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HomeMy WebLinkAbout01/14/2013 Regular OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY,JANUARY 14,2013 THE FOLLOWING ARE THE MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL HELD AT 7:00 P.M. ON MONDAY,JANUARY 14,2013 IN THE CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH AVENUE N.E., COLUMBIA HEIGHTS,MINNESOTA. 1. CALL TO ORDER/ROLL CALL/INVOCATION Pastor Dan Thompson of Heights Church gave the invocation. 2. OATH OF OFFICE/PLEDGE OF ALLEGIANCE The City Clerk/Council Secretary, Tori Leonhardt administered the Oath of Office to Mayor Gary Peterson, Councilmember Robert "Bobby" Williams, and Councilmember Bruce Nawrocki. 3. ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson added, Nomination for Council President under New Business. Nawrocki informed the councilmembers, staff and residents about the upcoming pancake breakfast which will be held on Friday, February 1, 2013 from 8:30 AM-10:00 AM at the Lighthouse of Columbia Heights located at 3801 Hart Blvd. Cost is $3.00 per person with all proceeds going to the "Friends of Columbia Heights Public Library" organization. Nawrocki stated he wanted some additional information in regards to the events that happened at the smoke shop next to Sarna's on 401h Avenue. He would like copies of any permits that have been issued to the business. 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS 5. CONSENT AGENDA Councilmember Nawrocki asked that items A, C, and I be pulled from the consent agenda for further discussion. City Manager, Walt Fehst, took the councilmembers through the remaining items on the consent agenda. A. Approve the minutes of the December 10, 2012 Council Meeting=Removed B. Accept Board and Commission Meeting Minutes Motion: Move to accept November 7, 2012 minutes of the Library Board. Motion: Move to accept January 4, 2013 minutes of the Planning and Zoning Commission. C. Designate 2013 Official Legal Newspaper for the City of Columbia Heights - Removed D. Adopt Resolution 2013-01, being a Resolution Designating Official Depositories for the City of Columbia Heights Motion: Move to waive the reading of Resolution 2013-01, there being ample copies available to the public. City Council Minutes Monday,January 14,2013 Page 2 of 13 Motion: Move to adopt Resolution 2013-01, being a Resolution Designating Official Depositories for the City of Columbia Heights. E. Adopt Resolution 2013-02, being a Resolution to Accept Certain Donations received by the City of Columbia Heights Motion: Move to waive the reading of Resolution 2013-02,there being ample copies available to the public. Motion: Move to adopt Resolution 2013-02, being a Resolution to Accept Certain Donations received by the City of Columbia Heights. F. Appoint Donna Schmitt as Council Liaison for the Mississippi Water Management Organization for 2013 Motion: Move to approve the Mayor's appointment of Donna Schmitt to the Mississippi Water Management Organization for 2013. G. Appoint Gary Peterson, Bruce Nawrocki, and Bobby Williams to the HRA and EDA vacant positions Motion: Move to approve the Mayor's appointment of Gary Peterson, Bruce Nawrocki and Bobby Williams to the vacant HRA positions. Motion: Move to approve the Mayor's appointment of Gary Peterson, Bruce Nawrocki and Bobby Williams to the vacant EDA positions. H. Appoint the Mayor and City Manager to the Columbia Heights Volunteer Firefighters Relief Association board of trustees for 2013 Motion: Move to appoint the Mayor and City Manager to the Columbia Heights Volunteer Firefighters Relief Association board of trustees for 2013. I. Authorize the Mayor and City Manager to enter into a three-year Fire and EMS service contract with the City of Hilltop - Removed J. Approval of attached list of rental housing applications Motion: Move to approve the items listed for rental housing license applications for January 14, 2013 in that they have met the requirements of the Property Maintenance Code. K. Approve Business License Applications Motion: Move to approve the items on the business license agenda for January 14, 2013 as presented. L. Establish John P. Murzyn Hall rental rates for 2014 Motion: Move to adopt the 2014 John P. Murzyn Hall rental rates as outlined by the Park and Recreation Commission at their meeting of December 12, 2012. M. Review Payment of Bills 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 146143 through 146597 in the amount of $2,032,448.16. City Council Minutes Monday,January 14,2013 Page 3 of 13 Fehst wanted bring attention to and thank the Booster Club, as they have been the biggest contributor to the City of Columbia Heights and the School District. They have donated over a million dollars over the years. Motion by Diehm, seconded by Williams, move to approve the consent agenda with the exceptions of items A, C and I as presented. Upon Vote: All ayes, Motion carried. Item A (Removed from consent) Discussion on Approval of City Council Minutes of December 10, 2012. Nawrocki stated he wanted two important items added to the minutes in regards to the budget. In spite of a lot of the reductions to properties in the city, Finance Director Kloiber stated there was approximately a $400,000 increase in property taxes for the general fund for the city. Second, in the twenty-one communities in Anoka County, the City of Columbia Heights is in the upper third when it comes to property taxes per given value home site. Motion by Nawrocki, seconded by Diehm, to amend and approve the City Council Minutes of December 10, 2012 by adding to the minutes the following comments by Nawrocki. (1) In spite of a lot of the reductions to properties in the city, Finance Director Kloiber stated there was approximately a$400,000 increase in property taxes for the general fund for the city. (2) In the twenty-one communities in Anoka County, the City of Columbia Heights is in the upper third when it comes to property taxes per given value home site. Fehst stated again, as he did in the last meeting, that if you look at the median property value in the city and the amount of taxes assessed, the City of Columbia Heights is among the lowest compared to one hundred and eighty other cities in the area that offer approximately the same services. Upon Vote: All ayes; Motion carried. Item C, (Removed from consent) Discussion on Designating 2013 Official Legal Newspaper for the City of Columbia Heights. Fehst stated the City did receive a request from the Anoka County Record to be considered as the City's Official Legal Newspaper and both he and the city attorney looked at the distribution of the paper and felt it did not have the circulation and distribution that the Sun Focus has, along with the fact it was a bi-weekly paper. Nawrocki asked if we contacted the Northeaster. Nawrocki also stated there was an error on page 43 in the price quote listed from the Sun Focus. It stated $9.90 per column inch and it should be $10.90 per column inch. He questioned the delivery of the Sun Focus to rental properties. Fehst stated 99% of people get the paper on a weekly basis and this is important. It is a hard copy that goes to the door directly. Motion by Williams, seconded by Schmitt move to approve Designating the Sun Focus as the Official Legal Newspaper for the City of Columbia Heights. City Council Minutes Monday,January 14,2013 Page 4 of 13 Upon Vote: All ayes; motion carried. Item I, (removed from consent) authorize the Mayor and City Manager to enter into a three- year Fire and EMS service contract with the City of Hilltop. Councilmember Nawrocki would like a better explanation of how the City calculates the dollar amount for this each year. Fehst said there is a formula based on the number of calls, capital equipment costs and the population. The amount that we charge now, would be less than this amount; however we feel it is important to recognize the cost of living and service level that we have been giving these past years and would to maintain that. Nawrocki asked what numbers are used in the formula. Chief Gorman stated it is hard to say what those numbers are exactly as it is based on our budget and since labor agreements are not settled yet, we do not have final numbers yet. This was a fair way of getting a contract in place and try to settle the difference. Motion by Williams, seconded by Diehm to authorize the Mayor and City Manager to enter into a three year Fire and EMS service contract with the City of Hilltop. Upon Vote: All ayes. Motion carried. Mayor Peterson added to the agenda Nomination for Council President. Motion by Williams, seconded by Schmitt to nominated Diehm for Council President for 2013. Upon Vote: All ayes. Motion carried. 6. PUBLIC HEARINGS A. Adopt Resolution 2013-04, 1036 Gould Avenue NE being a declaration of nuisance and abatement of violations within the City of Columbia Heights Fire Chief Gary Gorman indicated that the Fire Department received information from Anoka County Social Services that the property was uninhabitable. On December 13, 2012, the Fire Department received an administrative search warrant. Notice was then given to the owner and Anoka County that the property was deemed uninhabitable and the owner/occupant could no longer stay in the property due to living conditions. The County tried on several occasions to place the owner/occupant in a different location,but the owner/occupant refused to cooperate. On January 7, 2012 the Fire Department arrived at the property with the Building Official, Police, Social Services and Allina Health Care. The owner/occupant was transported to Fairview/Riverside for a mental health evaluation. On January 8, 2013 the Fire Department sent statement of cause to the registered owner of the property and is seeking approval of the immediate abatement of the hazardous situation located at 1036 Gould Avenue NE. They went in and winterized the property. The city did three previous interior abatements on this property. Schmitt asked if it was last January when the city did something similar and talked to the son. Are they still communicating with you? Gorman indicated that this time around, no, the family stepped back and the city initiated this abatement, however, the occupant initiated her move out of the property. She had already called Excel and CenterPoint to disconnect services. Nawrocki stated he drove up and down the alley and looked at the property and wanted to know what the problem was with the property since he City Council Minutes Monday,January 14,2013 Page 5 of 13 was unable to see anything. Gorman stated the problem is the living conditions with the interior of the property. It is unclean and unhealthy due to garbage. Peterson asked if there was anyone present at the meeting tonight in regards to this property. There being none. Motion by Diehm seconded by Williams, move to close the public hearing and to waive the reading of Resolution Number 2013-04, there being ample copies available to the public. Upon Vote: All ayes. Motion carried. Motion by Diehm seconded by Williams, move to adopt Resolution Number 2013-04, 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. Upon Vote: All ayes. Motion carried. B. Approve Resolution 2013-03, Parking Variance for Proposed Daycare at 4347 Central Avenue Community Development Assistant Director, Sheila Cartney stated, at this time the applicant is requesting a variance to parking requirements in association with locating a daycare center at 4347 Central Avenue NE. She is required to have thirteen and has nine. The variance request is as follows: A variance to allow four(4) less parking stalls than the minimum required per Code Section 9.106 (L)(10). The applicant is also requesting approval of shared parking with the property to the south per Code Section 9.106 (L)(9). The applicant wishes to locate her business in the former Anderson's Heating and AC building located at 4347 Central Avenue. Currently, there is no striped parking on the premises. Because the change of use requires more parking than the type of business previously at that location, the new business would have to comply with all the minimum requirements of the City Code pertaining to off-street parking. The preexisting placement of the building on the undersized parcel demonstrates an undue hardship on the property,justifying the parking setback and drive aisle width variances that were previously granted in July 2012. The need for the 4-stall parking variance is strictly a function of the type of business that wishes to locate on the premises. The applicant plans to bus students with cargo vans to and from the daycare lessening the need for parking and she has permission from the adjacent property owner, Sarah's Tobacco, for shared parking up to six stalls. There is an existing sidewalk for the drop off. Outdoor play area will be fenced in. The Planning and Zoning Commission held a Public Hearing for the request on January 2, 2013 and recommended approval with a 4-0 vote. Staff also recommends approval. Nawrocki asked if they expect to have thirty-four kids, how many employees will there be? Cartney replied that there will be six employees and the owner will pick up the majority of the students from school and from home with two vans and the employees would park to the south. There is also a place to play that will be fenced in. Schmitt asked why the school is not dropping off at the facility, are they too close? Saynab Yusus, 7555 Van Buren Street, applicant for the variance, stated sometimes the school will bring them,but it will be her plan to be bringing the children. City Council Minutes Monday,January 14,2013 Page 6 of 13 Motion by Williams seconded by Schmitt, move to waive the reading of Resolution 2013-03, there being ample copies available to the public. Upon Vote: All ayes. Motion carried. Motion by Williams seconded by Schmitt, move to approve Resolution 2013-03, approving a variance from certain conditions of the City of Columbia Heights Zoning Code for property at 4347 Central Avenue. Upon Vote: All ayes. Motion carried. Motion by Williams seconded by Schmitt, move to approve shared parking for the proposed daycare with the property to the south (4329 Central Ave). Upon Vote: All ayes. Motion carried. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions- none B. Bid Considerations- none C. New Business and Reports Nawrocki wanted to let everyone know, the Friends of the Library, who is made up of volunteers, meets at library and their goal is to raise money for books. On Friday, February 1St from 8:30— 10 AM, they will be sponsoring a pancake breakfast at The Lighthouse of Columbia Heights. This is the senior facility located at 3801 Hart Blvd. The cost is $3 per person, which includes pancakes, sausage,juice and coffee. There is no charge for seconds. All proceeds go to organization. He encourages all to attend. Nawrocki stated there have been some problems with the Smoke shop located on 40th Avenue and would like to know what the results were. He would like a copy of permits and any requirements and ordinances that they have for their operation. He would like to know if there was a fine or penalty imposed from the last incident. Fehst stated the police had gone to property and there were too many people in the facility and previously they had some problems with the purchase of marijuana in the parking, but this was not related to this last incident. Gorman stated the owner was very cooperative and that night there were approximately ninety occupants in the building and the occupancy load is around sixty, the doors were locked door during business hours and the location of fire extinguisher was not to code. They are waiting for a court date and then he will follow up with the outcome. Nawrocki said he has heard of noise complaints from the residents in the back of the building. We need to give some extra consideration to the residential area. City Attorney, Jim Hoeft, stated there is a criminal complaint filed against the business owner and the property owner. There have been charges filed. Nawrocki indicated he follows the reports of the library committee and he gathers their intent is to make a recommendation for a new building, not to talk about costs or how to raise the money. We need to get some estimates on costs and where the money will come from. Fehst indicated he wanted to update the council on a meeting that is being suggested. Diehm stated she is anxious to hear what the committee has come up with in terms of recommendations. Rather than having them spend a lot of time on cost and payment, let them come back to us and tell us what City Council Minutes Monday,January 14,2013 Page 7 of 13 they found, see if we agree and then we can give them some direction on where to go from here. Fehst stated the nature of their last few meetings has been to focus on a recommendation to give to council, so they have requested to have a special City Council meeting Thursday, January 24th at 6:30pm with the Library Board and Library Task Force for the purpose of considering the possibility of purchasing the office building at the corner of 40th Avenue and University. This building would house City Hall, the Library and Senior Housing on the upper levels. About 70% of space is available now. They would like us to at least consider the prospect. This would provide about 20,000 square feet on first floor and additional space on the south east side. Nawrocki stated parking for library maybe a problem. Fehst stated they could add more parking on the south west side. Fest indicated he was asked to have the Council call a Special Meeting to include the Library Task Force and Library Board, so everyone will receive the information at the same time and to see what develops. Nawrocki indicated he strongly disagrees with moving forward on this without knowing what the costs are going to be. Motion by Diehm, seconded by Schmitt, move to set a Special City Council Meeting on Thursday, January 24, 2013 at 6:30 PM with the Library Board and Library Task Force. Upon Vote: All ayes. Motion carried. 8. ADMINISTRATIVE REPORTS Report of the City Manager— Fehst indicated the Local Government Annual Meeting will be on Wednesday, January 30,h at Murzyn Hall and box lunches will be offered. The meeting starts at 6pm and dinner will be served at 6:15 PM, as the meeting is taking place. We will have public safety officers there, story boards up in various areas of the last ten years, and the chief will get up and discuss issues of crime activity. Part one and part two crimes have dropped and we are in the middle of the pack. We are moving in right direction. Owe that to the support and efforts of the Mayor and City Council who allowed money to be put in budget to handle this proactively and holding our officers accountable for each and every shift. Nawrocki stated there has been a decrease in crime because they have more ways to track down the prep's. Nawrocki stated that the City of Fridley has a program with a little tighter control on expenses within their departments such as, who gets paid to go to meetings and who does not. He would like the City Manager to check into the way that Fridley handles their budgeting of this and report back with some information. Report of the City Attorney -None 10. CITIZENS FORUM Mayor Peterson indicated the Columbia Heights Activity Fund will be starting a new program with building a monument in the round-a-bout at Huset parkway. It will be called the Heritage Tower, honoring our community and the diverse cultures of people who came here before them from all over the world. There will be four separate sides to the monument. They will start with a fund raiser, selling sponsorships, and bricks, along with holding a press conference on Thursday, January 24, and will continue to raise money and awareness with upcoming events and fundraisers. The project is proposed to be completed in May 2013. City Council Minutes Monday,January 14,2013 Page 8 of 13 Peterson also wanted the community to be aware of the new posters that are being displayed at City Hall, the Recreation Department and the Library. The poster is about how to build a community and what a community means. He strongly encourages everyone to come out and read one of the three posters that are hung in the city. 11. ADJOURNMENT Mayor Peterson adjourned the meeting at 8:05 PM. T ri Leoikardt, City Clerk/Council Secretary City Council Minutes Monday,January 14,2013 Page 9 of 13 RESOLUTION NO. 2013-001 DESIGNATE OFFICIAL DEPOSITORIES FOR THE CITY OF COLUMBIA HEIGHTS IT IS HEREBY RESOLVED, that Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank are hereby designated as depositories of the funds of this corporation. IT IS FURTHER RESOLVED, that checks, drafts, or other withdrawal orders issued against the funds of this corporation on deposit with said banks shall be signed by the following: Mayor City Manager Treasurer-Finance Director and that said banks are hereby fully authorized to pay and charge to the account of this corporation any checks, drafts, or other withdrawal orders. 4. BE IT FURTHER RESOLVED, that Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank are hereby requested, authorized and directed to honor checks, drafts or other orders for the payment of money drawn in this corporation's name, including those drawn to the individual order of any person or persons whose name or names appear thereon as signer or signers thereof, when bearing or purporting to bear the facsimile signatures of the following: Mayor City Manager Treasurer-Finance Director and that Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank shall be entitled to honor and to charge this corporation for all such checks, drafts or other orders, regardless of by whom or by what means the facsimile signature or signatures thereon may have been affixed thereto, if such facsimile signature or signatures resemble the facsimile specimens duly certified to or filed with the Banks by the Treasurer or other officer of his corporation. BE IT FURTHER RESOLVED, with respect to limited-purpose imprest bank accounts at Northeast Bank, the applicable signatories in the foregoing part of this resolution, for both original and facsimile signatures, shall be any two of the three persons listed above. BE IT FURTHER RESOLVED, that any and all resolutions heretofore adopted by the City Council of the corporation and certified to as governing the operation of this corporation's account(s) with it, be and are hereby continued in full force and effect, except as the same may be supplemented or modified by the foregoing part of this resolution. BE IT FURTHER RESOLVED, that all transactions, if any, relating to deposits, withdrawals, rediscounts and borrowings by or on behalf of this corporation with said banks prior to the adoption of this resolution be, and the same hereby are, in all things ratified, approved and confirmed. BE IT FURTHER RESOLVED, that any bank designated above as a depository, may be used as a depository for investment purposes, so long as the investments comply with authorized investments as set forth in Minnesota Statutes. BE IT FURTHER RESOLVED, that any brokerage firm with offices in the State of Minnesota may be used as a depository for investment purposes so long as the investments comply with the authorized RESOLUTION NO.2013-002 ACCEPT CERTAIN DONATIONS RECEIVED BY THE CITY OF COLUMBIA HEIGHTS WHEREAS,the City 0f Columbia Heights has received the following donations; BE IT HEREBY RESOLVED by the City Council of the City Of Columbia Heights,that the City o[Columbia Heights accepts these donations,subject m the donor-prescribed terms listed: owm/ Donor ovcmo' Amount Purpose 512112012 FRIENDS OFCOL, HGTS 142855 600.00 COMM DeV *u10/2012 weos*mxN.o4wwY 142467 50.00 FIRE e/15/2012R|px|.o*M/+m 14307$ 200.00 FIRE 8/6/2012 ALERV8 FINANCIAL 143609 100�00 FIRE 12119/2012 eovYADA.pATR|Cu\A 1*5379 /oo.00 p|nE 3/5/2012 LIBRARY 142144 59,97 uon*Rv 3112/2012 LIBRARY 142203 214.9e uonmRY 3/19/2012 LIBRARY 142248 117.00 L|Bnxnv 3/18/2012 LIBRARY 14e249 100.00 LIBRARY 3126/2012 LIBRARY 142304 294.60 U8FmRv 4/2/2012 LIBRARY 142378 120.28 uBnxnY 419/2012 LIBRARY 142443 10.00 u8nARv 4/8/2U12 FRIENDS OF THE SAINT PxV 142454 600.00 LIBRARY 5121/2012 LIBRARY 142858 25.00 LIBRARY 8/612012 MURZYw.RUGoeLL 143e18 725.00 PARKS mVrmo1ux1ERUGFINANCIAL 143019 100.00 pOL|os 6/20/2012 Anonymous 143122 300o0 F|RE\w0m<S 7Y11om1u COL oGTS LIONS CLUB 1*3348 500.00 n*EvvDRKa e00001ocnEorv|sw MANAGEMENT SE 143206 25u0 F(nEm/0nnn 7Y6x2012K0RDmK^J|M 143289 25�00 FIREWORKS 6/22/2012 Anonymous 143148 400.00 HEIGHTS IDOL 7/11/2n1u COL H8TS ATnLETICaoo8TE 14o34o1r.uou.VORECREATION n1a/2012 SPORTS STAR PHOTOGRAPHY 143417 906.62 RECREATION 1/anom,o SHAMROCK CASINO TOURS 141873 20.00 SENIOR PROGRAM 2/3/2012 PsTEwe.mAR/LYN 1419(A 6.00 SENIOR PROGRAM 213/2012HEDERMAN.D*NNY 141905 50.00 SENIOR PROGRAM 0/512V1u SHAMROCK CASINO TOURS 1*2993 28.00 SENIOR PROGRAM r/10/2V12A. NORMAN&CO, INC. 1*3338 235.00 SENIOR PROGRAM Passed this l4d day of January,2013 Offered by: Seconded by* City Council Minutes Monday,January 14,2013 Page 10 of 13 investments as set forth in Minnesota Statutes. Passed this 14th day of January, 2013 Offered by: Diehm Seconded by: Williams Roll Call: All Ayes RESOLUTION NO.2013-03 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR SAYNAB YUSUF WHEREAS, a proposal (Case # 2013-0101) has been submitted by Saynab Yusuf to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4347 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A variance to allow four (4) less parking stalls than the minimum requirement per Code Section 9.106 (L)(10). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on January 2, 2013; 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 City Council Minutes Monday,January 14,2013 Page 11 of 13 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 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 City Council approves shared parking with the adjacent parcel to the south at 4329 Central Avenue and 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. CONDITIONS ATTACHED: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. 2. A contract for the shared parking shall be approved by the City Attorney and filed with the Anoka County Recorder's Office within 60 days after approval of the shared parking use. 3. At least 75 square feet of outside play area shall be provided for each child under care. 4. Short-term parking of vehicles engaged in loading and unloading of children shall be provided as close as practical to the principal entrance. Passed this 14th day of January, 2013 Offered by: Diehm Seconded by: Williams Upon Vote: All Ayes: RESOLUTION 2013-04 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 Diane P. Egli (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1036 Gould Avenue N.E. Columbia Heights, Minnesota. City Council Minutes Monday,January 14,2013 Page 12 of 13 And whereas, pursuant to Columbia Heights Code, Chapter 8, Article Il, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on January 8, 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 November 21, 2012 the Fire Department received information from Anoka County Social Services that the property was uninhabitable. 2. That on December 13, 2012 the Fire Department received an administrative search warrant. Contact was made with Anoka County Social Services and the owner, Diane P. Egli to notify them that the property was deemed uninhabitable and the owner/occupant could no longer stay in the property due to living conditions. Anoka County tried on several occasions to place Diane in a different location. Diane refused to cooperate. FD advised Diane that we would be removing her from the property on 1/7/13 and that it was in her best interest to work with the County on placement. 3. That on January 7, 2013 the Fire Department arrived at property with Building Official, Police, Social services, and Allina. Diane was transported to Fairview/Riverside for a mental health evaluation. The Building Official posted the property uninhabitable. Diane will not be able to return home without the property being completed cleaned and the Building Official's approval. Diane stated she was having power and gas shut off to the house. The City had the water shut off and hired a contractor to winterize the property. 4. That on January 8, 2013 the Fire Department sent statement of cause to the registered owner of the property at the address listed in the Anoka County Property Records database. 5. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: A. Approve the immediate abatement of the hazardous situation located at 1036 Gould Avenue N.E. 6. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 1036 Gould Avenue 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 City Council Minutes Monday,January 14,2013 Page 13 of 13 tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 1036 Gould Avenue 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 14"' day of January 2013 Offered by: Diehm Second by: Williams Roll Call: All ayes, motion carried