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HomeMy WebLinkAboutOctober 23, 2006 Regular CITY OF COLUMBIA HEIGHTS ADMINISTRA nON Movor Gary L Peterson Councilmembers Robert A. Williams Bruce Nawrocld Tammera Ericson Diehm Bruce Kel:.enberg Citv Manaeer Walter R. F,hst 590 40th Avenue N.E.. Columbia Heights. MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visil Our Website at: www.ci.colllmhia-heighls.mn./Is The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, October 23, 2006 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 763-706-3611, to make arrangements. (lDDI706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALUlNVOCA TION Rev. Janice Bornhoft, First Lutheran Church 2. PLEDGE OF ALLEGIANCE 3. ADDITIONSIDELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS AND GUESTS A) Proclamations - none B) Presentations - none C) Introduction of New Employees - none D) Recognition - none 5. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business. ) A) MOTION: Move to approve the Consent A2enda items as follows: 1) Approve City Council Meeting Minutes for October 9. 2006 re2Ular City Council meeting MOTION: Move to approve the minutes of the October 9,2006 regular City Council meeting as presented. 2) Establish the 2006 General Election Canvas for Fridav. November 10. 2006 at 7:30 a.m. MOTION: Move to establish the Canvass of the 2006 General Election results for Friday, November 10, 2006 beginning at 7:30 a.m. p.m. in the City Council Chambers. 3) Authorize the award of electrical service for Prestemon Park Athletic Field lighting MOTION: Move to award the Prestemon Park Athletic Field lighting electrical service to Aid Electric in the amount of $22,900 based upon their low, qualified, responsible bid with funds to be appropriated from Fund 412-50607-5130; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. City Council Agenda October 23, 2006 Page 2 of7 4) Approve fund transfer - General Fund to Police Department Budget to reimburse Overtime fund. MOTION: Move to transfer $1,587.46 received from Unique Thrift Stores, $775 received from I.C.C. Fun Fest, and $275 received from the Anoka County Predatory Offender Sweep - a total of $2,637.46 from the General Fund to the Police Department 2006 budget under line #1020, Police overtime. 5) Adopt Resolution 2006-214. being a Resolution authorizing application for the Met Council Tax Base Revitalization Account for a sup-plement cleanup grant for Phase I ofthe Industrial Park. MOTION: Move to waive the reading of Resolution No. 2006-214, there being ample copies available to the public. MOTION: Move to adopt Resolution 2006-214, being a Resolution authorizing application for the Met Council Tax Base Revitalization Account for a supplement cleanup grant for Phase I ofthe Industrial Park. 6) Adopt Resolution 2006-215. Accepting the bid for building demolition. removal of contaminated soils and abatement of hazardous materials in the Industrial Park (phase III) MOTION: Move to waive the reading of Resolution 2006-215, there being an ample amount of copies available to the public. MOTION: Move to Adopt Resolution 2006-215, a Resolution accepting the low bid from Veit & Company Inc. for the building demolition, removal of contaminated soil and the abatement/removal of hazardous materials in the Industrial Park (Phase III) in the amount of$914,817.00. 7) Adopt Resolution 2006-217. being a Resolution approving application to MN Dept. of Emplovrnent and Economic Development for a contamination Clean Up Grant and commitment oflocal match. MOTION: Move to waive the reading of Resolution No. 2006-217, there being ample copies available to the public. MOTION: Move to adopt Resolution 2006-217, being a Resolution approving application to MN Dept. of Employment and Economic Development for a contamination Clean Up Grant and commitment oflocal match. 8) A-pprove the items listed for rental housing license applications MOTION: Move to approve the items listed for rental housing license applications for October 23, 2006. 9) Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for October 23,2006 as presented. 10) Approve Payment of Bills MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 118900 through 119070 in the amount of $614,138.38. 6. PUBLIC HEARINGS A) 2nd Reading: Adopt Ordinance 1517. being a Zoning Amendment to the Zoning Code as it relates to Swimming Pools and Portable Pools. MOTION: Move to waive the reading of Ordinance No. 1517, being ample copies available to the public. -2- City Council Agenda October 23, 2006 Page 3 of 7 MOTION: Move to adopt Ordinance No. 1517, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments. B) 2nd Reading: Adopt Ordinance 1516, Zoning Amendment to the Zoning Code as it Relates to Correctional Residential Care Facilities. MOTION: Move to waive the reading of Ordinance No. 1516, being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1516, being an ordinance amending Ordinance No. 1490 City Code of2005, adopting the proposed zoning amendments. C) Adopt Resolution No. 2006-208, being a Resolution for Rental Housing License Revocation at 4244 Washington Street N.E. MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-208, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-208, 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 Scott Barrett regarding rental property at 4244 Washington Street N.E. D) Adopt Resolution No. 2006-209, being a Resolution for Rental Housing License Revocation at 660-662 47-1/2 Avenue N.E. MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-209, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-209, 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 Christopher and Tracy Decker regarding rental property at 660- 66247-1/2 Avenue N.E. E) Adopt Resolution No. 2006-210. being a Resolution for Rental Housing License Revocation at 1204- 1206 Cheery Lane N.E. MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-210, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-210, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5AA08(A) of the rental license held by Joseph Deggendorf regarding rental property at 1204-1206 Cheery Lane N.E. F) Adopt Resolution No. 2006-211. being a Resolution for Rental Housing License Revocation at 1211- 1213 Cheery Lane N.E. MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-211, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-211, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental license held by Ryan Foltz regarding rental property at 1211-1213 Cheery Lane N.E. -3- City Council Agenda October 23, 2006 Page 4 of7 G) Adopt Resolution No. 2006-212, beinl;! a Resolution for Rental Housing License Revocation at 4544 Fillmore Street N.E. MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-212, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-212, 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 Kyle Smith regarding rental property at 4544 Fillmore Street N.E. H) Adopt Resolution No. 2006-213, being a Resolution for Rental Housing License Revocation at 4642 Tavlor Street N.E. MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-213, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-213, 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 Becky Xiong regarding rental property at 4642 Taylor Street N.E. I) Adopt Resolution No. 2006-192, being a Resolution for abatement of violations at 4228 5th Street MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-192, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-192, a resolution of the City Council of the City of Columbia Heights declaring the property at 4228 5th Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. 1) Adopt Resolution No. 2006-193, being a Resolution for abatement of violations at 233 42nd Avenue MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-193, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-193, a resolution of the City Council ofthe City of Columbia Heights declaring the property at 233 42nd Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. K) Adoot Resolution No. 2006-194. being a Resolution for abatement of violations at 3853 Central Avenue MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-194, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-194, a resolution of the City Council of the City of Columbia Heights declaring the property at 3853 Central Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. L) Adoot Resolution No. 2006-195, being a Resolution for abatement of violations at 3713 Quincy Street MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-195, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-195, a resolution of the City Council of the City of Columbia Heights declaring the property at 3713 Quincy Street N.E. a nuisance and approving the abatement of violations from the propertj pursuaht to City Code section 8.206. City Council Agenda October 23, 2006 Page 5 of7 M) Adopt Resolution No. 2006-196. being a Resolution for abatement of violations at 666 40th Avenue MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-196, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-196, a resolution of the City Council of the City of Columbia Heights declaring the property at 666 40th Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. N) Adopt Resolution No. 2006-197. being a Resolution for abatement of violations at 1401-1403 Parkview Lane MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-197, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-197, a resolution of the City Council of the City of Columbia Heights declaring the property at 1401-1403 Parkview Lane N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. 0) Adopt Resolution No. 2006-198. being a Resolution for abatement of violations at 1401-1403 Parkview Lane MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-198, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-198, a resolution of the City Council of the City of Columbia Heights declaring the property at N.E. a nuisance and approving the abatement ofviolatioris from the property pursuant to City Code section 8.206 P) Adopt Resolution No. 2006-199. being a Resolution for abatement of violations at 623 37th Avenue MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-199, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-199, a resolution of the City Council of the City of Columbia Heights declaring the property at 623 37th Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Q) Adopt Resolution No. 2006-200. bein~ a Resolution for abatement of violations at 1412 Parkview Lane MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-200, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-200, a resolution of the City Council of the City of Columbia Heights declaring the property at N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. R) Adopt Resolution No. 2006-201, being a Resolution for abatement of violations at 4701 University Avenue MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-201, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-201, a resolution of the City Council ofthe City of Columbia Heights declaring the property at N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8:206. City Council Agenda October 23, 2006 Page 6 of7 S) Adopt Resolution No. 2006-202. being a Resolution for abatement of violations at 4015 Reservoir Boulevard MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-202, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-202, a resolution of the City Council ofthe City of Columbia Heights declaring the property at 4015 Reservoir Boulevard N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. T) Adopt Resolution No. 2006-203. beinll a Resolution for abatement of violations at 4338 2nd Street MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-203, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-203, a resolution of the City Council of the City of Columbia Heights declaring the property at 4338 2nd Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. U) Adopt Resolution No. 2006-204. being a Resolution for abatement of violations at 4208 Jackson Street MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-204, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-204, a resolution of the City Council of the City of Columbia Heights declaring the property at 4208 Jackson Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. V) Adopt Resolution No. 2006-205. being a Resolution for abatement of violations at 4201 Van Buren Street MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-205, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-205, a resolution of the City Council ofthe City of Columbia Heights declaring the property at 4201 Van Buren Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. W) Adopt Resolution No. 2006-206. beinll a Resolution for abatement of violations at 4207 Van Buren Street MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-206, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-206, a resolution of the City Council of the City of Columbia Heights declaring the property at 4207 Van Buren Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. X) Adopt Resolution No. 2006-207. beinll a Resolution for abatement of violations at 3922 Van Buren Street MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-207, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-207, a resolution of the City Council ofthe City of Columbia Heights declaring the property at 392-2JVan Buren Street N.E. a nuisance and approving the City Council Agenda October 23. 2006 Page 7 of7 abatement of violations from the property pursuant to City Code section 8.206. Y) Adopt Resolution No. 2006-216, being a Resolution for abatement of violations at 4625 Tyler Street Unit #8 MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-216, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2006-216, a resolution of the City Council ofthe City of Columbia Heights declaring the property at 4625 Tyler Street Unit #8 a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. 7. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions - none B) Bid Considerations -none C) Other Business - none 8. ADMINISTRATIVE REPORTS A) Report of the City Manager B) Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular. agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his!her name and address for the record. 10. COUNCIL CORNER 11. ADJOURNMENT WF/pvm -7- OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING OCTOBER 9, 2006 THESE MINUTES HAVE NOT BEEN APPROVED. ;--A-l The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, October 9,2006 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCA TION Rev. Bob Lyndes, Crest View Senior Community, gave the invocation Present: Mayor Peterson, Council member Nawrocki, Councilmember Diehm, Councilmember Kelzenberg Excused: Councilmember Williams PLEDGE OF ALLEGIANCE - recited ADDITIONSIDELETIONS TO MEETING AGENDA Mayor Peterson removed items 6H Abatement of 3717 Reservoir Boulevard and 6N Abatement of 4409 VanBuren Street, in that the properties have come into compliance. PROCLAMATIONS. PRESENT A TIONS. RECOGNITIONS AND GUESTS Proclamations 1) October 2006 Polish- American Heritage Month Mayor Peterson read the proclamation. Gil and Jan Mros, Fran Jensen, Ester Guzik, and Marion Bernard accepted the proclamation. Jensen, Guzik and Bernard were in traditional Polish costume. Gil Mros indicated that Polish classes would begin soon at the Library. He indicated that he is part of the Polish Genealogy Society and can assist anyone with questions. Peterson thanked the three ladies for coming in their Polish attire. Peterson indicated that the clock tower was set today to play polish music at 1 p.m., 6 p.m., and 9 p.m. He encouraged everyone to stop by and listen. 2) Toastmasters Month- 820d Anniversary Mayor Peterson read the proclamation. He thanked the Toastmaster Association for their program and generated a around of applause. RecognitionlInformation 1) Sister City Committee - Lomianki Children's Hospital Fundraiser Dorothy Penate, Committee Chairperson, announced the benefit dinner next Sunday for the Lomianki Children's Hospital. It will be a spaghetti dinner, with entertainment, an international store, silent auction, raffle and cash donations will be accepted. A year ago our group visited this hospital and they are very needy. They now need beds. Last year we donated 240 wheelchairs. She thanked Councilmember Nawrocki for all the tickets he has sold. She complimented the committee for their hard work. 2) Recreation Department - Activity Fund donation Liz Bray, Recreation Coordinator, thanked the Columbia Heights Activity Fund and their president, Gary Peterson for the purchase of sound and stage equipment. She indicated this is one of the many projects the Columbia Heights Activity Fund has donated to. Patrick Lund, sound person for the High School, stated his pleasure for this donation, for an activity such as theatre, allowing children to continue to learn at an early age. Bray indicated that Lund would be teaching a class this winter for lighting and sound. Peterson gave credit to the other members of the Activity Fund for their hard work. Nawrocki stated that we should not forget to thank the other organizations in the community such as the Bo?sters, Lions, Kiwanis C.lub, and Par~~t0'eacher groups, and the taxpayers that pay for the recreatIOn program and other CIty programs. City Council Minutes October 9, 2006 Page 2 of 26 Nawrocki stated last Sunday was the 25th Twin Cities Marathon and we had a lady from Columbia Heights that finished in the top 100 women. Her name is Kelly Farris. CONSENT AGENDA Walt Fehst, City Manager, took Councilmembers through the Consent Agenda. Nawrocki requested to remove items #3, #5, and #6 for discussion. I) Approve City Council meeting minutes removed a) Motion to approve the minutes of the September 25, 2006 regular City Council meeting as presented. b) Motion to approve the minutes of the October 2,2006 Huset Parkway Street Improvement Special Assessment Levy Hearing c) Motion to approve the minutes of the October 2,2006 Zone lA Seal Coating Special Assessment Levy Hearing d) Motion to approve the minutes of the October 2,2006 Zone 7B and lA Street Rehabilitation Special Assessment Levy Hearing 2) Accept Boards and Commissions Meeting Minutes a) Motion to accept the minutes of the September 5,2006 Library Board of Trustees meeting. b) Motion to accept the minutes of the October 3,2006 Planning and Zoning Commission meeting. 3) Establish Work Session meetin~ date for Monday, October 16,2006, becinnine: at 7:00 p.m. in Conference Room 1. - Removed 4) Approval of premises permit application Class B for Boosters to conduct charitable e:amblin~ Motion to direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the issuance of a Class B premises permit for the Columbia Heights Athletic boosters Club in conjunction with activities at Star Central, 4005 Central Avenue NE, Columbia Heights, Minnesota; and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. 5) Adopt Resolution No. 2006-174, being a Resolution ordering preparation ofFeasibilitv Report for Zones IB, 2 and 3 Street Rehabilitation Proe:ram - removed 6) Adopt Resolution No. 2006-175, bein~ a Resolution ordering preparation ofFeasibilitv Report for Zone 7 Seal Coat Program - removed 7) Approve Final Payment for Seal Coat Proiect #0601 Nawrocki indicated that people had comments at the hearing on the poor quality of work done. He had asked if other communities had any problems. Fehst stated that he and Kevin Hansen, Public Works Director, went to St. Anthony and checked their project. They use a different process, which is more expensive. Hansen stated that he went to the home where the owner complained of bad work and there was a twelve inch spot that had more emulsion than necessary, but the base was there. Hansen stated that he contacted Fridley, partner in our joint purchasing group, and they did not have problems. Our streets were checked and they are sealed, with a few cosmetic flaws. He described the emulsion and trap rock that is processed for seal coating. Peterson asked if anyone present wished to al:\dress this. There was no response. City Council Minutes October 9,2006 Page 3 of 26 Peterson stated that he brought up "if anyone had comments" because a few weeks ago a person felt he did not get an opportunity to speak. He apologized to him and stated that everyone is welcome to his or her opinion. Motion to accept the work for 2006 Seal Coat, City Project #0601 and, authorize final payment of $2,466.40 to Allied Blacktop company of Maple Grove, Minnesota. 8) Award of floor coating for main garage floor of Municipal Service Center Nawrocki questioned the cost the last time this work was done. Hansen stated six years ago at a cost of$22,000. Motion to award the garage floor coating project to the Doctor Floorcoat Company in the amount of $25,080.00 based upon their low qualified responsible bid with funds to be appropriated from 701- 49950-5120; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. 9) Adollt Resolutions. levvinl! the assessments for miscellaneous projects and delinquent utility accounts. Nawrocki questioned resolution 2006-172 being only a 10 year assessment and stated that we have gone longer for repayment. Jim Hoeft, City Attorney, stated that abatement assessments could not be longer than ten years. Nawrocki asked what the tree assessments are for. Bill Elrite, Finance Director, stated they are for diseased tree removal. Nawrocki stated that we should do more competitive biding for grass cutting. Hansen stated that the contract is competitively bid each year, on an hourly rate. Nawrocki stated that $185 is a lot to cut a small lot. Hoeft stated that those involved with abatement assessments have received notice of this meeting. Peterson asked if anyone had comments on these items. There was no response Motion to waive the reading of Resolutions No. 2006-191, 2006-171, 2006-172, and 2006-173 there being ample copies available to the public. Motion to adopt Resolution 2006-191 being a resolution to Certify Petition and Waiver Assessments, Resolution 2006-171 being a resolution for Assessment for Abatements Project No. 2006-SP-49-002, Resolution 2006-172 being a resolution for Assessment for Abatements Project No. 2006-SP-49-001, and Resolution 2006-173 being a resolution for Certification of Delinquent Utility and Miscellaneous Charges certifying assessments to Anoka County for collection with the property taxes payable in 2007. Resolutions 2006-171.2006-172,2006-173 and 2006-191 have been placed at the end of this document. 10) Approve the items listed for rental housing license applications for October 9. 2006 Motion to approve the items listed for rental housing license applications for October 9,2006. 11) Approve Business License Applications Motion to approve the items as listed on the business license agenda for October 9,2006 as presented. 12) Approve Payment of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 118710 thro(\gh 118899 in the amount of $992,873 .31. City Council Minutes October 9, 2006 Page 4 of26 Motion by Nawrocki, second by Diehm, to approve the Consent Agenda items with the exception of items 3, 5, and 6. Upon vote: All ayes. Motion carried. 3. Establish Work Session meeting date for Mondav. October 16. 2006. beginning at 7:00 p.m. in Conference Room 1. Nawrocki stated that it was agreed upon, as three individuals have another meeting that night, to not hold work sessions on the third Monday of the month. Fehst stated that Councilmembers requested this date, as every other day that week was not available. Peterson stated that members try to work around that date, but we could not meet the rest of that week or the following week. We will attempt to keep the third Monday clear. Nawrocki questioned Thursday evening. Diehm stated that there is a Charter meeting and candidate forum that night. Nawrocki stated that early on the council spoke as a body on these dates. Diehm questioned what the work session item would be. F ehst stated an update on the community center study and update on the liquor store. Diehm suggested we hold these meetings prior to the Council meeting, stating that even though the time would be limited everyone would be more available. Fehst suggested October 23rd at 6:00 p.m. Peterson stated that Councilmember Williams is out oftown that day, but agreed with October 23rd at 6:00 p.m. Motion by Kelzenberg second by Diehm to establish a Work Session meeting date for Monday, October 23, 2006 beginning at 6:00 p.m. in Conference Room 1 to discuss community center committee activity and update on the liquor store. Upon vote: All ayes. Motion carried. 5. Adopt Resolution No. 2006-174. being a Resolution ordering preparation of Feasibilitv Report for Zones lB. 2 and 3 Street Rehabilitation Program Nawrocki stated that people in these areas should know what the boundaries are and what the possible assessments could be. Hansen described the 2007 Zone 3 area, which is basically east of Central and east of Reservoir. He listed the 2006 construction costs. There was an increase to costs because of oil and bituminous. Motion by Nawrocki, second by Diehm, to waive the reading of Resolution No. 2006-174, there being ample copies available for the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2006-174, being a Resolution ordering the preparation of a Feasibility Report for Zones 1B, 2 and 3 Street Rehabilitation Program. Upon vote: All ayes. Motion carried. Hansen pointed out that if the projects proceed, notices would be mailed. Peterson stated that is normal procedure. RESOLUTION NO. 2006-174 BEING A RESOLUTION ORDERING THE PREPARATION OF REPORTS ZONES IB 2, AND 3 STREET REHABILITATION PROJECT #0702 WHEREAS, the City Council of Columbia Heights is proposing to rehabilitate local streets in Zones IB, 2 and 3 that have not been rehabilitated under the street program. WHEREAS, the City Council intends to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Seption 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section 103B.201 to 103B.251, as follows: City Council Minutes October 9, 2006 Page 5 of 26 2007-02 ZONES IB, 2 AND 3 STREET REHABILITATION PROGRAM NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. 6. Adopt Resolution No. 2006-175, being a Resolution ordering preparation of Feasibility Re1JOrt for Zone 7 Seal Coat Program Nawrocki again requested to know the physical area and the possible costs. Hansen stated that we stay one year behind the street reconstruction with seal coating, so we would be doing Zone 7B, which is both sides of University Avenue. He listed the 2006 cost for seal coating. Motion by Nawrocki, second by Diehm, to waive the reading of Resolution No. 2006-175, there being ample copies available for the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2006- 175, being a Resolution ordering the preparation of a Feasibility Report for Zone 7 Seal Coat Street Rehabilitation Program, Project #0701. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2006-175 BEING A RESOLUTION ORDERING THE PREPARATION OF REPORTS ZONE 7 SEAL COAT REHABILITATION PROGRAM PROJECT #0701 WHEREAS, the City Council of Columbia Heights is proposing to rehabilitate local streets in Zone 7 have not been rehabilitated under the street program. . WHEREAS, the City Council intends to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section 1038.201 to 103B.251, as follows: 2007-01 ZONE 7 SEAL COAT REHABILITATION PROGRAM NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. PUBLIC HEARINGS A. Second reading: - Adopt Ordinance No. 1514. being an Ordinance providing for the issuance and sale of approximately $4.430.000 General Obligation Improvement/Utilitv Revenue Bonds. Series 2006A Bill Elrite, Finance Director, stated the first reading of this ordinance was on September 25,2006. This is to provide funding for city projects; the major item being Huset Parkway $2,391,000 with the rest for street construction, utility work and water tower work. Nawrocki asked what other outstanding bonds we have. Elrite stated that we have one TIF bond and two public improvement bonds. Nawrocki asked if there are other commitments of funds in those bonds. Elrite stated yes, for the storm sewer and water fund estimated at about $2,000,000 or $3,000,000. Nawrocki referred to the chart in the council packet and asked what the five percent is for. Elrite stated the chart was put together by our financial consultant, Ehlers and Associates and described the principal and interest columns. Nawrocki referred to the underwriting agreements and the need to receive competitive bids on the debt service interest. Fehst stated there was an exclusive agreement resolution passed by Council. Nawrocki stated that he was not on the Council during some of those years. He indicated the desire to hear what the other groups bid. Peterson stated that the council letter indicates there would be competitive bids brought forth, mNovember. City Council Minutes October 9,2006 Page 6 of 26 Peterson asked if anyone wished to comment on this topic. There was no response. Motion by Kelzenberg, second by Diehm, to close the public hearing and waive the reading and close the public hearing, of Ordinance No. 1514, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm to adopt Ordinance No. 1514 being an ordinance providing for the issuance and sale of approximately $4,430,000 in General Obligation Improvement and Utility Revenue Bonds, Series 2006A. Upon vote: All ayes. Motion carried. ORDINANCE NO. 1514 ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF APPROXIMA TEL Y $4,430,000 GENERAL OBLIGATION IMPROVEMENT AND UTILITY REVENUE BONDS, SERIES 2006A THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN: 1. It is hereby determined that: (a) The City has duly ordered the assessable public improvements designated as Zone 7B/IA 2006 Street and Utility Improvements and Huset Parkway Improvements (the Assessed Improvements) pursuant to the provisions of Minnesota Statutes, Chapter 429 (Improvement Act). (b) The City has also proposed or constructed certain improvements to the City's storm sewer, water and sanitary sewer systems (the Utility Improvements) that will be financed with utility system revenues pursuant to the provisions of Minnesota Statutes, Chapter 444 (Utilities Act). (c) It is necessary and expedient to the sound financial management of the affairs of the City to issue General Obligation Improvement and Utility Revenue Bonds Series 2006A (Bonds) in a principal amount not to exceed $4,430,000 pursuant to the Improvement Act, the Utilities Act and the City Charter, to provide financing for the Assessed Improvements and the Utility Improvements. 2. Ehlers & Associates is authorized to negotiate the sale of the Bonds in the maximum principal amount specified in Section 1, in accordance with terms of proposal approved by the City Finance Director. The City Council win meet on Monday, November 13, 2006 or such other date specified by the City Manager in accordance with the City Charter, to consider the sale of the Bonds and take any other appropriate action with respect to the Bonds. 3. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. B. Second reading - Adopt Ordinance No. 1512. being an Ordinance changing the street name of sections of 39th Avenue and Jefferson Street to Huset Parkway and changing the street name of Madison Place to Jefferson Street Peterson suggested splitting the motion. Hansen indicated this would change the newly constructed area to be known as Huset Parkway. The boundary is on the south side of3tb where Huset Parkway comes up to 5th Street and then from 51h Street to 39th Avenue over to Jefferson and Jefferson would be changed to 40th Avenue to Huset Parkway. This would stay in line with the original study. The second change would be Jefferson Street from 3 9th Avenue to 37th Avenue. Peterson asked if there were any comments on the Huset Parkway portion of the motion. There was no response. Hansen stated the Jefferson Street segment of 39th goes to the top ofthe hill and changes to Madison, so staff recommends changing that to the continuous name of Jefferson Street. It would affect two businesses and one residence. 3727 Madison Street owners are objecting to the name change. - 13 - City Council Minutes October 9, 2006 Page 7 of26 Kelzenberg stated his sympathy toward the resident. Peterson stated that if it was changed from Madison Place to the circle we would have to notice the others affected. Diehm asked if the Police Chief had any concerns with a name change. Police Chief Tom Johnson stated that continuing Jefferson Street would be easier as it would be continuous and felt the Fire Department would agree. Nawrocki pointed out that we bought sign posts with the new names before they have been changed. He stated that the directions of the signs are off. Nawrocki indicated that a resident was unhappy that she did not receive notice of the first reading. They are out of town for this meeting, so they sent a letter to Councilmembers with their concerns. Nawrocki suggested changing Jefferson to Madison Street instead. Diehm suggested leaving it as it is now, and if and when the house goes up for sale to change it. Hansen referred to the confusion of the street names with each ending at a hill and not at a crossing. Peterson indicated the desire to accommodate the homeowner. Nawrocki suggested to remove section 2 and renumber section 3 of the ordinance. Peterson agreed. Hoeft indicated that the heading would also need to be changed. Motion by Kelzenberg, second by Diehm, to close the public hearing and to waive the reading of Ordinance No. 1512, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Ordinance No. 1512, being an Ordinance changing the street name of sections of 39th Avenue and Jefferson Street to Huset Parkway. Upon vote: All ayes. Motion carried. ORDINANCE NO. 1512 BEING AN ORDINANCE CHANGING THE STREET NAME OF SECTIONS OF 39th AVENUE AND JEFFERSON STREET TO HUSET P ARKW A Y The City of Columbia Heights does ordain: Section 1: The name of39th Avenue from Sth Street to Jefferson Street and Jefferson Street from 39th Avenue to 40th Avenue is hereby changed and shall hereafter be known and renamed as Huset Parkway, and Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. C. Adopt Emergency Ordinance No. 1518. being an interim Ordinance protecting the planning process and regulating Class "A" Liquor Licenses. Jeff Sargent, City Planner, recommended a one year moratorium to regulate Class "A" liquor licenses. There are two current licenses. He indicated the numerous police calls to the nightclub facility, which requires more than one officer to respond. This request would allow staff time to find alternate solutions. Nawrocki asked what other liquor licenses are available. Sargent stated there is a Class B license available, which requires 60 percent of sales be food and 40 percent can be liquor. It has been the city's preference in the past for this type of license, focusing on people going out to eat and having a drink. Motion by Nawrocki, second by Diehm, to waive the reading of Emergency Ordinance No. 1518, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Emergency Ordinance No. 1518, being an Interim Ordinance for the purpose of protecting the planning process and the health, safety, and welfare of city residents; and regulating establishments requiring a Class "A" liquor license in the city. Upon vote: All ayes. Motion carried. - 14- City Council Minutes October 9, 2006 Page 8 of 26 EMERGENCY ORDINANCE NO. 1518 AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS; AND REGULATING BUSINESSES ABLE TO CARRY A CLASS "A" LIQUOR LICENSE The City of Columbia Heights does ordain: Section 1: On May 29, 2001, the City of Columbia Heights adopted Ordinance 1428, which is an ordinance relating to and establishing a Zoning and Development plan and revised Zoning Map for the City of Columbia Heights; and, Section 2: Ordinance 1428 and subsequent amendments is officially known as the Columbia Heights Zoning and Development Ordinance; and, Section 3: The Columbia Heights Zoning and Development Ordinance divides the City into five residential districts, three business districts, and two industrial districts, one mixed development district; and, Section 4: The three business districts are further classified in the Columbia Heights Zoning and Development Ordinance as LB, Limited Business District, GB, General Business District, and CBD, Central Business District; and, Section 5: The City Council determines it is necessary to undertake a land use study to determine the impact establishments carrying a Class "A" Liquor License have on the community, including specifically defining the types of businesses that are able to carry a Class "A" liquor license, if these types of businesses should be allowed in the City, and if so, how close to residential uses they should be located; and, Section 6: The Columbia Heights City Council fmds it necessary and appropriate to prohibit the expansion of existing facilities using Class "A" liquor licenses and the introduction of new facilities using Class "A" liquor licenses within the City, while the information is gathered regarding existing establishments with a Class "A" liquor license so as to obtain an accurate depiction of the effects such establishments have in Columbia Heights; and, Section 7: Minnesota Statues, Section 462.355, Subd. 4 allow the City of Columbia Heights to adopt this Interim Ordinance to protect the planning process. The City Council finds that adoption of this Interim Ordinance will protect the planning process and the health, safety and welfare of its citizens while the study provided for in this Ordinance is being conducted; and, Section 8: The Columbia Heights City Council hereby imposes a moratorium on businesses requiring a Class "A" liquor license in the LB, Limited Business District, GB, General Business District, and CBD, Central Business Districts effective immediately and terminating in one year (October 9, 2007), and recognizing said time period may be shortened by adoption of an Emergency Ordinance by the City Council. Section 9: Activities affected by this moratorium include the establishment of businesses requiring a Class "A" liquor license and the expansion of businesses requiring a Class "A" liquor license within LB, Limited Business District, GB, General Business District, and CBD, Central Business Districts in the City of Columbia Heights for the purpose of protecting the planning process pending completion. Section 10: This Ordinance shall be in full force and effect immediately. B) Adopt Resolution No. 2006-176. being a Resolution for Rental Housing License Revocation at 4905 5th Street Fire Chief Gary Gorman stated there are two items left to repair. Peterson asked ifthere was anyone in the audience to address this item. There was not. Motion by Dielun, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-176, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Dielun, second by Kelzenberg, to adopt Resolution No. 2006-176, Resolution of the City Council of the City of Columbia Heights alPproving revocation pursuant to City Code, Chapter City Council Minutes October 9, 2006 Page 9 of 26 5A, Article IV, Section 5AA08(A) of the rental license held by As-Siddiq Enterprises regarding rental property at 4905 5th Street N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2006-176 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section SAA08(A) of that certain residential rental license held by As-Siddiq Enterprises (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4905 5th Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SAA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 7, 2006 of an public hearing to be held on October 9,2006. 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 July 31, 2006, inspectors for the City of Columbia Heights, inspected the property descnbed above and noted fifteen violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on September 7, 2006, inspectors for the City of Columbia Heights, reinspected the property and noted six violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on October 2, 2006, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted two violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: a. Failure to correct RMC violations. The violations are as follows; i. Shall repair the chain link fence in front that is missing a large section. ii. Shall repair the kitchen cabinets. 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 SA, Article ill 5A.306 and SA.303(A). ORDER OF COUNCIL I. The rental license belonging to the License Holder described herein and identified by license number F7842 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. C) Adopt Resolution No. 2006-177. being a Resolution for Rental Housing License Revocation at 3810-12 3 rd Street Gorman stated there is outside storage, trash and miscellaneous items. Peterson asked ifthere was anyone in the audience to address this item. There was not. Motion by Nawrocki, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-177, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Kelzenberg, to adopt Resolution No. 2006-177, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) ofthe rental license held by Bob Landucci regarding rental property at 3810-12 3rd Street N.E. Upon vote: All ayes. MqijQD carried. City Council Minutes October 9, 2006 Page 10 of 26 RESOLUTION 2006-177 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article N, Section SAA08(A) of that certain residential rental license held by Bob Landucci (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3810-12 3rd Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article N, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 5, 2006 of an public hearing to be held on October 9,2006. 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 August 23, 2006, inspectors for the City of Columbia Heights, inspected the property described above and noted one violation. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on September S, 2006, inspectors for the City of Columbia Heights, reinspected the property and noted one violation remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on October 2, 2006, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted one violation remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: a. Failure to correct RMC violations. The violations are as follows; i. Shall remove aWany outside storage from the property. ii. ALL TRASH, APPLIANCES, MISC. DEBRIS. 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 F7649 is hereby revoked 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. D) Adopt Resolution No. 2006-178. being a Resolution for abatement of violations at 4148 Ouincv Street Gorman stated the landscape issue is gone, but Band C still remain. Peterson asked if there was anyone in the audience to address this item. There was not. Motion by Diehm, second by Kelzenberg, to close the public hearing, remove item "A", and waive the reading of Resolution No. 2006-178, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg to adopt Resolution No. 2006-178, a resolution of the City Council of the City of Columbia Heights declaring the property at 4148 Quincy 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 2006-178 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 Roman Pavon (Hereinafter "Owner of Record"). - 17 - City Council Minutes October 9,2006 Page 11 of26 Whereas, the owner of record is the legal owner of the real property located at 4148 Quincy 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 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 August 3, 2006 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 11, 2006, inspectors reinspected the property listed above. Inspectors noted that three 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 October 2,2006, inspectors reinspected the property and found that three violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall cut down all/any scrub growth in the following locations along alley. B. Shall remove all/any outside storage from the property. i. Wood ii. Tire iii. Old cooler iv. Cardboard boxes v. Buckets. 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 4148 Quincy 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 4148 Quincy 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 E) Adopt Resolution No. 2006-179. being a Resolution for abatement of violations at 1611 37th Avenue Gorman stated the violation is for outside storage. Nawrocki questioned the garage door. Gorman stated those items were brought to council in August and we are now obtaining bids for the work. These are additional items. Peterson asked ifthere was anyone in the audience to address this item. There was not. Motion by Kelzenberg, second by Nawrocki, to close the public hearing and to waive the reading of Resolution No. 2007-179, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Nawrocki, to adopt Resolution No. 2006-179, a resolution of the City Council of the City of Columbia Heights declaring the property at 1611 37th Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. - 18 - City Council Minutes October 9, 2006 Page 12 of26 RESOLUTION 2006-179 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 Mohamed M. Essa and Indadeeq Omar (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 1611 37th 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 September 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 I. That on July 27, 2006 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 7,2006, 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 October 2, 2006, inspectors reinspected the property and found that two violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: a. Shall remove/throwaway the construction debris in the front yard. b. Shall remove the office chair sitting in the front 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 1611 37th 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 1611 37th 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 F) Adopt Resolution No. 2006-180, bein2 a Resolution for abatement of violations at 3717 Reservoir Boulevard Removed G) Adopt Resolution No. 2006-181, being a Resolution for abatement of violations at 3828 Ouincv Street Gorman stated the list of items to be corrected, including outside storage. Peterson asked if there was anyone in the audience to address this item. There was not.. Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2006-181, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2006-181, a resolution of the City Council of the City of Columbia Heights declaring the property at 3828 Quincy Street N.E. a nuisance and approving the abatement ofviola!ip~~ from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. ~ City Council Minutes October 9, 2006 Page 13 of26 RESOLUTION 2006-181 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 Scott Uliff and Marlys Daum (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3828 Quincy 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 September 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 I. That on July 27, 2006 an inspection was conducted on the property listed above. Inspectors found six violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 7, 2006, inspectors reinspected the property listed above. Inspectors noted that 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 October 2,2006, 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 Codes(s) were found to exist, to wit: a. Shall paint or seal or stain the bare wood on the garage overhead door. b. Shall cut/remove the tall grass throughout the yard. c. Shall cut/remove all/any scrub growth from along the fence. d. Shall repair the chain link fence along the driveway. e. Shall remove all/any outside storage from the property: office chair, wood, plywood, two bike frames, and vehicle tires 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL I. That the property located at 3828 Quincy 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 3828 Quincy 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. H) Adopt Resolution No. 2006-182. being a Resolution for abatement of violations at 3931 Jackson Street Gorman stated that the only item is a sidewalk that is raised from a tree root. Peterson asked ifthere was anyone in the audience to address this item. There was not. Motion by Kelzenberg, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2006-182, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion Kelzenberg, second by Diehm, to adopt Resolution No. 2006-182, a resolution of the City Council ofthe City of Columbia Heights declaring the property at 3931 Jackson Street N.E. a nuisance and approving the abatement of violations from:!be property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. City Council Minutes October 9, 2006 Page 14 of26 RESOLUTION 2006-182 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 Stephen T. Burson (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3931 Jackson 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 September 12, 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 11, 2006 an inspection was conducted on the property listed above. Inspectors found four violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 12, 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 October 3, 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. Shall repair sidewalk: where it has heaved up approx. 10-12 inches in rear of property. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(8). CONCLUSIONS OF COUNCIL I. That the property located at 3931 Jackson 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 bearing, and any other bearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL I. The property located at 3931 Jackson 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. I) Adopt Resolution No. 2006-183, being a Resolution for abatement of violations at 4006 4th Street Gorman stated this is a vacant lot and the request is to plant seed or sod in the area. Peterson asked if there was anyone in the audience to address this item. There was not. Motion by Diehm, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2006-183, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2006-183, a resolution of the City Council of the City of Columbia Heights declaring the property at 4006 4th 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 2006-183 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,-Ol1C-ity Code, of the property owned by Vladmir Yevsin (Hereinafter "Owner of Record"). City Council Minutes October 9, 2006 Page 15 of26 Whereas, the owner of record is the legal owner of the real property located at 4006 4th Street N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 12,2006 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 10, 2006 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on September 12, 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 October 3, 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: i. Shall seed/sod/landscape large bare areas of yard. 5. That an 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 4006 4th 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 4006 4th 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 J) Adopt Resolution No. 2006-184. being a Resolution for abatement of violations at 4064 Reservoir Boulevard Gorman stated the requirement is to scrape and paint the house. The garage has been completed. Diehm asked if we are working with the homeowner. Gorman stated that the owner has received extensions and as long as he makes progress through the fall we will not do anything. William Wilke, 4046 Reservoir Boulevard, stated that he is the owner, is handicapped and works full time. He has the gutters and downspouts purchased, and wants to remove all the paint so he can prime it and paint it properly. He has painted the dormer and is replacing a window. He requested a year to finish the project. Peterson questioned the Fire Chief on the home's progress. Gorman stated that the process during the last month has been fine. The original notice was in June and there was a 30 day extension. Gorman requested that Council proceed with the hearing and the department would continue to work with the owner. If the weather does not cooperate we will extend it to next June with a reminder letter in April. Diehm asked if we approve this and the weather does not cooperate, does the Fire Chief have the ability to follow through on this next June. Gorman stated yes. - 22- City Council Minutes October 9, 2006 Page 16 of26 Kelzenberg asked the owner ifhe would be able to get the work done by next June. Wilke thought he could. Peterson directed staff to work with the owner, allowing completion by next June. Gorman requested that the owner continue to work while the weather cooperates. Peterson requested reasonable progress. Diehm indicated that many owners do not even come to the meeting and do not care if the work is done. Wilke referred to neighbor's complaints and to his boat being checked for being on a hard surface three times. Hoeft stated that when an individual reports or complains on another property, that is not public information. Motion by Kelzenberg second by Diehm, to delete the garage from the resolution and to close the public hearing and to waive the reading of Resolution No. 2006-184, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2006-184, a resolution of the City Council of the City of Columbia Heights declaring the property at 4064 Reservoir Boulevard 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 2006-184 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 William 1. Wilke Jr. (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4064 Reservoir Boulevard 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 September 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 June 27,2006 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 7, 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 October 2, 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: Shall scrape and paint the house. S. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4064 Reservoir Boulevard 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 I. The property located at 4064 Reservoir Boulevard N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all rele!!yu parties and parties in interest. City Council Minutes October 9, 2006 Page 17 of26 K) Adopt Resolution No. 2006-185. being a Resolution for abatement of violations at 4108 Ouincy Street Gorman stated this is for repairs needed to garage siding. "To match garage" should be removed from the resolution. Peterson asked if there was anyone in the audience to address this item. There was not. Motion by Diehm, second by Kelzenberg, to remove "to match garage", to close the public hearing and to waive the reading of Resolution No. 2006-185, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2006-185, a resolution of the City Council of the City of Columbia Heights declaring the property at 4108 Quincy 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 2006-185 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 Jason Block. (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4108 Quincy 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 September 13, 2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 8, 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 September 13,2006, 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 October 2, 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: Repair Northwest comer of garage. Structural members and siding will need to be replaced. 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 4108 Quincy 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 4108 Quincy 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. L) Adopt Resolution No. 2006-186. being a Resolution for abatement of violations at 4409 Van Buren Street Removed - 24- City Council Minutes October 9, 2006 Page 18 of26 M) Adopt Resolution No. 2006-188, being a Resolution for abatement of violations at 4949 Jackson Street Gorman stated there was a complaint of broken basement windows. The windows were boarded up as an immediate abatement. Peterson asked if there was anyone in the audience to address this item. There was not. Motion by Kelzenberg, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2006-188, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2006-188, a resolution of the City Council of the City of Columbia Heights declaring the property at 4949 Jackson 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 2006-188 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 Mylappen Nagappan (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4949 Jackson 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 September 20,2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on September 5, 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 September 20, 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 22, 2006, inspectors and contractors reinspected the property and found that one violation remained uncorrected. The Fire Chief ordered an immediate abatement to correct the violation. 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 replace the missing basement windows on the 4949 side of the structure. There are two basement windows that are completely missing. The contractor boarded the windows up on September 22, 2006. 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 4949 Jackson Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order. 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 4949 Jackson 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. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions - 25- City Council Minutes October 9,2006 Page 19 of26 1) First reading of Ordinance No. 1515, Zoning Amendment as it relates to the GR General Business District and Auto Lots Sargent indicated the change to the general business district would be specifically for new and used auto lots. In the general business district we allow new and used sales with a conditional use permit. The proposed changes would refine what could be done in the district, allowing a new car lot with 30% for used car sales, and a used car lot if within an enclosed building. It is recommended to rezone an area to general business automotive (GBA). This new zone would allow an outdoor used car lot. Sargent stated that the Planning and Zoning Commission (P&Z) recommended leaving 40th and University as General Business. Nawrocki questioned why the south side of 45th and University Avenues was not included, as there are a lot of residences in this area. He stated his preference to not have a GBA district. Sargent stated it was an attempt to allow somewhere in the city for this type of business. Nawrocki stated that was not the directive of council. We still have the business at 51 st and University that was to be cleaned up by now. We should take action to eliminate this kind of thing. Sargent referred to the design guidelines that are in place. Peterson asked if there was anyone in the audience to address this item. There was not. Diehm stated that when the moratorium expired we put in place conditional use permits for car dealerships of any sort. Sargent stated yes, but with this used car lots on Central would have to be enclosed but allow open lots along University. Diehm clarified that Councilmember Nawrocki would like University also restricted to enclosed buildings for used cars. Nawrocki agreed. Peterson stated this recommendation was derived froin extensive discussion by the P&Z. Sargent stated that 51 st and University would only be allowed used car sales through a conditional used permit and a license to sell vehicles by council approval. They do not have that at this time. Kelzenberg indicated this would allow for better control of that property. Peterson asked ifthere is an urgency for this. Sargent stated that we have received several requests for used car lots since the moratorium lapsed. Diehm asked if this is more restrictive. Sargent stated it would be restrictive in the requirement of an enclosed building. Motion by Nawrocki to elimination of any reference to a GB-A district and waive the reading of Ordinance No. 1515, there being ample copies available to the public. Seconded by Diehm for the purpose of discussion. Hoeft indicated that if this motion does pass, the second reading would not have a GBA district reference. If there were a substantial change at that meeting, it would require a new first reading. Peterson suggested the second reading be held at the first meeting in November when Councilmember Williams would be present, as he has expertise in this area. Upon vote: All ayes. Motion carried. Diehm stated that P&Z member Fiorendino also questioned the total restriction, and she asked Sargent ifhe sees any problems with this. Sargent stated that owners should be given the opportunity to conduct their business somewhere in our city. There will not be many that can afford to build or remodel an enclosed building for used car sales. Peterson questioned if this would eliminate sales. City CQuncil Minutes October 9,2006 Page 20 of26 Hoeft stated there would be additional costs for operating under this condition, but would not eliminate the possibility. Diehm asked if this would result in any non-conforming uses. Sargent stated that he would have to research this. Peterson stated this would include Dave's cars. Sargent stated he would have to receive legal advise on this. Hoeft stated that if they are conforming now and are not conforming under this, they would be allowed to continue until their license lapses or they are not active for six months. Diehm asked if that includes renewal of the license. Hoeft stated that we accept the state license and if they continue to qualify they will be conforming. Nawrocki stated that the business across the street began as repair, but has now twisted to sales. Hoeft stated the history of the property would have to be reviewed. Motion by Kelzenberg, second by Diehm, to establish the second reading of Ordinance No. ISIS for Monday, November 13,2006 at approximately 7:00 p.m. in the City Council Chambers. Diehm stated she will contact P&Z members for their opinion and asked that residents also offer their opinions. Upon vote: All ayes. Motion carried. 2) First reading of Ordinance No. 1516. Zoning: Amendment as it relates to Correctional Residential Care Facilities Sargent stated that there was a request on March 8 to place a correctional residential care facility one-halfway into Columbia Heights next to a drug and alcohol transition facility. There was a moratorium in place at that time. Staff is recommending an amendment to the zoning code to define the term and permit this use in the II and 12 districts, no closer that 1,300 feet to another such facility. Motion by Kelzenberg, second by Diehm, to waive the reading of Ordinance No. 1516, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to establish the second reading of Ordinance No. 1516 for Monday, October 23,2006 at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. 3) First reading of Ordinance No. 1517. Zoning Amendment as it relates to Swimming Pools and Portable Pools Sargent stated that with summer inspections a number of portable pools were discovered and we received calls on how they are addressed by city code. With the current code, they would have to be considered permanent and would require a six foot high fence. Residents did not feel a fence should be required for a pool only used a few months during the year. Staff proposes allowing these pool types if they are equipped with a pool cover, a ladder that is removed when not in use, and not in place more than six month of the year. Nawrocki questioned if they would require a permit. Sargent stated they would not. He indicated that pools more than 3.5 feet tall or over 3,000 gallons would require a permit. Nawrocki stated concern for child safety. Sargent referred to the pool cover and ladder requirements, similar to our hot tub ordinance. Nawrocki asked how you would enforce this. Sargent stated we are giving parameters, and if an owner does not comply they would be cited. - 27- City Council Minutes October 9, 2006 Page 21 of26 Motion to waive the reading of Ordinance No. 1517, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to establish the second reading of Ordinance No. 1517 for Monday, October 23,2006 at approximately 7:00 p.m. in the City Council Chambers. Upon vote: All ayes. Motion carried. Other Business 1) Allocate additional funds for Charter Commission dissemination of information on ballot issue. Mike Hartel, Charter Commission Chairperson, stated the Charter Commission request for $2,500 in additional funds to disseminate information on the Charter amendment that will be on the ballot. Two additional bids were received, as requested by Councilmember Nawrocki, from Rapid Graphics and Rapid Printing. The funds would be used for a one-time mailing to Columbia Heights residents describing the action. There is presently a $1,500 limit for spending. He stated that the entire amount might not be used. Diehm asked when the Charter Commission began discussing the proposals. Hartel stated over one year ago. Diehm questioned why the commission waited until now disallowing time to include information in the utility bills. Hartel indicated the importance of this and the need for residents to have this in hand, not overlooked with the utility bill. Diehm stated the intent is to run a cable program on this topic. Hartel indicated there would be a public meeting on October 19th in the Council Chambers. The mailing would be the main information distributed. Diehm questioned possible use of the Focus and Northeaster newspapers. Hartel stated that the Focus reporter indicated they would carry another article on this. Kelzenberg indicated that people would be more likely to throw out a bulk mail item rather than something in their water bill. Nawrocki stated his disappointed that we did not put the mailing in the water bill, as we have used them before for information dissemination. Nawrocki questioned the newspaper ad. Hartel stated the ad would invite citizens to the public information meeting. Nawrocki suggested that we would be better served if the news ad also included the ballot language. Nawrocki stated concern with listing pros and cons and referred to a MN League report on public purpose and expenditures. The Attorney General has issued an opinion that it is improper to spend money to encourage or support a vote. Hoeft stated that he advised the Charter Commission that they could not spend public money to advocate a position. They were aware of that and therefore looked to the pros and cons of the issue. Hoeft stated that he reviewed the letter and the pros and cons for neutrality. Peterson questioned the $1,500 allowed for this under the Charter. Hoeft stated they are entitled, but are still required to keep it neutral. Nancy King, 3717 Van Buren Street NE, Charter Commission member, stated her opposition to the proposal. Citizens should be told passage would cost an additional $35,000. Information was ready to send with the water bills, but members wanted a general mailing. King stated that she does not want the funds to come from the general tax fund. Fehst stated that on the last Charter vote the information contained pros and cons. Hartel stated that it is a mandate that we have a fair and unbiased position. Hartel stated the importance that citizens be informed on this ballot issue. Peterson asked if Council has given above the allotted amount before. Diehm stated that last time the information was sent in the water bill to ke~lthe cost below the allowed amount. City Council Minutes October 9, 2006 Page 22 of 26 Joe Sturdevant, 4848 7th Street NE, referred to a meeting that was set with the City Council where only Councilmember Nawrocki appeared. The group has compiled information to maintain impartiality and has presented all information to the city attorney for his legal opinion. He encouraged the expenditure. Newspaper ad costs were discussed. Peterson stated that the Council, on a I aye - 4 nay vote, is not behind this proposed Charter change. Hartel stated that the Council indicated this was an important issue and should be decided by the residents. Diehm stated that additional funding should not indicate support. As council members, we are to watch every dollar. It was the Charter Commission's choice to place this on the ballot. She referred to other financial concerns, such as financial assistance for street assessments. Diehm indicated that labels could be put on or flyers delivered by volunteers to homes, businesses or the library. Hartel stated that he was the one that thought it would be important to have a stand-alone mailing and he did not realize how much it would cost. Kelzenberg indicated that with the proposed mailing costs, it may be better to take out three newspaper ads. Nawrocki suggested that envelopes would not be necessary. A flyer can be folded in half with a label and stamp placed on it. Nawrocki stated he would support doing the mailing if the mailing did not include the pros and cons and would strictly list the wording and state it would be on the ballot. Nawrocki asked if we are required to have a legal notice on this. Patty Muscovitz, Deputy City Clerk stated that the ballot would be published by the county and would include our Charter amendment wording. Diehm referred to the option chart and indicated a mailing without the envelopes and stuffing charge would be under the amount allowed. F ehst stated that printing and stuffing could be done here, but suggested only a couple of pros and cons be included. Nawrocki stated that pros and cons could be stated at the informational meeting. A newspaper ad would cover the language and give the meeting date information. Diehm stated the information is important and should be sent. City staff could scan the flyer and put it on the city's web site, but she would not support the extra expenditure of funds. Motion by Nawrocki to authorize $2,000 for the purpose of mailing the Charter amendment ballot language to residents. Seconded by Kelzenberg for discussion. Kelzenberg asked if the Charter has to take the Council's advise on how to do this. Hoeft stated that the Charter Commission could use the $1,500 for any informational purpose, as long as it is neutral. Diehm stated that she was not in favor of allocating additional funds, but if funds are allowed, information should include pros and cons so residents can understand the wording. Hoeft stated any funds over $1,500 are not budgeted and would require a four-fifths vote to amend the budget. Nawrocki stated that Prestemon lights were not part of the budget. Hoeft stated that was a capital improvement fund. Fehst stated that it would be a mistake to j~'Send out the banot wording without pros and cons. City Council Minutes October 9, 2006 Page 23 of26 Kelzenberg stated that we could the work in house for less than this. Diehm reiterated her opinion that if it is to be funded, it should have information not just the question. Peterson stated he agreed with Diehm, and with Kelzenberg, that it would be more beneficial to put ads in the newspaper. It can be placed on our web site and on our cable channel. The Charter Commission has a budget of $1 ,500 and this would be the first time it would be exceeded. If greater funding is necessary, the Charter should be changed to reflect this. Kelzenberg stated he would not support additional funding. Upon vote: Kelzenberg, nay; Diehm, nay; Nawrocki, aye; Peterson, nay. 1 aye and 3 nays. Motion failed. Motion by Diehm, second by Kelzenberg, move to authorize the Charter Commission use of the city's copier and paper to help prepare public information on the Charter amendment. Upon vote: All ayes. Motion carried. 4) Authorize additional fmancial assistance for propertv assessments related to street rehab Hansen stated this issue was requested from the October 2, 2006 assessment hearing. He stated that the city contributes 50 percent of full street reconstruction, 40 percent of partial street reconstruction and 15 percent of seal coating costs. The request was for hardship cases. The existing GMAC program could contribute a maximum of 15 percent, but the funds were designated for private property improvements. Hanson suggested, if financial assistance is approved, funding sources be the water tower antenna fund or possibility utility rates, which could be handled through GMAC. Peterson asked what this would draw from our funds. Hansen stated there is one request that qualifies, but the Community Development Department indicates there are potentially 20 properties that could qualify. Nawrocki stated that Bob Streetar, Community Development Director, spoke to GMAC, and we have a $35,000 fund, but has now been told that is depleted. Nawrocki questioned the antenna fund. Hansen stated there would be adequate funds for this year, at about $15,000 to $17,000. Fehst stated that the GMAC funds were designated for external use. This could be a one time use and future funding could be reviewed, possibility adding this to the utility fees. Nawrocki stated there would need to be some sort of control. Fehst stated the current control is for out door improvements. Nawrocki stated that GMAC has a needs test. Motion by Diehm authorize additional financial assistance for property assessments related to the City Street Rehabilitation Program administered through GMAC, with funding to come first from GMAC fund until depleted and then from the water antenna fund. Second by Kelzenberg. Upon vote: All ayes. Motion carried. ADMINISTRATIVE REPORTS Report of the City Manager . No confirmation received on the City Manager's November 29 meeting date. . Expected to see someone present for the Steel Tec business, which is in litigation. . The Charter Chairperson worked hard for the Charter amendment information to be fair and balanced. We will work with them . Will contact Ms. Dargay on the financial assistance decision. Nawrocki . 51 sf and University - nothing has changetP.1!oeft stated he received an emailfrom the Police City Council Minutes October 9,2006 Page 24 of26 Chief indicating the Council had been told the lease was ending in September and the property would be cleaned up by October 8, but the lease was renegotiated allowing them another month. The original effort given them is gone and the police will tag the owner and the leaseI'. . What is our next move on the Savers containers and truck used for storage? Hoeft stated they are well within the parking requirements. The trailer does not have a license on it. Diehm . Just received an email from a viewer asking when 2nd Street between 44th and 43rd Avenue would be paved. Hansen stated that is scheduled for next week. Nawrocki . 3841 3rd street -lot full of old cars is still there. Hoeft stated that a temporary fence was erected and the police questioned their ability to enter and tag, which they can do. . 3808 Reservoir doing car renovation - it is debatable as the driveway and street are full. . 43rd and Central Avenue, restaurant on NE comer, the sidewalk and landscaping has not been finished. Hoeft stated there have been several citations to the owner and contractors doing work without permits. F ehst stated that only upon approval of the building official can they use a contractor. Report of the City Attorney - nothing to report. CITIZENS FORUM - no one came forward COUNCIL CORNER Kelzenberg . Read an article on Jill Goodsell. She was one of five to receive the National Back to School award. She received a makeover for her schoolroom and a personal makeover. . Read from the Green Sheet regarding stray shopping carts from the Rainbow Foods store. Hope this will help resolve the situation. Peterson . October 15 our Sister City committee will hold a fundraiser for the children's hospital in Lomianki, Poland. . November 25 will be the Holiday Kick-Off party. The raffle will be for a four wheeler. . Attended the Homecoming game and thanked the Color Guard for their efforts. . Appreciate our service men and women wherever they serve in the world. If you see them, thank them. . Don't take ourselves to seriously and do a random act of kindness. Diehm . Received email from Rapid Printing during the meeting that his price was accurate. . The Crestview Gala is this Friday night, October 13th. . Oct. 14 there is a Halloween party at the Silver Lake Park. Information on the Three Rivers web site. . Read email regarding neighborhood football game where a police officer stopped to interact with them. Nawrocki . Saturday, October 14, is the Fire Department Open House from 11 :00 a.m. and 3:00 p.m. - 31 - City Council Minutes October 9,2006 Page 25 of26 ADJOURNMENT Mayor Peterson adjourned the meeting at 10:50 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary RESOLUTION NO. 2006-191 BEING A RESOLUTION TO CERTIFY PETITION AND WAIVER ASSESSMENTS WHEREAS, property owners petitioned the City Council for certain improvements and waived their rights for public hearings and appeals as provided in Minnesota State Statute; and, WHEREAS, said improvements have been completed; and, WHEREAS, this Council has heretofore estimated and fIXed the cost of such improvements and has prepared an assessment roll therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES Section I: That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Petition and Waiver Construction Work" numbered 2005-SP-31-002 and 2006-SP-31-00l. Section 2: That said assessments may be paid in part or in full without interest on or before November 8, 2006. Any unpaid amount will be certified to Anoka County for collection with the real estate taxes beginning with the taxes payable in the year 2007. The annual principal installments, together with 6.0% interest accrued on the unpaid balance are due and payable with the real estate taxes for a period of ten years. Section 3: This resolution shall take effect immediately upon its passage. RESOLUTION NO. 2006-171 ASSESSMENT FOR ABATEMENTS PROJECT NO. 2006-SP-49-002 Resolution of the City Council for the City of Columbia Heights approving costs and charges according to the City Charter for the following abatements performed on the real property listed on the assessment roll and determining that said abatements have been completed and ratifying and conforming all other proceedings for Project No. 2006-SP-49-0002. WHEREAS, the City Council of the City of Columbia Heights, Minnesota, held a public hearing for each property listed on the assessment roll, where the property owner of record and all persons interested could appear and be heard by the Council with respect to the public nuisance; and, WHEREAS, this Council has approved the Resolutions listed on the assessment roll declaring the above mentioned properties a nuisance and ordered the abatement of the violations of said nuisance in accordance with ordinance code section 8.602; and, WHEREAS, the City of Columbia Heights performed abatements on each property listed on the assessment roll and has incurred costs which have been invoiced to the property owners; therefore: THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: Section I: That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Abatements, Project No. 2006-SP-49-002. Section 2: That this Council hereby fmds and determines that each of the lots and parcels of land enumerated in said assessment roll was a nuisance in accordance with City of Columbia Heights Ordinance Code section 8.602 and did accrue costs in the amount in the column headed "Assessment Amount". And this Council further fmds and determines that the cost of these abatements be assessed against such lot or parcel of land. Section 3: That said assessments may be paid in part or in full without interest on or before November 15,2006. Any unpaid amount will be certified to Anoka County for coilectioD with the real estal&~es beginning with the taxes payable in the year 2007. The annual principal installments, together with 6% accrued on the unpaid balance are due and payable with the real estate taxes for a City Council Minutes October 9,2006 Page 26 of 26 period of one year(s) as designated by the City Council. Section 4: That this Council did hereby determine to proceed with said project, does ratifY and confirm all other proceedings heretofore had in regard to this project, and said project shall hereafter be known and numbered as City Project No. 2006-SP-49-002. Section 5: This resolution shall take effect immediately upon its passage. RESOLUTION NO. 2006-172 ASSESSMENT FOR ABATEMENTS PROJECT NO. 2006-SP-49-00 1 Resolution of the City Council for the City of Columbia Heights approving costs and charges according to the City Charter for the following abatements performed on the real property listed on the assessment roll and determining that said abatements have been completed and ratifYing and conforming all other proceedings for Project No. 2006-SP-49-00 1. WHEREAS, the City Council of the City of Columbia Heights, Minnesota, held a public hearing for each property listed on the assessment roll, where the property owner of record and all persons interested could appear and be heard by the Council with respect to the public nuisance; and, WHEREAS, this Council has approved the Resolutions listed on the assessment roll declaring the above mentioned properties a nuisance and ordered the abatement of the violations of said nuisance in accordance with ordinance code section 8.602; and, WHEREAS, the City of Columbia Heights performed abatements on each property listed on the assessment roll and has incurred costs which have been invoiced to the property owners; therefore: THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: Section 1: That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Abatements, Project No. 2006-SP-49-00 1. Section 2: That this Council hereby frods and determines that each of the lots and parcels of land enumerated in said assessment roll was a nuisance in accordance with City of Columbia Heights Ordinance Code section 8.602 and did accrue costs in the amount in the column headed "Assessment Amount". And this Council further f!Dds and determines that the cost of these abatements be assessed against such lot or parcel of land. Section.3: That said assessments may be paid in part or in full without interest on or before November 15,2006. Any unpaid amount will be certified to Anoka County for collection with the real estate taxes beginning with the taxes payable in the year 2007. The annual principal installments, together with 6% accrued on the unpaid balance are due and payable with the real estate taxes for a period often year(s) as designated by the City Council. Section 4: That this Council did hereby determine to proceed with said project, does ratify and confirm all other proceedings heretofore had in regard to this project, and said project shall hereafter be known and numbered as City Project No. 2006-SP-49-001. Section 5: This resolution shall take effect immediately upon its passage. RESOLUTION NO. 2006-173 CERTIFICATION OF DELINQUENT UTILITY AND MISCELLANEOUS CHARGES BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, that THE COUNTY AUDITOR be, and is hereby directed, to leV'f deli..'1quent utility and delinquent miscellaneous bills on the properties in the City of Columbia Heights as listed on page two of this resolution and filed in the Assessment Book for 2006 totaling $34,258.96. BE IT FURTHER RESOLVED that the foregoing principal amounts together with 6% interest accrued on the unpaid balance shall be included in the individual property tax statements for the current year and identified thereon as "Special Assessments." SAID CHARGES shall be enforced and collected in the manner provided for the enforcement and collection of State and County taxes under and in accordance with the provisions of the general laws of the State. All delinquent utility and miscellaneous bills with penalties as indicated thereon paid to the County Treasurer shall belong to the City of Columbia Heights and shall be turned over to the City Treasurer in the manner provided by the City Charter and Ordinances. THE CITY OF COLUMBIA HEIGHTS shall accept payments on these utility and miscellaneous bills until November 15, 2006. Upon receipt of said payments, the City will remove them from the certification list sent to Anoka County. - 33 - COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: October 23, 2006 AGENDA SECTION: NO: Consent --~-l ORIGINATING DEPARTMENT: CITY MANAGER'S CITY MANAGER'S APPROV AL ITEM: Establish Meeting Date to Canvass 2006 General Election Results NO: BY: Walt Fehst DATE: 1 DATE: October 17,2006 It is necessary to establish a date to canvass the 2006 General Election results. It is recommended the canvass meeting be scheduled for Friday, November 10 beginning at 7:30 a.m. in the City Council Chambers. RECOMMENDED MOTION: MOTION: Move to establish the Canvass of the 2006 General Election results for Friday, November 10, 2006 beginning at 7:30 a.m. p.m. in the City Council Chambers. COUNCIL ACTION: .34. CITY COUNCIL LETTER Meeting of: 10/23/06 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: 5 - A -] PUBLIC WORKS ~~~~k ~ ITEM: Prestemon Park Athletic Field Lighting Electrical BY: K. Hansen' Service DATE: 10/19/0 ' Background: At the November 28111,2005 regular meeting the City Council authorized the preparation of a feasibility report for athletic field lighting at Prestemon Park. At the February 13th, 2006 regular City Council meeting the Council accepted the report and authorized a Public Hearing before the Park and Recreation on March 29tb, 2006. At the April 26tb Park & Recreation meeting the Commission passed a unanimous motion to reconunend to the City Council to install athletic field lighting at Prestemon Park. At the May 18th regular City Council meeting, the installation of athletic field lighting was ordered by the Council. Six (6) 60-foot monopoles with a total of 22 I ,500-watt luminaires have been installed under a IP A administered through the City of Rogers. Analysis/Conclusions: The contract price, installed, for six monopoles with 22 1,500-watt luminares and Control Link controls was $62,918. The total estimated cost of the project is $85,000, as staff had previously indicated to the Council. The last remaining work item is bringing power to energize each of the six field lights. Staff prepared specifications for this electrical portion of this work and sent them to four electrical contractors. Three bids were received as follows: I. Aid Electric: $22,900 2. Killmer Electric $30,600 3. Heights Electric: $31,800 4. Hymark Electric: No Bid The cost is over original electrical estimate due to two factors: material wiring costs have increased and the source of power is not inunediately available at the field (transformer is located in the parking to the south of the field). The total project cost of $85,818 remains consistent with the original estimated project of$85,000. Project funding would be provided through the 100% Contributed Projects - Recreation Fund 881. Adequate funds for the project costs are available. Recommended Motion: Move to award the Prestemon Park Athletic Field Lighting Electrical Service to Aid Electric in the amount of $22,900.00 based upon their low qualified responsible bid with funds to be appropriated from 412-50607-5130; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. KH:jb COUNCIL ACTION: - 35 - CITY COUNCn.. LETTER Meetin of October 23,2006 AGENDA SECTION: Consent NO. 5 - A - q ITEM: Transfer Funds from General Fund to Police NO. Dept. Budget to Reimburse Overtime Fund ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnso DATE October 12, 20 BACKGROUND During the past four months, the Police Department has been involved in off duty employment details that are handled through the Department. These details were security details at Unique Thrift Store, I.C.C. Fun Fest, and Predatory Offender Sweep. Since this type of off duty employment is handled through the Department, officers have signed up and worked these details since July 26, 2006. We have received a check from the following entities: Unique Thrift Stores-two checks totaling $1,587.46, I.C.C. Fun F est-one check totaling $775, and Predatory Offender Sweep-$275. This money is considered revenue and was placed in the City General Fund. ANAL YSIS/CONCLUSION The Police Department is requesting that the City Council pass a motion requiring the $1,587.46 received from unique Thrift Stores, the $775 received from I.C.c. Fun Fest, and the $275 received from Anoka. County for participating in the Predatory Offender Sweep be returned to the 2006 Police Department budget line #1020. RECOMMENDED MOTION: Move to transfer $1 ,587.46 received from Unique Thrift Stores, $775 received from 1. C. C. Fun Fest, and $275 received from the Anoka County Predatory Offender Sweep-a total of $2,637 .46-from the General Fund to the Police Department 2006 budget under line # 1020, Police overtime. TMJ :mld 06-189 COUNCIL ACTION: 1/ - 36- City of Columbia Heights Police Department MEMO To: Chief Thomas Johnson /lJ~ From: Captain William J. ROd~ Subject: Overtime Transfer Date: October 11, 2006 Attached is a list of the overtime re-imbursement received from July 261b through October 101h, 2006. This is income from outside sources that has been paid to CHPD for the services of our personnel. Please request transfer of these funds to our overtime account. Unique Thrift INVOICE # 022 Security July 06 025 Security August 06 DATE 8-]4-06 9- ] 8-06 AMOUNT $ 824.96 $ 762.50 Ice Fun Fest 2006 023 ICC Fun Fest 8-15-06 $ 775.00 Predatory Offender Sweep 024 Anoka County 8-23-06 $ 275.00 Total Amount to be transferred to OT Account $2637.46 - 37 - ~ INVOICE Columbia Heights Police Department Date: August 14, 2006 Invoice #: 2006-022 Customer Name: Unique Thrift -Attn: Mike Address: 2201 37th Ave NE, Columbia Heights, MN 55421 Home Phone: Work Phone: 763-788-5250 Request for: Police Officers for: July 2006 Sat. 7-01-06 No Officer. . \ tP Tue. 7 -04-06 0900-1500 Sc 6 hrs.* Sat. 7 -08-06 No Officer Tue. 7 -11-06 1700-1930 Bo 2.5 hrs Sat. 7-15-06 1230-1630 Ok 4 hrs. I Sat. 7-22-06 No Officer \ Sat. 7-2-06 1430-1630 Ni 2 hrs. BlUING INFORMATION Number of Officers: 4 Hours: 8.5 regular OT 6 Premium 2006 OT Wage is $50.00 hr. * Holiday Premium Rate is $66.66 hr. Total Due: $824.96 Make checks payable to the City of Columbia Heights. Please mail payment to: City of Columbia Heights Police Department. 559 Mill StreetNE,ColumbiaHeights. MN 55421 FOR DEPARTMENTAL USE ONLY Officer(s) on Duty: 32 f p' Off Duty: Amount Received: Date: ~~-=tbII~S7 - 38 - Nash Sales, Inc. INVOICE NO COMMENT )6 2006-022 UlloOI DISCOUNT NET AMOUNT .00 824.96 AMOUNT 824.96 CHECK: 011557 08/21/06 City of columbia Heights CHK TOTAL: 824.96 r '. j"HE ORDER OF: 011557 1 " ~ . l c IT Nash Sales. lric~ , 1387 Cope Ave. E.: . Maplewood. MN 55109 , ' (65H 773~8077 , , ,. Anchor Bank, ' North St. Paul, MN 75-882-960 ' *EIGHT . HUNDRED TWENTY FOUR DOLLARS AND 96 CENTS '. DATE 08/21/06 AMOUNT *******824.96* City of Columbia Heights City of Col. Hgts Police Dept 559 Mill Street NE Columbia Heights MN 55421 ~ 11.0 ~ ~ 5 5 ,?U. 1:0 [U;0088 2 51: t1 '? t1 50... qu. - 39- / INVOICE Columbia Heights Police Department Date: September 18, 2006 Invoice #: 2006-025 Customer Name: Unique Thrift -Attn: Mike Address: 2201 37th Ave NE, Columbia Heights, MN 55421 Home Phone: Work Phone: 763-788-5250 Request for: 1 Police Officers for: August 2006 o . (1 t:;~ ~ C~ff 01' efP';./to!l>'- ~ Tue. 8-01-06 No Officer. Sat. 8-05-06 1545-1945 Ok 4 hrs. Sat. 8-12-06 1545-1900 Sc 3.25hrs Tue. 8-15-06 1300-1700 Ni 4 hrs .1.1, Sat. 8-26-06 1100-1500 Ni 4 hrs BILliNG INFORMATION Number of Officers: 4 Hours: 15.25 2006 OT Wage is $50.00 hr, Total Due: $762.50 Make checks payable to the City of Columbia Heights, Please mail payment to: City of Columbia Heights Police Depanment. 559 MiIl StreetNE. Columbia Heights. MN 55421 Officer(s) on Duty: FOR DEPARTMENTAL USE ONLY Off Duty: Amount Received: $ fO 762 - Date: I fD- 1 [)-iJ! ~ - 40- Nash Sales, Inc. ~ INVOICE NO COMMENT f06 2006-025 AMOUNT 762.50 11682 10/05/06 City of Columbia Heights , . Nash Sales, Inc. 3080 Centerville Rd Little Canada. MN 55117 (651.) 773,-8077 Anchor Bank North St. Paul, MN 75-882-960 *SEVEN HUNDRED SIXTY TWO DOLLARS AND 50 CENTS City of columbia Heights -IE City of Col. Hgts Police Dept R 559 Mill Street NE columbia Heights MN 55421 1110 J. J.I;B 2111 1:0111;008B 251:11 711501.11111 011682 DISCOUNT NET AMOUNT .00 762.50 CHK TOTAL: 762.50 011682 1 J:l " " . .. ;! DATE 10/05/06 AMOUNT *******762.50* m I Ii# : ~ of ,.. j ~ _I - 41 - 1 INVOICE Columbia Heights Police Department Date: August 15, 2006 Invoice #: 2006-023 Customer Name: Immaculate Conception Church (Attn: Fun Fest 2006 Committee) Address: 4030 Jackson Street NE Home Phone: Work Phone: 763-788-9062 Request for: 1 Police Officers for: Saturday August 12th 2006 Bugos (1700-2345) 6.75 hrs Sunday August 13th 2006 Nightingale Bonesteel (1100-1545) ( 1545-1945) 4.75 hrs 4.00 hrs td~~ ~ BILLING INFORMATION Number of Officers: 3 Hours: 15.50 hours OT wage is $50.00 per hour. Total Due: $775.00 Make checks payable 10 the ACity of Columbia Heights@. Please mail paymentto:CityofColumbiaHeightsPoliceDepanment.559MillStreetNE.ColumbiaHeights.MN 55421 Officer(s) on Duty: FOR DEPARTMENTAL USE ONLY Off Duty: Amount Received: Ir ae:> .:s:I>7 7 S- .- Date: - 42- gO' "2..1- ofc (>-11- ,1. s'fo/r THE CHURCH OF THE IMMACULATE CONCEPTION For: Invoice # 2006-023 City of Columbia Heights Pollee Dept Date Due Date 08/15/2006 08/15/2006 &tL /01. 00. ..:J Y ~ (5 I THE CHURCH OF THE IMMACULATE CONCEPTION 4030 JACKSON STREET, NE. COLUMBIA HEIGHTS, MN 55421 ....Seven Hundred Seventy-Five and 00 / 'j 00 Dollars.*** PAY b~J~~ City of Columbia Heights Police Dept OF 559 Mill Street NE Columbia Heights MN 55421 11.025.........11. .:Oq ~OOO ~ - '.: Total: Date: $775.00 08/24/2006 Check: Discount Paid Memo $775150 - $775.00 Total: NORTHEAST BANI< MINNEAPOLIS, MN - 612.379-8811 COLUMBIA HEIGHTS, MN -763-788-9351 COON RAPIDS, MN. 763.784.3533 YOUR INDEPENDENT COMMUNITY BANK 17-13.910 DATE 06/24/2006 5001115(;8 *". 25444 25444 25444 25444 AMOUNT ....$775.00.... . ~ g, . . ~ ~ ii // /J ~ k~___A! I -. <'"I "f' . , t?J .,; j l! / INVOICE Columbia Heights Police Department Date: August 23, 2006 Invoice #: 2006-024 Customer Name: Anoka County Address: 2100 3rd Ave. Anoka MN 55303 Home Phone: Work Phone: Request for: 1 Police Officers for: (See attachment) Inv. Markham BILUNG INFORMATION Number of Officers: 1 Hours: 5 hours ($250.00) plus mileage (40) ($25.00) OT wage is $50.00 per hour. Total Due: $275.00 Make checks payable to the ACity of Columbia Heights@. Please mail payment to: City of Columbia Heights Police Department. 559 MiU Street NE. Columbia Heights. MN 55421 Officer(s) on Duty: FOR DEPARTMENTAL USE ONLY Off Duty: Amount Received: Date: - 44- A ~... :~ :. .Ai: 2 " '1 ~ .1.NOKA i . . . : . . . .." .. COUNTY OF ANOKA }100 TIftlWAVE~ ......... A.f'iO!<A.l\ii~NES()1'A.55~U3' .. 2Aetk NO .104134j .... . DA TE'.22-AUG-06 -'-0"': .,.,::..,..." ..:. :.::;; ,:..:;;::;.~: ; :;. '~. ":".; ..;:.: :;.AiVtOtlNT * +~ ~ * * 27Si.oo Two H~r/d/ed Sevenf:;ifjv~ DoJ/~;~ And 00 Cents * * * * * PAY . . ' " ',' .C',,", ..... "', '....-. . CITY OF GOLUMBI;\ HEIGHTS ~o~tCE.P~~ARTIVIENT '.' Ei:S~MI~l$TREETN~(: C.(:)~jjMll3fA HGHT$.,MN 1;5421 Uhi'tedSlates . "', . .'~ '.. .. u..:,Jta.Ul"'iClS::,.:=T.:=: U1U. ..VY~LLS FARGO BANK ~INNESOTA N.A. ANOKA>~!NII!ESOTA ....... .:....'.:.:.:;'::. ....,.:.::.;:..;. :;.,;; ANOKA COUNTY 1~~!i!lllllllllll!l!t:.:::.: 17-AUG-20 17-AUG-06 II- ~Ot. ~:lt. :lll- 1:091.0000.91: 00.0009.0011- REMITTANCE ADVICE DATE 22-AUG-06 CHECK NO. 1041343 TOTA4-s _ f::;~R;~~:::::m::::;":::rItq~Q.Q:~ f;~:mt::tf:':I!:::::wm::;~?:i~QQ COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: October 23, 2006 AGENDA SECTION: Items for Consideration NO: - - A -5 ORIGINATING DEPARTMENT: Community Development CITY MANAGER'S APPROVAL BYJ/~ ITEM: Adopt Resolution 2006-214, Authorizing Application for the Tax Base Revitalization Account BY: Randy Schumache DATE: October 19,2006 BACKGROUND: In 2004, the City of Columbia Heights Received $1,234,000 in grant funds to cleanup the contaminated soil for the redevelopment of Phase I of the Industrial Park. After buildings and foundations were removed, large amounts of unanticipated contamination were discovered. Clean up costs exceeded grant funding due to the large quantities of undocumented, underground storage tanks, chlorinated solvents and encountering a local residential dump. Under the requirements of the Development Agreement, if cleanup costs exceed grant funding, the City is required to apply for supplemental grant funding to cover those costs. RECOMMENDATION: Staff recommends approval of Resolution 2006-214, approving an application to the Metropolitan Council Tax Base Revitalization Account for a supplement cleanup grant for Phase I of the Industrial Park. RECOMMENDED MOTION: Motion: Move to waive the Reading of Resolution 2006-214, there being an ample amount of copies available to the public. Motion: Move to Adopt Resolution 2006-214, a Resolution Authorizing Application for the Metropolitan Council Tax Base Revitalization Account for a supplement cleanup grant for Phase I of the Industrial Park. Attachments COUNCIL ACTION: h: \ - 46- CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION NO. 2006-214 AUTHORIZING APPLICATION FOR THE TAX BASE REVITALIZATION ACCOUNT WHEREAS the City of Columbia Heights is a participant in the Livable Communities Act's Housing Incentives Program for 2006 as determined by the Metropolitan Council, and is therefore eligible to make application for funds under the Tax Base Revitalization Account; and WHEREAS the City has identified a clean-up project within the City that meets the Tax Base Revitalization account's purpose/s and criteria; and WHEREAS the City has the institutional, managerial and financial capability to ensure adequate project administration; and WHEREAS the City certifies that it will comply with all applicable laws and regulations as stated in the contract agreements; and WHEREAS the City Council of Columbia Heights, Minnesota agrees to act as legal sponsor for the project contained in the Tax Base Revitalization Grant application submitted November 1. 2006. BE IT FURTHER RESOLVED that ProSource Technologies, Inc. is hereby authorized to apply to the Metropolitan Council for this funding on behalf of the City of Columbia Heights and to execute such agreements as are necessary to implement the project on behalf of the applicant. Passed this _ day of .2006. MOTION BY: SECOND BY: ROLL CALL: AYE NAY Mayor- Gary L. Peterson City Manager-Walter R. Fehst - 47- COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: October 23,2006 AGENDA SECTION: Items for Consideration NO: 5' A-l..o ITEM: Adopt resolution 2006-215, Accepting the bid for building demolition, removal of contaminated soils and abatement of hazardous materials in the Industrial Park (Phase III) ORIGINATING DEPARTMENT: Community Development fc BY: Randy Schumache DATE: October 19, 2006 CITY MANAGER'S APPROVAL BY:';]"',. Lr,{!- r!!"'~' , '," \ f 1" ' iVV'J--":" I, BACKGROUND: In November 2005, the City of Columbia Heights applied for cleanup funds for the redevelopment of Phase III of its Industrial Park. Phase III consists of the GreifInc. building, the Steel Tech building, and two outbuildings, comprising a total of 65,855 square feet. The State of Minnesota and the Metropolitan Council awarded a cleanup grant to the City in the amount of $1,091,226.00. The City has entered into a redevelopment agreement with Schafer Richardson thus allowing the City to move ahead with expenditure of the cleanup grant. The City's environmental consultant, Pro Source Technologies, prepared a bid request for building demolition, removal of contaminated soil, and for the removal/abatement of restricted and/or hazardous materials, for Phase III of the Industrial Park. The bids were advertised and at the bid opening, held on October 19, 2006, the bids ranged from a low of$914.817.00 to a high of$1.342.960.00. The low bid was submitted by Veit & Company Inc. RECOMMENDATION: Staff recommends adoption of Resolution 2006-215, accepting the bid from Veit & Company Inc. for the demolition and removal of contaminated soil and hazardous materials removaVabatement in the Industrial Park Phase III area. RECOMMENDED MOTION: Move to waive the reading of Resolution 2006-215, there being an ample number of copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2006-215, a resolution accepting the low bid from Veit & Company Inc. for the building demolition, removal of contaminated soil and the abatement/removal of hazardous materials in the Industrial Park (Phase III) in the amount of $914,817.00. Attachments COUNCIL ACTION: AO - "'to - RESOLUTION NO. 2006-215 CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION ACCEPTING BID FOR BillLDING DEMOLITION AND REMOVAL OF CONTAMINATED SOIL IN THE INDUSTRIAL PARK (PHASE III), COLUMBIA HEIGHTS, MN WHEREAS, pursuant to an advertisement for bids for the demolition of the Greif Inc. building, the Steel Tech building, and various out buildings in Phase III of the Industrial Park Redevelopment Plan; bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: (See attached bid spread sheet) AND WHEREAS, it appears that Veit & Company Inc. is the lowest responsible bidder, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with Veit & Company Inc. in the bid amount of $914,817.00 for the building demolition and removal of contaminated soil in the Industrial Park Phase III area, according to the plans and specifications as outlined in the bid request dated October 9, 2006 and on file in the office of Community Development. 2. The City staff is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Passed this _ day of ,2006. Offered By: Second By: Roll Call: Mayor- Gary L. Peterson Patricia Muscovitz, CSM, Deputy City Clerk .49 - Bid Opening Demolition Phase III, Industrial Park Redevelopment City Council Chambers Thursday, October 19, 2006, 2:00 PM Columbia Heights, Minnesota P.O. Box 1086 Landwehr I St. Cloud, MN I $1,003,999 I YES 56302 2200 Old Hwy 8 Belair I NW, New Brighton, I $1,102,949 I YES MN 55112 *Veit I 14000 Veit Place, I $914,817 I YES Rogers, MN 55374 I I U\ 0 I Frattalone I 3205 Spruce Street I $958,775 Companies Inc. St. Paul, MN 55117 I YES Blue Earth Environmental 200 West Ruby, Mankato, MN 56001 $1,342,960 YES COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: October 23, 2006 AGENDA SECTION: NO: ---- A- ITEM: Adopt Resolution 2006-217, Approving Application to MN Dept. of Employment and Economic Development for a Contamination Clean Up Grant and commitment of local match ORIGINA TING DEPARTMENT: Community Development BY: Randy Schumacher DATE: October 18, 2006 , CITY MANAGER'S APPROVAL BY!/~~/;v , BACKGROUND: This is a request for approval of a resolution to submit a joint Contamination Clean Up application through the Minnesota Department of Employment and Economic Development and the Metropolitan Council. In 2004, the City of Columbia Heights received $1,234,000 in cleanup funding from the Minnesota Department of Employment and Economic Development and Metropolitan Council for Phase 1 of the Industrial Park. In early 2005, the city received $871,789 from the same program for cleanup in Phase II. In 2006, an additional, $1,091,226 in grants were obtained for Phase III cleanup. This application will address the clean up of Phase II-A in the Industrial Park. Phase II-A consists of a half-acre lot located directly north of the old foundry building at 3700 5th Street. Schafer Richardson erroneously omitted this parcel in their original redevelopment plan. The engineer's estimate for excavation of contaminated soil is $147,078. As outlined in the Schafer Richardson Development Agreement the unfunded portion of the clean up, or the 12% local match is the responsibility of the developer. RECOMMENDATION: Staff recommends approval of Resolution 2006-217, approving an application to DEED for a Contamination Clean Up Grant for the Industrial Park and commitment of local match. RECOMMENDED MOTION: Move to waive the reading of Resolution 2006-217, there being an ample amount of copies available to the public. RECOMMENDED MOTION: Move to Adopt Resolution 2006-217, being a Resolution to approve application to the MN Department of Employment and Economic Development for a Contamination Clean Up Grant and commitment of local match. Attachments: Resolution 2006-217 COUNCIL ACTION: I - 51 - RESOLUTION 2006-217 CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION AUTHORIZING APPLICATION FOR MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT CONTAMINATION CLEANUP GRANT PROGRAM AND COMMITMENT OF LOCAL MATCH WHEREAS, the City Council of the City of Columbia Heights (the "City) has given their support to a master plan for redevelopment of industrial area properties; and WHEREAS, the City has found that there exists conditions of deterioration, blight, substandard structures, and environmental concerns, and there exists a need (due to blighting influences) for intervention by the City to prevent further deterioration and promote redevelopment of the industrial area; and WHEREAS, the City has recently identified and completed Phase I and Phase II assessments of all industrial properties in the industrial planning area in which various potential contaminants were identified, with the City submitting a Response Action Plan (RAP) to the MPCA for cleanup; and WHEREAS, the total legislative appropriation for this grant program for fiscal years 2006-07 is $4,362,000, and the DEED grant requires applicants to pay an amount equal to 12 % of the cleanup costs from unrestricted money available to the City. With the local match to be an internal loan from the Capital Improvement Redevelopment Fund 420 and to be repaid at a five-percent interest rate; and NOW, THEREFORE BE IT RESOLVED that the City of Columbia Heights has approved the Contamination Cleanup grant application submitted to the Department of Employment and Economic Development (DEED) on October 23,2006, by the City of Columbia Heights for Phase IJA of the Industrial Park; and BE IT FURTHER RESOLVED that the City of Columbia Heights acts as the legal sponsor for the Contamination Cleanup Grant Program to be submitted on November I, 2006, and that Walt R Fehst, City Manager, is hereby authorized to apply to DEED for funding on "ehalf of the City of Columbia Heights, Minnesota; and BE IT FURTHER RESOLVED that the City of Columbia Heights has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration; and BE IT FURTHER RESOLVED that the sources and amounts of the local match identified in the application are committed to the project identified; and BE IT FURTHER RESOLVED that the City of Columbia Heights has not violated any Federal, State, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or unlawful or corrupt practice; and BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of Columbia Heights, Minnesota may enter into an agreement with the State of Minnesota for the above-referenced project(s), and that Columbia Heights certifies that it will comply with all applicable laws and regulations as stated in all contract agreements; and BE IT FURTHER RESOLVED that Walter R. Fehst is hereby authorized to execute such agreements as are necessary to implement the project(s) on behalf of the applicant; and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Columbia Heights, Minnesota has approved the Contamination Cleanup Grant Application submitted to the Department of Employment and Economic Development (DEED). I certify that the above resolution was adopted by the City Council. Passed this _ day of ,2006. Offered By: Seconded By: oil Call: Patricia Muscovitz, Deputy City Clerk Gary L. Peterson, Mayor - 52 - CITY COUNCIL LETTER Meeting of October 23, 2006 AGENDA SECTION: CONSENT 5-A-~ ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROV AL NO: ITEM: Approve Rental Housing Licenses BY: Gary Gorman NO: DATE: October 17,2006 Approval of the attached list of rental housing license applications, in that they have met the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for October 23,2006. COUNCIL ACTION: - 53 - .:cupany 1.0. 10013 1 0033 10054 10062 1 0200 30062 30106 30108 30177 10175 30015 10139 20164- 1 0076 20111 10191 20097 )008 30058- 20236 12063 1 0063 20012 20088 20066 30124 20174 12044 30036 12167 30179 30129 20180 20003 20091 ..... '1157 _J092 34009- 20124 L1CENSE_Ltr to Approve Licenses 2006 Property Owner Name Sepiku Opportunities R. P. Management MDC 2000 Attn: Doug Wahl The Poseidon Companies, Inc. Emme Management Co. Kleinman Realty Co. Crest View Corporation Kleinman Realty-Attn Mark Jossart Housing Plus Inc. Nader Abuammo Eric Anderson John Andrews Olga Antochy Lahoucine Baujnikh Clifford Boyum Jerrod Brown Anthony Brown Heather Callier Anthony Chester Dennis Coppess Rashid Fikree Abdul Dena Froiland Bette Harlan Bette Harlan Kenneth Henke Margaret Ingle Asad Khan Susan Kinch Ruth King-Smith Elizabeth Klenert Cynthia Klum Herb Knutson Kenneth Koster Bob Landucci Bob Landucci Ruth Lemke Rose Maciaszek Dale Nawrocki Dean Olson - 54- Property Address 508 40TH 131643RD 3820 Tyler 4217 Quincy 4070 MAUREEN 4650 JOHNSON 4458 Reservoir 3746 Stinson 3816 Stinson 4009 Reservoir 3947 Tyler 4344 MADISON 4000 HAYES 1400 PARKVIEW 4028 CLEVELAND 4901 5TH 4056 5TH 4033 ARTHUR 600 51ST 3861 EDGEMOOR 4415 MAIN 4721 5TH 5252 WASHINGTON 5232 WASHINGTON 44332 1/2 4347 UNIVERSITY 21242NO 1221 CIRCLE TERRACE 539 40TH 4957 Tyler 3826 Stinson 4621 UNIVERSITY 5152 WASHINGTON 4029 2ND 4509 FILLMORE 4649 UNIVERSITY 4351 WASHINGTON 133142ND 1005 50TH P!:ln~ 1 ;cupany 1.0. 30426 10193 20114 12043- 20075 10002 30122 20204 20228 20188 10165 20185 10153 20087 12024 20198 20122 1193 .:>0054 20071 30126 20048 20002 10189 20243 20110 ,of 1"'\ 1.14 r'\ Ir')nr\r':'- L1CENSE_Ltr to Approve Licenses 2006 Property Owner Name Feriz Palic Michael Petelin John Pham Sandra Powell Tomasina Proue Brian Roeller David Rust Nelia Schaff Nelia Schaff Ronald Schloesser Walter Sentyrz Riaz Shad Kristi Shoop Sharon Smith- Akinsaanya Bryan Sowieja Jeff Swanson Joesph T ohey Tawni Traynor Frank Trisko Stanley Van Blaricom William Wall Fletcher Wanless Craig Wilson Joe Yard Mark Youngren John Zezza A r=.C'1 - 55 - Property Address 1035 PETERS 3820 JACKSON 170937th 4456 WASHINGTON 4631 PIERCE 3849 MAIN 4653 Tyler 37423RD 4228 MADISON 42152ND 4632 6TH 4641 Taylor 141539TH 4634 POLK 80451 ST 4530 WASHINGTON 840 50TH 4639 WASHINGTON 950 47TH 4507 Taylor 4648 POLK 1307 CIRCLE TERRACE 1161 CHEERY 4807 JEFFERSON 38163RD 4055 UNIVERSITY P::Il1P. ? CITY COUNCIL LETTER Meeting of: October 23, 2006 AGENDA SECTION: NO: .S,/\_Ot ORIGINATING DEPT.: License Department BY: SheIleYHanSOn~~ . DATE: October 18, 2006 CITY MANAGER APPROVAL DATE: ITEM: License Agenda NO: BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the October 23, 2006 City Council meeting. This agenda consists of applications for Contractor licenses for 2006. Also included on the agenda are the renewals for calendar year 2007 that have been received and approved by staff to date. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for October 23, 2006 as presented. COUNCIL ACTION: - 56- TO CITY COUNCIL October 23,2006 *Signed Waiver Foml Accompanied Application 2006 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES BLDG *The Gopher Co. *Vinco Inc. * Advance Alum Supply SNE Construction *EMC Services *Mathey Sign Tom Ostertag Masonry Inc *Sign-A-Rama Install this Sign & Awn *Signs by Tomorrow 2007 LICENSES 2701 36th Ave So, Mpls PO Box 907, Forest Lk 1136 1 14th Ln, Coon Rapids 12974 So. 30th St, Afton 321 Dean Ave E., Champlin 8862 Zealand Ave, Brk Pk 18289 Everton Ct. Farmington 1506 Buerkle Rd, Vadnais Hts 5345 4th St No, Brk Center 6530 University Ave $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 FUEL DISPENSING DEVICES FIRE Twin Cities Avanti (16) 4001 University Ave NE $200 CIGARETTEffOBACCO LICENSE RENEWALS POLICE *Twin Cities A vanti 4001 University Ave NE $300 *Holiday Stationstores 4259 Central Ave NE $300 *Speedway Superamerica 5000 Central Ave NE $300 MOTOR VEHICLE RENTAL ZONING * Columbia Hts Rental 3901 Central Ave NE $50.00 GAMES OF SKILL POLICE *Metro Coin ofMN-Star Bar (1) 4005 Central Ave $30.00 -Denny's (1) 5025 Central Ave $30.00 -VFW (1) 4446 Central Ave $30.00 * Jubilee Music-LaCabema (4) 4952 Central Ave $75.00 - 57 - 5~/\-IO CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: Q[;fr!bw 23/ '200& STATE OF MINNESOTA COUNTY OF ANOKA CITY 9F COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listedfn the attached through ) fC/ tJ 71J These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are hereby, recommended for payment " 58 - ACS FINANCIAL SYSTEM 10/18/2006 15:35:41 Check History CITY OF COLUMBIA HEIGHTS GL050S-V06.70 COVERPAGE GL540R ******************************************************************************* * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * ******************************************************************************* Report Selection: Optional Report Title.......10/23/2006 COUNCIL LISTING INCLUSIONS: Fund & Account. ...... ....... thru Check Date. . . . . . . . . . . . . . . . . . Source Codes....... ......... Journal Entry Dates.. ....... Journal Entry Ids........... Check Number.... ..... ....... thru thru thru thru 118900 thru 119070 thru thru thru thru thru thru thru thru Project.................... . Vendor. . . . . . . . . . . . . . . . . . . . . . Invoice. . . . . . . . . . . . . . . . . . . . . Purchase Order. ..... .... .... Bank....................... . Voucher .................... Rkleased Date....... ........ (~ared Date..... ........... Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP J COUNCIL 02 P4 Y S 6 066 10 Y Y ACS FINANCIAL SYSTEM 10/18/2006 15 BANK VENDOR Check History 10/23/2006 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 1 BANK CHECKING ACCOUNT AMERICAN BOTTLING COMPAN ATLAS AUTO BODY, INC BECKETT/JASON BELLBOY CORPORATION BONESTEEL/PAUL CAPITOL BEVERAGE SALES L CHISAGO LAKES DISTRIBUTI DEEP ROCK WATER COMPANY DELGADO/DIMAS GENUINE PARTS/NAPA AUTO HOHENSTEINS INC JJ TAYLOR DIST OF MN JOHNSON BROS. LIQUOR CO. KLOIBER, JOSEPH LARKIN/JOHN MARK VII DIST. MEDICINE LAKE TOURS PETTY CASH - KAREN MOELL PHILLIPS WINE & SPIRITS PROSOURCE TECHNOLOGIES I PURTLE/DAVID QUALITY WINE & SPIRITS SALO/ERIC SAM'S CLUB SAVERS INC SHAMROCK GROUP/ACE ICE SUBURBAN UTILITIES SUPTS SWENDlMAN/THOMAS TEMI INVESTMENTS INC TOTZKE/LAURIE WINDSCHITL/KEITH XCEL ENERGY (N S P) CITY OF COLUMBIA HEIGHTS COLUMBIA HGTS SISTER CIT AARP AMERICAN BOTTLING COMPAN ARCH WIRELESS/METROCALL ATLAS AUTO BODY, INC BELLBOY BAR SUPPLY BOXRUO/DALE BRECKENITCH/LAURIE CAPITOL BEVERAGE SALES L CHISAGO LAKES DISTRIBUTI CITY WIDE WINDOW SERVICE COCA-COLA BOTTLING MIDWE COLUMBIA HEIGHTS I DUGDALE/MARY 01 o 118900 118901 118902 118903 116904 116905 116906 116907 116906 118909 118910 118911 118912 116913 116914 118915 118916 116917 118916 118919 118920 118921 118922 118923 118924 118925 118926 118927 118928 118929 118930 118931 118932 118933 118934 118935 118936 118937 118938 118939 118940 116941 118942 118943 118944 118945 118946 AMOUNT 266.05 1,078.28 66.20 3,098.10 69.99 19,672.63 4,220.98 20.01 6.57 228.44 794.10 16,077.80 13,097.93 228.78 84.55 8,344.01 5,200.00 193.24 8,878.30 7,297.15 702.00 4,673.95 162.56 95.50 94.19 64.08 105.00 143.73 45.29 10.00 26.33 54.27 158,898.64 500.00 240.00 253.94 27.16 1,000.00 318.57 2.73 48.95 9,063.52 3,946.86 40.47 227.60 13,529.22 46.75 ACS FINANCIAL SYSTEM 10/18/2006 15 CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 2 BANK VENDOR Check History 10/23/2006 COUNCIL LISTING CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT ENGLER/JENNIFER FSH COMMUNICATIONS, LLC G & K SERVICES GENUINE PARTS/NAPA AUTO GRIGGS-COOPER & CO HANSMANN/EARL HOHENSTEINS INC JJ TAYLOR DIST OF MN JOHNSON BROS. LIQUOR CO. KIWI KAI IMPORTS KLINGBEIL/LEAH LINDER'S GREENHOUSES MELSHA/MICHAEL MN DEPT OF HEALTH MN STATE FIRE CHIEFS ASS NEEDHAM DISTRIBUTING CO NEXTEL COMMUNICATIONS OFFICE DEPOT PETTY CASH - MARY DUGDAL SENSIBLE LAND USE COALIT SHAMROCK GROUP/ACE ICE SPECIALTY WINES & BEVERA UNIVERSITY OF MINNESOTA VERIZON - ATTN: PREPAY D WINE COMPANY/THE WINE MERCHANTS XCEL ENERGY (N S PI ABSOLUTE CLEAN INC ABSOLUTE TITLE & ABSTRAC ACE HARDWARE AID ELECTRIC SERVICE INC ALLIED BLACKTOP COMPANY AMERICAN WATER WORKS ASS AMERIPRIDE AMI ANCOM COMMUNICATIONS INC ANOKA COUNTY ANOKA COUNTY LIBRARY ANOKA COUNTY SHERIFFS DE ANOKA CTY - CENTRAL COMM ARCH WIRELESS/METROCALL ASPEN MILLS, INC. BAKER & TAYLOR BAKER & TAYLOR ENTERTAIN BARNA GUZY & STEFFEN LTD BATTERIES PLUS - 028 BLUEMELS TREE SERVICE 0\ 118947 118948 118949 118950 118951 118952 118953 118954 118955 118956 118957 118958 118959 118960 118961 118962 118963 118964 118965 118966 118967 118968 118969 118970 118971 118972 118973 118974 118975 118976 118977 118978 118979 118980 118981 118982 118983 118984 118985 118986 118987 118988 118989 118990 118991 118992 118993 250.00 58.58 93.25 270.46 10,286.88 4.15 3,800.25 11,403.80 25,291.10 2,014.96 215.44 1,287.39 6.09 96.00 275.00 333.65 360.66 53.18 157.85 64.00 484.00 572.58 537.00 67.75 1,161.25 413.35 5,982.49 1,214.11 142.00 105.43 887.24 2,466.40 137.00 38.19 152.50 294.59 19.50 2,466.67 93.72 1,248.44 77.74 289.12 3,333.31 29.96 13,682.00 53.23 1,486.31 ACS FINANCIAL SYSTEM 10/18/2006 15 BANK VENDOR Check History 10/23/2006 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 3 BANK CHECKING ACCOUNT BOLTON & MENK, INC BRODART BRYAN ROCK PRODUCTS, INC BUREAU OF CRIMINAL APPRE BURNET TITLE CARDINAL SERVICES CATCO PARTS SERVICE CENTRAL LANDSCAPING CINTAS FIRST AID-SAFETY CITY PAGES CLARK PRODUCTS INC COLUMBIA HEIGHTS HIGH SC COLUMBIA HEIGHTS RENTAL CRYSTEEL TRUCK EQUIPMENT CSC CREDIT SERVICES DEMCO, INC. DU ALL SERVICE CONTRACTO EMERGENCY AUTOMOTIVE TEC FIDELITY SERVICES INC G & K SERVICES GALE GROUP/THE GENE'S WATER & SEWER INC GENUINE PARTS/NAPA AUTO GROUNDS MAINTENANCE SERV INSTRUMENTAL RESEARCH IN INTERSTATE STRIPING IPC PRINTING JORDAN DAVID KIWANIS COLUMBIA HTS-FRI KIWANIS GOLDEN K FRID-CO LADTECH INC LOFFLER BUSINESS SYSTEMS LYLE SIGNS INC MAC QUEEN EQUIPMENT CO. MCCLELLAN SALES MEDTOX LABORATORIES INC MENARDS CASHWAY LUMBER-F METRO FIRE, INC METROPOLITAN COUNCIL WAS MINITEX - ATTN MARY GARC MINNEAPOLIS FINANCE DEPT MINNEAPOLIS OXYGEN CO. MN CHIEFS OF POLICE ASSO MN DEPT OF PUBLIC SAFETY MN HIGHWAY SAFETY & RESE MN POLLUTION CONTROL AGE MSP COMMUNICATIONS 0\ tv , 118994 118995 118996 118997 118998 118999 119000 119001 119002 119003 119004 119005 119006 119007 119008 119009 119010 119011 119012 119013 119014 119015 119016 119017 119018 119019 119020 119021 119022 119023 119024 119025 119026 119027 119028 119029 119030 119031 119032 119033 119034 119035 119036 119037 119038 119039 119040 AMOUNT 14,855.50 26.71 1,276.16 630.00 11. 36 415.00 303.80 296.93 240.99 450.00 54.73 55.00 61.44 117.13 25.00 113.53 505.62 94.25 5,491.66 2,343.61 69.65 2,060.00 332.91 720.00 621.15 366.24 277.53 823.12 457.95 457.95 51.65 334.41 433.98 1,701.67 166.14 90.22 9.81 420.00 66,210.13 232.00 76,048.51 11.50 57.72 40.00 628.00 2,550.00 400.00 ACS FINANCIAL SYSTEM 10/18/2006 15 BANK VENDOR Check History 10/23/2006 COUNCIL LISTING CHECK NUMBER CITY OF COLQMBIA HEIGHTS GL540R-V06.70 PAGE 4 BANK CHECKING ACCOUNT MTI DISTRIBUTING MURLOWSKI PROPERTIES INC MYERS TIRE SUPPLY COM PAN NATIONAL WATERWORKS, INC NORTHSTAR IRRIGATION SYS OFFICE DEPOT ONVOY PATCHIN MESSNER & DODD I PEOPLE WEEKLY PEPSI-COLA-7 UP POS PAPER. COM PROSOURCE TECHNOLOGIES I QUALITY RESTORATION SERV RADIO SHACK RANDOM HOUSE, INC RAPIT PRINTING - NEW BRI READY WATT ELECTRIC RECORDED BOOKS RICOH BUSINESS SYSTEMS ROAD SURFACING TECHNOLIG ROYAL TIRE SCHELEN GRAY ELECTRIC STAR TRIBUNE SUN PUBLICATION TECHDEPOT TERMINIX INTERNATIONAL TOXALERT, INC. U.S. BANK VERIZON WIRELESS WATER SHED PARTNERS 0'\ W 119041 119042 119043 119044 119045 119046 119047 119048 119049 119050 119051 119052 119053 119054 119055 119056 119057 119058 119059 119060 119061 119062 119063 119064 119065 119066 119067 119068 119069 119070 ~ AMOUNT 4,161.58 105.00 150.48 177.06 116.25 762.32 59.99 398.75 113.88 225.00 624.19 25,563.57 755.94 108.59 881.40 111.40 3,890.00 317.41 1,707.90 5,003.37 1,384.74 139.05 718.60 952.88 1,002.22 53.25 744.60 431. 25 34.06 1,500.00 614,138.38 *** ACS FINANCIAL SYSTEM 10/18/2006 15 BANK VENDOR REPORT TOTALS: 0\ .j>. CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 5 Check History 10/23/2006 COUNCIL LISTING CHECK NUMBER AMOUNT 614,138.38 RECORDS PRINTED - 000634 1I.CS FINANCIAL SYSTEM 10/18/2006 15:35:42 Check History CITY OF COLUMBIA HEIGHTS GL060S-V06.70 RECAPPAGE GL540R FUND RECAP: FUND DESCRIPTION DISBURSEMENTS 101 201 240 265 350 402 415 420 601 602 603 604 609 652 701 720 883 884 885 887 GENERAL COMMUNITY DEVELOPMENT FUND LIBRARY CONFISCATED/FORFEITED PROP 2004A GO TI REFUNDING BONDS STATE AID CONSTRUCTION CAPITAL IMPRVMT - PIR PROJ CAP IMPROVEMENT-DEVELOPMENT WATER UTILITY SEWER UTILITY REFUSE FUND STORM SEWER UTILITY LIQUOR SEWER CONSTRUCTION FUND CENTRAL GARAGE DATA PROCESSING CONTRIBUTED PROJECTS-GEN INSURANCE PAYROLL FUND FLEX BENEFIT FUND 53,204.03 1,655.45 9,621.56 334.41 431.25 219.00 21,986.30 36,713.63 79,803.77 67,298.49 71.49 1,559.90 166,913 . 52 250.00 11,273.14 126.71 1,698.81 2,078.28 150,749.53 8,149.11 614,138.38 TOTAL ALL FUNDS I 0\ Vl BANK RECAP: BANK NAME DISBURSEMENTS BANK CHECKING ACCOUNT TOTAL ALL BANKS 614,138.38 614,138.38 COLUMBIA HEIGHTS CITY COUNCIL LETTER eetmg 0 : cto er , AGENDA SECTION: Items for Consideration ORIGINATING DEPARTMENT: CITY MANAGER'S Other Ordinances and Resolutions 10 4 Community Development APPROV AL NO: ! ITEM: 2nd Reading: Ordinance 1517, Zoning BY: Jeff Sargent, City Planner BYtd1#41- Amendment to the Zoning Code as it Relates to DATE: October 12, 2006 ~ Swimming Pools and Portable Pools. M fOb 23 2006 BACKGROUND: By conducting inspections on residential properties in the summer of2006, it has become very apparent that residents of Columbia Heights utilize portable pools. These types of pools differ from other residential pools in that they are not permanent structures and can be easily maneuvered on a property. City Staff received some phone calls regarding these types of pools and how they are classified by Code. The current Zoning Code does not differentiate between portable pools and permanent swimming pools. For this reason, Staff has had to classify these pools as permanent, and would require portable pools to meet the same standards as other aboveground swimming pools. These standards include the requirement of a 6-foot tail fence and a buiiding permit required for installation. Some concerned residents were upset that they would have to fence in their entire backyard for a swimming pool that was not on the property permanently. The portable pool is typically installed at the beginning of the summer and removed when the weather gets cold. City Staff understands this concern and agrees that the current zoning code does not specifically address this type of swimming pool. For this reason, Staff proposes a zoning amendment that would allow portable swimming pools on residential properties, without needing to meet the requirements of permanent pools. P..ECOMMENDATION: The Plaruling a..l1d Zoping Corrmlission recommends th.at the City Council approve the requested zoning amendment. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1517, being ample copies available to the public. Move to adopt Ordinance No. 1517, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments. Attachments: Ordinance 1517 (2nd Reading), Ordinance 1517 (lSI Readin!;), and P+Z Memo. COlJNCIL ACTION: - 66- ORDINANCE NO. 1517 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005, RELATING TO SWIMMING POOLS AND PORTABLE POOLS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is thereby amended to read as follows: ~ 9.103 DEFINITIONS. SWIMMING POOL, PORTABLE. Any temporary pool designed for easy construction and removal with a maximum height of3.5 feet or a capacity ofless than 3,000 gallons of water. Chapter 9, Article I, Section 9.106 (C)(4) of the Columbia Heights City Code, which currently reads to wit: ~ 9.106 GENERAL DEVELOPMENT STANDARDS. (C) Accessory uses and structures (4) Private swimming pools and courts. All private swimming pools, tennis courts, ball courts and other private recreational facilities are subject to the following standards: (a) The facility in not operated as a business or private club. (b) The facility is not located within any required front or side yard. (c) The facility is set back at least five feet from any property line, including any walks, paved areas or related structures or equipment. (d) For swimming pools, the pool itself, the rear yard, or the entire property shall be enclosed by a non-climbable wall, fence or combination thereof at least six feet in height, with a self-closing gate capable of being secured with a lock so as to prevent uncontrolled access by children. If the only access is through a principal or accessory structure, such point of access shall be lockable. In the case of aboveground pools, polls sides that are vertical may contribute to the required fencing, provided all points of access are controlled to prevent access by children, including the removal of all ladders or stairs whenever the pool is not in use. (e) For in-ground pools, the pool is set back at least six feet from the principal structure. (f) Hot tubs shall not be located within five (5) feet 'of any side yard or rear lot line, or within artY required front yard. Such pools may be equipped with a child-resistant, lockable cover in lieu of a six-foot tall fence. Hot tubs are permitted on attached or detached decks if it can be proven that the deck is engineered to be structurally sound enough to support the bearing load of the hot tub. (g) Lighting shall be so oriented so as not to cast light on adjacent properties. (h) The facility shall not be located within any drainage or utility easement. (i) Any accessory mechanical apparatus shall be located at least 30 feet from any residential structure on an adjacent lot. (j) All swimming pools containing more than 3,000 gallons or with a depth in excess of 42 inches (3.5 feet) shall require a building permit from the city. Is thereby amended to read as follows: ~ 9.106 GENERAL DEVELOPMENT STANDARDS. (C) Accessory uses and structures (4) Private swimming pools and courts. All private swimming pools, tennis courts, ball courts and other private recreational facilities are subject to the following standards: (a) The facility in not operated as a business or private club. (b) The facility is not located within any required front or side yard. (c) The facility is set back at least five feet from any property line, including any walks, paved areas or related structures or equipment. (d) For swimming pools, the pool itself, the rear yard, or the entire property shall be enclosed by a non-climbable wall, fence or combination thereof at least six feet in height, with a self-closing gate capable of being secured with a lock so as to prevent uncontrolled access by children. If the only access is through a principal or accessory structure, such point of access shall be lockable. In the case of aboveground pools, polls sides that are vertical may contribute to the required fencing, provided all points of access are controlled to prevent access by children, including the removal of all ladders or stairs whenever the pool is not in use. (e) For in-ground pools, the pool is set back at least six feet from the principal structure. (f) Hot tubs shall not be located within five (5) feet of any side yard or rear lot line, or within aJij Tequired front yard. Such pools may be equipped with a child-resistant, lockable cover in lieu of a six-foot tall fence. Hot tubs are permitted on attached or detached decks if it can be proven that the deck is engineered to be structurally sound enough to support the bearing load of the hot tub. (g) Portable pools shall not be located within five (5) feet of any side or rear lot line, or within any required front yard. Such pools may be equipped with a child-resistant cover in lieu of a six-foot tall fence. Any ladder or other means of entry into a portable pool shall be detachable and placed so that no child can gain entry into the pool without the owner's consent. Portable pools shall not be in place longer than six (6) months in a calendar year. (h) Lighting shall be so oriented so as not to cast light on adjacent properties. (i) The facility shall not be located within any drainage or utility easement. U) Any accessory mechanical apparatus shall be located at least 30 feet from any residential structure on an adjacent lot. (k) All swimming pools containing more than 3,000 gallons or with a depth in excess of 42 inches (3.5 feet) shall require a building permit from the city. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: October 9,2006 October 23, 2006 October _, 2006 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary - 69 - ORDINANCE NO. 1517 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO PORTABLE POOLS IN ALL RESIDENTIAL DISTRICT THROUGHOUT THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is proposed to include the following additions and deletions. ~ 9.103 DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. SWIMMING POOL, PORTABLE. Any temporary pool designed for easy construction and removal with a maximum height of 3.5 feet or a capacity of less than 3,000 gallons of water. Chapter 9, Article I, Section 9.106(C)(4) of the Columbia Heights City Code, is proposed to include the following additions and deletions. ~ 9.106 GENERAL DEVELOPMENT STANDARDS (C) Accessory uses and structures. (4) Private swimming pools and courts. (g) Portable pools shall not be located within five (5) feet of any side or rear lot line, or within any required front yard. Such pools may be equipped with a child-resistant cover in lieu of a six-foot tall fence. Any ladder or other means of entry into a portable pool shall be detachable and placed so that no child can gain entry into the pool without the owner's consent. Portable pools shall not be in place longer than six (6) months in a calendar year. fg1(h) Lighting shall be so oriented as to not cast light on adjacent properties. W(i) The facility shall not be located within any drainage or utility easement. EBG) Any accessory mechanical apparatus shall be located at least 30 feet from any residential structure on an adjacent lot. ffi(k) All swimming pools containing more than 3,000 gallons or with a depth in excess of 42 inches (3.5 feet) shall require a building permit from the city. ~ 70. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: ,2006 ,2006 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, Deputy City Clerk - 71 - CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2006-1003 DATE: October 3, 2006 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights REQUEST: Zoning Amendment to the Zoning Code as it relates to Portable Swimming Pools PREPARED BY: Jeff Sargent, City Planner BACKGROUND: By conducting inspections on residential properties in the summer of 2006, it has become very apparent that residents of Columbia Heights utilize portable.pools. These types of pools differ from other residential pools in that they are not permanent structures and can be easily maneuvered on a property. City Staff received some phone calls regarding these types of pools and how they are classified by Code. The current Zoning Code does not differentiate between portable pools and permanent swimming pools. For this reason, Staff has had to classify these pools as permanent, and would require portable pools to meet the same standards as other aboveground swimming pools. These standards include the requirement of a 6-foot tall fence and a building permit required for installation. Some concerned residents were upset that they would have to fence in their entire backyard for a swimming pool that was not on the property permanently. The portable pool is typically installed at the beginning of the summer and removed when the weather gets cold. City Staff understands this concern and agrees that the current zoning code does not specifically address this type of swimming pool. For this reason, Staff proposes a zoning amendment that would allow portable swimming pools on residential properties, without needing to meet the requirements of permanent pools. CONSISTENCY WITH COMPREHENSIVE PLAN: The proposed zoning amendment will not be creating any new zoning classifications. For this reason, the proposed amendment will be consistent with the current Comprehensive Plan. .72. City of Columbia Heights Planning Commission Text Amendment, Portable Pools October 3, 2006 Case # 2006-1003 FINDINGS OF FACT: The City Council shall make the following findings before granting approval of a request to amend the City Code. These findings are as follows: a) The amendment is consistent with the comprehensive plan. The proposed zoning amendment will not be creating any new zoning classifications. For this reason, the proposed amendment will be consistent with the current Comprehensive Plan. b) The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would allow individuals to locate a portable pool on their property without having to meet the same standards as a pennanent swimming pool. The zoning amendment is for the entire City. c) Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The proposed zoning amendment will not be changing the zoning classification of any parcel within the City. d) Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification. The proposed zoning amendment will not be changing the zoning classification of any parcel within the City. RECOMMENDATION: City Staff recommends that the Planning and Zoning Commission recommend approval of the proposed zoning amendment as outlined in the attached draft ordinance. This ordinance amendment would allow for the use of portable swimming pools without meeting the same minimum requirements of a permanent swimming pool. Motion: The Planning Commission recommends that the City Council approve the text amendments as outlined in the attached draft ordinance. Attachments: Draft Ordinance - 73. Page 2 City of Columbia Heights Planning Commission Text Amendment, Portable Pools October 3, 2006 Case # 2006-1003 - 74- Page 3 - 75- COLUMBIA HEIGHTS CITY COUNCIL LETTER eetmg 0 : cto er , AGENDA SECTION: Items for Consideration ORIGINATING DEPARTMENT: CITY MANAGER'S Other Ordinances and Resolutions 00 Community Development APPRO V AL NO: / ITEM: 2nd Reading: Ordinance 1516, Zoning BY: Jeff Sargent, City Planner BY:~~J( :-- Amendment to the Zoning Code as it Relates to DATE: October 12,2006 ~ _" 2't.. , Correctional Residential Care Facilities. M fOb 23 2006 BACKGROUND: On March 8, 2006, a group called ATTIC approached the City with a request to place a halfway house in the City . ATTIC specializes in placing ex -convicts into halfway homes in residential areas, as part of the tra.nsition for these individuals back into society. ATTIC worked in conjunction with the t..1imlesota Department of Corrections to locate a transitional housing unit at 1008 Gould A venue. It was discovered that the proposed housing unit would be located adjacent to an existing residential facility used to house people with drug and alcohol dependencies. The Council indicated that locating these types of uses next to each other would not be appropriate in a predominately single-family neighborhood, and imposed a moratorium regarding transitional housing on March 13,2006 for a one-year period. At this time, Staff proposes an amendment to the Zoning Code to address the Council's concern. Staff proposes modifying the Correctional Residential Care Facility Section, by defining the term and permitting this type of use in the "I-I" and "1-2" Industrial Districts through the Conditional Use Permit process. Essentially, these types of facilities shall only be located in the "1-1" and "1-2" Districts and cannot be located within Y4 mile, or 1,320 feet from another similar facility. P~COMMENDATION: The Plan.Iling CL."'1d Zoning COIrJ.J.-nission recoITL.9Jlends L.l-:tat the City COlliT'jcil approve the requested zoning amendment. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1516, being ample copies available to the public. Move to adopt Ordinance No. 1516, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments. Attachments: Ordinance 1516 (2"d Readinfl), Ordinance 1516 (1" Reading), andP+ZMemo. COUNCIL ACTION: - 76 - ORDINANCE NO. 1516 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE 1-1, LIGHT INDUSTRIAL DISTRICT AND THE 1-2, GENERAL INDUSTRIAL DISTRICT IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is thereby amended to read as follows: ~ 9.103 DEFINITIONS. RESIDENTIAL CARE FACILITY, CORRECTIONAL. A licensed public or private facility, which, for gain or otherwise, regularly provides one or more dependents with 24- hour-a-day substitute for the care, food, lodging, training, supervision, rehabilitation, and treatment they need, but which for any reason cannot be furnished in the department's own home. The term includes facilities that are licensed by the Minnesota Department of Health, foster homes, residential treatment facilities, maternity shelters, group homes, schools for challenged children, and home for battered children or spouses. Such tenn shall also include any facility eligible for licensure by the Minnesota Department of Corrections. Chapter 9, Article I, Section 9.107 (C)(37) of the Columbia Heights City Code, which currently reads to wit: ~ 9.107 SPECIFIC DEVELOPMENT STANDARDS. (C) Specific Development Standards. The following uses are subject to specific development standards: (37) Residential care facility, correctional. (a) The use shall be located at least ~ mile (1,320 feet) from all existing residential care facilities and correctional residential care facilities, regardless of the licensing status of such facilities. (b) The use shall not be located in a two-family or multiple-family dwelling unless it occupies the entire structure. (c) The facility shall be located on a parcel meeting the minimum lot size for single-family dwelling plus and area of 300 square feet for each resident over six. The maximum number of residents may be specified as a condition of the conditional use permit in order to meet this requirement. Cd) On-site services shall be for residents of the facility only. (e) The building and any exterior fenced areas shall meet the setback requirements of the zoning district in which the use is located. (f) To the extent practical, all new-alnstruction or additions to existing buildings shall be compatible with the scale and character of the surroundings, and exterior building materials shall be compatible with other buildings in the neighborhood. (g) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening and other site improvements consistent with the character if the neighborhood. (h) The facility shall meet all applicable housing, building and fire codes and be licensed as required by the State of Minnesota. (i) If the size, location, licensing or purpose of the facility changes, a new or amended conditional use permit may be required. Is thereby amended to read as follows: ~ 9.107 SPECIFIC DEVELOPMENT STANDARDS. (C) Specific Development Standards. The following uses are subject to specific development standards: (37) Residential care facility, correctional. (37) Residential care facility, correctional. (a) The use shall be located at least Y. mile (1,320 feet) from all existing residential care facilities and correctional residential care facilities, regardless of the licensing status of such facilities measured from property line to property line. (b) The use shall only be located in the I-I, Light Industrial District and the 1-2, General Industrial District parcels throughout the City. (c) The use shall not be located in a two-family or multiple-family dwelling unless it occupies the entire structure. (d) The facility shall be located on a parcel meeting the minimum lot size for single-family dwelling plus and area of 300 square feet for each resident over two. The maximum number of residents shall not exceed four (4). (e) On-site services shall be for residents of the facility only. (f) The building and any exterior fenced areas shall meet the setback requirements of the zoning district in which the use is located. (g) To the extent practical, all new construction or additions to existing buildings shall be compatible with the scale and character of the surroundings, and exterior building materials shall be compatible with other buildings in the neighborhood. (h) An appropriate transition area betteen the use a..'1d adjacent property shall be provided by landscaping, screening and other site improvements consistent with the character if the neighborhood. (i) The facility shall meet all applicable housing, building and fire codes and be licensed as required by the State of Minnesota. G) If the size, location, licensing or purpose of the facility changes, a new or amended conditional use permit may be required. Chapter 9, Article I, Section 9.111 (D)(3) of the Columbia Heights City Code, which currently reads to wit: ~ 9.111 INDUSTRIAL DISTRICTS. (D) I-I, Light Industrial District. (3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the I-I, Light Industrial District, subject to the regulations set forth for conditional uses in 9 9.104, Administration and Enforcement, and the regulations for specific uses set forth in 99.107, Specific Development Standards. (a) Caretaker's residence. (b) Outdoor sales and/or display. (c) Outdoor storage. (d) Parking ramp. (e) Concrete, asphalt or rock crushing operation. (f) Salvage operation/transfer station. (g) Adult entertainment use. Is thereby amended to read as follows: ~ 9.111 INDUSTRIAL DISTRICTS. (D) I-I, Light Industrial District. (3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the I-I, Light Industrial District, subject to the regulations set forth for conditional uses in 9 9.104, Administration and Enforcement, and the regulations for specific uses set forth in 9 9.107, Specific Development Standards. (h) Caretaker's residence. (i) Outdoor sales and/or display. (j) Outdoor storage. (k) Parking ramp. (1) Concrete, asphalt or rock crushing operation. (m) Salvage operation/transfer station. (n) Adult entertainment use. eo) State licensed residential care facility, correctional. - 79- Chapter 9, Article I, Section 9.111 (E)(3) of the Columbia Heights City Code, which currently reads to wit: ~ 9.111 INDUSTRIAL DISTRICTS. (E) /-2, General Industrial District. (3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the 1-2, General Industrial District, subject to the regulations set forth for conditional uses in ~ 9.104, Administration and Enforcement, and the regulations for specific uses set forth in g 9.107, Specific Development Standards. (a) Caretaker's residence. (b) Outdoor sales and/or display. (c) Outdoor storage. (d) Parking ramp. (e) Concrete, asphalt or rock crushing operation. (f) Salvage operation/transfer station. (g) Adult entertainment use. Is thereby amended to read as follows: ~ 9.111 INDUSTRIAL DISTRICTS. (E) /-2, General Industrial District. (3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the 1-2, General Industrial District, subject to the regulations set forth for conditional uses in ~ 9.104, Administration and Enforcement, and the regulations for specific uses set forth in ~ 9.107, Specific Development Standards. (a) Caretaker's residence. (b) Outdoor sales and/or display. (c) Outdoor storage. (d) Parking ramp. (e) Concrete, asphalt or rock crushing operation. (f) Salvage operation/transfer station. (g) Adult entertainment use. (h) State licensed residential care facility, correctional. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: October 9, 2006 October 23, 2006 October _, 2006 - 80- Offered by: Seconded by: Roll Call: Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary Mayor Gary L. Peterson - 81 - ORDINANCE NO. 1516 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE 1-1, LIGHT INDUSTRlAL DISTRlCT AND THE 1-2, GENERAL INDUSTRlAL DISTRlCT IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is proposed to include the following additions and deletions. ~ 9.103 DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. RESIDENTIAL CARE FACILITY, CORRECTIONAL. A licensed public or private facility, which, for gain or otherwise, regularly provides one or more dependents with 24-hour-a-day substitute for the care, food, lodging, training, supervision, rehabilitation, and treatment they need, but which for any reason cannot be furnished in the department's own home. The term includes facilities that are licensed by the Minnesota Department of Health, foster homes, residential treatment facilities, maternity shelters, group homes, schools for challenged children, and home for battered children or spouses. Such term shall also include any facility eligible for licensure by the Minnesota Department of Corrections. Chapter 9, Article I, Section 9.107 (C)(37) of the Columbia Heights City Code, is proposed to include the following additions and deletions. (37) Residential care facility, correctional. (a) The use shall be located at least 'l4 mile (1,320 feet) from all existing residential care facilities and correctional residential care facilities, regardless of the licensing status of such facilities measured from property line to property line. (b) The use shall only be located in the 1-1, Light Industrial District and the 1-2, General Industrial District parcels throughout the City. W(c) The use shall not be located in a two-family or multiple-family dwelling unless it occupies the entire structure. fej( d) The facility shall be located on a parcel meeting the minimum lot size for single-family dwelling plus and area of 300 square feet for each resident over ~ two. The maximum number of residents may be specified us a condition of the conditional use permit in order to meet this requirement shall not exceed four (4). - 82- E4t(e) On-site services shall be for residents of the facility only. tet(!) The building and any exterior fenced areas shall meet the setback requirements of the zoning district in which the use is located. OO(g) To the extent practical, all new construction or additions to existing buildings shall be compatible with the scale and character of the surroundings, and exterior building materials shall be compatible with other buildings in the neighborhood. Egf(h) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening and other site improvements consistent with the character if the neighborhood. f.8j(i) The facility shall meet all applicable housing, building and fire codes and be licensed as required by the State of Minnesota. tBm If the size, location, licensing or purpose of the facility changes, a new or amended conditional use permit may be required. Chapter 9, Article I, Section 9.111 (D)(3) and 9.111 (E)(3) of the Columbia Heights City Code, is proposed to include the following additions: ~ 9.111 INDUSTRIAL DISTRICTS. (D) 1-1, Light Industrial District. (3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the I-I, Light Industrial District, subject to the regulations set forth for conditional uses in ~ 9.104, Administration and Enforcement, and the regulations for specific uses set forth in ~ 9.107, Specific Development Standards. (a) Caretaker's residence. (b) Outdoor sales and/or display. (c) Outdoor storage. (d) Parking ramp. (e) Concrete, asphalt or rock crushing operation. (f) Salvage operation/transfer station. (g) Adult entertainment use. (h) State licensed residential care facility, correctional. (E) 1-2, General Industrial District. (3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the 1-2, General Industrial District, subject to the regulations set forth for conditional uses in ~ 9.104, Administration and Enforcement, and the regulations for specific uses set forth in 99.107, Specific Development Standards. - 83 - (a) Caretaker's residence. (b) Outdoor sales and/or display. (c) Outdoor storage. (d) Parking ramp. (e) Concrete, asphalt or rock crushing operation. (:t) Salvage operation/transfer station. (g) Adult entertainment use. (h) State licensed residential care facility, correctional. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: ,2006 ,2006 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, Deputy City Clerk - 84- CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: DATE: TO: 2006-1002 October 3, 2006 Columbia Heights Planning Commission APPLICANT: City of Columbia Heights REQUEST: Zoning Amendment to the Zoning Code as it relates to Transitional Housing. PREPARED BY: Jeff Sargent, City Planner BACKGROUND: On March 8, 2006, a group called A TIIC approached the City with a request to place a halfway house in the City. A TIIC specializes in placing ex-convicts into halfway homes in residential areas, as part of the transition for these individuals back into society. A TIIC worked in conjunction with the Minnesota Department of Corrections to locate a transitional housing unit at 1008 Gould Avenue. It was discovered that the proposed housing unit would be located adjacent to an existing residential facility used to house people with drug and alcohol dependencies. The Council indicated that locating these types of uses next to each other would not be appropriate in a predominately single-family neighborhood, and imposed a moratorium regarding transitional housing on March 13, 2006 for a one-year period. At this time, Staff proposes an amendment to the Zoning Code to address the Council's concern. The current zoning code directly addresses the halfway home type of housing, referring to this type of housing as a "Correctional Residential Care Facility". The Code, however, only addresses this type of housing in Section 9.107, which is the Specific Development Standards section of the Code. There is no other reference to this type of housing anywhere else throughout the code and it is also not defined in the definitions section. Staff proposes modifying the Correctional Residential Care Facility Section, by defining the term and permitting this type of use in the "1_1" and "1-2" Industrial Districts through the Conditional Use Permit process. Essentially, these types of facilities shall only be located in the "I" and "1_2" Districts and cannot be located within % mile, or 1,320 feet from another similar facility. - 85 - City of Columbia Heights Planning Commission Text Amendment, Transitional Housing October 3, 2006 Case # 2006-1002 CONSISTENCY WITH COMPREHENSIVE PLAN: The Comprehensive Plan would not be affected with the proposed zoning amendment, as there will be no rezoning of any parcel in the City. FINDINGS OF FACT: The City Council shall make the following findings before granting approval of a request to amend the City Code. These findings are as follows: a) The amendment is consistent with the comprehensive plan. The Comprehensive Plan would not be affected with the proposed zoning amendment, as there will be no rezoning of any parcel in the City. b) The amendment is in the public interest and is not solely for the benefit of a single property owner. It is in the public interest to locate these types of housing units in an area in the City that would have the least influence on the residential neighborhoods in the City. One of the major goals of the Comprehensive Plan is to preserve the character of the residential areas throughout the City and the proposed amendment would help accomplish this. c) Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The proposed zoning amendment would not change the zoning classification of any parcel in the City. d) Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification. The proposed zoning amendment would not change the zoning classification of any parcel in the City. RECOMMENDATION: City Staff recommends that the Planning and Zoning Commission recommend approval of the proposed zoning amendment as outlined in the attached draft ordinance. This ordinance amendment would limit the location of Correctional Residential Care Facilities to the Industrially zoned parcels in the City. - 86 - Page 2 City of Columbia Heights Planning Commission Text Amendment, Transitional Housing October 3, 2006 Case # 2006-1002 Motion: The Planning Commission recommends that the City Council approve the text amendments as outlined in the attached draft ordinance. Attachments . Draft Ordinance - 87- Page 3 CITY COUNCIL LETTER Meeting of October 23,2006 AGENDA SECTION: Resolutions NO: ITEM: L?t ORIGINATING DEP AR TMENT: Fire CITY MANAGER APPROV AL Adopt Resolution For Revocation BY: Gary Gorman DATE: October 17, 2006 DATE: NO: 2006~208 Revocation ofthe license to operate a rental unit within the City of Columbia Heights is requested against Scott Barrett regarding rental property at 4244 Washington Street N.E. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No.2006-208, there being fullple copies available to the nllhlic. r-.----- RECOMMENDED :MOTION: Move to adopt Resolution No. 2006-208, 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 Scott Barrett regarding rental property at 4244 Washington Street N.E. COUNCIL ACTION: - 88 - RESOLUTION 2006-208 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 Scott Barrett (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4244 Washington 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 October 3, 2006 of an public hearing to be held on October 23,2006. 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 or about August 15, 2006, inspection office staff sent a letter requesting the owner of the property to re-license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on October 3, 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: a. Failure to re-license the rental license for the property, failure to submit the application and the fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article ill 5A.306 and 5A.303(A). ORDER OF COUNCIL I. The rental license belonging to the License Holder described herein and identified by license number F7429 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; - 89 - 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. Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary - 90- CITY COUNCIL LETTER Meeting of October 23,2006 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY (yl) Fire MANAGER NO: APPRO V AL BY:df;tl~ I-- ITEM: Adopt Resolution For BY: Gary Gorman Revocation DATE: October 17,2006 DATE: NO: 2006-209 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Christopher and Tracy Decker regarding rental property at 660-662 47-!/2 Avenue N.E. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No.2006-209, there being arnple copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-209, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SAA08(A) of the rental license held by Christopher and Tracy Decker regarding rental property at 660-66247-1/2 Avenue N.E. - 91 - RESOLUTION 2006-209 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Christopher and Tracy Decker (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 660-662 47-1/2 Avenue 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 September 27, 2006 of an public hearing to be held on October 23, 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 or about July 15, 2006, inspection office staff sent a letter requesting the owner of the property to re-license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on September 27, 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: a. Failure to schedule a license renewal inspection for the interior of the building/rental units. 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 ill 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 F7819B 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; - 92- 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. Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary - 93 - CITY COUNCIL LETTER Meeting of October 23, 2006 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY toE Fire MANAGER NO: APPROV AL ITEM: Adopt Resolution For BY: Gary Gorman BY:4~ ::...-- Revocation DATE: October 17, 2006 DATE: NO: 2006-210 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Joseph Deggendorf regarding rental property at 1204-1206 Cheery La..ne N.E. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No.2006-210, there being ample copies available to the pubiic. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-210, 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 Joseph Deggendorf regarding rental property at 1204-1206 Cheery Lane N.E. COUNCIL ACTION: - 94- RESOLUTION 2006-210 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 Joseph Deggendorf (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1204-1206 Cheery Lane N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on October 3,2006 ofan public hearing to be held on October 23, 2006. Now, therefore, in accordance with the foregoing, and all ordinances and regulations ofthe City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about August 15, 2006, inspection office staff sent a letter requesting the owner of the property to re-license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on October 3, 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: a. Failure to schedule a license renewal inspection for the interior of the building/rental units. b. Failure to submit a rental license renewal application and required fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL I. The rental license belonging to the License Holder described herein and identified by license number F731 0 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; - 95 - 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. Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary - 96- CITY COUNCIL LETTER Meeting of October 23, 2006 AGENDA SECTION: Resolutions NO: ITEM: ~F ORIGINATING DEPARTMENT: Fire Adopt Resolution For Revocation BY: Gary Gorman DATE: October 17,2006 I NO: 2006-211 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Ryan Foltz regarding rental property at 1211-1213 Cheery Lane N .E. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No.2006-211, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-211, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Ryan Foltz regarding rental property at 1211-1213 Cheery Lane N.E. COUNCIL ACTION: - 97 - RESOLUTION 2006-211 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) ofthat certain residential rental license held by Ryan Foltz (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1211-1213 Cheery Lane 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 October 3, 2006 of an public hearing to be held on October 23, 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 or about August 15,2006, inspection office staff sent a letter requesting the owner of the property to re-license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on October 3, 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: a. Failure to schedule a license renewal inspection for the interior of the building/rental units. b. Failure to submit a rental license renewal application and required fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rentaIlicense belonging to the License Holder described herein and identified by license number F7428 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; - 98- 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. Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary - 99- CITY COUNCIL LETTER Meeting of October 23. 2006 NO: ITEM: (0(;- ORIGINATING DEPARTMENT: Fire AGENDA SECTION: Resolutions Adopt Resolution For Revocation BY: Gary Gorman I NO: 2006-212 DATE: October 17,2006 I Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Kyle Smith regarding rental property at 4544 Fillmore Street N.E. for failure to meet the requirements of the Residential Maintena..'1c.e Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No.2006-212, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-212, 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 Kyle Smith regarding rental property at 4544 Fillmore Street N.E. Inn IVV - RESOLUTION 2006-212 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 Kyle Smith (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4544 Fillmore 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 October 2, 2006 of an public hearing to be held on October 23, 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 or about September 18, 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 October 2, 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: a. Failure to submit a rental license renewal application and required fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U4544 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. - 101 - Passed this day of Offered by: Second by: Roll Call: Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary 2006 - 102 - Mayor Gary L. Peterson CITY COUNCIL LETTER Meeting of October 23, 2006 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROV AL NO: ITEM: ~ Adopt Resolution For Revocation BY: Gary Gorman DATE: October 17,2006 NO: 2006-213 Revocation ofthe license to operate a rental unit within the City of Columbia Heights is requested against Becky Xiong regarding rental property at 4642 Taylor Street N.E. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No.2006-213, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-213, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Becky Xiong regarding rental property at 4642 Taylor Street N.E. COUNCIL ACTION: - 103 - RESOLUTION 2006-213 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 Becky Xiong (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4642 Taylor Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 20, 2006 of an public hearing to be held on October 23, 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 August 15, 2006, inspectors for the City of Columbia Heights, inspected the property described above and noted six violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on September 20, 2006, inspectors for the City of Columbia Heights, reinspected the property and noted six violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on October 16, 2006, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted five violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to correct RMC violations. The violations are as follows; 1. Downstairs, Shall remove the sheetrock in the southeast comer bedroom and remove the mold from the structure. 11. Downstairs, Shall replace the removed sheetrock in the southeast corner bedroom. Shall paint the sheetrock lll. Outside, Shall correct the drainage problem in the front. Water is entering the structure and causing mold. Shall install downspouts on the structure. IV. Shall remove the scrub growth from all around the property. v. Shall remove all/any outside storage from the property. Items include, But not limited to, 1. Miscellaneous junk behind the garage. - 104 - 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 SA, 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 F7574 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. Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary - 105 - CITY COUNCIL LETTER Meeting of October 23.2006 AGENDA SECTION: Public Hearings 0I ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROVAL NO: ITEM: Adopt Resolution For Abatement BY: Gary Gorman DATE: October 17,2006 NO: 2006-192 Declaration of a nuisance and abatement of violations ""ltmn the City of Columbia Hf'yp-ht" y" rf'lllle"ted ap-aynst Robert Barron reQarding nronertv at 4228 5th Street N.E. ----0--------"""1.---------0-------- - "",'" 0 '-'.1-...." for failure to meet the requirements of the Residential Maintenance Code. H..ECOI-,t1,,},,1ENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-192, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-192, a resolution of the City Council of the City of Columbia Heights declaring the property at 4228 5th Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. - 106 - RESOLUTION 2006-192 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 Robert Barron (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4228 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 September 14, 2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 30, 2006 an inspection was conducted on the property listed above. Inspectors found four violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 14,2006, inspectors reinspected the property listed above. Inspectors noted that four 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 October 16,2006, inspectors reinspected the property and found that four violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall remove any/all scrub growth from around the house and around the garage. B. Shall repair the siding on the garage on the south side. C. Shall scrape and paint the trim on the house and the garage. D. Shall remove stump on north side of property near the alley. Must be ground down to 6 inches below grade then filled in. 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). - 107 - CONCLUSIONS OF COUNCIL 1. That the property located at 4228 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 dilly 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 4228 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 Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary - 108 - CITY COUNCIL LETTER Meeting of October 23,2006 AGENDA SECTION: Public ORIGlNA TlNG DEPARTMENT: CITY Hearings Fire MANAGER NO: tvI APPRO V AL ITEM: Adopt Resolution For BY: Gary Gorman BY/t4P4-/ V Abatement DATE: October 17, 2006 DATE: NO: 2006-193 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Gary Dungey regarding property at 233 42nd Avenue N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hea..ring and to waive the reading of Resolution No. 2006-193, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-193, a resolution of the City Council of the City of Columbia Heights declaring the property at 233 42nd Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. - l09 - RESOLUTION 2006-193 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 Gary Dungey (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 233 42nd Ave 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 September 14, 2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT I. That on October 12, 2005 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 October 21, 2005, inspectors re-inspected 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. At that time, an extension was requested and granted until September 14, 2006 3. That on September 14, 2006, inspectors reinspected the property and found that one violation remained uncorrected. 4. That on October 16, 2006 inspectors re-inspected the property and found that one violation remained uncorrected. 5. 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. Shall remove any/all dead trees and remove their stumps to below ground level. 6. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 233 42nd Ave N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. - 110- 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 233 42nd Ave 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 Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -111- CITY COUNCIL LETTER Meeting of October 23,2006 AGENDA SECTION: Public Hearings ORIGINATING DEP AR TMENT: Fire CITY MANAGER APPROV AL NO: Iot( ITEM: Adopt Resolution For Abatement BY: Gary Gorman DATE: October 17, 2006 NO: 2006-194 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against F. C. Celtic LLC regarding property at 3853 Central Avenue N .E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Iviove to close the public hearing alld to \XJaive the reading of Resolution No. 2006-194, there being an1ple copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-194, a resolution of the City Council of the City of Columbia Heights declaring the property at 3853 Central Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: - 112 - RESOLUTION 2006-194 Resolution of the City Council for the City of Colwnbia 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 FC Celtic LLC (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3853 Central Ave 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 September 28, 2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT I. That on August 18, 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 September 28,2006 inspectors re-inspected 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 October 16, 2006, inspectors reinspected the property and found that two violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall remove all areas of scrub growth in the rear of the property near the deck B. Shall scrape and paint house where it is peeling. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL I. That the property located at 3853 Central Ave 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 ofthis hearing, -iB- 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 3853 Central Ave 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 day of 2006 Passed this Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary - 114 - CITY COUNCIL LETTER Meeting of October 23, 2006 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: (yL APPROV AL , ITEM: Adopt Resolution For BY: Gary Gorman BY:It!4/f V Abatement DATE: October 17, 2006 DATE: NO: 2006-195 DecIaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Rory R Franzen regarding property at 3713 Quincy Street N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: ?-.10ve to dose the public hearing and to waive the reading of Resolution No. 2006-195, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-195, a resolution of the City Council of the City of Columbia Heights declaring the property at 3713 Quincy Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. - lIS - RESOLUTION 2006-195 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 Rory B. Franzen (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3713 Quincy St 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 September 28, 2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 15, 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 September 22,2006 inspectors re-inspected 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 October 16, 2006, inspectors reinspected the property and found that two violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall repair holes in overhead garage doors and paint doors B. Shall remove any/all outside storage from the property. Shall store in shed or garage. Items include, BUT NOT LIMITED TO; i. Tires from along side 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 3713 Quincy St N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. - 116- 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 3713 Quincy St 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 Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary -117- CITY COUNCIL LETTER Meeting of October 23. 2006 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: to (v\ APPROV AL ITEM: Adopt Resolution For BY: Gary Gorman BYlvf ;tit! /'" Abatement DATE: October 17, 2006 DATE: NO: 2006-196 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Michael 1. Thoennes, D.D.S. regarding property at 666 40th Avenue N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-196, there being ample copies available to the public, RECOMMENDED MOTION: Move to adopt Resolution No. 2006-196, a resolution of the City Council of the City of Columbia Heights declaring the property at 666 40th Avenue N .E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. -1I8- RESOLUTION 2006-196 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Michael J Thoennes DDS (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 666 40th Ave 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 September 21, 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 August 10, 2006 an inspection was conducted on the property listed above. Inspectors found six violations. A compliance(order was sent via regular mail to the owner at the address. 2. That on September 21, 2006 inspectors re-inspected the property listed above. Inspectors noted that six 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 October 16,2006, inspectors reinspected the property and found that six violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall remove all downed tree branches in the back yard B. Shall remove branches from roof of structure C. Shall remove all brush piles from the back yard D. Shall clean out all gutters E. Shall cut down any/all scrub growth from NE comer of building F. Shall install address numbers on the rear ofthe building 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 -119- 1. That the property located at 666 40th Ave 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 666 40th Ave 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 Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary - i20 - CITY COUNCIL LETTER Meeting of October 23, 2006 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: (0 \\1 APPROV AL ITEM: Adopt Resolution For BY: Gary Gorman BYb/4I~ Abatement DATE: October 17, 2006 DATE: I NO: 2006-197 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Molly Hobbs. regarding property at 1401-1403 Parkview Lane N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-197, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-197, a resolution of the City Council of the City of Columbia Heights declaring the property at 1401- 1403 Parkview Lane N .E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. '''' .. 1"::'1 RESOLUTION 2006-197 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 Molly Hobbs (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1401-1403 Parkview Lane 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 September 20, 2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 15, 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 September 20, 2006, inspectors reinspected the property listed above. Inspectors noted that ten 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 October 16, 2006, inspectors reinspected the property and found that ten 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: A. Shall remove the scrub growth from the property. B. Shall scrape and paint the trim on the house. C. Shall repair the loose handrail in front. D. Shall replace the missing front storm door. E. Shall repair all windows and screens that are damaged. F. Shall repair the handrail on the 1403 side, in the rear. G. Shall cut and remove all/any long grass and weeds from the property. H. Shall repair the damaged stucco on the west side of 1401. I. Shall repair or replace the shingles on the shed in back. J. Shall paint the shed in back. 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). - i22 - CONCLUSIONS OF COUNCIL 1. That the property located at 1401-1403 Parkview Lane 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 1401-1403 Parkview Lane 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 Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary - 123 - CITY COUNCIL LETTER Meeting of October 23,2006 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: ~O APPROV AL ITEM: Adopt Resolution For BY: Gary Gorman BY: ~ftf/ Abatement DATE: October 17,2006 DATE: NO: 2006-198 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Mony Hobbs. regarding property at 1401-1403 Parkview Lane N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public heal'ing arid to waive the reading of Resolution No. 2006-198, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-198, a resolution of the City Council of the City of Columbia Heights declaring the property at 1401- 1403 Parkview Lane N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. - 124- RESOLUTION 2006-198 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 Molly Hobbs (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1401-1403 Parkview Lane 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 October 6, 2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations ofthe City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 15, 2006 an inspection was conducted on the property listed above. Inspectors found one violation that needed immediate correction. The Fire Chief called the phone number on file and left a message ordering that the 140 I side be secured. 2. That on August 29,2006, inspectors reinspected the property listed above. Inspectors noted that the violation remained uncorrected. The Fire Chief ordered an immediate abatement to correct the violation. On August 30,2006 an approved City of Columbia Heights contractor performed the immediate abatement and boarded up the broken window. 3. That on August 39,2006 and October 6,2006, notices were sent to the owner via regular mail at the address listed on file. 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. Shall immediately repair the broken window in the door of the 1401 side. 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 1401-1403 Parkview Lane 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. - 125 - 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 1401-1403 Parkview Lane 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 Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary - 126- CITY COUNCIL LETTER Meeting of October 23,2006 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROV AL NO: Co~ ITEM: Adopt Resolution For Abatement BY: Gary Gorman DATE: October 17, 2006 NO: 2006-199 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Je!1_11ifer Hughes regarding property at 623 37th A venue N .E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: "I'.10ve to dose the pubiic hearing and to waive the reading of Resolution No. 2006-199, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No, 2006-199, a resolution of the City Council of the City of Columbia Heights declaring the property at 623 3 th A venue N .E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. - 127 - RESOLUTION 2006-199 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 Jennifer Hughes (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 623 37th Ave 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 September 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 August 15, 2006 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. . That on September 22, 2006 inspectors re-inspected the property listed above. Inspectors noted that three 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 October 16, 2006, inspectors reinspected the property and found that three violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall install address numbers on the garage B. Shall remove all scrub growth along the house and garage C. Shall replace rotted and missing siding and fascia board on the garage and paint 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 623 37th Ave N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. - 128 - 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 623 37th Ave 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 Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary - 129 - CITY COUNCIL LETTER Meeting of October 23, 2006 AGENDA SECTION: Public Hearings {PQ ORIGINA TING DEP AR TMENT: Fire CITY MANAGER APPROV AL NO: ITEM: Adopt Resolution For Abatement BY: Gary Gorman DATE: October 17,2006 NO: 2006-200 Deciaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Edith Johnson regarding property at 1412 Parkview Lane N .E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED :MOTION: Move to dose the public hearing and to waive the reading of Resolution No. 2006-200, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-200, a resolution of the City Council of the City of Columbia Heights declaring the property at 1412 Parkview Lane N .E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. - 130 - RESOLUTION 2006-200 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 Edith Johnson (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1412 Parkview Lane 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 September 20, 2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 15, 2006 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 20,2006 inspectors re-inspected 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 October 16,2006, 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. Shall replace missing trim on the front of the house 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 1412 Parkview Lane 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. - 131 - 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 1412 Parkview Lane 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 Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary - 132 - CITY COUNCIL LETTER Meeting of October 23,2006 AGENDA SECTION: Public Hearings ORIGINATING DEP AR TMENT: Fire CITY MANAGER APPROV AL NO: GR ITEM: Adopt Resolution For Abatement BY: Gary Gorman DATE: October 17,2006 NO: 2006-201 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Juliet Kaweesa regarding property at 4701 University Avenue N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-201, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-201, a resolution of the City Council of the City of Columbia Heights declaring the property at 4701 University Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. ACTiON: - 133 RESOLUTION 2006-201 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 Juliet Kaweesa (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4701 University Ave 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 September 28, 2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 23, 2006 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 28,2006 inspectors re-inspected the property listed above. Inspectors noted that three 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 October 16, 2006, inspectors reinspected the property and found that three violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall remove large tree stump from yard B. Shall install address numbers on the rear of the property C. Shall repair/replace the missing/damaged siding on the garage 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4701 University Ave N .E. is in violation of the provisions ofthe Columbia Heights City Code as set forth in the Notice of Abatement. - 134 - 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 4701 University Ave 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 Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary - 135 - CITY COUNCIL LETTER Meeting of October 23,2006 AGENDA SECTION: Public ORIGINATING DEPARTMENT: I CITY Hearings Fire MANAGER NO: loS APPROV AL ITEM: Adopt Resolution For BY: Gary Gorman BY/44'.tI Abatement DATE: October 17,2006 DATE: NO: 2006-202 Deciaration of a nuisance and abatement of violations wit.~in the City of Columbia Heights is requested against Sammie Payton regarding property at 4015 Reservoir Boulevard N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOM:MENDED tv!OTION: Move to close the nublic hearing and to waive the . - reading of Resolution No. 2006-202, there being ample copies available to the pubiic. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-202, a resolution of the City Council of the City of Columbia Heights declaring the property at 4015 Reservoir Boulevard N .E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION: - 136 - RESOLUTION 2006-202 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 Sammie Payne (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4015 Reservoir Blvd 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 September 21, 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 September 6, 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 September 21, 2006 inspectors re-inspected 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 October 16, 2006, inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records ofthe Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall remove any/all outside storage including but not limited to; i. Brush piles 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 4015 Reservoir Blvd 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, - 137 - 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 4015 Reservoir Blvd 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 Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary - 138 - CITY COUNCIL LETTER Meeting of October 23, 2006 AGENDA SECTION: Public Hearings ~T ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROVAL NO: ITEM: Adopt Resolution For Abatement BY: Gary Gorman DATE: October 17,2006 DATE: NO: 2006-203 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Alan Gorman regarding property at 4338 2nd Street N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOfl..1MENDED MOTiON: Move to dose the public hewing 8.1"1d to waive the reading of Resolution No. 2006-203, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-203, a resolution of the City Council of the City of Columbia Heights declaring the property at 4338 2nd Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. - 139 - RESOLUTION 2006-203 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 Alan Gorman (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4338 2nd St 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 September 27,2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 22, 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 September 27,2006 inspectors re-inspected 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 October 18, 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. Shall remove large brush pile from the property. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4338 2nd St N.E. is in violation ofthe 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, - 140- 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 4338 2nd St 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 Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary - 141 - CITY COUNCIL LETTER Meeting of October 23.2006 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: (OLl APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY:d;fdv 'V Abatement DATE: October 17,2006 DATE: NO: 2006-204 Declaration of a nuisance and abatement of violations Vv1thin the City of Columbia Heights is requested against Scott W. Anderson regarding property at 4208 Jackson Street N .E. for failure to meet the requirements of the Residential Maintenance Code. RECOrvlIviEl~DED Ivl0TIOt~: tv10ve to c.lose the public hearing and to \lJaive the reading of Resolution No. 2006-204, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-204, a resolution of the City Council of the City of Columbia Heights declaring the property at 4208 Jackson Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. - 142- RESOLUTION 2006-204 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 Scott Anderson (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4208 Jackson St 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 September 21, 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 August 3, 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 September 5, 2006 inspectors re-inspected 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. An extension was requested and granted. 3. That on September 21, 2006, inspectors reinspected the property and found that two violations remained uncorrected. 4. That on October 16,2006, inspectors re-inspected the property and found that one violation remained uncorrected. 5. 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. Shall remove the dead tree (tree stump) in the rear of the property to within 2-4 inches below the ground level. 6. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions ofthe City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4208 Jackson St 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, - 143 - 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 4208 Jackson St 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 day of 2006 Passed this Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary - 144 - CITY COUNCIL LETTER Meeting of October 23,2006 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROV AL NO: GV ITEM: Adopt Resolution For Abatement BY: Gary Gorman DATE: October 17,2006 NO: 2006-205 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Andres Aguilar regarding property at 4201 Van Buren Street N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing l:'l.nd to waive the reading of Resolution No. 2006-205, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-205, a resolution of the City Council of the City of Columbia Heights declaring the property at 4201 Van Buren Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. - 145 - RESOLUTION 2006-205 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 Laura Aguilar (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4201 Van Buren St 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 September 21, 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 August 3, 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 September 5, 2006 inspectors re-inspected 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. An extension was requested and granted. 3. That on September 21, 2006, inspectors reinspected the property and found that one violation remained uncorrected. 4. That on October 16, 2006, inspectors re-inspected the property and found that one violation remained uncorrected. 5. 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. Shall remove area of bricks and garbage by the alley and shall sod/seedllandscape area. 6. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4201 Van Buren St 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 senred notice of this hearing, - 146- 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 4201 Van Buren St 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 Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary - 147 - CITY COUNCIL LETTER Meeting of October 23, 2006 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: tv \~ APPROV AL ITEM: Adopt Resolution For BY: Gary Gorman BY:J~ v Abatement DATE: October 17, 2006 DATE: NO: 2006-206 Dedaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Qued Soto regarding property at 4207 Van Buren Street N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOr-,1:MENDED lv10TION: Move to close the public hearing and to waive the reading of Resolution No. 2006-206, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-206, a resolution of the City Council of the City of Columbia Heights declaring the property at 4207 Van Buren Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. - i48 - RESOLUTION 2006-206 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 Oued Sota(Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4207 Van Buren St 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 September 21, 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 August 3, 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 September 6, 2006 inspectors re-inspected 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. An extension was requested and granted. 3. That on September 21, 2006, inspectors reinspected the property and found that one violation remained uncorrected. 4. That on October 16, 2006, inspectors re-inspected the property and found that one violation remained uncorrected. 5. 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. Shall remove the concrete wash sink from the property. 6. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4207 Van Buren St 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 pfu:ties and pfu-ties in interest have been duly served notice oftp..is hearing, - 149 - 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 4207 Van Buren St 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 Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary - 150- CITY COUNCIL LETTER Meeting of October 23,2006 AGENDA SECTION: Public Hearings ORIGINATING DEP AR TMENT: Fire CITY MANAGER APPROVAL NO: toy: ITEM: Adopt Resolution For Abatement BY: Gary Gorman DATE: October 17,2006 NO: 2006-207 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Jeffrey A Droll regarding property at 3922 Van Buren Street N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-207, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-207, a resolution of the City Council of the City of Columbia Heights declaring the property at 3922 VanBuren Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. - 151 - RESOLUTION 2006-207 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 Jeffery Droll(Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3922 Van Buren St 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 September 21, 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 August 15, 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 September 21, 2006 inspectors re-inspected 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. An extension was requested and granted. 3. That on October 16, 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. Shall remove any/all outside storage including but not limited to; i. Tire ii. Plastic iii. Wheel barrow 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 3922 VanBuren St N .E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. # 152 . 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 3922 Van Buren 8t 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 Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary - 153 - CITY COUNCIL LETTER Meeting of October 23. 2006 AGENDA SECTION: Public Hearings 0\{ ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROVAL NO: ITEM: Adopt Resolution For Abatement BY: Gary Gorman DATE: October 18, 2006 DATE: NO: 2006-216 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Salah FargA~aly regarding property at 4625 Tyler Street N.E., Unit #8 for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2006-216, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2006-216, a resolution of the City Council of the City of Columbia Heights declaring the property at 4625 Tyler Street N.E., Unit #8 a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. - 154 - RESOLUTION 2006-216 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 n, of City Code, of the property owned by Salah Farghaly (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4625 Tyler Street N.E., Unit #8, 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 October 6, 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 August 22, 2006 an inspection was conducted on the property listed above. Inspectors found two violations that needed immediate correction. A compliance order was sent via regular mail to the owner at the address. 2. That on August 23, 2006, the City of Columbia Heights Building Official inspected the property inspected the unit after being notified of the conditions by the Fire Department. The Building Official declared the unit uninhabitable. The Building Official posted the unit as such and notified the tenants and the owner. 3. That on September 7, 2006 after receiving no response from the building owner the Fire Chief ordered an immediate abatement and a contractor was hired and work to correct the issues began on September 7, 2006. 4. That based upon said records ofthe Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall repair the drains in the property that are repeatedly backing up and causing flooding in the unit. Shall have a professional check the drains in the unit and provide the City with a report detailing their repair. B. Shall properly remove all water and/or moisture from the basement. Shall properly clean and sanitize the basement of all/any water or mold damage in the basement. 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). - 155 - CONCLUSIONS OF COUNCIL 1. That the property located at 4625 Tyler 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 4625 Tyler 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 Passed this day of 2006 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary - 156 -