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HomeMy WebLinkAboutAugust 13, 2007OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING AUGUST 13, 2007 The following are the minutes of the regular meeting of the City Council held at 7:00 p.m. on Monday, August 13, 2007 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Walt Fehst, City Manager, 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 Item F -Resolution No. 2007-138 and Item L -Resolution No. 2007- 144, as these properties have been brought into compliance. Peterson added under New Business - C 1 Approval of Buetow and Associates, Inc. for Public Safety Building Pre-design Services. Nawrocki requested discussion on the Activity Center. Peterson placed this under C2. PROCLAMATIONS, PRESENTATION, RECOGNITION, GUESTS Peterson recognized that there were 40 National Night Out parties in our community, comprised of large, diverse groups. Resident Jeff Morrelle, U.S. Army, and several associates brought an Army truck and Hummer to show the children. Peterson thanked them for attending the parties and for serving our country. CONSENT AGENDA Fehst took Councilinembers through the Consent Agenda items. A. Approve meeting minutes for Columbia Heights City Council meetin og f July 23, 2007, and the special City Council meetin og f 3uly 30, 2007, as presented Motion to approve meeting minutes for regular City Council meeting of July 23, 2007 as presented. Motion to approve meeting minutes for special City Council meeting of July 30, 2007 as presented. B. Accept Board and Commission meeting minutes Motion to accept the minutes of the following boards/commissions: 1 } Minutes of the July 19, 2007, Charter Commission meeting 2) Minutes of the May 14, 2007 Economic Development Authority 3} Minutes of the March 27, 2007 Economic Development Authority 4} Minutes from the Planning & Zoning Commission Meeting of August 8, 2007. C. Acknowledge closed Executive Session of Monday, July 30, 2007, at approximately 6:00 ~.m. for the purpose of conducting a performance review of the Cit~ger City Council Minutes Monday, August 13, 2007 Page 2 of 17 D. Approve transfer of funds from General Fund to Police Department-Drub Task Force Motion to transfer $1,200, the amount of money received from Anoka County as partial reimbursement for overtime worked by our member in the Anoka/Hennepin Drug Task Force, for the second quarter of 2007 from the General Fund to the Police Department 2007 Budget line #1020 Overtime. E. Approve transfer of funds from General Fund to Police Department--Operation Nite Cap Motion to transfer $4,083.19, the amount of money received from the State of Minnesota for our efforts in the Operation Nite Cap program for May and June 2007 from the General Fund to the Police Department budget line #1020 Overtime. F. Approval of the reissue of rental. housing license to Michelle Parson to overate rental nrobertv located at 4226 4th Street N.E. Motion to issue arental-housing license to Michelle Parson to operate the rental property located at 4226 4th Street N.E. in that the provisions of the residential maintenance code have been complied with. G. Adopt Resolution 2007-1.46, being a Resolution re ag rding the City Manager's compensation - removed H. Approval of the attached list of rental housing license applications Motion to approve the items listed for rental housing license applications for August 13, 2007. I. Approve Business License Applications Motion to approve the items on the business license agenda for August 13, 2007, as presented. J. Approve payment of bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 122350 through Check Number 122586 in the amount of $3,911,384.82. Motion by Diehm, second by Williams, to approve the Consent Agenda items, with the exception of item G. Upon vote: All ayes. Motion carried. G. Adopt Resolution 2007-146, being a Resolution re ag rdin the City Manager°s compensation - Nawrocki stated that the City Manager, like all other employees, received an increase for 2006 and 2007, and this proposes to give him another 10 percent. His salary, plus deferred compensation, is $110,531.00. A ten percent increase would be over $10,000. This is not fair to other employees. Nawrocki read City Manager salaries of like size metro communities and cities with populations of 20,000 to 25,000 that he obtained from the League of Minnesota Cities survey. At his present salary, the Manager is above those in cities our size. There is no justification for change. The Council letter incorrectly stated this was a consensus at the work session. It was a performance review and salary was not part of the discussion. Nawrocki stated that Williams indicated an adjustment would be in order, but other council members did not comment. Williams stated that he called for this review, as it had been two years since the last review. He indicated that Fehst is doing an excellent jab. He also has no retirement other than the deferred compensation we give him. Fehst stated that he is below the Public Works Director in raw salary by aver $100. Williams stated that Fehst is an honorable man and deserves this. Fehst thanked the City Council Minutes Monday, August 13, 2007 Page 3 of 17 Council members for the review, and indicated he has never asked for an increase above cost of living and twice council's have given him a raise. Fehst stated that the survey he conducted indicates he is substantially below similar cities. Williams stated that he is impressed with job the Manager has done. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2007-146, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2007-146, being a resolution regarding the City Manager's compensation. Nawrocki stated that prior retirement compensation was the manager's choice. The city agreed to pay for ICMA or PERA. This compensation does not reflect the substantial car allowance he receives. Nawrocki emphasized that this is not fair to other employees. Fehst stated that other employees are in a step plan, which he does not have. Nawrocki stated that the Manager started at the top of the manager's salary range of $72,000 and after six months was given about a $3,000 increase. Williams called the question. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - nay. Motion carried. RESOLUTION NO.2007-146 RESOLUTION REGARDING THE CITY MANAGER'S COMPENSATION WHEREAS, on July 30, 2007, the City Council conducted a performance evaluation of City Manager, Walter Fehst, and WHEREAS, as a result, a 10% compensation adjustment is recommended. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights does hereby make the following modification to the City Manager's amiual compensation, effective January 1, 2007: Salary increase from $102,531 to $112,784 Increased Deferred Compensation by 10%: $800 additional Miscellaneous Presentation Paul Ike, Columbia Heights Past Office eiT~ployee, spoke of the charity softball game tomorrow evening against the Columbia Heights Police and Fire Departments and then a combined team of those departments against the Tri-City Legion U18 fast pitch softball team. This is the fifth year for the event, with food and cash donations going to our local SACA food shelf. The series is tied, two games to two. Last year $400 and a lot of food was donated to SACA. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions Adopt Resolution 2007-134, Approving the 2008 Business License Fees Peterson stated this is a renewal for 2008. Motion by Nawrocki, second by Diehm., to waive the reading of Resolution No. 2007-134, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution #2007-134 being a Resolution adopting the 2008 Business License Fee Schedule as presented. Upon vote: All ayes. Motion carried. uESOL~T1oN No. aao7-134 ADOPTING 2008 BUSINESS LICENSE FEE SCHEDULE City Council Minutes Monday, August 13, 2007 Page 4 of 17 WHEREAS: City Code of 2005, pertaining to commercial licensing regulations provides for the establishment of annual license fees; and WHEREAS: The City has participated in a survey of met ropolitan municipalities regarding business license fees charged by other communities; and WHEREAS: The City is attempting to maintain business license fees which are comparable to other communities; and WHEREAS: The City annually reviews its business licen se fee schedule and has concluded that our fees are comparable to other communities in the metro area; WHEREAS: The following fees were proposed: 2008 BUSINESS LICENSE FEES Etfective January i, 2008 through December 31, 2008. CATEGORY FEES ARTICLE SECTION Arcades/Amusement Centers ($5,000 Bond/$100 Inv.Fee) (PD) $500 IV 11 Auto Recycling Dealer/Junk Yard $500 II 2 ($ 1000 Bond) PD,FD, ZA Beer Sales (PD, BI, Ft) V 1 On Sale ($150 Inv. Fee 1st time appl.) $400 Ott Sale ($150 Inv. Fee 1st time appl. $150 Temporary Beer (per day basis) $100 ($500 Appl. Fee; $150 Investigation Fee) Carnivals ($500 deposit & insurance) (PD) $50/day IV 8 Chrisnnas Tree Sales (FI) (P&Z Comm} $50 II 6 ($200 Clean-up Deposit) Cigarettes/Tobacco Sales (S&H) $300 III 2 Contractors (Bond and Insurance) $60 IV 7 General (if not licensed by State) $60 Blacktop $60 Excavator $60 Masonry/Concrete $60 Moving $60 Demolition $60 Plaster/Stucco $60 Heating/Cooling $60 Gas Piping $60 Plumbing $60 Sign Installation $60 Courtesy Benches (Insurance)(Eng. Dept.) $25/each 111 3 Games Of Skill (PD} $15/Location IV 4 Kennels, Convnercial (PD) Plus, per cage lntnxi~atina 1 igi~nr CaIPC IPTS FT, _RIl Class A (Inv. Fee $500-$2000) Class B (lnv. Fee $500-$2000} Class C (Inv. Fee $500-$2000) Class D (Inv. Fee $500-$2000) Class E (Inv. Fee $500-$2000) On Sale Wine (Inv. Fee $500-$2000) Sunday On-Sale Liquor Temporary On Sale (Inv. Fee $500-$2000) "Club On Sale Liquor (Inv. Fee$500-$2000) up to 200 members 201 to 500 members 501 to 1,000 members 1,001 to 2,000 members 2,001 to 4,000 members 4,01)1 to 6,000 members Over 6,000 members Massage Therapist Business (PD,ZA} ($250 Investigation Fee) Massage Therapy, Individual (PD, ZA) ($250 Investigation Fee} Motor Vehicle Fuel Dispensing Stations (FI) First Metering Device Each Add"1. Metering Device Plus $ 15/machine $50 $]0 $ 8,000 $6,500 $6,500 $8,000 $5,500 $2,000 $200 $100!day Per membership $ 300 $ 500 $ 650 $ 800 $1,000 $2,()00 $3,000 $500 VI V V V V V V V V VI $100 VI I1 $50 $10 3 3 3 3 4 6 10 2 I2 12 City Council Minutes Monday, August 13, 2007 Page 5 of 17 L.P. Gas Per Metering Device $50 Motor Vehicle Rental/Leasing (ZA} VI A. New Application $75 B. Renewal Application $50 Motor Vehicle Sales (New & Used} (PD} $300 II Pawnbroker ($5,000 Bond/$100 Inv.Fee) (PD) $12,000 II Pet Shop (PD)(Humane Officer) $50 VI Pool/Billiard Hall ($100 Inv. Fee} (PD) $100 IV Popcorn, Candy, Food Catering Vehicles (PD} $50 VI (Insurance - Public & Vehicle Liability} Precious Metal Dealers ($5,000 Bond)(PD} II ($100 Investigation Fee) New Applicant $300 Renewal $200 Secondhand Merchant Business ($5,000 Bond) $100 II (Investigation Fee $100) (PD, FI, Bl) Exhibition/Convention/Shows/Expos($5,000 Bond) II First Day $50 Each Additional Day $ ] 0 Sexually Oriented/Adult Business (PD,FI,ZA,AC) $10,000 VI (Investigation Fee $500-$10,000) Peddlers/Solicitors & Transient Merchant ('PD} II A. Itinerant Hawker/Peddler $50/day; $100hno. ; $500/yr. B. Transient Merchant $50/day; $100/mo. ; $500/yr. Tree Removal & Treatment (Ins.) (PWD} $60 VI LATE PENALTY ON ALL ANNUALLY RENEWABLE FEES 1 - I S DAYS LATE 25% PENALTY OVER ORI GINAL FEE 16-30 DAYS LATE 50% PENALTY OVER ORI GINAL FEE OVER 30 DAYS LATE LEGAL PROCEDURES BEGUN. DEPARTMENTS RESPONSIBLE FOR APPROVAL OF LICENSE 13 10 PD - Police Department FI - Fire Department BI - Building Inspector PWD - Public Works Dept S&H - Safety and Health Inspector CF - City Forester ZA - Zoning Administrator AC - Anoka County Ali New Licenses Must Have Zoning Administrator's Approval. NOW', THEREFORE BE IT RESOLVED that the proposed license fee schedule be adopted and effective 3anuary 1, 2008. Other Business Approval of Buetow and Associates Fehst stated the RFP far Public Safety Building pre-design services were sent to eight firms, with seven responses received. The lowest proposal, Buetow and Associates, had the best background for this type of work. Fehst listed their qualifications and other public safety buildings they have designed. The process is to be complete by November 1, 2007. Based on our proposal far 47th and Central Avenues, the fee would be $9,950. Flyers were handed out at National Night Out parties and the need for a public safety facility was presented to residents, indicating this might add $100 to $200 on their annual tax. Residents did not raise any issues with this. Only one person indicated that is prime commercial property and should be considered for that. Fehst stated this facility could enhance commercial. property sales. 1Vlotion by Diehm, second by Kelzenberg, to approve Buetow and Associates, Inc. to provide the City of Columbia Heights Public Safety Building Pre-design Services. Nawrocki referred to comments from the last meeting regarding not hiring low bidders. He questioned if the RFP was advertised. Fehst stated that notice was sent to eight firms with specific experience. Nawrocki stated that he was left out of the interview process, where he has vast experience in knowing what to look for in a consultant. Nawrocki requested a copy of the contract. He indicated he has received resident concerns that this will disrupt plans for an City Council Minutes Monday, August 13, 2007 Page 6 of 17 activity center. He is not supportive of a combined facility; the existing police space should be used for the fire department. The activity center should be looked at as part of a police facility. Nawrocki indicated that a brochure being distributed has the incorrect contact number for him. He stated concern that his calls were being screened. National Night Out residents questioned this action. Williams indicated his apprehension of this getting ahead of the activity center and questioned if that committee is aware of the proposal. Fehst stated that he spoke to about half of the members and they were supportive of this concept. They may be disappointed if priorities change. Considerations include additional gyms at NEI, with the public service center, or at the high school. Kelzenberg stated that an ACCAC member requested their committee meet with the public safety service center sub-committee. Kelzenberg suggested this be scheduled. Williams stated that the scope of the activity center is large and we would need a unified community to support it. Peterson indicated that we are trying to catch up with things the community is lacking. It was indicated to the companies interviewed that we may consider additions such as gyms, running track, etc. All options are open. Peterson stated that he would like to see both projects accomplished, and would be happy to meet with the activity center group. Peterson stated that he has spoken to the new Superintendent of Schools and will continue to work with her. Williams stated that ACCAC had eliminated the site on 47t". He stated that we need everyone to be united and indicated concern that this would split the groups. Fehst stated that looking at this does not limit our options. Nawrocki questioned a bill from a second facility tour. Peterson indicated that the bill referred to was from the first tour. Nawrocki stated that we should heed the public input lesson learned by the City of New Brighton. Fehst referred to the activity center committee and stated that they considered this a prime site, but felt it would be too expensive and take too long to obtain the property, Fehct invited rPSidPr~ts to tour Ot?r br?ildi_ngs and view the space needs. Nawrocki suggested expanding City Hall as an alternative. Deb Johnson, 4626 Pierce Street, stated she is thrilled about the safety center proposal. As for public input, this has been discussed far about three months with updates given at council meetings. If people have an opinion, they have had the opportunity to attend these meetings and express it. As for an activity center not considering this site, it was a matter of not being able to use eminent domain to obtain the property. Tim Utz, SS6 40t~ Avenue, stated that he emaiied 'his position to Council members. Not everyone is excited about this location. We agree these facilities need to be updated. To split city services to squelch crime and problems will not work, it will just move to another area. This money could be better spent on the existing property. Having it here would help Murzyn Hall attract more customers. He stated concern that we will spend this much an pre-design and only consider one location. He favored spending a few more thousand dollars and researching other locations. City Council Minutes Monday, August 13, 2007 Page 7 of 17 Nawrocki indicated consideration must be given to where the funds would come from. Community Development staff have estimated $15,000,000 for a facility in that area. Fehst stated it could be expensive, but we must determine the area needs. Nawrocki pointed out the activity center estimated costs of $8 to $20 million. We would need to discuss how to finance these items. Upon vote: Kelzenberg, aye; Williams, nay; Diehm, aye; Nawrocki, nay; Peterson, aye. 3 Ayes - 2 Nays. Motion carried. Nawrocki questioned if there was a cap on the proposal. Fehst stated he could get him that information. Diehm indicated that the subcommittee has been looking at financing. TIF Districts that are coming to an end. could have funds earmarked to help with the costs. Fehst stated that the Medtronic district is closed out. Diehm stated that funding could be determined through. the process. Peterson asked the City Manager to set a meeting with ACCAC and the subcommittee co- chairs. Nawrocki referred to his review of the activity center questionnaire. Of the 75 respondents, comments were split regarding funding. On general comments, there were 28 no, 25 yes and 15 with snore questions. He felt people have a lot of indecision on what we should be doing. PUBLIC HEARINGS A. Adopt Resolution 2007-133 and First Reading of Ordinance 1529, re ag_rding Approval of a Comprehensive Plan Amendment/Rezonin og f Property at 4800 Block of Central Avenue City Planner Jeff Sargent, indicated staff recommends a Comprehensive Plan Amendment and rezoning of the property at the 4800 block of Central Avenue. The area was rezoned to allow anticipated hotel development. Such a proposal. is no longer anticipated. The Planning and Zoning Commission recommends a return to the origina12003 zoning to keep the existing businesses the same as other commercially zoned property on Central Avenue. Motion by Dielnn, second by Kelzenberg, to waive the reading of Resolution 2007-133, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2007-133, approving a Comprehensive Plan Amendment to re-guide a specific area of land from. "Transit Oriented Development" to "Commercial", for those properties located at 4849 Central Avenue, 481.1 Central Avenue, 4801. Central Avenue, 4757 Central Avenue and 4755 Central Avenue. Upon vote: All ayes. Motion carried. Motion by Diehm; second by Kelzenberg, to waive the reading of Ordinance No. 1529, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to set the second reading of Ordinance Na. 1529 for the rezoning of the properties located at 4849 Central Avenue, 4811 Central Avenue, 4801 Central Avenue, 4757 Central Avenue and 4755 Central Avenue from "Mixed Use Development District" to "C'reneral Business", for Monday, August 27, 2007 at approximately City Council Minutes Monday, August 13, 2007 Page 8 of 17 7:00 p.m. in the City Council Chambers. Nawrocki asked if property owners were notified. Sargent stated they were properly notified in the newspaper. Fehst stated they were also notified by mail. Upon vote: All ayes. Motion carried. RESOLUTION 2007-133 A RESOLUTION PERTAINING TO A COMPREHENSIVE PLAN AMENDMENT FOR THE PROPERTY LOCATED AT 4755, 4757, 4801, 48I i AND 4849 CENTRAL AVENUE, IN THE CITY OF COLUMBIA HEIGHTS. WHEREAS, the City of Columbia Heights has indicated the former K-Mart site as a specific area in the City to focus redevelopment efforts on in an attempt to beautify the City and encourage positive growth; and WHEREAS, the redevelopment in this area will not include parcels of land originally intended on being redeveloped; and WHEREAS, the City of Columbia Heights recognizes that the "Transit Oriented Development" land use designation of the subject property in the Comprehensive Plan allows the flexibility and mixture of neighborhood service-oriented development and varying densities of residential development not required on the subject parcels; and WHEREAS, the current development is consistent with the description of the Commercial District; and WHEREAS, the Comprehensive Plan Amendment supports other policies of the Metropolitan Council such as reinvestment/redevelopment, planning pedestrian and bicycle connections between workplaces, residences, retail and services, and supporting a healthy living environment; and WHEREAS, the City's approval of the Comprehensive Plan amendment for the subject property is contingent on Metropolitan Council review and the amendment will be sent to the Metropolitan Council accordingly; and BE IT FURTHER RESOLVED that the Planning and Zoning Commission conducted a public hearing to review the Comprehensive Plan Amendment and recommends approval of the proposed amendment changing the land use designation for the subject properties from Transit Oriented Development to Commercial. B. Second Reading of Ordinance #1528 being and Ordinance adopting the MN State Building Code Motion by Kelzenberg, second by Diehm, to waive the reading of Ordinance #1528, there being ample copies available to the public. Upon vote: fill ayes. Motion carried. Mohan by Kelzenberg, second by Diehm, to adopt Ordinance #1528, being an Ordinance a'Ymending(~Ord/i~nance #1456~,y/TCity(~Code of 2005, relating to adopting the MN State Building p iVd 4. V~pVll V~Vte. l ill a;'~V J. 1~1Vt~lln tarr~vd• ORDINANCE NO. 1528 BEING AN ORDINANCE AMENDING ORDINANCE #1456, CITY CODE OF 2005, RELATING TO ADOPTING THE MN STATE BUILDING CODE The City of Columbia Heights does ordain: Article II: Construction Codes, Section 6.201 of the Columbia Heights City Code, is hereby amended to read as follows: (A) Codes ad~ted by reference. The Minnesota State Building Code, as adopted by the Co~mnissioner of Labor and Industry pursuant to Minnesota Statutes Chapter 16B.59 to 16 B.75, including all of the amendments, rules and regulations established, adopted and published fiom time to time by the Minnesota Commissioner of Labor & Industry, through the Building Codes and Standards Unit is hereby adopted by reference with the exception of the optional chapters, unless specifically adopted in this Ordinance. The Minnesota State Building Code is hereby incorporated in this ordinance as if fully set out herein. (B) Angiication, Administration, and Enforcement. (1) The application, administration, and enforcement of the code shall be in accordance with Minnesota State Building Code. The Bode shall be enforced within the extraterritorial limits permitted by Minnesata Statutes, 16B.62, subdivision 1, as it may be amended from time to time, when so estabhsl~ed by this ordinance. (2) The code enforcement agency of the City of Columbia Heights is called the Protective Inspections Deparhnent. (3} This code shall be enforced by the Minnesota Certified Building Official designated by the City of Columbia Heights to administer the Cade (Minnesata Statute 16B.65, Subdivision }, as it may be amended from time to time}. (C} Pernits and Fees. (I) T11e issuance of permits and the collection affees shall be as authorized in Minnesata Statutes, 16B.62, subdivision 1, as it nay be amended from time to tune. City Council Minutes Monday, August 13, 2007 Page 9 of 17 (2) Permit fees shall be assessed for work governed by this code in accordance with the fee schedule adopted by the City by Ordinance. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minnesota Statute 16B.70, as it may be amended from time to time. (D} Violations and Penalties. A violation of the code is a misdemeanor (Minnesota Statutes 16B.64, as it may be amended from time to time). (E) Building Code Optional Chapters. (I) The Minnesota State Building Code, established pursuant to Minnesota Statutes I6B.59 to 16B.75 allows the Municipality to adopt by reference and enforce certain optional chapters of the most current edition of the Minnesota State Building Code. (2) The following optional provisions identified in the most current edition of the State Building Code are hereby adopted and incorporated as part of the building code for this municipality. (a) Chapter 1306 (b) Appendix J (F) Effective date of Ordinance. This Ordinance shall be in full force and effect September 12, 2007, after its passage. C. Adopt Resolution No. 2007-135 being a Resolution for abatement of violations at 4929 Sth Street N.E. Fire Chief Gary Gorman stated this is a vacant property with four outstanding violations. Mayor Petersen asked if there was anyone present regarding this property. There was not. Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2007-135, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Nawrocki, to adopt Resolution. No. 2007-135, a resolution of the City Council of the City of Columbia Heights declaring the property at 4929 5th Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2007-135 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Reina Bojorquez (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4929 5'h Street N.E. Columbia Heights, Minnesota.. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article I1, 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 July 19, 2"v07 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 29, 2007 an inspection was conducted on the property listed above. Inspectors found four violations. A compliance order was sent via regular mail to the owner at the address. 2. That on July 19, 2007 inspectors reinspecaed the property listed above. Inspectors noted that four 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 August 3, 2007 inspectors reinspected the property and found that four violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove all areas of scrub growth -along the north side of the property, along the fence; Shall cut doEVn!rerno~~e the tall grass along the alley; Shall repair or remove the fence on the northeast lido of the property that has bare; rotted wood; 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 4929 S~' 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 City Council Minutes Monday, August 13, 2007 Page 10 of 17 1. The property located at 4929 5`h 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. D. Adopt Resolution No. 2007-136 being a Resolution for abatement of violations at 4625-4633 Tyler Street N.E. Gorman stated these are the boarded up town homes on Tyler. VVe had the first floor boarded up, but there were break-ins on the second floor so we had them boarded up on an emergency abatement. Mayor Peterson asked if there was anyone present regarding this property. There was not. Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2007-136, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2007-136, a resolution of the City Council of the City of Columbia Heights declaring the property at 4625 Tyler Street N.E. and at 4633 Tyler Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2007-136 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Salah Farghaly (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4625-4633 Tyler Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia. Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail. to the owner of record on July 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 July 3, 2007 the Fire Chief was notified that the buildings located at 4625 and 4633 Tyler Street had been broken into and was unsecured. Due to the City of Columbia Heights having no contact information for a responsible person for the property to order the openings into the building be secured, the Fire Chief ordered the immediate abatement of the open windows on the buildings. That on July 3, 2007 the Fire Department hired a contractor to board up all/any open and broken ea~indrnhic nn the ctnirhirec, 2. That on July 30, 2007 notices were sent to the owner via regular and certified mail at the address listed on tile. 3. That based upon said records of the Fire Deparnnent, the following conditions and violations of City Codcs(s} were found to exist and have been abated, to wit: Secured the units on building to prevent unauthorized access. 4. That all parties, including the owner of record and any occupants or Tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B}. CONCLUSIONS OF COUNCIL 1. That the property located at 4625 and 4633 Tyler Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4625 and 4633 Tyler Street N.E. constitutes a nuisance pursuant to City Code. 2. "That a copy of this order shall be served upon aIl relevant parties and parties in interest. E. Adopt Resolution No. 2007-137 beint; a Resolution for abatement of violations at 1348-1350 44-1/2 Avenue N.E. Gorman stated this property is occupied. The tree stumps were not removed by today, as promised. City Council Minutes Monday, August 13, 2007 Page l l of 17 Mayor Peterson asked if there was anyone present regarding this property. There was not. Mohan by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2007-137, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2007-137, a resolution of the City Council of the City of Columbia Heights declaring the property at 1348-1350 44 Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2007-137 Resolution of the City Council for the City of Colmnbia 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 Francisco Lopez (Hereinafter "Owner of Record"}. Whereas, the owner of record is the legal owner of the real property located at ]348-1350 44 %x 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 eauncii action contained herein was sent via certified mail to the owner of record on July d6, 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 i 2, 2007 an inspection was conducted on the property listed above. Inspectors found four violations. A compliance order was sent via regular mail to the owner at the address. 2. That on July 16, 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 August 2, 2007 inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Deparhnent, the following conditions and violations of City Codes(s) were found to exist, to wit: Sha11 remove the dead tree(s) (tree stmnps) from the east side of 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 1348-1350 44 '/z Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That al] 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 134$-1350 44 '/ Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. F. Adopt Resolution No. 2007-138 beinh a Resolution for abatement of violations at 1016 44th Avenue N.E. -Removed G. Adopt Resolution No. 2007-139 being a Resolution for abatement of violations at 3709 Main Street N.E. Garman. stated this property has one violation remaining. The Assistant Chief talked to tl~e owner and was promised the door would be repaired by today, but it was not. Mayor Peterson asked if there was anyone present regarding this property. There was not. Mohan by Williams, second. by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2007-139, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Cit*y> Council Minutes Monday, August 13, 2007 Page I2 of 17 Motion by Williams, second by Kelzenberg, to adapt Resolution No. 2007-139, a resolution of the City Council of the City of Columbia Heights declaring the property at 3709 Main Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Cade section 8.206. Upon vote: All ayes. Motion. carried. RESOLUTION 2007-139 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 $, Article II, of City Code, of the property owned by Lynus Grady (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3709 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 July 19, 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 13, 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 July 19, 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 August 3, 2007 inspectors reinspected the property and found that one violation remained unconrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall repair or replace the rotting service door on the garage 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and $.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 3709 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, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL I . The property located at 3709 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. H. Adopt Resolution No 2007-140 bein:; a Resolution for abatement of violations at 3906 Tyler Street N.E. Garman stated this property has two violations: property numbers and landscape parking. Mayor Peterson asked if there was anyone present regarding this property. There was not. Motion by Williams, second by Diehln, to close the public hearing and to waive the reading of Resolution No. 2007-140, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehrn, to adopt Resolution No. 2007- i 40, a resolution of the City Council of the City of Columbia Heights declaring the property at 3906 Tyler Street N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section. 8.206. Upon vote: A11 ayes. otion carried. RESOLUTION 2007-140 Resolution of the City Council for the City of Columbia Heights dee(aring the property a nuisance and approving abatement of ordinance viotatians pursuant to Chapter 8, Article II, of City Code, of the property owned by Ben Kuchta (Hereinafter "Owner of Record"}. City Council Minutes Monday, August 13, 2007 Page 13 of 17 Whereas, the owner of record is the legal owner of the real property located at 3906 Tyler Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article lI, 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 July 11, 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 5, 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 July 11, 2007 inspectors reinspected the property listed above. Inspectars 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 August 1, 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: Shall install address numbers in the following location(s) - IN THE REAR and shall remove all/any vehicles from landscaped areas of 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 3906 Tyler Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case nay be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 3906 Tyler Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. I. Adopt Resolution No 2007-141 being a Resolution for abatement of violations at 572 38th Avenue N.E. Gorman stated this abatement is for no display of address numbers. We spoke to a real estate company regarding this. The mortgage company has not approved any work on the property. Mayor Peterson asked if there was anyone present regarding this property. There was not. Motion by Diehm, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2007-141, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Nawrocki, to adopt Resolution No. 2007-141, a resolution of the City Council of the City of Columbia Heights declaring the property at 572 38th Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2007-141 Resolution of the City Counci} for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article I1, of City Code, of the property owned by Kurt Kunze (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 572 38"' Avenue N.E., Columbia Heights, Minnesata. And whereas, pursuant to Columbia Heights Cade, Chapter 8, Article Il, 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 July 17, 2007 Now, therefore, in accordance with the foregoing, and. ali ordinances and regulations of the City of Calumbia Heights, the City Council of the City of Columbia Heights snakes the following: FINDINGS OF FACT 1. That on June 12, 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. City Council. Minutes Monday, August 13, 2007 Page 14 of 17 2. That on July l 1, 2007 inspectors reinspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statemenC of cause was mailed via certified and regular mail to the owner listed in the property records. 3. That on August 1, 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 install address numbers in the following location(s) - IN THE REAR 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 572 38`" 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 ati 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 572 38`h 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. J. Adopt Resolution. No. 2007-142 being a Resolution for abatement of violations at 4066 Reservoir Boulevard N.E. Gorman stated the property is vacant with five violations on the exterior. Mayor Peterson asked if there was anyone present regarding this property. There was not. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution No. 2007-142, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2007-142, a resolution of the City Council of the City of Columbia Heights declaring the property at 4066 Reservoir Blvd. N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: A11 ayes. Motion carried. RESOLUTION 2007-142 Resolution of the Ciry Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article Il, of City Code, of the property owned by William Legg (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner ~f the real property located at 4066 Reservoir Boulevard N.E., Colmnbia 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 Che owner of record on July 16, 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 12, 2007 an inspection was conducted on the property listed above. Inspectors found five violations. A compliance order was sent via regular wail to the owner at the address. 2. That on July 16, 2007 inspectors reinspected the property listed above. Inspectors noted that five violations remained nficorrected. A compliance order and statement of cause was mailed via ccrtified and regular mail to the o•,vner listed in the property records. 3. That on August 1, 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: 511a11 remove the brush piles from the yard, several throughout the yard, shall repairlreplace the deteriorating retaining walls a}ong both driveways, shall clean the gutters in the rear of the property that are overflowing with debris, shall secure the shed in the rear of the property that is unsecured, shall remove all/any outside storage from the property. 5. That all parties, including the owner c>f 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 ln•operty located at 4066 Reservoir Boulevard N.E. is in violation of the provisions of the Columbia Heights City Council Minutes Monday, August 13, 2007 Page 15 of 17 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 l . The property located at 4066 Reservoir Boulevard N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. K. Adopt Resolution No. 2007-143 being a Resolution for abatement of violations at 961 Gould Avenue N.E Gorman stated this abatement is for outside storage on the property and there has been no contact from the owner. Mayor Peterson asked if there was anyone present regarding this property. There was not. Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of Resolution No. 2007-143, there being ample copies available to the public. Upon vote: A11 ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2007-143, a resolution of the City Council of the City of Columbia Heights declaring the property at 961 Gould Avenue N.E. a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. RESOLUTION 2007-143 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 properly owned by Kevin Hlivka (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 961 Gould Avenue N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section $.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 July 12, 2007 Now, therefore, in accordance with the foregoing, and ail 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 28, 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 July 12, 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 August 2, 2007 inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Deparnnent, 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 properly located at 961 Gould Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That al} applicable rights and periods of appeal as relating to the owner of record, occupant, ar tenant, as the ease may be, Have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 961 Gould 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. City Council Minutes Monday, August 13, 2007 Page 16 of 17 L. Adopt Resolution No. 2007-144 being a resolution for rental housing license revocation at 2215 45th Avenue N.E. -removed M. Adopt Resolution No. 2007-145 bein~a resolution for rental housing license revocation at 4919-4921 Jackson Street N.E. Gorman stated the property has two violations -outside storage and fire damage to stucco, soffit and facia. Mayor Peterson asked if there was anyone present regarding this property. There was not. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution No. 2007-145, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2007-145, Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental license held by Beatriz Martinez- Escobar regarding rental property at 4919-4921 Jackson Street N.E. Upon vote: All ayes. Motion carried. Miscellaneous Nawrocki stated that 4644 Washington was brought forward for abatement and is messier than ever. Gorman stated he would check the property. Nawrocki stated he received a call regarding 4515 and 4517 Fillmore because there is a pile of trash and TV's, and an apple tree with apples rotting on the ground and in the street. The Captain told hitn they could do nothing about the apples. The trash got picked up today, but the TVs are still there. Is it true that we can not do anything about the apples. Gorman questioned where would we draw the line. Would we do something about Cottonwood trees? We can't take care of things falling off trees. It is a sad situation when people can't clean up things like rotten apples. There is nothing regarding this in our City Code. Nawrocki asked if he should tell the neighbors that. Fehst and aim Hoeft, City Attorney, stated yes. Peterson stated that he also reported this property. The owner is an absentee landlord. Peterson suggested he receive a harsh letter. Peterson indicated that he is far tougher laws on this. Gorman stated that he would not know what to send the letter regarding. Hoeft stated that we have athree-strike ordinance. We have an underlining ordinance through the Police Department, but a city department should not send a letter regarding the way they are treating a neighbor. Peterson questioned if we could sweep the street. Gorman stated that we do regular street sweeping. Peterson suggested it be done now. Gorman stated the three-strike rule is based on conduct, not maintenance issues. In a new version of the ordinance, which Minneapolis now has, any owner that loses their rental license more than two times, would lose all of his licenses for five years. Hoeft indicated there are time limitations with that. Fehst stated that we would send a letter suggesting they cut the tree down ar cleaning up the apples to be a good citizen. INISTRATIVE REPORTS Report of the City Manager ® Work session -Monday, August 20 to review the Sullivan bake Park Plan and Silver Lake city Councii Minutes Monday, August 13, 2007 Page 17 of 17 Beach Plan. There will be a summary of change orders for the liquor stores. • Referred to crime free/drug free regulations for HUD homes that would compel owners to put this in their tenant's contract. This will come before Councilmembers shortly. • There will be a resolution soon regarding acceptance of $75,000 from Mrs. Wargo. There is a request fora 25 year maintenance agreement on Wargo Park. • Referred to agreement for seven cable TV shows addressed to the minorities in our community to integrate theirs by understanding of how we do our business. They would begin in early fall. • We have looked at an agreement with CGI, for six one minute videos for the web. It is a free service. We submit a letter referring local businesses to advertise on the site. The U.S. Conference of Mayors is co-sponsoring this action. Other cities using the service were listed. Peterson indicated he had just been advised of sever weather moving into the area and suggested the meeting end. Nawrocki questioned what would be different on our web site. Fehst stated that one minute videos of our city would be added. Nawrocki referred to a letter from the Tilkens at 3975 Johnson, questioning why they were included in the Ulysses road project. Fehst stated that they disagreed with our response giving them a bit of relief, but we will meet theirs again tomorrow. Peterson stated that we are addressing the issue. Nawrocki stated that he asked for more information on the proposed budget and Truth and Taxation meeting in the City newsletter. Fehst indicated information was added. An officer entered the room and indicated a tornado warning was issued for this area. Peterson stated that the sirens are being sounded. He adjourned the meeting at 8:54 p.m. and asked e~~eryn~;e t,~ g~ to t13e a;~nergen~y shelter nn tl,e ln~n~er le~rel of ('ity Hall_ ~~`~ Patricia Muscovitz, CMC City Clerk