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Home My WebLink AboutAugust 14, 2006 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING AUGUST 14,2006 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, August 14, 2006 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDERJROLL CALL/INVOCATION The invocation was given by Pastor Dave Briley of Oak Hill Baptist Church. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki requested to add discussion on the budget and the proposed activity center. Peterson placed the items under 7C - Other Business. Peterson added an award and recognition of the recreation department under presentations. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS - none Peterson awarded the loser's trophy to the Post Office from the Police and Fire Department. Paul Eich, postal employee, accepted the loser's trophy and stated that this award is to draw attention to the benefit for SACA. $206 and 260 pounds of food were donated to SASCA. The Girl's Tri City Legion Fast Pitch game against the All Stars was quite entertaining. There was a potluck picnic following the games. Peterson stated that he and the City Manager have received many positive comments on our recreation programs. He stated that he attended the Moonshoe Player's Dinner Theater, which was fantastic. He read a list of activities held by the Recreation Department this year. Peterson thanked and praised the Recreation Department. Fehst stated that he has received many positive phone calls about the Dinner Theater and the programs run by this department. CONSENT AGENDA Walt Fehst, City Manager took Councilmembers through the consent agenda items. 1) Approve City Council Meeting Minutes for July 24, 2006 regular City Council meeting Motion to approve the minutes of the July 24, 2006 regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes a) Motion to accept the minutes of the April 25, 2006 HRA meeting. b) Motion to accept the minutes of the May 23,2006 EDA meeting. c) Motion to accept the minutes of the July 10, 2006 EDA special meeting. d) Motion to accept the minutes of the July 20,2006 Telecommunications Commission meeting. e) Motion to accept the minutes ofthe July 20,2006 Charter Commission meeting. t) Motion to accept the minutes of the July 10, 2006 Traffic Commission meeting. 3) Establish Work Session meeting date for Tuesday, August 29,2006, beginning at 7:00 p.m. in the Council Chambers Motion to establish a Work Session meeting date for Tuesday, August 29,2006 beginning at 7:00 p.m. in the Council Chambers. Fehst listed the proposed work session agenda items: Budget, Auto Lot ordinance, Transitional Housing City Council Minutes August 14,2006 Page 2 of 25 ordinance, Frattalone change order (Huset Parkway), Street names change (Huset Parkway) and Madison Place south of 39th would be renamed to Jefferson, and 2007 road paving - Tyler/Polk! Taylor Street program amendment. Nawrocki commended the City Manager for finding a date other than the third Monday for the work session. He stated that at the last work session only two ofthe five proposed items were discussed. Items scheduled should be discussed. 4) Adopt Resolution No. 2006-99, being a Resolution designating election judges and salaries for the 2006 Primary and General Elections. Motion to waive the reading of Resolution No. 2006-99, there being ample copies available to the public. Motion to adopt Resolution No. 2006-99, being a Resolution designating election judges and salaries for the 2006 Primary and General Elections. RESOLUTION 2006-99 BEING A RESOLUTION DESIGNATING ELECTION JUDGE SALARIES AND ELECTION JUDGES FOR THE 2006 PRIMARY AND GENERAL ELECTIONS WHEREAS: There are scheduled elections in the City of Columbia Heights and the State of Minnesota; and WHEREAS:Pursuant to City Charter, Section 30, and M.S.S.204A, the Council shall appoint the following qualified voters to be judges for the 2006 Primary and General election. Precinct I-Murzvn "all-530 Mill St. Faye Cleasby - Head Judge Darlene Bieljeski Assistant Head Judge Dolores Strand Fran Jensen Wanda Heining Mildred Peterson James Cyson Robert Petty Joyce Shellito Jason Chorney Precinct 2-lmmaculate Conception-4030 Jackson St. Clara Shattuck - Head Judge Joann Kewatt Assistant Head Judge Mark Emme Jacque Block Bradley Schmitt Carol Wiles Dennis Otremba Gretchen Gallagher Weinstein Bev Holub Jerome Swanson Marvin Helm Precinct 3 -Parkview VilIa-965 40'h Aven~ Muriel Nichols - Head Judge Charles Helland Assistant Head Judge Laura Lindahl Delores Jacobsen Jacqueline Niznik Lorraine Milisheski Judy Schendel Georgene Baker Mama Gomez Jeani Cox Precinct 4-Highland Elem School-I500 49'h Avenue Marsha Stroik Head Judge Lauri McGee- Assistant Head Judge Margaret Taranto Cliff Pelton Mabel Jackson Judith Dettman Shirley Browning Betty Krahl City Council Minutes August 14, 2006 Page 3 of 25 Theresa Kowe Joel Andrychowicz Precinct 5-First Lutheran Church-1555 40'h Ave Edna Miracle - Head Judge Joan Kinde Assistant Head Judge Nancy French Irene Ricci Aurora Johnston Richard Meixner Lorrie Nalezny Marion Bernard Marion Cellette Ellen Lutz Marie Peterson Precinct 6-Highland Elem. School-1500 49'h Ave Stephen Isennan - Head Judge Joanne Nelson - Assistant Head Judge La V onne Seim Delores Marquette Kay Mayer Eva Pelton Doris Sunheim William Dettman Carol Lawler Patricia Tollefson Precinct '-Vallev View Elem School-800 49'h Ave Kay Handley - Head Judge Ann Kronstedt Assistant Head Judge Kathryn Morales James Hutchinson Joan Fuhrman William Burgoyne Patrick Mathews Carolyn Hampton Belma Demirovic Susan Wilebski Mary Swanson Precinct 8-Valley View Elem School-800 49'h Ave Pat Jindra - Head Judge Mary DowdeJ Assistant Head Judge Mary Ann O'Brien Dick Corbett Irene Sunt Tom Howard Stephen Emme Rose Lenzmeier Ken Kronstedt Christopher Hanson NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights does appoint the afore mentioned as election judges, by precinct, for the Primary Election on September 12, 2006 and the General Elections on November 7,2006, with an hourly remuneration of$IO.75 for Head Judge, $10.50 for Assistant Head Judge, and $10.25 for an Election Judge. 5) Approve transfer of funds from the General Fund to reimburse Police Dept. overtime budget Motion to transfer $500 received from Unique Thrift Stores and $3,634 received from Northeast Metro School District 916 - a total of$4,134 - from the General Fund to the Police Department 2006 budget under line #1020, police overtime. 6) Adopt Resolution No. 2006-104, being a Resolution approving settlement of eminent domain proceedings for 450 38th Avenue NE - Randy Schumacher, Community Development Project Manager, stated that this is the last piece of property left to obtain in the industrial area. Eminent domain proceedings were scheduled for next week with the Smith family, but an agreement was reached with an additional $42,500 to the final settlement. This will be Schafer Richardson's responsibility. Nawrocki stated that the project is $3.5 million over the anticipated amount for property acquisition. Fehst stated that amount was for contamination cleanup of the property, the property costs and relocation fees. Nawrocki stated this would lengthen the TIF repayment. City Council Minutes August 14, 2006 Page 4 of 25 Motion to waive the reading of Resolution No. 2006-104, there being ample copies available to the public. Motion to adopt Resolution No. 2006-104, being a Resolution approving settlement of eminent domain proceedings for 450 38th Avenue NE. RESOLUTION NO 2006-104 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA APPROVING SETTLEMENT OF EMINENT DOMAIN PROCEEDING WHEREAS, the City of Columbia Heights, Minnesota ("City") acquired the property located at 450 38th Avenue NE, and legally described on Exhibit A attached hereto ("Subject Property") in eminent domain proceedings for construction of Huset Parkway (Parkway Portion") and redevelopment ("Redevelopment Portion"), effective June 1,2005; WHEREAS, when acquired by the City, the Subject Property was owned by Daro J Smith and Rita A Smith, as Trustees (1/2) and Scott A. Smith (112) subject to a lease in favor of Steel Tech, Inc ("Tenant"); WHEREAS, on June 1, 2005, the date of taking, the City deposited its approved appraisal of value in the amount of $490,480 for the Subject Property with the District Court for Anoka County in said eminent domain proceedings; WHEREAS, the Owners and Tenant claimed additional damages (beyond the amount of the Quick Take Deposit) of $125,775, plus interest, as a result of the taking of the Subject Property; WHEREAS, the Court appointed three condemnation commissioners to determine the damages caused to the Owners by the taking of the Subject Property, which commissioners viewed the property and scheduled evidentiary hearings for that purpose; WHEREAS, the City's Attorney has negotiated a settlement of the Owners' and Tenant's claims of damages due to the taking of the Subject Property for the additional amount of $42,500 plus interest at the judgment rate to the date of payment, subject to the approval of the City Council; WHEREAS, City staff concurs with the amount of the settlement; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota as follows: 1. That the settlement amount of $42,500 plus amounts previously paid and plus interest from the date of taking of the Subject Property to the date of payment is hereby approved. 2. That the City Clerk and Mayor are authorized to execute the Stipulation of Final Settlement and take ail other actions necessary to complete the obligations of the City pursuant to its terms. 3. That the City Attorney is authorized to take all actions necessary to complete the obligations of the City pursuant to the Stipulation of Final Settlement. 7) Authorize Capital Equipment Replacement of Unit #118, a 1967 Onan 85KW generator and automatic transfer switch. Fehst stated this equipment was a budgeted item. Nawrocki asked if the Council authorized the taking of bids. Kevin Hansen, Public Works Director, stated that the State law bid amount is $50,000. The material costs were under that amount. Nawrocki stated that these two items do not follow our purchasing policy. Motion to authorize the replacement of existing Unit #118, Onan 85KW generator, with one (1) new CAT Model G 1 00F3 Natural Gas 100 KW generator and automatic transfer switch from Zeigler Power Systems in the amount of$21,585 plus tax, with funding from Fund 433-49430-5180 and dispose of Unit #118 by auction. 8) Authorize Capital Equipment Purchase of Leaf Loader attachment for Unit #296 MT Trackless Fehst stated that these bids are part ofthe State contract. Motion to authorize the purchase of one (1) Trackless Leaf Loader attachment for Unit #296 MT City Council Minutes August 14,2006 Page 5 of 25 Trackless from Mac Queen Equipment in the amount of$24,855 plus sales tax per Minnesota State Contract, funding from Fund 431-43121-5180. 9) Approve designation of "no parking" on portion of 41 st Avenue for 30' west and east of Maureen Drive Nawrocki asked if the no parking restriction would be on both sides of the street. Peterson stated that the staff report indicates it is for the North side. Motion to designate "no parking" on 41 st Avenue for 30 feet west and 30 feet east of Maureen Drive, based on the recommendation of the Traffic Commission. 10) Approve charge to Columbia Heights School District for use of Preschool room at Murzyn Hall starting in 2007. Fehst stated that he spoke to the Superintendent of Schools and their Finance Director who indicated their feelings that these charges would be a wash with their non-payment for our senior program. They understood the use of space charge and indicated it was preferable to paying for senior programs they did not feel they were receiving. Motion to approve the charge to Columbia Heights School District for use of Preschool room at Murzyn Hall starting in 2007. 11) Approve Minor Subdivision and variances located at 1853 - 39th Avenue Nawrocki stated that the address is now on 39th and this would change it to Arthur Street. Jeff Sargent, City Planner, indicated that one address would remain on 39th, but the other lot would not have access to 39t\ rather to Arthur and so would have that address. Nawrocki questioned the $4,157 park dedication fee compared to the $750 park dedication fees paid by Huset Parkway homes.. Sargent explained that park dedication fees are ten percent of the value. Diehm stated that the fee is ten percent or "payment in lieu of' and is set by our ordinance. These units take less space but payments average out the same. Diehm stated the funds not only support the use of parks by that family, but by the owners for many years to come. Jim Hoeft, City Attorney, stated that the fee is based on density. Peterson stated that it is our ordinance and it could be readdressed, if so requested. Motion to waive the n.~ading of Resolution 2006-101, there being ample copies available to the public. Motion to approve Resolution No. 2006-101, approving a minor subdivision at 1853 - 39th Avenue NE, subject to the conditions stated in the Resolution. RESOLUTION NO. 2006-101 RESOLUTION APPROVING A MINOR SUBDIVISION WITH CERTAIN CONDITIONS FOR JACK HANSEN WHEREAS, a proposal (Case No. 2006-0801) has been submitted by Jack Hansen to the City Council requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: 1853 - 39th Avenue NE EXISTING LEGAL DESCRIPTION: Lots 2 and 3, combined, Auditor's Subdivision of Walton's Sunny Acres 3rd Addition, Anoka County, Minnesota, except the west 180.00 feet thereof, and also excepting the north 75.00 feet of said Lot 2. PROPOSED LEGAL DESCRIPTION: On File at City Hall THE APPLICANT SEEKS APPROVAL OF A MINOR SUBDIVISION. WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed subdivision upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on August 8, 2006. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: City Council Minutes August 14, 2006 Page 6 of 25 1. The proposed subdivision of land will not result in more than three lots. 2. The proposed subdivision of land does not involve the vacation of existing easements. 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. 4. The proposed subdivision does not require the dedication of public rights-of-way for the purpose of gaining access to the property . 5. The property has not previously been divided through the minor subdivision provisions of this article. 6. The proposed subdivision does not hinder the conveyance of land. 7. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. 8. The proposed subdivision meets all of the design standards specified in the 99.114. FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, a..l1d other information shall become part of this subdivision approval. CONDITIONS: 1. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 2. The applicant shall pay a park dedication fee in the amount of $4,157.28, due at the time of final approval by the City Council, and prior to any permits issued for the property. 3. The applicant shall move the deck, pool and storage shed located on Parcel A into setback compliance on Parcel B, or remove them entirely from the property prior to the issuance of a building permit for the new house on Parcel A. Motion to waive the reading of Resolution 2006-102, there being ample copies available to the public. Motion to approve Resolution No. 2006-102, approving a 13-foot front yard setback variance for Parcel B, a 2.8-foot side yard setback variance for Parcel B and a l.4-foot rear yard setback variance for Parcel B for the property located at 1853 - 39th Avenue, subject to the conditions stated in the Resolution. RESOLUTION NO. 2006-102 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR JACK HANSEN WHEREAS, a proposal (Case # 2006-0801) has been submitted by Jack Hansen to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 1853 - 39th Avenue NE. LEGAL DESCRIPTION: Lots 2 and 3, combined, Auditor's Subdivision of Walton's Sunny Acres 3rd Addition, Anoka County, Minnesota, except the west i 80.00 feet thereof, and also excepting the north 75.00 feet of said Lot 2. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 13-foot front yard setback variance per Code Section 9.109 (C), a 2.8-foot side yard setback variance per Code Section 9.109 (C), and a lA-foot rear yard setback variance per Code Section 9.109 (C). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on August 8, 2006; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger offrre, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. City Council Minutes August 14,2006 Page 7 of 25 FURTHER, BE IT RESOLVED, that the attached conditions, plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS: 1. All application materials, maps, drawings and descriptive information submitted with the application shall become part of the permit. 12) Approve Conditional Use Permit for an Assisted Living Facility at 4025 University A venue - Removed 13) Approve the items listed for rental housing license applications for August 14, 2006 Motion to approve the items listed for rental housing license applications August 14, 2006. 14) Approve reissue of rental housing licenses a) Motion to issue a rental-housing license to Julie Marsh to operate the rental property located at 4524 Monroe Street NE in that the provisions of the residential maintenance code have been complied with. b) Motion to issue a rental-housing license to Gary Anderson to operate the rental property located at 4630 Taylor Street NE in that the provisions of the residential maintenance code have been complied with. 15) Adopt Resolution 2006-100, being a Resolution approving the 2007 Business License Fees Motion to waive the reading of Resolution No. 2006-100, there being ample copies available to the public. Motion to adopt Resolution 2006-100, being a Resolution adopting the 2007 Business License Fee Schedule as presented. Resolution 2006-100 placed at the end of the minutes. 16) Approve Business License Applications Motion to approve the items as listed on the business license agenda for August 14, 2006 as presented. 17) Adopt Resolution No. 2006-114, being a Resolution authorizing tall grass and weed abatement charges -_removed 18) Approve Contract with ProSource Technologies, Inc. Nawrocki questioned ifthis is for the Burger King property. Fehst stated this would be a study of the Mady's and rental properties through a grant. Motion to approve contract with ProSource Technologies, Inc. for $62,745 for a Phase 2 environmental site assessment at 39th and Central. 19) 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 118022 through 118237 in the amount of$1,142,333.12. Motion by Diehm, second by Kelzenberg, to approve the Consent Agenda items with the exception of items 12, 17. Upon vote: All ayes. Motion carried. 12. Approve Conditional Use Permit for an Assisted Living Facility at 4025 University Avenue. Nawrocki stated he visited this site and other sites under this name on the Secretary of State's web site for corporations. He referred to the previous subdivision on Reservoir and 41 st where he felt not enough City Council Minutes August 14, 2006 Page 8 of 25 information was received. Two of their sites are on Lake Street and one looked like a salon. He went to the address in Andover, which was vacant. He questioned who would be assisted at such a facility. Information indicted there would be two full time and two part time employees, which would not cover such a facility full time. He questioned what is being proposed for this property. Nawrocki referred to a brochure of facilities that do not exist and Department of Health licenses issued indicate they are not transferable. Sargent stated the people being managed would be the elderly and those with medical needs. Residents could be there from a short time to several years. He had questioned if they would accept sex offenders or those with psychological problems. The applicant indicated they would not address those needs. There will be two full time and two part time people there at all times. The employees would be registered nurses and are licensed by the State to have this type of business. They also qualify for the zoning in that district. Concerns of the neighborhood were addressed. The applicant's husband is present, as is the owner of the property. Nawrocki asked if Sargent had visited the other sites. Sargent stated his job is to see that the application fits our code, and that the applicant has the proper licenses and is not discriminating. Diehm stated that some items on the Secretary of State's web site are inactive files. Our code outlines conditions, and ifthey meet them they get the permit. This type of business is licensed by the State and she stated she would hesitate to place restrictions, as this is a State regulated industry. Kelzenberg stated that the pertinent questions were asked at the Planning and Zoning Commission meeting. It is a conditional use permit and can be withdrawn if they do not follow the conditions. Nawrocki asked what the conditions were that staff did not agree with. Sargent stated there were neighborhood concerns of the type of people that could be there. Peterson referred to State requirements for the business license, which limits the business to six residents. Sargent stated the Council would also include the normal nine conditions of a conditional use permit. Charles Lawrence, husband ofthe licensee, stated his wife's goal to help people in need. He indicated her college degree and background. He stated the desire of this building is that it has six bathrooms and that there is only has one assisted living facility in Columbia Heights. Nawrocki asked if they currently have an operating facility. Lawrence stated that the tacility he visited is their office and is not currently staffed full time. They have a site in Moundsview that was a transitional housing facility and is being changed to an assisted living facility. Nawrocki stated that that he would not support the resolution. The facility should possibility be limited to seniors. Peterson stated that youth could also need assisted living. Jim Hoeft, City Attorney, stated that we currently have an assisted living facility with no problems. The owner is licensed through the state and the state would require their conditions be met. Lawrence indicated that the State would have to approve this facility before it could open. Kelzenberg asked if there would be an elevator installed. Lawrence indicated yes. Bill Bums, 4039 University, stated there are six bedrooms upstairs without handicapped accessibility. He felt it would cost them a lot for an elevator and handicap van. He asked that the license be held until the building is up to par. Diehm stated that the permit is conditioned upon doing these things and meeting all state guidelines. If the conditions are not met in one year the permit expires. City Council Minutes August 14,2006 Page 9 of 25 Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution 2006-103, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to approve Resolution No. 2006-103, approving a Conditional Use Permit for an Assisted Living Facility located at 4025 University Avenue, subject to the conditions stated in the Resolution. Nawrocki questioned what the conditions are. Diehm read the conditions from the resolution. Nawrocki stated that we don't know what the operation will be; only what they are saying. They can not show an example of where they have this kind of operation. Diehm stated that there are no guarantees with conditional use pennits. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson aye. 4 ayes - 1 nay. Motion carried. RESOLUTION NO. 2006-103 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR ERENAS, INC. WHEREAS, a proposal (Case #2006-0802) has been submitted by Helen Nwameme of Erenas, Inc. to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 4025 University Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.109 (G)(3)(i), to allow an assisted living facility in the R-3, Limited Multiple-Family Residential District. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on August 8, 2006; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: I. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar vear after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All required state and local codes will be met and in full compliance. 2. All required state and local licenses will be obtained prior to the operation of the business. 3. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. City Council Minutes August 14,2006 Page 10 of25 4. No more than six (6) residents shall reside at the premises at any given time. 17. Adopt Resolution No. 2006-114, being a Resolution authorizing tall grass and weed abatement charges Nawrocki questioned the payment amount to the contractor. Hansen stated last year it was $45 per man- hour. Crew size varies with different lots and the average fee is over $100. Nawrocki questioned if this adds a $30 processing fee. Hansen stated that reference was to demonstrate the cost of the program and inspections, which averages to about $30 per lot. This request is for a minimum payment of two hours or $120 per hour. Hansen stated that fees since 1992, with a two hour minimum, are $50 per hour. Nawrocki asked if the $30 is in addition to the $60 per hour. Hansen stated no. If the job takes more than two hours, the resident would be charged as such. He stated that offenders tend to repeat and we do not want to be in the grass cutting business. Nawrocki again asked ifthe $120 includes the $30. Hansen stated yes. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No.2006-114, there being ample copies available to the public. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-114, being a Resolution authorizing tall grass and weed abatement charges using the rate of $60 per hour plus tax, with a minimum of two (2) hour charged per abated property. Upon vote: All ayes. Motion carried. Nawrocki indicated the need to cut grass on the service road on the east side of University Avenue from 40th to 53rd. Hansen stated that it would be cut again. Nawrocki stated that the vacant land north of 5035 University Avenue also needs to be cut. RESOLUTION NO. 2006-114 BEING A RESOLUTION ESTABLISHING THE CITY OF COLUMBIA HEIGHTS TALL GRASS AND WEED ABATEMENT CHARGES WHEREAS, the City of Columbia Heights has adopted City Code Chapter 4, Article II, Section 4.203 pertaining to tall grass and weed removal and, WHEREAS, the City of Columbia Heights has the responsibility to enforce the City Code, r~O\V, THEREFORE, BE IT RESOLVED that the City of Columbia Heights adopts Tall Grass and -\"Veed Abatement charges, using the rate of $60 per hour, plus tax, with a minimum of two (2) hours charged per abated property. PUBLIC HEARINGS A) Adopt Resolution No. 2006-105, being a Resolution for Rental Housing License Revocation at 1153-55 Cherry Lane Fire Chief Gary Gorman stated this property had five violations, with only two remaining. Mayor Peterson asked if anyone was present to represent the property. There was not. Motion by Diehm, second by Williams, to close the public hearing and waive the reading of Resolution No. 2006-105, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution No. 2006-105, 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 Craig Wilson regarding rental property at 1153-55 Cheery Lane N.E. Upon vote: All ayes. Motion carried. City Council Minutes August 14,2006 Page I] of25 RESOLUTION 2006-105 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 Craig Wilson (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1153-55 Cheery Lane N.E., 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 July 13,2006 of an public hearing to be held on August 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 June 1, 2006, 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 July 13, 2006, inspectors for the City of Columbia Heights, reinspected the property and noted three violations remained uncorrected. A statement of cause was mailed via mail to the owner at the address listed on the rental housing license application. 3. That on August 7,2006, inspectors for the City of Columbia Heights, performed a final inspection at 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. 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. Exterior 1155. Shall scrape and paint the front door trim, peeling badly. ii. 1155 - Exterior. Shall scrape and paint all lower windows. 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 111 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 F7619 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. 2006-106, being a Resolution for Rental Housing License Revocation at 1336-38 43Yz Avenue Gorman stated this property is vacant and neither the license application nor fees were submitted. Nawrocki questioned why they would need a license. Hoeft stated that ifhe wants it as a rental property he must comply. Mayor Peterson asked if anyone was present to represent the property. There was not. Motion by Diehm, second by Kelzenberg, to close the public hearing and waive the reading of Resolution No. 2006-106, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2006-106, 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 Ismael Omer regarding rental property at 1336-3843-1/2 Avenue N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2006-106 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article City Council Minutes August ]4,2006 Page 12 of25 IV, Section 5A.408(A) of that certain residential rental license held by Ismael Orner (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1336-1338 43-l/2 Avenue 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 July 10, 2006 of an public hearing to be held on August 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 15, 2006, 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 July 10, 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 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 F7261 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. 2006-107, being a Resolution for Rental Housing License Revocation at 3807 Pierce St. Gorman stated during regular inspection there were a large number of violations and the owner has made no improvements. Mayor Peterson asked if anyone was present to represent the property. There was not. Motion by Kelzenberg, second by Diehm, to close the public hearing and waive the reading of Resolution No. 2006-107, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2006-107, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Christopher Decker regarding rental property at 3807 Pierce Street N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2006-107 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Christopher Decker (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3807 Pierce 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 July 12, 2006 of an public hearing to be held on August 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 June 6, 2006, inspectors for the City of Columbia Heights, inspected the property described above and noted eight City Council Minutes August 14,2006 Page 13 of25 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 July 12, 2006, inspectors for the City of Columbia Heights, reinspected the property and noted eight violations remained uncorrected. A statement of cause was mailed via mail to the owner at the address listed on the rental housing license application. 3) That on August 8, 2006, inspectors for the City of Columbia Heights, performed a final inspection at 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. 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 soffit falling off the structure on the west side. 11. Shall replace all/any missing storm windows. 111. Shall repair the rotting siding on the house. IV. Shall repair all/any broken windows on the house. v. Shall paint all/any unpainted areas of siding on the house. VI. Shall cut/trim all/any scrub growth on the property. Vll. Shall install proper ladders in egress window wells to allow exit from window/well area. V1l1. Shall remove all/any outside storage from the property. Shall store in shed or garage. Items include, BUT NOT LIMITED TO; 1. DRYER 2. BUILT RITE LAYING ALL OVER IN THE YARD 3. OLD BBQ GRILL 4. WOOD 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 F7783A 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. D) Adopt Resolution No. 2006-108, being a Resolution for Rental Housing License Revocation at 4002-04 Reservoir Blvd. Gorman stated that the owner has failed to submit the application and fees. Mayor Peterson asked if anyone was present to represent the property. There was not. Motion by Williams, second by Kelzenberg, to close the public hearing and waive the reading of Resolution No. 2006-108, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-108, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Mildred Bloomer regarding rental property at 4002-4004 Reservoir Blvd. N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2006-108 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 Mildred Bloomer (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4002-4004 Reservoir Blvd. N.E., 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 July 10, 2006 of an public hearing to be held on August 14,2006. City Council Minutes August 14,2006 Page 14 of25 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 L That on May IS, 2006, 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 July 10, 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 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 F710S 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. 2006-109, being a Resolution for Rental Housing License Revocation at 4637 Pierce Street Gorman stated that the owner failed to schedule the inspection and submit the license paperwork. Penny Gray, 1419 Parkview Lane, referred to the trash in the back and overgrown weeds and stated she is tired of the problems at this property. Nawrocki stated that the adjacent houses at 4631-33 Pierce have TV's out back, and around the comer on 47th there are also TV's or computer items. There are weeds adjacent to fence lines in the area. He suggested at the last meeting that the manager go out and check these properties before the meeting. Peterson asked the attorney if an abatement could be added. Hoeft stated no. Gorman stated that we have not done a property inspection, as they were not to that part of the procedure yet. Peterson asked that it be inspected. Nawrocki stated that at 4524 Monroe there are weeds in the front and back and at 4528 Monroe there are three cars without current license tables, along with brush in the back yard. Motion by Williams, second by Kelzenberg, to close the public hearing and waive the reading of Resolution No. 2006-109, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-109, 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 Alnajjar Shacker regarding rental property at 4637 Pierce Street N.E. RESOLUTION 2006-109 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 Alnajjar Shacker (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4637 Pierce Street N.E., 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 July 10, 2006 of an public hearing to be held on August 14,2006. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City City Council Minutes August 14, 2006 Page 15 of25 Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on May 15, 2006, 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 July 10,2006, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by 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 schedule a rental 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 5il..303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7855 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. 2006-110, being a Resolution for nuisance and approving abatement at 4349 ih Street Gorman stated the property was rental, which is now owner occupied and so the procedure has changed to abatement mode for scrub weeds. There are other items on another time table at this point. Mayor Peterson asked if anyone was present to represent the property. There was not. Motion by Ke1zenberg, second by Williams, to close the public hearing and waive the reading of Resolution No. 2006-110, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Ke1zenberg, second by Williams, to adopt Resolution No. 2006-110, a resolution of the City Council ofthe City of Columbia Heights declaring the property at 4349 7th Street N.E. 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 2006-110 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 If a Umar & Najat Ibrahim (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4349 7th 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 regular mail to the owner of record on July 20, 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 June 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 that we have on file. 2. That on July 20, 2006, inspectors reinspected the property listed above. Inspectors noted the one violation remained uncorrected. A compliance order and statement of cause was mailed via mail to the owner listed in the property records. 3. That on August 4,2006, 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 scrub growth/weeds/ from the east and south sides of the property. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this City Council Minutes August 14, 2006 Page 16 of25 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 4349 7th 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 4349 7th 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 shaH 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 G) Adopt Resolution No. 2006-111, being a Resolution for nuisance and approving abatement at 4701 University Avenue Gorman stated this is for replacement of missing and damaged siding on the garage. Mayor Peterson asked if anyone was present to represent the property. There was not. Motion by Williams, second by Kelzenberg, to close the public hearing and waive the reading of Resolution No. 2006-111, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-111, a resolution of the City Council of the City of Columbia Heights declaring the property at 4701 University Avenue N.E. 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 2006-111 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 John Mlay (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4701 University Avenue N.E. 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 regular mail to the owner of record on July 17, 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 June 14, 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 that we have on file. 2. That on July 17, 2006, inspectors reinspected the property listed above. Inspectors noted the one violation remained uncorrected. A compliance order and statement of cause was mailed via mail to the owner listed in the property records. 3. That on August 7, 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/replace the missing/damaged siding on the garage. 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 4701 University Avenue N.E. 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. City Council Minutes August 14,2006 Page 17 of25 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 4701 University Avenue N.E. 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 H) Adopt Resolution No. 2006-112, being a Resolution for nuisance and approving abatement at 3904 Polk Street Gorman stated this is a requirement to scrap and paint. Mayor Peterson asked if anyone was present to represent the property. There was not. Motion by Williams, second by Kelzenberg, to close the public hearing and waive the reading of Resolution No. 2006-112, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-112, a resolution ofthe City Council of the City of Columbia Heights declaring the property at 3904 Polk Street N.E. 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 2006-112 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 Charles Severson (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3904 Polk Street N.E. 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 regular mail to the owner of record on July 18, 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 I. That on June 6, 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 that we have on file. 2. That on July 18, 2006, inspectors reinspected the property listed above. Inspectors noted the one violation remained uncorrected. A compliance order and statement of cause was mailed via mail to the owner listed in the property records. 3. That on August 8, 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 scrape or paint the garage. 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 3904 Polk Street N.E. 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 3904 Polk Street N.E. 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. City Council Minutes August 14,2006 Page 18 of25 4. That all service provided for herein shall be in accordance with Minnesota Statute 483.17, subd. 2 I) Adopt Resolution No. 2006-113, being a Resolution for nuisance and approving abatement at 4752 4th Street Gorman stated this is for siding on the rear of the house that has damaged comers and trim work. Mayor Peterson asked if anyone was present to represent the property. There was not. Motion by, Diehm, second by Williams, to close the public hearing and waive the reading of Resolution No. 2006-113, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution No. 2006-113, a resolution of the City Council of the City of Columbia Heights declaring the property at 4752 4th 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 2006-113 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 Dallas O. Johnson (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4752 4th Street N.E. 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 regular mail to the owner of record on July 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 l. That on June 1, 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 that we have on file. 2. That on July 13, 2006, inspectors reinspected the property listed above. Inspectors noted the three violations remained uncorrected. A compliance order and statement of cause was mailed via mail to the owner listed in the property records. 3. That on August 7,2006, 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 finish installing siding on the rear of the house. Shall install matching siding where there is no siding now. b. Shall install siding comers to cover the missing comers on the garage. c. Shall paint the bare metal on the trim on the north and south side of 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 l. That the property located at 4752 4th Street N.E. 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 4752 4th Street N.E. 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 City Council Minutes August J 4, 2006 Page 19 of25 Other Business - Approve ballot language for Charter Commission Referendum item for the 2006 General Election. Hoeft stated that the Charter Commission will place this on the election ballot this fall to have the city on a ward system and add two councilmembers. It is the council's requirement to approve the wording for the ballot. A proposed draft was discussed at the work session where several Charter Commission members were present. The corrected wording is presented for approve. Hoeft read the working. Mr. Strudevant and Ms. Korday of the Charter Commission present stated that they agreed with the wording. Nawrocki felt the wording should have been approved by the entire Charter Commission. Ms. Korday stated they were. Motion by Diehm, second by Kelzenberg, to approve the ballot language for the 2006 general election Charter referendum to read: Shall the home rule charter of the City of Columbia Heights be amended to establish a four ward, two at-large council member system of representation by creating two additional council member positions, with the transition schedule of one council member elected from each ward in 2008 and two council members elected at-large in 2010. Upon vote: All ayes. Motion carried. Addition 2007 Budget Fehst stated this would be on the August 29th work session. Nawrocki asked the amount of tax increase or decrease. Fehst stated the recommendation would be a cost of living increase. One-half of our increase is for our safety personal. Nawrocki stated his understanding that we would receive rather than lose funding, so there would not need to be an increase. Fehst stated that is why this would be brought to Council for review to set the levy by December. Nawrocki referred to last year's indication that the increase would be four percent and it was ten percent for some people. Motion by Nawrocki that the City Manager take one-half hour at each meeting, under the presentation portion, until the levy is set to explain parts ofthe budget so the general public can understand what is being proposed. Williams seconded the motion for discussion. Fehst stated the budget is not mysterious. 90 percent is fire and police funding. 45 percent are personnel costs. The majority of the budget is service oriented. Fehst described positions that have not been filled to reduce the budget. Local city government aid has been reduced annually. We have received good news. The first part ofthe year we thought we would lose and additional $337,000 dollars in aid. We may now received aid this year. We settled with personnel on a three percent increase and increases to insurance. We do not pay insurance costs for retirees. If you want to maintain personnel, you need to maintain a cost of living increase. Fehst explained that last year, with the State formula, 23 of our businesses had tax reductions or limited increases. Therefore, he stated reluctance to give misinformation. There is a State law requiring a Truth and Taxation hearing where the Council decides the levy amount. Last year we asked for four percent in revenue, which related to some increases and some decreases in resident's taxes. It is called an Ad V olorum tax because it is based on property value. If your property value decreases, your tax could decrease. There are many budget meetings where everyone is welcome. Williams stated that they County tax could also cause the increase in taxes. Fehst referred to added County costs, which result in increased County taxes and the school referendum which increased taxes. Fehst stated he would answer questions as they come up. Nawrocki stated that the State has shifted some amounts from commercial to residential, but residents need to plan and budget accordingly. He stated he was referring only to the City portion of the tax bill. Nawrocki stated that in preparation of the budget this year staff had already considered the state aid loss. Fehst stated that would have resulted in the removal of police, fire, and other personnel. Nawrocki indicated cost saving City Council Minutes August ]4,2006 Page 20 of 25 measures could be: seek bids for city attorney. Funds could have been saved by not approving lap top computers for Councilmembers, lighting at Prestemon Park, and sale of property to Sarna. Peterson referred to the adopted Rules of Decorum, that once a decision is made to go on. Nawrocki referred to the sign at the Sarna property and referred to the number of ongoing consultant contracts. Diehm called for Point of Order. She restated the motion. Kelzenberg stated that he felt this motion would not be necessary. Williams suggested inviting County Commission Jim Kordiak to explain the county tax portion. Peterson stated that the City Manager explains the budget at the budget meetings and the Truth in Taxation meeting. He suggested the City Manager could record a one-half hour cable program twice a month to address all things affecting the City, as he does to discuss the council meetings. The cable channel can use more programs. Nawrocki stated his intent is to give budget discussion time like other things are given. Upon vote: Kelzenberg, nay; Williams, nay; Diehm, nay; Nawrocki, aye, Peterson, nay. 4 nays - 1 aye. Motion failed. Diehm stated that in this budget cycle, first time she has seen, we have a number of houses in our community where the estimated market value is decreasing, and those will have a tax decrease, so we will have a change. y you can look at an average. We should be comfortable with what we are spending our money on. proposed activity center Nawrocki questioned the results ofthe questionnaire from the activity center meeting. Fehst stated that the results were not yet available, but would be presented when they were. Nawrocki referred to resident comments that they would be forced to pay for this and that there should be a referendum vote for two gyms. This has now grown to many other options and a suggestion from the School District to add gyms to their pool area. They would pay 3.5 to 4 million and the city's share in that proposal would be $1.6 million. He has told people that what the schools propose makes sense, but if it goes beyond this it should go to a vote. Motion by Nawrocki to establish the policy that any activity center proposal that would cost the city more than $1.6 million dollars would be subject to a referendum vote of the citizens of the community. Diehm stated that is premature and did not feel comfortable with the election in November making that decision for future councils. After seeing the committee's proposal Council should discuss it, but we are not prepared to do that tonight. Peterson stated that we had an agreement to follow this process through and stay neutral until 2007. He stated an interest in the school plan, but the committee is working with the School Board. We have a committee of 36 people, with Pastor Dan Thompson in charge, working on this. The understanding was to let them bring a recommendation to us. Williams stated his agreement with Mayor Peterson and Councilmember Diehm. City Council Minutes August] 4, 2006 Page 2] of25 Nawrocki there is an election coming up, people should know what council members think before that. Peterson we made a decision to go through a process and it would be unfair to the committee to do that now. We should not change the rules mid stream. Williams recommended that council members stay away from meetings. Let residents go to the meetings and be heard. We vowed that we would not be involved. Fehst stated that the criticism ofthe last referendum was that it was staff driven. The purpose was for this to be citizen driven. Peterson stated that due to lack of a second, the motion failed. ADMINISTRATIVE REPORTS Report of the City Manager Fehst reference the understanding that the garbage hauler would take computers or televisions, but there was a misunderstanding. BFI/Allied has to pay $15 to get rid of them and $10 to have them picked up. State law requires this because of lead in the products. Diehm suggested a citizen drop off once or twice a year, like the fluorescent light event, which could cut the pickup cost. Nawrocki questioned the power outages discussed at prior meeting. Fehst stated that the transformer in that area was replaced. Nawrocki stated that he received the list of open contracts. He questioned the architect for the public works building additions. Fehst stated that it was on a percentage basis. Nawrocki stated he is still looking for the list of fund numbers. There are still truck toppers in the back yard on the 4100 block of Jefferson. F ehst stated that 51 st and University is checked weekly and given citations for cars stored outside and that Sargent is working with them for way to have tire storage. They are taxpayers and we are working with them to clean it up. It may include putting up a privacy fence. Nawrocki stated they are working on cars at 4141 Jefferson. Report of the City Attorney - none CITIZENS FORUM Roger Strom. 690 47lh A venue, stated that a resident in the street reconstruction area was required to pay for his own shutoff valve. Fehst stated that everything from the main line to your home is your responsibility. This is an ongoing policy. Fehst indicated that if people are having problems paying utility bills, they should contact us for payment terms, rather than being shut off. Hoeft stated that if the contractor exposes lines with lead fittings state law requires they can not be covered until replaced. Strom questioned the Taco bell property. Fehst stated that Taco Bell is looking to build a new building and a coffee shop. Nawrocki stated that he indicated to the Taco Bell owners their need to clean up the car wash site. Jeff Diehm, 5125 St. Morietz, spoke of tax benefits and a property owner's hope for yearly appreciation to their property. Homes are nonnally our largest investment, and if we lose five percent ofthe value, that could be a loss of$10,000. Property taxes are for the infrastructure of the city, which directly affect the appreciation or deprecation of our home. We forget what if the City does not spend enough to support the infrastructure and to keep this a great place to live our home values will decrease. Diehm referred to the improvements to the K-mart and industrial area sites, and the need to improve the Burger King site. The view by potential homeowners is much improved with Grand Central Lofts and Huset Parkway. He stated that he would pay ten percent more in City Council Minutes August 14,2006 Page 22 of 25 taxes ifit would improve the marketability of our city. It is the responsibility of this Council to see that property values continue to increase. COUNCIL CORNER Kelzenberg . Congratulate the police and fire softball team on beating the post office team. . Enjoyed the MoonShoe Players theater. Took his mother to the show. . National Night Out - thanked our citizens for participating - even ifthere was rain. . Thanked those that dunked him at the Immaculate Conception Church fun fest. . There will be a fundraiser, organized by CliffShedlov, on Wednesday, September 13 for a Northeast Bank employee with leukemia. Williams . The 2nd annual charity golftournament will be this Friday. Proceeds to the Columbia Heights Activity Fund, the Cancer Society and the Breast Cancer Walk. A Polaris four-wheeler will be raffled off. . Stated his agreement with Mr. Diehm. There is also the possibility to obtain a reverse mortgage. . On the water line - a line in St. Louis Park he had to replace it to the middle of the street. . Residents were told that if they have lead water service lines they would have to pay for it. . Pray for unity and peace in our city. Peterson . The value of the four-wheeler is $7,200, with proceeds to the Columbia Heights Activity Fund. . Totaling the clock tower, it paid for itself. The clock and installation were over $40,000. The only bill left is for the electrician. . Last week the Activity Fund bought a piano for Murzyn Hall. . The budget process is important to everyone, but it is only money. In the last six months has more funerals than he cares to admit, including young people. He also has a daughter walking the 60 mile cancer walk, as is Missy Lee from the School Board. Each walker raising $2,200. Cancer touches us all at some point. . Life is precious; we should love more and hate less. . Don't take ourselves too seriously, do a random act of kindness. Diehm . At National Night Out residents were concerned with safety. Reminded residents it is O.K. to call 911. Any report can be called to 911. . Our library is taking applications for Library Pages. Gave the pay range and information may be obtained at the library or on our web site. . In July SACA helped 414 families, 237 were from Columbia Heights. They need our support continually. In Sept SACA will celebrate their 30th anniversary. More information will follow. Look for ways to support your local food shelf. Nawrocki . Suggested inviting Tammi Lee to speak at a Council meeting and others that may wish to speak. . Appreciates when property values appreciate. His home, built originally for $37,000, is now assessed at $250,000 - but that does not help buy groceries. Many factors go in to the value of a home; city services, taxes, and distance to work. Remember the large number of senior citizens in our community. Williams referred to realtor not wanting to sell a certain home because it was considered to dangerous of an area. We will not tolerate crime. We need to maintain a strong police force. City Council Minutes August 14, 2006 Page 23 of 25 Peterson indicated that Dave Mahoney has submitted his resign from Telecommunications Commission. Anyone interested in serving may pick up an application at City Hall. Don't forget our young men and women in the service, - they deserve our support. ADJOURNMENT Mayor Peterson adjourned the meeting at 10:05 p.m. a~n'~l'n ~1n-C--'1'tz n~c L l,; a IV U::S 'UV , '-'IVl \ Deputy City Clerk/Council Secretary RESOLUTION NO. #2006-100 ADOPTING 2007 BUSINESS LICENSE FEE SCHEDULE WHEREAS: Ordinance No. 853, City Code of 1977, pertaining to commercial licensing regulations provides for the establishing of annual license fees; and WHEREAS: The City has participated in a survey of metropolitan municipalities regarding business license fees charged by other communities; and WHEREAS: The City is attempting to maintain business license fees which are comparable to other communities; and WHEREAS: The City annually reviews its business license fee schedule and has concluded that our fees are comparable to other communities in the metro area; 2007 BUSINESS LICENSE FEES Effective January 1, 2007 through December 31, 2007. CATEGORY FEES ARTICLE SECTION Arcades/Amusement Centers ($5,000 Bond/$l 00 Inv.Fee) (PD) $500 IV 11 Auto Recycling Dealer/Junk Yard $500 II 2 ($1000 Bond) PD,FD, ZA Beer Sales (PD, BI, FI) V On Sale ($150 Inv. Fee 1st time appl.) $400 Off Sale ($150 Inv. Fee 1st time appl. $150 Temporary Beer (per day basis) $100 ($500 Appl. Fee; $150 Investigation Fee) Carnivals ($500 deposit & insurance) (PD) $50/day IV 8 Christmas Tree Sales (FI) (P&Z Comm) $50 II 6 ($200 Clean-up Deposit) Cigarettes/Tobacco Sales (S&H) $300 III 2 Contractors (Bond and Insurance) $60 IV 7 General (if not licensed by State) $60 Blacktop $60 Excavator $60 Masonry/Concrete $60 Moving $60 Demolition $60 City Council Minutes August 14,2006 Page 24 of 25 Plaster/Stucco $60 Heating/Cooling $60 Gas Piping $60 Plumbing $60 Sign Installation $60 Courtesy Benches (Insurance)(Eng. Dept.) $25/each III 3 Games Of Skill (PD) $15/Location IV 4 Plus $ 15/machine Kennels, Commercial (PD) $50 VI 9 Plus, per cage $10 Intoxicating Liquor Sales (PD, Fl, BI) Class A (Inv. Fee $500-$2000) $8,000 Class B (Inv. Fee $500-$2000) $6,500 V 3 Class C (Inv. Fee $500-$2000) $6,500 V 3 Class D (Inv. Fee $500-$2000) $8,000 V 3 Class E (Inv. Fee $500-$2000) $5,500 V 3 On Sale Wine (Inv. Fee $500-$2000) $2,000 V 4 Sunday On-Sale Liquor $200 V 6 Temporary On Sale (Inv. Fee $500-$2000) $100/day V 10 "Club On Sale Liquor (Inv. Fee$500-$2000) Per membership V 2 up to 200 members $ 300 201 to 500 members $ 500 501 to 1,000 members $ 650 1,001 to 2,000 members $ 800 2,001 to 4,000 members $1,000 4,001 to 6,000 members $2,000 Over 6,000 members $3,000 Massage Therapist Business (PD,ZA) $500 VI 12 ($250 Investigation Fee) Massage Therapy, Individual (PD, ZA) $100 VI 12 ($250 Investigation Fee) Motor Vehicle Fuel Dispensing Stations (FI) II 9 First Metering Device $50 Each Add'L Metering Device $10 L.P. Gas Per Metering Device $50 Motor Vehicle Rental/Leasing (ZA) VI 4 A. New Application $75 B. Renewal Application $50 Motor Vehicle Sales (New & Used) (PD) $300 II 7 Pawnbroker ($5,000 Bond/$100 Inv.Fee) (PD) $12,000 II 4 Pet Shop (PD)(Humane Officer) $50 VI 9 Pool/Billiard Hall ($100 Inv. Fee) (PD) $100 IV 2 Popcorn, Candy, Food Catering Vehicles (PD) $50 VI 8 (Insurance - Public & Vehicle Liability) Precious Metal Dealers ($5,000 Bond)(PD) II 4 ($100 Investigation Fee) New Applicant $300 Renewal $200 City Council Minutes August 14,2006 Page 25 of 25 Secondhand Merchant Business ($5,000 Bond) (Investigation Fee $100) (PD, FI, BI) Exhibition/Convention/Shows/Expos($ 5,000 Bond) First Day Each Additional Day $100 II 4 II 4 $50 $10 Sexually Oriented! Adult Business (PD,FI,ZA,AC) (Investigation Fee $500-$10,000) $10,000 VI 13 Peddlers/Solicitors & Transient Merchant (PD) A. Itinerant Hawker/Peddler B. Transient Merchant II $50/day; $100/mo.; $500/yr. $50/day; $100/mo.; $500/yr. 3 Tree Removal & Treatment (Ins.) (PWD) $60 VI 10 LATE PENALTY ON ALL ANNUALLY RENEWABLE FEES 1- 15 DAYS LATE 16-30 DAYS LATE OVER 30 DAYS LATE 25% PENALTY OVER ORIGINAL FEE 50% PENALTY OVER ORIGINAL FEE LEGAL PROCEDURES BEGUN. DEPARTMENTS RESPONSIBLE FOR APPROVAL OF LICENSE PD Police Department FI BI Building Inspector PWD S&H Safety and Health Inspector CF ZA Zoning Administrator AC Fire Department Public Works Dept City Forester Anoka County All New Licenses Must Have Zoning Administrator's Approval. NOW, THEREFORE, BE IT RESOLVED that this license fee schedule be adopted and effective January 1,2007.