HomeMy WebLinkAboutMarch 10, 1997OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS BOARD OF TRUSTEES
VOLUNTEER RELIEF ASSOCIATION
MARCH 10, 1997 MEETING
o
CALL TO OR~ER/ROLL CALL
The Mayor called the Board of Trustees Meeting to order at
10:19 p.m.
Mayor Sturdevant and Councilmembers Jones, Jolly, Ruettimann
and Peterson were present.
APPROVAL OF MINUTES
Motion by Ruettimann, second by Jolly to approve the minutes
of the November 12, 1996 Board of Trustees Meeting as
presented. Roll call: Ail ayes
RECOMMENDATION FOR RELIEF ASSOCIATION MEMBERSHIP
Motion by Ruettimann, second by Peterson to have the Fire
Department Vetunteer Relief Association Board of Trustees take
official action to accept Hark O. Seaton as a member of the
Asseciation effective March !, 1997. Roll call: Ail ayes
ADJOURNMENT
Motion by Peterson, second by Jones to adjourn the meeting at
10:22 p.m. Roll call: Ail ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
MARCH i0, 1997
CALL TO ORDER/ROLL CALL
Mayor Sturdevant called the Council Meeting to order at 7:00
p.m.
Mayor Sturdevant and Councilmembers Jones, Jolly, Ruettimann
and Peterson were present.
PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS TO THE MEETING AGENDA
There were no additions nor deletions to the meeting agenda.
CONSENT AGENDA
Consent agenda items are considered to be routine by the City
Council and are enacted as part of a consent agenda by one
motion.
The following three items were removed from the consent
agenda:
Final PUD Final Plan Review, TVI, inc., Award of Bid -
1997/1998 Tree Replanting Program and Advertising at Top Valu.
Motion by Ruettimann, second by Jones to approve the following
items on the consent agenda:
Adopt Council Minutes
The Council adopted the minutes of the February 24, 1997
Regular Council Meeting, the minutes of the February 27, 1997
Special Council Meeting and the minutes of the March 3, 1997
Public Hearing.
Conditional Use Permit - Ace Hardware, 2261 37th Avenue
The Council approved the conditional use permit for 2261 37th
Avenue to allow for the use of a temporary tent structure from
April 21, 1997 through July 31, 1997 provided a $500 deposit
is submitted to the License/Permit Clerk prior to
installation.
Accept Report of Telecommunications Commission on Electronic
Bulletin Board
The Council accepted the report of the Telecommunications
Commission regarding an electronic bulletin board.
REGULAR COUNCIL MEETING
MARCH 10, 1997
PAGE 2
MHFA First Time Homebuyer Minnesota City Participation Proqram
(MCPD)
The Council awarded the proposal for the 1997 Minnesota City
Participation Program to the Minnesota Housing Finance Agency
to approve the expenditure of $3,348.69 payable from the
Economic Development Authority fund for the required 1%
application fee and processing fee, and authorized the Mayor
and City Manager to enter into the Program Application -
Commitment Agreement for the same.
Desiqnation of One Hour Parkinq on the East Side of 5th Street
and 40th Avenue
The Council approved the designation of "One Hour" parking on
the east side of 5th Street adjacent to 501 40th Avenue, 4001
Fifth Street and 4005 Fifth Street, based on a recommendation
of the Traffic Commission.
ADDroval of License Applications
The Council approved the license applications as listed.
Payment of the Bills
The Council approved the payment of the bills as listed out of
proper funds.
Roll call on consent agenda: Ail ayes
Final PUD Final Plan Review, TVI, Inc.
Councilmember Ruettimann had requested this item be removed
from the consent agenda. His concern dealt with the entrance
way on 49th Avenue.
It was observed this issue is similar to the one addressed in
the Items for Consideration, Other Business section of the
agenda. It was felt it would be appropriate to discuss this
agenda item at the same time as the other one is considered.
Motion by Ruettimann, second by Peterson to table this item
until later in the meeting. Roll call: All ayes
Award of Bid - 1997-1998 Tree ReDlantinq Proqram
This item was removed by the Mayor. He requested information
be given to him regarding the bid specifications and the bids
received. The Public Works Director stated he will provide
this information to all members of the Council.
REGULAR COUNCIL MEETING
MARCH 10, 1997
PAGE 3
Motion by Sturdevant, second by Jolly to award the 1997-1998
Tree Replanting contract to Greenworks, Inc. of Loretto,
Minnesota, the lowest, qualified, responsible bidder for the
unit prices submitted in their proposal dated February 27,
1997, up to an amount of $20,850.00; and furthermore, to
authorize the Mayor and City Manager to enter into an
agreement for the same. Roll call: Ail ayes
Advertisinc at ToD Va!u
This item was removed by the Mayor. He wanted to know the
frequency with which these advertisements will be run. Staff
advised they will be aired thirteen times per week for eight
weeks.
Motion by Sturdevant, second by Ruettimann to authorize the
Mayor and City Manger to enter into an agreement with Cities
97 for advertisements of liquor store merchandise and hours at
a cost of $705 per week, being aired thirteen times each week
for eight weeks. Roll call: Ail ayes
PRESENTATIONS, PROCLAMATIONS, GUESTS
Carolyn Iverson, a Volunteer Coordinator for the Anoka County
Human Services Department, was present to advise the Council
of a new project. This project focuses on home visits for new
parents. A large number of agencies are participating in the
project. The purpose is to provide support, parenting aids,
relief for parents with a chronically ill child, role modeling
and problem solving.
There is training for interested volunteers. For additional
information or to volunteer, a person is welcome to call 422-
7089.
6. PUBLIC HEARINGS
Second Readinq of Ordinance No. 1340 Beinq an Ordinance
Pertaininq to Zoninq Amendments
Staff advised that the public hearing held by the Planning and
Zoning Commission regarding Ordinance No. 1340 was continued
to the Commission's April ist meeting.
The Zoning Coordinator reviewed what is being proposed
regarding these zoning amendments by the Conoco station owners
and by the City.
REGULAR COUNCIL MEETING
MARCH 10, 1997
PAGE 4
An area resident expressed her concerns and those of her
neighbors regarding this project. She stated they feel the
expansion of the service station to include a 24~ hour
restaurant will affect the property values of homes in the
neighborhood, will increase traffic and noise, and will
generally attract people who are undesirable.
Councilmember Peterson explained there are two separate issues
on the agenda regarding this expansion. The issue under
discussion at this point in time is only addressing the number
of bays allowed at the site proposed for the west side of
Central Avenue.
Discussion continued regarding how this zoning amendment may
affect the entire city if it were applied elsewhere.
Councilmember Ruettimann observed that this type of business
could expand anywhere in the City if an owner had enough land.
He noted that the Council has seen no map which would indicate
at what locations this type of expansion could take place. His
concern is for the potential to have this happen at other
locations. Staff suggested there is a map available which
would respond to his concerns.
Motion by Peterson, second by Jolly to table this item until
later in the meeting. Roll call: All ayes
B. Public Hearinq to Conduct a Preliminary Review of
Rezoninq Request by Owners of Conoco at 3701 Central Avenue
Councilmember Peterson advised that the Council cannot vote on'
this matter at this meeting. Staff explained that the public
hearing notice had appeared in the official newspaper and this
is the only reason this item is on the agenda of tonight's
meeting. At the time the public hearing notice was authorized
for publication it was felt the Planning and Zoning Commission
would be making a recommendation at its meeting. The
Commission did not make a recommendation therefore, the
Council can make no approvals at this public hearing. Staff's
recommendation is to recess the public hearing to a date
certain.
Discussion continued with area property owners, Conoco owners,
staff and members of the Council regarding the rezoning
request. The properties that the Conoco owners want rezoned
were reviewed.
A spokesperson for the neighborhood felt the suggestion of
Councilmember Peterson to hold a community meeting between
interested parties and the service station owners had merit.
REGULAR COUNCIL MEETING
MARCH !0, 1997
PAGE 5
She indicated a willingness to pursue establishing a date and
location convenient for all involved.
It was noted that no property owners from the west side of
Central Avenue were in attendance nor had any calls been
received from them regarding this matter. Councilmember Jolly
suggested that increasing expansion of the project on the west
side of Central Avenue should be considered in that it may not
affect property owners as much as the proposed expansion on
the east side of Central Avenue.
Motion by Peterson, second by Jones to recess the public
hearing and schedule the hearing to be reconvened on Monday,
April 14, 1997. Roll call: All ayes
Second Readinq of Ordinance No. 1340 Beinq an Ordinance
Pertaininq to Zoninq Amendments (reconsideration from earlier
in the Council Meeting)
The EDA Director displayed a zoning map which reflected that
the total area of property zoned RB is 4.4% of the City. He
explained the controls which are in place for Council use
regarding rezoning.
Motion by Ruettimann, second by Peterson to table this item
until the April 14, 1997 Council Meeting which will allow
staff time to research the matter further and allow time for
staff to develop information for presentation at the Council's
next work session on March 17, 1997 and to direct EDA staff to
request the sixty day extension. Roll call: All ayes
C. Public Hearinq to Consider Opinion Reqardinq Suspension of
Rental Licenses - L?-nde Investment Properties
The City Manager referred to the work session held on March
4th with the City Council and owners/representatives of Lynde
Investments. He referred to legislation which allows cities to
inspect rental units. He also noted that legal counsel for
Lynde Investments, John Tackett, was sent a copy of a letter
intended to be sent to tenants notifying them of a need to
inspect. He also stated that the City intends to pursue a
remedy from the courts to gain access for inspections if
necessary.
Lynde Investment's legal counsel had been requested to bring
a copy of tenant names, addresses and unit numbers for the
City's Inspector.
REGULAR COUNCIL MEETING
MARCH 10, 1997
PAGE 6
Tackett responded he has the tenant list but has some issues
he wants resolved before he surrenders the list to the City.
He referenced some of his concerns which included the City's
omission in its letter relative to a tenant's right to deny
access and the tenant's absence during an inspection and who
on the City staff would be contacted if there were any tenant
issues. The City Attorney noted he had previously advised
Tackett on all of these concerns.
After much discussion regarding Lynde Investment's position on
various matters relative to its relationship with its tenants,
Tackett stated he will be contacting the tenants advising them
to deny access for inspections by the City.
The City Manager recommended that the Council direct staff to
send notices to individual tenants. He read the following
motion prepared by the City Attorney regarding the language of
the notices: Motion to direct staff to obtain names and
addresses of tenants from Lynde Investments and proceed to
forward to tenants a notification for inspection of their
unit. If entry into a unit is denied, then staff is authorized
to seek any and all administrative remedies which may be
available, including but not necessarily limited to,
administrative search warrants.
The City Manager requested increased fees be charged for the
extra expense.
A former tenant and current Columbia Heights resident viewed
this direction as special treatment for this landlord.
The City Attorney noted that the City would not necessarily
send these notices. If the landlord chooses not to cooperate,
then this procedure would be used.
The City Attorney observed that the aforementioned procedure
does not eliminate L!rnde Investment's question regarding the
constitutionality of the Housing Maintenance Ordinance.
Motion by Jones, second by Jolly to close the public hearing
for the following twelve addresses. Roll call: All ayes
Motion to waive the reading of the following twelve
resolutions there being ample copies available for the public
by Jones, second by Jolly. Roll call: All ayes
RESOLUTION NO. 97-27 a
REGULAR COUNCIL MEETING
MARCH 10, 1997
PAGE 7
RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA
HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE
SECTION SA.408(1) OF THAT CERTAIN RESIDENTIAL LICENCE HELD BY
LYNDE INVESTMENTS, (HEREINAFTER "LICENSE HOLDER").
WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL
PROPERTY LOCATED AT 4050 4TH STREET, COLUMBIA HEIGHTS,
MINNESOTA, AND
WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION
5.t04(1) (A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND
REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS
GIVEN TO THE LICENSE HOLDER ON FEBRUARY 4, 1997 OF A PUBLIC
HEARING TO BE HELD ON FEBRUARY 24, 1997.
NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL
ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS,
THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE
FOLLOWING:
FINDINGS OF FACT
i. That on NUMEROUS DATES DURING 1996, LoWell DeMars,
Enforcement Officer, for the City of Columbia Heights, mailed
inspection notices to LYArDE INVESTMENTS requesting that the
building located thereon at 4050 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, be scheduled for the
annual licensing inspection.
2. That as of FEBRUARY 12, 1997, LYNDE INVESTMENTS has refused
to schedule the required annual inspection of the rental
units.
3. Based on said information presented by 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:
A. FAILURE TO ALLOW AIfNUAL INSPECTION OF ALL~ALIINITS
LOCATED AT 4050 4TH STREET
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
Section 5A.306(!) and 5A.303(1) (d).
REGULAR COUNCIL MEETING
MARCH 10, 1997
PAGE 8
CONCLUSIONS OF THE COUNCIL
1. That the building located at 4050 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 of 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. That the rental license belonging to the License Holder
described herein and identified by license number F-1698-96 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 10th day of March, 1997.
Motion by:
Seconded by:
Roll call:
Jones
Sturdevant
Jones, Ruettimann, Sturdevant - aye
Jolly, Peterson - nay
Mayor Joseph Sturdevant
ATTEST:
Jo-Anne Student, Council Secretary
RESOLUTION NO. 97-27 b
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 LICENCE HELD BY
LYNDE INVESTMENTS, (HEREINAFTER "LICENSE HOLDER").
REGULAR COUNCIL MEETING
MARCH 10, 1997
PAGE 9
WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL
PROPERTY LOCATED AT 4060 4TH 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 FEBRUARY 4, 1997 OF A PUBLIC
HEARING TO BE HELD ON FEBRUARY 24, 1997.
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 NUMEROUS DATES DURING 1996, Lowell DeMars,
Enforcement Officer, for the City of Columbia Heights, mailed
inspection notices to LYNDE INVESTMENTS requesting that the
building located there on 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, be scheduled for the
annual licensing inspection.
2. That as of FEBRUARY 12, 1997, LYNDE INVESTMENTS has refused
to schedule the required annual inspection of the rental
units.
3. Based on said information presented by 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:
A. FAILURE TO ALLOW ANNUAL INSPECTION OF ALL RENTALUNITS
LOCATED AT 4060 4TH STREET
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
Section 5A.306(1) and 5A.303(1) (d).
CONCLUSIONS OF THE 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:
REGULAR COUNCIL MEETING
MARCH 10, 1997
PAGE 10
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 of 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. That the rental license belonging to the License Holder
described herein and identified by license number F-1697-96 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 10th day of March, 1997.
Motion by:
Seconded by:
Roll call:
Jones
Sturdevant
Jones, Ruettimann, Sturdevant - aye
Jolly, Peterson - nay
ATTEST:
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
RESOLUTION NO. 97-27 c
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 LICENCE HELD BY
LYNDE INVESTMENTS, (HEREINAFTER "LICENSE HOLDER").
WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL
PROPERTY LOCATED AT 4100 4TH STREET, COLUMBIA HEIGHTS,
MINNESOTA, AND
REGULAR COUNCIL MEETING
MARCH !0, 1997
PAGE 1!
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 FEBRUARY 4, 1997 OF A PUBLIC
HEARING TO BE HELD ON FEBRUARY 24, 1997.
NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL
ORDINA/~CES ANID 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 ~EROUS DATES DURING 1996, Lowell DeMars,
Enforcement Officer, for the City of Columbia Heights, mailed
inspection notices to LYNDE INVESTMENTS requesting that the
building located there on 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, be scheduled for the
annual licensing inspection.
2. That as of FEBRUARY 12, 1997, LYNDE INVESTMENTS has refused
to schedule the required annual inspection of the rental
units.
3. Based on said information presented by 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:
A. FAILURE TO ALLOW ABRXrUAL INSPECTION OF ALLRENTALLrNITS
LOCATED AT 4100 4TH STREET
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
Section 5A.306(1) and 5A.303(I) (d).
CONCLUSIONS OF THE 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 of suspension of the license held
by License Holder.
REG~ COUNCIL MEETING
MARCH 10, 1997
PAGE 12
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. That the rental license belonging to the License Holder
described herein and identified by license number F-1696-96 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 10th day of March, 1997.
Motion by:
Seconded by:
Roll call:
Jones
Sturdevant
Jones, Ruettimann, Sturdevant - aye
Jolly, Peterson - nay
Mayor Joseph Sturdevant
ATTEST:
Jo-Anne Student, Council Secretary
RESOLUTION NO. 97-27 d
RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA
HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINAI~CE CODE
SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL LICENCE HELD BY
LYAIDE INVESTMENTS, (HEREINAFTER "LICENSE HOLDER").
WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL
PROPERTY LOCATED AT 4120 4TH 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 FEBRUARY 4, 1997 OF A PUBLIC
HEARING TO BE HELD ON FEBRUARY 24, 1997.
REGULAR COUNCIL MEETING
MARCH 10, 1997
PAGE 13
NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL
ORDINANCES AND REGLrLATIONS OF THE CITY OF COLUMBIA HEIGHTS,
THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE
FOLLOWING:
FINDINGS OF FACT
1. That on NUMEROUS DATES DURING 1996, Lowell DeMars,
Enforcement Officer, for the City of Columbia Heights, mailed
inspection notices to LYNDE I~STMENTS requesting that the
building located there on 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, be scheduled for the
annual licensing inspection.
2. That as of FEBRUARY 12, 1997, LYNDE INVESTMENTS has refused
to schedule the required annual inspection of the rental
units.
3. Based on said information presented by 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:
A. FAILURE TO ALLOW ANNUAL INSPECTION OF ALL RENTAL UNITS
LOCATED AT 4120 4TH STREET
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
Section 5A.306(1) and 5A.303(i) (d).
CONCLUSIONS OF THE COUNCIL
!. 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 of 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
MARCH 10, 1997
PAGE 14
ORDER OF COUNCIL
1. That the rental license belonging to the License Holder
described herein and identified by license number F-1695-96 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 10th day of March, 1997.
Motion by:
Seconded by:
Roll call:
Jones
Sturdevant
Jones, Ruettimann, Sturdevant - aye
Jolly, Peterson - nay
ATTEST:
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
RESOLUTION NO. 97-27 e
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 LICENCE HELD BY
LYNDE INVESTMENTS, (HEREINAFTER "LICENSE HOLDER").
WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL
PROPERTY LOCATED AT 4425 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 FEBRUARY 4, 1997 OF A PUBLIC
HEARING TO BE HELD ON FEBRUARY 24, 1997.
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:
REGULAR COUNCIL MEETING
MARCH 10, 1997
PAGE 15
FINDINGS OF FACT
!. That on NUMEROUS DATES DURING 1996, Lowell DeMars,
Enforcement Officer, for the City of Columbia Heights, mailed
inspection notices to LYNDE INVESTMENTS requesting that the
building located there on 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, be scheduled for
the annual licensing inspection.
2. That as of FEBRUARY 12, 1997, LYNDE INVESTMENTS has refused
to schedule the required annual inspection of the rental
units.
3. Based on said information presented by 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:
A. FAILURE TO ALLOW ANNUAL INSPECTION OF ALL RENTAL UNITS
LOCATED AT 4425 UNIVERSITY AVENUE
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
Section 5A.306(1) and 5A.303(i) (d).
CONCLUSIONS OF THE 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 of 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. That the rental license belonging to the License Holder
described herein and identified by license number F-!845-96 is
hereby revoked/suspended (cross one out);
REGULAR COUNCIL MEETING
MARCH 10, 1997
PAGE 16
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 10th day of March, 1997.
Motion by:
Seconded by:
Roll call:
Jones
Sturdevant
Jones, Ruettimann, Sturdevant - aye
Jolly, Peterson - nay
Mayor Joseph Sturdevant
ATTEST:
Jo-Anne Student, Council Secretary
RESOLUTION NO. 97-27 f
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 LICENCE HELD BY
LYNDE INVESTMENTS, (HEREINAFTER "LICENSE HOLDER").
WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL
PROPERTY LOCATED AT 4433 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 FEBRUARY 4, 1997 OF A PUBLIC
HEARING TO BE HELD ON FEBRUARY 24, 1997.
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:
REGULAR COUNCIL MEETING
MARCH 10, 1997
PAGE 17
FINDINGS OF FACT
1. That on NUMEROUS DATES DURING 1996, Lowell DeMars,
Enforcement Officer, for the City of Columbia Heights, mailed
inspection notices to LYNDE INVESTMENTS requesting that the
building located there on 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 by LYNDE INVESTMENTS, be scheduled for
the annual licensing inspection.
2. That as of FEBRUARY 12, 1997, LYNDE INVESTMENTS has refused
to schedule the required annual inspection of the rental
units.
3. Based on said information presented by 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:
A. FAILURE TO ALLOW ANNUAL INSPECTION OF ALL RENTAL UNiTS
LOCATED AT 4433 UNIVERSITY AVENUE
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
Section 5A.306(1) and 5A.303(I) (d).
CONCLUSIONS OF THE 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 of 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. That the rental license belonging to the License Holder
described herein and identified by license number F-i844J-96 is
hereby revoked/suspended (cross one out);
REGULAR COUNCIL MEETING
MARCH 10, 1997
PAGE 18
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 10th day of March, 1997.
Motion by:
Seconded by:
Roll call:
Jones
Sturdevant
Jones, Ruettimann, Sturdevant - aye
Jolly, Peterson - nay
Mayor Joseph Sturdevant
ATTEST:
Jo-Anne Student, Council Secretary
RESOLUTION NO. 97-27 q
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 LICENCE 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 FEBRUARY 4, 1997 OF A PUBLIC
HEARING TO BE HELD ON FEBRUARY 24, 1997.
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:
REGULAR COUNCIL MEETING
MARCH !0, 1997
PAGE i9
FINDINGS OF FACT
1. That on NUMEROUS DATES DURING 1996, Lowell DeMars,
Enforcement Officer, for the City of Columbia Heights, mailed
inspection notices to LYNDE INVESTMENTS requesting that the
building located there on 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 by LYNDE INVESTMENTS, be scheduled for
the annual licensing inspection.
2. That as of FEBRUARY 12, 1997, LYNDE INrVESTMENTS has refused
to schedule the required annual inspection of the rental
units.
3. Based on said information presented by 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:
A. FAILURE TO ALLOWANNUAL INSPECTION OF ALL RENTAL UNITS
LOCATED AT 4441 UNIVERSITY AVENUE.
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
Section 5A.306(I) and 5A.303(t) (d).
CONCLUSIONS OF THE COUNCIL
!. 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 of 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. That the rental license belonging to the License Holder
described herein and identified by license number F-1843-96 is
hereby revoked/suspended (cross one out);
REGULAR COUNCIL MEETING
MARCH 10, 1997
PAGE 20
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 10th day of March, 1997.
Motion by:
Seconded by:
Roll call:
Jones
Sturdevant
Jones, Ruettimann, Sturdevant - aye
Jolly, Peterson - nay
Mayor Joseph Sturdevant
ATTEST:
Jo-Anne Student, Council Secretary
RESOLUTION NO. 97-27 h
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 LICENCE 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) (A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND
REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS
GIVEN TO THE LICENSE HOLDER ON FEBRUARY 4, 1997 OF A PUBLIC
HEARING TO BE HELD ON FEBRUARY 24, 1997.
NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL
ORDINANCES AND REGULATIONS OF THE CITY OF COLLIMBIA HEIGHTS,
THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE
FOLLOWING:
REGULAR COUNCIL MEETING
MARCH 10, 1997
PAGE 21
FINDINGS OF FACT
1. That on NUMEROUS DATES DURING 1996, Lowell DeMars,
Enforcement Officer, for the City of Columbia Heights, mailed
inspection notices to LYNDE INVESTMENTS requesting that the
building located there on 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, be scheduled for
the annual licensing inspection.
2. That as of FEBRUARY 12, 1997, LYNDE INVESTMENTS has refused
to schedule the required annual inspection of the rental
units.
3. Based on said information presented by 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:
A. FAILURE TO ALLOWAkINUAL INSPECTION OF ALL RENTAl=UNITS
LOCATED AT 4707 UNIVERSITY AVENUE
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
Section 5A.306(1) and 5A.303(!) (d).
CONCLUSIONS OF THE 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 of 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
!. That the rental license belonging to the License Holder
described herein and identified by license number F-190!-96 is
hereby revoked/suspended (cross one out);
REGULAR COUNCIL MEETING
MARCH 10, 1997
PAGE 22
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 10th day of March, 1997.
Motion by:
Seconded by:
Roll call:
Jones
Sturdevant
Jones, Ruettimann, Sturdevant - aye
Jolly, Peterson nay
Mayor Joseph Sturdevant
ATTEST:
Jo-Anne Student, Council Secretary
RESOLUTION NO. 97-27 i
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 LICENCE HELD BY
LYAIDE 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 FEBRUARY 4, 1997 OF A PUBLIC
HEARING TO BE HELD ON FEBRUARY 24, 1997.
NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL
ORDINANCES AiXrD REGIILJkTIONS OF THE CITY OF COLUMBIA HEIGHTS,
THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE
FOLLOWING:
REGULAR COUNCIL MEETING
MARCH 10, 1997
PAGE 23
FINDINGS OF FACT
!. That on NUMEROUS DATES DURING 1996, Lowell DeMars,
Enforcement Officer, for the City of Columbia Heights, mailed
inspection notices to LYNDE INVESTMENTS requesting that the
building located there on 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 LYArDE INVESTMENTS, be scheduled for
the annual licensing inspection.
2. That as of FEBRUARY !2, 1997, LYNDE INVESTMENTS has refused
to schedule the required annual inspection of the rental
units.
3. Based on said information presented by 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:
A. FAILURE TO ALLOWTuAAkUJAL INSPECTION OF ALL REkV/ALUNITS
LOCATED AT 4715 UNIVERSITY AVENUE.
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
Section 5A.306(1) and 5A.303(!) (d).
CONCLUSIONS OF THE 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 of 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. That the rental license belonging to the License Holder
described herein and identified by license number F-1900-96 is
hereby revoked/suspended (cross one out);
REGULAR COUNCIL MEETING
MARCH 10, 1997
PAGE 24
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 10th day of March, 1997.
Motion by:
Seconded by:
Roll call:
Jones
Sturdevant
Jones, Ruettimann, Sturdevant - aye
Jolly, Peterson - nay
Mayor Joseph Sturdevant
ATTEST:
Jo-Anne Student, Council Secretary
RESOLUTION NO. 97-27 j
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 LICENCE HELD BY
LYNDE INVESTMENTS, (HEREINAFTER "LICENSE HOLDER").
WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL
PROPERTY LOCATED AT 5121 UNIVERSITY AVENUE, COLLYMBIAHEIGHTS,
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 FEBRUARY 4, 1997 OF A PUBLIC
HEARING TO BE HELD ON FEBRUARY 24, 1997.
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:
REGULAR COUNCIL MEETING
MARCH i0, 1997
PAGE 25
FINDINGS OF FACT
!. That on NUMEROUS DATES DURING 1996, Lowell DeMars,
Enforcement Officer, for the City of Columbia Heights, mailed
inspection notices to LYNDE INVESTMENTS requesting that the
building located there on at 5121 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, be scheduled for
the annual licensing inspection.
2. That as of FEBRUARY 12, 1997, LYNDE INVESTMENTS has refused
to schedule the required annual inspection of the rental
units.
3. Based on said information presented by 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:
A. FAILURE TO ALLOW ANNUAL INSPECTION OF ALL RENTAL UNITS
LOCATED AT 5121 UNIVERSITY AVENUE.
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
Section 5A.306(t) and 5A.303(i) (d).
CONCLUSIONS OF THE COUNCIL
!. That the building located at 5121 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 of 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. That the rental license belonging to the License Holder
described herein and identified by license number F-!899-96 is
hereby revoked/suspended (cross one out);
REGULAR COUNCIL MEETING
MARCH 10, 1997
PAGE 26
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 10th day of March, 1997.
Motion by:
Seconded by:
Roll call:
Jones
Sturdevant
Jones, Ruettimann, Sturdevant - aye
Jolly, Peterson - nay
Mayor Joseph Sturdevant
ATTEST:
Jo-Anne Student, Council Secretary
RESOLUTION NO. 97-27 k
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 LICENCE HELD BY
LYNDE iNVESTMENTS, (HEREINAFTER "LICENSE HOLDER").
WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL
PROPERTY LOCATED AT 5131 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 FEBRUARY 4, 1997 OF A PUBLIC
HEARING TO BE HELD ON FEBRUARY 24, 1997.
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:
REGIILAR COUNCIL MEETING
MARCH !0, 1997
PAGE 27
FINDINGS OF FACT
1. That on NUMEROUS DATES DURING 1996, Lowell DeMars,
Enforcement Officer, for the City of Columbia Heights, mailed
inspection notices to LYNDE IkrVESTMENTS requesting that the
building located there on at 5131 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, be scheduled for
the annual licensing inspection.
2. That as of FEBRUARY 12, 1997, LYNDE INVESTMENTS has refused
to schedule the required annual inspection of the rental
units.
3. Based on said information presented by 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:
A. FAILURE TO ALLOWANNUAL INSPECTION OF ALL RENTAL UNITS
LOCATED AT 5131 UNIVERSITY AVENUE.
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
Section 5A.306(1) and 5A.303(i) (d) .
CONCLUSIONS OF THE COUNCIL
1. That the building located at 5131 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 of 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. That the rental license belonging to the License Holder
described herein and identified by license number F-!898-96 is
hereby revoked/suspended (cross one out);
REGULAR COUNCIL MEETING
MARCH 10, 1997
PAGE 28
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 10th day of March, 1997.
Motion by:
Seconded by:
Roll call:
Jones
Sturdevant
Jones, Ruettimann, Sturdevant - aye
Jolly, Peterson - nay
Mayor Joseph Sturdevant
ATTEST:
Jo-Anne Student, Council Secretary
RESOLUTION NO. 97-27 1
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 LICENCE HELD BY
LYNDE INVESTMENTS, (HEREINAFTER "LICENSE HOLDER").
WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL
PROPERTY LOCATED AT 5141 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 FEBRUARY 4, 1997 OF A PUBLIC
HEARING TO BE HELD ON FEBRUARY 24, 1997.
NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL
ORDINANCES AND REGLTLATIONS OF THE CITY OF COLUMBIA HEIGHTS,
THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE
FOLLOWING:
REGULAR COUNCIL MEETING
MARCH !0, 1997
PAGE 29
FINDINGS OF FACT
1. That on NUMEROUS DATES DURING 1996, Lowell DeMars,
Enforcement Officer, for the City of Columbia Heights, mailed
inspection notices to LYNDE INVESTMENTS requesting that the
building located there on at 5141 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, be scheduled for
the annual licensing inspection.
2. That as of FEBRUARY 12, 1997, LYNDE INVESTMENTS has refused
to schedule the required annual inspection of the rental
units.
3. Based on said information presented by 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:
A. FAILURE TO ALLOWALrNUAL INSPECTION OF ALL RENTAL UNITS
LOCATED AT 5141 UNIVERSITY AVENUE.
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
Section 5A.306(1) and 5A.303(1) (d).
CONCLUSIONS OF THE COUNCIL
1. That the building located at 5141 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 of 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
!. That the rental license belonging to the License Holder
described herein and identified by license number F-1897--96 is
hereby revoked/suspended (cross one out);
REGULAR COUNCIL MEETING
MARCH 10, 1997
PAGE 30
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 10th day of March, 1997.
Motion by:
Seconded by:
Roll call:
Jones
Sturdevant
Jones, Ruettimann, Sturdevant - aye
Jolly, Peterson - nay
Mayor Joseph Sturdevant
ATTEST:
Jo-Anne Student, Council Secretary
7. ITEMS FOR CONSIDERATION
A. Other Resolutions/Ordinances
There were no other resolutions nor ordinances.
B. Bid Considerations
There were no bid considerations.
C. Other Business
Authorize Staff to.Apply for DNR C.O.R.E. Fundinq
The Mayor inquired if St. Anthony residents will be paying a
larger share of the costs associated with this project. He was
advised that equal shares had been discussed.
Councilmember Jolly noted that there may be some liability
associated with this project. The Public Works Director
agreed. He also advised that the aerator will be installed and
will operate only during the winter months. The DNR will
inform the City when the aerator should be turned on.
Councilmember Jolly also inquired if the Rice Creek Watershed
District will have any involvement in this project. The Public
Works Director responded they want to be kept informed but are
not interested in becoming involved with the funding.
REGULAR COUNCIL MEETING
MARCH !0, 1997
PAGE 31
The Mayor inquired if any thought has been given to contacting
members of the Silver Lake Homeowners Association regarding
funding.
The Public Works Director stated there would have to be a
public hearing to discuss this.
Motion by Jolly, second by Peterson to authorize staff to
apply to the DNR C.O.R.E. Program for installation of an
aerator and fishing pier on Silver Lake based on the
recommendation of the Park and Recreation Commission. Roll
call: Ail ayes
2. Establish Council Work Sessions
The Council established a Council work session for Monday,
April 7, 1997 following the Board of Review and Monday, April
21, 1997 at 7:00 p.m.
There was some discussion regarding a joint meeting of the
City Council and the Charter Commission on March 20, 1997.
3. Authorization to Seek Proposals for Pool Consu!tinq
Services
The Public Works Director advised the Council that three of
the City's wading pools are not in compliance with current
Health Department standards.
Some actions were taken by staff last year which served as
interim improvements so the pools could be used.
Staff proposed other improvements which need to be made to
bring these pools into total compliance. Costs associated with
these improvements were very high.
It was felt that a consultant's services should be employed to
address the issues and suggest alternatives.
Discussion continued regarding other options and the
experience of other municipalities with this type of
situation.
Motion by Peterson, second by Jones to authorize staff to seek
proposals for consulting services on pool improvements based
on a recommendation of the Park and Recreation Commission.
Roll call: Ail ayes
REGULA_~ COUNCIL MEETING
MARCH 10, 1997
PAGE 32
4. PUD Final Plan Review, TVI, Inc., 4849 Central Avenue
Councilmember Ruettimann inquired if anyone had measured the
curb cut exiting onto 49th Avenue. Councilmember Jolly stated
it had been measured today and was 32 feet wide. There was
concurrence from the Traffic Commission and the Public Works
Director that this was wide enough.
Motion by Peterson, second by Sturdevant to approve the PUD
Final Plan as presented. This motion was withdrawn until the
next issue was addressed.
5. Access Site at 4849 Central Avenue
Motion by Peterson, second by Sturdevant to recommend the curb
opening be a minimum of 30' and if it needs to be widened, be
no less than 32' with the addition of a stop sign being
installed on the east side of the driveway, based on the
recommendation of the Traffic Commission.
Councilmember Ruettimann inquired if this becomes a problem,
can the direction be done later and the 49th Avenue opening be
an entrance only and the drive be an exit onto Central Avenue.
The Public Works Director responded this could be a condition.
Roll call: All ayes
6. Final PUD Plan Review, TVI, Inc., 4849 Central Avenue
Motion by Peterson, second by Ruettimann to approve the PUD
Final Plan for the proposed development at 4849 Central Avenue
as it is consistent with the City's Comprehensive Plan and
Zoning Ordinance and satisfies the requirements of the PUD
Final Review portion of the Zoning Ordinance contingent upon
review and approval of the Traffic Commission at their meeting
of March 5, 1997. Roll call: Ail ayes
8. ADMINISTRATIVE REPORTS
A. Report of the City Manager
The City Manager explained that the work session summary
sheets will serve as updates on issues being addressed. These
will be distributed on a monthly basis. He requested members
of the Council to advise him of any additional items they may
want added.
The Administrative Summary sheets have been copied to all
division heads and other staff who are responsible for some
actions noted in the sheets. These will also be copied to
members of the Council.
REGULAR COUNCIL MEETING
MARCH 10, 1997
PAGE 33
10.
B. Report of the City Attorney
The City Attorney had nothing to report at this time.
GENERAL COUNCIL COMMUNICATIONS
Minutes of the following board and commission meetings were
included in the agenda packet:
February 20, 1997 Telecommunications Commission
February 20, 1997 Charter Commission
March 5, 1997 Traffic Commission
The Council was advised there will be a vacancy on the Traffic
Commission effective April 1, 1997 due to Dan Duda moving from
the community.
CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA
11.
The resident at 4200 Third Street came to the meeting to
express her concern regarding the health problem being
experienced by one of the City employees. She indicated her
willingness to participate in anything which may be done for
him. ,
ADJOURNMENT
Motion by Ruettimann, second by Jolly to adjourn the meeting
at 10:18 p.m. Roll call: All ayes
o-Anne student,' ~cil
.~a~or/J~s eph- S t u-rdevant
Secretary