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HomeMy WebLinkAboutOctober 9, 2003 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING OCTOBER 9, 2006 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/INVOCATION Rev. Bob Lyndes, Crest View Senior Community, gave the invocation Present: Mayor Peterson, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg Excused: Councilmember Williams PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed items 6H Abatement of 3717 Reservoir Boulevard and 6N Abatement of 4409 Van Buren Street, in that the properties have come into compliance. PROCLAMATIONS. PRESENTATIONS. 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- 82nd Anniversary Mayor Peterson read the proclamation. He thanked the Toastmaster Association for their program and generated a around of applause. Recognition/Information 1) Sister City Committee - Lomianki Children's Hospital Fundraiser Dorothy Penate, Committee Chairperson, announced the benefit dinner next Sunday for the Lornianki 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 Boosters, Lions, Kiwanis Club, and Parent/Teacher 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 1A Seal Coating Special Assessment Levy Hearing d) Motion to approve the minutes ofthe October 2,2006 Zone 7B and 1A 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 meeting date for Monday, October 16, 2006, beginning at 7:00 p.m. in Conference Room 1. - Removed 4) Approval of premises permit application Class B for Boosters to conduct charitable gambling 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 of Feasibility Report for Zones 1 B, 2 and 3 Street Rehabilitation Program - removed 6) Adopt Resolution No. 2006-175, being a Resolution ordering preparation of Feasibility 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 address 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) Adopt Resolutions, levying 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-49-00 1, 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 through 118899 in the amount of $992,873 .31. City Council Minutes October 9,2006 Page 4 of 26 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 Monday, 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. Fehst 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 of town 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 Feasibility Report for Zones 1 B, 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 lB 2, AND 3 STREET REHABILITATION PROJECT #0702 WHEREAS, the City Council of Columbia Heights is proposing to rehabilitate local streets in Zones lB, 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 MinJ1esota Statutes, Section 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 1B, 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 Report 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 103B.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 ImprovementlUtility Revenue Bonds, Series 2006A Bill Elrite, Finance Director, stated the first reading ofthis 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 in November. 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 OBLIGA TION IMPROVEMENT AND UTILITY REVENUE BONDS, SERIES 2006A THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN: I. It is hereby detennined that: (a) The City has duly ordered the assessable public improvements designated as Zone 7 A 2004 Street Reconstruction Improvements, Zone 7B/I A 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 tenns of proposal approved by the City Finance Director. The City Council will 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 of 3ih where Huset Parkway comes up to 5th Street and then from 5th 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 39th Avenue to 3ih 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 of the 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. City Council Minutes October 9,2006 Page 7 of 26 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 Chiefhad 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 PARKWAY The City of Columbia Heights does ordain: Section 1: The name of 39th 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. 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 finds 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 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. 2006-176, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2006-176, Resolution ofthe City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter City Council Minutes October 9, 2006 Page 9 of 26 SA, Article IV, Section SA.408(A) of the rental license held by As-Siddiq Enterprises regarding rental property at 490S Sth 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 SA, 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 490S Sth Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on 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 described 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 [mal 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. S. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number 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 3rd 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 SA, Article IV, Section SAA08(A) of the rental license held by Bob Landucci regarding rental property at 3810-12 3rd StreetN.E. Upon vote: All ayes. Motion carried. City Council Minutes October 9, 2006 Page 10 of26 RESOLUTION 2006-177 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 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 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 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 5, 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 all/any outside storage from the property. ii. ALL TRASH, APPLIANCES, MISe. 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 Ouincy Street Gorman stated the landscape issue is gone, but Band C still remain. Peterson asked ifthere 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"). City Council Minutes October 9, 2006 Page] I 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 II, 2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 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 11. Tire 111. 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 3ih 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 if there 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. 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 1. 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. 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 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, being 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 Quincy Street Gorman stated the list of items to be corrected, including outside storage. Peterson asked ifthere 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 ofthe City of Columbia Heights declaring the property at 3828 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. 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 Illiff 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 1. 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 1. 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 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. 2006-182, 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 of the City of Columbia Heights declaring the property at 3931 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. 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 II, 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(B). 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 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 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 ofthe 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, of City 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 1. 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 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 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. 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 J. 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 l. 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 O\vner 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. 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 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 1. 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 relevant 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 Quincy 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 City Council Minutes October 9,2006 Page 1801'26 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 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. 2006-188, 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 I. 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 I. 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 City Council Minutes October 9, 2006 Page 19 of26 1) First reading of Ordinance No. 1515, Zoning Amendment as it relates to the GB, 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 from 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 if there 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. Diefu'TI 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 Council Minutes October 9, 2006 Page 20 of 26 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. 1515 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. City Council Minutes October 9,2006 Page 2] 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. F ehst 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 keep the 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. Fehst 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 infonnational 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 just send out the ballot 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 financial assistance for property 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 . Wiil contact Ms. Dargay on the financial assistance decision. Nawrocki . 51 st and University - nothing has changed. Hoeft stated he received an email from the Police City Council Minutes October 9,2006 Page 24 of 26 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 leaser. . 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. Fehst 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. City Council Minutes October 9, 2006 Page 25 of 26 ADJOURNMENT Mayor Peterson adjourned the meeting at 10:50 p.m. 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, \\illEREAS, 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-31-001. 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 IS, 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 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-49-001 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-49-001. Section 2: That this Council hereby frods and determines that each of the lots and parcels ofland 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 frods 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 instalhnents, 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 levy delinquent 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 certitication list sent to Anoka County.