Loading...
HomeMy WebLinkAbout11/27/2006_RecessedIJ CITY OF ROCHESTER COUNCIL AGENDA ROOM 104 CITY HALL 201 4T" STREET SE MEETING NO. 29 RECESSED PLEDGE OF ALLEGIANCE PAGE Q(o-a5 NOVEMBER 27, 2006 4:00 P.M. A) OPEN COMMENT PERIOD (the open comment section was considered at the regularly scheduled November 20, 2006, Council meeting) B) CALL TO ORDER C) LETTERS AND PETITIONS D) CONSENT AGENDA/ORGANIZATIONAL BUSINESS 1) Professional Services Agreement for the Silver Lake Shoreline Buffer TMDL Project (J6558) E) HEARINGS 1-2 1) Continued Public Hearing on the Issue of Rental License Suspension at 224-224'/2 19th Avenue S.W. F) REPORTS AND RECOMMENDATIONS G) RESOLUTIONS AND ORDINANCES H) TABLED ITEMS 1) OTHER BUSINESS J) ADJOURNMENT REQUEST FOR COUNCIL ACTION MEETING DATE: 11 /27/06 ",GENDA SECTION: ORIGINATING DEPT: ITEM NO. CONSENT Public Works 'D - ITEM DESCRIPTION: Professional Services Agreement for the I PR PARED BY: Silver Lake Shoreline Buffer TMDL Project (J6558) 1A)tB. Huberty (,A) In August 2006, the Council adopted a resolution authorizing the submittal of a Total Maximum Daily Load (TMDL) grant application to the Minnesota Public Facilities Authority (PFA) for a shoreline buffer project to reduce the loading of fecal coliform bacteria to Silver Lake from pet and wildlife waste. The project will involve the creation of a native vegetative buffer around approximately 11,000 linear feet of Silver Lake that will provide filtration capacity to reduce the concentration of fecal coliform bacteria that reaches the lake from runoff contaminated by goose waste and pet waste. The PFA awarded $275,000 to the City as a 50% match for this project. This project has been submitted as a 2007 Capital Improvement Project to be funded with Storm Water Utility Funds to cover the cost of the City's share. The City prepared a Request for Proposals for professional services to design and oversee the installation of this project. Five firms provided responses and two firms were interviewed. City staff recommends that the contract for this project be awarded to Wenck Associates, Inc. and their partner, The Kestrel Design Group. Of all the submittals, this team had the best enge of experience for this type of project in this setting and the most integrated and exhaustive expertise that staff feel will provide the best overall project value to insure project success. COUNCIL ACTION REQUESTED: Authorize the Council President and the Mayor to enter into a Professional Services Agreement with Wenck and Associates, Inc. in an amount not to e)ceed $92,527. COUNCIL ACTION: Motion by: Second to: P:TROJECTSU-PROJU6558 Silver Lake Shoreline BufferlPFA grant contract award RCA.DOC RCwur—a I rum UUUNUIL Al. I IUIV MCC 1 II V V DATE: 11/27/06 -AGENDA SECTION: ORIGINATING DEPT: ITEM NO. �UBLIC HEARINGS CITY ADAM-IISTRATOR E� / / `7M DESCRIPTION: HOUSING CODE VIOLATIONS AT 224 — 2241/2 19 AVENUE PREPARED BY: J T.SPAETH On September 6, 2006 the Council held a public hearing relating to the property located at the above mentioned address, in which there have been 3 housing code violations cited since August 17, 2005. After taking testimony and gathering evidence, the Council adopted findings of fact and ordered the following: 1. The property owner is placed on probation for a period of six months. During the probationary time period, the property owner must comply with all federal, state and local laws and ordinances, and the condition stated below. 2. No later than October 23, 2006, which is 45 days from the date of this public hearing, the property owner must cause all correction orders issued for the property located at 224 and 224 '/: 19`h Avenue SW, to be satisfied. Furthermore, during the same time period, the property owner must obtain a rental registration certificate for this property and provide the Building Safety Department with a copy of a rental management agreement that is valid for at least one year. The Building Safety staff has indicated that the property owner has not complied with the Council's order ( see attached memo) COUNCIL ACTION REQUESTED: Council shall consider and hear the evidence presented in making a determination to whether the property owner has complied with the Council's order of September 6, 2006, and consider suspension of the rental certificate, revoke a rental certificate, impose civil penalties, or place the certificate holder on probation based upon violations of the housing code provisions. Under the provisions of Paragraph 38.125 (6), the Council reserves the right to impose any of the following sanctions for violations: a) suspend the registration certificate for up to 180 days; or b) revoke the rental registration certificate; or c) impose a civil fine not to exceed $1,000 for each violation that occurred; or d) place the certificate holder or applicant on probation for a time period not to exceed one (1) year.. ATTACHMENTS: 1. Copy of October 30, 2006 memo from Building Safety Department r'^UNC1L ACTION: Motion by: Second by: to: r 2122 Campus Drive SE Rochester, MN 55904 (507) 281-6133 Building Safety Fax (507) 287-2240 Memo TO: Terry Spaeth, City Administration From: Gary Dutton, Manager of Housing Inspection Services CC: Data: October 30, 2006 Re: Rental Property at 224-2241/:19 Ave SW Building Safety is requesting the council re -open the hearing for the rental property owned by Amanuel Feleke at 224-2241/2 19 Ave SW. The Building Official requested a Rental Complaint Board hearing for this property as result of numerous housing violations the Housing Division staff had responded to at this property. The Rental Complaint Board recommended a hearing before the full Council as a result of the hearing on July 27, 2006. On September 6, 2006 the Council held a hearing to determine what sanctions should be imposed on this properly owner pursuant to Section 38.125 of the Rochester Code of Ordinances. City Council ordered the property owner resolve all outstanding corrections, secure a professional management company, and obtain a rental registration certificate by the October 23, 2006. As of the date of this memo no re -inspection for outstanding corrections have been performed or scheduled. This office has not received any proof of an agreement with a professional management company to manage this property. We have received a letter from RGI Management stating they will not be entering into a property management agreement with Mr. Feleke. A rental registration certificate has not been issued for this rental property. Due to the lack of action by this rental property owner to resolve outstanding corrections, secure a professional management company, and obtain a rental registration certificate by the October 23, 2006 deadline imposed by Council; Building Safety recommends the Council impose the following sanctions: 1) Revoke the right to receive a rental certificate and vacate all of the units for a six month period. 2) Impose a $1000 fine with $500 waived 'rf the property is in compliance with the Housing Code by the end of the revocation period. 3) Extend the probation period to a one year period after the units are legally occupied. 4) Secure the services of a professional property management company for a one year period after the units are legally occupied.