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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