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HomeMy WebLinkAboutJuly 9, 2007 Regular CCH ITYOFOLUMBIAEIGHTS Mayor GaryL.Peterson th 59040AvenueNE,ColumbiaHeights,MN55421-3878(763)706-3600TDD(763)706-3692 Councilmembers Visitourwebsiteat:www.ci.columbia-heights.mn.us Robert A.Williams BruceNawrocki TammeraDiehm BruceKelzenberg CityManager WalterR.Fehst 7:00PMon ThefollowingistheagendafortheregularmeetingoftheCityCounciltobeheldat Monday,July9,2007 intheCityCouncilChambers,CityHall,59040thAvenueN.E.,Columbia Heights,MN. TheCityofColumbiaHeightsdoesnotdiscriminateonthebasisofdisabilityintheadmissionoraccessto,or treatmentoremploymentin,itsservices,programs,oractivities.Uponrequest,accommodationwillbeprovidedto allowindividualswithdisabilitiestoparticipateinallCityofColumbiaHeights'services,programs,andactivities. Auxiliaryaidsfordisabledpersonsareavailableuponrequestwhentherequestismadeatleast96hoursinadvance. PleasecalltheDeputyCityClerkat763-706-3611,tomakearrangements.(TDD/706-3692fordeaforhearing impairedonly) 1.CALLTOORDER/APPOINTMENTOFSECRETARYPROTEM/ROLL CALL/INVOCATION InvocationbyBob LyndesfromCrestview. 2.PLEDGEOFALLEGIANCE 3.ADDITIONS/DELETIONSTOMEETINGAGENDA (TheCouncil,uponmajorityvoteofitsmembers,maymakeadditionsanddeletionstotheagenda. ThesemaybeitemsbroughttotheattentionoftheCouncilundertheCitizenForumoritems submittedaftertheagendapreparationdeadline.) th Therevocationitemregarding95039AvenuewhichwastabledattheJune25,2007,meetingis nowincompliance. 4.PROCLAMATIONS,PRESENTATION,RECOGNITION,GUESTS A.Presentation AnokaCounty EconomicDevelopmentAuthority-KarenSkepper 5.CONSENTAGENDA (TheseitemsareconsideredtoberoutinebytheCityCouncilandwillbeenactedaspartofthe ConsentAgendabyonemotion.Itemsremovedfromconsentagendaapprovalwillbetakenupas thenextorderofbusiness.) A.ApproveCityCouncilMeeting MinutesfortheJune11,2007regularCityCouncilmeeting MOTION:MovetoapprovetheminutesoftheJune11,2007regularCityCouncilmeetingas presented. B.AcceptMinutesoftheApril19,2007,CharterCommissionmeeting MovetoaccepttheApril19,2007,CharterCommissionminutes. 1 City Council Agenda Monday, July 09, 2007 Page 2 of 6 Move to accept the April 19, 2007, Charter Commission minutes. C.Reissue rental license for the property located 3959-3961 Polk Street N.E. MOTION: Move to issue a rental-housing license to Walter Caughey to operate the rental property located at 3959-3961 Polk Street NE in that the provisions of the residential maintenance code have been complied with. D.Approve attached list of rental housing license applications MOTION: Move to approve the items listed for rental housing license applications for July 9, 2007. E.Accept bids and award contract to Braun Intertec for construction and testing services for Municipal Liquor Stores and 2007 Street Rehabilitation Project MOTION: Move to accept bids and award contract to Braun Intertec in the amount of $34,300 for construction and testing services for Municipal Liquor Store and 2007 Street Rehabilitation Project; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. F.Adopt Resolution 2007-98, being a resolution supporting application for 2008 bonding for pedestrian bridge MOTION: Move to waive the reading of Resolution 2007-98, there being ample copies available to the public. MOTION: Move to adopt Resolution 2007-98, supporting application for 2008 bonding for pedestrian bridge. G.Approve landing of State Patrol Helicopter at Huset Park for Safety Camp on August 15, 2007 MOTION: Move to approve the landing/take-off of a Minnesota State Patrol Helicopter during Safety Camp on August 15, 2007 between 2:00 p.m. and 3:00 p.m. at Huset Park. H.Approve business license agenda MOTION: Move to approve the items on the business license agenda for July 9, 2007, as presented. I.Approve payment of bills MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 121990 through Check Number 122155 in the amount of $2,154,786.26. MOTION: Move to approve the Consent Agenda items. 6.PUBLIC HEARINGS A.First Reading of Ordinance 1526, being an ordinance adopting the permit fee schedule for temporary signs. MOTION: Move to waive the reading of Ordinance No. 1526, being ample copies available to the public. MOTION: Move to set the second reading of Ordinance No. 1526 for Monday, July 23, 2007, at approximately 7:00 p.m. in the City Council Chambers. 2 City Council Agenda Monday, July 09, 2007 Page 3 of 6 B.Adopt Resolution No. 2007-99, being a Resolution for Rental Housing License Revocation at 1026 40th Avenue N.E. MOTION: Move to close the public hearing and to waive the reading of Resolution No.2007-99, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-99, 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 Shahdi Hossein regarding rental property at 1026 40th Avenue N.E. C.Adopt Resolution No. 2007-100, being a Resolution for Rental Housing License Revocation at 1336-1338 43-1/2 Avenue N.E. MOTION: Move to close the public hearing and to waive the reading of Resolution No.2007- 100, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-100, 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 Ismael Omer regarding rental property at 1336- 1338 43 ½ Avenue N.E. D.Adopt Resolution No. 2007-101, being a Resolution for Rental Housing License Revocation at 4644 Washington Street N.E MOTION: Move to close the public hearing and to waive the reading of Resolution No.2007- 101, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-101, 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 Joe Kollasch regarding rental property at 4644 Washington Street N.E. E.Adopt Resolution No. 2007-102 being a Resolution for abatement of violations at 5030 Johnson Street N.E. MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007- 102, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-102, a resolution of the City Council of the City of Columbia Heights declaring the property at 5030 Johnson Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. F.Adopt Resolution No. 2007-103 being a Resolution for abatement of violations at 2126 45th Avenue N.E. MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007- 103, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-103, a resolution of the City Council of the City of Columbia Heights declaring the property at 2126 45th Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. G.Adopt Resolution No. 2007-104 being a Resolution for abatement of violations at 3720 2-1/2 Street N.E. 3 City Council Agenda Monday, July 09, 2007 Page 4 of 6 MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007- 104, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-104, a resolution of the City Council of the City of Columbia Heights declaring the property at 3720 2 ½ Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. H.Adopt Resolution No. 2007-105 being a Resolution for abatement of violations at 3724 2nd Street N.E. MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007- 105, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-105, a resolution of the City Council of the City of Columbia Heights declaring the property at 3724 2nd Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. I.Adopt Resolution No. 2007-106 being a Resolution for abatement of violations at 4021 Jefferson Street N.E. MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007- 106, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-106, a resolution of the City Council of the City of Columbia Heights declaring the property at 4021 Jefferson Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. J.Adopt Resolution No. 2007-107 being a Resolution for abatement of violations at 4329 Main Street N.E. MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007- 107, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-107, a resolution of the City Council of the City of Columbia Heights declaring the property at 4329 Main Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. K.Adopt Resolution No. 2007-108 being a Resolution for abatement of violations at 3704 2nd Street N.E. MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007- 108, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-108, a resolution of the City Council of the City of Columbia Heights declaring the property at 3704 2nd Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. L.Adopt Resolution No. 2007-109 being a Resolution for abatement of violations at 1625 Innsbruck Parkway N.E MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007- 109, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-109, a resolution of the City Council of the City of Columbia Heights declaring the property at 1625 Innsbruck Parkway N.E. a nuisance and 4 City Council Agenda Monday, July 09, 2007 Page 5 of 6 approving the abatement of violations from the property pursuant to City Code section 8.206. M.Adopt Resolution No. 2007-110 being a Resolution for abatement of violations at 4236 Madison Street N.E MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007- 110, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-110, a resolution of the City Council of the City of Columbia Heights declaring the property at 4236 Madison Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. N.Adopt Resolution No. 2007-111 being a Resolution for abatement of violations at 1870 Fairway Drive N.E MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007- 111, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-111, a resolution of the City Council of the City of Columbia Heights declaring the property at 1870 Fairway Drive N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. O.Adopt Resolution No. 2007-112 being a Resolution for abatement of violations at 2314 Maiden Lane N.E. MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007- 112, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-112, a resolution of the City Council of the City of Columbia Heights declaring the property at 2314 Maiden Lane N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. P.Adopt Resolution No. 2007-113 being a Resolution for abatement of violations at 4149 7th Street N.E. MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007- 113, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2007-113, a resolution of the City Council of the City of Columbia Heights declaring the property at 4149 7th Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Q.First Reading of Ordinance No. 1527, an ordinance providing for the issuance and sale of approximately $1,000,000 General Obligation Improvement and Street Rehabilitation Bonds, Series 2007A MOTION: Move to waive the reading of the Ordinance No. 1527, there being ample copies available to the public. MOTION: Move to schedule July 23, 2007, at approximately 7:00 p.m. in the City Council Chambers for the second reading of Ordinance No. 1527 being an ordinance providing for the issuance and sale of approximately $1,000,000 General Obligation Improvement and Street Rehabilitation Bonds, Series 2007A. 5 City Council Agenda Monday, July 09, 2007 Page 6 of 6 7.ITEMS FOR CONSIDERATION A.Other Ordinances and Resolutions B.Bid Considerations C.Other Business – Public Safety facility update 8.ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 9.CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10.COUNCIL CORNER 11.ADJOURNMENT Walter R. Fehst, City Manager WF/cb 6 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JUNE 25, 2007 The following are the minutes for the regular meeting of the City Council held at 7:00 PM on Monday, June 25, 2007in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Pastoral Minister Lorraine Mell, Immaculate Conception Church gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE – recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed Resolutions No. 2007-86, 2007-88, and 2007-94, as the properties have been brought into compliance. Item 7B was placed prior to Public Hearings. Nawrocki requested to add discussion of the activity center, YMCA survey, and notice of council meetings. Peterson indicated that would be item 7C. PROCLAMATIONS, PRESENTATION, RECOGNITION, GUESTS A.Introduction - Erik Hanson, Police Officer Police Chief Tom Johnson introduced Officer Erik Hanson, a former Milwaukee officer. Johnson listed Hanson’s education and background. He was given a ceremonial swearing in and received his badge from Mayor Peterson. Hanson thanked the Mayor, Councilmembers, Chief and citizens for the opportunity to work here and serve Columbia Heights. B.Introduction - Joe Pikala, Community Service Officer Police Chief Tom Johnson introduced Joe Pikala and listed his background, which included service as a Minneapolis reserve officer. He will take the to become for a licensed police officer. Pikala thanked everyone and stated that he looks forward to working in Columbia Heights. C. Proclamation - Sharon Shedlov Day - Tuesday, June 26, 2007 Mayor Peterson read the Sharon Shedlov Day Proclamation. He congratulated Mrs. Shedlov on being an employee of Northeast State Bank in Columbia Heights for twenty years and eight months and a Columbia Heights resident for over 40 years. Peterson and the Council wished her well in her retirement. D.Report: Update planning police and fire building - 47th and Central City Manager Walt Fehst stated that area public safety sites were visited that were built in the last ten years. Our building was expanded in 1978. In the 1980’s the old jail cells were converted into the Community Development Department. In 1999 Buetow and Associates did a space need study for the City, which included the Library, City Hall, Police and Fire Departments. The amount of space needed for a police department is about 15,000 square feet and about the same was recommended for the fire department. A public safety presence on Central Avenue has been considered for a long time to assist in urban problems. Redevelopment possibilities at this site were looked at for the activity center. The committee liked the idea, but the expense was to great. Council asked that the possibility 7 th of a Police/Fire building at 47 and Central, with a possible future Library, be examined. Fehst described the area being considered. The tour was set to look at what we would want in this type facility. He invited citizens to tour our present fire/police facility. The departments are dramatically substandard for their type of activities in this day and age. Fehst stated that tour members were Councilmember Nawrocki, Councilmember Kelzenberg, Mayor Peterson, Chief Johnson, Captain Roddy, Chief Gorman, and himself. th Fire Chief Gorman stated the committee met for the first time June 13. Different needs were discussed; the past space needs study, employee needs, employee retention, and a broad range of general discussion. The minimum size facility suggested was 30,000 square feet. In a city this size a joint public safety building would be the most economical, by combining training rooms, emergency th operations center, fitness rooms, conference rooms, and locker rooms. On June 20 a tour was conducted visiting facilities at New Brighton (60,000 square feet at $10 million, taking six homes, finished in 2003, very modern), St. Anthony (couple years old, only a fire station, 12,000 square feet, little over $2 million, and very limited space that does not meet their office needs) Anoka (44,000 square feet, remodeled to add on the police department, very nice, a lot of space) Coon Rapids (11,000 square feet, they have three stations so this has no office space). It was a very informative day. Touring other facilities showed that we are sorely in need of storage, office and employee space. Police Chief Johnson stated his amazement that we can attract the quality of officers we do, with the limited facilities we have. Applicants look at this type of thing. It is time we reward the employees and show that it matters that they work here. We saw proud employees in these cities. Our people are excited just to know that the city is talking about this. Our older officers say it is hard after days off to build yourself up again to come in, but this possibility has made it easier for them. It would be a good thing for the city to place a facility in this area, as that is our major resource draw. This was done in Brooklyn Center and it did help them clean up the area. Johnson applauded the Council’s effort to look at this. Fehst indicated that in all instances, except the Coon Rapids, facilities were built by the city and bonded for without a referendum. He stated that the St. Anthony facility was under-built for space and office area. Diehm stated that as the subcommittee continues to look at this, they would suggest council members ride along with our departments to understand the conditions and their issues. It is extremely important to walk in their shoes. Nawrocki stated he could understand the needs of the police department, as it has grown over the years. We have more than kept up with their needs, but they are getting crowded. The New Brighton department causes loss of communication in the department. Considering this area for a station has some merit. After seeing the other facilities, Nawrocki gave his support to look at this further. We must consider cost and consider the ability of taxpayers to pay for what we want. The average income here is about the lowest in the metro area. People question where the money will come from. Nawrocki suggested looking at the Grid 8 area for the police and use their space here for the fire department. New Brighton had an extensive resident review process. Peterson stated that the tour was exciting and he would like to have the New Brighton station here. Any thing we do, can not come free. He referred to recent problem calls at the Holiday Station and at the Jamboree. We have hired a new officer and are looking at a new facility. We have to make it known that we will not tolerate this type activity. Peterson referred to the sign on the city bus, which should be the new phrase we coin. It reads “It’s Time For Columbia Heights”. We will not bankrupt the community, but taxes may rise a little bit. We will look at options to hold back any increases. We 8 should get behind our police and fire departments to make this a possibility. Peterson thanked everyone for their reports. CONSENT AGENDA Fehst took Councilmembers through the Consent Agenda items. Items E, F, G, H were removed by Nawrocki. A.Approve City Council Meeting Minutes for the June 11, 2007 regular City Council meeting Motion to approve the minutes of the June 11, 2007 regular City Council meeting as presented. Nawrocki – correction: 4644 Washington should have been University. B.Accept Board and Commission Meeting minutes Motion to accept Library Board Meeting minutes of June 5, 2007. Motion to accept Park and Recreation Commission Meeting minutes of May 23, 2007. Motion to accept Traffic Commission Meeting Minutes of May 14, 2007. C.Approve application for Bingo permit, Tri-City Hockey Association, to be held at ICC Fun Fest. Motion to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to bingo activities to be conducted by Tri-City Hockey Association at the Immaculate Conception Church Fun Fest, 4030 N.E. Jackson Street, Columbia Heights, Minnesota, on August 11 and 12, 2007; furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day noticed to the local governing body. D.Approve transfer of funds from General Fund to Police Department Budget to reimburse Overtime Fund Motion to transfer $808.50 received from Unique Thrift Stores and $3,471.50 received from Columbia Heights School District, a total of $4,280, from the General Fund to the Police Department 2007 budget under line #1020, Police Overtime. E.Adopt Resolution 2007-85, being a Resolution to support participation of the CH Police Department in the Safe and Sober program for 10/1/07 through 9/20/08. - removed F.Authorization to proceed with thin overlay of University Service Drive from 45th to 53rd Avenue. - removed G.Approve 2007 Park Improvements - removed H.Request for Crosswalk Across Washington Street at Sullivan Drive - removed I.Approve excess liability insurance coverage Motion to accept the optional $1,000,000 in excess liability insurance coverage at a cost of approximately $30,821 increasing the current liability limit to $2,000,000, to waive the tort liability limits as set forth in Resolution 2007-36 adopted on March 26, 2007, and continue with the current deductible limit of $1,000 per occurrence. J.Approve the items listed for rental housing license applications for June 25, 2007 Motion to approve the items listed for rental housing license applications for June 25, 2007. K.Approve business license agenda Motion to approve the items on the business license agenda for June 25, 2007, as presented. L.Approve Payment of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check 9 register covering Check Number 121813 through 121989 in the amount of $889,358.85. Motion by Nawrocki, second by Diehm, to approve the Consent Agenda items, with exception of items Motioncarried. E, F, G, and H. Upon vote: All ayes. E.Adopt Resolution 2007-85, being a Resolution to support participation of the CH Police Department in the Safe and Sober program for 10/1/07 through 9/20/08. Nawrocki asked if the grant would pay the entire cost. Johnson stated the total amount is paid by the grant, which is for the entire Anoka County area. We have been involved with this program for several years to cover impaired drivers and seatbelt use. It is a very positive program. We had a motorcycle group in Hilltop and so contacted this county group. 16 extra squads were made available to us. There are no out of pocket costs, as this is a Federal grant through the State that comes to the county. Johnson stated that officers run radar detail or follow moving cars looking for probable cause. He referred to the connection between impaired drivers and non-use of seatbelts. Motion by Diehm, second by Williams, to waive the reading of Resolution 2007-85, there being Motion carried. ample copies available to the public. Upon vote: All ayes. Motion by Diehm, second by Williams, to adopt Resolution 2007-85, supporting the efforts of the Columbia Heights Police Department and the Anoka County Safe and Sober Campaign in obtaining grant money to improve seatbelt usage in the city and to reduce the number of impaired drivers on Motion carried. our city's streets. Upon vote: All ayes. RESOLUTION NO. 2007-85 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT AND PARTICIPATION IN THE SAFE AND SOBER COMMUNITIES WHEREAS, the City of Columbia Heights Police Department shall enter into a grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the project entitled Safe & Sober Communities during the period October 1, 2007 through September 30, 2008; and WHEREAS, Chief Johnson of the Columbia Heights Police Department, and (his or her) successor, is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the Columbia Heights Police Department; and NOW, THEREFORE BE IT RESOLVED that Chief Wells of the Coon Rapids Police Department is hereby authorized to be the fiscal agent and administer this grant on behalf of the Columbia Heights Police Department. F.Authorization to proceed with thin overlay of University Service Drive from 45th to 53rd Avenue. Nawrocki stated he thought this was for a lesser amount and asked if the City of Fridley had been contacted. Kevin Hansen, Public Works Director, indicated that the price of bituminous has come down. This would be an amendment to the street budget. He stated that he spoke to the Fridley Public Works Director and their offer is for a one time contribution, which we would like to save for other repairs and drainage issues in this area. Nawrocki gave the history of the area and indicated that Fridley is responsible for one-half of the road. Hansen stated that a request has been made for equipment and man power. Nawrocki asked if all of this could be paid with State Aid funds. Hansen stated no, as these are expenses that do not qualify. It is not a state aid road, but is eligible for some maintenance funding. Hansen described the mill and overlay recommendation. Nawrocki questioned project details and the estimate of the Fridley contribution. Hansen indicated the contribution would be three or four pieces of equipment and three or four employees. We will pick up the project product. Nawrocki asked the dollar amount. Hansen stated our half would be $16,000. Motion by Diehm, second by Kelzenberg, to authorize proceeding with the thin overlay of University Service Drive from 45th to 53rd Avenue with funding equally from the Street Department 10 Fund 101-43121 and State Aid Fund 212-43190, to appropriate $16,000 from the General Fund undesignated fund balance to the Street Department budget; and, authorize the Mayor and City Manager to enter into contracts with Commercial Asphalt for construction materials. Upon vote: All Motion carried. ayes. G.Approve 2007 Park Improvements Hansen stated that the Parks Capital Improvement budget had established funding of $30,000 for a Silver Lake shelter and $175,000 for work at Ramsdell Park. This would propose holding off Ramsdell improvements for now. This would replace playground equipment at Sullivan Lake Park, replace the shelter roof, removal of Pergolas, trail and lighting improvements, landscaping, and clean up of the area. Parking in the area is a significant problem and is not sufficient. The tennis courts have drainage issues. The items were discussed at a Park and Recreation Commission meeting with over 50 residents present to support these improvements. Nawrocki stated the park was originally designated “passive” with a trail around the lake. Hansen stated this request is for $215,000 from the Parks Capital Improvement fund. Nawrocki asked the fund total. Hansen the current balance is $758,000, which does not include recent park dedication fees of about $28,000. Motion by Diehm, second by Williams, to authorize staff to delay improvements at Ramsdell Park until 2008, re-authorize the 2006 Park Improvements to Sullivan Lake Park in 2007 and re- Motion appropriate $215,000 from the Park Capital Improvement Fund 412. Upon vote: All ayes. carried. H.Request for Crosswalk Across Washington Street at Sullivan Drive Nawrocki stated that the resident request was for a painted crosswalk. The Traffic Commission recommended denial, but suggested a sign for the area. Motion by Kelzenberg, second by Diehm, to deny the request for a crosswalk across Washington Street at Sullivan Drive, based on the recommendation of the Traffic Commission. Upon vote: All Motion carried. ayes. Bid Considerations 7BAdopt Resolution No. 2007-97, accepting bids and awarding contract for construction of Municipal Liquor Stores 1 and 2 - City Project Numbers 0751 and 0752 Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2007-97 there being Motion carried. ample copies available for the public. Upon vote: All ayes. Motion by Diehm, second by Kelzenberg, to adopt Resolution 2007-97 accepting bids and awarding the contract for the construction of municipal liquor stores 1 and 2, city project numbers 0751 and 0752 to Copeland Building in the amount of $3,240,000 base bid and accepting bid alternates 2, 3, 4, 5 and 6 for a total contract amount of $3,329,000 based upon their low, qualified, responsive bid and furthermore to authorize the Mayor and City Manger to enter into a contract for the same. Bill Elrite, Finance Director, described the process to replace our rental liquor store space with our own buildings. This approval is for the construction bids. We anticipated five or six bidders coming in at an estimated $4.2 million. Due to the decrease in current construction, there were 15 bidders and they were favorable bids. Staff recommends accepting the bid from Copeland Building for $3,329,000. Nawrocki questioned if the contractor is required to pay prevailing wage. Elrite stated yes. Nawrocki stated that we spent more for the land than anticipated, so the over all cost is about $5 million. How will we pay for this construction? Elrite stated it is anticipated to bond up to $4.5 million, with the principal and interest paid with what we currently pay for rent. This would be a lease purchase bond. 11 The bonds would be issued by the Columbia Heights HRA and leased to the city, which would pay the lease revenue bonds. Nawrocki questioned if this would require additional interest rates over a GO bond. Elrite stated yes, the additional amount estimated by our bond advisors is from 1.5 percent to .41 percent. The advantage is they are not pledged with full faith of the city. Nawrocki stated that GO bonds allow the voters a referendum petition and this would not. Nawrocki stated that he requested research of other cities, but did not receive it. He estimated it would be an additional $200,000 for this type of bond. One out-state facility interest rate was one-half percent more. Nawrocki questioned how the EDA would acquire the property from the City. Elrite stated it would be through a legal document he has not yet seen. Nawrocki questioned if the buildings went into default, how would the land purchased by the city protected. Elrite stated that it is highly unlikely we would default and walk away from the operation, but it is an option and would be a loss of the investment. The city would have the option to tax for the debt. Nawrocki pointed out that about $400,000 more would be incurred for equipment, which was removed from this bidding process. Elrite indicated it would be about $300,000 for additional equipment, such as the security equipment, video alarm systems, telephone systems, check out cash registers, shelving, and things of that nature. These items will be part of the project bond. Nawrocki stated that people question long range profitability and if sales are allowed in grocery stores. Elrite indicated this began by reviewing rent increases, and rather than renting to use the funds to pay for a bond and own the buildings. As for the possibility of wine sales in grocery stores, it was considered so these buildings could be used as retail space. Elrite stated that if we had built liquor stores in 1984 when we began, the stores would be paid for. Nawrocki stated that owning, if you can afford it, is more advantageous than paying rent. He indicated that we would be responsible for maintenance costs, such as the frequent need to replace carpets. Upon vote: Kelzenberg, aye; Williams, ayes; Diehm, aye; Nawrocki, abstain; Peterson, aye. 4 ayes – Motion carried. 1 abstention. RESOLUTION NO. 2007-97 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE CONSTRUCTION OF MUNICIPAL LIQUOR STORES 1 & 2, CITY PROJECT NO.s 0751 & 0752 WHEREAS, pursuant to an advertisement for bids for City Project No. 0751 & 0752, Municipal Liquor Stores 1 & 2, fifteen bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Base BidBid BondAlternates 1-6 Merrimac Construction* $2,549,854 x Gen-Con Construction $3,239,900 x Copeland Building $3,240,000 x VSI Construction $3,338,521 x Ebert Construction $3,344,000 x DEW Corporation $3,345,000 x Lund-Martin $3,409,000 x CM Construction $3,435,000 x Rochon $3,460,000 x Arkay Construction $3,485,000 x Greystone Construction $3,490,805 x MorCon Construction $3,510,354 x Frerichs Construction $3,614,000 x Jorgenson Construction $3,659,000 x Proform Construction $3,799,000 cashier’s check * Withdrew Sealed Bid due to bidding error. WHEREAS, it appears that Copeland Building Corporation is the lowest responsible bidder, accepting alternates 2-6. 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 12 Copeland Building Corporation, 5300 Hyland Greens Drive, Suite 200, Bloomington, Minnesota 55437 in the name of the City of Columbia Heights, for the Municipal Liquor Stores 1 & 2, City Project No.’s 0751 & 0752, according to plans and specifications therefore approved by the Council. 2.The Project Architect, Oertel Architects, Ltd is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest three bidders shall be retained until the contract has been signed. 3.City Project No. 0751 & 0752 shall be funded from the Liquor Store Fund 436. PUBLIC HEARINGS A.Adopt Resolution No. 2007-86 being a resolution for rental housing license revocation at 4916 Tyler Street N.E. - removed B.Adopt Resolution No. 2007-87 being a resolution for rental housing license revocation at 950 39th Avenue N.E. ChiefGorman stated the violation was for scrapping and painting of the windows. One-half of the building is complete. There were issues with a tenant versus the contractor. He recommended tabling the revocation for two weeks or proceeding with the revocation and holding off enforcement for two weeks. Mir Ali, New Brighton, stated he had a problem evicting a tenant that was harassing the contractor. He indicated that they have tried their best to complete the work. The police were contacted and the tenant evicted on June 20. All but four windows have been completed. Ali requested an extension. Diehm asked if they were aware that our Police Department would assist they by doing tenant background checks. Hussan Khen stated that they are now aware of this service and will use it in the future. He spoke of the tenant’s anger and how difficult it was to get anyone to work on the building with this person there. With him now removed, a two week extension was requested. Diehm again suggested they use the city’s background check service to ensure this does not happen in the future. Motion by Williams, second by Kelzenberg, to table Resolution No. 2007-87, 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 Ashraf, LLC regarding rental property at 950 39th Avenue N.E Nawrocki questioned their progress. Gorman stated it began with about 30 windows and they only have a few left. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Peterson, aye; Nawrocki, no response. 4 Motioncarried. ayes. Nawrocki asked if they currently use a background check service to screen tenants. Khen indicated not currently, but they would in the future. Nawrocki indicated that he did not hear the call for a vote, as he was talking to the property owner. C.Adopt Resolution No. 2007-88 being a resolution for rental housing license revocation at 1215 37th Avenue N.E. - removed D.Adopt Resolution No. 2007-89 being a resolution for rental housing license revocation at 3926-3928 Ulysses Street N.E. Gorman stated that this property is in foreclosure. Peterson asked when the property is being repossessed if we could still take care of vandalism and tall grass. Gorman indicated he would check on this. He also reminded everyone that there is a long grass hot line to report properties in violation. 13 Motion by Williams, second by Diehm, to close the public hearing and to waive the reading of Resolution No.2007-89, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution No. 2007-89, 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 & Tracy Decker regarding Motion carried. rental property at 3926-3928 Ulysses Street N.E. Upon vote: All ayes. RESOLUTION 2007-89 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Christopher & Tracy Decker (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3926-3928 Ulysses Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 7, 2007of an public hearing to be held on June 25, 2007. 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 April 15, 2007, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2.That onJune 7, 2007, 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 application and failure to schedule a rental license inspection. 4.That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7783B 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. E.Adopt Resolution No. 2007-90 being a resolution for rental housing license revocation at 4323 3rd Street N.E. Gorman stated that this property is vacant, with violations of downed trees, outside storage, stumps, and landscape issues. Motion by Kelzenberg, second by Diehm, to close the public hearing and to waive the reading of Resolution No.2007-90, there being ample copies available to the public. Upon vote: All ayes. Motion carried . Motion by Kelzenberg , second by Williams, to adopt Resolution No. 2007-90, 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 Tracy Pomeroy regarding rental Motion carried. property at 4323 3rd Street N.E. Upon vote: All ayes. 14 RESOLUTION 2007-90 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 Tracy J. Pomeroy (Hereinafter "License Holder"). rd Whereas, license holder is the legal owner of the real property located at 4323 3 Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on May 24, 2007of an public hearing to be held on June 25, 2007. 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 April 16, 2007, inspectors for the City of Columbia Heights, inspected the property described above and noted four 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 onMay 24, 2007, inspectors for the City of Columbia Heights, reinspected the property and noted four violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3.That onJune 18, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted four 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: Shall remove the trees in front that are already half cut down, shall remove the dead trees (tree stumps) in the yard and front area, shall remove all/any outside storage from the property, shall install sod or seed or approved landscape material on the bare area that is on north side of the driveway. 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 F7687 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. F.Adopt Resolution No. 2007-91 being a resolution for rental housing license revocation at 4631-4633 Pierce Street N.E. Gorman stated this revocation was for failure to submit the license application and schedule an inspection. The inspection has now been scheduled, so item B can be removed, but the application has not been received. Deb Johnson, 4626 Pierce Street, stated she lives across from this property. These violations are the least of the property’s problems. Last night there were multiple police vehicles at the property, and police activity is a weekly occurrence. If the property is such a problem for the police, shut it down for that reason. Peterson stated that if the police received three reports from an address, the tenant could be removed. Gorman stated that calls must go to the police department for this type of revocation. An inspection has not been done on this property because the application has not been received. Diehm questioned if the license was revoked and they submit the application tomorrow, would they continue as if this did not happen. Jim Hoeft, City Attorney, indicated that the license would be revoked, requiring a new license application, inspections and license reinstatement. Diehm asked if this takes longer than 60 days, would the tenant be removed. Hoeft indicated yes, but we are not trying to force tenants from these properties. 15 Nawrocki requested copies of the police reports from this property. He indicated that there is a pickup with an expired license in the backyard. Deb Johnson restated that something should be done if this property gets that many police calls. Fehst stated that it is very important to call the police for any suspicious activity. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution No.2007-91, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2007-91, 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 Tim Proue regarding rental property at Motion carried. 4631-4633 Pierce Street N.E, with the removal of item B. Upon vote: All ayes. RESOLUTION 2007-91 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 Tim Proue (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4631-4633 Pierce Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 7, 2007of an public hearing to be held on June 25, 2007. 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 April 15, 2007, inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2.That onJune 7, 2007, 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 application and failure to schedule a rental license inspection. 4.That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F7725 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. 2007-92 being a Resolution for abatement of violations at 4011 5th Street N.E. Gorman stated this property abatement began last fall with some siding issues on the garage. They were given a seasonal extension. Properties given extensions were sent a reminder letter in April. The work has not been completed. Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2007-92, there being ample copies available to the public. Upon vote: All ayes. Motion carried. 16 Motion by Williams, second by Diehm, to adopt Resolution No. 2007-92, a resolution of the City Council of the City of Columbia Heights declaring the property at 4011 5th Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Motion carried. Upon vote: All ayes. RESOLUTION 2007-92 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 Diane J. Diederichs (Hereinafter "Owner of Record"). th Whereas, the owner of record is the legal owner of the real property located at 4011 5 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 certified mail to the owner of record on June 4, 2007. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1.That on September 5, 2006 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2.That on October 23, 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 certified and regular mail to the owner listed in the property records. 3.That on January 22, 2007 the Fire Department granted a seasonal extension to the property owner. The new compliance date listed on the extension letter was June 4, 2007. A extension letter was mailed via regular mail to the owner listed in the property records. 4.That on June 4, 2007 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 5.That on June 18, 2007, inspectors re-inspected the property and found that one violation remained uncorrected. 6.That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall replace the missing siding corners on the garage. 7.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 th 1.That the property located at 4011 5 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 th 1.The property located at 4011 5 Street N.E. constitutes a nuisance pursuant to City Code. 2.That a copy of this order shall be served upon all relevant parties and parties in interest. H.Adopt Resolution No. 2007-93 being a Resolution for abatement of violations at 4043 Jefferson Street N.E. Gorman listed the items to be completed. He stated that the owner has talked to the Building Official regarding the siding. The only items remaining are B and C. Gorman recommended revocation. Nawrocki stated there is also a brush pile in the front yard. Gorman stated that can not be included in this abatement. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2007-93, there being ample copies available to the public. Upon vote: All ayes. Motion carried. 17 Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2007-93, a resolution of the City Council of the City of Columbia Heights declaring the property at 4043 Jefferson Street N.E. a nuisance and approving the abatement of remaining violations from the property pursuant to City Motion carried. Code section 8.206. Upon vote: All ayes. RESOLUTION 2007-93 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 Nicholas Dawydenko (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4043 Jefferson 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 certified mail to the owner of record on May 31, 2007. 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 April 23, 2007 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 May 31, 2007 inspectors re-inspected the property listed above. Inspectors noted that five violations remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3. That on June 15, 2007, inspectors reinspected the property and found that five violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: shall install sod or grass seed, or approved landscaping material next to the parking area in the rear and any other areas that are bare/dirt, and shall replace the missing siding on the house. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4043 Jefferson 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 4043 Jefferson Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. I.Adopt Resolution No. 2007-94 being a Resolution for abatement of violations at 4929 6th Street N.E. - Removed J.Adopt Resolution No. 2007-95 being a Resolution for abatement of violations at 1340 Pierce Terrace N.E. Gorman stated that this property is vacant and in foreclosure. We have had the grass cut twice. Someone has placed a notice on the home indicating that all items must be removed from the property. Nawrocki stated there are appliances in the front yard. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2007-95, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2007-95, a resolution of the City Council of the City of Columbia Heights declaring the property at 1340 Pierce Terrace N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 18 Motion carried. 8.206. Upon vote: All ayes. thth Nawrocki requested 4929 6 Street be check for noncompliant weeds and 666 48 Avenue be checked for weeds in the back yard and an open door. RESOLUTION 2007-95 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 Corwin Spears (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1340 Pierce Terrace 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 certified mail to the owner of record on June 1, 2007. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on May 2, 2007 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 June 1, 2007 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3. That on June 13, 2007, 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 all/any outside storage from the property. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 1340 Pierce Terrace 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 1340 Pierce Terrace 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 A.Other Ordinances and Resolutions Adopt Resolution No. 2007-96, being a Resolution establishing the rates for water service, sanitary sewer service, storm sewer and refuse for the years 2007 through 2012. Fehst stated that in 2003 Short Elliot Hendrickson (SEH) did the first rate study for us. In the 1980’s special assessments were stopped, with no assessment for utility improvements, but rates did not reflect this. In 2003 we established a five year to ten year cycle of increases to maintain roads and utilities. Water rates were increased, but rates were kept down for sewer and refuse. We are trying to keep up financially. Hansen stated that a comprehensive utility rate study was completed in 2003, included water, storm sewer and sewer, but not refuse. We wanted to look at the established rates and look out to 2012 with a five year projection. The result of the update was prepared by SEH and was included in the council packet. In 2003 it was decided to draw down on reserve funds. We are not bonding and using cash on hand. We need to build funds for repairs. The sanitary sewer fund does not generate operations and maintenance funds. Further impact is the National Pollution Discharge requirements, 19 which is a federal mandate on storm water run off. Sanitary sewer resources go to cleaning the system. There is an infiltration surcharge that we receive credit for to care for our system. The Water Department is dealing with the maintenance of our older system. It is expensive to line old lines. Localized problems will continue to come before council for review. In 2003 the study did not include refuse, but had an operating loss of almost $70,000. This was to include a five year refuse projection. When the contract ends in 2008 we are looking at an estimated three percent increase. Each of the four funds had increase recommendations of four percent. We recommend 3.6 to 3.8 percent. This includes a mid year plan and five year plan. Motion by Williams, second by Diehm, to waive the reading of Resolution No. 2007-96, there being Motion carried. ample copies available to the public. Upon vote: All ayes. Motion by Williams, second by Diehm, to adopt Resolution No. 2007-96, being a Resolution establishing the rates for Water Service, Sanitary Sewer Service, Storm Sewer and Refuse for the years 2007 through 2012. Nawrocki questioned NPDS pending TMDL requirements. Hansen stated that is national pollution discharge system requirements. We do this through cleaning and televising our storm sewer system. This also monitors our lakes nutrient levels. Nawrocki referred to the Met Council $80,000 surcharge. Hansen indicated that as long as we spend that much on our infiltration reduction program and sewer lining we do not pay that surcharge. We intend to apply annually to have the fees waived. In 2011 there could be an additional cost if we don’t show peak limit compliance. Nawrocki referred to the Finance Director’s description of the cost increase. Nawrocki stated that in 2003 the increase over five years was 50 percent. There is a refuse surplus that can be used. Nawrocki indicated that double digit property tax increases were not considered. Nawrocki indicated that his water usage is twice the amount indicated as average use. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 Motion carried. nay. Resolution 2007-96 BEING A RESOLUTION SETTING RATES ON PUBLIC UTILITIES, INCLUDING SEWAGE DISPOSAL, WATER SUPPLY, STORM SEWER AND REFUSE IN THE CITY OF COLUMBIA HEIGHTS BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights, that: In accordance with the operating costs and rates to be paid by the City of Columbia Heights to the Metropolitan Council Environmental Services and the Minneapolis Water Department, the following rates shall be put into effect as of August 1, 2007 on all billings rendered thereafter: 1. Water Supply Rates: Year Mid-yr Customer Classification 2007 2008 2009 2010 2011 2012 Residential Fixed Fee $14.91 $17.30 $18.34 $19.81 $21.39 $22.89 Rate per 1000 Gallons $2.830 $2.943 $3.046 $3.168 $3.295 $3.427 Water Meter Surcharge $ 3.00 $ 3.00 $ 3.00 $ 3.00 $ 3.00 $3.00 Senior Fixed Fee $ 9.81 $12.20 $13.24 $14.71 $16.29 $17.79 Rate per 1000 Gallons $2.830 $2.943 $3.046 $3.168 $3.295 $3.427 Water Meter Surcharge $ 3.00 $ 3.00 $ 3.00 $ 3.00 $ 3.00 $3.00 Commercial/Industrial Fixed Fee $14.91 $17.30 $18.34 $19.81 $21.39 $22.89 Rate per 1000 Gallons $2.830 $2.943 $3.046 $3.168 $3.295 $3.427 2. Sewer Disposal Rates: Residential 20 Fixed Fee $16.45 $16.94 $17.70 $18.24 $18.78 $19.34 Rate per 1000 Gallons $1.780 $1.835 $1.918 $1.975 $2.035 $2.096 Maximum charge for 24,000 gallons $60.99 $62.82 $65.65 $67.62 $69.65 $71.75 Senior Fixed Fee $11.35 $11.84 $12.60 $13.14 $13.68 $14.24 Rate per 1000 Gallons $1.780 $1.835 $1.918 $1.975 $2.035 $2.096 Maximum charge for 24,000 gallons $60.99 $62.82 $65.65 $67.62 $69.65 $71.75 Commercial/Industrial Fixed Fee $16.45 $16.94 $17.70 $18.24 $18.78 $19.34 Rate per 1000 Gallons $1.780 $1.835 $1.918 $1.975 $2.035 $2.096 3. Storm Sewer Rates: Year Mid-yr 2007 2008 2009 2010 2011 2012 Land Use R-1 $ 2.58 $ 2.71 $ 2.85 $ 2.92 $ 2.99 $ 3.06 R-2 $ 2.58 $ 2.71 $ 2.85 $ 2.92 $ 2.99 $ 3.06 R-3 $17.04 $17.89 $18.78 $19.25 $19.73 $20.22 R-4 $17.04 $17.89 $18.78 $19.25 $19.73 $20.22 RB $33.15 $34.81 $36.55 $37.46 $38.40 $39.36 LB $33.15 $34.81 $36.55 $37.46 $38.40 $39.36 GB $37.47 $39.34 $41.31 $42.34 $43.40 $44.49 CBD $37.47 $39.34 $41.31 $42.34 $43.40 $44.49 I $29.24 $30.70 $32.24 $33.05 $33.88 $34.73 I-1 $33.15 $34.81 $36.55 $37.46 $38.40 $39.36 MWW $ 4.10 $ 4.31 $ 4.53 $ 4.64 $ 4.76 $ 4.88 4. Refuse: Container Size 32 $28.57 $28.57 $29.43 $30.31 $31.22 $32.16 60 $29.93 $29.93 $30.83 $31.75 $32.70 $33.68 90 $37.33 $37.33 $38.45 $39.60 $40.79 $42.01 Senior $28.00 $28.00 $29.00 $30.00 $31.00 $32.00 Recycle & Yard Waste $10.02 $10.02 $10.32 $10.63 $10.95 $11.28 BE IT FURTHER RESOLVED that all foregoing rates do not include State fees or Sales Tax, and BE IT FURTHER RESOLVED that all State fees and taxes will be added to the utility bills in addition to the foregoing rates. BE IT FURTHER RESOLVED that all foregoing rates are made effective August 1, 2007 in order to meet the additional and ongoing cost to the City of Columbia Heights for these respective services. B.Bid Considerations - item discussed previously C.Other Business a. Approve Liquor Operations Management Staffing Elrite stated this proposes liquor store management restructuring. Currently, we have one operations manager, seven assistants and clerks. At this time we have two vacant assist manager positions. This includes a step structure, such as that used in other operations, realizing a savings in salaries and benefits. This would include one operation manager, two store managers, three assistant managers and part time supervisors. Current vacancies would not be filled and positions would be restructured as they become open. This would relate to a savings of $42,000 and when all positions are filled, the savings would be $28,000 a year. This is a better management plan. We have lost good people because with the current system there are no advancement opportunities. This structure eliminates problems, saves money, and gives promotional opportunities. 21 Diehm thanked the Finance Director for saving money and looking for a structure to benefit employees. Motion by Diehm, second by Kelzenberg, to approve the establishment of the store manager position and part-time store supervisor position, the job descriptions, and the 2007 wage ranges. Nawrocki indicated that this should be done at budget time, particularly dealing with salaries. There may be merit to this, but he questioned how long it would be until more managers were requested. He questioned how many hours the part time supervisors would have. Elrite indicated from 18-35 hours, depending on the individual. Diehm indicated that the City Manager should encourage each division to continually reevaluate positions to save money, not only at budget time. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes – Motion carried. 1 nay. b. Distribution of the 2006 Comprehensive Annual Financial Report and the independent auditors report from HLB Tautges Redpath, LTD. Elritestated that this request is to schedule an audit review time. Motion by Diehm, second by Kelzenberg, to recognize that the 2006 independent auditors report from HLB Tautges Redpath, Ltd., including the Comprehensive Annual Financial Report for the City of Columbia Heights, was distributed to council members and to schedule July 30, 2007 at 7:00 p.m. as the date and time to meet with the auditor. The auditor will be given 30 minutes to present the audit findings and recommendations followed by a time period for council questions. Nawrocki indicated that there is not enough time spent with the auditor to review the report. Only the audit summary is covered. The Council is responsible for the finances of the city. He requested that all discussion be allowed. This should have had been done earlier, as we are beginning the budget for next year and to do that you need to understand the past year. Motion carried. Upon vote: All ayes. Activity Center Fehst indicated there would be a public meeting on July 10, at 6:30 p.m., at First Lutheran Church to get information and ask questions of the Activity Center Advisory Committee. Nawrocki stated he has not heard positive comments on something that could be $21 million. Peterson stated that this information has been reported before and is redundant. Nothing new has transpired. Nawrocki stated that people feel the information brochure is biased, and requested the cost of the brochure. Fehst stated costs were for printing and mailing and were included in the consultant fees. Diehm indicated that a certain number of community meetings and information were Council approved. Nawrocki insisted on an answer as to the brochure cost. He indicated that residents will not be given a “no” option to choose. Peterson indicated his feeling that this statement was to tell residents to indicate no. The rest of the council members have tried not to influence the resident committee process. Nawrocki stated that he was entitled to his opinion. Resident comments are that they will not attend, as it would not do any good. This is a possible $20 million project that should be followed closely. Nawrocki stated his disappointment with the YMCA survey, indicating that we should back out of it. The questions are YMCA image questions and are not limited to Columbia Heights residents. 22 Motion by Nawrocki to attempt to cancel out of the YMCA survey. Seconded by Diehm for discussion. Diehm stated her whole hearted disagreement. We entered into the agreement because the YMCA would try to determine if they want to partner with us, where they would draw from, and how many paying memberships our community and the geographic area would have to support . such a center We all knew the survey was to gauge the interest of the area. They have partnered with other cities. The City of Elk River was able to get a great facility with a couple of gyms with a YMCA around it and the cost was far less. This information will help us. This may not be what Councilmember Nawrocki wants, but it is what the Council agreed to. Nawrocki stated that we are paying half the cost and it really only assists the YMCA, not the interests of our residents. Upon vote: Kelzenberg, nay; Williams, nay; Diehm, nay; Nawrocki, aye; Peterson, nay. 4 nays – Motion failed. 1 aye. Notice for meeting Nawrocki stated that this meeting agenda was still not on cable Sunday. We are charging cable users $150,000 for fees on cable and we don’t give them good information. All council meetings, council work sessions, and special meeting agendas should be available on cable. Motion by Nawrocki for agendas of all council meetings, special council meetings, and work sessions be placed on cable at least 72 hours before the meeting. Fehst apologized, stating the agenda should have been on cable earlier and was not. It has been made clear to the person responsible that this must be done. Motion died for lack of a second. Peterson called for a second to the motion. ADMINISTRATIVE REPORTS Report of the City Manager Item for July 2 work session – Comprehensive Plan Consultant finalist interviews. Referred to the single sort recycling program survey – listed survey numbers. Columbia Heights is a regular recycler, winning County awards. Single sort would cost $.68 per month. Because of increased costs for gas and oil, new bin costs would be prohibitive. Residents have asked that this be reconsidered, so we will talk to the hauler again. Nawrocki How many homes were on the trial single sort program and when do we go out for bids again. Fehst stated 132 were in the trial and we are in the second or third extension of the contract. . What do they get for the recycled They will want a contract extension if they buy this equipment items they collect and sell? th 1040 49 Avenue – a trench was dug through the mound to prevent ponding, but what if this becomes plugged. Fehst stated that this would be monitored. Report of the City Attorney CITIZENS FORUM rd Michael Henry, 947 43 Avenue, stated that the City Clerk did a nice job hosting the last two Mayor’s Reports. He indicated displeasure with gas station loudspeakers and late night safety incidents. Gas 23 stations should be required to close between 11:00 p.m. and 6:00 a.m. and microphones should be banned. Fehst stated that they are monitored for noise ordinance violations and we have additional police coverage at these locations. Nawrocki stated that these services are necessary as people work different hours. th Fehst stated staff would ask for consideration of median trees on 40 Avenue, since it will be resurfaced beginning in July. COUNCIL CORNER Peterson stated he would not be available the first two weeks in July. He has reviewed the comprehensive plan books and will make his opinion known. The Council President will preside at the th July 9 meeting. Peterson indicated that Public Works employee Ed Radi is back from serving in Iraq for two years. We will invite him to a Council meeting to welcome him back to our community. Public Works employee Jesse Davies is soon to be deployed to Iraq. Remember to thank our service men and women and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:50 p.m. ________________________________ Patricia Muscovitz, CMC City Clerk 24 OFFICIAL MINUTES OF THE CHARTER COMMISSION THURSDAY, APRIL 19, 2007 7:00 P.M. GAUVITTE ROOM MURZYN HALL Call to Order The meeting was called to order by President Mike Hartel at 7:15 p.m. Roll Call Members present: Bob Buboltz, Barb Gertsema, Mike Hartel, Jim Johnson, Katy Korday, Scott Kyseth, Mike Patiuk, Lori Ritzko, Joe Sturdevant, Joseph Sturdevant, Dan Vogtman Members absent and excused: Nancy King Members absent and unexcused: Carolyn Laine Council Liaison for 2007, Tami-Ericson Diehm, was present. Carole Blowers, Recording Secretary was present. Jim Hoeft, City Attorney, was present. Approval of Minutes of January 18, 2007: The Recording Secretary stated she inadvertently omitted Dan Vogtman’s name in the minutes for an excused absence on January 18, 2007. Motion by Commissioner Buboltz, seconded by Commissioner Johnson, to approve the minutes with this correction for the January 18, 2007, meeting. Motion passed unanimously. A lengthy discussion ensued about certain issues regarding the ballot question voted on in November of 2006, pertaining to wards such as what was done and what things would be confronted if this issue is raised again. More details of this conversation can be found under “Old Business”. Correspondence The Recording Secretary advised that since the January meeting, the 2006 Charter Commission’s Annual Report as approved at the January, 2007, meeting was forwarded to the City Clerk and the Chief Judge. She also contacted the City Attorney regarding the request of the commission for a review of the charter, section by section, and asked him for information to be prepared for the commissioners for this meeting. Status of Membership The Charter Commission still has two vacancies. The Recording Secretary was not aware of any applications pending at this time. Charter Commission April 19, 2007 Page 1 25 Slips were passed out to members who were absent in January to verify their current phone and e-mail addresses for the Recording Secretary. Old Business Annual Board/Commission Dinner The annual board/commission recognition dinner was held on Thursday, March 29, 2007, at Murzyn Hall. President Hartel, on behalf of the entire commission, thanked the city council for a very nice event and dinner. Further Discussion on Ballot Question from November, 2006, General Election Further discussion on the Charter Commission ballot question on wards from November, 2006, was brought forward. Commissioner Korday questioned why the cablecasting of our public hearing was pulled. The City Attorney stated the city has no legal obligation to run it. President Hartel stated that there were a couple of inaccuracies in the information presented at that public hearing, and he was asked to make corrections to the information before it was run. He stated that after the corrections were made, he was unaware that it was pulled. Commissioner Patiuk stated that whether the public hearing contained right or wrong information, it should have been run. Obviously at city council public hearings, there is information stated that is not always correct, but it is still run. Commissioner Patiuk stated he had a problem with the City Manager making a last minute change to our flyer that went out in the newspaper to the residents without approval from the sub- committee. Commissioner Korday stated that she just wanted to make it clear to the entire commission what obstacles will be faced if this issue is raised again, and wanted to know if the City Attorney would be available for questions if they arose again. She stated she never actually spoke with the City Attorney about questions she had during this past amendment process, but perhaps he left her a message. She also stated that much work was done by the sub-committee members, and the vote was quite favorable, even though it did not pass by the voters. (Note: The official votes the ballot question in the November, 2006, general election against were 3,892; the official votes the ballot question in the November, 2006, general election were 2,621; and for there were 812 blank votes.) Commissioner Korday talked about the limited amount of money the commission had to work with this issue and wondered if anything was going to be done about increasing that amount. President Hartel stated that State Representative Carolyn Laine is working on that issue. He also stated that the ballot question and request for additional funds to educate the public was under a lot of scrutiny. He stated the council did not agree with the change, and we were informed of this right from the start. If this issue is raised again and the group worked in a timely and organized fashion, the information could get out in the utility bills. City Council Liaison Tami Ericson- Diehm stated that Charter Commission members could have come to city council meetings and voiced their opinions on this subject as a “resident”. Commissioner Johnson expressed interest in bringing this issue to the voters again in the 2008 election. President Hartel stated the citizens voted it down, and we should leave it alone for a while. Commissioner Johnson stated that we now know what the pitfalls would be, and we should have more monies available. The City Attorney stated that the city council has no obligation to assist us in changing the charter in any way. If they agree with a proposed change to the charter, they would be more receptive with notification of information to the citizens. He stated that Commissioner Patiuk and he had many conversations and e-mails over the ballot question. Commissioner Patiuk confirmed that. Charter Commission April 19, 2007 Page 2 26 Commissioner Korday stated that the sub-committee worked hard to get the information out to the citizens, keeping in mind it had to be neutral and approved by the City Attorney. She stated if we are going to work on this issue again in the future, we should have a plan on how we are going to present this information to the public. The Charter Commission sub-committee had to remain neutral in the information distributed. Commissioner Patiuk stated the City Manager had changed some wording at the last moment in the “cons” area of the information the subcommittee put together to go out to the public, which the City Attorney approved. The City Attorney stated if the council is not receptive to any change the Charter Commission proposes, we can take it to the voters. Members can use their own personal monies by forming a citizen group to advocate for or against a proposed ballot question, acting as a citizen. Letters to the editor cannot indicate that you are a member of the Charter Commission, but can present personal views as a citizen. President Hartel stated the commission had to remain neutral on the subject on anything that went out on the subject. The City Attorney stated the city council had to remain neutral on the language for the ballot question. New Business Review of the City Charter by the City Attorney At the last Charter Commission meeting, President Hartel asked the commission members to start looking over the Charter as a whole. He personally has been approached about changing the Mayor’s term from two years to four years. Other commissioners previously brought up the city councilmembers’ pension and benefits. A previous chart indicating what sections of the City Charter are overridden by state statutes were provided to members present this evening. The City Attorney started discussion on the City Charter by giving a brief overview of the purpose of the charter and the difference between a statutory city and a charter city. Also, he explained that a Plan A charter city has a City Administrator, and a Plan B charter city has a City Manager. Then he began by reviewing each section of Chapter 1 and Chapter 2: In particular, in Chapter 2, Section 7, under statutory cities, the council consists of one mayor and four to six councilpersons. Councilmen should be changed to councilperson. Under our charter, the council consists of one mayor and four councilpersons. In Chapter 2, Section 9, there are more specifics in our charter as to how a council vacancy is filled. In Chapter 2, Section 10, this section regarding PERA for Police and Fire should be reviewed and possibly modified. In Chapter 2, Section 11, the City Manager is appointed by the Council at will. (It should also be noted here that with our city charter, the City Manager does not manage the Police Department.) In Chapter 2, Section 13, the amounts mentioned are outdated. The City Attorney stated it should be changed so that the amounts are set by ordinance. It was noted that changes to salary for the council are not effective until after the next municipal election. In Chapter 2, Section 15, the City Manager’s bond is for $5,000. Discussion on each chapter and section will continue at the next Charter Commission meeting. Charter Commission April 19, 2007 Page 3 27 Next Meeting Date The next regular Charter Commission meeting date is July 19, 2007, at 7 p.m. at Murzyn Hall. Continuation of review of the entire charter will be an agenda item. Adjournment Motion by Commissioner Sturdevant, seconded by Commissioner Sturdevant, to adjourn the meeting at 8:18 p.m. Respectfully submitted, Carole J. Blowers, Recording Secretary Charter Commission April 19, 2007 Page 4 28 CITY COUNCIL LETTER Meeting ofJuly 9, 2007 AGENDA SECTION: CONSENTORIGINATING DEPARTMENT: CITY FireMANAGER NO:APPROVAL ITEM:REISSUE RENTAL BY: Gary Gorman BY: LICENSE DATE: July 2, 2007 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against the following properties for failure to meet the requirements of the Residential Maintenance Codes has been resolved. The owner has corrected all violations and paid all fees due. RECOMMENDED MOTION: Move to issue a rental-housing license to Walter Caughey to operate the rental property located at 3959-3961 Polk Street NE in that the provisions of the residential maintenance code have been complied with. COUNCIL ACTION : 29 CITY COUNCIL LETTER Meeting ofJuly 9, 2007 AGENDA SECTION: CONSENTORIGINATING DEPARTMENT: CITY FireMANAGER NO:APPROVAL ITEM:Rental Housing BY: Gary Gorman BY: Licenses DATE: July 3, 2007 DATE: NO: Approval of the attached list of rental housing license applications, in that they have met the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for July 9, 2007. COUNCIL ACTION : 30 List of 2007 Rental Licenses to Approve Occupany I.D.Property Owner NameProperty Address Guardian Property Management4217 Quincy 10062 Grace & Truth Chapel4345 2ND 20222 Crestview Corp. Attn: Anita Kottsick1675 44TH 30003 Ahmed Abdullahi4637 7TH 10009 Ahmed Al-Beheary4916 Tyler 20208 Haji Azam4655 PIERCE 30101 Jon Boerger1715 37TH 20179 Raymond Buganski1026 45TH 12094 Martha Demetriou4654 Tyler 30123 Mohsen Dessouki4612 FILLMORE 20218 Dianne Dickinson1725 37TH 20015 Steven Efterfeld1100 39TH 20102 Michelle Ferreira4422 CENTRAL 30070 Carolyn Fisher3728 PIERCE 12085 Bernard Gulland970 43 1/2 30051 Dennis Hanson3807 VAN BUREN 20059 Mike Hozempa3804 3RD 20084 Dale Melberg3719 PIERCE 20280 Julio Orellana4628 JOHNSON 12091 Barbara Reed4524 FILLMORE 12093 Erich Rice3940 JOHNSON 20079 John & Allison Richter3746 3RD 20113 Linda Rogers1057 POLK 12115 Cheri Runke4201 6TH 12219 Tokan Sarsour4002 Reservoir 20055 Nelia Schaff4228 MADISON 20228 Ronald Schloesser4215 2ND 20188 Dan Schreier4241 2ND 20057 Luis Sinchi4534 MADISON 30074 Wilton Smith4544 MADISON 30075 John Utke3849 JACKSON 20333 Page 07/03/200714:421 31 CITY COUNCIL LETTER Meeting of: 7/9/07 AGENDA SECTION:CITY MANAGER : CONSENT AGENDA ORIGINATING DEPARTMENT NO: PUBLIC WORKS ITEM:BY:BY: ACCEPT BIDS AND AWARD CONTRACT TO K. Hansen DATE: BRAUN INTERTEC FOR CONSTRUCTION AND DATE: 7/3/07 TESTING SERVICES FOR MUNICIPAL LIQUOR STORES AND 2007 STREET REHABILITATION PROJECT Background: Bids have been received and awarded for two large public improvement projects scheduled for 2007 construction: Two Municipal Liquor Stores Annual Street Rehabilitation Project th Work is scheduled to begin on the liquor stores the week of July 16, and work has recently begun on the 2007 Street Rehabilitation Projects. Analysis /Conclusions: Both projects were bid with the City of Columbia Heights responsible for material and special testing services, which include: Municipal Liquor Stores: Soils excavations and compaction testing; Reinforcing steel and concrete testing; joint connection inspections (including field bolted and welded connections); Masonry, mortar and grout inspections; and pavement testing. All testing must be in accordance with the special testing and inspection schedule as detailed in the project manual. 2007 Street Rehabilitation Program: Soil excavations, materials and compaction testing; concrete sampling and testing; bituminous sampling and testing. All testing must be in accordance with the MnDOT 2007 Schedule of Materials and Testing Control, as the project is using State-Aid funds. Staff requested proposals from three testing companies with the following three bids submitted meeting the proposal request: 1.Braun Intertec: $34,400 2.Stork Twin City Testing: $41,750 3.American Engineering Testing: $41,810 Funding would be provided from the 2007 Street Rehabilitation project 0702 in the amount of $20,220; and from the Liquor Store projects 0751 & 0752 in the amount of $14,080 or $7,040 each. Recommended Motion: Move to accept bids and award contract to Braun Intertec in the amount of $34,300 for construction and testing services for Municipal Liquor Store and 2007 Street Rehabilitation Project; and, furthermore to authorize the Mayor and City manager to enter into a contract for the same. KH:jb COUNCIL ACTION: 32 CITY COUNCIL LETTER Meeting of: 7/9/07 AGENDA SECTION:CITY MANAGER : CONSENT AGENDA ORIGINATING DEPARTMENT NO: PUBLIC WORKS ITEM:BY:BY: RESOLUTION SUPPORTING APPLICATION K. Hansen DATE: FOR 2008 BONDING FOR PEDESTRIAN BRIDGE DATE: 7/3/07 Background: th The City of Columbia Heights has previously applied for funding to replace the pedestrian bridge over Central Avenue at 49 Avenue. The 2007 applications included Federal Funding and Transit for Livable Communities through the Non-motorized Transportation Pilot Program (NTP) grants program. Funding was denied in both cases. Analysis/Conclusions: th Replacement of the pedestrian bridge over TH 65 at 49 Avenue is estimated to cost $3.3 to 3.8 million. The existing bridge is not ADA compliant and is structurally questionable. The City had requested a federal grant for $2.8 million for this project and was rejected. Due to priority ranking of deficient vehicle bridges in the state, Mn/DOT has indicated they would not have funding available for this project. Another eligible funding source would be the State Capital Bonding budget to be considered by the 2008 State Legislature. The State share of the project is limited to 50% of the project cost. A resolution of support is required by the governing body of the applicant, attached herewith for consideration. Staff also recommends continuing submitting grant applications to the following programs: NTP program, Federal Grants, and Safe Routes to School program to lower the cost sharing component of replacing the TH 65 pedestrian bridge. Recommended Motion : Move to waive the reading of Resolution 2007-98, there being ample copies available to the public. Recommended Motion : Move to adopt Resolution 2007-98 supporting an application for the 2008 State of Minnesota Capital th Bonding Bill for Pedestrian Bridge on 49 Avenue over TH 65. Attachment: Resolution 2007-98 KH:jb COUNCIL ACTION: 33 RESOLUTION NO. 2007-98 BEING A RESOLUTION REQUESTING CONSIDERATION AND SUPPORTING AN APPLICATION TO THE STATE OF MINNESOTA FOR 2008 STATE CAPITAL BONDING FOR THE REPLACEMENT OF TH THE TH 65 AND 49 AVENUE PEDESTRIAN BRIDGE WHEREAS, t he City of Columbia Heights desires to remove and reconstruct the pedestrian th bridge over T.H. 65, at 49 Avenue NE; WHEREAS, the improvements will benefit both the City of Columbia Heights, surrounding communities, Columbia Heights School District and the Minnesota Department of Transportation; and WHEREAS , the City of Columbia Heights is committed to securing other federal, state, and local funding to provide full project funding in addition to 2008 State of Minnesota bond funds. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Columbia Heights that the City shall be responsible for the preliminary engineering, project design, and permitting functions of said improvements; and BE IT FURTHER RESOLVED that the project costs of the improvements not funded by 2008 State of Minnesota bonding shall be funded by other Federal, State funding sources and the City of Columbia Heights. Passed this ___ day of _______ 2007 Offered by: Second by: _______________________ Roll call: Council President ______________________ Councilmember Attest: __________________________ Carole Blowers Secretary Pro Tem 34 35 CITY COUNCIL LETTER Meeting of : July 9, 2007 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO:Recreation APPROVAL ITEM: Landing of State Patrol Helicopter at HusetBY: Keith Windschitl BY: Park for Safety Camp on August 15, 2007 Recreation Director NO:DATE: July 3, 2007 BACKGROUND: The Columbia Heights Recreation Department will be offering Safety Camp on August 15, 2007. The Minnesota State Patrol has been requested to conduct a safety awareness program for Safety Camp. This will include the landing and take- off of a Helicopter at Huset Park. To ensure safety of the participants, Anoka County Dispatch will be informed, a perimeter will be created and secured by the Columbia Heights Police Department, the Fire Department will provide support in case of an emergency, and Public Works will ensure that the field is prepared for the landing of the helicopter. RECOMMENDED MOTION: Move to approve the landing/take-off of a Minnesota State Patrol Helicopter during Safety Camp on August 15, 2007 between 2:00 p.m. and 3:00 p.m. at Huset Park. COUNCIL ACTION: 36 37  CITY COUNCIL LETTER Meeting of: July 9, 2007 AGENDA SECTION:ORIGINATING DEPT.: CITY MANAGER NO:License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO:DATE: July 5, 2007 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the July 9, 2007 City Council meeting. This agenda consists of applications for Contractor licenses for 2007. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Motion: Move to approve the items on the business license agenda for July 9, 2007 as presented. COUNCIL ACTION: 38 TO CITY COUNCIL July 9, 2007 *Signed Waiver Form Accompanied Application 2007 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES th BLDG MH Plumbing 6225 277 Ave, Isanti $60 Belair Excavating 2200 Old Hwy 8 NW, New Brighton $60 * *Suburban Air Cond 1290-b Osborne Rd, Fridley $60 *St. Marie Sheet Metal PO Box 32148, Fridley $60 39 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: July 9, 2007 . STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number 121990through 122155 in the amount of $ 2,154,786.26 . These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 40 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: July 9, 2007 AGENDA SECTION: Public Hearing ORIGINATING DEPARTMENT:CITY MANAGER’S NO:Community Development APPROVAL ITEM: 1st Reading: Ordinance 1526, being an BY: Jeff Sargent, City Planner BY: ordinance adopting the permit fee schedule for DATE: June 15, 2007 temporary signs and formally establishing a refund policy. BACKGROUND: On May 29, 2007, the City Council adopted Ordinance 1523, amending the City Code as it relates to temporary signage throughout the City. Ordinance 1523 established the requirement for a permit for the placement of any temporary sign. At this time, staff recommends adopting a permit fee of $20 for the temporary sign permits, to cover the cost of time it would take to process the permit request and enforce the newly created ordinance. RECOMMENDED MOTION : Move to waive the reading of Ordinance No. 1526, being ample copies available to the public. Move to set the second reading of Ordinance No. 1526 for Monday, July 23, 2007, at approximately 7:00 p.m. in the City Council Chambers. Attachments: Draft Ordinance 1526 COUNCIL ACTION  48 DRAFT ORDINANCE 1526 BEING AN ORDINANCE ADOPTING THE PERMIT FEE SCHEDULE FOR TEMPORARY SIGNS AND FORMALLY ESTABLISHING A REFUND POLICY. Section 1. Permit Fees. The issuance of temporary sign permits and the collection of fees shall be as authorized by the Columbia Heights City Council. Therefore, fees for permits will be assessed in the amount of $20.00 per temporary sign permit. Section 2. Effective Date of Ordinance. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: ___________________________________ Gary Peterson, Mayor ____________________________ Patty Muscovitz, City Clerk 49 CITY COUNCIL LETTER Meeting ofJuly 9, 2007 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY FireMANAGER NO:APPROVAL ITEM:Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: June 29, 2007DATE: NO:2007-99 Revocation of the license to operate a rental unit within the City of Columbia Heights is th requested against Shahdi Hossein regarding rental property at 1026 40 Avenue N.E. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No.2007-99, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-99, 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 Shahdi Hossein th regarding rental property at 1026 40 Avenue N.E. COUNCIL ACTION : 50 RESOLUTION 2007-99 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 Shahdi Hossein (Hereinafter "License Holder"). th Whereas, license holder is the legal owner of the real property located at 1026 40 Avenue N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 1, 2007of an public hearing to be held on July 9, 2007. 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 March 5, 2007, inspectors for the City of Columbia Heights, inspected the property described above and noted one violation. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2.That onJune 1, 2007, inspectors for the City of Columbia Heights, reinspected the property and noted one violation remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3.That onJuly 2, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted one violation remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 4.That based upon said records of the Enforcement Office, the following conditions and violations of the City’s Residential Maintenance Code were found to exist, to- wit: a.Shall repair retaining wall that has fallen down in back 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 F8061 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. 51 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this _______ day of _______ 2007 Offered by: Second by: Roll Call: _____________________________ Council President _____________________________ Council Member Attest: ______________________________ Carole Blowers Secretary Pro Tem 52 CITY COUNCIL LETTER Meeting ofJuly 9, 2007 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY FireMANAGER NO:APPROVAL ITEM:Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: June 29, 2007DATE: NO:2007-100 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Ismael Omer regarding rental property at 1336-1338 43 ½ Avenue N.E. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No.2007-100, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-100, 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 Ismael Omer regarding rental property at 1336-1338 43 ½ Avenue N.E. COUNCIL ACTION : 53 RESOLUTION 2007-100 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 Ismael Omer (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1336-1338 43 ½ Avenue N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 19, 2007of an public hearing to be held on July 9, 2007. 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 December 13, 2006 inspectors for the City of Columbia Heights, inspected the property described above and noted seven 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 onJune 19, 2007 inspectors for the City of Columbia Heights, reinspected the property and noted three violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3.That onJuly 2, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted three violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 4.That based upon said records of the Enforcement Office, the following conditions and violations of the City’s Residential Maintenance Code were found to exist, to- wit: a.Shall remove brush piles from the yard b.Shall remove all tree stumps in the yard to within 2-4 inches below ground level c.Shall cut down trees falling over in the yard 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 F8119 is hereby revoked. 54 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this _______ day of _______ 2007 Offered by: Second by: Roll Call: _____________________________ Council President _____________________________ Council Member Attest: ______________________________ Carole Blowers Secretary Pro Tem 55 CITY COUNCIL LETTER Meeting ofJuly 9, 2007 AGENDA SECTION: Resolutions ORIGINATING DEPARTMENT: CITY FireMANAGER NO:APPROVAL ITEM:Adopt Resolution For BY: Gary Gorman BY: Revocation DATE: June 29, 2007DATE: NO:2007-101 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Joe Kollasch regarding rental property at 4644 Washington Street N.E. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No.2007-101, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-101, 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 Joe Kollasch regarding rental property at 4644 Washington Street N.E. COUNCIL ACTION : 56 RESOLUTION 2007-101 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 Joe Kollasch (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4644 Washington Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on June 20, 2007of an public hearing to be held on July 9, 2007. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1.That on May 15, 2007 inspectors for the City of Columbia Heights, inspected the property described above and noted two 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 onJune 20, 2007 inspectors for the City of Columbia Heights, reinspected the property and noted two violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3.That onJune 29, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted two violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 4.That based upon said records of the Enforcement Office, the following conditions and violations of the City’s Residential Maintenance Code were found to exist, to- wit: a.Shall remove the scrub growth in the rear by the fence b.hall remove all/any outside storage from the property 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 F8079B 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. 57 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this _______ day of _______ 2007 Offered by: Second by: Roll Call: _____________________________ Council President _____________________________ Council Member Attest: ______________________________ Carole Blowers Secretary Pro Tem 58 CITY COUNCIL LETTER Meeting ofJuly 9, 2007 AGENDA SECTION: PublicORIGINATING DEPARTMENT: CITY Hearings FireMANAGER NO:APPROVAL ITEM:Adopt Resolution ForBY: Gary Gorman BY: Abatement DATE: July 2, 2007DATE: NO:2007-102 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Kathy Brownregarding property at 5030 Johnson Street N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-102, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-102, a resolution of the City Council of the City of Columbia Heights declaring the property at 5030 Johnson Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION : 59 RESOLUTION 2007-102 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 Kathy Brown (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 5030 Johnson 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 certified mail to the owner of record on June 20, 2007 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1.That on May 15, 2007 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 June 20, 2007 inspectors reinspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3.That on June 29, 2007 inspectors reinspected the property and found that two violations remained uncorrected. 4.That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A.Shall remove all/any outside storage from the property B.Shall remove the two dirt piles in the back yard 5.That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1.That the property located at 5030 Johnson 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. 60 ORDER OF COUNCIL 1.The property located at 5030 Johnson Street N.E. constitutes a nuisance pursuant to City Code. 2.That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this _______ day of _______ 2007 Offered by: Second by: Roll Call: _____________________________ Council President _____________________________ Council Member Attest: ______________________________ Carole Blowers Secretary Pro Tem 61 CITY COUNCIL LETTER Meeting ofJuly 9, 2007 AGENDA SECTION: PublicORIGINATING DEPARTMENT: CITY Hearings FireMANAGER NO:APPROVAL ITEM:Adopt Resolution ForBY: Gary Gorman BY: Abatement DATE: July 2, 2007DATE: NO:2007-103 Declaration of a nuisance and abatement of violations within the City of Columbia th Heights is requested against Patrick Englehartregarding property at 2126 45 Avenue N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-103, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-103, a resolution of the City Council of the City of Columbia Heights declaring the property at 2126 th 45 Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION : 62 RESOLUTION 2007-103 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 Patrick Englehart (Hereinafter "Owner of Record"). th Whereas, the owner of record is the legal owner of the real property located at 2126 45 Avenue N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on June 1, 2007 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 November 28, 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 December 18, 2006 inspectors reinspected the property listed above and found that two violations were corrected and one violation remained uncorrected. A seasonal extension was granted. The property owner was sent a extension letter with the date of the next reinspection. 3.That on June 1, 2007 inspectors reinspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 4.That on July 2, 2007 inspectors reinspected the property and found that one violation remained uncorrected. 5.That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A.Shall repair or replace the deteriorated driveway 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 th 1.That the property located at 2126 45 Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2.That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 63 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 th 1.The property located at 2126 45 Avenue N.E. constitutes a nuisance pursuant to City Code. 2.That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this _______ day of _______ 2007 Offered by: Second by: Roll Call: _____________________________ Council President _____________________________ Council Member Attest: ______________________________ Carole Blowers Secretary Pro Tem 64 CITY COUNCIL LETTER Meeting ofJuly 9, 2007 AGENDA SECTION: PublicORIGINATING DEPARTMENT: CITY Hearings FireMANAGER NO:APPROVAL ITEM:Adopt Resolution ForBY: Gary Gorman BY: Abatement DATE: July 2, 2007DATE: NO:2007-104 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Kenneth F. Evansregarding property at 3720 2 ½ Street N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-104, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-104, a resolution of the City Council of the City of Columbia Heights declaring the property at 3720 2 ½ Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION : 65 RESOLUTION 2007-104 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 Kenneth Evans (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3720 2 ½ 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 certified mail to the owner of record on June 1, 2007 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1.That on June 14, 2006 an inspection was conducted on the property listed above. Inspectors found five violations. A compliance order was sent via regular mail to the owner at the address. 2.That on November 9, 2006 inspectors reinspected the property listed above and found that four violations were corrected and one violation remained uncorrected. A seasonal extension was granted. The property owner was sent a extension letter with the date of the next reinspection. 3.That on June 1, 2007 inspectors reinspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 4.That on July 2, 2007 inspectors reinspected the property and found that one violation remained uncorrected. 5.That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A.Shall scrape/paint the areas on the house where the paint is peeling 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 3720 2 ½ 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. 66 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 3720 2 ½ Street N.E. constitutes a nuisance pursuant to City Code. 2.That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this _______ day of _______ 2007 Offered by: Second by: Roll Call: _____________________________ Council President _____________________________ Council Member Attest: ______________________________ Carole Blowers Secretary Pro Tem 67 CITY COUNCIL LETTER Meeting ofJuly 9, 2007 AGENDA SECTION: PublicORIGINATING DEPARTMENT: CITY Hearings FireMANAGER NO:APPROVAL ITEM:Adopt Resolution ForBY: Gary Gorman BY: Abatement DATE: July 2, 2007DATE: NO:2007-105 Declaration of a nuisance and abatement of violations within the City of Columbia nd Heights is requested against Jeffrey Hansenregarding property at 3724 2 Street N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-105, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-105, a resolution of the City Council of the City of Columbia Heights declaring the property at 3724 nd 2 Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION : 68 RESOLUTION 2007-105 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 Jeffrey Hansen (Hereinafter "Owner of Record"). nd Whereas, the owner of record is the legal owner of the real property located at 3724 2 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 certified mail to the owner of record on June 13, 2007 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1.That on May 8, 2007 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 June 13, 2007 inspectors re-inspected the property listed above. Inspectors noted that three violations remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3.That on July 2, 2007 inspectors reinspected the property and found that one violation remained uncorrected. 4.That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A.Shall repair the damaged stucco on the garage - on the alley 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 nd 1.That the property located at 3724 2 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. 69 ORDER OF COUNCIL nd 1.The property located at 3724 2 Street N.E. constitutes a nuisance pursuant to City Code. 2.That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this _______ day of _______ 2007 Offered by: Second by: Roll Call: _____________________________ Council President _____________________________ Council Member Attest: ______________________________ Carole Blowers Secretary Pro Tem 70 CITY COUNCIL LETTER Meeting ofJuly 9, 2007 AGENDA SECTION: PublicORIGINATING DEPARTMENT: CITY Hearings FireMANAGER NO:APPROVAL ITEM:Adopt Resolution ForBY: Gary Gorman BY: Abatement DATE: June 29, 2007DATE: NO:2007-106 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Anita Steiffregarding property at 4021 Jefferson Street N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-106, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-106, a resolution of the City Council of the City of Columbia Heights declaring the property at 4021 Jefferson Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION : 71 RESOLUTION 2007-106 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 Anita Streiff (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4021 Jefferson 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 certified mail to the owner of record on June 1, 2007 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 March 19, 2007 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 June 1, 2007 inspectors reinspected the property listed above. Inspectors noted that three violations remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3.That on July 2, 2007 inspectors reinspected the property and found that three violations remained uncorrected. 4.That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A.Replace rotted garage fascia boards and paint B.Shall repair hardsurfaced parking in rear near garage off the alley. Asphalt is in poor condition and weeds area growing throughout parking area C.Shall remove all/any vehicles from landscaped areas of the property. Vehicles can only be parked on concrete or asphalt/tar parking pads or driveways 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 4021 Jefferson 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. 72 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 4021 Jefferson Street N.E. constitutes a nuisance pursuant to City Code. 2.That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this _______ day of _______ 2007 Offered by: Second by: Roll Call: _____________________________ Council President _____________________________ Council Member Attest: ______________________________ Carole Blowers Secretary Pro Tem 73 CITY COUNCIL LETTER Meeting ofJuly 9, 2007 AGENDA SECTION: PublicORIGINATING DEPARTMENT: CITY Hearings FireMANAGER NO:APPROVAL ITEM:Adopt Resolution ForBY: Gary Gorman BY: Abatement DATE: June 29, 2007DATE: NO:2007-107 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Bart Madyregarding property at 4329 Main Street N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-107, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-107, a resolution of the City Council of the City of Columbia Heights declaring the property at 4329 Main Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION : 74 RESOLUTION 2007-107 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 Bart Mady (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4329 Main 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 certified mail to the owner of record on June 1, 2007 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 4, 2006 an inspection was conducted on the property listed above. Inspectors found five violations. A compliance order was sent via regular mail to the owner at the address. 2.That on February 6, 2007 inspectors reinspected the property listed above and found that three violations were corrected and two violation remained uncorrected. A seasonal extension was granted. The property owner was sent a extension letter with the date of the next reinspection. 3.That on June 1, 2007 inspectors reinspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 4.That on July 2, 2007 inspectors reinspected the property and found that two violations remained uncorrected. 5.That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A.Shall replace all missing/damaged fascia on the garage B.Shall repair the damaged roof and the damage soffit and the damaged fascia on the building 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 4329 Main 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, 75 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 4329 Main Street N.E. constitutes a nuisance pursuant to City Code. 2.That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this _______ day of _______ 2007 Offered by: Second by: Roll Call: _____________________________ Council President _____________________________ Council Member Attest: ______________________________ Carole Blowers Secretary Pro Tem 76 CITY COUNCIL LETTER Meeting ofJuly 9, 2007 AGENDA SECTION: PublicORIGINATING DEPARTMENT: CITY Hearings FireMANAGER NO:APPROVAL ITEM:Adopt Resolution ForBY: Gary Gorman BY: Abatement DATE: June 29, 2007DATE: NO:2007-108 Declaration of a nuisance and abatement of violations within the City of Columbia nd Heights is requested against Leonardo Campos Garciaregarding property at 3704 2 Street N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-108, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-108, a resolution of the City Council of the City of Columbia Heights declaring the property at 3704 nd 2 Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION : 77 RESOLUTION 2007-108 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 Leonardo Campos Garcia (Hereinafter "Owner of Record"). nd Whereas, the owner of record is the legal owner of the real property located at 3704 2 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 certified mail to the owner of record on June 13, 2007 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1.That on May 8, 2007 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 June 13, 2007 inspectors re-inspected the property listed above. Inspectors noted that three violations remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3.That on July 2, 2007 inspectors reinspected the property and found that three violations remained uncorrected. 4.That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A.Shall replace the missing storm door on the side of the house B.Shall scrape and paint the garage trim C.Shall remove all/any outside storage from the property. 5.That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL nd 1.That the property located at 3704 2 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 78 completed. ORDER OF COUNCIL nd 1.The property located at 3704 2 Street N.E. constitutes a nuisance pursuant to City Code. 2.That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this _______ day of _______ 2007 Offered by: Second by: Roll Call: _____________________________ Council President _____________________________ Council Member Attest: ______________________________ Carole Blowers Secretary Pro Tem 79 CITY COUNCIL LETTER Meeting ofJuly 9, 2007 AGENDA SECTION: PublicORIGINATING DEPARTMENT: CITY Hearings FireMANAGER NO:APPROVAL ITEM:Adopt Resolution ForBY: Gary Gorman BY: Abatement DATE: June 29, 2007DATE: NO:2007-109 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Stephan Miskeregarding property at 1625 Innsbruck Parkway N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-109, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-109, a resolution of the City Council of the City of Columbia Heights declaring the property at 1625 Innsbruck Parkway N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION : 80 RESOLUTION 2007-109 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 Stephan Miske (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1625 Innsbruck Parkway 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 certified mail to the owner of record on June 20, 2007 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1.That on May 15, 2007 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 June 20, 2007 inspectors reinspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3.That on June 29, 2007 inspectors reinspected the property and found that one violation remained uncorrected. 4.That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A.Shall remove all/any outside storage from the property. 5.That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1.That the property located at 1625 Innsbruck Parkway 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. 81 ORDER OF COUNCIL 1.The property located at 1625 Innsbruck Parkway N.E. constitutes a nuisance pursuant to City Code. 2.That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this _______ day of _______ 2007 Offered by: Second by: Roll Call: _____________________________ Council President _____________________________ Council Member Attest: ______________________________ Carole Blowers Secretary Pro Tem 82 CITY COUNCIL LETTER Meeting ofJuly 9, 2007 AGENDA SECTION: PublicORIGINATING DEPARTMENT: CITY Hearings FireMANAGER NO:APPROVAL ITEM:Adopt Resolution ForBY: Gary Gorman BY: Abatement DATE: June 29, 2007DATE: NO:2007-110 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Patrick Bradyregarding property at 4236 Madison Street N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-110, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-110, a resolution of the City Council of the City of Columbia Heights declaring the property at 4236 Madison Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION : 83 RESOLUTION 2007-110 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 Patrick Brady (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4236 Madison 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 certified mail to the owner of record on June 1, 2007 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 1, 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 February 6, 2007 inspectors reinspected the property listed above and found that one violation was corrected and two violations remained uncorrected. A seasonal extension was granted. The property owner was sent a extension letter with the date of the next reinspection. 3.That on June 1, 2007 inspectors reinspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 4.That on July 2, 2007 inspectors reinspected the property and found that one violation remained uncorrected. 5.That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A.Replace rotted siding on garage and paint 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 4236 Madison 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. 84 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1.The property located at 4236 Madison Street N.E. constitutes a nuisance pursuant to City Code. 2.That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this _______ day of _______ 2007 Offered by: Second by: Roll Call: _____________________________ Council President _____________________________ Council Member Attest: ______________________________ Carole Blowers Secretary Pro Tem 85 CITY COUNCIL LETTER Meeting ofJuly 9, 2007 AGENDA SECTION: PublicORIGINATING DEPARTMENT: CITY Hearings FireMANAGER NO:APPROVAL ITEM:Adopt Resolution ForBY: Gary Gorman BY: Abatement DATE: June 29, 2007DATE: NO:2007-111 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Beverly Schaeferregarding property at 1870 Fairway Drive N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-111, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-111, a resolution of the City Council of the City of Columbia Heights declaring the property at 1870 Fairway Drive N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION : 86 RESOLUTION 2007-111 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 Beverly Schaefer (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1870 Fairway Drive 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 certified mail to the owner of record on June 1, 2007 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1.That on June 8, 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 November 20, 2006 inspectors reinspected the property listed above and found that five violations were corrected and one violation remained uncorrected. A seasonal extension was granted. The property owner was sent a extension letter with the date of the next reinspection. 3.That on June 1, 2007 inspectors reinspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 4.That on July 2, 2007 inspectors reinspected the property and found that one violation remained uncorrected. 5.That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A.Shall scrape and paint the peeling paint on the fascia and soffit 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 1870 Fairway Drive 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. 87 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 1870 Fairway Drive N.E. constitutes a nuisance pursuant to City Code. 2.That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this _______ day of _______ 2007 Offered by: Second by: Roll Call: _____________________________ Council President _____________________________ Council Member Attest: ______________________________ Carole Blowers Secretary Pro Tem 88 CITY COUNCIL LETTER Meeting ofJuly 9, 2007 AGENDA SECTION: PublicORIGINATING DEPARTMENT: CITY Hearings FireMANAGER NO:APPROVAL ITEM:Adopt Resolution ForBY: Gary Gorman BY: Abatement DATE: June 29, 2007DATE: NO:2007-112 Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Robin & Bethany Strombergregarding property at 2314 Maiden Lane N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-112, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-112, a resolution of the City Council of the City of Columbia Heights declaring the property at 2314 Maiden Lane N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION : 89 RESOLUTION 2007-112 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 Robin Stromberg (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 2314 Maiden 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 certified mail to the owner of record on June 14, 2007 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1.That on May 9, 2007 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 June 14, 2007 inspectors reinspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3.That on July 2, 2007 inspectors reinspected the property and found that one violation remained uncorrected. 4.That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A.Shall install a hard surface driveway OR an approved landscaping material in front of the garage where there is no driveway 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 2314 Maiden 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. 90 ORDER OF COUNCIL 1.The property located at 2314 Maiden Lane N.E. constitutes a nuisance pursuant to City Code. 2.That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this _______ day of _______ 2007 Offered by: Second by: Roll Call: _____________________________ Council President _____________________________ Council Member Attest: ______________________________ Carole Blowers Secretary Pro Tem 91 CITY COUNCIL LETTER Meeting ofJuly 9, 2007 AGENDA SECTION: PublicORIGINATING DEPARTMENT: CITY Hearings FireMANAGER NO:APPROVAL ITEM:Adopt Resolution ForBY: Gary Gorman BY: Abatement DATE: June 29, 2007DATE: NO:2007-113 Declaration of a nuisance and abatement of violations within the City of Columbia th Heights is requested against Roy & Pamela Villaregarding property at 4149 7 Street N.E. for failure to meet the requirements of the Residential Maintenance Code. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 2007-113, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2007-113, a resolution of the City Council of the City of Columbia Heights declaring the property at 4149 th 7 Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. COUNCIL ACTION : 92 RESOLUTION 2007-113 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 Roy & Pamela Villa (Hereinafter "Owner of Record"). th Whereas, the owner of record is the legal owner of the real property located at 4149 7 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 certified mail to the owner of record on June 1, 2007 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1.That on September 1, 2006 an inspection was conducted on the property listed above. Inspectors found eleven violations. A compliance order was sent via regular mail to the owner at the address. 2.That on February 1, 2007 inspectors reinspected the property listed above and noted that three violations were corrected and eight violations remained uncorrected. A seasonal extension letter was mailed to all interested parties listed for that parcel. 3.That on June 1, 2007 inspectors re-inspected the property listed above. Inspectors noted that five violations remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 4.That on July 2, 2007 inspectors reinspected the property and found that five violations remained uncorrected. 5.That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A.Shall repair all/any damaged windows on the structure B.Shall seal, stain, paint all bare wood around the basement egress window on the south side of the house C.Shall repair the damaged gutters on the south side of the house D.The fallen tree has damaged the house. Shall repair the house to current code E.Shall have a qualified, licensed electrician repair the electrical service to the house 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 th 1.That the property located at 4149 7 Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 93 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 th 1.The property located at 4149 7 Street N.E. constitutes a nuisance pursuant to City Code. 2.That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this _______ day of _______ 2007 Offered by: Second by: Roll Call: _____________________________ Council President _____________________________ Council Member Attest: ______________________________ Carole Blowers Secretary Pro Tem 94 CITY COUNCIL LETTER MEETING OF: JULY 9, 2007 AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPT: CITY MANAGER NO: FINANCE APPROVAL ITEM: ORDINANCE PROVIDING FOR THE BY: WILLIAM ELRITE BY: ISSUANCE AND SALE OF APPROXIMATELY $1,000,000 GENERAL DATE: JULY 3, 2007 OBLIGATION IMPROVEMENT AND STREET REHABILITATION BONDS, SERIES 2007A NO: Attached is the ordinance drafted by Steve Bubul of Kennedy & Graven for the sale of approximately $1,000,000 in G.O. Improvement and Street Rehabilitation Bonds. Mark Ruff of Ehlers & Associates will be rd available at the meeting on July 23 to explain this in more depth. RECOMMENDED MOTION: Move to waive reading of the Ordinance No. 1527 there being ample copies available to the public. RECOMMENDED MOTION: Move to schedule July 23, 2007 at approximately 7:00 p.m. in the City Council Chambers for the second reading of Ordinance No. 1527 being an ordinance providing for the issuance and sale of approximately $1,000,000 General Obligation Improvement and Street Rehabilitation Bonds, Series 2007A. WE:sms 0707031COUNCIL Attachment: Ordinance 1527 COUNCIL ACTION: 95 ORDINANCE NO. 1527 ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF APPROXIMATELY $1,000,000 GENERAL OBLIGATION IMPROVEMENT AND STREET REHABILITATION BONDS, SERIES 2007A THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN: 1. It is hereby determined that: (a) The City has duly ordered the assessable public improvements designated as the Street Rehabilitation Program 07-02 (the “Assessed Improvements”) pursuant to the provisions of Minnesota Statutes, Chapter 429 (the “Act”). (b) The City further plans, to undertake future portions of the Street Rehabilitation Program designated as 08-02 and 09-02 (“Future Improvements”). (c) It is necessary and expedient to the sound financial management of the affairs of the City to issue its General Obligation Improvement and Street Rehabilitation Bonds, Series 2007A (the “Bonds”) in a principal amount not to exceed $1,000,000, pursuant to the Act and the City Charter to provide financing for the Assessed Improvements and the Future Improvements. 2. Ehlers & Associates, as financial advisor to the City, is authorized to negotiate the sale of the Bonds in the maximum principal amount specified in Section 1(b), in accordance with terms of proposal approved by the City Finance Director. The City Council will meet on August 27, 2007 or such other date specified by the City Manager in accordance with the City Charter, to consider the sale of the Bonds and take any other appropriate action with respect to the Bonds. 3. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: July 9, 2007 Second Reading: Offered By: Seconded By: Roll Call: Date of Passage: Council President Councilmember Attest: Carole Blowers Secretary Pro Tem 96