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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