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HomeMy WebLinkAboutJuly 10, 2006 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JUL Y 10, 2006 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, July 10,2006 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Rev. Bob Lyndes, Crest View Senior Community gave the invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson added the Huset Park/Schafer Richardson Development Corporation Subordination Agreement as item 7 AI. Councilmember Nawrocki requested to add 805 50th Avenue power outages. Mayor Peterson added it as item 7A2. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS Proclamations- Recognition of Men and Women in the Armed Forces Mayor Peterson stated that Pastor Law requested this. Pastor Law's son celebrated his 21 st birthday last week in Iraq. Mayor Peterson read the proclamation honoring the past, present and future men and women in our armed forces. He stated that in the past he has mentioned Council Secretary Patty Muscovitz's son Kyle is in the Army. We are fortunate to have Kyle, who is home on leave, present to receive this proclamation. Kyle thanked the Council for their support and stated that he is stationed in Korea, but those serving in the desert are doing the real work, and again thanked everyone for their support. Nawrocki asked him where he was stationed in Korea. Kyle indicated he was close to the demilitarized zone. Nawrocki stated that he was also stationed there at one time. Other Councilmembers also indicated their support. CONSENT AGENDA City Manager Walt Fehst took Councilmembers through the consent agenda items. 1) Approve City Council Meeting Minutes for June 26, 2006 regular City Council meeting Motion to approve the minutes of the June 26,2006 regular City Council meeting as presented. Nawrocki stated that on page 10 he made the comment that "representatives of wards would look to the wards and less to the city". 2) Accept Boards and Commissions Meeting Minutes Motion to accept the minutes of the May 24, 2006 Park and Recreation Commission meeting. 3) Establish Work Session meeting date for Monday, July 17,2006, beginning at 7:00 p.m. in Conference Room 1. Removed 4) Approve Application for Bingo Permit - Tri-City Hockey Association Motion to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to bingo activities to be conducted by Tri-City Hockey Association at the Immaculate Conception Church Fun Fest, 4030 City Council Minutes July 10, 2006 Page 2 of 13 NE Jackson Street, Columbia Heights, Minnesota, on August 12 and 13,2006; furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. 5) Approve Transfer of Funds from General Fund to Police Department Budget to Reimburse Overtime Fund Motion to transfer $2,233.30 received from Unique Thrift Stores and $2,575 received from Columbia Heights School District #13 from the General Fund to the Police Department 2006 budget under line #1020, police overtime. 6) Approve the Items Listed for Rental Housing License Ap-plications for July 10, 2006 Motion to approve the items listed for rental housing license applications for July 10, 2006. 7) Approve Business License Applications Motion to approve the items as listed on the business license agenda for July 10, 2006 as presented. 8) 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 117657 through 117795 in the amount of$2,308,425.80. Nawrocki referred to the Hewlett Packard bill for council computer laptops. He felt they should be a low priority and this was only discussed at a work session, not authorized by Council. There will be an additional loss of State Aid next year. F ehst stated that more City Councils are going paperless, to save the City Clerk's time and copy costs, and for the vast storage capability. Fehst stated that the contingency fund is for such purposes. Nawrocki requested a paper copy of the packet, as he works with it prior to the meeting. He indicated that in the beginning of computer use we were told they would save time and money, but we spend more on computers and upgrades than ever before. You can go overboard on the use of computers. Motion by Kelzenberg, second by Williams, to approve the Consent Agenda items with the exception of item number 3. Upon vote: All ayes. Motion carried. 3) Establish Work Session meeting date for Monday, July 17,2006, beginning at 7:00 p.m. in Conference Room 1. Nawrocki indicated that members had an agreement to not meet on the third Monday of the month, as three of them and the City Manager belong to the Lions Club and try to participate in their activities. This was brought up to the Manager when the draft copy of the agenda came out. Peterson questioned ifthe Lions held a July meeting. Nawrocki stated they would not meet the first Monday. Fehst stated there would be two items on the agenda, School District preschool program use of Murzyn Hall and Fire Department fees. Williams suggested meeting at 8:30 p.m. Peterson suggested the meeting not go longer than 10:30 p.m. Motion by Diehm, second by Williams to schedule a City Council Work Session for Monday, July 17, 2006 beginning at 8 :30 p.m. and ending by 10:30 p.m. in Conference Room 1. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A) Adopt Resolution No. 2006-84, Declaring Property at 961 37th Avenue N.E. a Nuisance/Approving Abatement Fire Chief Gorman listed the abatement is for hard surface parking or landscaping, but stated the City Council Minutes July 10, 2006 Page 3 of 13 owner would be given some time to complete the work. Mayor Peterson asked if there was anyone present to represent this property. No one was present Motion by Diehm, second by Nawrocki, to close the public hearing and to waive the reading of Resolution No. 2006-84, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution No. 2006-84, a resolution of the City Council of the City of Columbia Heights declaring the property at 961 37th Avenue 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. RESOLUTION 2006-84 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Lee 1. Christopher (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 961 3ih Avenue NE. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified and regular mail to the owner of record on June 7, 2006. 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 April 20, 2006, an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on June 7, 2006, inspectors reinspected the property listed above. Inspectors noted the one violation remained uncorrected. A compliance order and statement of cause was mailed via certified mail and regular mail to the owner listed in the property records. 3. That on July 3, 2006, inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Ordinance(s) were found to exist, to-wit: A. Shall landscape area next to driveway (just west of the current driveway) If area is to be used for parking, it must be hard surface.(ie: concrete or asphalt) door that is damaged. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 961 3 7th Avenue NE. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 961 37th Avenue NE. constitutes a nuisance pursuant to City Code. 2. That a copy of this resolution/order shall be served upon all relevant parties and parties in interest. 3. That any motion for summary enforcement shall be served upon all relevant parties and parties in interest. 4. That all service provided for herein shall be in accordance with Minnesota Statute 483.17, subd. 2 B) Adopt Resolution No. 2006-85, Declaring Property at 4110 6th Street N.E. a Nuisance/Approving Abatement Gorman stated this abatement is for outside storage on the property. There has been no contact with the owner. City Council Minutes July 10, 2006 Page 4 of 13 Mayor Peterson asked if there was anyone present to represent this property. No one was present. Motion by Kelzenberg, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2006-85, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2006-85, a resolution of the City Council of the City of Columbia Heights declaring the property at 4110 6th 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. RESOLUTION 2006-85 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Luis V. Chiqui (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4110 6th Street NE. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified and regular mail to the owner of record on June 13,2006. 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 April 24, 2006, an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on June 13,2006, inspectors reinspected the property listed above. Inspectors noted the one violation remained uncorrected. A compliance order and statement of cause was mailed via certified mail and regular mail to the owner listed in the property records. 3. That on July 5,2006, inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Ordinance(s) were found to exist, to-wit: A. Shall remove all/any outside storage from the property. Items include, BUT NOT LIMITED TO; B. MISCELLANEOUS JUNK-ALL OVER C. BUILDING SUPPLIES D. TREE WOOD D. REFRIGERATOR F. CONCRETE 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4110 6th Street NE is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4110 6th Street NE constitutes a nuisance pursuant to City Code. 2. That a copy of this resolution/order shall be served upon all relevant parties and parties in interest. 3. That any motion for summary enforcement shall be served upon all relevant parties and parties in interest. 4. That all service provided for herein shall be in accordance with Minnesota Statute 483.17, subd. 2 C) Adopt Resolution No. 2006-86, Declaring Property at 4156 5th Street N.E. a Nuisance/Approving Abatement City Council Minutes July 10, 2006 Page 5 of 13 Gorman stated the abatement is for the driveway, house and retaining wall. This property started with twelve violations with only three items remaining. Mayor Peterson asked if there was anyone present to represent this property. James Tang, 4156 5th Street, stated he is working hard to complete the items but has been doing missionary work in Africa. He stated that he has applied for funds to help finish the driveway and asked for an extension. Peterson asked how much time he would need. Tang indicated about one month. Peterson asked the Chief how much time he could be allowed. Gorman stated that the fire department would work with him, and asked that he stay in contact with the city. Peterson explained that we would move forward with the formal abatement, but we would still give him time to do the work necessary. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-86, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-86, a resolution ofthe City Council of the City of Columbia Heights declaring the property at 4156 5th 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. RESOLUTION 2006-86 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by James C. Tang (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4156 5th Street NE. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified and regular mail to the owner of record on June 6, 2006. 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 27, 2005, an inspection was conducted on the property listed above. Inspectors found twelve violations. A compliance order was sent via regular mail to the owner at the address. 2. That on June 6, 2006, inspectors reinspected the property listed above. Inspectors noted the three violations remained uncorrected. A compliance order and statement of cause was mailed via certified mail and regular mail to the owner listed in the property records. 3. That on June 30, 2006, inspectors reinspected the property and found that three violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Ordinance(s) were found to exist, to-wit: A. Shall replace the rotted step on the south side of the house. B. Shall repair the asphalt driveway. C. Shall repair the retaining wall by the house. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4156 5th Street NE. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. City Council Minutes July 10, 2006 Page 6 of 13 ORDER OF COUNCIL 1. The property located at 4156 5th Street NE constitutes a nuisance pursuant to City Code. 2. That a copy of this resolution/order shall be served upon all relevant parties and parties in interest. 3. That any motion for summary enforcement shall be served upon all relevant parties and parties in interest. 4. That all service provided for herein shall be in accordance with Minnesota Statute 483.17, subd. 2 D) Adopt Resolution No. 2006-87, Declaring Property at 4522 5th Street N.E. a Nuisance/Approving Abatement Gorman stated this abatement was for five items. He referred to copies ofletters received from the owner of the property. Nawrocki asked for a summary of the letters. Gorman stated that the owner does not like our process and does not want anyone on his property. Due to the letters received, extra precaution will be taken on this property. Nawrocki referred to the refusal ofMr. Molinaro to return the owner's call. Gorman stated that the police department has had contact with the owner many times. Nawrocki stated that the owner disputes the size of the compost pile. Gonnan stated that could be rechecked. Mayor Peterson asked if there was anyone present to represent this property. There was not. Motion by Williams, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2006-87, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution No. 2006-87, a resolution ofthe City Council of the City of Columbia Heights declaring the property at 4522 5th 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. RESOLUTION 2006-87 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Darrel J. Gross (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4522 5th Street NE. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified and regular mail to the owner of record on June 6, 2006. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on May 6, 2006, an inspection was conducted on the property listed above. Inspectors found five violations. A compliance order was sent via regular mail to the owner at the address. 2. That on June 6, 2006, inspectors reinspected the property listed above. Inspectors noted the five violations remained uncorrected. A compliance order and statement of cause was mailed via certified mail and regular mail to the owner listed in the property records. 3. That on June 30, 2006, inspectors reinspected the property and found that five violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Ordinance(s) were found to exist, to-wit: a. Shall scrape and paint garage where it is peeling. b. Paint bare wood around window on garage to match. c. Outside storage. Remove any/all outside storage including: snowblower, approximately 20 large garbage cans, and 5 gallon buckets. d. Shall install address numbers that are visible from the alley. e. Compost pile in back may not be any larger than 100 cubic feet total. In addition it may not be more than 5 feet high. City Council Minutes July 10, 2006 Page 7 of 13 S. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4S22 Sth Street NE. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4S22 Sth Street NE constitutes a nuisance pursuant to City Code. 2. That a copy of this resolution/order shall be served upon all relevant parties and parties in interest. 3. That any motion for summary enforcement shall be served upon all relevant parties and parties in interest. 4. That all service provided for herein shall be in accordance with Minnesota Statute 483.17, subd. 2. E) Adopt Resolution No. 2006-88, Being a Resolution for Rental Housing License Revocation at 1218-20 Circle Terrace Blvd. N.E. Gorman stated the violations are outside storage and an outside railing. There has been no contact from the owner. Mayor Peterson asked ifthere was anyone present to represent this property. There was not. Motion by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2006-88, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2006-88, Resolution ofthe City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SAA08(A) ofthe rental license held by Fletcher Wanless regarding rental property at 1218-20 Circle Terrace Blvd. N.E. Nawrocki questioned in the Findings of Fact #4 what is RMC. Gorman stated Residential Maintenance Code. Upon vote: All ayes. Motion carried. RESOLUTION 2006-88 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SAA08(A) of that certain residential rental license held by Fletcher Wanless (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1218-20 Circle Terrace Blvd., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 8, 2006 of an public hearing to be held on July 10, 2006. A reminder notice was mailed by certified mail to all interested parties on July 3, 2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on May 1,2006, inspectors for the City of Columbia Heights, inspected the property described above and noted two 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 June 8, 2006, inspectors for the City of Columbia Heights, reinspected the property and noted two 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. City Council Minutes July 10,2006 Page 8 of 13 3. That on July 3, 2006, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted one violation remained uncorrected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application. 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 remove aIVany outside storage from the property. Items include, BUT NOT LIMITED TO; Vacuum cleaner, garbage, and door. ii. Shall repair or replace missing railing for steps in front. Railing is currently on the ground. 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 F7581B 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. 2006-89, Being a Resolution for Rental Housing License Revocation at 4752 5th St. N.E. Gorman stated there has been no contact with the owner, and the application and the fee have not been submitted. Nawrocki questioned the license number in the information. Asst. Chief John Larkin stated that UL means it is new, unlicensed property. Gorman stated that we need the process to post the property for rental without a license. Nawrocki stated that the alley of this property needs a lot of patching. Mayor Peterson asked if there was anyone present to represent the property. Paul Crawford, 7718 Taylor Street NE, Spring Lake Park, is a personal friend of the owner, stated that the owner is in treatment and not available to live in the house. His niece Dana is living in the house watching his cat. It is not being rented; she is paying the water bill. Assistant Chief John Larkin stated that the property was checked because someone other than the owner paid the utility bill. Nawrocki stated that it should be indicated to the owner that ifhe is going to rent the property he would need a license. Gorman stated it would still be considered a rental property, with a family exemption. Motion by Williams, second by Kelzenberg, to close the public hearing for Rental Housing License Revocation at 4752 5th St. N.E. Upon vote: All ayes. Motion carried. G) Adopt Resolution No. 2006-90, Being a Resolution for Rental Housing License Revocation at 4905 5th Street N.E. Gorman stated the owner did submit his application, fees and scheduled the inspection. The inspection has not been completed, but the request is that this be carried through until the inspection is complete. Mayor Peterson asked if there was anyone present to represent this property. There was not. Hoeft stated that item 3B should be amended to read "failure to successfully complete an inspection" rather than schedule an inspection. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-90, as amended, there being ample copies available to the public. Upon vote: All City Council Minutes July 10, 2006 Page 9 of 13 ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-90, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SAA08(A) of the rental license held by As-Siddiq regarding rental property at 490S Sth Street N.E. as amended. Upon vote: All ayes. Motion carried. RESOLUTION 2006-90 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SAA08(A) of that certain residential rental license held by As-Siddiq Enterprises (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 490S Sth Street NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June IS, 2006 of an public hearing to be held on July 10, 2006. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on May 31, 2006, inspection office staff sent a letter requesting the 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 June IS, 2006, 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 license the rental license for the property, failure to submit the application and the fees. b. Failure to schedule the 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 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 U490S 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. 2006-91, Being a Resolution for Rental Housing License Revocation at 382S Central Avenue N.E. Gonnan asked to close this hearing as the repairs have been made. Mayor Peterson closed the public hearing, as the corrections have been made. I) Adopt Resolution No. 2006-92, Being a Resolution for Rental Housing License Revocation at 4631-33 Pierce Street N.E. Gorman stated this revocation is for outside storage on the property. Mayor Peterson asked if there was anyone present to represent this property. Deb Johnson, 4626 Pierce Street, stated she did not represent the property, but lives across the street. She stated that this is one of the better rental properties on the block. Both sides have recently been vacated. There are four other rental properties on the block that need be inspected. Williams asked ifthis is in Heritage Heights neighborhood. She stated yes. City Council Minutes July 10, 2006 Page 10 of ] 3 Motion by Diehm, second Williams, to close the public hearing and to waive the reading of Resolution No. 2006-92, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2006-92, Resolution ofthe 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 Tim Proue regarding rental property at 4631-33 Pierce St. N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2006-92 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 Tim Proue (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4631-33 Pierce Street 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 June 15, 2006 of an public hearing to be held on JulylO, 2006. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on May 8, 2006, 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 June 15, 2006, inspectors for the City of Columbia Heights, reinspected the property and noted nine 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 July 6, 2006, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted one 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. 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; 1. Shall remove all/any outside storage from the property. Items include, BUT NOT LIMITED TO; 11. CARPET 111. BABY STROLLER IV. STUFFED ANIMALS v. BED FRAME VI. BRANCHES IN DRIVEWAY vii. FENCE POSTS, DOWN ALONG FENCE IN FRONT. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7725 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. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions Subordination agreement for Schafer-Richardson Peterson stated the EDA just finished discussing this item. Fehst stated this was acted on by the EDA prior to this meeting. He indicated that Steve Bubel, Kennedy and Graven, indicated that banks, for City Council Minutes July 10, 2006 Page II of 13 such projects, typically request this type of agreement. Fehst read from the contract, which verifies that the City and EDA hold no mortgages on the property and that the owners assign rights for TIF. The developer is seeking a second loan for development of the property. This raises no concerns for the EDA or the City. Nawrocki stated that the city will have an obligation of almost $8,000,000 and it has language that it could go higher. The developer's bank would require, if there was a default, to get first call on the TIF money and the city would have to wait until the bank gets its money. We should not give up the right to the continuing money to pay for the project. Fehst indicated this just restates what is in the original agreement. Nawrocki stated this is a new bank. Diehm stated that a subordination agreement was agreed to in the original agreement. Motion by Diehm, second by Kelzenberg, to approve the Subordination and Consent Agreement between the City of Columbia Heights and BNC National Bank; and furthermore; to authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. 805 50th Avenue Nawrocki stated that he received a call from the resident at 805 50th Avenue stating that her and 17 neighbors are on a line that has continual power outages. Today there was an extended outage. She told him that last year they had four to six outages and Xcel blames it on things like trees and squirrel. There should be further research to see ifthere are transformer or other problems. He asked that there be a report back to the resident and to the Council. Fehst stated he also received a call from her and will return the call. Peterson stated that he also received a call and passed it on to the Public Works Department to research why the outages keep occurring in this area. ADMINISTRATIVE REPORTS Report of the City Manager F ehst . Indicated that residents would soon receive a letter on the activities of the Community Center Committee and options being considered for amenities and locations. The committee has visited two other sites. He described amenities and difficulties at the other facilities. The School District has looked at options for building a gym and brought up possible help from the City to build a second gym and walking area. There will be a public hearing at Murzyn Hall on July 26 from 7:00 p.m. to 9:00 p.m. Questions can be referred to the Community Development Department. Nawrocki stated his disappointment that the corrections he suggested for the Activity Center brochure were not included on the front page. He indicated that we have a community center in Murzyn Hall. This is for the consideration of gym space. The brochure should have been more complete, as more residents will receive this than would attend meetings for the information. Fehst indicated we do not have a speculation on costs yet. The best guess of the School District is $5.2 million of which they would ask for patiicipation of $1.6 million. . Budget meetings with department heads are on going. Nawrocki questioned the anticipated tax increase. Fehst stated it is too early to give that information. We will lose about $300,000 in state aid again. Nawrocki indicated financial commitments made since the last budget was approved. Fehst stated that Congressman Sabo has indicated there would be $1.2 million for the pedestrian bridge and that we would be responsible to obtain public right-of-way for the project. This bridge is in dire need, is not handicap accessible, and is on the same street as all of our schools. Nawrocki indicated the funding has only received partial approval. City Council Minutes July 10, 2006 Page 12 of 13 . The work session will discuss charging the School District for preschool space at Murzyn Hall and fire department fees. Williams stated that 4152 Cleveland is getting worse. Fehst referred to a memo that they are working on the property. The owner over extended what he wanted to do on the property. We are aware of it and want to make sure that it is done properly. Peterson stated that the plans were too large for the lot, but they needed to check if the size alotment included the garage. There is a huge mess there, but there was a bobcat on the property. Fehst referred to the appliances on the property that need disposal and that the owner was given the phone number to call for removal. Jane Polley, 4109 Cleveland, addressed the danger of the site and her concern that there is an open pit on the property, the fencing is down, and the appliances do not have the doors removed. She questioned what has taken so long. Fehst stated there were ownership problems and this is the first set of plans we have seen. Our Building Official will not let them overbuild on the site. Pauly asked how much time the owner has to finish. Fehst stated the time table is tied to the building permit. We can enforce placing fencing around the pit. She stated the garage is open and susceptible to fire. Diehm stated Ms. Polley is questioning if this should be an abatement issue. Hoeft stated there is an open building permit on this property and our City Code was modified to require that the Building Official see significant progress within the year. It is being monitored. Diehm questioned if we can call BFI for an appliance pickup. Hoeft stated that anyone could call. Fehst stated that we could call tomorrow. Nawrocki indicated that there is a law requiring removal ofthe appliance doors. Nawrocki stated that he spoke to the property owner and indicated problems with the property. Polley asked whom residents could call to get information on the property. Fehst indicated they could call the Building Official or the Fire Chief on actions and requirements. Nawrocki indicated that the grass cut on University Avenue now looks good. Did we get a different contractor? Fehst stated that we followed up on the clean up. Nawrocki stated he asked at the last meeting for the disclosure statement from Welsh Company as to whom they are representing. Nawrocki questioned overruns on architectural fees for the shop. Fehst stated it is a percentage of the construction cost and there were change orders on the project. Nawrocki stated the need to emphasis budget and election information in the upcoming city newsletter. Report of the City Attorney - nothing to report. CITIZENS FORUM - no comments COUNCIL CORNER Kelzenberg . Read an article by Sara Quam, Star-Herald, on Harris VandeVeide regarding his slalom skiing and NASTAR racing at 79 years of age. He won in the 74-79 year old class. He is a Columbia Heights resident of 46 years. . A Resident of 30 years called, but was unable to returned the call and asked that she contact him agam. Williams . Our Humanitarian ofthe Year, Jerry Finney, has passed on. Peterson stated that his w(fe passed on a month prior to that. Our honoring them was long overdue. The family was very proud of the honor. . The Peace Clock - we should continue to remember the need for peace in our city, neighborhoods and our lives. . Pray for peace and prosperity of our city. Hope that our property taxes are manageable this year. City Council Minutes July 10, 2006 Page 13 of 13 Peterson . People are still indicating interest to buy an engraved brick. We are still taking names and may try to add more bricks in the courtyard. . Don't take ourselves too seriously and do a random act of kindness. Diehm . Neighborhood National Night Out is August 1. Those interested can contact our police department to have a neighborhood block party. Nawrocki . The clock tower value should be accepted and recognized by the City Council. . Indicated and offered publications received at the League ofMN Cities Conference last week. . Spoke to ex-mayors ofSt. Cloud regarding how they handle their ward voting system. Peterson Do not forget our soldiers; we can not show our appreciation enough. ADJOURNMENT Mayor Peterson adjourned the meeting at 8:45 p.m. ~ ,\r\f\ .'f ~~tr. c.A' .. ~<c~ 1c,J::c..-cn)~ .. Patricia Muscovitz, CMC ~ Deputy City Clerk/Council Secretary