 1 he City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in,its services,programs,or activities. Upon request,accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights'services,programs,and actin ities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763-706-3611,to make arrangements.(TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Dana Caraway, Church of All Nations 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA (The Council,upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION,ANNOUNCEMENTS -none 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve minutes of the May 14, 2012 City Council meeting. p6 MOTION: Move to approve the minutes of the May 14, 2012 City Council meeting. B. Approve Transfer of Funds for Safe and Sober grant reimbursement and AHDTF Overtime grant reimbursement from General Fund to Police Dept Overtime Line Item#1020 p20 MOTION: Move to transfer the following from the General Fund to the Police Department 2012 Budget, Overtime Line Item 1020: $6,214.16, the amount of money received from Coon Rapids, the grant administrator for the Safe and Sober program; and$2,000, the amount of money received from Anoka County as partial reimbursement for the department's AHDTF Officer. C. Approve Transfer of Public Safety Building Range Rental Fees to be used for Range p21 Maintenance MOTION: Move to transfer$3,756 of monies received in Public Safety Building Range rental fees to the Police Deparlinent's Expert and Professional Services line item 101.42100.3050. These funds will be used to reimburse funds expended for range maintenance performed by DC Management and Environmental Services and for the removal and disposal of the bullet trap performed by Veolia Environmental Services. MOTION: Move to transfer$415 of monies received in Public Safety Building Range rental fees to the Police Depar talent's General Supplies line item 101.42100.2171. These funds will be used to purchase supplies for repairs to the target carrier and for purchase of filters necessary for 3 City Council Agenda Tuesday May 29,2012 Page 2 of 3 range maintenance. D. Adopt Resolution 2012-56, being a resolution amending the 2012 street department budget to utilize parking maintenance funds committed by Resolution 2010-138. p23 MOTION: Move to waive the reading of Resolution 2012-56, there being ample copies available to the public. MOTION: Move to adopt Resolution 2012-56,being a resolution amending the 2012 street department budget to utilize parking maintenance funds committed by Resolution 2010-138. E. Approval of attached list of rental housing applications. p26 MOTION: Move to approve the items listed for rental housing license applications for May 29, 2012 in that they have met the requirements of the Property Maintenance Code. F. Approve Business License Applications p32 MOTION: Move to approve the items as listed on the business license agenda for May 29, 2012 as presented. G. Review payment of bills p34 MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 143557 through 143735 in the amount of$611,735.15. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS A. Adopt Resolution 2012-068 ordering improvements for concrete alley construction between Jackson and Van Buren Streets from 40th Avenue to 160 feet north of 40th Avenue. p42 MOTION: Move to waive the reading of Resolution 2012-068, there being ample copies available for the public. MOTION: Move to adopt Resolution 2012-068,being a resolution ordering improvements for concrete alley construction between Jackson and Van Buren Streets from 40th Avenue to 160 feet north of 40th Avenue. B. Adopt Resolution 2012-067 being a resolution ordering improvements for sidewalk construction on the north side of 43rd Avenue between Quincy Street and Central Avenue p46 MOTION: Move to waive the reading of Resolution 2012-067,there being ample copies available for the public. MOTION: Move to adopt Resolution 2012-067,being a resolution ordering improvements for 43rd Avenue sidewalk between Quincy Street and Central Avenue. C. Adopt Resolution 2012-069 ordering improvements and levying and adopting the assessment for Grandview Court MOTION: Move to close the public hearing and waive the reading of Resolution 2012-069, p50 there being ample copies available for the public. MOTION: Move to adopt Resolution 2012-069,being a resolution ordering improvements and levying and adopting the assessment for construction of the bituminous wear course on Grandview Court. 4 City Council Agenda Tuesday May 29,2012 Page 3 of 3 D. Adopt Resolutions 2012-58, 1124-26 45th Avenue N.E.,2012-59, 1132-34 45th Avenue N.E., p54 2012-60, 4318 3rd Street N.E.,2012-61, 5005 7th Street N.E., 2012-62, 3814 Gauvitte Street N.E., 2012-63, 4124 5th Street N.E., 2012-64, 5250 7th Street N.E., 2012-65, 3820 Hayes Street N.E., and 2012-66, 4544 Madison Street, 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. MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2012-58, 59, 60, 61, 62, 63, 64, 65, and 66 being ample copies available to the public. MOTION: Move to adopt Resolution Numbers 2012-58, 59, 60, 61, 62, 63, 64, 65, and 66 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. E. Adopt Resolution 2012-57, 4201 Washington Street N.E. being a declaration of nuisance and abatement of violations within the City of Columbia Heights. p73 MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2012-57 there being ample copies available to the public. MOTION: Move to adopt Resolution Number 2012-57 being a resolution 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. F. Adopt Ordinance 1607,being an ordinance amending Chapter 3, Sections 33 and 34 of the City Charter regarding election write in candidates. p76 MOTION: Move to waive the reading of the ordinance,there being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1607, being an ordinance amending Chapter 3, Sections 33 and 34 of the Charter of the City of Columbia Heights. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions-none B. Bid Considerations -none C. New Business and Reports - none 8. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10. ADJOURNMENT Walter R. Fehst, City Manager WF/pvm 5 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, MAY 14, 2012 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, May 14, 2012 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Pastor Bill Hugo, St. Matthew Lutheran Church gave the Invocation. Present: Mayor Peterson, Council member Williams, Council member Nawrocki, Council member Diehm, Council member Schmitt PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Motion by Nawrocki to add Council Corner to the agenda. Peterson stated it was discussed at the work session to not include Council Corner. The motion died for lack of a second. Nawrocki indicated a letter he handed out that he would like added to the agenda. City Attorney Hoeft stated he is aware of the situation where a city employee came to the city manager with regard to behavior of a council member and the city manager has expressed concerns about this behavior of a council member. Since it is a council member, what to do rests with the city council,not the city manager. Until the body decides what to do, if anything, about this behavior, it should not be discussed. Once a determination has been made, it can be talked about at that point. Peterson asked if this should be discussed in an executive session during the next work session. Hoeft stated that is an option. It appears to need to be addressed sooner than later. Hoeft indicated he could attend that meeting.Nawrocki appeared to intend to read the letter and the City Attorney again advised to not discuss this at this meeting. Peterson called for a motion. Motion by Williams, second by Schmitt, to discuss a council member's behavior at an executive session during the next work session. Upon vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes— 1 nay. Motion carried. PROCLAMATIONS,PRESENTATIONS, RECOGNITION,ANNOUNCEMENTS, GUESTS A. Recognition for Years of service-David Thompson, Planning and Zoning Commission Peterson stated that Mr. Thompson has served on the Planning and Zoning Commission for seven years. Peterson presented him with a certificate and pen set and thanked him for his service to the community. David Thompson stated he has enjoyed serving on the Commission. He stated that he has conflicts on Wednesday nights and some meetings are held on Wednesday nights. Nawrocki stated his sorrow at Mr. Thompson leaving, as he is one of the best Commissioners we have had in a long time. B. CH Athletic Boosters award-2011 Ron Wojciak Memorial Award for Outstanding Contributions to the Columbia Heights Youth Sports Program(awarded to ISD#13 and the City of Columbia Heights) 6 City Council Minutes Monday,May 14,2012 Page 2 of 14 Keith Windschitl, Recreation Director,was present representing the Columbia Heights Youth Sports Program. He stated that this year the Commercial Award was presented to the ISD#13 and the City of Columbia Heights. Windschitl listed activities that contributed to receiving the award. He presented the plaques to Mayor Peterson and School Board Chair Missy Lee. Peterson thanked the Boosters for what they do for the community. He stated that it is nice to get a cooperative award with the School District. You can accomplish great things when you work together. Financially, the Boosters have contributed about $2 million. Lee stated that Superintend Kelly sent her apologies for being unable to be present. Lee thanked the Boosters and thanked the City for sharing in this award. C. Proclamation-Public Works Week Diehm read the Public Works Week proclamation. Kathy Young, Assistant Public Works Director thanked the City for their support. Fehst stated that several years ago Kathy Young was the first women President of the Public Works Association of the State of Minnesota. We acknowledge our appreciation of our Public Works Department; they don't complain and just do their job. Peterson announced that the Heights Idol Round 1 will be held on Thursday, May 17, 7:00 p.m. at Murzyn Hall. It is free to the public. There will be an 80 year old citizen that will entertain. Sign up for all youth summer programs is now open. He also indicated that the puppet wagon visits the parks in the summer and that is also free. Peterson stated that the Ramsdell Park dedication will be held this Saturday,which will be followed by an inaugural ball game. CONSENT AGENDA Nawrocki requested to remove items F, G, I. Schmitt requested to remove item L. City Manager Walt Fehst took Council members through the consent agenda. A. Approve City Council meeting minutes Motion to approve the minutes of the April 23, 2012 City Council meeting. B. Accept minutes of the boards and commissions Motion to accept the April 2,2012 minutes of the Library Board. Nawrocki questioned a patron having $3,000 in fines. Diehm indicated there are people with very heavy fines that they will address. Motion to accept the May 1, 2012 draft minutes of the Planning and Zoning Commission. Motion to accept the April 2, 2012 minutes of the EDA. Motion to accept the unapproved April 19, 2012 minutes of the Charter Commission. C. Adopt Resolution 2012-48,being a Resolution rescheduling the Monday, May 28,2012 City Council meeting to Tuesday, May 29, 2012. Motion to waive the reading of Resolution No. 2012-48, there being ample copies available to the public. Motion to adopt Resolution 2012-48, being a Resolution rescheduling the Monday, May 28, 2012 City Council meeting to Tuesday, May 29, 2012. D. Approve Restructuring the Loan Agreement for James Wetch dba Jimmy's Pool Hall. Motion to approve an Extension of the "Contract of Sewer Availability Charge Time Payment 7 City Council Minutes Monday,May 14,2012 Page 3 of 14 Agreement for 4040 Central Ave(Contract#2354) for James Wetch until July 10, 2013, with no payments due in the months of May through August of 2012. All other provisions of the contract remain"as is". E. Approve Permits for 2012 Jamboree Motion to authorize staff to close Huset Parkway for the time period from Tuesday afternoon, June 19 through Sunday, June 24, 2012. Motion to authorize the Police Department to issue a parade permit for the Jamboree Parade to be held on Friday, June 22, 2012 beginning at 6:00 p.m. for the following streets: Central Avenue from 45th Avenue to 40th Avenue, west on 40th Avenue to 5th Street and 5th Street to Mill Street. Motion to authorize fireworks at dusk on Saturday, June 23, 2012 and to waive the Fire Department fireworks display permit fee. F. Adopt Resolution 2012-51,being a Resolution to request Anoka County Levy funds for the purchase of 3927 Central-removed G. Adopt Resolution 2012-052, being a Resolution ordering a Public Hearing to Construct Bituminous Surfacing on Grandview Court-removed H. Adopt Resolution 2012-054 accepting the Feasibility Report for alley construction between Jackson and Van Buren Streets, north of 40th Avenue and ordering the Public Improvement Hearing Motion to waive the reading of Resolution 2012-054, there being ample copies available for the public. Motion to adopt Resolution 2012-054,being a resolution accepting the Feasibility Report for Concrete Alley Construction between Jackson and Van Buren Streets, north of 40th Avenue, and ordering the Public Improvement Hearing at the regular City Council meeting on May 29, 2012 at 7:00 p.m. I. Adopt Resolution 2012-055 accepting the Feasibility Report for Sidewalk Construction on the North Side of 43rd Avenue between Quincy Street and Central Avenue and ordering the Public Improvement Hearing-removed J. Approval of attached list of rental housing applications. Motion to approve the items listed for rental housing license applications for May 14,2012 in that they have met the requirements of the Property Maintenance Code. K. Approve Business License Applications Motion to approve the items as listed on the business license agenda for May 14,2012 as presented. L. Review Payment of the Bills-removed. Motion by Diehm, second by Schmitt, to approve the Consent Agenda items with the exception of items F, G, I, L. Upon vote: All ayes. Motion carried. 8 City Council Minutes Monday,May 14,2012 Page 4 of 14 F. Adopt Resolution 2012-51, being a Resolution to request Anoka County Levy funds for the purchase of 3927 Central Motion by Williams, second by Diehm,to waive the reading of Resolution 2012-51, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt,to adopt Resolution 2012-51, being a Resolution requesting all unobligated funds, fiscal year 2008-2012 from the Anoka County HRA Levy and appropriation from City Fund 420 for the purchase of 3827 Central Avenue. Nawrocki questioned if we can discuss this and referred to a memo from Scott Clark, Community Development Director, regarding what was discussed in closed session was not accepted by the developer. Clark stated in March of this year the City received a commercial letter of intent to purchase 3827 Central, owned by the Mady/Foss Partnership. The EDA reviewed the letter and determined to proceed. Part of the process was to accept the 7:23. The next step after the EDA accepted the purchase agreement was to identify the source of funds to pay for the property. That is what this resolution is to determine. The recommendation includes Anoka County HRA funds; which can only be used for housing or redevelopment. The additional dollars sought are from Fund 420, the Capital Redevelopment fund. Right now we have a verbal agreement from both of the parties and that was what the agreement was based on. After the EDA approval of this agreement,they wanted other considerations. We will see if they accept the purchase agreement within the next several weeks. This business will not be transacted until we have a signed purchase agreement. Schmitt questioned the"Make Heights Your Home"program. Clark stated we had this program for five years, with a few people participating, but the program never really took off. Nawrocki spoke against the motion as we have no particular use for the property, the price of the property, and possible unanticipated costs and soil correction. The current building was built on the back of the lot because of soil contamination.Nawrocki referred to the property value and past purchase prices. This would take the property off the tax rolls. We paid too much for the place next to it. Schmitt stated she has reservations because she does not like that the seller changed the process mid-stream. Diehm indicated that this action is to approve what the EDA has recommended and the funding. This is not authorizing any changes. Changes would have to be approved by the EDA. Schmitt questioned if this would limit property use. Diehm stated this is only what was discussed at the EDA.Nothing after that point is included in this action. Upon vote: Schmitt, aye; Williams, aye; Diehm, aye;Nawrocki,nay; Peterson, aye. 4 ayes— 1 nay. Motion carried. G. Adopt Resolution 2012-052,being a Resolution ordering a Public Hearing to Construct Bituminous Surfacing on Grandview Court Motion by Williams, second by Diehm, to waive the reading of Resolution 2012-052, there being ample copies available for the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution 2012-052, being a resolution ordering the Improvement and Levy Hearings for consideration of construction of the bituminous wear course on Grandview Court at the regular City Council meeting on May 29, 2012 at 7:00 p.m. 9 City Council Minutes Monday,May 14,2012 Page 5 of 14 Nawrocki asked if that is a private road. Young stated that it is and the bituminous they were to place has not been done. The material there has begun to deteriorate and we want to close out the project.Nawrocki stated that two-thirds of the project has not been completed along with other areas of the development. He described another area that is not complete. Young stated there is another area of Grand View Court in the south portion of the development. Diehm stated this is only calling for the public hearing. Fehst stated that the developer was to complete this road. They have stalled and this will require them to move forward. There is an escrow account for the assessment. This will help the residents get the improvements they paid for. Upon vote: All ayes. Motion carried. I. Adopt Resolution 2012-055 accepting the Feasibility Report for Sidewalk Construction on the North Side of 43rd Avenue between Quincy Street and Central Avenue and ordering the Public Improvement Hearing Motion by Williams, second by Diehm, to waive the reading of Resolution 2012-055,there being ample copies available for the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution 2012-055, being a resolution accepting the Feasibility Report for 43rd Avenue Sidewalk between Quincy Street and Central Avenue and ordering the Public Improvement Hearing at the regular City Council meeting on May 29, 2012 at 7:00 p.m. Nawrocki stated that item four speaks about sealcoating. Young stated that is a different project going on at the same time.Nawrocki stated the section of street along this area that has a sidewalk will remain. He questioned removing the entrances. Young stated the proposal is to leave the entrances, with the center entrance being the only one to be redone. Nawrocki indicated he did not see anything wrong with the entrances. Young stated that the slope is an issue for wheelchairs. Upon vote: All ayes. Motion carried. L. Review Payment of the Bills Schmitt questioned the$27,750 earnest money for the Mady/Foss Partnership. Clark stated that this check is being held in house. Motion by Schmitt, second by Williams, that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 143317 through 143556 in the amount of$938,839.41. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. Adopt Resolution 2012-053 being a Resolution Levying and Adopting the Assessment for Alley Light Area No. 677-44 Peterson opened the Public Hearing for comments. Nawrocki stated there is another light in that alley and asked who is responsible for it. Young stated that has private owners. Motion by Diehm, second by Williams,to close the public hearing and waive the reading of Resolution 2012-053,there being ample copies available to the public. Upon vote: All ayes. Motion carried. 10 City Council Minutes Monday,May 14,2012 Page 6 of 14 Motion by Diehm, second by Williams, to adopt Resolution 2012-053,being a resolution levying and adopting the assessment for Alley Light Area No. 677-44. Upon vote: All ayes. Motion carried. B. Adopt Resolution 2012-049 being Resolution for the Approval of a Conditional Use Permit for outdoor storage located at 3841 —3rd Street NE. Jeff Sargent, City Planner, stated this is a request for outdoor storage for pallets on the property. Before the owner came to the Planning Commission,he cleaned up the property. There are some conditions for approval that he would need to agree to, such as a six foot fence, hard surfacing for storage, and stripping the parking area. The Planning Commission approved this with a 3-0 vote. Sargent suggested a time frame be established this evening. Schmitt questioned the storage of trailers on the south side, by a tree. Sargent stated there is room on the property to move things around. He would be required to comply with our regulations. Sargent showed the owner's drawing of the site. The pallets have been moved inside a building. Schmitt asked if they would remove the tree. Sargent stated this may be determined by what area they pave. Nawrocki stated the property was a mess. There is debris by the tool shed. On the north end there is a semi-trailer that is only a partial vehicle. Sargent stated there are some zoning issues on the property. The first thing we requested was that he obtain a conditional use permit. The second step will be to correct the zoning issues. We need to establish a time line. We want to bring this property into compliance. Sargent stated the owner is willing to work with the city and has cleaned up the area. Schmitt stated this is his busy season and asked if he requested a specific time line. Sargent suggested staff discretion to determine compliance with the CUP. Hoeft stated the CUP is not a time line, it is either done or it is not and that staff is asking to determine a time line. Nawrocki suggested tabling this item to get obtain more details. Hoeft stated the point of asking for a CUP is to clean up the property. Schmitt recommended 90 days to complete the requirements. Peterson stated he was at the Planning meeting and agreed that 90 days would be reasonable. The neighbors of the property have stated that the owner is working to improve the property. He is working with us and we should work with him. Motion by Williams, second by Schmitt, to waive the reading of Resolution 2012-049, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt,to adopt Resolution No. 2012-049, approving the Conditional Use Permit for outdoor storage at 3841 —3rd Street NE, subject to the conditions outlined in Resolution No. 2012-049. Upon vote: All ayes. Motion carried. C. Adopt Resolution 2012-050 being Resolution for the Approval of a 4.5-foot side setback variance for parking at 81 —38th Avenue NE. Sargent stated that the owner is looking for a parking variance for her property. He showed a map of the property and the survey of what is intended. They intend to place six parking stalls and to be in compliance need to put bituminous within one-half foot of the property line. The Planning Commission approved this on a 3-0 vote. Nawrocki questioned the space between their property line and the cyclone fence. Sargent 11 City Council Minutes Monday,May 14,2012 Page 7 of 14 referred to the vacation of California Street, whereby this property gained 30 feet. This would allow an adequate area for parking and would meet our minimum parking requirements. Nawrocki asked if there was a change of ownership. Sargent stated the change of ownership depends on the variance. Motion by Williams, second by Schmitt,to waive the reading of Resolution 2012-050, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt,to adopt Resolution No. 2012-050, approving the 4.5- foot side yard setback variance for the construction of a parking lot located at 81 —38th Avenue NE, subject to the conditions outlined in Resolution No. 2012-050. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions First Reading of Ordinance No. 1607,being an Ordinance amending Chapter 3, Sections 33 and 34 of the Charter of the City of Columbia Heights regarding write in candidates. Nawrocki indicated that any write in candidate that did not file, with a total of votes over the candidate would win the office. Patty Muscovitz, City Clerk, stated that in the event the total write in votes exceed the highest number of a candidate that filed,the write in votes would then be reviewed and separated by candidate with the highest number of votes, whether write in candidate or filed candidate, would be elected. Motion by Diehm, second by Williams, to waive the reading of the ordinance, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to schedule the second reading of Ordinance No. 1607, being an ordinance amending Chapter 3, Sections 33 and 34 of the Charter of the City of Columbia Heights for May 29, 2012, at approximately 7 p.m. in the City Hall Council Chambers. Upon vote: All ayes. Motion carried. B. Bid Considerations - none C. New Business and Reports -none ADMINISTRATIVE REPORTS Report of the City Manager Fehst stated that we have an opening in the Planning &Zoning Commission and we have three applicants. At the next work session we will set aside ten minutes per candidate for an interview. Fehst indicated that commitments to the Adopt a Park include Bobby and Steve's Auto World for the east side of Huset Park, Heights Manor has signed up six people and Eileen Evans, Chair of Park Commission and her family have adopted Prestemon Park for years. She also does the boat ramp and the beach. We would like them to continue. The school has a program interested in adopting Ramsdell Park. Nawrocki stated he would not be able to attend the Ramsdell park event on Saturday and asked that they be wished well for him. He referred to a newspaper article regarding a State Auditor report and stated that he would like a copy. 12 City Council Minutes Monday,May 14,2012 Page 8 of 14 Nawrocki requested that a bus shelter be placed at the 37th and Central development. The dumpster at 50th and University is overflowing again. Nawrocki stated that the Sun Focus newspapers are not being delivered to certain areas. This is our official legal newspaper and we need to work with them to get service to all areas. Fehst stated we do pass along complaints received on newspapers that are not delivered. Fehst referred to the papers that are now thrown on driveways that are trashing up our cities. We should make a formal complaint on behalf of all residents. Peterson stated that he has not received the Sun Focus in six months.Nawrocki indicated that the Northeaster does a better job of reaching homes. Peterson stated that it seems like the Sun Focus does not care. Schmitt stated her preference is the Sun Focus, as they come in a plastic bag. Report of the City Attorney—nothing to report CITIZENS FORUM Roger Strom, 690 47 '/2 Avenue, stated that he has to go to the liquor store to get a copy of the Sun Focus. Peterson reminded everyone of the upcoming Heights Idol competition. Peterson stated"Don't forget to keep our service men and women in your thoughts and prayers."He and the City Manager will attend the return of the Air Force unit they say deployed four months ago. Nawrocki stated that this Thursday at 6:00 p.m. the Public Works Department will hold a hearing on the City's storm water plan. Peterson stated"Don't take ourselves too seriously and do a random act of kindness." ADJOURNMENT Peterson adjourned the meeting at 8:23 p.m. Patricia Muscovitz CMC City Clerk RESOLUTION NO. 2012-48 BEING A RESOLUTION RESCHEDULING THE CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETING OF MONDAY, MAY 28,2012 WHEREAS: The City of Columbia Heights offices are closed on Monday, May 28, 2012 in observance of Memorial Day; and WHEREAS: The City Council has agreed to reschedule the regular Council meeting to Tuesday, May 29, 2012 beginning at 7:00 p.m. in the City Council Chambers; NOW, THEREFORE, BE IT RESOLVED, that all interested parties be advised of this change. RESOLUTION 2012-054 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR ALLEY CONSTRUCTION BETWEEN JACKSON AND VAN BUREN STREETS,NORTH OF 40TH AVENUE,AND ORDERING 13 City Council Minutes Monday,May 14,2012 Page 9 of 14 THE PUBLIC IMPROVEMENT HEARING WHEREAS, a petition has been received to reconstruct the alley between Jackson Street and Van Buren Street from 40th Avenue to 160' north of 40th Avenue, and WHEREAS,pursuant to Resolution 2012-047, a report has been prepared by the City Engineer with reference to the alley, 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 May 14, 2012. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The Council will consider the improvement of said alley 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 $24,176. 2. A public hearing shall be held on such proposed improvement on the 29th day of May, 2012, in the City Council Chambers at 590 40th Avenue N.E. at 7:00 P.M. and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. RESOLUTION 2012-51 REQUESTING ALL UNOBLIGATED FUNDS,FISCAL YEAR 2008-2012 FROM THE ANOKA COUNTY HRA LEVY AND APPORPRIATION FROM CITY FUND 420 FOR THE PURCHASE OF 3927 CENTRAL AVE WHEREAS,the City Council was invited by the Anoka County Housing and Redevelopment Authority(ACHRA) to participate in ACHRA economic development activities; and, WHEREAS,Council passed a resolution on September 10,2007 to participate in the Anoka County Housing and Redevelopment Authority(ACHRA)economic development activities; and, WHEREAS,the ACHRA would levy a tax in Columbia Heights each year of participation,for a minimum of five years; and, WHEREAS,that the City,by participation in the ACHRA economic development activities,can request funds to support the City's redevelopment and housing maintenance and improvement goals; and, WHEREAS,the Make Heights Your Home unobligated balance of$144,444 will be relinquished for this transaction and the program will be terminated; and WHEREAS,Anoka County Community Development staff indicated that redevelopment would be a qualified expenditure; and, WHEREAS,on May 7,2012 the City's Economic Development Authority Approved a Purchase Agreement for the acquisition of 3927 Central Avenue with the purpose of substantial redevelopment; and WHEREAS,the funds needed to complete this acquisition were identified as the unobligated Anoka County HRA Levy and the City's Capital Improvement Development Fund-420. NOW THEREFORE BE IT FURTHER RESOLVED THAT 14 City Council Minutes Monday,May 14,2012 Page 10 of 14 1. The City of Columbia Heights requests the remaining balance($144,444) of Make Heights Your Home funds be transferred for the purchase of 3927 Central Avenue. 2. The City of Columbia Heights requests all of the unobligated funds, fiscal year 2008-2012, from the Anoka County HRA Levy be obligated for the purchase of 3927 Central Avenue. 3. The City of Columbia Heights appropriates funds from 420—Capital Improvement Development Fund for the purchase of 3927 Central Avenue per EDA Resolution 2012-08. RESOLUTION 2012-052 BEING A RESOLUTION ORDERING A PUBLIC HEARING TO CONSTRUCT BITUMINOUS SURFACING ON GRANDVIEW COURT WHEREAS, the Development Contract for Grand Central Lofts identified Developer Improvements that included the construction of a private road named Grandview Court, and WHEREAS, the final wear lift of bituminous has never been constructed for the Developer Improvements, including Grandview Court, and WHEREAS,Article 7 of the Development Contract provides for City Remedies for the City of Columbia Heights to perform the work for Improvements at the Developer's expense. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. The Council will consider the improvement of Grandview Court 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$41,910. 2. A public hearing shall be held on such proposed improvement on the 29th day of May, 2012, in the City Council Chambers at 590 40th Avenue N.E. at 7:00 P.M. and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. RESOLUTION 2012-055 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR SIDEWALK CONSTRUCTION ON THE NORTH SIDE OF 43RD AVENUE BETWEEN QUINCY STREET AND CENTRAL AVENUE AND ORDERING THE PUBLIC IMPROVEMENT HEARING WHEREAS, the City Council initiated a study for completion of a sidewalk along the north side of 43rd Avenue between Quincy Street and Central Avenue based on the recommendation of the Traffic Commission, and WHEREAS,pursuant to Resolution 2012-046, a report has been prepared by the City Engineer with reference to the sidewalk construction, 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 May 14, 2012. 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 15 City Council Minutes Monday,May 14,2012 Page 11 of 14 pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $14,245. 2. A public hearing shall be held on such proposed improvement on the 29th day of May, 2012, in the City Council Chambers at 590 40th Avenue N.E. at 7:00 P.M. and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. RESOLUTION 2012-053 RESOLUTION LEVYING AND ADOPTING THE ASSESSMENT FOR ALLEY LIGHT AREA NO. 677-44 Adopting assessment roll according to the City Charter for the following local improvement and determining that said improvement will be made, and ratifying and confirming all other proceedings, heretofore had: Special Assessment for alley light area numbered 677-44. WHEREAS,the City Council of the City of Columbia Heights, Minnesota, met at 7:00 p.m. on the 14th day of May, 2012, in the City Council Chambers, 590 40th Avenue N.E. Columbia Heights, Minnesota,being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvement above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated the cost of such local improvement and has prepared an assessment roll therefore, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA Section 1. That this Council does hereby adopt the aforesaid assessment roll known and described as"Assessment Roll for Local Improvements"numbered 677-44 for alley lighting, a copy of which is attached hereto and made a part hereof. Section 2. That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefited by such improvements. This Council further finds and determines that the proper proportion of the cost of such improvement to be especially assessed against each lot or parcel of land is the amount as billed annually by Xcel Energy Company. Section 3. That the assessment will be added to the utility bill prepared and mailed by the City of Columbia Heights to property owners or occupants on record with the Finance Department. Section 4. This resolution shall take effect immediately upon its passage. ASSESSMENT ROLL FOR LOCAL IMPROVEMENTS ALLEY LIGHT: 677-44 PIN ADDRESS 26-30-24-31-0052 4832 5th Street NE 26-30-24-31-0053 4828 5th Street NE 26-30-24-31-0054 4824 5th Street NE 26-30-24-31-0055 4820 5th Street NE 26-30-24-31-0056 4816 5th Street NE 26-30-24-31-0063 4817 4th Street NE 26-30-24-31-0064 4825 4th Street NE 16 City Council Minutes Monday,May 14,2012 Page 12 of 14 26-30-24-31-0065 4829 4th Street NE RESOLUTION NO. 2012-049 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR CASTO VAZQUEZ C. TO ALLOW OUTDOOR STORAGE AT 3841 —3RD ST NE IN THE CITY OF COLUMBIA HEIGHTS,MINNESOTA WHEREAS, a proposal (Case#2012-0502) has been submitted by Casto Vazquez C. to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 3841 —31-d Street NE University Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.111 (D)(3)(c), to allow outdoor storage of materials in the I-1, Light Industrial District at the property located at 3841 —3rd Street NE. WHEREAS,the Planning Commission has held a public hearing as required by the city Zoning Code on May 1, 2012; WHEREAS,the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic,property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER,BE IT RESOLVED, that the attached conditions,maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. The outdoor storage area shall be accessory to a commercial or industrial use. 17 City Council Minutes Monday,May 14,2012 Page 13 of 14 2. Outdoor storage within the public right of way is prohibited. 3. All outdoor storage areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. 4. Outdoor storage areas shall be located in rear yards or in the side yard behind the front building line of the principal structure. 5. The storage area shall be fenced and screened from adjacent uses and the public right-of-way. Required screening shall consist of a fence,wall, earth berm and/or vegetation no less than six feet in height and no less than 80% opaque on a year-round basis. 6. All goods, materials and equipment shall be stored on an impervious surface. 7. All goods,materials and equipment shall be stored in an orderly fashion,with access aisles of sufficient width to accommodate emergency vehicles as needed. 8. The height of materials stored, excluding operable vehicles and equipment, shall not exceed the height of the screening provided. 9. The applicant shall stripe the parking area in front of the business in accordance with the minimum requirements of the Zoning Code. The applicant shall store no more vehicles or trailers in the parking lot area than the number of parking spaces provided. RESOLUTION NO. 2012-050 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR MILLIE KEWATT WHEREAS, a proposal (Case # 2012-0503) has been submitted by Millie Kewatt to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 81 —38t Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 4.5-foot side yard setback variance for parking per Code Section 9.111 (C). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on December May 1, 2012; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the 18 City Council Minutes Monday,May 14,2012 Page 14 of 14 Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached plans,maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONIDTIONS ATTACHED: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. 2. The applicant shall agree to remove any portion of the driveway at the owner's expense in the event that the City would need to gain access to the utility and drainage easement on which the driveway is located. 19 CITY COUNCIL LETTER Meeting of May 29,2012 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL , . ITEM: Approve Transfer of Funds for Safe and Sober BY: Scott Nadeau BY: j�/�iL grant reimbursement and AHDTF Overtime DATE May 17,201 y ,2012 DATE: grant reimbursement from General Fund to Police Dept Overtime Line Item#1020 NO: BACKGROUND The Columbia Heights Police Department has been participating in the statewide Safe and Sober program. We have been reimbursed by Coon Rapids, the agency coordinating the grant, in the amount of$6,214.16 for the overtime expended on that initiative. In addition, the Police Department has an officer in the Anoka-Hennepin Drug Task Force(AHDTF). The AHDTF is partially funded by a federal grant administered by the State of Minnesota that covers partial reimbursement of overtime incurred by the AHDTF officers, For the first quarter of 2012, the Police Department has received a check from Anoka County in the amount of$2,000 as partial reimbursement for the overtime of our AHDTF Officer. ANALYSIS/CONCLUSION The$8,214.16 received from these two sources was deposited into the General Fund. The Police Department is requesting that these funds received from be transferred back into the 2012 Police Department Budget, Overtime line item. RECOMMENDED MOTION: Move to transfer the following from the General Fund to the Police Department 2012 Budget,Overtime Line Item 1020: $6,214.16,the amount of money received from Coon Rapids,the grant administrator for the Safe and Sober program;and$2,000,the amount of money received from Anoka County as partial reimbursement for the department's AHDTF Officer. COUNCIL ACTION: .. _ ......_... 20 CITY COUNCIL LETTER y- Meeting of May 29,2012 AGENDA SECTION:Consent ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAL: �� ITEM: Approve Transfer of Public Safety Building BY: Scott Nadeau /n" BY: �C'/ Range Rental Fees to be Used for Range DATE: May 16,2012 DATE: Maintenance NO. BACKGROUND: The Columbia Heights Police Department leases out use of the gun range at the Public Safety Building to various other law enforcement agencies including the Brooklyn Center, Robbinsdale and Woodbury Police Departments. To date in 2012, the department received $5910 in Range Rental Fees. These amounts were deposited into the city's General Government Rents account. In addition to generating revenue through rental of the Range,the fees collected were anticipated to be used for maintenance to the gun range when that would become necessary. In March 2012,DC Management and Environmental Services,Inc.performed maintenance on the range to include the removal of the bullets from the bullet trap and replacement of the rubber protective sheets. This work is required periodic maintenance, and DC's bid was the lowest of three companies who were contacted. The final cost of the work was$3,143. Related to this,Veolia Environmental Services quoted an amount of$613 for removal and disposal of the bullet trap(lead contaminated debris). The hazardous nature of this material drives the cost of disposal. In addition, $215 in supplies have been purchased for repairs to a target carrier in the range. These repairs were accomplished in-house. An ongoing range maintenance item is the purchase of replacement filters'at a cost of about$200 for a case. These 24x24x2 filters are positioned ahead of the more expensive Micretain 07XS (hepa)filters. There is currently an adequate supply of the hepa filters, but we are requesting $200 be added to this transfer to cover the purchase of an additional case of pre-filters. ANALYSIS/CONCLUSION: Based on the necessary maintenance to the range's bullet trap, we are requesting to transfer$3,756 of monies received in Public Safety Building Range rental fees to the Police Department's Expert and Professional Services line item for maintenance. Also, that $415 of monies received in Public Safety Building Range rental fees be transferred to General Supplies line item 101.42100.2171 for purchase of items for the repair of the target carrier, and the filters necessary for range maintenance. RECOMMENDED MOTION: Move to transfer$3,756 of monies received in Public Safety Building Range rental fees to the Police Department's Expert and Professional Services line item 101.42100.3050. These funds will be used to reimburse funds expended for range maintenance performed by DC Management and Environmental Services and for the removal and disposal of the bullet trap performed by Veolia Environmental Services. 21 Council Letter May 16, 2012 Page 2 Move to transfer $415 of monies received in Public Safety Building Range rental fees to the Police Department's General Supplies line item 101.42100.2171. These funds will be used to purchase supplies for repairs to the target carrier and for purchase of filters necessary for range maintenance. COUNCIL ACTION: 22 CITY COUNCIL LETTER MEETING OF: MAY 29,2012 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER FINANCE APPROVAL ITEM: RESOLUTION 2012-56 AMENDING BY: JOSEPH KLOIBER BYf j� THE 2012 STREET DEPARTMENT BUDGET TO UTILIZE PARKING MAINTENANCE DATE: MAY 11,2012 FUNDS COMMITTED BY RESOLUTION 2010- 138. Background This is in follow up to the discussion at the April 2, 2012,work session regarding the funding of the maintenance costs of the City-owned parking ramp associated with Fairview Clinic at 40th Avenue NE just west of Central Avenue, and the City-owned surface parking lot on the south side of 40th Avenue NE across from the parking ramp. In that work session, various issues and funding options were presented to the council by staff, and council directed staff to perform further research on these matters. A summary of the research results is as follows: 1981 The City and Anoka County entered into a joint powers agreement that transferred the former Anoka County parking lot between Central and Van Buren, south of 40th Avenue NE, to the City for$0. This property was then combined with adjoining property owned by the HRA to form the current parking lot. The agreement states that major maintenance costs of the lot will be paid 60%by the County and 40%by the City, in perpetuity. However,both parties must agree that a given item is major maintenance; otherwise the City is responsible for the cost. 1982-1983 Project#8222 constructed/reconstructed two municipal parking lots between Central and Van Buren, one north of 40th Avenue, and the one south of 40th Avenue described above. All properties from 39th street to 41st street, on both sides of Van Buren and the west side of Central,were assessed for a portion of the cost. The cost allocated to each property varied based on the results of a parking analysis prepared by the HRA's consultant. The assessments were for 15 years at 15% interest(resolution 82-44.) 1985 As part of a redevelopment agreement with Columbia Park Clinic, a parking ramp was built over the top of the parking lot north of 40th Avenue. The properties included in the redevelopment agreement agreed to assessments for 50%of the construction cost of the ramp. With principal and the high interest rates of the 1980's, this 50% share amounted to total annual assessments of approximately$95,000 for 15 years. 1986-2010 In addition to the assessments referred to above, the City and HRA had TIF and other sources available to fund these construction projects. The unspent balance of assessments remaining after construction was kept in City Fund 405 Downtown Parking Maintenance, and was used to pay the City's share of the annual parking ramp maintenance required under a series of agreements with the Clinic. 2011 A change in reporting standards by the Governmental Accounting Standards Board(GASB)no longer allowed Fund 405 to be reported as a stand-alone fund. Fund 405 was therefore combined into the City's General Fund 101. The balance however remains committed for the purpose of downtown parking maintenance by resolution 2010-138. Currently, this balance within the General Fund is approximately$113,000. 23 2012 Based on the available research, staff recommends the following actions: To replace the expiring agreement for public parking at the ramp north of 40th Avenue NE, staff will enter into negotiations with Fairview Clinic and report back to the Council. Staff recommends funding the 2012 repair required to the municipal parking lot south of 40th Avenue NE, according to the 60% County- 40% City cost sharing arrangement under the joint powers agreement, with the 40% City share paid from the balance within the General Fund committed for downtown parking maintenance. This would leave enough committed for downtown parking to pay a few years of the City share of annual maintenance on the parking ramp north of 40th Avenue, assuming the City's costs under the next agreement with the Clinic would not be appreciably greater than under the expiring agreement. Note that, although the City's share of both the lot repair and annual ramp maintenance is currently available in fund balance that is specifically committed for this purpose by resolution 2010-138, now that the GASB requires this activity to be included within the General Fund, the 2012 General fund budget must also be amended to utilize these funds. The resolution necessary to do this is attached. To achieve a favorable economy of scale for the parking lot repair, two other similar repair projects are expected to be included in the same asphalt construction package. The funding for these other two projects was/will be addressed in separate actions: • Parking lot repair at Heights Liquor, at 5525 University Avenue NE • Alley repair behind Financial One Credit Union, at 843 40th Avenue NE Staff recommends that the City Council adopt the following motions: RECOMMENDED MOTION: Move to waive the reading of Resolution 2012-56, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2012-56, being a resolution amending the 2012 street department budget to utilize parking maintenance funds committed by resolution 2010-138. JPK CouncilLetter Res2012_56_ParkingMaint.doc Attachment COUNCIL ACTION: 24 RESOLUTION NO. 2012-56 A RESOLUTION AMENDING THE 2012 STREET DEPARTMENT BUDGET TO UTILIZE PARKING MAINTENANCE FUNDS COMMITTED BY RESOLUTION 2010-138 WHEREAS, the City of Columbia Heights has levied and collected special assessments from various properties located from 39th Street NE to 41st Street NE, on both sides of Van Buren Street NE and the west side of Central Avenue NE,based on a determination of their relative parking needs and the terms of a development agreement under the Columbia Heights HRA; and WHEREAS,the City of Columbia Heights maintained the unspent balance of these assessments in a separate fund used solely for maintenance of its downtown parking facilities from 1986 through 2010; and WHEREAS, in 2011, the Governmental Accounting Standards Board(GASB)revised its reporting standards in a manner required that the unspent balance of these assessments be henceforth reported within the City's General Fund; and WHEREAS, the City of Columbia Heights,when implementing the revised GASB reporting standards, documented by resolution 2010-138 that the unspent balance of these assessments reported within the City's General Fund is committed for the specific purpose of downtown parking maintenance; and WHEREAS,the City of Columbia Heights estimates that the 2012 maintenance costs of its downtown parking facilities will be approximately $50,000; NOW, THEREFORE, BE IT RESOLVED that the 2012 street department budget(101-43121)within the City of Columbia Heights' General Fund be amended to utilize up to $50,000 of the balance committed for downtown parking maintenance by resolution 2010-138. Passed this day of , 2012 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 25 CITY COUNCIL LETTER Meeting of May 29, 2012 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY: k/1-1/ _Licenses NO: DATE: May 22, 2012 DATE: Approval of attached list of rental housing applications. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for May 29, 2012 in that they have met the requirements of the Property Maintenance Code. COUNCIL ACTION: 26 r3* �m COLUMBIA HEIGHTS Print Rental Licenses to `� FIRE DEPARTMENT approve by CC inspection Division 825 41st Avenue N.E.-Columbia Heights,MN 55421-Ph:763-706-8156-Fax:763-706-8151 10040-RY530 HUSET PKY NE Hippert, Scott F11507 931 Abbeville Dr. $ 150.00 St. Louis, MO 63130 10069 5055 6TH ST NE Binczik,Anne F11658 5054 6th Street N.E. $ 150.00 Columbia Heights, MN 55421 10105 4732 5TH ST NE Alvarado, Maria F11674 5243 7th Street N.E. $ 150.00 Columbia Heights, MN 55421 10105 4732 5TH ST NE Criolla, Wilson F11674 5243 7th St $ 150.00 Columbia Heights, MN 55421 10116 4425 WASHINGTON ST NE Kaiser, Tom F11564 5229 Knox Ave. N. $ 150.00 Minneapolis, MN 55430 10162 4035 CLEVELAND ST NE Hill, Jeffrey F11757 5511 Chambers Way $ 150.00 Jacksonville, FL 32257 10217 4650 7TH ST NE Park Avenue Homes, LLC F11766 2400 Blaisdell Ave S. B2 $ 150.00 Minneapolis, MN 55404 10227 1853 39TH AVE NE Hansen, Jack F11752 3906 Arthur ST $ 150.00 Columbia Heights, MN 55421 10283 681 47TH AVE NE Morlock, Nita F11602 5020 Page Avenue N.E. $ 150.00 St. Michael, MN 55376 10289 4171 3RD ST NE Jones, Terra F11682 4116 Sunset Trail North $ 150.00 Brooklyn Park, MN 55443 10295 4345 5TH ST NE Zahran, Ziad F11810 8931 Farnsworth Avenue North $ 150.00 Brooklyn Park, MN 55443 05/22/2012 10 :15 Page 1 27 .4e. COLUMBIA HEIGHTS Print Rental Licenses to FIRE DEPARTMENT approve by CC inspection Division 825 41st Avenue N.E.-Columbia Heights,MN 55421-Ph:763-706-8156-Fax:763-706-8151 10353 620 51ST AVE NE Lesaigle, Christian F11565 1818 W. Belmont Ave. $ 150.00 Chicago, IL 60657 10374 4249 MAIN ST NE Ali, Mir F11750 2330 45th Avenue NE $ 150.00 Columbia Heights, MN 55421 12015 4237 UNIVERSITY AVE NE Demirovic, Senija F11768 4239 University Avenue N.E. $ 150.00 Columbia Heights, MN 55421 12019 5055 JACKSON ST NE McNutt, Mary Jo F11809 5057 Jackson Street NE $ 150.00 Columbia Heights, MN 55421 20012 5252 WASHINGTON ST NE Harlan, Bette F11542 PO Box 120066 $ 150.00 New Brighton, MN 55112 20053 4148 TYLER ST NE Rathje, Lesley F11662 5537 Lathrop Ave NW $ 150.00 Annandale, MN 55302 20065 4657 WASHINGTON ST NE Miles, Scott F11714 630 4th Avenue NW $ 150.00 New Brighton, MN 55112 20070 4500 TYLER ST NE Van Blaricom, Stanley F11715 118 Balsam Lane N. $ 150.00 Plymouth, MN 55441 20091 4509 FILLMORE ST NE DMTE Enterprises F11758 8200 Humboldt Ave. S. Ste. #217 $ 150.00 Bloomington, MN 55431 20130 5128 WASHINGTON ST NE Chamberlain Capital, LLC F11064 9973 Valley View Road STE#102 $ 150.00 Eden Prarie, MN 55344 20139 936 42ND AVE NE Steffl, Mark F11692 4845 Diane Dr. $ 150.00 Minnetonka, MN 55343 05/22/2012 10 :15 Page 2 28 , gym COLUMBIA BIA HEIGHTS Print Rental Licenses to r/ approve by CC FIRE DEPARTMENT PP Y inspection Division 825 41st Avenue N.E.-Columbia Heights,MN 55421-Ph:763-706-8156-Fax:763-706-8151 20144 5146 WASHINGTON ST NE Harlan, Bette F11542E PO Box 120066 $ 150.00 New Brighton, MN 55112 20146 5037 JACKSON ST NE Harlan, Bette F11542G PO Box 120066 $ 150.00 New Brighton, MN 55112 20152 5140 WASHINGTON ST NE Harlan, Bette F11542A PO Box 120066 $ 150.00 New Brighton, MN 55112 20154 5200 WASHINGTON ST NE Harlan, Bette F11542F PO Box 120066 $ 150.00 New Brighton, MN 55112 20156 5116 WASHINGTON ST NE Harlan, Bette F11542B PO Box 120066 $ 150.00 New Brighton, MN 55112 20172 1214 CHEERY LN NE Moseychuk, John F11822 P.O. Box 581685 $ 150.00 Minneapolis, MN 55458 20212 4550 7TH ST NE Ramnarine, Jai F11617 4532 Tyler Street $ 150.00 Columbia Heights, MN 55421 20218 4610 FILLMORE ST NE Issa, Sanja F11807 5867 Central Avenue N.E. $ 150.00 Fridley, MN 55432 20244 4526 TYLER ST NE Shaw, Brenda F11753 745 225th Avenue NE $ 150.00 East Bethel, MN 55011 20391 3920 ULYSSES ST NE Schubilske, Timothy F11695 5730 Royal Oaks Dr $ 150.00 Shoreview, MN 55126 30056 1440 47TH AVE NE Wang, Wu F11502 16448 Holbrook Avenue $410.00 Lakeville, MN 55044 05/22/2012 10:15 Page 3 29 19072007 COLUMBIA HEIGHTS Print Rental Licenses to L...,7 FIRE DEPARTMENT approve by CC Inspection Division 825 41st Avenue N.E.-Columbia Heights,MN 55421-Ph:763-706-8156-Fax:763-706-8151 30065 3857 EDGEMOOR PL NE Weckwerth, Arnold F11727 1001 N.Garden ST #308 $ 160.00 New Ulm, MN 56073 30067 3709 JACKSON ST NE Mikre, Joseph F11540 20334 E. Bethel Blvd. N.E. $356.00 Cedar, MN 55011 30115 4615 TYLER ST NE Riverwood Rentals, LLC F11601 2505 Silver Lane $ 160.00 Minneapolis, MN 55421 30124 4347 UNIVERSITY AVE NE RELIASTATE ENTERPRISES LLC F11594 7225 Franklin Avenue $248.00 St. Louis Park, MN 55426 30162 4556 TYLER ST NE Larson, Daniel F11729A 14405 Aberdeen Street NE $234.00 Ham Lake, MN 55304 34000 4310 3RD ST NE Guimont, Greg F11492 3855 155th Avenue NW $ 150.00 Andover, MN 55304 Total#of Licenses 39 05/22/2012 10: 15 Page 4 30 *m COLUMBIA HEIGHTS Print Rental Licenses to 1 ►. T approve b FIRE ��RA� i ���� PP by CC 825 41st Avenue N.E.-Columbia Heights,MN 55421-Ph:763-706-8156-Fax:763-706-8151 10348 1017 GOULD AVE NE Swanson, Troy F11462 3040 Casco Pt Rd $ 137.50 Wayzata, MN 55391 Total#of Licenses 1 05/22/2012 10:15 Page 1 31 CITY COUNCIL LETTER Meeting of May 29, 2012 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: May 23, 2012 BACKGROUND/ANALYSIS Attached is the business license agenda for the May 29,2012 Council meeting. This agenda consists of applications for Contractor licenses for 2012, Peddler's Licenses, Carnival License, and Temporary Liquor for Immaculate Conception Fun Fest in August. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for May 29, 2012 as presented. COUNCIL ACTION: 32 TO CITY COUNCIL May 29, 2012 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES-2012 BLDG *Jimbo's Plumbing 1630 Fairway Dr, Col. Hts $60 Hansen Plumbing 32239 Teal, Shafer $60 *Schadegg Mechanical 225 Bridgepoint Dr. So St Paul $60 Equity Point LLC 508 40th Avenue NE, Col. Hts $60 *Royal Plumbing Inc 914 Orchard Hts Ct, Faribault $60 Flare Heating &AC 9303 Plymouth Ave N, Golden Vall $60 *Metro Utilities 9656 161St Ave NW, Elk River $60 *DEAL Maint&Mech 1568 143rd Ln NE, Ham Lake $60 CARNIVAL Pol Family Fun Shows Mankato, MN $200 (for Jamboree) PEDDLER'S LICENSE PD William Quenroe for Berkshire Home Solutions 1700 Niagara Ln, Plymouth Larry Anderson for Berkshire Home. Solutions 1700 Niagara Ln, Plymouth Noah Ewing for Berkshire Home Solutions 1700 Niagara Ln, Plymouth Benjamin Mansour for Berkshire Hm Sol. 1700 Niagara Ln, Plymouth Matt Milner Sales-Jerry&Erik Johnson 1298 52nd Ave. Fridley For Jamboree Parade TEMPORARY LIQUOR PD Immaculate Conception Church 4030 Jackson St-Aug Fun Fest $300 33 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: May 29, 2012 . STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 143557 through 143735 in the amount of$ 611,735.15. 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H % ZZQQ U + c1, 0 UH W 0 H Z> Haa W in 4 0 P W W 4 Cn •• H 51 Zn 1 x MMOHOHHH $ ZOHOHE co in M H EOHHW U r.CHH I:4a1HHG,W 0 F-Ig4 00 Q 0 in 1-ari a, I-aHUXr.GE51m ••04Cn< 4wr.000 u) Ufa ia1 z'7.� Z FI, H zz Cl P; I d1 H a' ,' U W Cl'. ,-a H I-1 1�7 H PC gP4FC Wal4MFFQ W HH a; U:ci) X0M a� xa G, •• x al UN a1 U W H,.a W W PH W W W',� p 1'7- W HOUEH a1 W U H O U m U W Z ZO KCraiHE1mw4a, a, H E..,0Oz [.., (nzz a W Oz AHFHG, HCHHFFHQW W HHwiiHOO a U in a in a H\ a Q 0U PC W XU1ar.� HEHmUUa, Er) aC/) COUHC� UU rt al Z U < a V c\1 1 � m\ 00.0 I H 000rN N O VH 0 Lr I N lN N lr1 NO mm r0i N M o Ol f'n' O NO LN n W M 0 1 O Q1' O Cr, fi, I H N N N N N N N M M M V1 V1 V1 V' lO■0 lO l0 lO l0 N N CO CO CO H in x , a) Cl CITY COUNCIL LETTER Meeting of: May 29,2012 AGENDA SECTION: PUBLIC HEARING ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM:ADOPT RESOLUTION 2012-068 BY: Kevin Hansen BY: ORDERING IMPROVEMENTS FOR CONCRETE DATE: 5/22/2012 DATE: ALLEY CONSTRUCTION BETWEEN JACKSON AND VAN BUREN STREETS FROM 40TH AVENUE TO 160 FEET NORTH OF 40TH AVENUE Background The City Council accepted the Feasibility Report and ordered an Improvement Hearing for May 29,2012 at their meeting of May 14, 2012. The alley reconstruction is located between Jackson Street and Van Buren Street from 40th Avenue to 160'north of 40th Avenue. The attached map displays the alley segment. Analysis/Conclusions: Distributed at the May 14,2012 regular City Council meeting was the Feasibility Report that details the scope of work and estimated costs for the alley segment. The slope from the gutter to end of the proposed reconstruction is 0.54%. This is considered excessively flat grade for drainage. Prior to constructing the alley,storm sewer pipe and catch basins will be installed to maximize collection of storm water runoff. The alley will be reconstructed from 40th Avenue to approximately 160' north of 40th Avenue. Small areas parallel to the alley of the adjacent bituminous parking lots will be reconstructed to match the new alley grade. This will require a construction easement from both properties to match in adjacent parking lots. Financing: The concrete alley reconstruction will be 100%assessed to the two abutting properties. Past Assessments: The Credit Union was assessed for a street or avenue parcel as part of the Street Rehabilitation program in Zone 6 in 2003. The funeral home will be assessed an avenue or street unit,respectively, for seal coat in 2012. Recommended Motion: Move to waive the reading of Resolution 2012-068,there being ample copies available for the public. Recommended Motion: Move to adopt Resolution 2012-068,being a resolution ordering improvements for concrete alley construction between Jackson and Van Buren Streets from 40th Avenue to 160 feet north of 40th Avenue. Attachment: Resolution 2012-068 Map Public Improvement Hearing Notice COUNCIL ACTION: 42 RESOLUTION 2012-068 ADOPT RESOLUTION 2012-068 BEING A RESOLUTION ORDERING IMPROVEMENTS FOR CONCRETE ALLEY CONSTRUCTION BETWEEN JACKSON AND VAN BUREN STREETS FROM 40TH AVENUE TO 160 FEET NORTH OF 40TH AVENUE WHEREAS, Resolution 2012-054 of the Columbia Heights City Council adopted the 14th day of May, 2012 fixed a date for a Council hearing on the proposed improvement for concrete alley construction between Jackson and Van Buren Streets from 40th Avenue to 160 feet north of 40th Avenue; AND WHEREAS,ten days' mailed notice and two published notices of the hearing a week apart were given, and the hearing was held on the 29th day of May, 2012, at which all persons desiring to be heard were given an opportunity to be heard thereon. WHEREAS,the Council determines to proceed with this local improvement, a portion of the cost being defrayed by special assessments under Charter provisions. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: 1. That the location and extent of such improvements is as follows: CONCRETE ALLEY CONSTRUCTION Between Jackson and Van Buren Streets from 40th Avenue to 160' north of 40th Avenue Work includes storm sewer construction,new granular sub-base(if needed), new aggregate base,new concrete alley with curb and gutter, new concrete alley apron,bituminous driveway, sod restoration, miscellaneous construction items, and appurtenances. 2. Such improvement is hereby ordered as proposed in the Council Resolution adopted this 29th day of May, 2012. 3. Such improvement is necessary, cost-effective and feasible as detailed in the feasibility report. 4. These improvements shall also be known as Project 1111 and PIR: 2012-Z6-06-001 for Concrete Alley Construction, and 5. The City Engineer, Kevin Hansen, is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. Passed this 29th day of May, 2012. Offered by: CITY OF COLUMBIA HEIGHTS Seconded by: Roll Call: Mayor, Gary L. Peterson Patricia Muscovitz, CMC City Clerk 43 ..- �. .,,,l•-ill: I r. _ fa t 111111111.W. . - I3:8 .5 N 2lfiE NVA � 1r, Ia�i • f _ ii ,,,_ . . , �� k , a _J_) I 1 i f lif j . i -.Ft 1 I } 1 y • . . . . :1"\\-\ ‘ 1 kki%h..--x.-7--iNik ,. 1 . 10 t ,1 I - . . �, i; _ . . II I it ... lip ,, r* I . 1 I _ _ ,I 11 � tikpllMIIIIIIII. ON La 1 I33aLS NOS>13V so - -- es o � Ns `J '_ _ 1II � - 11111 �• . L +t• ,, 1 ,rr• if -- CITY OF COLUMBIA HEIGHTS NOTICE FOR PUBLIC IMPROVEMENT HEARING Notice is hereby given that the City Council of Columbia Heights has determined the following Public Improvement Hearing be held on Tuesday,May 29,2012 at 7:00 P.M. in the City Council Chamber, 590 40th Avenue N.E. to consider: 2012 ALLEY IMPROVEMENT P.I.R.2012-Z6-06-001 —CITY PROJECT 1111 Alley Reconstruction: 40th Avenue to 160' north of 40th Avenue The proposed width remains approximately the same. Work includes removal of existing materials as needed, new storm sewer construction, new granular subbase if needed, 6" of new aggregate base, 8" of new concrete surfacing, and restoration of adjacent bituminous and turf surfaces. Estimated Cost of Improvements (not including storm sewer): $24,176. Estimated Assessments for above improvements: $24,176. Parcels Proposed to be Assessed or Impacted: 35-30-24-41-0031 35-30-24-41-0158 Said improvements are to be considered pursuant to Minnesota Statutes, Chapters 429, 444 and 469. The improvements are to be specially assessed on a unit, area, or frontage basis, or combination thereof against abutting and non-abutting properties and tributary to said improvements, or served by said improvements. The parcels and areas, as specially described herein, are subject to said special assessments unless otherwise noted. The parcel numbers represent the tax parcel identification numbers. To find your tax parcel number, check your real estate tax statement. The total estimated cost of the above listed improvements is $24,176. Persons desiring to be heard with reference to the proposed improvements will be heard at said time and place of the public hearing. Written or oral objections will be considered at the public hearing. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services,programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services,programs and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 763-706-3611, to make arrangements. (TDD/763-706-3692 for deaf only.) CITY OF COLUMBIA HEIGHTS WALTER FEHST, CITY MANAGER Published in Focus on 5/17/12 and 5/24/12 45 CITY COUNCIL LETTER Meeting of: May 29,2012 AGENDA SECTION: PUBLIC HEARING ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: ADOPT RESOLUTION 2012-067 BEING BY: Kevin Hansen BY:d�-1/,`" A RESOLUTION ORDERING IMPROVEMENTS DATE: May 22,2012 DATE: FOR SIDEWALK CONSTRUCTION ON THE NORTH SIDE OF 43RD AVENUE BETWEEN QUINCY STREET AND CENTRAL AVENUE Background: The City Council accepted the Feasibility Report and ordered an Improvement Hearin for May 29, 2012 at their meeting of May 14, 2012. The sidewalk improvement is on the north side of 43r Avenue between Central Avenue and Quincy Street. The attached map displays the sidewalk segment. Analysis/Conclusions: Distributed at the May 14, 2012 regular City Council meeting was the Feasibility Report that details the scope of work and estimated cost for the sidewalk improvement. Particular issues are summarized below: Scope of Work: There is sidewalk west of Central Avenue and east of Quincy Street. The proposed improvement completes the sidewalk along the north side of 43"Avenue. Current Public Rights-of-Way Accessibility Guidelines state driveway aprons shall have a 2%cross slope to the maximum extent feasible within the scope of a project. There is existing sidewalk through the east and west driveways, although the cross slope is about 6%. The sidewalk and driveway aprons are in good condition, consequently it is not feasible to include these in the scope of the project. Financing: The concrete sidewalk construction will be 100% assessed to the abutting property. Other Assessments: The shopping center will be assessed for seal coat in 2012. Recommended Motion: Move to waive the reading of Resolution 2012-067, there being ample copies available for the public. Recommended Motion: Move to adopt Resolution 2012-067, being a resolution ordering improvements for 43rd Avenue Sidewalk between Quincy Street and Central Avenue. Attachment: Resolution 2012-067 Map Public Improvement Hearing Notice COUNCIL ACTION: 46 RESOLUTION 2012-067 ADOPT RESOLUTION 2012-067 BEING A RESOLUTION ORDERING IMPROVEMENTS FOR SIDEWALK CONSTRUCTION ON THE NORTH SIDE OF 43RD AVENUE BETWEEN QUINCY STREET AND CENTRAL AVENUE WHEREAS, Resolution 2012-055 of the Columbia Heights City Council adopted the 14th day of May, 2012 fixed a date for a Council hearing on the proposed improvement along the north side of 43rd Avenue between Quincy Street and Central Avenue. AND WHEREAS, ten days' mailed notice and two published notices of the hearing a week apart were given, and the hearing was held on the 29th day of May, 2012, at which all persons desiring to be heard were given an opportunity to be heard thereon. WHEREAS, the Council determines to proceed with this local improvement, a portion of the cost being defrayed by special assessments under Charter provisions. NOW THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: 1. That the location and extent of such improvements is as follows: Sidewalk Construction—North side of 43rd Avenue, approximately 255' east of Quincy Street to 240' west of Central Avenue. Work includes 5' wide concrete sidewalk with driveway apron and turf restoration. 2. Such improvement is necessary, cost-effective, and feasible as detailed in the Feasibility Report. 3. Such improvement is hereby ordered as proposed in the Council Resolution adopted this 29th day of May, 2012. 4. These improvements shall also be known as Project 1209 and PIR 2012-Z6-10-001. 5. The City Engineer, Kevin Hansen, is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. Passed this 29th day of May, 2012. Offered by: CITY OF COLUMBIA HEIGHTS Seconded by: Roll Call: Mayor, Gary L. Peterson Patricia Muscovitz, CMC City Clerk 47 f i r 411 off-.. T ' L, , k. r_1 -.1.NM; 'x '", t It i .,. b a.: .1.S N2 :If18NVA -, - / ti / i, J �^' j, , ^a • 7 < 1.1111.'' 1 ---- -- td v. D a i. n IN co i Z F ' 11111111111 Wig " 1 `litti o.-.4 •. N .• I `., . iiii.or- , -ti � V _ , 1.-�� _1 , 1 LS NOSNOVr —�---_, I V .��.. ----- - ® wog- h N 4..44i : . — 1 I 4 OW' ! :. r P roil iiit1k. '*". 1. . wpr e .gip ,, CITY OF COLUMBIA HEIGHTS NOTICE FOR PUBLIC IMPROVEMENT HEARING Notice is hereby given that the City Council of Columbia Heights has determined the following Public Improvement Hearing be held on Tuesday,May 29,2012 at 7:00 P.M. in the City Council Chamber, 590 40th Avenue N.E. to consider: 2012 SIDEWALK IMPROVEMENT P.I.R. 2012-Z6-10-001—CITY PROJECT 1209 Work would include 5' wide concrete sidewalk construction with driveway apron and turf restoration on the north side of 43rd Avenue from 255' east of Quincy Street to 240' west of Central Avenue. Estimated Cost of Improvements: $14,245. Estimated Assessments for above improvements: $14,245. Parcels Proposed to be Assessed or Impacted: 35-30-24-11-0083 Said improvements are to be considered pursuant to Minnesota Statutes, Chapters 429, 444 and 469. The improvements are to be specially assessed on a unit, area, or frontage basis, or combination thereof against abutting and non-abutting properties and tributary to said improvements, or served by said improvements. The parcels and areas, as specially described herein, are subject to said special assessments unless otherwise noted. The parcel numbers represent the tax parcel identification numbers. To find your tax parcel number, check your real estate tax statement. The total estimated cost of the above listed improvements is $14,245. Persons desiring to be heard with reference to the proposed improvements will be heard at said time and place of the public hearing. Written or oral objections will be considered at the public hearing. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services,programs and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 763-706-3611, to make arrangements. (TDD/763-706-3692 for deaf only.) CITY OF COLUMBIA HEIGHTS WALTER FEHST, CITY MANAGER Published in Focus on 5/17/12 and 5/24/12 49 CITY COUNCIL LETTER Meeting of: May 29, 2012 AGENDA SECTION: PUBLIC HEARING ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM:ADOPT RESOLUTION 2012-069 BY: Kevin Hansen BY: ORDERING IMPROVEMENTSAND LEVYING DATE: 5/22/2012 DATE: AND ADOPTING THE ASSESSMENT FOR GRANDVIEW COURT Background: The Grand Central Lofts Development was initiated in 2003 with multi-family dwelling units consisting of 21 townhomes and three condo buildings. Ten of 21 townhomes have been built and only the first of three 66 unit condominiums have been completed. The economic downturn has certainly impacted this development. The original development plans provided for a private road called Grandview Court. The U-shaped road was built, but the final lift of bituminous was never placed. The Development Contract has been amended four times—the last time on March 2, 2010. The City Council accepted the Feasibility Report and ordered a Public Hearing for May 29,2012 at their meeting of May 14, 2012. The attached map displays the alley segment assessing the construction of the bituminous wear course on Grandview Court, as required in the development agreement(s),referenced above. In Article 7.1e of the Development Contract,the Developer waives the right of appeal under the State 429 statute. There will be 13 parcels included in the assessment. Two parcels are owned by New Heights Development and 11 parcels are owned by Grand Central Properties,which identify the current developer, Mr. David Kloeber, as the owner. Recommended Motion: Move to close the public hearing and waive the reading of Resolution 2012-069, there being ample copies available for the public. Recommended Motion: Move to adopt Resolution 2012-069,being a resolution ordering improvements and levying and adopting the assessment for construction of the bituminous wear course on Grandview Court. Attachment: Resolution 2012-069 Map COUNCIL ACTION: 50 CITY OF COLUMBIA HEIGHTS ANOKA COUNTY,MINNESOTA RESOLUTION 2012-069 ORDERING IMPROVEMENTS AND LEVYING AND ADOPTING THE ASSESSMENT FOR GRANDVIEW COURT Adopting assessment roll according to the City Charter for the following local improvements and determining that said improvements have been ordered and ratifying and conforming all other proceedings,heretofore had: Special Assessments numbered 2012-Z3-44-001: Bituminous wear course within the platted Grand Central Lofts Development on Grandview Court. WHEREAS,the City Council of the City of Columbia Heights,Minnesota,met at 7:00 o'clock p.m. on the 29th day of May,2012,in the City Council Chambers, 590 40th Avenue N.E.,Columbia Heights,Minnesota,being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits,and to the proportion of the cost of making the local improvements above described,a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS,this Council has heretofore estimated and fixed the cost of such local improvements and has prepared an assessment roll therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: Section 1. Such improvement is hereby ordered as proposed in the Council Resolution adopted this 29th day of May, 2012. Section 2. That this Council does hereby adopt the aforesaid assessment roll for local improvements known and described as"Bituminous Wear Course in the Grand Central Lofts Development"numbered 2012-Z3-44- 001,a copy of which is attached hereto and made a part hereof. Section 3: That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefited by such improvement in an amount not less than the amount set opposite in the column headed"Actual Assessment Amounts". And this Council further finds and determines that the proper proportion of the cost of such improvements to be specially assessed against such lot or parcel of land is the amount set opposite the description of each such lot or parcel of land respectively in said assessment roll. Section 4: That said assessments may be paid in part or in full without interest on or before June 28th,2012. Any unpaid amount will be certified to Anoka County for collection with the real estate taxes beginning with the taxes payable in the year 2013. The annual principal installments,together with 6.0%interest accrued on the unpaid balance are due and payable with the real estate taxes for a period of ten years or less as designated on the assessment roll. Section 5: That this Council did hereby determine and re-determine to proceed with said improvement,does ratify and confirm all other proceedings heretofore had in regard to this improvement,and said improvement shall hereafter be known and numbered as Local Improvement numbered 2012-Z3-44-001. Section 6: This resolution shall take effect immediately upon its passage. Passed this 29th day of May,2012 Offered by: CITY OF COLUMBIA HEIGHTS Seconded by: Roll Call: BY Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 51 City of Columbia Heights Actual Assessment Amounts ,(9 590 40th Avenue E Columbia Heights,MN 55421-3878 P:(763-706-3700) F: (760-706-3701) www.ci.columbia-heights.mn.us Project 2012-Z3-44-001 GRANDVIEW COURT OVERLAY Assessment Term (Years): 10 Proposed Interest Rate: 6.000% PIN Address Actual Assessment Amount 25-30-24-32-0064 4729 GRAND AVE 16,363.92 25-30-24-32-0065 1069 GRANDVIEW WAY 19,135.55 TOTAL NEW HEIGHTS DEVELOPMENT $35,499A7 25-30-24-32-0164 4802 GRANDVIEW CT 616.98 25-30-24-32-0163 4808 GRANDVIEW CT 541.74 25-30-24-32-0162 4814 GRANDVIEW CT 541.74 25-30-24-32-0161 4820 GRANDVIEW CT 616.98 25-30-24-32-0160 4826 GRANDVIEW CT 616.98 25-30-24-32-0159 4832 GRANDVIEW CT 541.74 25-30-24-32-0158 4838 GRANDVIEW CT 541.74 25-30-24-32-0157 4844 GRANDVIEW CT 616.98 25-30-24-32-0156 4850 GRANDVIEW CT 616.98 25-30-24-32-0155 4852 GRANDVIEW CT 541.74 25-30-24-32-0154 4854 GRANDVIEW CT 616.98 TOTAL GRAND CENTRAL PROPERTIES $ 6,410.58 52 1 ' 3 /- - / a- — 1,4144; T K. f " • ,y F I ;,.r. 1 , „ , 1 .� .� r Y r -•1 -544 -*,---,-,74- 1 ... 4,. „ill _. ,Oviii, . ` L. :oZ { 90Z 9$ • £ozl Igo >' II bIZl , .�: WAR , d, 9•C ,. ! • £9.1.1 b 16 L9 16 ,� �9. , , .-.., - 11 C°. . J� 55r � 1 3 U t t I. \ . ^ 1„, ill , I ti w 3 T H lir C°:14 . ' ' 4.., 00 r` f""..-pit'_` 131 ..4-mow.+. X00. A/�y� J (�Af V V�.}' li . . ,' ... .; il” ri 1 a 7I^7 Iii 1, Z9 Y' v Cr a .4.4 CD CNI OD � �-� by8t; �� l I ;:I CO lYi.J ` , O. if) • 1. O 1Z 998 ' v: • .•aiM•' °'; 't 1"-- ` IP� ' ) fit. d b e ' O "d c. t) p7':++� '�"�a 8b "ci.; �J ,,, ` f: A.�__ `'-- II.'• • 4 .. _, ,„ ii -'' - 4. ' 116a , ! /' 1 1 g a , (j. w� �. I s ' ,' a o �aa � ' � „..._ �” .al r 11 i Y .r - - . . 4 it t "SIM s.99# 'H'ES S CITY COUNCIL LETTER Meeting of May 29, 2012 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Revocation �f DATE: May 21, 2012 DATE: NO: 12-58 to 12-66 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at 2012-58— 1124-26 45th Avenue 2012-59— 1132-34 45th Avenue 2012-60—4318 3rd Street 2012-61 —5005 7th Street 2012-62—3814 Gauvitte 2012-63 —4124 5th Street 2012-64— 5250 7th Street 2012-65—3820 Hayes Street 2012-66—4544 Madison Street for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers 2012-58, 59, 60, 61, 62, 63, 64, 65, and 66 being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Numbers 2012-58, 59, 60, 61, 62, 63, 64, 65, and 66 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. COUNCIL ACTION: 54 RESOLUTION 2012-58 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 DMTE Enterprises (Hereinafter"License Holder"). Whereas, license holder is the legal owner of the real property located at 1124-26 45th 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 April 26, 2012 of an public hearing to be held on May 29, 2012. 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 March 19,2012 inspectors for the City of Columbia Heights,inspected the property described above and noted violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on April 26, 2012 inspectors for the City of Columbia Heights performed a reinspection and noted that violations remained uncorrected. . A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on May 17,2012 inspectors for the City of Columbia Heights checked records for this property and noted that the violations remained uncorrected 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Property Maintenance Code were found to exist,to-wit: a. Shall all/any missing storm windows b. Shall replace all/any broken windows c. Shall scrape and paint wherever there is peeling paint on the structure. SIDING d. Shall repair the foundation block work that is damaged on the east side of the house 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). 55 ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F11648 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. Passed this day of 2012 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 56 RESOLUTION 2012-59 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 Mujir Ibrahim(Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1132-34 45th 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 April 26, 2012 of an public hearing to be held on May 29, 2012. 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 March 19, 2012 inspectors for the City of Columbia Heights, inspected the property described above and noted violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on April 26, 2012 inspectors for the City of Columbia Heights performed a reinspection and noted that violations remained uncorrected. . A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on May 17,2012 inspectors for the City of Columbia Heights checked records for this property and noted that the violations remained uncorrected 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Property Maintenance Code were found to exist,to-wit: a. Shall scrape and paint wherever there is peeling paint on the structure. DOUBLE HUNG WINDOWS b. Shall repair/replace the screen(s)on the building 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 57 1. The rental license belonging to the License Holder described herein and identified by license number F11654A 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. Passed this day of 2012 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 58 RESOLUTION 2012-60 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 M.V.A. International (Hereinafter"License Holder"). Whereas, license holder is the legal owner of the real property located at 4318 3rd 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 May 3, 2012 of an public hearing to be held on May 29, 2012. 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 March 28,2012 inspectors for the City of Columbia Heights,inspected the property described above and noted violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on May 3, 2012 inspectors for the City of Columbia Heights performed a reinspection and noted that violations remained uncorrected. . A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on May 15,2012 inspectors for the City of Columbia Heights checked records for this property and noted that the violations remained uncorrected 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Property Maintenance Code were found to exist,to-wit: a. Shall remove any/all items that are blocking or impeding any/all exits or aisles. SHALL IMMEDIATELY REMOVE ALL/ANY APPLIANCES IN THE FRONT STAIRSWELLS, IN FRONT OF BOILER ROOM DOOR 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). 59 ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F10813 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. Passed this day of 2012 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 60 RESOLUTION 2012-61 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 Brad Truong (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 5005 7 Street, 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 April 25, 2012 of an public hearing to be held on May 29, 2012. 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 November 21,2011, inspection office staff sent a letter requesting the owner of the property complete the rental licensing process by scheduling an inspection with the Building Official. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on April 25, 2012 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: a. Failure to schedule an rental license reinspection with the Building Official 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 F11488 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; 61 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. Passed this day of 2012 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 62 RESOLUTION 2012-62 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 Christopher Quinn(Hereinafter"License Holder"). Whereas, license holder is the legal owner of the real property located at 3814 Gauvitte 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 May 2, 2012 of an public hearing to be held on May 29, 2012. 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 March 15, 2012 inspection office staff sent a letter requesting the owner of the property submit the rental license application for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on May 2,2012 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: a. Failure to submit renewal rental license 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 F10972A 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. 63 Passed this day of 2012 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 64 RESOLUTION 2012-63 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 Michael Nehmzow(Hereinafter"License Holder"). Whereas,license holder is the legal owner of the real property located at 4124 5th 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 May 11, 2012 of an public hearing to be held on May 29, 2012. 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 March 15, 2012,inspection office staff sent a letter requesting the owner of the property submit the rental license application for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on May 11, 2012 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: a. 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 Fl 1038 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. 65 Passed this day of 2012 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 66 RESOLUTION 2012-64 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 Geniz Romero Delfina(Hereinafter"License Holder"). Whereas, license holder is the legal owner of the real property located at 5250 7th 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 May 7, 2012 of an public hearing to be held on May 29, 2012. 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 March 15, 2012 inspection office staff sent a letter requesting the owner of the property to submit a family exempt renewal application. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on May 7,2012 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: a. Failure to submit a family exempt renewal application 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-5250-11 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. 67 Passed this day of 2012 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 68 RESOLUTION 2012-65 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 David Ernewein(Hereinafter "License Holder"). Whereas,license holder is the legal owner of the real property located at 3 820 Hayes 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 May 8, 2012 of an public hearing to be held on May 29, 2012. 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 March 15, 2012 inspection office staff sent a letter requesting the owner of the property to submit a family exempt renewal application. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on May 8,2012 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: a. Failure to submit a family exempt renewal application 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-3820-11 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. 69 Passed this day of 2012 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 70 RESOLUTION 2012-66 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 Wilton Smith(Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4544 Madison 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 May 1, 2012 of an public hearing to be held on May 29, 2012. 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 March 15, 2012,inspection office staff sent a letter requesting the owner of the property submit the rental license application for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on May 1,2012 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: a. Failure to submit annual 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 F11001 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. 71 Passed this day of 2012 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 72 CITY COUNCIL LETTER Meeting of May 29, 2012 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: Abatement DATE: May 22, 2012 DATE: NO: 12-57 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding properties at 2012-57 4201 Washington Street for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2012-57 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Number 2012-57 being a resolution 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. COUNCIL ACTION: 73 RESOLUTION 2012-57 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 James Spensley (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4201 Washington Street NE, Columbia Heights,Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on May 22, 2012. Now,therefore,in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights,the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on May 21,2012 an inspection was conducted on the property listed above. Inspectors found violations. The Fire Chief ordered the property be abated immediately due to be ing unsecured. 2. That on May 22,2012 office staff sent a statement of cause that was mailed via regular mail to the owner listed in the property records. 3. That based upon said records of the Fire Department,the following conditions and violations of City Codes(s)were found to exist, to wit: A. The Police Department received a call about the home located at 4201 Washington Street being vacant and unsecured. After Police and Fire response it was determined that the structure was a nuisance and the structure was boarded up and secured 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). 5. CONCLUSIONS OF COUNCIL 1. That the property located at 4201 Washington 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. 74 ORDER OF COUNCIL 1. The property located at 4201 Washington 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. Passed this day of 2012 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk 75 CITY COUNCIL LETTER Meeting of: May 29, 2012 AGENDA SECTION: ORDINANCES AND ORIGINATING CITY RESOLUTIONS DEPARTMENT: MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: SECOND READING OF ORDINANCE BY: CHARTER BY: NO. 1607, AN ORDINANCE COMMISSION DATE: PERTAINING TO CHAPTER 4, DATE: 5-17-12 SECTIONS 33 &34,NOMINATIONS & ELECTIONS NO: In April,the City Clerk presented a change to the Charter Commission to amend the City Charter section relating to elections; specifically, write-in candidates. This amendment request is to create a new section in Chapter 4 (Section 33),entitled"Write-In Candidates".The intent is to add a section to the Charter requiring general election write-in candidates to file a written request to have their votes counted with the City Clerk no later than seven days prior to the general election. Write-in candidates that do not file with the City Clerk by this time will have their votes counted collectively as votes for a single candidate. The requested language and information was obtained from the City of Blaine that just passed this same amendment to their Charter.It would translate to Chapter 4,Section 33 of our Charter(see attached recommended Ordinance). A significant amount of election close-out time is spent recording individual write-in candidate names. Unfortunately, some voters think it is important to write-in their own name or favorite cartoon character in multiple races. This amendment would eliminate the requirement to record every name, for every office, individually. It would allow only pre-registered write-in candidates to be recorded individually.This,in no way, deters a voter's privilege to cast a write-in vote. The Charter Commission has held two readings on this proposed change(on April 19 and May 10, 2012). This will allow the proper time line for the City Council to hold two readings and, if passed, the 90 days for the amendment to go into effect and be in place for General Election this November. The first reading of this ordinance by the City Council was held on May 14, 2012. RECOMMENDED MOTION:Move to waive the reading of the ordinance,there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1607, being an ordinance amending Chapter 3, Sections 33 and 34 of the Charter of the City of Columbia Heights. COUNCIL ACTION: 76 ORDINANCE NO. 1607 BEING AN ORDINANCE AMENDING CHAPTER 4,NOMINATIONS AND ELECTIONS, SECTIONS 33 AND 34 OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Section 1: Chapter 4, Sections 33 and 34 of the Charter of the City of Columbia Heights which currently reads as follows, to wit: Section 33. CANVAS OF ELECTIONS. The council shall meet and canvas the election returns within seven days after any regular or special election, and shall make full declaration of the results as soon as possible, and file a statement thereof with the city clerk. This statement shall include: (a) the total number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the vote for each candidate, with an indication of those who were elected; (d) a true copy of the ballots used; (e) the names of the judges and clerks of election; and (f) such other information as may seem pertinent. The city clerk shall forthwith notify all persons elected of the fact of their election. (Ordinance No. 1597,passed on May 9,2011) Section 34. PROCEDURE AT ELECTIONS. The conduct of elections shall be regulated by ordinance, subject to the provisions of this charter and of the General Laws of Minnesota. IS HEREWITH AMENDED TO READ AS FOLLOWS: Section 33. WRITE-IN CANDIDATES. A write-in candidate who wants their write-in votes to be counted in the general election must file a written request with the City Clerk no later than seven(7)days before the general election. All write-in votes cast for candidates who have not filed a written request to have these votes counted shall be treated collectively as votes for a single candidate. Section 33 34. CANVAS OF ELECTIONS. The council shall meet and canvas the election returns within seven days after any regular or special election, and shall make full declaration of the results as soon as possible, and file a statement thereof with the city clerk. This statement shall include: (a) the total number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the vote for each candidate, with an indication of those who were elected; (d) a true copy of the ballots used; (e)the names of the judges and clerks of election; and (f) such other information as may seem pertinent. The city clerk shall forthwith notify all persons elected of the fact of their election. (Ordinance No. 1597,passed on May 9,2011) 77 Section 34. 35. PROCEDURE AT ELECTIONS. The conduct of elections shall be regulated by ordinance, subject to the provisions of this charter and of the General Laws of Minnesota. Section 2: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. First Reading: May 14, 2012 Second Reading: May 29, 2012 Date of Passage: Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Patricia Muscovitz, CMC City Clerk/Council Secretary 78