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HomeMy WebLinkAboutAugust 28, 2006 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING AUGUST 28, 2006 CALL TO ORDER/ROLL CALL/INVOCATION The meeting was called to order by Mayor Gary Peterson at 7:00 p.m. Present: Mayor Peterson, Councilmember Williams (tardy), Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg The invocation was given by City Manager Walt Fehst. PLEDGE OF ALLEGIANCE. - recited ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki requested the budget be presented along with recent actions of the EDA: purchase of the Mady's property on Central Avenue and purchase of part of the old Apache theater property for a liquor store. Peterson stated that the City Manager would cover the budget and levy under his report and suggested he cover the purchases under his report also. Mayor Peterson added Columbia Heights Athletic Boosters Club and a thank you letter from the Recreation Department under recognition. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS Recognition Peterson read a letter from the Recreation Department thanking various groups for their support. He listed funds donated by the Columbia Heights Boosters Club from their operations. These members are all volunteers. He also listed items donated to community groups and youth groups. Peterson stated his pride in this group and all of our organizations that donate to our city. Nawrocki stated that the VFW also donates thousands of dollars to various groups. We should also thank the taxpayers that provide services for our recreation program. CONSENT AGENDA Walt Fehst, City Manager, took Councilmembers through the consent agenda. I) Approve City Council Meeting Minutes for August 14, 2006, Regular City Council Meeting Motion to approve the minutes of the August 14,2006, regular City Council meeting as presented. 2) Accept Planning and Zoning Commission Meeting Minutes of August 8, 2006 Nawrocki stated that their meeting started with the City Planner lecturing the commission members on their responsibilities. He referred to the comprehensive plan and design guidelines discussion. Nawrocki stated that there are discrepancies in the way we treat people with planning applications in this city. The Taco Bell group asked for a parking and sign variance. Those variances were given to Sarna's Bar and Grill. Motion to approve the minutes of the Planning and Zoning Commission meeting of August 8, 2006 3) Establish Date for Public Special Assessment Levy Hearing for Three Proiects: Huset Parkway, Zone 7B and lA of the Street Rehabilitation Program, and Zone lA Seal Coat Program for Monday, October 2, 2006, at 6:00 p.m. in the Council Chambers. Nawrocki asked if this is for all the work done this summer. Kevin Hanson, Public Works Director, stated that it was. City Council Minutes August 28, 2006 Page 2 of 26 Motion to establish Monday, October 2,2006, at 6:00 p.m. as the Public Special Assessment Levy Hearing for City Project #0404 Huset Parkway Project, to be held in the City Council Chamber. Motion to establish Monday, October 2, 2006, at 6:30 p.m. as the Public Special Assessment Levy Hearing for City Project #0601 Seal Coat Project, to be held in the City Council Chamber. Motion to establish Monday, October 2,2006, at 7:00 p.m. as the Public Special Assessment Levy Hearing for City Project #0502, Zone 7B and IA Street Rehabilitation, to be held in the City Council Chamber. 4) Re-Issue Rental Housing License to Craig A. Wilson at 1153-55 Cheery Lane N.E. Motion to issue a rental housing license to Craig A. Wilson to operate the rental property located at 1153-55 Cheery Lane N.E. in that the provisions of the residential maintenance code have been complied with. 5) Approve the Items Listed for Rental Housing License Applications for August 28, 2006 Motion to approve the items listed for rental housing license applications for August 28, 2006. 6) Approve Business License Applications for August 28, 2006 Motion to approve the items as listed on the business license agenda for August 28, 2006, as presented. 7) Approve Payment of Bills Covering Check Number 118238 through 118418 in the amount of $1,219,831.92. Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 118238 through 118418 in the amount of $1 ,219,831.92. Motion by Nawrocki, seconded by Diehm, to approve the Consent Agenda items as presented. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A) Adopt Resolution No. 2006-115, Approving Rental Housing License Revocation at 1100 39th Avenue N.E. Fire Chief Gary Gorman stated there is one violation left from the inspection. Mayor Peterson asked if there was anyone present to represent this property. There was not. Motion by Kelzenberg, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2006-115, there being ample copies available to the public. Upon vote: All Ayes. Motion carried. Motion by Kelzenberg, seconded by Diehm, to adopt Resolution No. 2006-115, 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 Steven Efterfeld regarding rental property at 1100 39th Avenue N.E. Upon vote: All Ayes. Motion carried. RESOLUTION 2006-115 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 Steven Efterfeld (Hereinafter "License Holder"). City Council Minutes August 28, 2006 Page 3 of 26 Whereas, license holder is the legal owner of the real property located at 1100-02 39th Avenue N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SAA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on August 3,2006 of an public hearing to be held on August 28, 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 28, 2006, inspectors for the City of Columbia Heights, inspected the property described above and noted three 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 August 3, 2006, inspectors for the City of Columbia Heights, reinspected the property and noted one violation 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 18, 2006, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted one violation remained uncorrected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: a. Failure to correct RMC violations. The violations are as follows; i. Shall have a licensed electrician provide an electrical outlet for the dryer, the dry must plug directly into the outlet. 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 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 F780S 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. 2006-116, Approving Rental Housing License Revocation at 4228 Sth Street N.E. Gorman stated this was for two violations and their license application has not been submitted. We believe the property is vacant. Nawrocki indicated there are weeds and tall grass in the back yard. Mayor Peterson asked if there was anyone present to represent this property. There was not. Motion by Diehm, seconded by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-116, there being ample copies available to the public. Upon vote: All Ayes. Motion carried. Motion by Diehm, seconded by Williams, to adopt Resolution No. 2006-116, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental license held by Robert Barron regarding rental property at 4228 Sth Street N.E. Upon vote: All Ayes. Motion carried. RESOLUTION 2006-116 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Robert Barron (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4228 Sth Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SAA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on July 26, 2006 of an public City Council Minutes August 28, 2006 Page 4 of 26 hearing to be held on August 28,2006. 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 21, 2006, inspectors for the City of Columbia Heights, inspected the property described above and noted one violation. 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 26, 2006, inspectors for the City of Columbia Heights, reinspected the property and noted one violation 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 22, 2006, inspectors for the City of Columbia Heights, performed a [mal inspection at the property and noted one violation remained uncorrected. A statement of cause was mailed via certified mail to the owner at the address listed on the rental housing license application. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: a. Failure to correct RMC violations. The violations are as follows; i. Shall remove stump on north side of property near the alley. Must be ground down to 6 inches below grade and then filled in. ii. Failure to submit a rental license application for annual renewal. 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 F7402 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. 2006-117, Approving Rental Housing License Revocation at 4600 Polk Street N.E. Gorman stated that the owner failed to submit the license application. Mayor Peterson asked if there was anyone present to represent this property. There was not. Motion by Williams, seconded by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-117, there being ample copies available to the public. Upon vote: All Ayes. Motion carried. Motion by Williams, seconded by Kelzenberg, to adopt Resolution No. 2006-117, 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 Mark Lee regarding rental property at 4600 Polk Street N.E. Upon vote: All Ayes. Motion carried. RESOLUTION 2006-117 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 Mark Lee (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4600 Polk Street NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on August 8, 2006 of an public hearing to be held on August 28, 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 City Council Minutes August 28, 2006 Page 5 of 26 1. That on June 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 August 8, 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 F7306 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. 2006-118, Approving Rental Housing License Revocation at 4612 Polk Street N.E. Gorman stated this is for failure to submit an application and that we have received notice that the owner wants to sell the property. Nawrocki asked why we require a license if they do not rent the property. Gorman stated that we require the information for our records. Diehm asked if owners are informed that if the license lapses that property would be required to conform to code if they wish to re-license. Gorman stated they are informed of that. Mayor Peterson asked if there was anyone present to represent this property. There was not. Motion by Diehm, seconded by Williams, to close the public hearing and to waive the reading of Resolution No. 2006-118, there being ample copies available to the public. Upon vote: All Ayes. Motion carried. Motion by Williams, seconded by Diehm, to adopt Resolution No. 2006-118, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental license held by Marilyn Dalseth regarding rental property at 4612 Polk Street N.E. Upon vote: All Ayes. Motion carried. RESOLUTION 2006-118 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SAA08(A) of that certain residential rental license held by Marilyn Dalseth (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4612 Polk Street NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SAA08(B), written notice setting forth the cause sand reasons for the proposed Council action contained herein was given to the License Holder on August 8, 2006 of an public hearing to be held on August 28,2006. 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 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 August 8, 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 City Council Minutes August 28, 2006 Page 6 of 26 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 F7196A 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. 2006-119, Approving Rental Housing License Revocation at 4625 Tyler Street N.E. Gorman stated that this property has damaged fence, outside storage and graffiti. Williams asked if the graffiti has been removed as it is really bad. Gorman stated it has not. Greg Tyklen, 4625 Tyler, Unit #5 stated that occupants of this and the next property on the agenda are not able to reach the owner. He asked the process for the residents. Gorman stated that residents will receive a letter allowing them 60 days before vacation of the property is required. After that time the tenants and owner can be cited for occupying unlicensed property. This has never been done as we hope the problems are taken care of before the 60 days. Tyklen stated that residents are now holding their rent checks until the owner comes forth and fixes the problems. Peterson stated that if the owner does contact them, that they have the owner contact the Fire Department. Diehm stated that this motivates the owners to make the repairs so they do not lose the rent. Jim Hoeft, City Attorney, suggested residents to using legal options. Ushanda DeWolfun, 4625 Tyler, Unit #8, stated that she can not even live in the unit because of problems. The Building Official has posted the unit. She indicated that little was done when her basement flooded. The water was drained and bleach thrown on the floor, but nothing was fixed. Gorman stated that the Building Official would not let anyone in until the building is cleaned up. She stated that they wish to withhold their rent payments. Nawrocki stated that when you withhold rent, there is a legal process to follow. Motion by Nawrocki, seconded by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-119, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, seconded by Williams, to adopt Resolution No. 2006-119, Resolution ofthe 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 Salah Farghaly regarding rental property at 4625 Tyler Street N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2006-119 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 Salah Farghaly (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4625 Tyler 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 August 1, 2006 of an public hearing to be held on August 28, 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 29, 2006, inspectors for the City of Columbia Heights, inspected the property described above and noted City Council Minutes August 28, 2006 Page 7 of 26 four 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 August 1, 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 22, 2006, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted three 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 repair the cyclone fence where it is damaged. ii. Shall remove all/any outside storage from the property. Shall store in shed or garage. Items include, BUT NOT LIMITED TO; FAN 111. Shall remove graffiti from the building. 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 F7692 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. 2006-120, Approving Rental Housing License Revocation at 4633 Tyler Street N.E. Gorman stated this is the same owner as the previous property, with interior violations regarding water. He stated that it is not our intention to push renters out of their building, but if the owner does not repair the building it is the only choice. We just want the buildings fixed so people have a decent place to live. Diehm asked if we had contact with the owner. John Larkin, Assistant Fire Chief, stated that we will continue to attempt to contact him, but our mailings are being returned. Ernestine Spencer, 4633 Tyler, Unit #3, stated there is nothing wrong with her apartment, but no one is collecting their rent. Peterson stated the hope that these revocation proceedings will inspire the owner to make the necessary repairs. Gorman stated that residents can contact them for phone numbers for their legal rights. Angelic Lloyd, Unit #2, stated her unit has the water leakage. She asked the owner for infonnation showing that he owned the property. He produced a lease that did not look right. Following that he no longer came to the unit. There is flooding from one apartment to the next. She felt the owner would not fix the problems. Nawrocki asked the City Attorney if a lease is required when there are a certain number oftenants. Hoeft stated he would not give legal advice to tenants, but referred to common law leases. He suggested they contact resources of those willing to help them. Hoeft stated this is not relevant to our discussion. Nawrocki stated that there is infonnation available on tenants rights. Gorman stated that the Fire or Police Department have this book. Diehm stated there is a hot line called "Home Line" for tenants. She asked if we could, as part of our license, require that owners have a lease with their tenants. Hoeft stated that we can, but most cities do not. Diehm stated it would be another violation if owners did not have a lease. Diehm stated that we have a policy to reissue rental licenses, but after so many violations can we disallow further licensing. Hoeft stated it would be possible to adjust the fee on a sliding scale to deter licensing. City Council Minutes August 28, 2006 Page 8 of 26 Motion by Williams, seconded by Nawrocki, to close the public hearing and to waive the reading of Resolution No. 2006-120, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, seconded by Nawrocki, to adopt Resolution No. 2006-120, 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 Salah Farghaly regarding rental property at 4633 Tyler Street N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2006-120 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 Salah Farghaly (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4633 Tyler Street 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 August 3, 2006 of an public hearing to be held on August 28, 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 26, 2006, inspectors for the City of Columbia Heights, inspected the property described above and noted three 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 August 3,2006, 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 18, 2006, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted three 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 repair the leaking toilet upstairs. ii. Shall repair the leaking bathtub upstairs. 111. Shall repair the water damaged ceiling in the kitchen. 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 F7770 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. Diehm stated that the tenants are the unintended victims, and our intention is to have the landlord have a decent building so they have a decent place to live. G. Adopt Resolution No. 2006-121, Declaring Property at 1611 3ih Avenue NE a Nuisance and Approving Abatement of Violations Gonnan stated this is a duplex that is vacant. There is a violation list of six outdoor items. Mayor Peterson asked if there was anyone present to represent this property. There was not. City Council Minutes August 28, 2006 Page 9 of 26 Motion by Diehm, seconded by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-121, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, seconded by Kelzenberg, to adopt Resolution No. 2006-121, a resolution of the City Council of the City of Columbia Heights declaring the property at 1611 37th 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 2006-121 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 propert'j owned by Mohamed M. Essa (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1611 37th A venue 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 July 27, 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 10, 2006, an inspection was conducted on the property listed above. Inspectors found seven violations. A compliance order was sent via regular mail to the owner at the address. 2. That on June 15,2006, the owner applied for and received an extension oftime to complete the repairs. 3. That on July 27,2006, inspectors reinspected the property listed above. Inspectors noted the six violations remained uncorrected. A compliance order and statement of cause was mailed via mail to the owner listed in the property records. 4. That on August 21,2006, inspectors reinspected the property and found that six violations remained uncorrected. 5. 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 cut the grass both front and back. B. Shall remove brush pile. C. Shall finish painting house and windows. D. Shall repair all broken windows. E. Shall repair and paint garage doors F. Remove pile of bricks on the sidewalk going up to the steps. 6. 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 1611 3 7th 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. 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 1611 37th 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. 2006-122, Declaring Property at 1870 Fairway Drive N.E. a Nuisance and Approving Abatement of Violations Gorman stated this property abatement has six violations. We have talked to the family but the property is in probate. They have indicated that when the property is out of probate they will sell it. We will work with them following probate. City Council Minutes August 28, 2006 Page 10 of26 Peterson stated that even though it is in probate, the neighbors still have to put up with the problems. He asked that it be cleaned up even though it is in probate and assessed against the property. Nawrocki stated the property looks fine from the front. Gorman stated that we do try to work with the owners. Larkin stated that he expects a return call soon on this property. Peterson indicated they should be told that they still need to clean up. Gorman stated that we inspect backyards also. Mayor Peterson asked ifthere was anyone present to represent this property. There was not. Motion by Williams, seconded by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-122, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, seconded by Kelzenberg, to adopt Resolution No. 2006-122, a resolution of the City Council of the City of Columbia Heights declaring the property at 1870 Fairway Drive 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 2006-122 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 Beverly Ann Schaefer (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1870 Fairway Drive 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 certified and 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 8, 2006, an inspection was conducted on the property listed above. Inspectors found six violations. A compliance order was sent via regular mail to the owner at the address. 2. That on July 20,2006, inspectors reinspected the property listed above. Inspectors noted the six 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 22,2006, inspectors reinspected the property and found that six 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 repair the fence on the west side of the yard. Shall replace the missing sections offence. B. Shall remove alVany scrub growth from around the house and from around the yard. e. Shall scrape and paint the peeling paint on the fascia and soffit. D. Shall repair/replace/remove the lamppost in the front that is knocked over. E. Shall maintain the pool on the property, to county and state health standards. F. Shall remove all/any outside storage from the property. 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 1870 Fairway Drive 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 1870 Fairway Drive 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. City Council Minutes August 28, 2006 Page II of26 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 I. Adopt Resolution No. 2006-123, Declaring Property at 3946 2nd Street N.E. a Nuisance and Approving Abatement of Violations Gorman stated there are still four violations on this property. The owner stated his desire to tear down and replace the garage that we have given an extension on, but this requires other items be cleaned up. Mayor Peterson asked if there was anyone present to represent this property. There was not. Motion by Williams, seconded by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-123, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, seconded by Kelzenberg, to adopt Resolution No. 2006-123, a resolution of the City Council of the City of Columbia Heights declaring the property at 3946 2nd Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206 with items Band C removed from the resolution. Upon vote: All ayes. Motion carried. RESOLUTION 2006-123 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 Keith Englund (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3946 2nd 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 certified and regular mail to the owner of record on August 3, 2006. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on June 26, 2006, an inspection was conducted on the property listed above. Inspectors found five violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 3, 2006, inspectors reinspected the property listed above. Inspectors noted the four 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 18,2006, inspectors reinspected the property and found that four 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 paint the bare wood on the shed. B. Shall remove the scrub growth from around 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 3946 2nd 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 3946 2nd 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 City Council Minutes August 28, 2006 Page 12 of26 1. Adopt Resolution No. 2006-124, Declaring Property at 4141 Jefferson Street N.E. a Nuisance and Approving Abatement of Violations Gorman stated this is the property that had a fire in 2005. The abatement is for toppers in the back yard. In speaking with the Building Official, he stated there was desire to rebuild the house. It is not happening and may go into foreclosure. This is to clean up the yard. Peterson stated that there are cars and trucks in the driveway and on the street. Is this legal if you cannot live there? Hoeft stated it is allowed to park there if they are properly licensed and it is a hard surface driveway. It just must meet our ordinance. The owner has received several citations that are now in court. The police and fire departments are pursuing all avenues available to us. Nawrocki questioned repair of vehicles on the property. Hoeft stated that cannot be done and that they have been cited for this. Nawrocki stated there are vehicles in the back yard. Mayor Peterson asked if there was anyone present to represent this property. There was not. Motion by Nawrocki, seconded by Williams, to close the public hearing and to waive the reading of Resolution No. 2006-124, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, seconded by Williams, to adopt Resolution No. 2006-124, a resolution ofthe City Council ofthe City of Columbia Heights declaring the property at 4141 Jefferson 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 2006-124 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 Debra Langel (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4141 Jefferson 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 certified and regular mail to the owner of record on July 27,2006. 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 July 10, 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 July 27,2006, inspectors reinspected the property listed above. Inspectors noted that 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 21,2006, inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Ordinance(s) were found to exist, to-wit: A. Shall remove all/any outside storage from the property. Shall store in shed or garage. Items include, BUT NOT LIMITED TO; TOPPER IN BACK 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 1. That the property located at 4141 Jefferson 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. City Council Minutes August 28, 2006 Page 13 of26 ORDER OF COUNCIL 1. The property located at 4141 Jefferson 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. Nawrocki questioned how long they will have to clean up the back yard. Gorman stated it is a matter of when we can get an administration search warrant, which is about a week. We would have to store the toppers for 60 days. K. Adopt Resolution No. 2006-125, Declaring Property at 4142 Monroe Street N.E. a Nuisance and Approving Abatement of Violations Gorman stated this property has five violations. A neighbor has indicated that the property is now vacant. Mayor Peterson asked if there was anyone present to represent this property. There was not. Motion by Nawrocki, seconded by Williams, to close the public hearing and to waive the reading of Resolution No. 2006-125, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, seconded by Williams, to adopt Resolution No. 2006-125, a resolution of the City Council of the City of Columbia Heights declaring the property at 4142 Monroe 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 2006-125 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 Timothy Schleifer (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4142 Monroe 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 certified and regular mail to the owner of record on August 3, 2006. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on June 26, 2006, an inspection was conducted on the property listed above. Inspectors found five violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 3, 2006, inspectors reinspected the property listed above. Inspectors noted the five 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 18,2006, inspectors reinspected the property and found that five violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Ordinance(s) were found to exist, to-wit: A. Shall repair the trim on the garage that is rotted and above the garage door. B. Shall replace the siding comers missing on the garage. C. Shall scrape and paint the trim on the garage. D. Shall remove the scrub growth from around the garage and the house. E. Shall remove all/any outside storage from the property. Shall store in shed or garage. Items include, BUT NOT LIMITED TO; MISCELLANOUS JUNK 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 4142 Monroe Street N.E. is in violation of the provisions of the Columbia Heights City Code City Council Minutes August 28, 2006 Page 14 of26 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 4142 Monroe 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. L. Adopt Resolution No. 2006-126, Declaring Property at 4404 5th Street N.E. a Nuisance and Approving Abatement of Violations Gorman stated there is one violation; that has been an ongoing violation. Hoeft stated that in correspondence from their attorney an extension was requested. It is the recommendation of the fire department that the abatement go forward, with staff to work with the property owner. Nawrocki asked why they have not done the work. Gorman stated that problems in the past were parking cars in the back yard. Larkin stated that the letter requested an extension to the beginning of September, so he will recheck the property next week. Mayor Peterson asked if there was anyone present to represent this property. There was not. Motion by Williams, seconded by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-126, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, seconded by Kelzenberg, to adopt Resolution No. 2006-126, a resolution of the City Council of the City of Columbia Heights declaring the property at 4404 5th 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 2006-126 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 Michael Ryan (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4404 sth 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 certified and regular mail to the owner of record on August 2, 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 January 12, 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 August 2, 2006, inspectors reinspected the property listed above. Inspectors noted that 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 23, 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 the missing siding around the front window. s. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL City Council Minutes August 28, 2006 Page 15 of26 1. That the property located at 4404 5th 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 4404 5th 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. M. Adopt Resolution No. 2006-127, Declaring Property at 4410 Central Avenue N.E. a Nuisance and Approving Abatement of Violations Gorman stated this property has been brought to the City Council before. It was foreclosed on this past spring and we have not had a response from the owner. In the inspection there was a window broken and the property was not secured so we had a contractor board up the building. This resolution would approve an emergency abatement and abatement of violations. Hoeft stated that this procedure is allowed by our ordinance. Nawrocki stated that the grass in the front has been cut. Gorman stated that the City's contractor was cutting the property. Mayor Peterson asked ifthere was anyone present to represent this property. There was not. Motion by Kelzenberg, seconded by Nawrocki, to close the public hearing and to waive the reading of Resolution No. 2006-127, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, seconded by Nawrocki, to adopt Resolution No. 2006-127, a resolution of the City Council of the City of Columbia Heights declaring the property at 4410 Central 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 2006-127 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 Nate and Jacqueline Williams (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4410 Central 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 certified and regular mail to the owner of record on August 3, 2006, 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 28, 2006, an inspection was conducted on the property listed above. Inspectors found six violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 3, 2006, inspectors reinspected the property listed above. Inspectors noted the six violations remained uncorrected. Inspectors also found that a window on the vacant structure open and accessible. The Fire Department contacted a contractor and ordered an emergency abatement of the violation in accordance with City Code section 8.206(D). DuAll Services responded to the Fire Department call and sealed up the open window. A compliance order and statement of cause was mailed via mail to the owner listed in the property records. 3. That on August 18,2006, inspectors reinspected the property and found that six violations remained uncorrected. City Council Minutes August 28, 2006 Page]6of26 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 all/any broken windows on the house. B. Shall repair all screens on the house. C. Shall repair the shutters on the front of the building. D. Shall remove all scrub growth from the property. E. Shall repair the garage door that is broken/pushed in. F. Shall remove all/any outside storage from the property. Shall store in shed or garage. Items include, BUT NOT LIMITED TO: IRON POLE NEXT TO GARAGE, ALL DEBRIS/JUNK/GARBAGE IN THE YARD. G. The Fire Department ordered an emergency abatement of the burned out/damaged structure located at 4410 Central Avenue. The abatement consisted of securing all opening in the structure by boarding up such openings. H. The costs of such abatement remain unpaid. 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 4410 Central 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. 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 4410 Central 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. N. Adopt Resolution No. 2006-128, Declaring Property at 5020 Washington Street N.E. a Nuisance and Approving Abatement of Violations Gorman stated this property has three outside violations. Mayor Peterson asked ifthere was anyone present to represent this property. There was not. Motion by Williams, seconded by Diehm, to close the public hearing and to waive the reading of Resolution No. 2006-128, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, seconded by Diehm, to adopt Resolution No. 2006-128, a resolution of the City Council of the City of Columbia Heights declaring the property at 5020 Washington 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 2006-128 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 Joseph Pollack (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 5020 Washington 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 certified and regular mail to the owner of record on July 27, 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 foHowing: FINDINGS OF FACT 1. That on June 23, 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. City Council Minutes August 28, 2006 Page 17 of 26 2. That on July 27, 2006, inspectors reinspected the property listed above. Inspectors noted that 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 21, 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 remove all/any outside storage from the property. Shall store in shed or garage. Items include, BUT NOT LIMITED TO; GAS CANS, PILE OF WOOD, SHOWER DOOR, WOOD CHAIR. B. Shall repair the address numbers on the structure. C. Shall repair the driveway. 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 5020 Washington 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 5020 Washington 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. O. Adopt Resolution No. 2006-129, Declaring Property at 3720 2 12 Street N.E. a Nuisance and Approving Abatement of Violations Gorman stated that this property has three violations including fencing, an old swimming pool and peeling paint. The owner wants to re-side the house, so he is requesting help to that end. Diehm asked if people with in-ground pools that no longer want them can fill them in. Gorman stated yes, but asked the owner if the liner was removed and if there are drainpipes attached. The owner stated the liner was removed and there are no pipes. Gorman indicated that construction materials can not be buried. A compromise was reached that the owner could fill in the pool and leave the concrete around it for other purposes, as long as it is less than 30 inches below ground level. Kenneth Evans, owner of the property, stated he has put in sand and will fill the rest in with dirt. The pool was destroyed before they bought the house. He indicated that the fill he placed continues to settle. This was a HUD property that he has done a lot of repair work on. He stated that he has problems with the neighbors calling the police when he tries to work on the property fence on the south side. Hoeft stated that when the order is issued, we could get the commercial contractor on the private property to do the work or the order would allow the owner to do the work through this process. The owner stated that if the pool is filled in, there is no need for a fence. He indicated that he did not receive a certified letter. Hoeft stated that the notice is not required to be certified by State Statute and ifthe owner wants to take the fence down, that is fine, but if it stays it must be repaired. The fire department will work with him ifhe wants to put on siding. Gorman stated that the owner has been in contact with the department and he gave the history of the property. We are willing to work with him, but question how long it will take to side the home. Gorman stated that there is street construction, which has hampered some of this work. The owner stated he received a letter from his mortgage company that the council had approved this. The owner stated that the department has not worked with him. Peterson stated that we are trying to clean up our community to make it a better place to live. He asked if there was anyone else present to speak on this property. There was not. City Council Minutes August 28, 2006 Page I 8 of 26 The owner stated that the resolution indicates that the city could choose to replace the pool in his yard. Peterson suggested the pool be required to be removed. Nawrocki stated that the city would probably not come in and build a pool. Williams referred to the options to repair, replace or remove. Gorman stated that this process will now allow him to go onto his neighbor's property to work on the fence. We can not allow him another couple of years before he gets the work done. Evans stated that he also cannot do the work because his street has been tom up. Nawrocki stated that they can use the alley. Evans stated he would then have no where to park. Larkin stated that it will have to be determined ifhe needs to go on to the neighbor's property. Evans stated that he would have to dig postholes. Nawrocki stated that you have to stay on your property to build and maintain fencing. Hoeft agreed. Hoeft stated that determination has not been made and if needed it will be done. Hoeft requested to modify the resolution only requiring notification by regular mail. Motion by Williams, seconded by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-129, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, seconded by Kelzenberg, to adopt Resolution No. 2006-129, a resolution ofthe City Council of the City of Columbia Heights declaring the property at 37202-1/2 Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206 with the inclusion that notice be sent by regular mail. Upon vote: All ayes. Motion carried. RESOLUTION 2006-129 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 Kenneth Evans (Hereinafter "Owner of Recordtl). Whereas, the owner of record is the legal owner of the real property located at 3720 2-1/2 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 and 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 14,2006, an inspection was conducted on the property listed above. Inspectors found five violations. A compliance order was sent via regular mail to the owner at the address. 2. That on July 20, 2006, inspectors reinspected the property listed above. Inspectors noted that 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 22, 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 repair/replace the broken, unattached fence around the property. Shall replace all/any missing areas of the fence. B. Shall repair/replace/remove the pool in the back yard that is in severe disrepair. C. Shall scrape/paint the areas on the house where the paint is peeling. 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 3720 2-1/2 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; City Council Minutes August 28, 2006 Page 19 of26 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 3720 2-1/2 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. P. Adopt Resolution No. 2006-130, Declaring Property at 4124 5th Street N.E. a Nuisance and Approving Abatement of Violations Gorman stated there are two violations, which include a lot of outside storage. Mayor Peterson asked ifthere was anyone present to represent this property. There was not. Motion by Diehm, seconded by Williams to close the public hearing and to waive the reading of Resolution No. 2006-130, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm second by Williams, to adopt Resolution No. 2006-130, a resolution of the City Council of the City of Columbia Heights declaring the property at 4124 5th 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 2006-130 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 Debra Paulson (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4124 5th 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 certified and 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 three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on July 26, 2006, inspectors reinspected the property listed above. Inspectors noted that two 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 22, 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 repair/replace all the ripped out screens on the front porch. E. Shall remove alVany outside storage from the property. Shall store in shed or garage. Items include, BUT NOT LIMITED TO; WOOD, LADDER, GARBAGE-SOUTH SIDE OF THE GARAGE, METAL, CHAIRS, SHOVEL, CARPET, GARBAGE, TRAMPOLINE/PARTS, PLASTIC BUCKETS, XMAS TREE STAND, HAND RAILING 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 4124 5th 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 City Council Minutes August 28, 2006 Page 20 of 26 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 4124 5th 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. 5. That all service provided for herein shall be in accordance with Minnesota Statute 483.17, subd. 2. Q. Adopt Resolution No. 2006-132, Declaring Property at 4420 3rd Street N.E. a Nuisance and Approving Abatement of Violations Gorman stated the violations are all on the garage. Mayor Peterson asked if there was anyone present to represent this property. There was not. Motion by Williams, seconded by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-132, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, seconded by Kelzenberg, to adopt Resolution No. 2006-132, a resolution of the City Council of the City of Columbia Heights declaring the property at 4420 3rd 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 2006-132 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 Noel Alcantar (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4420 3rd 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 certified and regular mail to the owner of record on August 3, 2006. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on June 26, 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 August 3,2006, inspectors reinspected the property listed above. Inspectors noted that 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 18, 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 repair the garage service door that is damaged. B. Shall repair the damaged garage siding, on the comers. C. Shall scrape and paint the garage trim where needed. 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 4420 3rd 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. City Council Minutes August 28, 2006 Page 21 of26 ORDER OF COUNCIL 1. The property located at 4420 3rd 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 Other Ordinances and Resolutions Adopt Resolution No. 2006-13 L Adopting the Fire Department Fee Schedule Gorman stated this would establish a permanent fee schedule for items above normal duties. Gorman described each item and explained how the fee was determined. Nawrocki asked how much income this would generate. Gorman stated it could be about $8,000. Nawrocki stated that the budget could then be reduced by this amount. Gorman stated it would replace reductions in the budget. Nawrocki referred to the decision to maintain the size of the department with the inclusion of doing inspections. Inspection of tents should be included. Gorman stated that staffing has not changed in 25 years in the fire department and that plan reviews require maintaining certifications, which are very expensive. The training budget is the area that needs this funding. Nawrocki stated that a couple years ago the Manager's budget did recommend dropping one person, but Council retained that person with the idea that the inspections could be handled as needed. Nawrocki asked if this covers assisted living facilities. Gorman stated that we inspect Crest View apartments. Nawrocki questioned the proposed facility for University. Diehm stated that the question if the fire department can handle these inspections and the charges are separate. The fees that affect residents are the fire permits, the abatement process, and it is adding fees to commercial businesses for the use of our services. Ken Evans, 2 ~ Street, stated there is now a $10 fee for a yearly recreational fire permit. Gorman stated that ten individual permits are allowed without a charge. Gorman stated that would allow people that only want a few recreational fires a year to not have to pay. Fehst stated that residents like the idea of a yearly permit. Gonnan stated that most residents have no problem with this fee. Gorman stated that these items are required to be inspected by the State and he indicated that homeowners should not have to pay for this. Motion by Diehm, seconded by Williams, to waive the reading of Resolution 2006-131, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, seconded by Williams, to adopt Resolution 2006-131, adopting the proposed Fire Department Fee Schedule. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2006-131 BEING A RESOLUTION ESTABLISHING A FIRE DEPARTMENT FEE SCHEDULE WHEREAS, the Columbia Heights Fire Department provides many services, such as contract inspections, plan reviews, and permits; and WHEREAS, State contracts, State Statute, and City Ordinance allows for fees to be charged for these services; and WHEREAS, currently no fees are charged for these services; and WHEREAS, the Columbia Heights Fire Department chooses to establish a fee schedule to reflect the costs incurred; NOW THEREFORE BE IT RESOLVED, that the attached proposed fee schedule be adopted effective January 1, 2007. City Council Minutes August 28, 2006 Page 22 of 26 TYPE OF ACTIVITY AUTHORITY FEE Recreational Fire Permit: Daily (up to 10 per year) Chapter 8, $0.00 Annual Article IV of $10.00 Festival BonfIre City Code $100.00 Permit Bum (requires Council approval) $500.00 Motel/Hotel Inspections Inspected Triennial inspection fee of$435.00 and a per room charge of$5 for 1-18 units, $6 for 19- SS299F.46 and annually 35 units, $7 for 36 to 100 units and $8.00 for more than 100 units. Fee includes one State contract. at 1/3 the follow-up inspection. $225 for each additional follow-up inspection. total fee. School Inspections: Inspected Public Schools: Triennial inspection fee of$0.014 per square foot for each school. annually ($0.00466 per year). Includes 2 follow-up inspections. $0.00466 for each additional at 1/3 the follow-up inspection above two. SS299F.47 and total fee. Charter Schools: $100 for each building inspected. State Contract Alternative Schools: $100 for each building inspected. $100.00 $100.00 Day Care Inspections: $50.00. $50.00 per inspection. SS245A.151 and Includes State contract. follow-up inspection s Abatements: Administrative fee added to the cost of the abatement. Covers cost of offIce staff time. Chapter 8, Article II of City $200.00 Code Explosives: Operational permit required for the manufacture, storage, handling, sale or use of any quantity of explosive material within the scope of Chapter 33 of the MN State MSFC 105.6.15 $0.00 Fire Code. \~'~C, "';;" obtained bv State Fire I Fireworks: Outdoor fireworks displays by State certified operator. SS624.22 $50.00 Fireworks sales in existing retail establishments. SS624.20 $0.00 Fireworks stands or tent sales. (NFP A 1124) SS624.20 $200.00 New Construction/ Modifications/Fire Review: Minnesota State Fire Code Fee Structures: New construction/modifIcation fIre review fee. 105.4 $45.00 Automatic Fire-Extinguishin2 Systems: New construction/modifIcation fire review fee. 105.7.1 $90.00 Fire Alarm and Detection Systems and Related Equipment: New construction/modifIcation fIre review fee. 105.7.3 $45.00 City Council Minutes August 28, 2006 Page 23 of 26 Fire Pumps aud Related EQuipmeut: New construction/modification fire review fee. If part of an automatic fire-extinguishing system review no separate fee will be 105.7.4 $45.00 charged. Standpipe Systems: New construction/modification fire review fee. If part of an automatic fue-extinguishing system review, no separate fee will be 105.7.11 $45.00 charged. Spray Rooms. Dip Tanks. or Paint Booths: New construction/modification fue review fee. 105.7.10 $45.00 LP Gas: Exterior installations only: Plan review and inspections to be $180.00 conducted by Fire Department. 105.7.8 $90.00 Interior installations only: New construction/modification fue review fee. Flammable & Combustible Liquids: New construction/modification fire review fee. 105.7.5 $90.00 Hazardous Materials: New construction/modification fire review fee. 105.7.6 $90.00 Temporary Membrane Structures. Tents aud Canopies: Less than 180 days: Plan review and inspections to be conducted by Fire Department. $90.00 Under a Conditional Use Permit. 105.7.12 $45.00 Greater than 180 days: New construction/modification fue review $45.00 fee. Bid Considerations--None Other Business Distribution of the 2007 City Manager's Proposed Budget and Tax Levy Fehst stated that the budget would be discussed at the work session tomorrow night. $8,685,000 -or an increase of $276,000 more than last year, is primarily due to the employee cost ofliving increase. With the Library and EDA levy the budget increase would be 2.4 percent. Fehst stated that State Aid has been reduced annually with an increase this year for the first time in several years. He recommended $70,000 in contingencies for police and fire needs. Fehst referred to the large number oflicense revocations and abatements at this meeting, which take a large amount of staff time. This recommendation would be presented for approval at the first meeting in September. Fehst referred to our revenue base increasing only about one percent per year. He referred to the service level we otTer regardless of diminishing State support. The proposal is for a 3.5 percent increase. Nawrocki referred to private industry cuts in their costs. He indicated that levy's have not been reduced because of the loss of state aid. He referred to the tax increase last year indicated to residents at 4 to 5 percent, but some residents received a 10 percent increase. We have a lot of seniors in this community. There are tax increases and there are assessments for road improvements. Nawrocki stated that we need to set up some work sessions to discuss the budget. At the work sessions he does not want the time taken City Council Minutes August 28, 2006 Page 24 of26 Up by power point presentations, but rather talking about expenditures and income sources. Nawrocki stated that the document handed out is not complete. He wants to see every fund that we have; balances, incomes, etc. Diehm stated that we would spend much of the fall discussing the budget. She stated concern about being more accurate and honest with what the tax amount would be. We cannot tell every citizen what the impact will be on their property tax. The change in market value makes a difference. This year there may be reductions in property values and their tax will go down. That would then have to be absorbed by other property owners. We cannot tell residents what their tax will be. Nawrocki stated that we can have a cross section of the town and what the increases would be. The decreases will be to the higher priced home. Diehm stated they are not seeking a property tax reduction and they are not happy their values are being reduced. We need to look at what is causing the reduction in values. We want to maintain the quality oflife in our community. Fehst compared other communities to inner ring suburbs and the need to maintain assessed market values. ADMINISTRATIVE REPORTS Report of the City Manager Fehst stated that our City has entered into a predevelopment agreement for part of the Apache Theater property. The remaining portion would have 66 units of assisted living, 16 units of advanced care of senior citizens. Our option, on the front ofthe property, would be to possibility build a liquor store to replace the one next to Unique Thrift. Nawrocki stated it would be approximately $600,000 for this purpose. Fehst stated that the EDA feels we have been in the liquor business for a long time and if you to stay in the business, it would be best to own rather than rent. The direction by the EDA has been to proceed. Nawrocki referred to the claim that the current property owner will increase the rent, but it should be negotiated and discussed compared to building a new building. Diehm stated that we did look at detailed figures for purchase of the property, and what the returns would be to the community; assuming that first our sales remain constant, or that sales increase five to ten percent, or third that sales increase more than that. Under any of those scenarios, this was still a cost benefit to the community as a whole. Nawrocki stated he did not agree with the figures. Peterson referred to the need to compete with comparable businesses and the desire of the current owner for us to move. Fehst stated that there have been appraisals on the Mady's property and the EDA has asked to go ahead with negotiations on the property. Nawrocki stated that they recommend beginning at $1.2 million. Fehst questioned him giving that infonnation. Nawrocki stated it was public information. He indicated this does not include the cost of the Burger King site or the rental property site and indicated that we do not have a plan for the property. We only received one proposal for housing of rental property. Fehst stated that we do not have an offer for the property at this time. Fehst referred to historic problems at this site. He stated that you can let the property deteriorate or let other businesses come in and fix it up. Nawrocki referred to the work on 49th Avenue adjacent to Nedegaard's development, stating there is poor redirection of traffic. Fehst stated that will be removed soon and a sidewalk will be placed, hopefully this week. City Council Minutes August 28, 2006 Page 25 of 26 Williams referred to a comment from Mark Hinrich on WiFi. Fehst stated that this is being discussed. We wish to speak to Minneapolis about having a piggyback to their contract. Report of the City Attorney Hoeft referred to a license approved with the name of Jim Hoeft, but it is not him. CITIZENS FORUM Evans, 2 12 Street, indicated concern that the sidewalk in front of his home is being replaced and asked for a guarantee that it would not heave again. Fehst stated there is a one year guarantee, but not after that. Evans stated that the sidewalk ends 40 feet from his house. Evans asked why Wagomen Brothers is not required to clean up their property and the vehicles there. Fehst referred to clean up of the industrial area. Hoeft stated that the City Planner has had contact with them and concerns are being addressed. Peterson requested more information on this. Ray Anderson stated she is running for State Senate and was present to observe. She passed out literature. COUNCIL CORNER Kelzenberg . Read from the Green Sheet on police activities. He appreciated the consideration to work with the City of Minneapolis. . Had a good time at the city picnic. Williams . Referred to the 2nd annual Charity Golf Tournament, with an estimate of$35,000 raised. City Manager Fehst's team won again. It will support the cancer fund, autism fund, Bloomington Public Schools and the Columbia Heights Activity Fund. . Holiday Kick Off Party will be Saturday, November 25th. There is a four-wheeler being raffled off. . Referred to the support of the Boosters and VFW and the need to recognize them. Weare here to support our citizens. . Thanked our Fire Department staff for their work to get the houses at issue cleaned up. Complimented our Police Department on their work, especially in the Grid 8 area. . Continue to tell Division Heads that our citizens are their boss. . Continue to pray for the health and peace of our citizens. Peterson . Complimented Councilmember Williams and Jeff Bahe on their golf tournament and funds they raised for special groups. . Our Activity Fund; the final bill has been paid for the clock tower. This was completed without the use of any city funds. Received calls that people want more bricks. Anyone interested can contact the City. . Commended the Police on their successes; also the Fire Department. . Ifthere are ever staff comments that are negative, it is on attitude. That affects citizens the most. . Don't take ourselves too seriously, do a random act of kindness. Diehm . Also complimented the Police and Fire Departments on what they have done. Listed the fire calls to date. We need to be proactive to deal with these issues. . School begins next week, so be aware of children going to school Nawrocki City Council Minutes August 28, 2006 Page 26 of 26 . Referred to the information from Chaska on the WiFi. . Referred to the County memo on methamphetamines. Information should be placed on our cable channel. Fire Department does a good job on the properties they inspect, but when viewing these properties sees other areas with things like weeds by the alleys, garages, and fences. Peterson asked that he report them. When staff checks the properties they should note other problems. Fehst stated that they don't catch all of the problems, but they get the worst of them and do the best they can. . Regarding the activity center progress - does not agree that council members should not participate. Has attended the meetings. It is not a total resident committee. Some people are there because they want gyms or a new library. Feels it is a staff driven committee. Complimented the consultant. Candidates should let the public know where they stand on this issue. Diehm wished Councilmember Nawrocki a Happy Birthday. Fehst stated that the Council hired the activity center consultant. It is not staff driven. Committee members are from all different backgrounds. Everyone can voice their opinions. ADJOURNMENT Mayor Peterson adjourned the meeting at 1 0:04 p.m. Muscovitz, CMC Deputy City Clerk/Council Secretary