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HomeMy WebLinkAbout06/27/11 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, JUNE 27, 2011 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, June 27, 2011 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL /INVOCATION Invocation by the Pastor of the Church of All Nations. Present: Mayor Peterson, Council member Williams, Council member Nawrocki, Council member Schmitt Excused absence: Council member Diehm PLEDGE OF ALLEGIANCE - recited ADDITIONS /DELETIONS TO MEETING AGENDA Peterson added Resolution 2011 -56, parking restrictions under 7A1. Fehst stated he wished to add for consideration Resolution 2011- 55 adopting ten standard performance measures to allow a survey of the public. Peterson added this as item 7A2. Nawrocki stated that he had several items under presentations and under the Manager's report. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Presentation Community Partnership Grant - award of check to Police & Fire Departments Tom Posterick, CenterPoint Energy representative, presented the Council with a Community Partnership Grant, in the amount of $2,500, for local Police and Fire Departments to leverage funds supporting projects important to our community such as flashlights, stabilization cribbing, and defibrillators. Assistant Fire Chief John Larkin described how a stabilizing crib assists in a rescue. He thanked them for their support. Chief Scott Nadeau also offered his thanks for this public /private partnership. He indicated the advantage of having defibrillators in police vehicles. Motion by Nawrocki, second by Schmitt, to authorize acceptance of the Community Partnership Grant check in the amount of $2,500 from CenterPoint Energy for police and fire purposes. Upon vote: All ayes. Motion carried. Nawrocki referred to CenterPoint's change in billing according to the amount of gas used by the cubic foot, which increased his bill considerably. Posterick stated the billing was presented to the Public Utilities Commission for their approval. He referred him to the correct people to speak to on this concern. Peterson stated that his bill is cheap compared to propane or electric. He appreciates the help given by CenterPoint to make our job a little easier. Miscellaneous Nawrocki submitted a check for his meal at the city picnic, plus paid $1 for the cup of coffee at the bridge opening ceremony. Peterson stated that Councilmember Nawrocki reads more into the original motion than was intended, but thanked him for his contribution. City Council Minutes Monday, June 27, 2011 Page 2 of 11 Nawrocki stated that he attended the recent League of MN Cities conference, as did Council member Schmitt. He had brochures available on public purpose expenditures, data practices, and personnel matters. Peterson stated we received a very complete report from Council member Schmitt. She brought back pins stating "1 Love My City ". He thanked her. CONSENT AGENDA Nawrocki requested to remove items C and E. Schmitt requested to remove item D. City Manager Walt Fehst took Council members through the remaining consent agenda items. A. Approve minutes of the June 13, 2011 City Council meeting Motion to approve the minutes of the June 13, 2011 City Council meeting. B. Accept Board and Commission meeting minutes Motion to accept the April 27, 2001 minutes of the Park and Recreation Commission. C. Adopt Resolution 2011 -34 being a Resolution establishing a list of public nuisances for immediate abatement — removed D. Adopt Resolution 2011 -44, being a Resolution adopting the Statement of Interest in All - Hazardous Mitigation Planning with Anoka County - removed E. Distribution of the 2010 Comprehensive Annual Financial Report and the Independent Auditors' Reports - removed F. Approval of attached list of rental housing license applications. Motion to approve the items listed for rental housing license applications for June 27, 2011 in that they have met the requirements of the Property Maintenance Code. G. Approve Business License Applications Motion to approve the items as listed on the business license agenda for June 27, 2011 as presented. H. Review payment of the bills Motion that in accordance with MN Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 139340 through 139526 in the amount of $3,078,375.28. Motion by Schmitt, second by Williams, to approve the Consent Agenda items with the exception of items C, D, and E. Upon vote: All ayes. Motion carried. C. Adopt Resolution 2011 -34 being a Resolution establishing a list of public nuisances for immediate abatement Motion by Williams, second by Schmitt, to waive the reading of Resolution No. 2011 -34, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to adopt Resolution No. 2011 -34, being a Resolution establishing a list of public nuisances for immediate abatement. Nawrocki stated that Asst. Fire Chief Larkin distributed a memo to clarify the changes. He questioned permits being required for driveways, with no fee. Peterson stated that the property line setback was relaxed from 5 feet to 3 feet. Jim Hoeft, City Attorney, stated that is not relevant City Council Minutes Monday, June 27, 2011 Page 3 of 11 to this resolution. The nuisance list has not changed, but only clarifies where the nuisances for abatement are located in the City Code. Nawrocki requested information on driveway permits. Schmitt suggested changing the wording to include recycling to recycling materials and composting to compositing materials. Larkin stated this does not change the ordinance, but is a housekeeping issue to tie Chapter Four with Chapter Eight in the City Code. Hoeft stated this could be done at a separate time. Schmitt stated the need for consistency. Upon vote: All ayes. Motion carried. D. Adopt Resolution 2011 -44, being a Resolution adopting the Statement of Interest in All - Hazardous Mitigation Planning with Anoka County Motion by Williams, second by Schmitt, to waive the reading of Resolution No. 2011 -44, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to adopt Resolution 2011-44, adopting the Statement of Interest in All- Hazard Mitigation Planning with Anoka County. Schmitt stated she tabled this at the last meeting to obtain clarification on what we are approving. This document is very outdated. Who will update this? Larkin stated this is an Anoka County plan that we are part of to make us eligible for funding in cases of disaster. The county is in the process of updating the plan. This resolution allows us to stay involved in the update of the mitigation plan. Schmitt asked if any city is withdrawing. Larkin stated no. Upon vote: All ayes. Motion carried. E. Distribution of the 2010 Comprehensive Annual Financial Report and the Independent Auditors' Reports Peterson stated this is to recognize receipt of the audit report and the attendance of the auditor at the July 25 meeting. Nawrocki indicated his disapproval of the request for questions prior to that meeting. He indicated the need for a presentation prior to a council meeting. He questioned why the presentation was put off for a month. He stated he will have questions and does not expect to put them all in writing. Presentations pick out items to make the city sound good. We should have a good understanding of these documents. Peterson stated we have had this discussion in the past and worked through it, four of the five council members feel it is a good presentation. Ground work can be done by meeting with the Finance Director. Fehst stated we will spend as much time with Council member Nawrocki, the Auditor, and Finance Director as he wishes. Fehst stated that the presentation format was changed to a council meeting at Council member Nawrocki's request. Schmitt asked the name of the auditor. Peterson stated Tautges Redpath. Motion by Williams, second by Schmitt, to recognize that the 2010 Comprehensive Annual Financial Report for the City of Columbia Heights including the Independent Auditors' Report, and Management Letters from HLB Tautges Redpath Ltd., were distributed to council members on June 27, 2011, and to schedule a presentation by the City's Auditor for the July 25, 2011 City Council meeting. City Council Minutes Monday, June 27, 2011 Page 4 of 11 Motion to amend by Nawrocki to meet with the auditor prior to the July 25 council meeting. Schmitt asked if there would be a July work session. Fehst stated there would not be a July 5 work session for lack of a quorum. Nawrocki asked when the budget would be presented. Kloiber stated that the auditor has a very busy schedule and did he did not know at what point another meeting could be scheduled. Peterson called for a second to the amendment. Motion died for lack of a second. Upon vote of the original motion: Schmitt, aye; Williams, aye; Nawrocki, abstain; Peterson, aye. 4 ayes — 1 nay. Motion carried. Schmitt stated that the Finance Director and Auditor are available for email questions. PUBLIC HEARINGS A. Adopt Resolutions 2011 -048, 4056 -58 5th Street N.E., 2011 -049, 4721 University Avenue N.E., 2011 -050, 4911 University Avenue N.E., 2011 -051, 1206 -08 Circle Terrace Blvd. N.E., 2011- 052, 1218 -20 Circle Terrace Blvd. N.E., 2011 -053, 1356 -58 Circle Terrace Blvd. N.E., and 2011 -054, 2215 45th Avenue N.E. being Resolutions of the City Council of the City of Columbia Heights approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Larkin stated that the only resolution left unresolved was Resolution 2011 -49 for 4721 University Avenue. They have not submitted their application, paid the fees, or scheduled an inspection. David Garid stated the background of the property, indicating it is was an investment property which was to be rehabbed. The owner can not be reached and the home has been burglarized. He stated he has contacted the police, but nothing has been resolved. Larkin stated that Garid is not the registered owner and we have not been able to contact the owner. A significant amount of time has been allowed to resolve these problems. Hoeft stated this is a civil dispute between the owner and fee owner. Peterson stated this property is substandard and will be handled as a revocation. Motion by Williams, second by Schmitt, to close the public hearing and to waive the reading of Resolution Numbers 2011 -049, being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to adopt Resolution Numbers 2011 -049 being Resolutions 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 listed. Upon vote: All ayes. Motion carried. B. Adopt Resolutions 2011 -045, 1428 42nd Avenue N.E., 2011 -046, 4346 6th Street N.E., and 2011 -047, 4859 6th Street N.E. being declarations of nuisance and abatement of violations within the City of Columbia Heights. Larkin stated 1428 42 1th Avenue has a hazardous tree, 4346 6th Street has structural damage and a sink hole, and 4859 6th Street needs soffit and fascia repairs. Motion by Williams, second by Schmitt, to close the public hearing and to waive the reading of Resolution Numbers 2011 -045, 046, and 047 there being ample copies available to the public. City Council Minutes Monday, June 27, 2011 Page 5 of 11 Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to adopt Resolution Numbers 2011 -045, 046, and 047 being Resolutions of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions - 7A1. Adopt Resolution 2011 -56, being a Resolution to restrict parking on Hart Boulevard from 37 Avenue to 39 Avenue. to construct trail and restrict parking Motion by Williams, second by Schmitt, to waive the reading of Resolution 2011 -56, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Schmitt, to adopt Resolution 2011 -56, being a Resolution to restrict parking on Hart Boulevard from 37 °i Avenue to 39 Avenue. Schmitt questioned if adjacent property owners have given their opinion on this. Peterson stated they are part of the project and should be aware of it. There is very little parking on this street. Fehst stated this would quiet traffic and move the bike path away from the water. Kathy Young, Assistant City Engineer, stated this follow up comes from the Council request to use Municipal State Aid funds for the work. MNDOT will not approve the project unless this resolution is approved and submitted. This will narrow the street and restricting parking to one side of the street. Peterson stated that the adjacent property, the Light House, has their own parking and there are no homes affected by this parking restriction. Upon vote: All ayes. Motion carried. 7A2. Adopt Resolution 2011 -55, being a Resolution to adopt the ten standard performance measures developed by the Council on Local Results and Innovation. Fehst suggested discussion of a resolution regarding Legislature levy limits and approving a survey of ten performance standards. The measures were set by a commission and the concern was for misuse of inforuation regarding inner ring and outer ring cities. The law provides that if the city adopts the standards, allowing for a survey of the public on how service is provided, we could ask for an exception to the levy limits. We would have to meet the standards. There are no limits yet. Many cities are now considering this. Fehst spoke of the previous two public surveys conducted in our community. The survey of 400 residents cost $11,000, found the city to be doing a good job. The other survey was in conjunction with the schools regarding a community center. Fehst described the services in question and what the city has accomplished in these areas. He suggested we participate. Up to $2,500 will be contributed for the survey. Cities have discussed working together to keep the cost down. Schmitt asked what number of people would have to be surveyed. Fehst referred to internet surveys, but it must be determined if they are statistically valid. Decision Resources does a good job, but would cost about $5,000. If you ask 300 random people it has a ten percent accuracy rate. If you ask 400 people it is a five percent accuracy rate. It will require work on our part, so if you are not interested please tell us. Schmitt asked if they would allow Survey Monkey to do this. Fehst stated it is being discussed, but it must be city specific. City Council Minutes Monday, June 27, 2011 Page 6 of I 1 Nawrocki stated he gets a sampling from people on what we do every day and it is not good. A survey could be good, but we have no idea on the cost. He is not in favor of saying we would not have levy limits. Even with the increases we have had, we have still stayed within the levy limits. Kloiber stated the decision to participate will be an annual decision and for 2011 the method to collect the information has not been determined; only what the ten questions must be. It could be more expensive next year when the benchmarks are given. Schmitt started that staff that could set up the survey on Survey Monkey. She stated that she was in favor of doing the cheapest survey we can do at this point. Kloiber stated that our IT personnel have set up such an internal survey. Schmitt indicated that people might not answer a phone number they do not know or no longer have a home phone. Fehst stated that we have lived with levy limits for many years, but surveying the public is a good idea. Nawrocki stated that the questions on the sheet are reasonable questions. He suggested the survey be through our newsletter or the utility bills, but that would only go to property owners. Nawrocki suggested finding out if the State will allow extra time to conduct the survey. Schmitt stated that she does not like the concept of levy limits where the state can put a limit on our tax level, but also does not like to escalate our taxes. Kloiber stated that at this point there are not levy limits. If the State paired levy limits with a reduction of State Aid, there would be difficult decisions to be made. Nawrocki gave the history on levy limits. He stated that the authority to levy property tax comes from the State. Fehst stated that which governs best, governs least, and if you can handle this at a local level, it should be done that way. Fehst referred to our reduction in State Aid. He stated that more information would be placed on the next agenda. B. Bid Considerations - none C. New Business and Reports - none ADMINISTRATIVE REPORTS Report of the City Manager Nawrocki asked for budget and annual financial report information to be placed in the next newsletter. Fehst stated we could have an article on the budget time frame. Nawrocki requested to know the cost for one person to attend the community picnic. He questioned what the response was to the parking closures at Huset Park for the parade. Report of the City Attorney — nothing to report CITIZENS FORUM Peterson stated that the Jamboree celebration received very positive comments. He listed many of the events that took place. The parade was a little shorter than in the past, but it was a huge success. The ribbon cutting ceremony on the new pedestrian bridge also went well. The fireworks were great, though a few ashes fell into the crowd, which will be discussed. Our Police, Fire, and Recreation Departments all did a great job. We appreciate the work they do for this event and the Lions Club for sponsoring their 56" Jamboree. Thank you for this tradition. Peterson: Don't forget our service men and women; keep them in your thoughts and prayers. Don't take yourself too seriously, and do a random act of kindness. City Council Minutes Monday, June 27, 2011 Page 7 of 11 ADJOURNMENT Mayor Peterson adjourned the meeting at 8:40 p.m. .e' 0 L.AA - 4, - N e icia Muscovitz MC City k RESOLUTION NO. 2011-34 BEING A RESOLUTION IDENTIFYING PUBLIC NUISANCES FOR IMMEDIATE ABATEMENT WHEREAS, The Columbia Heights City Code of 2005 establishes Chapter 8. Article 2 entitled "Public Nuisances"; and WHEREAS, a Public Nuisance is defined as a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public; and WHEREAS, City Code allows for the abatement of those nuisances that the City Council, by Resolution, specifically identify as situations in which an immediate abatement shall occur. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Columbia Heights adopts these public nuisances for immediate abatement. NUISANCE CITY CODE Garbage and rubbish Chapter 8, Article 3 Chapter 4, Article 7 Garbage containers / dumpsters Chapter 8, Article 3 Chapter 4, Article 7 Chapter 5A, Article 2 Appliances / Electronics Chapter 8, Article 3 Chapter 4, Article 7 State Statute 609.675 Recycling Chapter 8, Article 3 Chapter 4, Article 7 Hazardous materials State Statute 609.671 Yard waste Chapter 8, Article 3 Chapter 4, Article 7 Chapter 5A, Article 2 Composting Chapter 8, Article3 Long grass and weeds Chapter 4, Article 2 Chapter 5A, Article 2 Fire wood Chapter 5A, Article 2 Outside storage Chapter 5A, Article 2 Sidewalks, parking & driveway hazards Chapter 5A, Article 2 Pets / animals Chapter 5A, Article 2 Junk vehicles Chapter 7, Article 2 Chapter 5A, Article 2 Parking on landscape Chapter 5A, Article 2 Public nuisances Chapter 8, Article 2 Section 8.202 (A), (D), (E), (F), (G), (H), �I and Section 8.204 (A), (C), (F), (H), (I), (J), (L), (M), (N), (0), (P), (Q), ( (T) City Council Minutes Monday, June 27, 2011 Page 8 of 11 RESOLUTION NO. 2011 -44 BEING A RESOLUTION APPROVING THE CITY'S PARTICIPATION IN THE ALL - HAZARD MITIGATION PLANNING PROCESS Statement of Interest in All- Hazard Mitigation Planning City of Columbia Heights As a potential participant in the Hazard Mitigation Assistance Program, the City of Columbia Heights, Minnesota hereby states their interest in participating in the multi- jurisdictional Anoka County A11- Hazard Mitigation Plan. After FEMA funding approval and during the planning implementation, the City of Columbia Heights, Minnesota agrees to participate in the hazard mitigation planning process. As signed, we understand this is a voluntary program and our participation may benefit our jurisdiction by identifying hazards and prioritizing potential projects to mitigate the effects of natural hazards. RESOLUTION 2011 -049 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 Islam Essa (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4721 University Ave 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 25, 2011of a public hearing to be held on June 27, 2011. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about March 4, 2011 inspection office staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rental inspection for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on May 25, 2011 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to -wit: Failure to schedule a rental property inspection and failure to submit rental application and fees. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by License number U4721 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 45 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2011 -045 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 LeDora Hankton (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 1428 42nd Ave NE, Columbia Heights, City Council Minutes Monday, June 27, 2011 Page 9 of 11 Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article 11, 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 June 2, 2011. 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 30, 2010 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 3, 2010 inspectors re- inspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on August 31, 2010 an extension was granted. 4. That on June 1, 2011 inspectors re- inspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 5. That on June 16, 2017 inspectors re- inspected the property and found that the 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 remove the very large dead cottonwood that is in the backyard. It is a hazard to the structure located at 1421 Circle Terrace Blvd. 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 1. That the property located at 1428 42n Ave N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 1428 42 Ave N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2011 -046 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 BAC Tax Services Corp (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4346 6 St NE. 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 May 11, 2011. 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 3, 2011 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on May 11, 2011 inspectors re- inspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on June 16, 2011 inspectors re- inspected the property and found that violations remained uncorrected. City Council Minutes Monday, June 27, 2011 Page 10of 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall repair the sink -hole at the southeast corner of the garage and shall repair the deck that is sinking. 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 4346 6th 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 4346 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. RESOLUTION 2011 -047 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 Jill K. Potter (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4859 6th St NE. 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 May 19, 2011 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 13, 2011 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on May 19, 2011 inspectors re- inspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on June 15, 2011 inspectors re- inspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall scrape and paint wherever there is peeling paint on the structure. All trim on the porch. 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 4859 6th 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 4859 6th 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. RESOLUTION 2011 -56 BEING A RESOLUTION RELATING TO PARKING RESTRICTIONS HART BOULEVARD FROM 37 AVENUE TO 39 AVENUE IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA. City Council Minutes Monday, June 27, 2011 Page 11 of I I WHEREAS, THIS RESOLUTION was passed this 27 day of June, 2011, by the City of Columbia Heights in Anoka County, Minnesota. The Municipal Corporation shall hereinafter be called the "City ". WHEREAS, the "City" has ordered the improvement of Hart Boulevard Trail from 37 Avenue to 39` Avenue in the City of Columbia Heights, Minnesota; and WHEREAS, the "City" will be expending Municipal State Aid Funds for the construction of this trail and adjacent curb and gutter, and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street; and approval of the proposed construction must therefore be conditioned upon certain parking restrictions. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS: That the "City" shall ban the parking of motor vehicles on west side of Hart Boulevard from 315 feet to 770 feet north of the centerline of 37"' Avenue and on both sides of Hart Boulevard from 150 feet south of the centerline of 30 Avenue to 39"' Avenue.