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HomeMy WebLinkAboutSeptember 11, 2006 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING SEPTEMBER 11, 2006 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, September 11, 2006, in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/APPOINTMENT OF SECRETARY PRO TEM/ROLL CALL/INVOCATION Motion by Williams, seconded by Nawrocki, to appoint Shelley Hanson as Secretary Pro Tern. Upon vote: All ayes. Motion carried. Present: Mayor Peterson, Councilmember Kelzenberg, Councilmember Williams, Council- member Nawrocki, and Councilmember Diehm. Nawrocki objected to the recent change of council agendas not being placed on the government channel until the day of the meeting, rather than on the Friday before, as it was done in the past. Peterson explained that since Jean Kuehn retired, some of her duties were split among various people and due to other work priorities such as the elections, not everything is being done in the same timeframe. Hopefully, once elections are over, the agendas can once again be put on the air on Fridays. The invocation was given by Pastor Hugo from St. Matthews Church. PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Two items were added to Public Hearings (Section 6-Q and R) for re-issuance of Rental Licenses for 4600 Polk St and 4612 Polk Street Two items were deleted from the agenda. Border Foods withdrew their request for a Site Plan approval and variances for 4900 and 4910 Central Avenue (Section 7--#4) and MAT Properties withdrew their request for a Conditional Use Permit for outdoor storage at 5101 University (Section 7-- #3). PROCLAMATIONS. PRESENT A TIONS. RECOGNITIONS AND GUESTS - none CONSENT AGENDA Linda Magee, Acting City Manager, took Councilmembers through the consent agenda items. 1) Approve City Council Meeting Minutes for August 28,2006, Regular City Council Meeting Motion to approve the minutes ofthe August 28, 2006, regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes a) Motion to accept the minutes of the July 25, 2006, Economic Development Authority Meeting b) Motion to accept the minutes of the July 26,2006, Park and Recreation Commission City Council Minutes September II, 2006 Page 2 of25 Meeting c) Motion to accept the minutes ofthe August 2,2006, Public Library Board of Trustees Meeting d) Motion to accept the minutes of the September 6, 2006, Planning and Zoning Commission Meeting Nawrocki commented on an item from the Recreation Commission minutes. He thought it was out of line to charge the Sf. All Night Party Committee for use of the hall. Peterson explained they are charged a nominal entry fee of $15 and then $40/hr for a staff member to be present during the party. The hall rental itself is still waived. Nawrocki also commented on an item from the Library Board minutes. He thought since the Library had its own budget, that payment for the repairs on the exterior of the building should be paid from that fund. He doesn't feel that money should be taken from the general fund as Bill and Walt had previously indicated. 3) Establish date for Canvassing Municipal Primary Election Returns Nawrocki stated that the canvas meeting cannot be held on Wednesday, September 13, as proposed as it doesn't allow the 72 hours notice required by law. Therefore, after some discussion, the council decided to hold the canvas meeting on Friday, September 15th at 7:30 am. Motion to establish the Canvass of the 2006 Primary Election results for Friday, September 15, 2006 beginning at 7:30 a.m. in the City Council Chambers. 4) Authorize School Liaison Officer Contract with School District #13 for 2006-2007 Motion to authorize the Mayor and Police Chief to enter into a joint powers agreement with School District # 13 for the provision of a police school liaison officer as stipulated in the joint powers agreement for the period of September 5,2006, through June 7, 2007. 5) Authorize Change Order No. 1 for the Huset Parkway Street, Utility, and Landscaping Project No. 0404 - Removed 6) Adopt Resolution No. 2006-139, being a Resolution to approve a 5-foot Side Yard Setback Variance and a 17.5-foot Comer Side Yard Setback Variance for a Deck Located at 3900 Main Street Motion to waive the reading of Resolution 2006-138, there being ample copies available to the public. Motion to adopt Resolution No. 2006-139, approving the 5-foot side yard setback variance and the 17.5-foot comer side yard setback variance for the construction of a new deck at 3900 Main Street, subject to the conditions stated in the resolution. RESOLUTION NO. 2006-139 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR THE STANLEY RESIDENCE 3900 MAIN STREET WHEREAS, a proposal (Case # 2006-0903) has been submitted by Bonnie Stanley to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 3900 Main Street LEGAL DESCRIPTION: Lot 14, Block 73, Columbia Heights Annex to Minneapolis. City Council Minutes September I ], 2006 Page 3 of25 THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 5-foot side yard setback variance per Code Section 9.109 (C), and a 17.5-foot comer side yard setback variance per Code Section 9.109 (C). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on September 6, 2006; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached conditions, plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS: All application materials, maps, drawings and other descriptive information submitted with this application shall become part of the permit. 7) Establish Work Session meeting date for Monday, September 18,2006 -7:00 p.m. - Removed 8) Set Budget Work Session Meeting Dates to Review the 2007 Budget - Removed 9) Adopt Resolution No. 2006-134, being a Resolution supporting MnDOT consideration of a cost sharing municipal agreement for street rehabilitation of the University Service Drive on T.H. 47 south of 45th Avenue - Removed 10) Re-Issue Rental Housing License at 4653 Pierce Street N.E. Move to issue a rental housing license to Richard Meissner to operate the rental property located at 4643 Pierce Street N.E. in that the provisions of the residential maintenance code have been complied with. 11 ) Re- Issue Rental Housing License at 1100-02 3 9th Avenue NE Move to issue a rental housing license to Steve Efterfeld to operate the rental property located at 1100-02 39th Avenue NE in that the provisions of the residential maintenance code have been complied with. City Council Minutes September II, 2006 Page 4 of25 12) Approve the Items Listed for Rental Housing License Applications-PULLED 13) Approve Business License Applications Move to approve the items as listed on the business license agenda for September 11, 2006, as presented. 14) Approve Payment of Bills Move to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 118419 through 118548 in the amount of $1 ,691 ,022.12. MOTION by Diehm, seconded by Nawrocki, to approve the Consent Agenda items with the exception of items 5, 7, 8, 9, and 12. Upon vote: All ayes. Motion carried. 5) Authorize Change Order No.1 for the Huset Parkway Street, Utility, and Landscaping Proiect No. 0404 Nawrocki felt the additional costs were the responsibility of the contractor and the Engineer or Architect that bid the project. Kevin Hansen, Public Works Director, explained that there was an error in the bid. The low bid included a quote for 85 s.f. of wall priced out for a modular block wall. This square footage is only for one wall, not the four that were actually constructed. And, they decided to go with a cut stone wall instead to better match the design of Murzyn Hall and to provide some consistency in the redevelopment area. The contractor is honoring the price for the one wall, but the additional costs for the other three walls are included in this change order. Hansen recommends approval and feels the cost is justified. Williams asked if the other contractors bid the same thing. Hansen did not know. Williams thought it may be important before making a decision to approve the extra costs. Hansen said, it was not important as the difference between the low bid that was accepted and the next bid was $500,000 and these additional fees only amount to $85,000, so this company would still have been the low bidder. Nawrocki asked why they didn't use some of the old flag stones from the foundaries to offer a historical perspective and which would have kept the costs down. Hansen stated they are still working on a plan to use those old stones somewhere in the project as a historical memorial of some kind. Motion by Williams, seconded by Diehm, to authorize Change Order No. 1 for additional site grading, miscellaneous utility work, temporary paving and street patches, additional 10 foot bituminous trails, stone wall construction and site landscaping to the Huset Parkway Improvements, City Project 0404 to Frattalone Companies in the amount of $249,720.03 to be funded out of an LCA Grant ($122,769.23), the PIR Fund, or Assessments ($56,331.00), the City State Aid ($66,519.80), Water Fund ($3,020.00), and the Storm Sewer Fund ($1,080.00). Upon vote: Ayes- Kelzenberg, Williams, Diehm, & Peterson. Nay-Nawrocki. Motion carried. 7) Establish Work Session meeting date for Thursday, September 21,2006 -6:00 p.m. Nawrocki stated he thought there was an agreement not to have work sessions on the third Mondays, as the proposed date of September 18th would be. He cited several examples of how it's been altered in recent months to accommodate various schedules, but wants to go back to what was originally agreed upon. After some discussion, the members agreed upon Thursday, September 21 st at 6:00 pm for the next work session. City Council Minutes September II, 2006 Page 5 of 25 Motion by Diehm, seconded by Kelzenberg to schedule a City Council work session for Thursday, September 21,2006 beginning at 6:00 p.m. in the Council Chambers. Upon vote: All ayes. Motion carried. 8) Set Budget Work Session Meeting Dates to Review the 2007 Budget Nawrocki pulled this item as some of the meetings are scheduled for the third Monday again. He also stated he thought the Power Point presentations were unnecessary and that they were used more as a selling tool than providing detailed information. He felt the council should be spending their time looking at the line item figures, rather than charts and graphs that are created to justifY the proposed budgets. After discussing the proposed meeting dates, the following schedule was agreed upon. Any additional meetings required will be set at a later time. Motion by Nawrocki, second by Diehm to set budget work session meeting dates to review the 2006 budget as listed. Upon vote: All ayes. Motion carried. Monday, October 2 at 7:00 pm Wednesday, October 25 at 7:00 pm Monday, October 30 at 7:00 pm at 7:30 pm at 8:00 pm at 8:30 pm Monday, November 6 at 7:00 pm at 7:30 pm at 8:00 pm at 8:30 pm Library Recreation Fire Public Works General Government Administration Community Development Police Finance/IS Liquor Monday, December 4 at 7:00 pm Final meeting with public 9) Adopt Resolution No. 2006-134, being a Resolution supporting MnDOT consideration of a cost sharing municipal agreement for street rehabilitation of the University Service Drive on T.H. 47 south of 45th Avenue Kevin Hansen gave some background on the street improvements needed for University Ave. He told the Council that the grant application is due by October 1 st and that limited funds are available at this time. He explained that in order to apply for funding, MnDOT requires Council support. Since funding is limited, the scope of the work has been downsized to address the road south of 45th Avenue. This would allow the street improvements, curb and gutter work, fencing, landscaping, walkways, and possible bike paths along that corridor as suggested by the MN Design Team. Nawrocki felt by doing only a portion of the roadway, it was deceiving the residents who live north of 45th Avenue. He felt the project should be downsized to just roads and fencing so that all of it could be done. Hansen explained that he had broken the project down into two phases for a couple of reasons. One is to deal with MnDOT turning over control of the roadway if the funding is granted and the other is that Right of Way and control issues need to be resolved with the City of Fridley for City Council Minutes September II, 2006 Page 6 of25 the roadway north of 45th Avenue. With funds being capped at $550,000 it would not allow for the whole stretch to be done. Hansen thought it best to pursue this funding and do a portion of the roadway, making all the changes that were suggested by the Design Team. Then he would apply for funding again next year, if it is available, to finish the remaining roadway north of 45th Avenue as Phase II. This would also allow extra time to resolve issues with Fridley regarding the area north of 45th Avenue. Hansen stated that if the Council chooses to do the whole stretch, that only a mill & overlay and fence repair could be done, as that's all the funds would allow. Ifthat is the council's intent, then it would change the scope ofthe application and the project itself. Williams thought that the citizens would accept it being done in two phases, if it is done right. Kelzenberg agreed that if we could get grant money, we can do a better job and get more bang for our buck. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution No. 2006-134, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, seconded by Williams, to approve and adopt Resolution No. 2006-134 supporting MnDOT consideration of a cost sharing Municipal Agreement for the street rehabilitation of the University Service Drive on T.H. 47, south of 45th Avenue. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2006-134 BEING A RESOLUTION REQUESTING MnJDOT CONSIDERATION OF FUNDING THROUGH THE MUNICIPAL AGREEMENT PROGRAM FOR THE REHABILITATION OF THE UNIVERSITY SERVICE DRIVE ON T.H. 47, FROM 40TH TO 45TH AVENUES WHEREAS, the City of Columbia Heights proposes to make certain street, storm sewer, trail and fencing improvements on T.H. 47, south of 45th Avenue. WHEREAS, the improvements will benefit both the City of Columbia Heights and the Minnesota Department of Transportation. WHEREAS, the City of Columbia Heights is committed to providing the local share of the costs if the project is selected as part of the Municipal Agreement Program. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Columbia Heights that the City shall be responsible for the preliminary engineering, project design, and permitting functions of said improvements; and BE IT FURTHER RESOLVED that the construction costs of the improvements be shared between the Minnesota Department of Transportation and the City of Columbia Heights; and BE IT FURTHER RESOLVED, that following approval by the Minnesota Department of Transportation of plans and specifications for said improvements, and before the contract letting for the construction of said improvements, the Minnesota Department of Transportation shall prepare an agreement to provide for the State to pay its share of the costs of the improvements in accordance with the latest "Procedures for Cooperative Projects with Municipalities". 12) Approve the Items Listed for Rental Housing License Applications Nawrocki pulled this as someone called him regarding 1401 46th Ave. and said they would be present at the meeting. However, since no one was present they continued. Motion by Kelzenberg, seconded by Diehm, to approve the items listed for rental housing City Council Minutes September 11, 2006 Page 7 of25 license applications for September 11,2006. Ayes-Kelzenberg, Peterson, Diehm, Nawrocki. Abstain- Williams. Motion carried. PUBLIC HEARINGS A) First Reading of Ordinance No. 1512, being an Ordinance changing the street name for sections of 39th Avenue and Jefferson Street to Huset Parkway and Madison Place to Jefferson Street Using a map of the area, Kevin Hansen reviewed the changes proposed. Nawrocki stated he noticed the signs are already up reflecting this change. He did express the fact he thought it would be confusing to take a chunk out of Jefferson from 39th to 40th and rename it Huset Parkway and to have 39th Avenue running east of the roundabout and Huset Parkway to the west. Motion by Diehm, second by Williams, to waive the reading of Ordinance No. 1512, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to establish a second reading of Ordinance No. 1512, being an Ordinance changing the street name of 39th Avenue from 5th Street to Jefferson Street and Jefferson Street from 39th Avenue to 40th Avenue to Huset Parkway and changing the street name of Madison Place to Jefferson Street for October 9,2006, at approximately 7:00 p.m. in the Council Chamber. Upon vote: All ayes. Motion carried. B) First Reading of Ordinance 1513, being an Ordinance Pertaining to Tobacco regulations Magee explained that our code regarding sales of tobacco is more restrictive than State Statute. The change proposed in this ordinance would make it consistent with the state and would allow stores that do not allow minors, to be able to have self service rather than require an employee to get products from behind a counter. This change was proposed after discovering the difference in the City Code and State Statute when a tobacco store in town was following State Statute, and was unaware ofthe city's code. The Councilmembers would like Chief Johnson to be present at the next meeting when the second reading is scheduled to take place to answer questions. Motion by Kelzenberg, second by Williams, to waive the reading of Ordinance No. 1513 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to establish the second reading of Ordinance No. 1513, being an ordinance amending Chapter 5, Sections 5.306, 5.307 and 5.308 of the City Code of the City of Columbia Heights pertaining to tobacco regulations, for September 25,2006 at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. C) Adopt Resolution No. 2006-135, Declaring Property at 8255012 Avenue N.E. a Nuisance and Approving Abatement of Violations Gary Gorman, Fire Chief, stated this property had 10 violations in July and is down to 7, so they are making progress. Diehm questioned whether his dept. would continue to work with the property owner to bring it into compliance, and he assured her they would. City Council Minutes September II, 2006 Page 8 of25 Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2006-135, there being ample copies available to the public. Upon vote. All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2006-135, being a resolution of the City Council of the City of Columbia Heights declaring the property at 825 50 Y2 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 2006-135 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 Imab Zalloum (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 825 50-1/2 Avenue N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 17, 2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on July 18,2006, an inspection was conducted on the property listed above. Inspectors found ten violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 17,2006, inspectors reinspected the property listed above. Inspectors noted that seven violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on September 1, 2006, inspectors reinspected the property and found that seven violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall clean gutters out. Shall scrape/paint the whole house, where ever there is paint peeling. Shall replace any tom window screens. Shall scrape/paint around all the windows where they are peeling. Shall repair the handrail going up to the front steps. Shall paint the boards, covering the windows on the garage to match the color on the rest of the garage. Shall remove all/any outside storage from the property - CHAIRS, FILE CABINET, KITCHEN GARBAGE, TABLE TOP, MATTRESSES, HUMIDIFIER 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 825 50-1/2 Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 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 82550-1/2 Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this 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 463.17, subd. 2. City Council Minutes September II, 2006 Page 9 of25 D) Adopt Resolution No. 2006-144, Declaring Property at 2348 45th Avenue a Nuisance and Approving Abatement of Violations Gorman explained this is the second abatement this year. There is a new owner of this property and the Fire Department hasn't had contact with them yet. Motion by Nawrocki, second by Williams, to waive the reading of Resolution No. 2006- 144, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2006-144, a resolution of the City Council of the City of Columbia Heights declaring the property at 2348 45th 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 2006-144 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 Mortgage Electronic Reg System (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 2348 45th Avenue N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 17, 2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on July 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 August 15,2006, inspectors reinspected the property listed above. Inspectors noted the five violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on September 5, 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 remove tree from garage and repair any damage. B. Shall repair damaged overhead garage door. C. Shall repair side storm door. D. Shall repair damaged siding of porch on the NE comer of the house. E. Shall remove any/all scrub growth from around the house. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 2348 45th 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 2348 45th 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. City Council Minutes September II, 2006 Page 10 of 25 3. That any motion for summary enforcement shall be served upon all relevant parties and parties in interest. 4. That all service provided for herein shall be in accordance with Minnesota Statute 483.17, subd. 2 E) Adopt Resolution No. 2006-145, Declaring Property at 4017 6th Street a Nuisance and Approving Abatement of Violations Gonnan reported that the outside storage had been taken care of as oftoday, so this one can be closed as it was brought into compliance. Peterson closed the hearing as this property is in compliance. F) Adopt Resolution No. 2006-146, Declaring Property at 4231 6th Street a Nuisance and Approving Abatement of Violations This property was written up for outside storage issues in July. The items are still there per Gorman. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2006- 146, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-146, a resolution of the City Council of the City of Columbia Heights declaring the property at 4231 6th 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 2006-146 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Sharon Bates (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4231 6th Street N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 7, 2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on July 25,2006, 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 7, 2006, inspectors reinspected the property listed above. Inspectors noted the one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on September 5, 2006, inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Ordinance(s) were found to exist, to-wit: A. Shall remove alI/any outside storage from the property. Items include, BUT NOT LIMITED TO; TARP, DAMAGED BASKETBALL HOOP, FURNITURE, MISe. GARBAGE, AND CARDBOARD 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). City Council Minutes September 11, 2006 Page 11 of25 CONCLUSIONS OF COUNCIL 1. That the property located at 4231 6th 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 4231 6th Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this 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 G) Adopt Resolution No. 2006-147, Declaring Property at 4236 Polk Street a Nuisance and Approving Abatement of Violations This property started with seven violations, and is now down to one. The garage service door still needs repair and the Fire Dept. will continue with the process until it is in full compliance. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution No. 2006-147, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2006-147, a resolution of the City Council of the City of Columbia Heights declaring the property at 4236 Polk Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2006-147 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 AI-Noor Agil (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4236 Polk Street N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 8, 2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on May 31, 2006, 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 August 8, 2006, inspectors reinspected the property listed above. Inspectors noted the one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on September 5,2006, inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Ordinance(s) were found to exist, to-wit: A. Replace/repair the service door on the garage. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). City Council Minutes September II, 2006 Page 12 of25 CONCLUSIONS OF COUNCIL 1. That the property located at 4236 Polk Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4236 Polk Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this 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 463.17, subd. 2 H) Adopt Resolution No. 2006-148, Declaring Property at 4349 7th Street a Nuisance and Approving Abatement of Violations Gorman stated the previous abatement was for large trees and brush on the property that were removed today. The doors seem to be secure so this hearing can be closed as the property is in compliance with the previous orders. Peterson closed the hearing as the property is in compliance. I) Adopt Resolution No. 2006-149, Declaring Property at 4501 5th Street a Nuisance and Approving Abatement of Violations A small pile of debris has been there since July. Gorman suggests continuing with the process to motivate the owner. Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution No. 2006-149, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, seconded by Diehm, to adopt Resolution No. 2006-149, a resolution of the City Council of the City of Columbia Heights declaring the property at 4501 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 2006-149 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 Lawrence (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4501 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 regular mail to the owner of record on August 22, 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 18, 2006, an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. City Council Minutes September II, 2006 Page 13 01'25 2. That on August 22, 2006, inspectors reinspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on September 6,2006, 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 - Old fencing/construction material, Pieces of lumber/pallet. 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 4501 5th Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 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 4501 5th Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this 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 463.17, subd. 2. J) Adopt Resolution No. 2006-150, Declaring Property at 4536 6th Street a Nuisance and Approving Abatement of Violations This property still has tires stored on the property that have not been removed. Motion by Nawrocki, second by Williams, to waive the reading of Resolution No. 2006- 150, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2006-150, a resolution of the City Council of the City of Columbia Heights declaring the property at 4536 6th 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 2006-150 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 Kim Zimmer (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4536 6th Street N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 22, 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: City Council Minutes September II, 2006 Page 14 of25 FINDINGS OF FACT 1. That on July 18, 2006, an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on August 22, 2006, inspectors reinspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on September 6,2006, 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 -Tires along north side of 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 4536 6th Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 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 4536 6th Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this 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 463.17, subd. 2. K) Adopt Resolution No. 2006-151, Declaring Property at 5011 5th Street a Nuisance and Approving Abatement of Violations This property was written up for a tarp between the alley and garage that covered large pieces of concrete. The tarp is now gone, but the concrete chunks are still there as well as tall weeds in the yard. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution No. 2006- 151, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2006-151, a resolution of the City Council of the City of Columbia Heights declaring the property at 5011 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 2006-151 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 Bevanna Mellema (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 5011 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 regular mail to the owner of record on August 21, 2006 City Council Minutes September 11, 2006 Page 15 of25 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on July 13, 2006 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 21, 2006, inspectors reinspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on September 1, 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 Codes(s) were found to exist, to wit: A. Remove concrete chunks from along alley. B. The tall grass/weeds (will be referred to Public Works) 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 5011 5th Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 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 5011 5th Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this 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 463.17, subd. 2. L) Adopt Resolution No. 2006-152, Declaring Property at 4538 5th Street a Nuisance and Approving Abatement of Violations There is a problem with outside storage items. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2006- 152, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-152, a resolution of the City Council of the City of Columbia Heights declaring the property at 4538 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 2006-152 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 Frank E. Oswald (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4538 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 regular mail to the owner of record on August 16,2006 City Council Minutes September] ] , 2006 Page ]6 of25 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on July 12,2006 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 16,2006, inspectors reinspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on August 31, 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 Codes(s) were found to exist, to wit: A. Remove alVany outside storage from the property - Ladder, Truck topper, Exercise equipment, Hoses, Oil pan, Bucket, Vent/grate, Bricks 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 4538 5th Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 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 4538 5th Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this 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 463.17, subd. 2. M) Adopt Resolution No. 2006-140, Approving Rental Housing License Revocation at 1207-09 Circle Terrace Blvd. This property was written up for needing a new front entry door and corrections to the condensation drainage from central AC. Carolyn Tilletson, an agent for Deer Meadow Holdings was present. She explained they recently purchased the property and had two bad tenants who have been removed. The two items listed above have been fixed and she presented pictures as proof. She stated there are piles of dirt, concrete, and debris in the yard that have been dumped there by unknowns. She asked if there was information on how to dispose of items and what the city codes are for refuse and rental issues. Gonnan stated he would get the information to her. Diehm told her that the city also assists owners with the tenant screening process if she so desired. Peterson suggested she get the license numbers of who is doing the illegal dumping, if possible, and to put up signs for "no dumping allowed". Gonnan stated he would like to table this matter to give the Fire Dept. time to check to see these items have been resolved. Motion by Nawrocki, second by Williams, to table this License Revocation until the next meeting to allow time to check the status of corrections. Upon vote: All ayes. Motion carried. City Council Minutes September II, 2006 Page 17 of25 N) Adopt Resolution No. 2006-141, Approving Rental Housing License Revocation at 1340 Pierce Terrace This property has a new owner who hasn't applied for a license or paid the fees. Nawrocki stated there is junk stored on site also. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2006- 141, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2006-141, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5AA08(A) ofthe rental license held by Corwin Spears regarding rental property at 1340 Pierce Terrace N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2006-141 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 Corwin Spencer (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1340 Pierce Terrace 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 7, 2006 of an public hearing to be held on September 11, 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 19, 2006 inspection office staff sent a letter requesting the owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on August 7, 2006, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by reglar mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: 4. Failure to license the rental license for the property, failure to submit the application and the fees and failure to schedule an inspection. 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 U1340 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. 0) Adopt Resolution No. 2006-142, Approving Rental Housing License Revocation at 3935 Polk Street. This is a new rental property. The owner has not obtained a License nor paid the fees. City Council Minutes September II, 2006 Page 18 of25 Motion by Diehm, second by Williams, to waive the reading of Resolution No. 2006-142, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution No. 2006-142, 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 Oscar Curtis regarding rental property at 3935 Polk Street N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2006-142 Resolution of the City Council for the City of Col. Hgts. approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of that certain residential rental license held by Oscar Curtis (License Holder). Whereas, license holder is the legal owner of the real property located at 3935 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 18, 2006 of an public hearing to be held on September 11, 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 26, 2006 inspection office staff sent a letter requesting the owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on August 18, 2006, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular 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: Failure to return the required application and fees to obtain a rental license for the property, and failure to schedule an inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U3935 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. P) Adopt Resolution No. 2006-143, Approving Rental Housing License Revocation at 4258 2nd Street This property was addressed last spring. The house was vacant for a while and now has renters living there. The owner has failed to obtain the license and to pay the necessary fees. Motion by Williams, second by Diehm, to waive the reading of Resolution No. 2006-143, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, seconded by Diehm, to adopt Resolution No. 2006-143, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City City Council Minutes September II, 2006 Page 19 of25 Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Inez Muirana regarding rental property at 4258 2nd Street N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2006-143 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Inez Muirana ("License Holder"). Whereas, license holder is the legal owner of the real property located at 4258 2nd Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on August 18, 2006 of an public hearing to be held on September II, 2006. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT I. That on August 1, 2006 inspection office staff sent a letter requesting the owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on August 18, 2006, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular 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: Failure to return the required application and fees to obtain a rental license for the property, and failure to schedule an inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U4258 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. Q) Re-Issue Rental Housing License for 4600 Polk St NE The issues against this property have been resolved. Therefore, licensing can be re-instated. Motion by Kelzenberg, seconded by Williams to issue a rental housing license to Ita Ekah to operate the rental property located at 4600 Polk St NE in that the provisions of the residential maintenance code have been complied with. Upon vote: All ayes. Motion carried. R) Re-Issue Rental Housing License for 4612 Polk St NE The issues against this property have been resolved. Therefore, the licensing can be re- instated. Motion by Williams, second by Diehm, to issue a rental housing license to Ita Ekah to operate the rental property located at 4612 Polk St NE in that the provisions of the residential maintenance code have been complied with. Upon vote: All ayes. Motion carried. City Council Minutes September II, 2006 Page 20 of25 Additional Comments *Nawrocki stated that after the last meeting whereby 1615 Fairway Dr was addressed, he has taken another look at the property. It is in very poor condition. The fence is down, the water in the pool is stagnant, and he has referred this to the Fire Dept. Even though the property is in probate, something needs to be done to clean this up. *There also was a discussion regarding Wagamon's property and that he didn't accept the wording in the memo he received regarding the use of this property. He thinks it is very unsightly, and that maybe it's time to implement a commercial maintenance code. Since commercially zoned properties don't require hard surfaced parking, and his business involves repair of old engines and vehicles, there are outdoor storage issues of items that wouldn't be allowed on a residential property. Hoeft advised the council that the only issue they could do something about was the residential property they purchased that they are using to park vehicles on. Sargent stated he hadn't researched that property to the west of the main business location, but he would and then report back to the council. Peterson stated he would go out to talk to Mr. Wagamon and see if they can get him to clean up the site in a friendly manner since he has operated his business at the location for approximately 40 years. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions 1) Adopt Resolution 2006-133, Adopting a Proposed Budget for the Year 2007, Setting the Proposed City LevY, Approving the HRA Levy, Approving a Tax Rate Increase, and Establishing a Budget Hearing Date for Property Taxes Payable in 2007 Elrite reviewed the alternatives that could be adopted by the City Council. He explained that whatever is passed at this meeting is the maximum amount that can be levied. The figure can be reduced once the final budget is adopted, but it cannot be increased. Nawrocki expressed his dismay that the City Manager is not present at this meeting to address this important issue. He didn't feel there should be any increase this year. Last year the increase was to have been 4 'is.%, but in reality turned out to be 8-9%. He stated he thought there was money in reserve and that further cuts could be made to the budgets to ensure the city can meet its expenses out ofthe general operating fund. Williams stated the increase is only estimated to be 2.41 % this year. He pointed out that while market values have increased by over 200% in the last 10 years, tax levies have only increased by 13 % over that same time. Motion by Williams, seconded by Kelzenberg, to waive the reading of the resolution, there being ample copies available for the public. Upon vote: All ayes. Motion carried. Motion by Williams, seconded by Kelzenberg, to adopt Resolution 2006-133 being a resolution adopting a proposed budget, setting the General, Library, and EDA proposed levy at $6,500,613, establishing a budget hearing date for property taxes payable in 2007 for December 4, 2006 at 7 :00 p.m. in the City Council Chambers, approving a tax rate increase, City Council Minutes September I I, 2006 Page 2 I of25 and approving the HRA levy of $176,330. Upon vote: Ayes: Peterson, Kelzenberg, Williams, Diehm. Nay: Nawrocki. Motion carried. RESOLUTION 2006-133 RESOLUTION ADOPTING A PROPOSED BUDGET FOR THE YEAR 2007, SETTING THE PROPOSED CITY LEVY, APPROVING THE HRA LEVY, APPROVING A TAX RATE INCREASE, AND ESTABLISHING A BUDGET HEARING DATE FOR PROPERTY TAXES PAYABLE IN 2007. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: that the following is hereby adopted by the City of Columbia Heights. Section A. The budget for the City of Columbia Heights for the year 2007 is hereby approved and adopted with appropriations for each of the funds listed below. General Fund Community Development Fund Economic Development Fund State Aid Cable Television Library DARE Project Infrastructure Capital Improvement Capital Equipment Replacement Funds Construction Funds Central Garage Fund Liquor Operating Liquor Capital/Non-Operating Water Utility Fund Sewer Utility Fund Refuse Fund Storm Sewer Fund Data Processing Debt Service Fund Total Expense Including Interfund Transfers Expense 8,685,591 881,386 317,228 159,828 190,074 682,060 5,375 156,055 365,500 658,760 955,000 550,169 7,225,307 6,214,700 2,148,338 1,613,395 1,391,506 369,835 268,535 1,794,926 34,633,568 Section B. The estimated gross revenue to fund the budget of the City of Columbia Heights for all funds, including p"~n~r:ll ~l(i vlllor~m tllX l~vi~~ llnrlll~~ of fimrl hlll11nr.~~ ll~ h~r~inllft~r ~~t forth for th~ V~llr )007' General Fund Community Development Fund Economic Development Fund State Aid Cable Television Library DARE Project Infrastructure Capital Improvements Capital Equipment Replacement Funds Construction Funds Central Garage Fund Liquor Operating Liquor Capital/Non-Operating Revenue 8,685,591 881,386 317,228 159,828 190,074 682,060 5,375 156,055 365,500 658,760 955,000 550,169 7,225,307 6,214,700 City Council Minutes September II, 2006 Page 22 of25 Water Utility Fund Sewer Utility Fund Refuse Fund Storm Sewer Fund Data Processing Debt Service Fund Total Revenue Including Interfund Transfers 2,148,338 1,613,395 1,391,506 369,835 268,535 1,794,926 34,633,568 Section C. The following sums of money are levied for the current year, collectable in 2007, upon the taxable property in said City of Columbia Heights, for the following purposes: Estimated General Fund Levy Estimated Library Levy Estimated EDA Fund Levy Total 2007 Levy 5,854,967 504,748 140,898 6,500,613 Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority Tax Levy for the fiscal year 2007 in the amount of $176,330. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: That the public budget hearing is scheduled for December 4,2006 at 7:00 p.m. in the City Council Chambers. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, COUNTY OF ANOKA, MINNESOTA: That the county auditor is authorized to fix a property tax rate for taxes payable in the year 2007 that is higher than the tax rate calculated for the city for taxes levied in 2005, collectable in 2006. BE IT FURTHER RESOLVED: That the city has adequate fund balances and reserves to pay all 2007 Bond principal and interest payments and the county auditor is authorized to cancel all Bond Levies for taxes payable in 2007. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka Countv, Minnesota. 2) Adopt Resolution No. 2006-137, being a Resolution to approve a Conditional Use Permit for Outdoor Storage at 4849 Central Avenue Jeff Sargent, City Planner, reviewed the request and a map of the site showing the location of the storage proposed. Nawrocki was concerned that parking spaces would be taken for these containers. He believes it will only add to the mess currently there. The storage on the south side ofthe building was discussed. Sargent had addressed this with the manager and told him that outdoor storage along the south side of the building is in violation of city codes and they will be cited if it continues. The Manager said people drop off items at all hours, and each morning it is cleaned up. They are trying to solve the problem with the proposed storage containers. The Planning & Zoning Commission recommended approval with a 4-1 vote on September 6, 2006. Diehm stated she had a problem approving a conditional use permit when they currently are in violation of the city code. The point of a CUP is to meet conditions for an allowed use, and they have a track record of not trying to meet conditions already in place. She doesn't think additional outside storage will help clean up the site. She was disappointed that no one from the business was present to answer questions. City Council Minutes September II, 2006 Page 23 of25 Williams was concerned that the new housing project Grand Central Lofts overlooks this site. He would like to see an improvement made, but doesn't want to make it worse. Sargent explained there are conditions outlined in the CUP and those address the location, size, and screening required. He said the process started when he called them and told them they needed to clean up the site. The proposed storage containers would allow them about 1,000 square feet of extra storage. Peterson thought it would be an improvement and if they continue to violate outside storage issues, they need to be cited. Nawrocki asked what penalties are incurred for citations. The City Attorney stated it is up to the judge, but it usually means a monetary fine of$50 - $500 depending on the situation. Repeat violations incur greater fines. He cited examples of other cases in town that have gone to court and what the fines were. Hoeft then counseled the City Council on outdoor storage issues and what approving a CUP would mean. Williams questioned what process would be followed if they don't follow the conditions listed. He was told they could be issued a citation or that a hearing could be held to revoke the CUP and then no outdoor storage would be allowed at all. Motion by Diehm, second by Williams, to table this until the next meeting for further information regarding the location of the containers and the fencing material that will be used to ensure they will comply with the conditions listed in the CUP. Upon vote: All ayes Motion carried. 3) Adopt Resolution No. 2006-138, being a Resolution to approve a Conditional Use Pennit for Outdoor Storage at 5101 University Avenue This was withdrawn by the applicant. Nawrocki stated he is still concerned with this site. It continues to look like ajunkyard and he is concerned with the storage oftires on site. He said it is a fire hazard. Sargent said Mr. Trapp and Mr. Miske are the owners of the property and want to clean the property up. They told Sargent that the tenant called today and said he couldn't comply with the requirements so his lease was terminated effective the end of September. Mr. Trapp asked for an additional 8 days to get the site cleaned up before a new tenant can be found. Sargent stated he had been in contact with Cpt. Roddy in the Police Dept. to see how this can be handled until October 8th. Mr. Trapp indicated he had received 25 citations thus far, and is making every attempt to bring the property into compliance. The City Attorney advised the council and staffto give the property owner a chance to do what he said he would. He also reminded council that commercial properties cannot be abated. Staffwill keep the City Council infonned of the status as it progresses. 4) Adopt Resolutions 2006-153, 154, 155, and 156 for the Denial of Site Plan Approval and Variances for property at 4900 Central Avenue and 4910 Central Avenue. City Council Minutes September 11, 2006 Page 24 of25 The applicant, Border Foods, withdrew his application for site plan approvals and variance requests at noon today, September 11, 2006. Copies of this request were passed out to Councilmembers at the meeting. ADMINISTRATIVE REPORTS Report of the Assistant to the City Manager Magee had nothing further to report. Nawrocki asked about 4152 Cleveland Street and that no progress has occurred there in the last few weeks. He stated there was a large dirt pile in the front near the fire hydrant that needed attention. He also asked to have 3841 3rd Street checked, as there are unlicensed vehicles on site and auto repair going on at the property. He reported that he had received an email from Mark Hinrichs regarding the Silver Lake Pavilion having holes in it and whether it is scheduled for repairs. Report of the City Attorney Nothing further to report CITIZENS FORUM No one wished to speak. COUNCIL CORNER Kelzenberg- . Praised seven members of the CERT team who went to Le Sueur County to help with tornado clean up. . Reminded people to attend the fundraiser held for Tara from NE Bank who is fighting leukemia. The event will be held at Murzyn Hall September 13th from 5:30-8:30 pm. The public is invited to attend. Dinner, music, a silent auction, and games will be held. . Reminded everyone to vote in the primary September 12, 2006. Williams- . He believes the City is continuing to improve and is headed in the right direction. . Watch out for children now that school is back in session. Peterson- . Also reminded people to attend the Tara Fundraiser. She needs our prayers and financial help. . September 11 th is the 5 year anniversary of a great tragedy in our history. Don't forget to thank the servicemen and women who serve to protect our freedoms. Diehm- . Reported that the High School was broken into over the weekend and vandalized. . Two big events are coming up-SACA's 30th Anniversary Party on Saturday, September 23 from 10-4 at 627 38th Avenue. Everyone is invited. . Annual Gala at Crestview on Oct. 13th. More information will be provided at a later date. Nawrocki- . Anoka County had their quarterly meeting and some of the items discussed were: - Homeland Security Function City Council Minutes September II, 2006 Page 25 of25 - A book is now available regarding the Growth Pressures on Sensitive Areas (especially in the metro area) . Next year will be the I 50th Anniversary of Anoka County. They will be selling a book on the history of Anoka County. A mailing will go out featuring events of all the various communities. And an old fashioned Oxcart, reflecting its historical importance, will be used throughout the year to attend some of the functions. . The Northstar advisory committee set their budget. 2/3rd,s ofthe Anoka County's portion of the North Star budget will be the responsibility of Anoka County residents. And he doesn't see a big advantage for Columbia Heights residents since we won't have any stations, and the one that was planned for 61 st Ave in Fridley has been postponed. There will be 5 trains coming into Minneapolis in the morning and 5 returning north during the rush hour at night, with 2 other trains that will be scheduled sometime during the day. . Anoka County set their budget figure at 30 million. Columbia Heights pays for 4% of this amount. ADJOURNMENT Mayor Peterson adjourned the meeting at 10:04 pm \ \ . './\. ( ( C 1-.\ , ,,---' A YJ, .\l.. C:t.., _ l' ~~,(\, \ \ ~ '\ Shelley Hanson/$ecretary "J