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HomeMy WebLinkAboutJuly 24, 2006 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JUL Y 24, 2006 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, July 24,2006 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Rev. Ken Ribe, Grace Church on Silver Lake, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Fehst requested to add a presentation by the Economic Development Association of Minnesota, Rebecca Kurtz, President. Peterson placed it under presentations. Nawrocki asked for the list of candidate filings. Fehst indicated he would list them in his report. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS Proclamations 1) 2006 National Night Out Mayor Peterson read the 2006 National Night Out Proclamation. Police Chief Tom Johnson stated there are already over 40 parties planned. Forms are available from the police department. The department will have police officers and possibly fire department personnel stop by each of the gatherings. Presentations 1) Dedication of Mural- Recreation Department Liz Bray, Youth Recreation Coordinator, described the program and thanked the City Council and the Boosters for their support in this project. Katherine Grantland, Youth Leader for the TNT program, stated this is the second year of the program and explained the process to develop and complete the mural. Three youth that helped with the project, Jake, Alicia, and Taylor described the mural. Marilyn Lindstrom, introduced herself as the person that led the process to a creative piece of public art. The purpose is to give the gift of art to the community. The focus for this piece was the "future" and "what do you want to see in your community for your children". She read from the brainstorming list created by the students. The students introduced themselves and showed the wooden blocks they created that will be placed around the mural. Lindstrom thanked all the volunteers and Liz Bray for her vision in this project. Peterson stated that adults could learn a lot from the words and work of the students. He also thanked the Boosters for their support. Peterson referred to the Moonshoe Players upcoming performance and dinner theater performance of "Touch tone 'M' for Murder" next week. He stated that it will be a wonderful evening of entertainment. The talent of the youth is amazing. Bray indicated that tickets are on sale at Murzyn Hall. City Council Minutes July 24, 2006 Page 2 of 12 Introduction of New Employees - none Recognition 1) Recognition, Promotions and New Officer Oaths Police Chief Tom Johnson introduced Community Service Officer Jerry Wellman. He listed Wellman's background and welcomed him to the police department. Wellman thanked the City Council. Johnson stated this is a historic night for Columbia Heights, as two female officers would be sworn in. Johnson swore in Officer Danielle Hanley. Hanley introduced herself and stated her pleasure to be with this department. Johnson swore in Officer Dianna Buboes. Buboes thanked the City for the opportunity to work with this great diverse community. Mayor Peterson presented them with their badges. Johnson listed the background of both officers. Johnson stated that Corporal Dale Sorenson has gone from CSO to officer, and is now being promoted to Corporal. Johnson listed Sorenson's background. Peterson presented him with his Corporal's badge. Sorenson thanked everyone for this opportunity. Johnson called Sargent Ted Fisher forward and stated his background. Fisher is now being promoted to Sargent. Peterson presented him with this Sargent's badge. Fisher stated he has worked here for 14 years and complimented all the Columbia Heights Officers. 2) Community Emergency Response Team (CERT) - graduate recognition Johnson stated his pride in the CERT program. After one year the program has over 50 members. He invited anyone interested in participating to contact the Police Department. He described the program and then introduced the current class of graduates and gave them their certificates. 3) Economic Development Authority of Minnesota award presentation Rebecca Kurtz, Economic Development Authority of Minnesota (EDAM) President, stated her pride to represent the statewide organization of ED A and HRA officials and private sector officials. She described the program and the well-deserved Columbia Heights project being recognized. This project received two nominations, which shows the pride with this project. Kurtz described the extra steps taken to meet environmental standards, and referred to the storm water retention pond and the goal of connectivity to services in this area. Peterson accepted the plaque on behalf of the Community Development Department and stated his pride in our city. 4) Post Office/Police & Fire Department softball game fundraiser Kelzenberg invited Paul Eich, postal worker, to come forward to promote the fourth annual Police and Fire Department versus the Post Office softball game. Eich stated that all proceeds are donated to SACA. The game will be held on Wednesday, August 2nd at 6:00 p.m. Following this game, the all-stars will play the Tri-City Legion Women's Fast Pitch Softball team. Everyone is welcome. 5) 50th Sister City International Global conference, Washington D.C. Dolores Strand, Co-Chair of the Columbia Heights/Lomianki Poland Sister Cities Committee and State ofMN Coordinator, reported on the 50th anniversary Global Conference that she attended. There are 25,000 US partnerships in 132 foreign countries. There are 200 City Council Minutes July 24, 2006 Page 3 of 12 communities on a waiting list to pair with a sister city. There were 1,000 delegates from 40 countries at the conference, including four Minnesota representatives. Strand described the Sister City International and listed the group's goals. She stated that she and Bernard Szymczak were given special recognition for their volunteer work. Strand stated that she met Kenneth Baring, head of the wheelchair foundation, and the granddaughter of Dwight D. Eisenhower. She indicated that four other communities are going to start a wheelchair project after hearing of our successful project. She showed the wheelchair foundation's newsletter, which has a picture and article of the Columbia Heights distribution of wheelchairs in Lomianki, Poland. The Columbia Heights Sister Cities Committee will hold a benefit in September for the Lomianki children's hospital, that will be sponsored by Jeff Bahe, Auto W orId. There will be a local Sister Cities conference in Ramsey this year. CONSENT AGENDA City Manager Walt Fehst took Councilmembers through the consent agenda items. 1) Approve City Council Meeting Minutes for July 10, 2006 regular City Council meeting Motion to approve the minutes of the July 10,2006 regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes a) Motion to accept the minutes ofthe June 5, 2006 Traffic Commission meeting. b) Motion to accept the minutes of the July 11, 2006 Library Board meeting. 3) Establish Work Session meeting date for Monday, August 7, 2006, beginning at 7:00 p.m. in Conference Room 1. Motion to establish a Work Session meeting date for Monday, August 7, 2006 beginning at 7 :00 p.m. in Conference Room 1. Fehst listed the proposed agenda items: Charter amendment wording for ward system and adding two councilmembers, used auto lot ordinance, backup generator for pumping station, change order #1 for Huset parkway, and discussion of possible municipal liquor store on 3ih Avenue. 4) Authorize transfer of funds from the General Fund to reimburse Police Department overtime budget Motion to transfer $3,396.50 received from Columbia Heights School District #13 from the General Fund to the Police Department 2006 budget under line #1020, police overtime. 5) Authorize transfer of funds from the General Fund to reimburse Police Department overtime budget Motion to transfer $2,701.21, the total amount of money received from the State of Minnesota for our efforts in Safe and Sober program, from the General Fund to the Police Department 2006 budget line #1020 overtime. 6) Adopt Resolution No. 2006-94, being a Resolution Identifying the Need for Livable Communities Demonstration Account Funding and Authorizing an Application for Grant Funds. - Removed 7) Approve the items listed for rental housing license applications for July 24, 2006 - Removed 8) Approve reissue of rental housing license for 4631-33 Pierce Street NE as it complies with City Code City Council Minutes July 24, 2006 Page 4 of 12 Motion to issue a rental-housing license to Tomasina Proue to operate the rental property located at 4631-33 Pierce Street NE in that the provisions of the residential maintenance code have been complied with. 9) Approve Business License Applications Motion to approve the items as listed on the business license agenda for July 24, 2006 as presented. 10) 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 117796 through 118021 in the amount of $2,598,397.55. Motion by Diehm, second by Kelzenberg, to approve the Consent Agenda items with the exception of item #6. Nawrocki stated that while reviewing 4631-33 Pierce Street, he noted that the building next door on the north side has a lot of trash laying about and that the 1400 47th apartments had overflowing garbage containers in the alley. He asked if they have enough capacity for their needs. Upon vote: All ayes. Motion carried. Williams asked that item #7 also be removed. Motion by Diehm, second by Kelzenberg, to amend the motion to include the exception of item #7. Upon vote of the amendment: All ayes. Motion carried. 6. Adopt Resolution No. 2006-94. being a Resolution Identifying the Need for Livable Communities Demonstration Account Funding and Authorizing an Application for Grant Funds. Fehst stated that the EDA discussed possible development of the area by the old K-mart site and a request for funding relief of the sanitary sewer they placed, the retaining wall, and financing for a 230 stall parking ramp to accommodate retail and a nice restaurant. We would first apply for grant funding of $974,369. We would not pay for the $2.9 million that he would need. Ifthe grant request is successful, the EDA would include additional TIF money of $400,000. The EDA recommended going forward with the grant process. Nawrocki stated that the project, as previously approved by council, would take away five or six years of taxing reviews for the City. This increase would possibly change that to six, seven or up to 15 years, where tax revenue would not be available to fund local services. Fehst stated that this block needs to be a statement for redevelopment in that area. Nawrocki also referred to the Huset park project that may take 20 years to help fund city services. Fehst stated that the School District would still receive tax dollars. Fehst stated the need to improve this area, as it is adjacent to the Heritage Heights neighborhood. Deb Johnson, 4626 Pierce Street, referred to bad press regarding eminent domain and bad properties and asked why this is not considered blight for eminent domain. Fehst stated we have the most frustrated staff that worked to indicate the impact imminent domain laws would have on communities like ours. D. Johnson stated that we should not make it profitable to be a slum lord, but should fine them for clean up and police calls. She referred to her grand- daughter's wading pool being stolen tonight. Diehm stated that the article paints a bleak City Council Minutes July 24, 2006 Page 5 of 12 picture, but we will not give up. The legislation is new and will be further looked at. We do not believe this was the Legislature's intent. We will look to see if we qualify, and if we don't qualify, it will be a good case for next year to indicate that the definitions need to be changed. We will still continue to work on this. Peterson stated that we have ordinances against tires and trash, and asked that residents call 911 on these problems. We want to get tough on the problems. D. Johnson stated that it is not only rental properties but also some home owners. Nawrocki referred to properties up for abatement, and stated it is obvious that we don't check the adjacent properties and issue citations to get these cleaned. He suggested that the City Manager visit the abatement areas prior to the meeting and pass them on the proper people to issue citations. The problem is that we are not enforcing the laws we have. Motion by Williams, second by Diehm, to waive the reading of Resolution 2006-94 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution 2006-94, a Resolution Identifying the Need for Livable Communities Demonstration Account Funding and Authorizing an Application for Grant Funds. Diehm added it is important when being fiscally responsible to keep looking for funding sources and grants and to move forward with the grant application. Nawrocki referred to the comment on eminent domain and the criteria for blight. He described the topic and impact across the country. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2006-94 RESOLUTION IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT FUNDING AND AUTHORIZING AN APPLICATION FOR GRANT FUNDS WHEREAS the City of Columbia Heights is a participant in the Livable Communities Act's Housing Incentives Program for 2006 as determined by the Metropolitan Council, and is therefore eligible to apply for Livable Communities Demonstration Account funds; and WHEREAS the City has identified a proposed project within the City that meets the Demonstration Account's purposes and criteria and is consistent with and promotes the purposes of the Metropolitan Livable Communities Act and the policies of the Metropolitan Council's adopted metropolitan development guide; and WHEREAS the City has the institutional, managerial and [mancial capability to ensure adequate project administration; and WHEREAS the City certifies that it will comply with all applicable laws and regulations as stated in the grant agreement; and WHEREAS the City agrees to act as legal sponsor for the project contained in the grant application submitted on 17 July, 2006; and WHEREAS the City acknowledges Livable Communities Demonstration Account grants are intended to fund projects or project components that can serve as models, examples or prototypes for development or redevelopment projects elsewhere in the region, and therefore represents that the proposed project or key components of the proposed project can be replicated in other metropolitan-area communities; and WHEREAS only a limited amount of grant funding is available through the Metropolitan Council's Livable Communities Demonstration Account during each funding cycle and the Metropolitan Council has determined it is City Council Minutes July 24, 2006 Page 6 of 12 appropriate to allocate those scarce grant funds only to eligible projects that would not occur without the availability of Demonstration Account grant funding. NOW THEREFORE BE IT RESOLVED that, after appropriate examination and due consideration, the governing body of the City: 1. Finds that it is in the best interests of the City's development goals and priorities for the proposed project to occur at this particular site and at this particular time. 2. Finds that the project component(s) for which Livable Communities Demonstration Account funding is sought: (a) wiII not occur solely through private or other public investment within the reasonably foreseeable future; and (b) wiII not occur within two years after a grant award unless Livable Communities Demonstration Account funding is made available for this project at this time. 3. Represents that the City has undertaken reasonable and good faith efforts to procure funding for the project component for which Livable Communities Demonstration Account funding is sought, but was not able to find or secure from other sources funding that is necessary for project component completion within two years and states that this representation is based on the following reasons and supporting facts, being that the City's EDA and HRA levies are fully pledged to existing redevelopment and housing activities and that the Community Development Block Grant dollars are not available to fund parking ramps. 4. Authorizes its City Manager to submit on behalf of the City an application for Metropolitan Council Livable Communities Demonstration Account grant funds for the project component(s) identified in the application, and to execute such agreements as may be necessary to implement the project on behalf of the City. 7. Approve the items listed for rental housing license applications for July 24,2006 Motion by Diehm, second by Kelzenberg to approve the items listed for rental housing license applications for July 24, 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. 2006-95, to approve revocation of rental license at 4154-56 2nd Street Assistant Fire Chief John Larkin explained the revocation was for failure to allow entrance, and violations found upon access. Mayor Peterson asked if there was anyone present representing the property. There was not. Motion by Williams, second by Diehm, to waive the reading of Resolution No. 2006-95, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution No. 2006-95, 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 Christopher Decker regarding rental property at 4154-56 2nd Street NE. Upon vote: All ayes. Motion carried. RESOLUTION 2006-95 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 Christopher and Tracy Decker (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4154-4156 2nd Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, 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 June 21, 2006 of an public hearing to be held on July 24, 2006. City Council Minutes July 24, 2006 Page 7 of 12 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 16,2006, inspectors for the City of Columbia Heights, inspected the property described above and noted six 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 21, 2006, 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 July 18, 2006, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted 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: a. Failure to correct RMC violations. The violations are as follows; i. Inspectors were unable to get into the 41S4 Side. Shall make the 41S4 side available for inspection as soon as possible. 11. Shall install a proper electrical panel cover on the basement electrical panel. lll. Shall repair the drain next to the laundry tub that is plugged. Shall remove the standing water next to the laundry tub. IV. Shall repair the tub drain in the bathroom, that drain leaks water into the basement. v. Shall repair the side storm door that is damaged. S. 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 II1SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7667 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. 2006-96, to approve abatement at 4900 Sth Street NE Larkin listed the inspection dates and stated that violations were not completed. Mayor Peterson asked if there was anyone present representing the property. There was not. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution No. 2006-96, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Hoeft stated the date correction to the finding of fact from July 17 to July 14 Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2006-96, a resolution of the City Council of the City of Columbia Heights declaring the property at 4900 Sth Street NE a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. corrected as noted. Upon vote: All ayes. Motion carried. RESOLUTION 2006-96 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 E. Woods (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4900 Sth Street NE. Columbia Heights, Minnesota, City Council Minutes July 24, 2006 Page 8 of 12 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 14,2006. 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 9, 2006, an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on June 14,2006, inspectors reinspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 3. That on July 14,2006, 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 sod/seed bare areas in backyard. 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 4900 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. ORDER OF COUNCIL 1. The property located at 4900 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 C) Adopt Resolution No. 2006-97, to approve abatement at 4531 Madison Street NE Larkin listed the dates of inspections, and stated there were no corrections of the violations. Nawrocki stated that the stump is not very far above ground in the front yard. Larkin stated there is also a large stump in the back yard, and that the ordinance requires them ground six inches below ground surface. Larkin stated that he would visit the property again, but requested follow through with the abatement. Hoeft amended the findings of fact 4A to include "shall remove stumps from the yard". Mayor Peterson asked if there was anyone present representing the property. There was not. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2006-97, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-97, a resolution of the City Council of the City of Columbia Heights declaring the property at 4531 Madison Street NE a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206 as corrected. Upon vote: All ayes. Motion carried. RESOLUTION 2006-97 City Council Minutes July 24, 2006 Page 9 of 12 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 E. Sather (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4531 Madison 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 29, 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 22, 2006, an inspection was conducted on the property listed above. Inspectors found four violations. A compliance order was sent via regular mail to the owner at the address. 2. That on June 29, 2006, inspectors reinspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via certified mail to the owner listed in the property records. 3. That on July 14,2006, inspectors reinspected the property and found that two 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 remove stumps from the yard. E. Shall remove pile of sticks and logs from yard. 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 I. That the property located at 4531 Madison 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 I. The property located at 4531 Madison 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. 2006-98, to approve abatement at 4231 6th Street NE Larkin listed the dates of inspections and stated that the violations have not been corrected. Nawrocki stated that the garage door has a piece broken out, exposing the expired license plate on the car inside. Hoeft stated that current licensing is not required in a building. Nawrocki stated there are also two tires next to the garbage can and debris next to the garbage can. Larkin stated that those items may not have been present on the day of inspection, but some one will check on this. Mayor Peterson asked if there was anyone present representing the property. There was not. Motion by Williams, second by Diehm, to waive the reading of Resolution No. 2006-98, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution No. 2006-98, a resolution ofthe City Council Minutes July 24, 2006 Page I 0 of 12 City Council of the City of Columbia Heights declaring the property at 4231 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 2006-98 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 Sharon K. Bates (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4231 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 29, 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 18,2006, 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 29, 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 to the owner listed in the property records. 3. That on July 14,2006, 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 repair or replace the broken garage door. 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 4231 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 4231 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 ITEMS FOR CONSIDERATION - none ADMINISTRATIVE REPORTS Report of the City Manager . Fehst stated that mayor and city council filings closed on July 18, 2006. Candidates for mayor are Gary L. Peterson, Joseph S. Sturdevant, and Ian Payton. Candidates for council are Tami Diehm, Bruce Kelzenberg, Ted Landwehr, Kevin Bumgardner, and Bob OddenThanked the Councilmembers for their perfonnance review of him held on Monday night. Thanked the Mayor for the structure ofthe review and for kudos and criticisms received. Nawrocki stated that it was intended to be constructive criticism and the review was not completed, as the third page was not City Council Minutes July 24, 2006 Page 11 of 12 covered. . Wednesday at Murzyn Hall there will be a public hearing will be held to seek information on different alternatives for an activity center or a facility to include gyms. Encouraged people to attend and give their input. Referred to the newsletter sent to everyone in town describing the process and the public hearing. He referred to comments by the School Board on possible construction of additional facilities adjacent to their buildings. . Working on the budget with a possible presentation to Council in August. It is now based on loosing $300,000 in local government aid. Nawrocki indicated that we already have an activity center in Murzyn Hall. He described some of the current activities. This discussion is for additional space. He referred to two calls in opposition to the plan and indicated they should attend the meeting. People will have the opportunity to attend and say no if they choose. This started with possible gyms and has expanded to possibly include a new library and city hall. Nawrocki questioned what the proposed tax decrease would be for next year. Fehst stated there would be a recommendation for the cost ofliving increase. Nawrocki indicated that programs might have to be reduced. The Library Board has had a proposal on the budget; why hasn't the City Council. Fehst stated that there would be several proposals allowing council to make the cuts they choose. Nawrocki stated the need to do a better job telling people what the tax impact could be on their homes. Nawrocki requested information on all the individual funds we have, such as the 881 recreation contribution fund, with the name, fund numbers, and fund descriptions. The monthly report should show the beginning balance for each fund. He requested a list of open consultant contracts, the original authorized amount, and a list of who they are. Williams indicated the importance of the public hearing on Wednesday night. The Council has not made any decisions and wants the community's input. Peterson stated this is the first ofthree open house/public hearings. Report of the City Attorney - nothing to report. CITIZENS FORUM - none COUNCIL CORNER Kelzenberg . Hope everyone attends "National Night Out" to meet with their neighbors. The more you know them, the better the community would be. . Encouraged attendance at the police, fire and post office softball game and the fast pitch game. Williams . Referred to the fast pitch game he was part of here, years ago. . All Councilmembers attend National Night Out gatherings with our police officers. . Pray for the peace and health of our city and our citizens. Pray for rain. Peterson . Encouraged everyone to get active in National Night out - know your neighbors and your police officers. . Touchtone "M" for Murder is a mystery. These kids are great. Those attending will be guaranteed a wonderful evening. . The new mural will be located at the lower entrance to city hall. Visit it - it has a great message. City Council Minutes July 24, 2006 Page 12 of 12 . Regarding the budget: if Councilmembers have money saving ideas, please pass them along to staff. . Don't take ourselves too seriously and do a random act of kindness. Diehm . Asked staff to contribute their budget saving ideas. . Recreation fall programs will start in August. . Stated the importance of National Night Out. We often get busy and don't visit with our neighbors. Talk to those in your neighborhood to create a community. Nawrocki . What was learned on the 805 50th Avenue power outages? Fehst referred to the comment in the green sheet, stating that the power company has not gotten back to us. . Junk vehicles at 3841 3rd Street, including an old tow truck, junk in the back, unlicensed vehicles, etc. An area on the north side ofthis has junk vehicles. At 3757 3rd Street there is a truck with '04 Wisconsin plates. ADJOURNMENT Mayor Peterson closed the meeting at 9:05 p.m. Pa ricia Muscovitz, CMC f i Deputy City Clerk/Council Secretary