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
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