HomeMy WebLinkAboutNovember 28, 2005
OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
NOVEMBER 28, 2005
The following are the minutes of the regular meeting of the City Council held at 7:00 p.m. on Monday,
November 28,2005 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights,
MN.
CALL TO ORDER/ROLL CALL/INVOCATION
Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember
Diehm, Councilmember Kelzenberg
Pastor Dan Thompson, Assembly of God Church, gave the invocation.
PLEDGE OF ALLEGIANCE - recited
ADDITIONS/DELETIONS TO MEETING AGENDA
Walt Fehst, City Manager, stated the revised agenda included resolution numbers for the public
hearings.
PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS.
Mayor Peterson indicated that Columbia Heights lost one of our beloved citizens, Bernard Szymczak
who passed away on Friday. Peterson read the obituary. Nawrocki spoke of Mr. Szymczak's history of
volunteering in Columbia Heights and his brother's death in Poland during WWII.
CONSENT AGENDA
F ehst took Councilmembers through the Consent Agenda.
1) Approve City Council Meeting Minutes for November 14,2005 regular City Council meeting
Motion to approve the minutes ofthe November 14, 2005 regular City Council meeting as
presented.
2) Accept Boards and COlmnissions Meeting Minutes
a) Motion to accept minutes of the October 20,2005 Charter COlmnission meeting.
b) Motion to accept minutes of the October 26,2005 Park and Recreation COlmnission
meeting.
c) Motion to accept minutes of the November 1, 2005 Library Board meeting.
d) Motion to accept minutes of the November 7,2005 Traffic COlmnission meeting.
3) Establish Executive Session meeting date for Monday, December 5, 2005, in Conference
Room 1, immediately following the Tmth and Taxation Hearing - Removed
4) Adopt Resolution No. 2005-79, being a Resolution establishing Senior Citizen eligibility
standards for refuse, sewage disposal and water supply utility rates.
Fehst stated this standard has been increased by four percent. Nawrocki asked if people have to
reapply each year. Bill Ehite, Finance Director, indicated they do need to apply each year.
Motion to waive the reading of Resolution No. 2005-79, there being ample copies available to
the public.
Motion to adopt Resolution No. 2005-79, being a Resolution establishing Senior Citizen
eligibility standards for refuse, sewage disposal and water supply utility rates.
City Council Minutes
November 28, 2005
Page 2 of 20
. RESOLUTION NO. 2005 - 79
RESOLUTION ESTABLISHING SENIOR CITIZEN ELIGIBILITY STANDARDS FOR
REFUSE, SEWAGE DISPOSAL AND WATER SUPPLY UTILITY RATES
WHEREAS, the City Council has previously established eligibility standards for senior citizens for Refuse
Service, Disposal, and Water Supply; and
WHEREAS, It has been the City's practice to maintain uniform eligibility standards whenever possible:
NOW, THEREFORE, BE IT RESOLVED by the City of Columbia Heights as follows:
1. That anyone over 62 years of age with a maxinlUm household income of $25,200 will be eligible for
reduced rates.
BE IT FURTHER RESOLVED that the above eligibility standard be effective January 1, 2006.
5) Adopt Resolution No. 2005-82, being a Resolution to accept 2005 gifts received by the City of
Columbia Heights.
Fehst stated this resolution is brought forward to comply with State Statute. Nawrocki stated
this is an audit requirement. He indicated that gifts were to be accepted by the Council before
the funds could be used. Jim Hoeft, City Attorney, stated it would be covered by the General
Fund and replaced upon acceptance.
Motion to waive the reading of Resolution No. 2005-82, there being ample copies available to
the public.
Motion to adopt Resolution No. 2005-82, being a Resolution to accept 2005 gifts received by
the City of Columbia Heights.
RESOLUTION NO. 2005-82
ACCEPT 2005 GIFTS TO THE CITY OF COLUMBIA HEIGHTS
WHEREAS, The City Of Columbia Heights has received the following gifts;
BE IT HEREBY RESOLVED by the City Council of the City Of Columbia Heights, that the City Of Columbia Heights accepts the these
gifts, subject to the donor-prescribed tenns listed below:
DATE DONOR
2/25/05 NORLING/JOYCE
SUBTOTAL FUND 412 CAPITAL IMPROVMENTS-P ARKS
8/11/05
6/6/05
9/13/05
9/13/05
9/29/05
3/21/05
3/11/05
3/11/05
5/9/05
3/11/05
3/11/05
8/8/05
4/25/05
10/18/05
11/14/05
6/15/05
6/15/05
4/5/05
4/6/05
SUBTOTAL
CENTERPOINT ENERGY
KREMER & DAVIS, INC.
MAXTON/MARY & ROBERT
ANONYMOUS
COLUMBIA HEIGHTS ATHLETIC BOOSTERS
MIDWEST BOOKHUNTERS
FRIENDS OF COLUMBIA HEIGHTS LIBRARY
FRIENDS OF COLUMBIA HEIGHTS LIBRARY
THE FLANARY GROUP, INC.
FRIENDS OF COLUMBIA HEIGHTS LIBRARY
FRIENDS OF COLUMBIA HEIGHTS LIBRARY
ANONYMOUS
SHIKADER/AMANDA
COLUMBIA HEIGHTS POST 230
COLUMBIA HEIGHTS POST 230
FIRST LUTHERAN CHURCH
FIRST LUTHERAN CHURCH
ATTENDEES AT FUNDRAISER
CHIODO/DIANA & PETER
FUND 881 CONTRIBUTED PROJ -
GENERAL
AMOUNT PURPOSE
570.00 PARK BENCH
570.00
500.00 COMMUNITY DEVELOPMENT-INTERN
50.00 FIRE DEPT ACTIVITIES
100.00 FIRE DEPT ACTIVITIES
100.00 FIRE DEPT-OPEN HOUSE
500.00 FIRE DEPT-OPEN HOUSE
300.00 LIBRARY-ADULT BOOKS
100.00 LIBRARY-ADULT READING CLUB PRIZES
1 ,500.00 LIBRARY-ADULT SPOKEN WORD CDs
100.00 LIBRARY-AMERICAN GIRL PROGRAM
200.00 LIBRARY-BILINGUAL JUVENILE BOOKS
200.00 LIBRARY-BILINGUAL JUVENILE DVDs
22,122.36 LIBRARY-CAPITAL IMPROVEMENTS
10.00 LIBRARY-PROGRAMS AND SERVICES
130.00 PARKVIEW VILLA RESIDENTS COUNCIL
130.00 PARKVIEW VILLA RESIDENTS COUNCIL
450.00 POLICE DEPT ACTIVITIES
100.00 POLICE DEPT ACTIVITIES
1,177.10 POLICE-CIVILIAN EM ERG RESP TEAM
79.00 UNSPECIFIED
27,848.46
City Council Minutes
November 28, 2005
Page 3 of 20
4/12/05 AMERICAN LEGION
6/23/05 COLUMBIA HEIGHTS LIONS CLUB
6/23/05 NORTHEAST BANK
6/23/05 COLUMBIA HEIGHTS POST NO 230
6/23/05 FIRST COMMUNITY CREDIT UNION
6/23/05 THE KORDIAK COMPANY
6/23/05 CREST VIEW LUTHERAN HOME
6/23/05 AMERICAN LEGION
6/1/05 COLUMBIA HEIGHTS POST 230
2/7/05 SPORTS STAR PHOTOGRAPHY
10/11/05 NATIONAL RECREATION & PARK
2/17/05 THE KORDIAK COMPANY
2/17/05 COLUMBIA HEIGHTS ATHLETIC BOOSTERS
2/22/05 NORTHEAST BANK
3/15/05 AMERICAN LEGION
5/24/05 COLUMBIA HEIGHTS POST 230
5/25/05 COLUMBIA HEIGHTS LIONS CLUB
5/27/05 WASHBURN-MCREAVY
7/18/05 SLUMBERLAND
SUBTOTAL FUND 883 CONTRIBUTED PROJ-
RECREATION
TOTAL OF ALL FUNDS
300.00 DINNER THEATRE
1,000.00 FIREWORKS
100.00 FIREWORKS
1,000.00 FIREWORKS
150.00 FIREWORKS
20.00 FIREWORKS
50.00 FIREWORKS
1,000.00 FIREWORKS
350.00 JAMBOREE
884.68 RECREATION
1 00.00 RECREATION
25.00 SENIOR PROGRAM
1,000.00 SENIOR PROGRAM
200.00 SENIOR PROGRAM
300.00 SENIOR PROGRAM
200.00 SENIOR PROGRAM
50.00 SENIOR PROGRAM
100.00 SENIOR PROGRAM
150.00 YOUTH ATHLETICS
6,829.68
35,248.14
6) Adopt Resolution 2005-83, being a Resolution to amend Resolution 97-34 in regard to use of
building pennit fees. - Removed.
7) Approve transfer of funds from General Fund to Police Dept. Budget to reimburse overtime
fund
Motion to transfer $1,034 received for Unique Thrift Stores and $3,137.25 received from
Columbia Heights School District - a total of $4, 171.25, from the General Fund to the Police
Department 2005 budget under line #1020 Police Overtime.
8) Adopt Resolution No. 2005-81, being a Resolution establishing Senior Citizens or Retired &
Disabled Persons Hardship Special Assessment Deferral
Motion to waive the reading of Resolution No. 2005-81, there being ample copies available to
the public.
Motion to adopt Resolution No. 2005-81, being a resolution establishing a new maximum
income of $25,200 for Senior or Retired and Disabled Persons to be eligible for special
assessment deferral.
RESOLUTION NO. 2005-81
BEING A RESOLUTION ESTABLISHING SENIOR CITIZENS OR RETIRED
AND DISABLED PERSONS HARDSHIP SPECIAL ASSESSMENT DEFERRAL
Whereas, immediate payment of special assessments or installments on special assessments cast an undue
hardship on some persons owning homestead properties who are 65 years of age or older or retired by virtue of a
pennanent and total disability for whom it would be a hardship to make payments, and
Whereas, Minnesota Statutes 435.193 - 435.195 makes it possible for a home mle charter city to pass a resolution
establishing standards and guidelines for detennining the existence of a hardship and for detennining the
existence of a disability.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA
HEIGHTS:
1. This deferral procedure shall apply only to assessments which are payable in five or more annual
installments.
City Council Minutes
November 28, 2005
Page 4 of 20
2. This deferral procedure shall apply only to property owned and occupied by the elderly, retired, or disabled
applicant. Ownership and occupancy must be the same nature as would qualify the applicant for a homestead
exemption for tax purposes.
3. This deferral procedure shall apply only to homestead property owned by a person 65 years of age or older or
retired by virtue of a pennanent and total disability for whom it would be a hardship to make payments.
Permanent and total disability shall have the same deflllition for purposes of assessment deferral as is used for
social security purposes.
4. This deferral procedure shall not be construed as to prohibit the determination of hardship on the basis of
exceptional and unusual circumstances not covered by the standards and guidelines herein so long as
determination is made in a nondiscriminatory manner and does not give the applicant an umeasonable preference
or advantage over other applicants.
5. In order to obtain a deferral of an assessment, the homeowner must make application on the forms prescribed
by the City Clerk.
6. In granting a deferred assessment, the Council shall determine in its resolution approving the assessment roll
the amount of interest, if any, to be charged on the deferred assessment.
7. The option of the homeowner to defer the payment of special assessments shall terminate and all amounts
accumulated plus applicable interest shall become due and payable upon the occurrence of any of the following
events:
a. the death of the owner, provided that the spouse is not otherwise eligible for benefits hereunder;
b. the sale, transfer or subdivision of the property or any part thereof;
c. if the property should for any reason lose its homestead status; or
d. if for any reason the City shall determine that there would be no hardship to require i1llll1ediate or partial
payment.
8. No deferral may be granted unless the homeowner makes application to the City Clerk within thirty (30) days
after adoption of the assessment by the Council.
9. The deferral shall apply to only 50% of the annual installment payment. If the 50% is not paid in a timely
manner, the balance of the annual installment along with all future installments shall become immediately due and
payable.
10. No deferral shall be granted to any owner who has a gross annual household income from all sources in
excess of $25,200.
11. No deferral may be continued from year to year unless the owner shall file a renewal application before
September 15th of each year.
12. No special assessment may be deferred for a period longer than the time set by the Council as the time over
which the project is to be assessed.
13. Interest on deferred assessments shall be at the rate set by the Council in its resolution adopting the
assessment roll, and such interest shall be added to the amount deferred and shall be paid in accordance with
Minnesota Statute 435.195 and this Resolution.
9) Approve installation of stop signs on Madison Street at 43rd Avenue
Motion to install stop signs on Madison Street at 43rd Avenue, stopping traffic on Madison
Street, based on a recommendation ofthe Traffic Commission and City Staff.
10) AuthOlize Feasibility RepOli for addition of Prest em on Park ball field lighting - Removed
11) Approve the Building Official Service contract with the City of New Brighton - Removed
12) Approve Business License Applications
Motion to approve the items as listed on the business license agenda for November 28, 2005 as
City Council Minutes
November 28, 2005
Page 5 of 20
presented regarding the new licenses for 2005 and the renewals for 2006.
13) Approve Payment of Bills
Motion to approve payment of the bills out of the proper funds as listed in the attached check
register covering Check Number 115003 through 115121 in the amount of$I,054,972.25.
Williams asked if infonnation from items number four and eight are in the newsletter. Fehst
stated they were.
Motion by Williams, second by Diehm, to approve the Consent Agenda items, with the exception of
items #3, 6, 10, and 11. Upon vote: All ayes. Motion carried.
3. Establish Executive Session meeting date for Monday, December 5,2005, in Conference
Room 1, immediately following the Truth and Taxation Hearing.
Nawrocki stated that he indicated at the last meeting that you must recess to an executive
session from a regular meeting, and then come back to the meeting to adjourn. The guidelines
covered at the last meeting confinned this. He stated he is not against the executive session, but
does not want it handled contrary to the law. Fehst stated those are self-regulations, and this is
not against the law.
Motion by Williams, second by Kelzenberg, to establish an Executive Session meeting date for
Monday, December 5, 2005, in Conference Room 1, immediately following the Truth and
Taxation Hearing. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay;
Peterson, aye. 4 ayes -1 nay. Motion carried.
6. Adopt Resolution 2005-83, being a Resolution to amend Resolution 97-34 in regard to use of
building pennit fees.
Fehst stated that in 1997 when the City Council adopted the Building Code Fee Schedule they
set aside twenty percent of the funds in a special fund to abate nuisances, which has been used
on many occasions. Three years ago the Statute changed to disallow the use of these fees.
Nawrocki stated that he tried to obtain infornlation to justify our fees, and now finds there will
be an additional twenty percent, which is contrmy to Statute. Fehst stated that 90 percent of the
cities use these fees, and they moe not development fees. They are about one to one and one half
percent of the project. Nawrocki stated this not an increase in the fee, but an increase in the
cost of providing the service.
Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2005-83,
there being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2005-83, being a
Resolution to mnend Resolution 97-34 in regard to the use of building pennit fees. Upon vote:
Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay.
Motion carried.
RESOLUTION NO. 2005-83
AMEND RESOLUTION 97-34 IN REGARD TO THE USE OF BUILDING PERMIT FEES
WHEREAS, The City Council of the City of Columbia Heights passed Resolution 97-34 on May 12, 1997, and;
WHEREAS Resolution 97-34, in part, requires setting aside 20% of building pemlit fees in a special
redevelopment fund designated to pay for inspection activities and/or non-inspection activities (a.k.a. "The
Abatement Fund"), and;
City Council Minutes
November 28, 2005
Page 6 of 20
WHEREAS, the Minnesota State legislature subsequently revised Minnesota Statute 462.353 subdivision 4
(effective January 1,2002) to require municipalities to adopt management and accounting procedures to ensure
that building pennit fees are maintained and used only for inspection activities;
NOW THEREFORE BE IT RESOLVED that the requirement within Resolution 97-34 to set-aside 20% of
building pemlit fees in a special redevelopment fund designated to pay for inspection activities and/or non-
inspection activities (a.k.a. "The Abatement Fund") is discontinued, effective January 1, 2006.
10. Authorize Feasibility Report for addition of Prest em on Park ball field lighting
Kevin Hansen, Public Works Director, stated that in discussions by the Park and Recreation
Commission of athletic fields and development of Huset Park, they are optimistically looking
at the feasibility of lighting costs for Prestemon field, what it would take to get power there,
and how to pay for it. At this time a feasibility report is requested. The results would be
brought back to the City Council sometime in January.
Nawrocki stated this should be a budget consideration. When discussed previously, one field at
Huset was being taken out of service forever, but we are now told it will be back in service. He
stated his is not sure how many athletic fields we should have. Nawrocki stated concern for the
neighbors with this type of field lighting. He indicated that funds would be better used to bling
the wading pools back to required standards and questioned the status ofthat project.
Williams questioned the cost for this report. Hansen stated there would be no cost, but some
help may be required to detennine lighting spread patterns at that point in the process.
Motion by Williams, second by Diehm, to authorize the preparation of a Feasibility Report for
the addition of athletic field lighting at Prestemon Park. Upon vote: Kelzenberg, aye; Williams,
aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes -1 nay. Motion carried.
Hansen stated that the wading pools would require a fonnal bid process to meet the needs
required by the State and County. He has meet with a contractor working on the Minneapolis
pools and received a courtesy estimate. This infonnation will be brought to the City Council in
January.
11. Approve the Building Official Service contract with the City of New Brighton
Nawrocki referred to an email and newspaper article in which aNew Brighton couple sued
their contractor and the City citing poor work and shoddy inspections. He questioned if this
person had done any inspections for our City. Fehst stated this agreement is for backup service
and the agreement holds each city hannless. Nawrocki stated that this leaves the homeowner
with no recourse. Fehst asked the City Attorney to address liability. Hoeft indicated that
generally cities are ilmnune from liability in inspection services. In New Brighton the property
owners had to deal with the contractor on their own. Fehst stated the need to be sure we have
service for our residents. Our Building Official, Larry Pepin, does a marvelous job and is very
diligent. Williams reminded everyone that newspapers sometimes get infonnation mixed up.
Motion by Williams, second by Kelzenberg, to approve the Building Official Service Contract
between the City of Columbia Heights and the City of New Brighton; and furthennore, to
authorize the Mayor and City Manager to enter into an agreement for the same.
Peterson gave some background on instances with stucco, where the City has not been
responsible, but no one is sure what causes the problem, even though contractors follow the
State requirements. This has put a lot of builders out of business.
City Council Minutes
November 28, 2005
Page 7 of 20
Diehm indicated that this agreement should be approved, while directing staff to obtain
additional infonnation.
Motion to amend by Nawrocki, second by Kelzenberg, to authorize this agreement after
fmiher investigation by the City Manager of the cited court case. Upon vote: All ayes. Motion
carried.
Upon vote of the original motion with amendment. All ayes. Motion carried.
Fehst stated he would contact the New Brighton City Manager to discuss the situation and
report back to the City Council. He indicated that we received good service from them and felt
no cause to be concemed.
Reconsider
Motion by Williams, second by Diehm to reconsider consent agenda item #12 - Business License
Applications. Upon vote: All ayes. Motion carried.
Motion by Diehm, second by Kelzenberg, to approve the items as listed on the business license
agenda for November 28,2005 as presented regarding the new licenses for 2005 and the renewals for
2006. Upon vote: Kelzenberg, aye; Williams, abstain; Diehm, aye; Nawrocki, aye; Peterson, aye. 4
ayes - 1 abstention. Motion carried.
PUBLIC HEARINGS
A) Adopt Resolution No. 2005-85, being a Resolution for Rental Housing License Revocation at
1231-33 40th AvenueNE.
Fire Chief Gary Gonnan stated the owner has not tumed in a completed license application.
Mayor Peterson opened the Public Hearing. As no comments were received, Mayor Peterson
closed the Public Hearing.
Motion by Diehm, second by Williams, to waive the reading of Resolution No. 2005-85, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2005-85, Resolution of the
City Council of the City of Columbia Heights approving revocation pursuant to City Code,
Chapter 5A, Article IV, Section 5AA08(A) ofthe rental license held by Talmer Caraway III
regarding rental property at 1231-33 40th Avenue NE. Upon vote: All ayes. Motion carried.
RESOLUTION 2005-85
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code,
Chapter SA, Article IV, Section 5A.408(A) of that certain residential rental license held by Talmer Caraway III
(Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 1231-33 40th Avenue NE, Columbia
Heights, Milmesota,
Whereas, pursuant to City Code, Chapter SA, Article IV, Section 5A.408(B), written notice setting forth the
causes and reasons for the proposed Council action contained herein was given to the License Holder on
November 8, 2005 of an public hearing to be held on November 28,2005.
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 September 15,2005, inspection office staff sent a letter requesting the owner of the property to re-
City Council Minutes
November 28, 2005
Page 8 of 20
license the rental property. The letter was mailed by regular mail to the owner at the address listed in the
property records.
2. That on November 8, 2005, inspection office staff reviewed the property file and noted that the property
remained unlicensed. A Statement of Cause was mailed by certified 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 re-license the rental license for the property, failure to submit the application and the 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
F6376 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 60 days from the first day of posting of this
Order revoking the license as held by License Holder.
B) Adopt Resolution No. 2005-86, being a Resolution for Rental Housing License Revocation at 4338
2nd Street NE.
Gonnan stated this revocation is for failure to submit an application and schedule an
inspection.
Mayor Peterson opened the Public Hearing. As no COlmnents were received, Mayor Peterson
closed the Public Hearing.
Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2005-86
there being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2005-86, Resolution of
the City Council of the City of Columbia Heights approving revocation pursuant to City Code,
Chapter 5A, Article IV, Section 5AA08(A) ofthe rental license held by Nala Properties
regarding rental property at 4338 2nd Street NE. Upon vote: All ayes. Motion carried.
RESOLUTION 2005-86
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City
Code, Chapter 5A, Article IV, Section 5AA08(A) of that certain residential rental license held by Nala
Properties (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 4338 2nd Street NE, Columbia
Heights, Minnesota,
Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(B), wlitten notice setting forth the
causes and reasons for the proposed Council action contained herein was given to the License Holder on
November 10,2005 of an public hearing to be held on November 28,2005.
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 October 24, 2005, inspection office staff sent a letter requesting the new owner of the property
to license the rental property. The letter was mailed by regular mail to the owner at the address listed
in the property records.
2. That on November 10, 2005, inspection office staff reviewed the property file and noted that the
property remained unlicensed. A Statement of Cause was mailed by celiified 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:
City Council Minutes
November 28, 2005
Page 9 of 20
a. Failure to submit a rental license application.
b. Failure to schedule a 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
U4338 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 60 days from the first day of posting of
this order revoking the license as held by License Holder.
C) Adopt Resolution No. 2005-87, being a Resolution for Rental Housing License Revocation at 584
38th Avenue NE.
Gonnan stated this revocation is for failure to submit an application and schedule an
inspection.
Mayor Peterson opened the Public Heming. As no COlmnents were received, Mayor Peterson
closed the Public Hearing.
Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution No. 2005-87,
there being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion Diehm, second by Kelzenberg, to adopt Resolution No. 2005-87, Resolution ofthe
City Council of the City of Columbia Heights approving revocation pursuant to City Code,
Chapter 5A, Article IV, Section 5A.408(A) ofthe rental license held by Teddynold Mendes
regarding rental property at 584 38th Avenue NE. Upon vote: All ayes. Motion carried.
RESOLUTION 2005-87
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter
5A, Article IV, Section 5AA08(A) of that certain residential rental license held by Teddynold Mendes (Hereinafter
"License Holder").
Whereas, license holder is the legal owner of the real property located at 584 38th Avenue NE, Columbia Heights,
Minnesota,
Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(B), written notice setting forth the causes
and reasons for the proposed Council action contained herein was given to the License Holder on November 10, 2005
of an public hearing to be held on November 28, 2005.
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 October 24, 2005, inspection office staff sent a letter requesting the new owner of the property to license
the rental property. The letter was mailed by regular mail to the owner at the address listed in the property
records.
2. That on November 10, 2005, inspection office staff reviewed the property file and noted that the property
remained unlicensed. A Statement of Cause was mailed by certified 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 rental license application.
b. Failure to schedule a license 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 U584 is
hereby revoked;
City Council Minutes
November 28, 2005
Page 10 of20
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 60 days from the fIrst day of posting of this order
revoking the license as held by License Holder.
D) Adopt Resolution No. 2005-88, being a Resolution for Rental Housing License Revocation at
1815-17 41st AvenueNE.
Gonnan stated the revocation is for unfinished exterior items.
Mayor Peterson opened the Public Hearing. As no COlmnents were received, Mayor Peterson
closed the Public Hearing.
Motion by Williams, second by Diehm, to waive the reading of Resolution No. 2005-88, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2005-88, Resolution of
the City Council of the City of Columbia Heights approving revocation pursuant to City Code,
Chapter SA, Article IV, Section 5A.408(A) of the rental license held by Angela Johnson
regarding rental propeliy at 1815-17 41 st Avenue NE. Upon vote: All ayes. Motion carried.
Nawrocki stated his appreciation for the violation issues being listed in the resolutions.
RESOLUTION 2005-88
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code,
Chapter SA, Article IV, Section 5A.408(A) of that certain residential rental license held by Angela Jolmson
(Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 1815-1817 41 5t Avenue NE., Columbia
Heights, Minnesota,
Whereas, pursuant to City Code, Chapter SA, Article IV, Section 5AA08(B), written notice setting forth the
causes and reasons for the proposed Council action contained herein was given to the License Holder on October 31,
2005 of an public hearing to be held on November 28, 2005.
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 September 15, 2005, inspectors for the City of Columbia Heights, inspected the property described
above and noted nine 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 October 31,2005, inspectors for the City of Columbia Heights, reinspected the property and noted eight
violations remained uncorrected. A statement of cause was mailed via certifIed mail to the owner at the address
listed on the rental housing license application.
3. That on November 21,2005, inspectors for the City of Columbia Heights perfoIDled a fmal inspection and
noted that seven violations remained uncorrected.
4. 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 correct RMC violations. The violations are as follows;
i. Shall repair the garage soffIt and fascia that has rotted wood.
ii. Shall stucco over the boarded up windows on the west side of the house, to
match the rest of the house.
111. Shall repair the stucco on the house that has fallen off
IV. Shall replace the missing service garage door.
v. Shall replace the damaged wood trim on the overhead garage door.
vi. Shall repair the damaged stucco on the east side of the garage
vii. Shall reseal the driveway cracks, where grass/weeds are coming up.
5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate
City Council Minutes
November 28,2005
Page I] of20
notice of this hearing according to the provisions of the City Code, Chapter SA, 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
F6723 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 60 days from the first day of posting
of this Order revoking the license as held by License Holder.
E) Adopt Resolution No. 2005-89, being a Resolution for Rental Housing License Revocation at 212-
214 42nd Avenue NE.
Gonnan stated this revocation is for unfinished exterior items. A ten day extension was
granted, but no additional work was completed.
Mayor Peterson opened the Public Hearing. As no COlmnents were received, Mayor Peterson
closed the Public Heming.
Motion by Kelzenberg, second by Williams, to waive the reading of Resolution No. 2005-89,
there being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2005-89, Resolution of
the City Council of the City of Columbia Heights approving revocation pursuant to City Code,
Chapter SA, Article IV, Section 5A.408(A) ofthe rental license held by Asad Khan regarding
rental property at 212-214 42nd Avenue NE. Upon vote: All ayes. Motion carried.
RESOLUTION 2005-89
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code,
Chapter SA, Article IV, Section 5A.408(A) of that certain residential rental license held by Asad Khan
(Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 212-214 42nd Street NE., Columbia
Heights, Minnesota,
Whereas, pursuant to City Code, Chapter SA, 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
October 27, 2005 of an public hearing to be held on November 28,2005.
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia
Heights, the City Council of the City of Columbia Heights makes the following:
FINDINGS OF FACT
1. That on August 8, 2005, inspectors for the City of Columbia Heights, inspected the property described above and
noted seven 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 September 19, 2005, inspectors for the City of Columbia Heights, reinspected the property and noted six
violations remained uncorrected. A statement of cause was mailed via certified mail to the owner at the address
listed on the rental housing license application.
3. That on October 17,2005 the owner called and requested and was granted an extension to finish the items that
were written up.
4. That on October 27,2005, inspectors for the City of Columbia Heights, reinspected the property and noted six
violations remained uncorrected. A statement of cause was mailed via certified mail to the owner at the address
listed on the rental housing license application.
5. That on November 8, 2005, inspectors for the City of Columbia Heights performed a fmal inspection and noted
that six violations remained uncorrected.
6. 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 correct RMC violations. The violations are as follows;
i. Shall sod the bare areas of the front yard
City Council Minutes
November 28, 2005
Page 12 of20
ii. Shall stain/seaVpaint the bare wood on the service door to the garage
111. Shall cut/trim the scrub growth around the property, around the house, around the fence, around
the garage
IV. Shall remove the large pile of branches from behind the garage
v. Shall replace the missing metal fascia board on the west peak of the house.
vi. Shall remove the dead tree (tree stump) from the front yard. Remove to below ground level.
7. 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
F7324 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 60 days from the first day of posting of this
Order revoking the license as held by License Holder.
F) Adopt Resolution No. 2005-90, being a Resolution for Rental Housing License Revocation at 4524
Monroe Street NE.
Gonnan stated the revocation is for exterior violations, and driveway disrepair. The owner
was told to contact the City for a time extension in writing, but did not do so.
Mayor Peterson opened the Public Hearing.
Teny Marsh, 4524 Monroe Street, admitted he did not apply for an extension, but had indicated he
had questions about water run off from the required driveway and was waiting for a return call
from the inspection department. When he received notification of this hearing, he decided to attend
the meeting. He would also like to put up a fence. Gonnan stated he was not aware of the request
for a return call. Peterson suggested this be tabled to the December Council meeting. Mayor
Peterson closed the Public Hearing.
Motion by Williams, second by Kelzenberg, to table Resolution No. 2005-90 for Rental Housing
License Revocation at 4524 Monroe Street NE to December 12. Upon vote: All ayes. Motion
carried.
G) Adopt Resolution No. 2005-91, being a Resolution for Rental Housing License Revocation at 660-
662 47th -1/2 Avenue NE.
Gonnan stated that the next two property are together. The properties have been sold and we
have not heard from the new owner.
Diehm questioned the license process if the property is sold during the licensing period. Hoeft
stated that if the new owner does not appear to apply for a rental license, we do not know it has
sold and the license stays in effect until the renewal is sent out. Technically, the license does not
transfer to the new owner.
Nawrocki asked if are we licensing the property or the owner. Hoeft stated that we are
licensing the owner to rent that property.
Mayor Peterson opened the Public Hearing. As no comments were received, Mayor Peterson
closed the Public Hearing.
Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution No. 2005-91,
there being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2005-91, Resolution of the
City Council Minutes
November 28, 2005
Page 13 of 20
City Council of the City of Columbia Heights approving revocation pursuant to City Code,
Chapter SA, Article IV, Section 5A.408(A) ofthe rental license held by David Decker
regarding rental property at 660-662 4ih -1/2 Avenue NE. Upon vote: All ayes. Motion
carried.
RESOLUTION 2005-91
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter
5A, Article IV, Section 5AA08(A) of that certain residential rental license held by David Decker (Hereinafter "License
Holder").
Whereas, license holder is the legal owner of the real property located at 660-662 47-1/2 Avenue NE, Columbia
Heights, Minnesota,
Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(B), written notice setting forth the causes
and reasons for the proposed Council action contained herein was given to the License Holder on November 10, 2005
of an public hearing to be held on November 28,2005.
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 October 24,2005, inspection office staff sent a letter requesting the new owner of the property to
license the rental property. The letter was mailed by regular mail to the owner at the address listed in the
property records.
2) That on November 10, 2005, inspection office staff reviewed the property file and noted that the property
remained unlicensed. A Statement of Cause was mailed by certified 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:
4) Failure to submit a rental license application.
5) Failure to schedule a license inspection.
6) 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 T7206A 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 60 days from the first day of posting of this order
revoking the license as held by License Holder.
H) Adopt Resolution No. 2005-92, being a Resolution for Rental Housing License Revocation at 666-
66847-1/2 Avenue NE.
Mayor Peterson opened the Public Hearing. As no comments were received, Mayor Peterson
closed the Public Hearing.
Motion by Diehm, second by Williams, to waive the reading of Resolution No. 2005-92, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Diehm, second by Williams, to adopt Resolution No. 2005-92, Resolution ofthe
City Council of the City of Columbia Heights approving revocation pursuant to City Code,
Chapter SA, Article IV, Section 5A.408(A) of the rental license held by David Decker
regarding rental propeliy at 666-668 47-1/2 Avenue NE. Upon vote: All ayes. Motion
carried.
RESOLUTION 2005-92
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter
5A, Article IV, Section 5AA08(A) of that certain residential rental license held by David Decker (Hereinafter "License
Holder").
City Council Minutes
November 28, 2005
Page 14 of20
Whereas, license holder is the legal owner of the real property located at 666-668 47-1/2 Avenue NE, Columbia
Heights, Minnesota,
Whereas, pursuant to City Code, Chapter SA, Article IV, Section 5AA08(B), written notice setting forth the causes
and reasons for the proposed Council action contained herein was given to the License Holder on November 10,2005
of an public hearing to be held on November 28, 2005.
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 October 24, 2005, inspection office staff sent a letter requesting the new owner of the property to license
the rental property. The letter was mailed by regular mail to the owner at the address listed in the property
records.
2. That on November 10,2005, inspection office staff reviewed the property file and noted that the property
remained unlicensed. A Statement of Cause was mailed by certified 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 rental license application.
b. Failure to schedule a license inspection.
4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice
of this hearing according to the provisions of the City Code, Chapter SA, Article 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 T7206 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 60 days from the first day of posting of this
order revoking the license as held by License Holder.
I) Adopt Resolution No. 2005-93, being a Resolution for Rental Housing License Revocation at 4550
Madison Street NE.
Gonnan stated revocation is for violations in COlmnon areas and exterior items. This is a four-
plex.
Mayor Peterson opened the Public Hearing. As no COlmnents were received, Mayor Peterson
closed the Public Hearing.
Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2005-93,
there being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2005-93, Resolution of
the City Council of the City of Columbia Heights approving revocation pursuant to City Code,
Chapter 5A, Aliicle IV, Section 5A.408(A) ofthe rental license held by Catalina Peralta
regarding rental propeliy at 4550 Madison Street NE. Upon vote: All ayes. Motion carried.
RESOLUTION 2005-93
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter
SA, Article IV, Section 5AA08(A) of that certain residential rental license held by Catalina Peralta (Hereinafter
"License Holder").
Whereas, license holder is the legal owner of the real propeliy located at 4550 Madison Street NE., Columbia Heights,
Minnesota,
Whereas, pursuant to City Code, Chapter SA, Article IV, Section 5AA08(B), written notice setting forth the causes
and reasons for the proposed Council action contained herein was given to the License Holder on November I, 2005
of an public hearing to be held on November 28,2005.
City Council Minutes
November 28, 2005
Page 15 of20
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 September 14, 2005, inspectors for the City of Columbia Heights, inspected the property described
above and noted five 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 November 1,2005, inspectors for the City of Columbia Heights, reinspected the property and noted
five violations remained uncorrected. A statement of cause was mailed via certified mail to the owner at the
address listed on the rental housing license application.
3) That on November 22, 2005, inspectors for the City of Columbia Heights performed a [mal inspection and
noted that five violations remained uncorrected.
4) 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:
5) Failure to correct RMC violations. The violations are as follows;
6) Shall repair the door closer for the rear door on the unit, so that it closes and latches under its own power.
7) Shall install a screen on nOlihwest bedroom window of the unit
8) Shall install a minimum 2AIOBC sized fire extinguisher in the building hallway.
9) Shall install screens on all units from May 1 to Sept. 30
10) Shall repair the building entrance door on the north side.
11) That all parties, including the License Holder and any occupants or tenants, have been given the appropriate
notice of this hearing according to the provisions of the City Code, Chapter SA, Article 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 PF7219 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 60 days from the first day of posting of this
Order revoking the license as held by License Holder.
J) Adopt Resolution No. 2005-94, being a Resolution for Rental Housing License Revocation at 4410
Central Avenue NE.
Gonnan stated this revocation is for failure to submit license application and fees.
Mayor Peterson opened the Public Hearing. As no COlmnents were received, Mayor Peterson
closed the Public Hearing.
Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2005-94,
there being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2005-94, Resolution of
the City Council of the City of Columbia Heights approving revocation pursuant to City Code,
Chapter 5A, Article IV, Section 5AA08(A) of the rental license held by Nate Williams
regarding rental property at 4410 Central Avenue NE. Upon vote: All ayes. Motion carried.
Kelzenberg stated this property was cited earlier in the year for not cutting the grass, and it
was never cut again during the year. Fehst stated that was close to the end ofthe cutting
season, but there would nonnally have been follow up. Peterson stated this has been a problem
property.
RESOLUTION 2005-94
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter
SA, Article IV, Section 5AA08(A) of that certain residential rental license held by Nate Williams (Hereinafter
"License Holder").
Whereas, license holder is the legal owner of the real property located at 4410 Central Avenue NE, Columbia Heights,
Minnesota,
City Council Minutes
November 28, 2005
Page 16 of20
Whereas, pursuant to City Code, Chapter SA, Article IV, Section SAA08(B), written notice setting forth the causes
and reasons for the proposed Council action contained herein was given to the License Holder on November 8, 200S
of an public hearing to be held on November 28, 200S.
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 September IS, 200S, inspection office staff sent a letter requesting the owner of the property to re-license
the rental property. The letter was mailed by regular mail to the owner at the address listed in the property
records.
2. That on November 8, 200S, inspection office staff reviewed the property file and noted that the property remained
unlicensed. A Statement of Cause was mailed by certified 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 re-license the rental license for the property, failure to submit the application and the 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 SA, Article III SA.306 and SA.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by license number F6866 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 60 days from the first day of posting of this
Order revoking the license as held by License Holder.
K) Adopt Resolution No. 2005-95, being a Resolution for Abatement at 4540 Tyler Street NE
Gonnan stated this property is vacant. Violations are on the exterior and the request is for
abatement so removal may begin this fall. There are window and screen items that may need to
be done from the interior.
Mayor Peterson opened the Public Hearing. As no COlmnents were received, Mayor Peterson
closed the Public Hearing.
Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No.2005-95,
there being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2005-95, a resolution ofthe
City Council of the City of Columbia Heights declaring the propeliy at 4540 Tyler Street NE a
nuisance and approving the abatement of violations from the property pursuant to City Code
section 8.206. Upon vote: All ayes. Motion carried.
Diehm questioned the process to get a revoked license reinstated. Gonnan stated they must meet
the repair requirements, reapply for the license, and pay the re-license fee. Diehm asked ifthey are
non-confonning ifthey can not reapply. Gorman stated they would not be able to reapply if the
propeliy were vacant for six months.
ITEMS FOR CONSIDERATION
Other Ordinances and Resolutions
1) Ordinance #1501- to amend the City Code 6.801 Violations regarding Extelior Improvement
Compliance
Fehst stated the purpose of the Ordinance is for more restrictive parameters to complete
exterior improvements by limiting the building pennit to 180 days. This is to assure sufficient
progress on projects. This ordinance is similar to that of Shoreview and Plymouth. Fehst stated
that the ordinance includes exterior and final grade completion within 180 days of a city issued
City Council Minutes
November 28, 2005
Page 17 of20
building pelmit, and significant progress with 90 days as deemed by the Building Official.
Williams asked if this would solve the situation on Cleveland. Fehst stated the question there is
who owns the property, which we are researching. Hoeft stated this Ordinance would have
allowed the Building Official more initial contact on the project. Hoeft gave the background of
finding and contacting everyone involved with this property, which shall be notified when an
abatement hearing date is scheduled. We want to make sure everyone involved is notified.
Nawrocki questioned when the abatement process would begin. Hoeft indicated there is still
information to obtain from the Secretary of State's office and notices must be sent ten days
prior to the hearing. Possible dates are December 12, 2005 or Janumy 9, 2006.
Fehst stated that there has been a drmnatic mnount of cleanup to the outside ofthe building, but
we still intend to proceed with the abatement.
Nawrocki asked what this Ordinance would do to existing pennits. Hoeft stated that the 90 day
significant progress rule would apply.
Motion by Nawrocki, second by Williams, to waive the reading of Ordinance No. 1501, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion Nawrocki, second by Williams, to set the second reading of Ordinance No. 1501 for
Monday, December 12,2005 beginning at approximately 7:00 p.m. in the City Council
chambers. Upon vote: All ayes. Motion carried.
2) Adopt Resolution No. 2005-84, authorizing and directing condemnation of certain propeliy for
public road purposes in connection with the Grand Central Lofts redevelopment site.
Fehst stated that negotiations have stalled on the road purpose propeliy for Grand Central
Lofts. An agreement was reached with the owner of the property, but not with the owner of the
restaurant. Our contract with Nedegaard states if they can not agree on reasonable
circumstances, similm" to Savers, Council would be asked to provide a resolution.
Motion by Nawrocki, second by Williams, to waive the reading of Resolution No. 2005-84,
there being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Nawrocki, second by Williams, to adopt Resolution No. 2005-84, authorizing and
directing condemnation of ce11ain property for public road purposes in connection with the
Grand Central Lofts redevelopment site. Upon vote: All ayes. Motion carried.
RESOLUTION NO. 2005-84
RESOLUTION AUTHORIZING AND DIRECTING THE CONDEMNATION
OF CERTAIN PROPERTY FOR ROAD PURPOSES
WHEREAS, the City of Columbia Heights ("City") is a charter city duly organized and existing under the
laws of the State ofMimlesota; and
WHEREAS, the City Council is the official governing body of the City; and
WHEREAS, the real estate described in Exhibit A attached hereto and incorporated herein (collectively,
"Subject Property") is located within the City; and
WHEREAS, the City Council fmds that it is necessary, convenient, desirable, for a public purpose, in the best
interests of the City and will promote the general health, welfare and safety of the community for the City to
acquire easements encumbering the Subject Property as described in Exhibit A for street purposes; and
City Council Minutes
November 28, 2005
Page 18 of20
WHEREAS, the City Council fmds that the funding and construction schedule for the construction of street
improvements within and upon the Subject Property makes it necessary to acquire title to and possession of the
proposed easements encumbering the Subject Property prior to the filing of the fmal report of the cond~mnation
commissioners to be appointed by tlle district court.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, Mumesota
tllat:
1. It is necessary that a permanent easement for street purposes and a temporary construction easement
encumbermg the Subject Property be acquired by the City as described in Exhibit A attached hereto through the
exercise of the power of emulent domain if counsel for the City in this matter is unable to obtain such easements
through voluntary negotiations.
2. The law fum of Kennedy & Graven, Chartered is hereby authorized and directed to take all steps necessary to
acquire said easements on behalf of tlle City, includulg, if necessary, by use of emUlent domain proceedings,
pursuant to Mlim. Stat. 9117.042, prior to issuance of an award of damages by Court-Appointed COllilllissioners.
3. The City Manager is authorized to determme the amount of just compensation for the taking of said
easements encumbering the Subject Property for the purpose of presenting an offer to the owner of the Subject
Property pursuant to Mlim. Stat. S 117.036 and for the purpose of deposit wifu fue District Court Administrator as
the City's approved appraisal of value pursuant to Mum. Stat. S 117.042.
Other Business
Snowp10wing Ordinance Discussion
Fehst referred to the annual Public Works, Police, and Fire Department meeting on snow
plowing. Again, there will be no overnight parking from November 1 to March 31 and during
snowfalls over three inches. Columbia Heights crews do a good job of keeping our streets
clean. Fehst suggested examining the odd/even process of parking or posting problem streets. It
would be too late to implement this year, but should be discussed for the future.
Nawrocki stated this policy is not new, and results in no parking during certain hours ofthe
night. It allows streets to be cleaned prior to residents leaving for work in the morning. Parking
on odd or even days complicates the issue. Workers have the authority now to post streets as
necessary.
Fehst stated that additional posting and towing might result in telephone calls to City Council
members. Nawrocki asked that the Council be notified of what streets were posted. Fehst stated
this could be included in the weekly "Green Sheet".
Williams questioned how new residents are notified of the 2 a.m. to 6 a.m. parking restriction.
Fehst stated there are 19 signs posted in our city, it is on our web site, and in our city
newsletter. Hoeft stated that the city is in notification compliance with State Statute. Peterson
indicated this is included in our new resident packets, and suggested Councilmembers have
some available to hand out. Hoeft stated that the Police Department also places notification
flyers on vehicles.
Peterson indicated that a motion was not needed to allow Public Works crews to post streets as
neceSSalY to remove a heavy snowfall and make the streets passable for our fire vehicles.
ADMINISTRATIVE REPORTS
Report of the City Manager
. 3841 3rd Street: (discussed last meeting) there are now even more cars in the fenced area.
. 4141 Jefferson: Someone is storing cars at this propeliy.
. The December Planning and Zoning meeting will include a public healing on the current auto
lot and duplex moratoriums. First readings of ordinances would be December 12.
City Council Minutes
November 28, 2005
Page 19 of20
. Truth and taxation meeting will be December 5 at 7 :00 p.m.
. He will meet tomorrow with the Mayor, Community Development Director and representatives
of the YMCA, to discuss a community center concept. Since the school referendum passed, the
stated intention of the majority ofthe Council would be to build gyms. Staffwill work at this
as Council directs.
. The budget is the major concern for the next several weeks.
Williams suggested scheduling a meeting with the School Board. Diehm suggested meeting after the
first ofthe year.
Nawrocki stated he received his Truth in Taxation notice with an eight percent increase. On the
Anoka County web site, for the average Columbia Heights home, we are a little on the high side, and
now with the school district referendum it will be even higher.
Report of the City Attorney - none
CITIZENS FORUM - none
COUNCIL CORNER
Nawrocki
. The City newsletter has infonnation on low income and senior utility rates.
. Attended the LMC and Metro Municipalities joint meeting re: transportation long-range plans,
insurance, and imminent domain on November 17.
. Wednesday is the Public Officials meeting. Suggested Streetar speak on illlininent domain.
. AMM Policies and Session Law smllinaries available.
. Information on Fire Department liabilities issues available.
Fehst stated that Streetar would speak in Rochester on imminent domain. He suggested a
resolution asking our Legislators to take a guarded position on this issue.
Kelzenberg
. Hoped that everyone had a good Thanksgiving.
. Wished all a good holiday season.
. Reminded everyone to mail early.
Diehm
. Get involved in our community.
. Support our local school activities: Attend a choir concert, or band conceIi.
. Check out our school's web sites.
. SuppoIi our community.
Williams
. COlllinended his colleagues for a nice meeting.
. Impressed with development in the old industrial area. Encouraged citizens to drive past the area.
. Wished evelyone a Merry Christmas and Happy New Year.
Peterson
. Most ofthe Electric Steel building is demolished, letting in a lot oflight from the west. It is very
exciting.
. The Kick Off PaIiy was a huge success. Vern Gagne and the Vikings Cheerleaders were present.
There will be an excess of$7,000 donated to the Activity fund.
City Council Minutes
November 28, 2005
Page 20 of20
. Don't forget SACCA this holiday season. They need help - give money, time, or food items.
. The CERT program graduated their 4th class and held a training exercise in the Public Works yard,
but he was not notified. There were 20 Fridley CERT volunteers.
. Don't take life too seriously - do a random act of kindness.
ADJOURNMENT
Mayor Peterson adjourned the meeting at 9:35 p.m.
Patricia M~sco~tz, c~
Deputy City Clerk/Council Secretary