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HomeMy WebLinkAboutOctober 23, 2006 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING OCTOBER 23, 2006 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, October 23,2006 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCA TION Present: Mayor Peterson, Councilmember Diehm, Councilmember Nawrocki, Councilmember Kelzenberg Absent: Councilmember Williams Rev. Janice Bornhoft, First Lutheran Church gave the invocation PLEDGE OF ALLEGIANCE - recited ADDITIONSIDELETIONS TO MEETING AGENDA Mayor Peterson removed public hearings for rental license revocation of 1204-1206 Cheery Lane and abatement of 40 15 Reservoir Boulevard. Nawrocki requested to add discussion on the newsletter and activity center architectural study. PROCLAMATIONS. PRESENT A TIONS. RECOGNITIONS AND GUESTS - none CONSENT AGENDA Walt Fehst, City Manager, took Councilmembers through the consent agenda items. Nawrocki requested to remove 5,6, and 7. 1) Approve City Council Meeting Minutes for October 9,2006 regular City Council meeting Motion to approve the minutes of the October 9,2006 regular City Council meeting as presented. 2) Establish the 2006 General Election Canvas for Friday, November 10, 2006 at 7:30 a.m. Nawrocki indicated that Councilmembers should be contacted before special meetings are set. Motion to establish the Canvass of the 2006 General Election results for Friday, November 10, 2006 beginning at 7:30 a.m. in the City Council Chambers. 3) Authorize the award of electrical service for Prestemon Park Athletic Field lighting Motion to award the Prestemon Park Athletic Field lighting electrical service to Aid Electric in the amount of$22,900 based upon their low, qualified, responsible bid with funds to be appropriated from Fund 412-50607-5130; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. 4) Approve fund transfer - General Fund to Police Department Budget to reimburse Overtime fund. Motion to transfer $1,587.46 received from Unique Thrift Stores, $775 received from I.C.C. Fun Fest, and $275 received from the Anoka County Predatory Offender Sweep - a total of$2,637.46 from the General Fund to the Police Department 2006 budget under line #1020, Police overtime. 5) Adopt Resolution 2006-214, being a Resolution authorizing application for the Met Council Tax Base Revitalization Account for a supplement cleanup grant for Phase I ofthe Industrial Park - removed City Council Minutes October 23,2006 Page 2 of 30 6) Adopt Resolution 2006-215, Accepting the bid for building demolition, removal of contaminated soils and abatement of hazardous materials in the Industrial Park (Phase III) - removed 7) Adopt Resolution 2006-217, being a Resolution approving application to MN Dept. of Employment and Economic Development for a contamination Clean Up Grant and commitment oflocal match. Removed 8) Approve the items listed for rental housing license applications Motion to approve the items listed for rental housing license applications for October 23,2006. 9) Approve Business License Applications Motion to approve the items as listed on the business license agenda for October 23, 2006 as presented. 10) 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 118900 through 119070 in the amount of $614,138.38. Nawrocki indicated one license is for the VFW. He has abstained in the past as he was an officer, but is no longer an officer. Motion by Diehm, second by Kelzenberg, to approve the Consent Agenda with the exception of items #5, 6, and 7. Upon vote: All ayes. Motion carried. 5. Adopt Resolution 2006-214, being a Resolution authorizing application for the Met Council Tax Base Revitalization Account for a supplement cleanup grant for Phase I ofthe Industrial Park. Nawrocki asked for an explanation of these items, how much additional we are applying for, and what ProSource would get from this. Randy Schumacher, Assistant Community Development Director, stated that the tirst grant is for north of the old foundry site. It was not included in the Phase II funding. We will submit for $148,000 for clean up of that one piece of property. Schumacher stated that the Honeywell grant is a supplement to the original grant because of additional contamination that was not previously detected. He explained the contamination clean up process. This grant would be for somewhere between $400,000 and $500,000. Nawrocki stated that Shafer Richardson was already paid for that property and it has been built on. Schumacher stated that, per the original agreement, we make the contamination cleanup applications. Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution No. 2006-214, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution 2006-214, being a Resolution authorizing application for the Met Council Tax Base Revitalization Account for a supplement cleanup grant for Phase I of the Industrial Park. Nawrocki questioned if the grant is not received, will the cost come from Tax Increment Financing (TIF). Schumacher stated it would then be a Shafer Richardson cost. City Council Minutes October 23, 2006 Page 3 of 30 Upon vote: All ayes. Motion carried. RESOLUTION NO. 2006-214 AUTHORIZING APPLICATION FOR THE TAX BASE REVITALIZATION ACCOUNT WHEREAS the City of Columbia Heights is a participant in the Livable Communities Act's Housing Incentives Program for 2006 as determined by the Metropolitan Council, and is therefore eligible to make application for funds under the Tax Base Revitalization Account; and WHEREAS the City has identified a clean-up project within the City that meets the Tax Base Revitalization account's purpose/s and criteria; and WHEREAS the City has the institutional, managerial and financial capability to ensure adequate project administration; and WHEREAS the City certifies that it will comply with all applicable laws and regulations as stated in the contract agreements; and WHEREAS the City Council of Columbia Heights, Minnesota agrees to act as legal sponsor for the project contained in the Tax Base Revitalization Grant application submitted November 1, 2006. BE IT FURTHER RESOLVED that ProSource Technologies, Inc. is hereby authorized to apply to the Metropolitan Council for this funding on behalf of the City of Columbia Heights and to execute such agreements as are necessary to implement the project on behalf of the applicant. 6. Adopt Resolution 2006-215, Accepting the bid for building demolition, removal of contaminated soils and abatement of hazardous materials in the Industrial Park (Phase III) Schumacher stated that we received a $1,298,000 grant from the Met Council. We bid the project with five bids received. This will include removal of hazardous material from the buildings and the site. Shafer Richardson will develop this site with commercial business, an eight story high rise and residential buildings. Nawrocki questioned who owns the buildings now and when Council authorized bids for this project. Schumacher stated Shafer Richardson owns it and this was just part of the agreement process. Schumacher stated that the bids were just part of the process. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2006-215, there being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution 2006-215, a Resolution accepting the low bid from Veit & Company Inc. for the building demolition, removal of contaminated soil and the abatement/removal of hazardous materials in the Industrial Park (Phase III) in the amount of $914,817.00. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2006-215 RESOLUTION ACCEPTING BID FOR BUILDING DEMOLITION AND REMOVAL OF CONT AMINATED SOIL IN THE INDUSTRIAL PARK (PHASE III), COLUMBIA HEIGHTS, MN WHEREAS, pursuant to an advertisement for bids for the demolition of the Greif Inc. building, the Steel Tech building, and various out buildings in Phase III of the Industrial Park Redevelopment Plan; bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement, AND WHEREAS, it appears that Veit & Company Inc. is the lowest responsible bidder, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with Veit & Company Inc. in the bid amount of $914.817.00 for the building demolition and removal of contaminated soil in the Industrial Park Phase III area, according to the plans and specifications as outlined in the bid request dated October 9, 2006 and on file in the office of Community Development. City Council Minutes October 23, 2006 Page 4 of 30 The City staff is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 7. Adopt Resolution 2006-217, being a Resolution approving application to MN Dept. ofEmplovment and Economic Development for a contamination Clean Up Grant and commitment of local match. Fehst stated this is for the little parking lot north ofthe Phase II condos, which they were not aware were to be part of the original clean up. Nawrocki asked if we do not get the money, who would be responsible. Fehst stated it would be Shafer Richardson's responsibility. Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution No. 2006-217, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution 2006-217, being a Resolution approving application to MN Dept. of Employment and Economic Development for a contamination Clean Up Grant and commitment oflocal match. Upon vote: All ayes. Motion carried. RESOLUTION 2006-217 CITY OF COLUMBIA HEIGHTS, MINNESOTA - RESOLUTION AUTHORIZING APPLICATION FOR MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT CONTAMINATION CLEANUP GRANT PROGRAM AND COMMITMENT OF LOCAL MATCH WHEREAS, the City Council of the City of Columbia Heights (the "City) has given their support to a master plan for redevelopment of industrial area properties; and WHEREAS, the City has found that there exists conditions of deterioration, blight, substandard structures, and environmental concerns, and there exists a need (due to blighting influences) for intervention by the City to prevent further deterioration and promote redevelopment of the industrial area; and WHEREAS, the City has recently identified and completed Phase I and Phase II assessments of all industrial properties in the industrial planning area in which various potential contaminants were identified, with the City submitting a Response Action Plan (RAP) to the MPCA for cleanup; and WHEREAS, the total legislative appropriation for this grant program for fiscal years 2006-07 is $4,362,000, and the DEED grant requires applicants to pay an amount equal to 12 % of the cleanup costs from unrestricted money available to the City. With the local match to be an internal loan from the Capital Improvement Redevelopment Fund 420 and to be repaid at a five-percent interest rate; and NOW, THEREFORE BE IT RESOLVED that the City of Columbia Heights has approved the Contamination Cleanup grant application submitted to the Department of Employment and Economic Development (DEED) on October 23, 2006, by the City of Columbia Heights for Phase IIA of the Industrial Park; and BE IT FURTHER RESOLVED that the City of Columbia Heights acts as the legal sponsor for the Contamination Cleanup Grant Program to be submitted on November 1,2006, and that Walt R Fehst, City Manager, is hereby authorized to apply to DEED for funding on behalf of the City of Columbia Heights, Minnesota; and BE IT FURTHER RESOLVED that the City of Columbia Heights has the legal authority to apply for fmancial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration; and BE IT FURTHER RESOLVED that the sources and amounts of the local match identified in the application are committed to the project identified; and BE IT FURTHER RESOLVED that the City of Columbia Heights has not violated any Federal, State, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or unlawful or corrupt practice; and BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of Columbia Heights, City Council Minutes October 23, 2006 Page 5 of 30 Minnesota may enter into an agreement with the State of Minnesota for the above-referenced project(s), and that Columbia Heights certifies that it will comply with all applicable laws and regulations as stated in all contract agreements; and BE IT FURTHER RESOLVED that Walter R. Fehst is hereby authorized to execute such agreements as are necessary to implement the project( s) on behalf of the applicant; and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Columbia Heights, Minnesota has approved the Contamination Cleanup Grant Application submitted to the Department of Employment and Economic Development (DEED). PUBLIC HEARINGS A) 2nd Reading: Adopt Ordinance 1517, being a Zoning Amendment to the Zoning Code as it relates to Swimming Pools and Portable Pools. Nawrocki questioned the two different ordinances attached. Jeff Sargent, City Planner, stated one shows the ordinance with changes and the second shows current code with highlighted changes. Motion by Diehm, second by Kelzenberg, to waive the reading of Ordinance No. 1517, being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Ordinance No. 1517, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments. Upon vote: All ayes. Motion carried. Copy of this ordinance can be found at the end of this document. B) 2nd Reading: Adopt Ordinance 1516, Zoning Amendment to the Zoning Code as it Relates to Correctional Residential Care Facilities. Fehst stated this is zoning for correctional residential care facilities, where concerns caused a moratorium to be put in place. This ordinance would limit these facilities to Zone II and 12 and include distance limits between such facilities. Motion by Kelzenberg, second by Diehm, to waive the reading of Ordinance No. 1516, being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Ordinance No. 1516, being an ordinance amending Ordinance No. 1490 City Code of2005, adopting the proposed zoning amendments. Upon vote: All ayes. Motion carried. Diehm asked when the first reading of this ordinance was. Patty Muscovitz, Deputy City Clerk, indicated that the first reading was at the last City Council meeting. Copy of this ordinance can be found at the end of this document. C) Adopt Resolution No. 2006-208, being a Resolution for Rental Housing License Revocation at 4244 Washington Street N.E. Fire Chief Gary Gonnan indicated this revocation was for failure to schedule an inspection and submit fees. Mayor Peterson asked if anyone was present 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. 2006-208, there being ample copies available to the public. Upon vote: All ayes. Motion carried. City Council Minutes October 23, 2006 Page 6 of 30 Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2006-208, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of the rental license held by Scott Barrett regarding rental property at 4244 Washington Street N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2006-208 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Scott Barrett (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4244 Washington Street NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on October 3, 2006 of an public hearing to be held on October 23, 2006. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about August 15, 2006, inspection office staff sent a letter requesting the owner of the property to re-license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on October 3, 2006, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to re-license the rental license for the property, failure to submit the application and the fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article 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 F7429 is hereby revoked, 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 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. 2006-209, being a Resolution for Rental Housing License Revocation at 660-662 47Yz Avenue N.E. Gorman stated this is one of several properties owned by this person that they have walked away from and is in the process of foreclosure. There is a party interested in buying the property. Revocation is for failure to schedule a renewal inspection. Nawrocki questioned what would happen to the renters. Gonnan stated that the property would be posted and following 60 days they will not be allowed to live there. If the bank takes over, they will also be evicted. Gonnan indicated it would be best if the property were purchased before it goes back to the bank. Mayor Peterson asked if anyone was present 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. 2006-209, there being ample copies available to the public. Upon vote: All ayes. Motion carried. City Council Minutes October 23, 2006 Page 7 of 30 Motion by Nawrocki, second by Kelzenberg, to adopt Resolution No. 2006-209, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Christopher and Tracy Decker regarding rental property at 660-662 47-1/2 Avenue N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2006-209 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of that certain residential rental license held by Christopher and Tracy Decker (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 660-662 47-1/2 Avenue NE, Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 27, 2006 of an public hearing to be held on October 23,2006. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT I. That on or about July 15, 2006, inspection office staff sent a letter requesting the owner of the property to re-license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on September 27, 2006, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to schedule a license renewal inspection for the interior of the building/rental units. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article 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 F7819B is hereby revoked, 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. Ail tenants shail remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. E) Adopt Resolution No. 2006-210, being a Resolution for Rental Housing License Revocation at 1204- 1206 Cheery Lane N.E. - removed F) Adopt Resolution No. 2006-211, being a Resolution for Rental Housing License Revocation at 1211- 1213 Cheery Lane N.E. Gorman stated the licensing paper work has been completed, but the fees have not been paid. Mayor Peterson asked if anyone was present 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. 2006-211, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2006-211, Resolution ofthe City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) ofthe rental license held by Ryan Foltz regarding rental property at 1211- 1213 Cheery Lane N.E. as amended to remove 3A. Upon vote: All ayes. Motion carried. City Council Minutes October 23, 2006 Page 8 of 30 RESOLUTION 2006-211 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of that certain residential rental license held by Ryan Foltz (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1211-1213 Cheery Lane N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on October 3, 2006 of an public hearing to be held on October 23,2006. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about August 15, 2006, inspection office staff sent a letter requesting the owner of the property to re- license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on October 3, 2006, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to schedule a license renewal inspection for the interior of the building/rental units, Failure to submit a rental license renewal application and required fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7428 is hereby revoked, 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 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. G) Adopt Resolution No. 2006-212, being a Resolution for Rental Housing License Revocation at 4544 Fillmore Street N .E. Gorman stated the inspection is complete, but the owner failed to submit the application and the fees. Mayor Peterson asked if anyone was present 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. 2006-212, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Kelzenberg, to adopt Resolution No. 2006-212, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of the rental license held by Kyle Smith regarding rental property at 4544 Fillmore Street N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2006-212 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Kyle Smith (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4544 Fillmore Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(B), written notice setting forth the causes and City Council Minutes October 23, 2006 Page 9 of 30 reasons for the proposed Council action contained herein was given to the License Holder on October 2, 2006 of an public hearing to be held on October 23,2006. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about September 18, 2006, inspection office staff sent a letter requesting the owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on October 2, 2006, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to submit a rental license renewal application and required fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U4544 is hereby revoked, 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. H) Adopt Resolution No. 2006-213, being a Resolution for Rental Housing License Revocation at 4642 Taylor Street N.E. Gonnan listed violations inside and outside on the property. Mayor Peterson asked if anyone was present 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. 2006-213, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2006-213, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license held by Becky Xiong regarding rental property at 4642 Taylor Street N.E. Upon vote: All ayes. Motion carried. RESOLUTION 2006-213 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(A) of that certain residential rental license held by Becky Xiong (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4642 Taylor Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5AA08(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 20, 2006 of an public hearing to be held on October 23, 2006. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on August 15, 2006, inspectors for the City of Columbia Heights, inspected the property described above and noted six violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on September 20, 2006, inspectors for the City of Columbia Heights, reinspected the property and noted six violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the City Council Minutes October 23,2006 Page]Oof30 rental housing license application. 3. That on October 16, 2006, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted five violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit Failure to correct RMC violations. The violations are as follows; Downstairs, Shall remove the sheetrock in the southeast comer bedroom and remove the mold from the structure, Downstairs, Shall replace the removed sheetrock in the southeast comer bedroom, Shall paint the sheetrock, Outside, Shall correct the drainage problem in the front. Water is entering the structure and causing mold. Shall install downspouts on the structure, Shall remove the scrub growth from all around the property, Shall remove all/any outside storage from the property. Items include, But not limited to: Miscellaneous junk behind the garage. 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 F7574 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. I) Adopt Resolution No. 2006-192, being a Resolution for abatement of violations at 4228 5th Street Gorman stated this rental property was vacant, but has violations requiring abatement. Mayor Peterson asked if anyone was present 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. 2006-192, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2006-192, a resolution of the City Council of the City of Columbia Heights declaring the property at 4228 5th Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2006-192 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Robert Barron (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4228 5th Street N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 14,2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 30, 2006 an inspection was conducted on the property listed above. Inspectors found four violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 14,2006, inspectors reinspected the property listed above. Inspectors noted that four violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on October 16, 2006, inspectors reinspected the property and found that four violations remained uncorrected. City Council Minutes October 23, 2006 Page II of30 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 remove any/all scrub growth from around the house and around the garage, Shall repair the siding on the garage on the south side, Shall scrape and paint the trim on the house and the garage, Shall remove stump on north side of property near the alley. Must be ground down to 6 inches below grade then filled in. 4. 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 4228 5th Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been 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 4228 5th Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. J) Adopt Resolution No. 2006-193, being a Resolution for abatement of violations at 233 42nd Avenue Gorman stated the western 45 feet of this property is still owned by the previous owner of this address. It is a landlocked piece of property. Violations are on this strip of property. Gorman indicated the property on a map. Diehm asked if the resolution should to be more specific to the property. Gorman stated the name listed is the owner of the property strip. Jim Hoeft, City Attorney, indicated this property should be listed by the PIN Number 35-30-24-23-0161. Mayor Peterson asked if anyone was present 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. 2006-193, with the address being replaced with the property identification number, there being ample copies available to the public. Upon vote: All Ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2006-193, a resolution of the City Council of the City of Columbia Heights declaring the property at 35-30-24-23-0161, a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. Nawrocki referred to the poorly kept area adjacent to this. Gorman stated that area is due for inspection shortly. Nawrocki referred to 4242 3rd Street where there was a complaint of an open dumpster. Fehst stated he is not sure that the ordinance requires them to be closed. Nawrocki stated that they should be closed. Nawrocki stated that at the comer of 44th and 3rd Street, the twin home has been under construction for a long period of time and questioned when it would be finished. RESOLUTION 2006-193 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Gary Dungey (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at PIN 35-30-24-23-0161. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes City Council Minutes October 23, 2006 Page 12 of 30 and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 14,2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on October 12, 2005 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on October 21,2005, inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. At that time, an extension was requested and granted until September 14,2006 3. That on September 14,2006, inspectors reinspected the property and found that one violation remained uncorrected. 4. That on October 16, 2006 inspectors re-inspected the property and found that one violation remained uncorrected. 5. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove any/all dead trees and remove their stumps to below ground level. 6 . That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at PIN 35-30-24-23-0161. 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 PIN 35-30-24-23-0161 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. K) Adopt Resolution No. 2006-194, being a Resolution for abatement of violations at 3853 Central Avenue Gorman stated that only peeling paint removal has not been completed at this time. Mayor Peterson asked if anyone was present 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. 2006-194, there being ample copies available to the public, with the removal of item A. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2006-194, a resolution of the City Council of the City of Columbia Heights declaring the property at 3853 Central Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2006-194 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 FC Celtic LLC (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3853 Central Ave N.E. Columbia Heights, Milmesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 28,2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: City Council Minutes October 23, 2006 Page 13 of30 FINDINGS OF FACT 1. That on August 18, 2006 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 28, 2006 inspectors re-inspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on October 16, 2006, inspectors reinspected the property and found that two violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall scrape and paint house where it is peeling. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 3853 Central Ave N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice 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 3853 Central Ave N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. L) Adopt Resolution No. 2006-195, being a Resolution for abatement of violations at 3713 Quincy Street Gorman stated there are two violations regarding painting. The outdoor storage has been removed. Mayor Peterson asked if anyone was present 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. 2006-195, with item B removed, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2006-195, a resolution of the City Councii of the City of Columbia Heights declaring the property at 3713 Quincy Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2006-195 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Rory B. Franzen (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3713 Quincy St N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 28, 2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 15,2006 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. City Council Minutes October 23, 2006 Page 14 ono 2. That on September 22,2006 inspectors re-inspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on October 16, 2006, inspectors reinspected the property and found that two violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall repair holes in overhead garage doors and paint doors, Shall remove any/all outside storage from the property. Shall store in shed or garage. Items include, BUT NOT LIMITED TO; Tires from along side garage 5. That all parties, including the owner ofrecord and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 3713 Quincy St N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 3713 Quincy St N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. M) Adopt Resolution No. 2006-196, being a Resolution for abatement of violations at 666 40th Avenue Gorman stated this is the old dental lab property. Violations still remain outside on the property. Address numbers have been completed. Mayor Peterson asked if anyone was present 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. 2006-196, with the removal of building numbers, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2006-196, a resolution of the City Council of the City of Columbia Heights declaring the property at 666 40th Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2006-196 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Michael J Thoennes DDS (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 666 40th Ave N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 21,2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 10, 2006 an inspection was conducted on the property listed above. Inspectors found six violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 21, 2006 inspectors re-inspected the property listed above. Inspectors noted that six violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on October 16, 2006, inspectors reinspected the property and found that six violations remained uncorrected. City Council Minutes October 23, 2006 Page 15 of30 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 remove all downed tree branches in the back yard, Shall remove branches from roof of structure, Shall remove all brush piles from the back yard, Shall clean out all gutters, Shall cut down any/all scrub growth from NE comer of building. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 666 40th Ave N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 666 40th Ave N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. N) Adopt Resolution No. 2006-197, being a Resolution for abatement of violations at 1401-1403 Parkview Lane Gorman stated the property has been vacant for 1.5 years. The last mailings sent were returned. There are many violations on the property that have not been touched. Mayor Peterson asked if anyone was present 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. 2006-197, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2006-197, a resolution of the City Council of the City of Columbia Heights declaring the property at 1401-1403 Parkview Lane N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2006-197 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Molly Hobbs (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1401-1403 Parkview Lane N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 20,2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT I. That on August 15,2006 an inspection was conducted on the property listed above. Inspectors found ten violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 20, 2006, inspectors reinspected the property listed above. Inspectors noted that ten violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on October 16,2006, inspectors reinspected the property and found that ten violations remained uncorrected. City Council Minutes October 23, 2006 Page 16 of30 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 remove the scrub growth from the property, Shall scrape and paint the trim on the house, Shall repair the loose handrail in front, Shall replace the missing front storm door, Shall repair all windows and screens that are damaged, Shall repair the handrail on the 1403 side, in the rear, Shall cut and remove all/any long grass and weeds from the property, Shall repair the damaged stucco on the west side of 1401, Shall repair or replace the shingles on the shed in back, Shall paint the shed in back. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 1401-1403 Parkview Lane N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 1401-1403 Parkview Lane N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. 0) Adopt Resolution No. 2006-198, being a Resolution for abatement of violations at 1401-1403 Parkview Lane Gorman stated that there was a broken window on the 1401 side and when we were not able to contact the owner, an immediate abatement was ordered. Mayor Peterson asked if anyone was present 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. 2006-198, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Kelzenberg, to adopt Resolution No. 2006-198, a resolution of the City Council of the City of Columbia Heights declaring the property at N .E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2006-198 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Molly Hobbs (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1401-1403 Parkview Lane N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on October 6, 2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 15,2006 an inspection was conducted on the property listed above. Inspectors found one violation that needed immediate correction. The Fire Chief called the phone number on file and left a message ordering that the 1401 side be secured. City Council Minutes October 23, 2006 Page 17 ono 2. That on August 29, 2006, inspectors reinspected the property listed above. Inspectors noted that the violation remained uncorrected. The Fire Chief ordered an immediate abatement to correct the violation. On August 30, 2006 an approved City of Columbia Heights contractor performed the immediate abatement and boarded up the broken window. 3. That on August 39, 2006 and October 6,2006, notices were sent to the owner via regular mail at the address listed on file. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall immediately repair the broken window in the door of the 1401 side. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 1401-1403 Parkview Lane N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 1401-1403 Parkview Lane N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. P) Adopt Resolution No. 2006-199, being a Resolution for abatement of violations at 623 3ih Avenue Gorman stated that staff belief this property is vacant, with three violations cited. Mayor Peterson asked if anyone was present 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. 2006-199, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2006-199, a resolution of the City Council of the City of Columbia Heights declaring the property at 623 37th Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2006-199 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Jennifer Hughes (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 623 3ih Ave N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 22,2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 15,2006 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 22,2006 inspectors re-inspected the property listed above. Inspectors noted that three violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on October 16,2006, inspectors reinspected the property and found that three violations remained uncorrected. City Council Minutes October 23, 2006 Page 18 of30 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 install address numbers on the garage, Shall remove all scrub growth along the house and garage, Shall replace rotted and missing siding and fascia board on the garage and paint garage. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 623 37th Ave N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 623 3ih Ave N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Q) Adopt Resolution No. 2006-200, being a Resolution for abatement of violations at 1412 Parkview Lane Gorman stated that two violations have been corrected, but the missing trim has not been corrected. Mayor Peterson asked if anyone was present 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. 2006-200, including only missing trim, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2006-200, a resolution of the City Council of the City of Columbia Heights declaring the property at N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2006-200 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, .Article II, of City Code, of the property o\'lned by Edith Johnson (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1412 Parkview Lane N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 20,2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 15,2006 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 20, 2006 inspectors re-inspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on October 16,2006, inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall replace missing trim on the front of the house. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). City Council Minutes October 23, 2006 Page 19 of30 CONCLUSIONS OF COUNCIL 1. That the property located at 1412 Parkview Lane N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 1412 Parkview Lane N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. R) Adopt Resolution No. 2006-201, being a Resolution for abatement of violations at 4701 University Avenue Gorman indicated there are three violations on the property, with the belief that the property is vacant. Mayor Peterson asked if anyone was present 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. 2006-201, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2006-201, a resolution of the City Council of the City of Columbia Heights declaring the property at N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2006-201 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Juliet Kaweesa (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4701 University Ave N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 28,2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 23, 2006 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 28, 2006 inspectors re-inspected the property listed above. Inspectors noted that three violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on October 16,2006, inspectors reinspected the property and found that three violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove large tree stump from yard, Shall install address numbers on the rear of the property, Shall repair/replace the missing/damaged siding on the garage. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL City Council Minutes October 23, 2006 Page 20 of 30 1. That the property located at 4701 University Ave N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4701 University Ave N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. S) Adopt Resolution No. 2006-202, being a Resolution for abatement of violations at 4015 Reservoir Boulevard - Removed T) Adopt Resolution No. 2006-203, being a Resolution for abatement of violations at 4338 2nd Street Gorman stated there is one violation on the property at this time. There have been other violations that the building official has been involved in. This property is also believed to be vacant. Mayor Peterson asked if anyone was present 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. 2006-203, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2006-203, a resolution of the City Council of the City of Columbia Heights declaring the property at 4338 2nd Street N .E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. Nawrocki stated that we have assessed people for street work in this area, but the work is not complete. RESOLUTION 2006-203 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Alan Gorman (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4338 2nd St N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 27,2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 22, 2006 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on September 27,2006 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on October 18, 2006, inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove large brush pile from the property. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). City Council Minutes October 23, 2006 Page 21 of30 CONCLUSIONS OF COUNCIL 1. That the property located at 4338 2nd St N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4338 2nd St N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. U) Adopt Resolution No. 2006-204, being a Resolution for abatement of violations at 4208 Jackson Street Gorman stated there is a large tree stump in the rear ofthe property. Mayor Peterson asked if anyone was present 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. 2006-204, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2006-204, a resolution ofthe City Council ofthe City of Columbia Heights declaring the property at 4208 Jackson Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2006-204 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Scott Anderson (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4208 Jackson St N.E. Columbia Heights, Milmesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 21,2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 3, 2006 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 5, 2006 inspectors re-inspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. An extension was requested and granted. 3. That on September 21, 2006, inspectors reinspected the property and found that two violations remained uncorrected. 4. That on October 16, 2006, inspectors re-inspected the property and found that one violation remained uncorrected. 5. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove the dead tree (tree stump) in the rear of the property to within 2-4 inches below the ground level. 6. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4208 Jackson St N.E. is in violation of the provisions of the Columbia Heights City Code as City Council Minutes October 23, 2006 Page 22 of 30 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 4208 Jackson St N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest V) Adopt Resolution No. 2006-205, being a Resolution for abatement of violations at 4201 Van Buren Street Gorman stated there is one violation of outdoor debris. Mayor Peterson asked if anyone was present 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. 2006-205, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2006-205, a resolution of the City Council ofthe City of Columbia Heights declaring the property at 4201 Van Buren Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Diehm asked for a clarification of violations on the property. Gorman showed her a photo. Upon vote: All ayes. Motion carried. RESOLUTION 2006-205 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Laura Aguilar (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4201 Van Buren St N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 21,2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 3, 2006 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 5, 2006 inspectors re-inspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. An extension was requested and granted. 3. That on September 21, 2006, inspectors reinspected the property and found that one violation remained uncorrected. That on October 16,2006, inspectors re-inspected 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 remove area of bricks and garbage by the alley and shall sod/seed/landscape area. 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 City Council Minutes October 23, 2006 Page 23 of 30 1. That the property located at 4201 Van Buren St N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly 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 4201 Van Buren St N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. W) Adopt Resolution No. 2006-206, being a Resolution for abatement of violations at 4207 Van Buren Street Gorman stated there is a double tub in the back with grass and weeds. Nawrocki questioned if the tube was put out with the garbage if it would it be picked up. Gorman stated that if it were broken up the hauler could take it. Fehst stated that the hauler can not remove an item this heavy. Mayor Peterson asked if anyone was present 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. 2006-206, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2006-206, a resolution of the City Council of the City of Columbia Heights declaring the property at 4207 Van Buren Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2006-206 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Oued Sota(Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4207 Van Buren St N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 21,2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 3, 2006 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on September 6,2006 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. An extension was requested and granted. 3. That on September 21, 2006, inspectors reinspected the property and found that one violation remained uncorrected. 4. That on October 16, 2006, inspectors re-inspected the property and found that one violation remained uncorrected. 5. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove the concrete wash sink from the property. 6. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). City Council Minutes October 23, 2006 Page 24 of 30 CONCLUSIONS OF COUNCIL 1. That the property located at 4207 Van Buren St N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant 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 4207 Van Buren St N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. X) Adopt Resolution No. 2006-207, being a Resolution for abatement of violations at 3922 Van Buren Street Gorman stated this property has one outside storage violation remaining. He stated the frustration of staff, as this violation would only require putting a tire and some plastic in the garage. Fehst stated that we take tires at the recycling center on Saturdays from 9 a.m. to 1 p.m. Gorman stated that the owners were giving this information. The wheelbarrow has been removed. Mayor Peterson asked if anyone was present 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. 2006-207, with the removal of the wheelbarrow, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution No. 2006-207, a resolution of the City Council of the City of Columbia Heights declaring the property at 3922 Van Buren 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 2006-207 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Jeffery Droll(Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3922 Van Buren St N.E. Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on September 21,2006 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 15,2006 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 21, 2006 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. An extension was requested and granted. 3. That on October 16, 2006, inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove any/all outside storage including but not limited to; Tire, Plastic. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). City Council Minutes October 23, 2006 Page 25 of 30 CONCLUSIONS OF COUNCIL 1. That the property located at 3922 Van Buren St N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3.That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 3922 Van Buren St N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Y) Adopt Resolution No. 2006-216, being a Resolution for abatement of violations at 4625 Tyler Street Unit #8 Gorman stated this relates to the rental license revocation with sewer backup in unit #8. We had someone fix the items and a cleaning company handle major mold issues in the basement and removal ofthe main floor carpeting due to mold. Personal items ofthe tenant that were in the basement were removed and are currently trying to be salvaged. We have not had recent contact with the owner. Units in this building have been posted as uninhabitable and the water has been turned off. The outside area was also cleaned up. Tenants are slowly leaving the building. Peterson suggested relocation ofthe remaining residents. Gorman indicated the resources recommended to the residents. Peterson suggested we contact the Salvation Army. Hoeft stated that anyone remaining is probably not paying rent and wants to stay. Deb Johnson, 4626 Pierce Street, commended the Fire Chief on these hearings, as they are long past due. It is good that people are required to take care oftheir property. She asked how the properties are cleaned and how long it takes. Gorman stated that on small abatements the Fire Department does the work and on larger jobs contractors are hired. Gorman stated that ten abatements from two council meetings ago are ready for the contractor. It takes time to obtain administrative search warrants and to meet with the contractor. Johnson pointed out that the names for license revocation are on the agenda, but not for the abatements. Gorman stated the names are on the resolution. Mayor Peterson asked if anyone was present 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. 2006-216, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2006-216, a resolution of the City Council of the City of Columbia Heights declaring the property at 4625 Tyler Street Unit #8 a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2006-216 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Salah Farghaly (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4625 Tyler Street N.E., Unit #8, Columbia Heights, Minnesota, And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on October 6, 2006 City Council Minutes October 23, 2006 Page 26 of 30 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on August 22, 2006 an inspection was conducted on the property listed above. Inspectors found two violations that needed immediate correction. A compliance order was sent via regular mail to the owner at the address. 2. That on August 23, 2006, the City of Columbia Heights Building Official inspected the property inspected the unit after being notified of the conditions by the Fire Department. The Building Official declared the unit uninhabitable. The Building Official posted the unit as such and notified the tenants and the owner. 3. That on September 7, 2006 after receiving no response from the building owner the Fire Chief ordered an immediate abatement and a contractor was hired and work to correct the issues began on September 7, 2006. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall repair the drains in the property that are repeatedly backing up and causing flooding in the unit. Shall have a professional check the drains in the unit and provide the City with a report detailing their repair and shall properly remove all water and/or moisture from the basement. Shall properly clean and sanitize the basement of all/any water or mold damage in the basement. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4625 Tyler Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4625 Tyler Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. ITEMS FOR CONSIDERATION Other Business 1) Newsletter concerns Nawrocki stated the newsletter would not come out until after the election. This could have been used to publish an article about the Charter amendment. We were critical of the Charter Commission for missing the opportunity to use the water bills to send out information, but then we don't use the newsletter. On the budget article items were left off and made rosy. The budget infonnation is incomplete. There is a chart from the Anoka County Union with proposed increases from 15 communities in Anoka County and we have the low indicated increase, but it does not say that we have the sixth highest total property tax rate. It does not talk about the water, sewer and storm sewer increase or the street assessments. 2) Activity Center Nawrocki stated that Council was told city staff has hired an architect regarding locations of an activity center. He stated that there should be competitive bids. It should not be assumed they would be used throughout the entire project. Nawrocki referred to reserve funds used for consultant fees and his assumption that is where the architect fees would corne from. ADMINISTRATIVE REPORTS Report of the City Manager . Good article in October 25 Northeaster on what we need to do to maintain our housing stock and the improvement to our city. He referred to increased property values. . Thanked Ms. Johnson for her positive comments regarding nuisance abatement. . The Minneapolis City Council will host a "meet your neighbors" on November 29th at the downtown library. All inner ring suburbs will be invited. City Council Minutes October 23, 2006 Page 27 ono . The Library budget meeting will be at 6:30 p.m. on Wednesday at Murzyn Hall and the Recreation budget will be presented at 7:00 p.m. Nawrocki . Questioned the times of the budget meetings. Concerned with time spent on the power point presentation there will not be time to go into the budget details. . We have not completed the road repairs, but we have assessed residents. When will it be done? F ehst stated he would fonvard that information. . 51 st and University - they picked up the tires and put them on a truck, but the truck is still on the property and the fence has not been fixed. What are we doing about it? F ehst stated they have reduced the number of cars and are working with us. They continue to be cited for violations. . Savers outside storage needs to be removed and the fire lane cleared. Fehst stated that staff would look into this. . 3841 3rd Street is being cleaned up a little, but has more work to do. Fehst stated that staffwill follow up on this. . 43rd and Central- restaurant property is a mess. Fehst gave the background on the property and stated that we do not have a commercial maintenance code at this time. if there are health concerns, we can force the issue. . Wagamons lot has several cars, some without current license plates. Fehst stated that the police have been notified to tag such cars and Wagamons have been notified. . We used to get a Friday report on these issues, but do not receive it anymore. Fehst stated it was not needed for one week. Report of the City Attorney - none CITIZENS FORUM Deb Johnson, 4626 Pierce, asked ifthe green sheet is public information. Fehst stated it is an internal document available at the library. Johnson suggested placing it on the web site. COUNCIL CORNER Kelzenberg . Read a police item from the green sheet to show a sample of what our officers do. Most problems are in Grid 8 and that is why we want to clean up that area. . There is a campaign going on right now for enforcement of seat belt use. Peterson . Suggested additional police patrol funds continue throughout the winter. It can be discussed in the budget process. . Sister City Committee fund raising dinner was a great success. They raised about $5,500 for the children's hospital in Lomianki. This was noticed in a national publication. . Appreciate our service men and women. We just lost a serviceman from Beardsly, MN. No matter your opinion on the war, support our troops. . The General Election is November 7. Encouraged everyone to get out and vote. Diehm . Attended the Crest View Gala and Parkview Villa bazaar. They were great events. . The Fire Department did an excellent job on their open house last Saturday. . Value for the month is non-violence. . Make a Difference Day is coming up - take time to do a kindness for someone. . November 2 there will be a play at Highland Elementary School City Council Minutes October 23, 2006 Page 28 of 30 . Halloween is coming up; pay attention to kids out trick or treating. . The General Election is coming up; regardless of your political view, get out to vote. Nawrocki . Regarding the activity center study - some people make it sound like we don't have an activity center, but we have had one since 1938. Visited Murzyn Hall last Thursday night and the rooms were all being used. . Attended the quarterly meeting ofthe Suburban Rate Authority. At their annual meeting on January 17 representatives from Xcel will be present. Asked that Xcel personnel that handle service calls be present. . League ofMN Cities - serving on the revenue committee that is developing policies for the coming year. Copy ofthe draft of policies is available to borrow. . Fire Department Open House was a great event, with things for young and old to do. The CERT group was there. Encouraged residents to sign up. Peterson . Attended the Fire Department Open House and viewed a chest compressor they have on loan. After two minutes a person is ineffective in giving CPR and this piece of equipment would be a great thing. Stated he put on the firefighter boots, jacket, pants, and hat. When he just walked across the room he was exhausted. How they save people and buildings in this heavy equipment is amazing. Indicated respect for the jobs of police officers and firefighters. . Referred to an even that Keith Roberts will sing at. . Don't take yourselves too seriously; do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 8:47 p.m. atricia Muscovitz, CMC 'Deputy City Clerk/Council Secretary ORDINANCE NO. 1517 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005, RELATING TO SWIMMING POOLS AND PORTABLE POOLS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is thereby amended to read as follows: ~ 9.103 DEFINITIONS. SWIMMING POOL, PORTABLE. Any temporary pool designed for easy construction and removal with a maximum height of 3.5 feet or a capacity of less than 3,000 gallons of water. Chapter 9, Article I, Section 9.106 (C)(4) of the Columbia Heights City Code, is thereby amended to read as follows: ~ 9.106 GENERAL DEVELOPMENT STANDARDS. (C) Accessory uses and structures (4) Private swimming pools and courts. All private swimming pools, tennis courts, ball courts and other private recreational facilities are subject to the following standards: (a) The facility in not operated as a business or private club. (b) The facility is not located within any required front or side yard. (c) The facility is set back at least five feet from any property line, including any walks, paved areas or related structures or equipment. (d) For swimming pools, the pool itself, the rear yard, or the entire property shall be enclosed by a non-climbable wall, fence or combination thereof at least six feet in height, with a self-closing gate capable of being secured City Council Minutes October 23, 2006 Page 29 of 30 with a lock so as to prevent uncontrolled access by children. If the only access is through a principal or accessory structure, such point of access shall be lockable. In the case of aboveground pools, polls sides that are vertical may contribute to the required fencing, provided all points of access are controlled to prevent access by children, including the removal of all ladders or stairs whenever the pool is not in use. (e) For in-ground pools, the pool is set back at least six feet from the principal structure. (t) Hot tubs shall not be located within five (5) feet of any side yard or rear lot line, or within any required front yard. Such pools may be equipped with a child-resistant, lockable cover in lieu of a six-foot tall fence. Hot tubs are permitted on attached or detached decks if it can be proven that the deck is engineered to be structurally sound enough to support the bearing load of the hot tub. (g) Portable pools shall not be located within five (5) feet of any side or rear lot line, or within any required front yard. Such pools may be equipped with a child-resistant cover in lieu of a six-foot tall fence. Any ladder or other means of entry into a portable pool shall be detachable and placed so that no child can gain entry into the pool without the owner's consent. Portable pools shall not be in place longer than six (6) months in a calendar year. (h) Lighting shall be so oriented so as not to cast light on adjacent properties. (i) The facility shall not be located within any drainage or utility easement. (j) Any accessory mechanical apparatus shall be located at least 30 feet from any residential structure on an adjacent lot. (k) All swimming pools containing more than 3,000 gallons or with a depth in excess of 42 inches (3.5 feet) shall require a building permit from the city. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. ORDINANCE NO. 1516 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE I-I, LIGHT INDUSTRIAL DISTRICT AND THE 1-2, GENERAL INDUSTRIAL DISTRICT IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is thereby amended to read as follows: ~ 9.103 DEFINITIONS. RESIDENTIAL CARE FACILITY, CORRECTIONAL. A licensed public or private facility, which, for gain or otherwise, regularly provides one or more dependents with 24-hour-a-day substitute for the care, food, lodging, training, supervision, rehabilitation, and treatment they need, but which for any reason cannot be furnished in the department's own home. The term includes facilities that are licensed by the Minnesota Department of Health, foster homes, residential treatment facilities, maternity shelters, group homes, schools for challenged children, and home for battered children or spouses. Such term shall also include any facility eligible for licensure by the Minnesota Department of Corrections. Chapter 9, Article I, Section 9.107 (C)(37) of the Columbia Heights City Code, is thereby amended to read as follows: ~ 9.107 SPECIFIC DEVELOPMENT STANDARDS. (C) Specific Development Standards. The following uses are subject to specific development standards: (37) Residential care facility, correctional. (a) The use shall be located at least y,; mile (1,320 feet) from all existing residential care facilities and correctional residential care facilities, regardless of the licensing status of such facilities measured from property line to property line. (b) The use shall only be located in the I-I, Light Industrial District and the 1-2, General Industrial District parcels throughout the City. (c) The use shall not be located in a two-family or multiple-family dwelling unless it occupies the entire structure. (d) The facility shall be located on a parcel meeting the minimum lot size for single-family dwelling plus and area of 300 square feet for each resident over two. The maximum number of residents shall not exceed four (4). (e) On-site services shall be for residents of the facility only. (t) The building and any exterior fenced areas shall meet the setback requirements of the zoning district in which the use is located. (g) To the extent practical, all new construction or additions to existing buildings shall be compatible with the scale and character of the surroundings, and exterior building materials shall be compatible with other buildings in the neighborhood. (h) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening and other site improvements consistent with the character if the neighborhood. (i) The facility shall meet all applicable housing, building and fire codes and be licensed as required by the State of Minnesota. City Council Minutes October 23, 2006 Page 30 of 30 (j) If the size, location, licensing or purpose of the facility changes, a new or amended conditional use permit may be required. Chapter 9, Article I, Section 9.111 (D)(3) of the Columbia Heights City Code, Is thereby amended to read as follows: ~ 9.111 INDUSTRIAL DISTRICTS. (D) I-I, Light Industrial District. (3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the I-I, Light Industrial District, subject to the regulations set forth for conditional uses in * 9.104, Administration and Enforcement, and the regulations for specific uses set forth in * 9.1 07, Specific Development Standards. (a) Caretaker's residence. (b) Outdoor sales and/or display. (c) Outdoor storage. (d) Parking ramp. (e) Concrete, asphalt or rock crushing operation. (f) Salvage operation/transfer station. (g) Adult entertainment use. (h) State licensed residential care facility, correctional. Chapter 9, Article I, Section 9.111 (E)(3) of the Columbia Heights City Code, is thereby amended to read as follows: ~ 9.111 INDUSTRIAL DISTRICTS. (E) 1-2, General Industrial District. (3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the 1-2, General Industrial District, subject to the regulations set forth for conditional uses in * 9.104, Administration and Enforcement, and the regulations for specific uses set forth in;l 9.107, Specific Development Standards. (a) Caretaker's residence. (b) Outdoor sales and/or display. (c) Outdoor storage. (d) Parking ramp. (e) Concrete, asphalt or rock crushing operation. (f) Salvage operation/transfer station. (g) Adult entertainment use. (h) State licensed residential care facility, correctional. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage.