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HomeMy WebLinkAboutFebruary 12, 1996OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 12, 1996 CALL TO ORDER The Council Meeting was called to order at 7:00 p.m. by Mayor Sturdevant. Jones, Jolly, Ruettimann, Peterson, Sturdevant - present PLEDGE OF ALLEGIANCE Se ~DDITIONS/DELETIONS TO MEETING AGENDA There were no additions nor deletions to the Council agenda.' CONSENT AGENDA There was a request to remove the item approving assistance in recruitment/selection of the new City Manager. Motion by Jolly, second by Peterson to approve the following items on the Consent Agenda: Adopt Minutes of the Regular City Council Meetina The Council adopted the minutes of the January 22, 1996 Regular Council Meeting as presented and there were no corrections. Authorization to do Request For Proposal for Automatic Meter ~eading System The Council authorized the Mayor and City Manager to do a formal Request For Proposal for an automatic meter reading system. Authorization to Seek Ouotes to Reroof Prestemon Park Building The Council authorized staff to seek quotes to insulate and retool Prestemon Park Building. ~uthorization to Seek Bids to Replace Five Street Lights on 40th Avenue The Council authorized staff to seek bids to furnish and install five poles and lights on 40th Avenue. REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 2 Authorization to Seek Ouotes to Reroof Sullivan Lake Park Shelter The Council authorized staff to seek quotes to remove the existing asphalt shingle roof and install a standing seam metal roof system. Appoint Gary Peterson as City Council President The Council appointed Councilmember Gary Peterson as Council President for 1996. Approve Subordination Agreement with Metro Assemblies The Council authorized the Mayor and City Manager to enter into the Subordination Agreement between City of Columbia Heights, Columbia Heights Economic Development Authority and Northeast State Bank regarding the contract for private redevelopment with Robert and Priscilla Barnick d/b/a/ Metro Assemblies. ~stablish Public Hearing Date of March 11~ 1996 Regarding CDBG Funding The Council established March 11, 1996 at approximately 7:15 p.m. as the date and time for the public hearing in regards to the request to transfer CDBG Funding Accounts. License ADDlications The Council approved the 1996 license applications as listed upon payment of proper fees and the rental property licenses as listed on the memorandum from Lowell DeMars dated February 12, 1996. Payment of Bills The Council approved the payment of bills as listed out of proper funds. Roll call: Ail ayes Approve Assistance in Recruitment/Selection of a New City Manager Kerry Ashmore, publisher of the Northeaster Newspaper, requested this item be removed from the Consent Agenda for further discussion. REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 3 e Mr. Ashmore expressed his concern with the process being employed bymembers of the City Council for interviews of City Manager candidates. He was of the opinion that this process virtually shut out any interested parties and/or the public and could possibly be a violation of the Open Meeting law. It was his suggestion that the process be amended to accommodate public participation. The City Attorney noted that members of the City Council shared their thoughts regarding the candidates at a Council work session which is an open meeting. He did not feel the spirit of the Open Meeting law was being violated nor circumvented. Mr. Ashmore stated that he felt the meetings with individual councilmembers and each candidate are not good public policy as the public will not be in a position to know what transpired at these one-on-one meetings since they will be conducted simultaneously. Councilmember Peterson felt this one-on-one type of meeting was very helpful when it was used for the last City Manager candidate interviews. He invited anyone who may be interested to attend his meetings with the candidates. Mr. Ashmore thanked the Council for the opportunity to speak. Motion by Ruettimann, second by Peterson to authorize the Mayor and Acting City Manager to enter into an agreement with the Brimeyer Group, Inc. for assistance in recruitment and selection of a new City Manager as outlined in the proposal dated January 24, 1996 at a cost of $12,000 plus expenses. Roll call: Ail ayes ~C0GNITIQN. PROCLAMATIONS. PRESENTATIONS. GUESTS a. Values First Proclamation Mayor Sturdevant read the proclamation designating February as Values First Citizenship Month. b. Representative Carlson Representative Carlson advised members of the Council of his intentions to keep them apprised of any bills which may affect the City. Me also noted that the Values First Program will be recognized by the Legislature as to its effectiveness. REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 4 7. PUBLIC HEARINGS a./b. Public Hearings At the January 8, 1996 Council meeting, the public hearings for eight rental buildings licensed byLynde Investments were continued to the February 12, 1996 Council meeting. The purpose of continuing the hearings was to allow time for the legal counsel for the license holder to review the City's Housing Maintenance Code and to provide an opportunity for reinspection of the eight properties. Four other rental buildings licensed to Lynde Investments were also scheduled for public hearing at this meeting and were scheduled for inspections. Inspection Officer Gorman reviewed the inspection reports from inspections done on February 8, 1996 and February 12, 1996. Some violations still remain. All re-inspection fees are also due. Discussion continued regarding the nature of the outstanding violations and the timetable for correcting them. Mr. Rozman, one of the partners of Lynde Investments, stated he needed thirty days to correct all of the violations with the exception of the installation of solid core doors in all of the buildings. He requested a twenty-four month timeframe to comply with the solid core door requirement. He uses some of the stored hot water heaters for parts and is hesitant to have them removed as requested during the winter months. Mr. Rozman advised he does not intend to pay $3,000 in re- inspection fees. His legal counsel stated he will confer with the Fire Chief or the Assistant Fire Chief regarding the fees. Some tenants and tenant representatives gave the history of their experience with this landlord and various properties owned by Lynde Investments. Legal counsel of three tenants made a statement relative to the hearing notice received by them. Motion by Peterson, second by Ruettimann to continue the hearing on all of the Lynde Investment properties until the March 11, 1996 Council Meeting to accommodate reinspection of outstanding violations, to draft a timetable for installation of all of the required solid core doors, to allow for payment of re-inspection fees and to receive a letter from a master plumber which addresses the discussed concerns. Roll call: Ruettimann, Peterson - aye Jones, Jolly, Sturdevant - nay Motion fails. REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 5 Motion by Jolly, second by Jones to close the public hearings for properties licensed byLynde Investments at the following addresses: 4120 4th Street, 4433 University Avenue, 4425 University Avenue, 4441 University Avenue, 4707 University Avenue, 4715 University Avenue, 4100 4th Street and 4060 4th Street. Roll call: Jones, Jolly, Sturdevant - aye Ruettimann, Peterson - nay Resolution No. 9~-Q7 Being a Resolution Approving RevQcation of the Rental License Held by Lynde Investments Regarding Rental Property at 4120 4th Street Motion by Sturdevant, second by Jolly to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 96-07 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.405(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY LYNDE INVESTMENTS (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4120 FOURTH STREET, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON DECEMBER 29, 1995 OF A PUBLIC HEARING TO BE HELD ON JANUARY 8, 1996. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on August 25, 1995, Gary Gorman, Enforcement Officer, for the City of Columbia Heights, inspected the real property and incidental buildings located thereon at 4120 4th Street within the City of Columbia Heights, Minnesota, and owned, according to the application for rental license on file for the above-described real property by Lynde Investments. REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 6 2. Based upon said inspection of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and Licensing Rental Units were found to exist, to-wit: SEE ATTACHED COMPLIANCE ORDER (FAILURE TO CORRECT HOUSING CODE VIOLATIONS) (FAILURE TO SUBMIT $100.00 TO RE-INSPECTION FEES) 3. 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 Section 5A.306(1) and 5A.303(1)(d). CQNCLUSIONS OF COUNCIL 1. That the building located at 4120 4th Street is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto: 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the license holder described herein and identified bylicense number F-1006-95 is hereby revoked/suspended (cross one out); 2. The City shall post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by license holder; 3. Ail tenants shall remove themselves from the premises within 60 days from the first day of posting of this order revoking the license as held by license holder. REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 7 Passed this 12th day of February, 1996. Offered by: Seconded by: Roll call: Sturdevant Jolly Jones, Jolly, Sturdevant - aye Ruettimann, Peterson - nay Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Resolution No. 96-08 Being a Resolution Approving RevQQation of the Rental License Held by Lynde Investments Regarding Property Located at 4433 University A¥gBue Motion by Sturdevant, second by Jolly to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 96-0~ RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY LYNDE INVESTMENTS, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4433 UNIVERSITY AVE., COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON DECEMBER 29, 1995 OF A PUBLIC HEARING TO BE HELD ON JANUARY 8, 1996. 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 REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 8 1. That on September 20, 1995, Matthew Field, Enforcement Officer, for the City of Columbia Heights, inspected the real property and incidental buildings located thereon at 4433 University Avenue, within the City of Columbia Heights, Minnesota, and owned, according to the application for rental license on file for the above-described real property byLynde Investments. 2. Based upon said inspection of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and Licensing Rental Units were found to exist, to-wit: SEE ATTACHED COMPLIANCE ORDER (FAILURE TO CORRECT HOUSING CODE VIOLATIONS) (FAILURE TO SUBMIT $100.00 IN RE-INSPECTION FEES) 3. 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 Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 4433 University Avenue is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by license holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the license holder described herein and identified by license number F-1149-95 is hereby revoked/suspended (cross out one); 2. The City shall post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by license holder; REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 9 3. Ail tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by license holder. Passed this 12th day of February, 1996. Offered by: Seconded by: Roll call: Sturdevant Jolly Jones, Jolly, Sturdevant - aye Ruettimann, Peterson - nay Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Resolution No. 96-09 Being a Resolution Approving Revocation 9£ Rental License Held by Lynde Investments Re~ardin~ Property ~ocated at 4425 University Avenue Motion by Sturdevant, second by Jolly to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION NO. 96-09 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY LYNDE INVESTMENTS (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4425UNIVERSITY AVENUE, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON DECEMBER 29, 1995 OF A PUBLIC HEARING TO BE HELD ON JANUARY 8, 1996. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF T~E CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 10 FINDINGS OF FACT 1. That on September 20, 1995, Matthew Field, Enforcement officer, for the City of Columbia Heights, inspected the real property and incidental buildings located thereon at 4425 University Avenue, within the City of Columbia Heights, Minnesota, and owned, according to the application for rental license on file for the above-described real property by Lynde Investments. 2. Based upon said inspection of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and Licensing Rental Units were found to exist, to-wit: SEE ATTACHED COMPLIANCE ORDER (FAILURE TO CORRECT HOUSING CODE VIOLATIONS) (FAILURE TO SUBMIT $100.00 IN RE-INSPECTION FEES) 3. 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 Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 4425 University Avenue is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto: 2. That all relevant parties and parties in interest have been duly served notice of this hearing and any other hearings relevant to the revocation or suspension of the license held by license holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the license holder described herein and identified by license number F-1148-95 is hereby revoked/suspended (cross out one); REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 11 2. The City shall post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by license holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by license holder. Passed this 12th day of February, 1996. Offered by: Seconded by: Roll call: Sturdevant Jolly Jones, Jolly, Sturdevant - aye Ruettimann, Peterson - nay Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Resolution No. 96-10 Beinq a Resolution Approvina Revocatio~ of Rental License Held by Lynde Investments for Property Located at 4441 University Avenue Motion by Jolly, second by Sturdevant to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 96-10 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF T~AT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY LYNDE INVESTMENTS (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4441 UNIVERSITY AVENUE, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON DECEMBER 29, 1995 OF A PUBLIC HEARING TO BE HELD ON JANUARY 8, 1996. REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 12 NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on September 20, 1995, Matthew Field, Enforcement Officer, for the City of Columbia Heights, inspected the real property and incidental buildings located thereon at 4441 University Avenue, within the City of Columbia Heights, Minnesota, and owned, according to the application for rental license on file for the above-described real property byLynde Investments. 2. Based upon said inspection of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and Licensing Rental Units were found to exist, to-wit: SEE ATTACHED COMPLIANCE ORDER (FAILURE TO CORRECT HOUSING CODE VIOLATIONS) (FAILURE TO SUBMIT $100.00 IN RE-INSPECTION FEES) 3. 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 Section 5A.306(1) and 5A.303(1)(d). CQNCLUSIONS OF COUNCIL 1. That the building located at 4441 University Avenue is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by license holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 13 1. The rental license belonging to the license holder described herein and identified by license number F-1150-95 is revoked/suspended (cross one out); 2. The City shall post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by license holder; 3. Ail tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by license holder. Passed this 12th day of February, 1996. Offered by: Seconded by: Roi1 call: Jolly Jones Jones, Jolly, Sturdevant - aye Ruettimann, Peterson - nay Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Resolution No. 96-11 Being a Resolution Approving Revocation of Residential Rental License Held by Lynde Investments for Property Located at 4707 Universi%y Ayenu~ Motion by Jones, second by Jolly to waive the reading of he resolution there being ample copies available for the public. Roll call: All ayes RESQLUTION NO. 96-11 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY LYNDE INVESTMENTS, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4707 UNIVERSITY AVENUE, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)9A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON DECEMBER 29, 1995 OF A PUBLIC HEARING TO BE HELD ON JANUARY 8, 1996. REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 14 NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on September 20, 1995, Matthew Field, Enforcement Officer, for the City of Columbia Heights, inspected the real property and incidental buildings located thereon at 4707 University Avenue, within the City of Columbia Heights, Minnesota, and owned, according to the application for rental license on file for the above-described real property by Lynde Investments. 2. Based upon said inspection of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and Licensing Rental Units were found to exist, to wit: SEE ATTACHED COMPLIANCE ORDER (FAILURE TO CORRECT HOUSING CODE VIOLATIONS) (FAILURE TO SUBMIT $100.00 IN RE-INSPECTION FEES) 3. 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 Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 4707 University Avenue is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto: 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by license holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 15 ORDER OF COUNCIL 1. The rental license belonging to the license holder described herein and identified by license number F-1222-95 is hereby revoked/suspended (cross one out); 2. The City shall post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by license holder. 3. Ail tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by license holder. Passed this 12th day of February, 1996. Offered by: Seconded by: Roll call: Jones Jolly Jones, Jolly, Sturdevant - aye Ruettimann, Peterson - nay Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary ~esQlution No. 96-12 Being a Resolution ADproving Revocation of Residential Rental License Held by Lynde Investments for ~ropert¥ Located at 4715 University Motion by Jones, second by Jolly to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 96-12 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY LYNDE INVESTMENTS, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4715 UNIVERSITY AVENUE, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON DECEMBER 29, 1995 OF A PUBLIC HEARING TO BE HELD ON JANUARY 8, 1996. REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 16 NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on September 20, 1995, Matthew Field, Enforcement Officer, for the City of Columbia Heights, inspected the real property and incidental buildings located thereon at 4715 University Avenue, within the City of Columbia Heights, Minnesota, and owned, according to the application for rental license on file for the above-described real property by Lynde Investments. 2. Based upon said inspection of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and Licensing Rental Units were found to exist, to-wit: SEE ATTACHED COMPLIANCE ORDER (FAILURE TO CORRECT HOUSING CODE VIOLATIONS) (FAILURE TO SUBMIT $100.00 IN RE-INSPECTION FEES) 3. 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 Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 4715 University Avenue is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of .this hearing, and any other hearings relevant to the revocation or suspension of the license held by license holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER 0F COUNCIL REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 17 1. The rental license belonging to the license holder described herein and identified bylicense number F-1223-95 is hereby revoked/suspended (cross one out); 2. The City shall post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by license holder; 3. Ail tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by license holder. Passed this 12th day of February, 1996. Offered by: Seconded by: Roll call: Jones Jolly Jones, Jolly, Sturdevant - aye Ruettimann, Peterson - nay Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Resolution No. 96-13 Being a Resolution Approvina Revocation Of Certain Residential Rental License Held by Lynde IDvestments for Property Located at 4100 4th Street Motion by Jolly, second by Jones to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 96-13 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY LYNDE INVESTMENTS (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE PROPERTY LOCATED MINNESOTA, AND HOLDER IS THE LEGAL OWNER OF THE REAL AT 4100 4TH STREET, COLUMBIA HEIGHTS, WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN. NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON DECEMBER 29, 1995 OF A PUBLIC HEARING TO BE HELD ON JANUARY 8, 1996. REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 18 NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on August 25, 1995, Gary Gorman, Enforcement Officer, for the City of Columbia Heights, inspected the real property and incidental buildings located thereon at 4100 4th Street, within the City of Columbia Heights, Minnesota, and owned, according to the application for rental license on file for the above-described real property by Lynde Investments. 2. Based upon said inspection of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and Licensing Rental Units were found to exist, to-wit: SEE ATTACHED COMPLIANCE ORDER (FAILURE TO CORRECT HOUSING CODE VIOLATIONS) (FAILURE TO SUBMIT $100.00 IN RE-INSPECTION FEES) 3. 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 Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 4100 4th Street is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by license holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 19 1. The rental license belonging to the license holder described herein and identified by license number F-1005-95 is hereby revoked/suspended (cross one out); 2. The City shall post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by license holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by license holder. Passed this 12th day of February, 1996. Offered by: Seconded by: Roll call: Sturdevant Jolly Jones, Jolly, Sturdevant - aye Ruettimann, Peterson - nay Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary ReSQ~ution No. 96-14 Being a Resolution Approving Revocation Qf A ~esidential Rental License Held by Lynde Investments for Property Located at 4060 4th Street Motion by Jolly, second by Jones to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 96-14 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY LYNDE INVESTMENTS, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE PROPERTY LOCATED MINNESOTA, AND HOLDER IS AT 4060 THE LEGAL OWNER OF THE REAL 4TH STREET, COLUMBIA HEIGHTS, WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON DECEMBER 29, 1995 OF A PUBLIC HEARING TO BE HELD ON JANUARY 8, 1996. REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 20 NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on August 25, 1995, Gary Gorman, Enforcement Officer, for the City of Columbia Heights, inspected the real property and incidental buildings located thereon at 4060 4th Street, within the City of Columbia Heights, Minnesota, and owned, according to the application for rental license on file for the above-described real property by Lynde Investments. 2. Based upon said inspection of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and Licensing Rental Units were found to exist, to-wit: SEE ATTACHED COMPLIANCE ORDER (FAILURE TO CORRECT HOUSING CODE VIOLATIONS) (FAILURE TO SUBMIT $100.00 IN RE-INSPECTION FEES) 3. 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 Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 4060 4th Street is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto: 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by license holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights hay been exercised and completed. REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 21 ORDER OF COUNCIL 1. The rental license belonging to the license holder described herein and identified bylicense number F-1004-95 is hereby revoked/suspended (cross out one); 2. The City shall post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by license holder; 3. Ail tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by license holder. Passed this 12th day of February, 1996. Offered by: Seconded by: Roll call: Jolly Jones Jones, Jolly, Sturdevant - aye Ruettimann, Peterson - nay Jo-Anne Student, Council Secretary Mayor Joseph Sturdevant Legal counsel for Lynde Investments submitted a copy of a letter he drafted indicating Lynde Investments' intention to appeal these Findings. c. Public Hearings - Revocation/Suspension of Rental License. Lynde Investments~ 5121 University Avenue. 5131 University Avenue. 5141 University Avenue and 4050 4th Street Motion by Sturdevant, second by Jolly to continue the public hearings regarding rental license revocations for property licensed to Lynde Investments located at 5121 University Avenue (Resolution No. 96-21); 5131 University Avenue (Resolution No. 96-22); 5141 University Avenue (Resolution No. 96-23); and 4050 4th Street (Resolution No. 96-24) until the March 11, 1996 Council Meeting. Roll call: All ayes d. First Reading of Ordinance No. 1315 Being an Ordinance Amendin~ Ordinance No. 853. City Code of 1977. Vacating a Certain Alley Easement REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 22 Motion by Peterson, second by Sturdevant to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1315 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, VACATING A CERTAIN ALLEY EASEMENT The City of Columbia Heights herewith vacates the public alley over, across, and under the following described property, to wit: that portion of the alley adjacent to Lot 20, Block 54, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, commencing 60 feet south of the Northeast corner of said Lot 20, a distance of 10 feet south, thence at right angle west for a distance of 10 feet, thence northeasterly to the point of beginning and there terminating. Motion by Peterson, second by Jones to establish February 26, 1996 at approximately 7:00 p.m. as the second reading of Ordinance No. 1315 vacating an alley easement. Roll call: All ayes e. First Reading of Ordinance No. 1316 Being an Ordinance Amending Ordinance No. 853.' City Code of 1977. Vacating a Certain Street Motion by Sturdevant, second by Jolly to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1316 BEING AN ORDINANCE. AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, VACATING A CERTAIN PORTION OF STREET The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights herewith vacates the public street over, across, and under the following described property, to wit: REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 23 That portion of California Street adjacent to the East line of Lots 1 thru 15, Block 79, Columbia Heights Annex to Minneapolis, and adjacent to the West line of Lots 15 thru 30, Block 100, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, excepting and reserving the authority of any person, corporation or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains and hydrants, thereon or thereunder, to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto. Section 2: One-half of the sixty (60) feet vacated street right-of-way will be added to the above described lots that are adjacent to said street. Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: February 12, 1996 Motion bySturdevant, second by Peterson to establish February 26, 1996 at approximately 7:00 p.m. as the second reading of Ordinance No. 1316 vacating a certain street. Roll call: All ayes ITEMS FOR CONSIDERATION a. Qther Resolutions/Ordinances There were no other resolutions nor ordinances. b. Bid Considerations There were no additional bid considerations. c. Qther Business 1. Tax Increment Administration Expense Motion byRuettimann,~second by Peterson to authorize payment of $11,097.00 for administering the 1995 Tax Increment Financing Laws of Minnesota with expenses being charged to the TI Debt Service Fund as an administrative expense. Roll call: All ayes REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 24 2. ~edtronic. Inc. Plumbinq/Mechanical Plan Review and Inspection Agreement Motion by Peterson, second by Ruettimann to authorize the Mayor and Acting City Manager to enter into a plumbing/mechanical plan review and inspection agreement with Collova Services in conjunction with the Medtronic expansion. Roll call: All ayes 3. ~rant Approval for the City to Apply for MHFA (First Time ~omebuyer Program% Funds Motion by Jones, second by Ruettimann to grant approval (concurrence) for the City to apply for an allocation of maximum allowable from the Minnesota Finance Agency Minnesota City Participation Program (First Time Homebuyer Program) and, if successful, in securing an allocation, to provide the necessary City involvement in the Program. Roll call: All ayes 4. ~9prove Sale and Development Agreement Between City and Twin Cities Habitat for Humanity Regarding 4501 Taylor Street. 4549 Taylor Street~ 4555 Fillmore Street and 1221 40th Avenue The City Manager requested this item be removed from the agenda and be considered at the February 26th Council Meeting. 5. Approve Resolutions Nos. 96-25 and 96-26 Authorizing purchase Agreements for 4613-15 Pierce Street and 4619~21 Pierce Street Resolution No. 96-25 Approving Purchase Aareement for Property Located at 4613-15 Pierce Street Motion by Jolly, second by Jones to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 96-25 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA AUTHORIZING THE PURCHASE OF 4613-15 PIERCE STREET WHEREAS, The City Council of the City of Columbia Heights (the "City") has an on-going Community Development Block Grant (CDBG) funded Neighborhood Revitalization Program; and REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 25 WHEREAS, The City has found that there exists conditions of deteriorating, substandard residential structures, residential units in need of repairs which are in violation of the City Housing Code and City ordinances or there exists a need (due to blighting influences) for intervention by the City to prevent further deterioration of the area; and WHEREAS, The City has an option to acquire one such duplex residential pursuant to the Purchase Agreement by and between the City of Columbia Heights and Keith Maahs (the "Seller") and such Purchase Agreement has been signed by the Seller and provided to the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that: The City Council hereby approves the terms of the Purchase Agreement (On 4613-15 Pierce Street) between the City and Keith Maahs and authorizes the Mayor and City Manager to sign it on behalf of the City at a purchase price of $70,000 which is established as the fair market value based on the amount being the price for the property offered for sale by the owner and the value being determined by comparison of formal appraisals of the property. The City Council hereby authorizes the City Manager to handle all the requirements and conditions in order for the City to complete the transaction contemplated in the Purchase Agreement. The City Council approves payment of the purchase cost from the City CDBG Program funds. Passed this 12th day of February, 1996. Offered by: Seconded by: Roll call: Jolly Jones Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Resolution No. 96-26 Being a Resolution Authorizina the Purchase Agreeme~ £or Property Located at 4619-21 Pier~e Street REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 26 Motion by Jolly, second bySturdevant to waive the reading of the resolution there being ample copies available for the public. Roll call: Ail ayes RESOLUTION NO. 96-26 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA AUTHORIZING THE PURCHASE OF 4619-21 PIERCE STREET N.E. WHEREAS, the City Council of the City of Columbia Heights (the "City") has an on-going Community Development Block Grant (CDBG) funded Neighborhood Revitalizaton Program; and WHEREAS, the City has found that there exists conditions of deterioration, substandard residential structures, residential units in need of repairs which are in violation of the City Housing Code and City Ordinances or there exists a need (due to blighting influences) for intervention by the City to prevent further deterioration of the area; and WHEREAS, the City has an option to acquire one such duplex residential pursuant to the Purchase Agreement by and between the City of Columbia Heights and Keith Maahs (the "Seller") and such Purchase Agreement has been signed by the Seller and provided to the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that: me The City Council hereby approves the terms of the Purchase Agreement (On 4619-21 Pierce Street) between the City and Keith Maahs and authorizes the Mayor and City Manager to sign it on behalf of the City at a purchase price of $70,000 which is established as the fair market value basd on the amount being the price for the property offered for sale by the owner and the value being determined by comparison of formal appraisals of the property. e The City Council hereby authorizes the City Manager to handle all the requirements and conditions in order for the City to complete the transaction contemplated in the Purchase Agreements. e The city Council approves payment of the purchase cost from the City CDBG Program funds. Passed this 12th day of February, 1996. REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 27 Offered by: Seconded by: Roll call: Jolly Jones All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 6. Approve N~qotiation of Purchase Agreement for 4625-~7 Pierce Street Motion by Sturdevant, second by Jolly to authorize the City Manager to negotiate a purchase agreement with John Rekuski for 4625-27 Pierce Street according to the three stated conditions. Roll call: Jones, Jolly, Peterson, Sturdevant - aye Ruettimann - nay ADMINISTRATIVE REPORTS a. Report of the City Manager The City Manager's report was submitted in written form and the following items were discussed: Frozep Water S~rvice: The City Manager noted that last Fall letters were sent to those property owners whose homes had a history of frozen water service problems reminding them to take precautions to avoid this situation again. Approximately, 40 to 50 frozen water services have occurred so far this year. Red Cross Shelter: The City Manager advised that Chief Kewatt established Murzyn Hall as a Red Cross shelter during the ice storm in January. The shelter was attended to by the Recreation Director and its availability was advertised throughout the metropolitan media. The City's policy in supplying emergency service in such a timely manner was recognized metrowide. Councilmember Ruettimann gave verbal applause to City employees for their effort during the storm and its aftermath of destruction. He noted he received numerous calls from residents recognizing the good work of employees. REGULAR COUNCIL MEETING FEBRUARY 12, 1996 PAGE 28 b. Report of the City Attorney The City Attorney had nothing to report at this time. 10. GENERAL COUNCIL COMMUNICATIONS Minutes of the following board/commission meetings were included in the Council packet: January 9, 1996 February 5, 1996 January 29, 1996 February 6, 1996 January 10, 1996 Library Board Meeting Traffic Commission Meeting HRA and EDA Meetings Planning & Zoning Commission Meeting Human Services Commission Meeting These minutes were for informational purposes only. No Council action was required. 11. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA A resident of the Fourth District declared his candidacy for the House of Representatives in District 52A which includes the City of Columbia Heights. He will be seeking the DFL Party endorsement. 12. Motion by Peterson, second by Sturdevant to adjourn meeting at 9:15 p.m. Roll call: All ayes -Anne Student, Council Secretary the