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HomeMy WebLinkAboutJanuary 14, 2008OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JANUARY 14, 2008 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, January 14, 2008 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Pastor Bill Hugo, St. Matthew Lutheran Church, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed Resolution Number 2008-12, revocation of license, in that the property has been brought into compliance. PROCLAMATIONS PRESENTATIONS RECOGNITION ANNOUNCEMENTS AND GUESTS St. Matthew Lutheran Church 75 year anniversary Proclamation - Mayor Gary Peterson read the Proclamation and presented it to Pastor Bill Hugo and Jan Balke, President of the Church Council. Pastor Hugo thanked the Council for this honor. Ms. Balke invited residents to attend any of their events. Mayor Peterson indicated his pleasure to have attended one of their stage performances. Nawrocki spoke of the passing of Mitch DeMars, who worked for the city for approximately 30 years and was a volunteer fire fighter for many of those years. Seven members of the DeMars family have served in our fire department. Mitch also served on our Police and Fire Civil Service Commission. Nawrocki referred to himself as a very active member of this City Council and to his diligence on city finances. He indicated that his concerns are not personal with Councihnembers or staff. He referred to the benefits of differences of opinion and indicated his desire that comments not be taken personally. Peterson indicated that Mitch DeMars was a great friend, great employee, and great person. Peterson indicated that he was active to the end on the Police and Fire Civil Service Commission. CONSENT AGENDA Walt Fehst, City Manager took Councilmembers through the Consent Agenda items. A. Approve minutes of the December 10, 2007 Columbia Hei htg s City Council meeting. Motion to approve the minutes of the December 10, 2007 Columbia Heights City Council meeting. B. Accept meeting minutes of Columbia Heights Boards and Commissions. Motion to accept the minutes of the October 2, 2007 Library Board meeting. Motion to accept the minutes of the November 6, 2007 Library Board meeting. Motion to accept the minutes of the January 2, 2008 Planning and Zoning Commission meeting. Motion to accept the minutes of the December 4, 2007 Library Board meeting. C. Establish City Council meetingdates for 2008. City Council Minutes Monday, January 14, 2008 Page 2 of 18 Fehst noted a proposed change to remove the third Monday of the month work session. If there is need of a work session, which are open to the public, Council may choose to meet one hour prior to the fourth Monday regular City Council meeting. The regular work session is scheduled for the first Monday of the month at 7:00 p.m. Nawrocki thanked Counciltnembers for this consideration, which would allow him to attend the meeting of the civic organization he is involved in, and he considers this a personal favor. Fehst stated that a work session is scheduled for Tuesday, February 22 with the following agenda: 1. Sullivan Shores town-homes, 2. Maintenance code/emergency abatements. 3. Anoka County Sheriff's proposal for police services. Nawrocki requested a review of the time officers spend on individual calls. Fehst stated that Acting Chief Roddy did review the proposal and will be prepared to speak to this. 4. Point of Sale Consultants RFP's for basic safety and health requirements. Nawrocki asked what we did to get proposals, how other communities developed their ordinances, if they did so without consultants, and as this was not in the budget, what would be removed from the budget to go through this process. He stated that realtors have the responsibility of disclosure to potential buyers and they would like to pass that on to the City. 5. Jackson pond retaining wall concerns. 6. Review of final plans -Silver Lake Park and Sullivan Shores Park. Motion to accept the 2008 Work Session calendar as proposed. D. Appoint Mayor and City Manager to the Columbia Heights Firefighters Relief Association Board of Trustees for 2008. Motion to appoint the Mayor and City Manager to the Columbia Heights Volunteer Firefighters Relief Association Board of Trustees for 2008. E. Authorization to seek bids for 2008-2009 Diseased Tree Removal Program Nawrocki indicated that there is such a company in Columbia Heights and asked that they receive a request for proposal. Motion to authorize staff to seek bids for the 2008-2009 Diseased Tree Removal Program. F. Authorization to seek bids for 2008 Miscellaneous Concrete Replacement and Installation Project Motion to authorize staff to seek bids for the 2008 Miscellaneous Concrete Replacement and Installation Project. G. Approve Public Works Blanket Orders for 2008 Purchases. Nawrocki asked that a competitive bid from all possible suppliers be obtained. Motion to authorize staff to process blanket purchase orders in an amount not-to-exceed the 2008 budget amounts for: De-icing salt for salt/sanding operations purchased off the State of Minnesota Purchasing Contract, Fuel (unleaded and diesel) for City vehicles from the Anoka County Cooperative Agreement, and Bituminous Asphalt for patching/paving City streets and alleys from Commercial Asphalt or Bituminous Roadways or C.S. McCrossan. H. Adopt Resolution No. 2008-18 being a Resolution ordering Preparation of Feasibility Report(s) for Zone 1B, 2, and 3A Seal Coating Project #0801 Motion to waive the reading of Resolution 2008-18, there being ample copies available for the public. City Council Minutes Monday, January 14, 2008 Page 3 of 18 Motion to adopt Resolution 2008-18, being a Resolution ordering the preparation of a report for proposed Zone 1B, 2 and 3A Street Seal Coat Program, Project #0801. RESOLUTION NO. 2008-18 BEING A RESOLUTION ORDERING THE PREPARATION OF A REPORT FOR THE ZONE 1B, 2, AND 3A SEAL COAT PROGREIM CITY PROJECT - NO. 0801 WHEREAS, the City Council of Columbia Heights is proposing to rehabilitate local streets in Zone 1B, 2 and 3A that have not been rehabilitated under the street program. WHEREAS, the City Council intends to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section 103B.201 to 103B.251, as follows: 2008-01 ZONE 1B 2 AND 3A SEAL COAT PROGRAM NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Approve Liquor Store Project Change Orders and Purchases Fehst referred to the pipe fitters union protesting work being done at the new building. We require prevailing wage be paid on the project. The refrigeration contractor was required to prove payment of comparable wage. They were paying $5 more an hour than required of millwrights. The union felt the work was pipefitting work and should have been $1.50 more an hour. They wanted to make a point with this contractor. Nawrocki stated that we were not required to require prevailing wage, but we did on this project. Bill Elrite, Finance Director, stated that a contingency budget of $300,000 was suggested by the architect; with current change orders at $108,000. This request is for change orders for electric, HVAC, security items, changes to the monument sign, and changes to the signs on the building. Motion to authorize the Mayor and City Manager to enter into an agreement with Copeland Building Corporation for change orders totaling $47,596.56. Motion to rescind the previous authorization to purchase shelving from AA Equipment Company and authorize the Mayor and City Manager to enter into an agreement with Accent Store Fixtures for shelving and checkout counters in the amount of $55,390.25. Motion to authorize the Mayor and City Manager to enter into an agreement with Retail Information Technology Enterprises for the purchase of point of sale software in the amount of $29,717. J. Adopt Resolution No. 2008-19, being a Resolution supporting the Outdoor Recreation Grant Application of Anoka County for Kordiak County Park, Anoka County, Minnesota. Fehst stated this is for $300,000 in improvements, at no cost to us. Motion to waive the reading of Resolution No. 2008-19, there being ample copies available to the public. Motion to adopt Resolution No. 2008-19, being a Resolution supporting the Outdoor Recreation Grant Application of Anoka County for Kordiak County Park, Anoka County, Minnesota. City Council Minutes Monday, January 14, 2008 Page 4 of 18 RESOLUTION NO. 2008-19 A RESOLUTION SUPPORTING THE ANOKA COUNTY FEDERAL RECREATION TRAIL GRANT APPLICATION FOR TRAIL IMPROVEMENTS IN KORDIAK COUNTY PARK, ANOKA COUNTY, MINNESOTA WHEREAS, Anoka County is applying for a Federal Recreation Trail Grant from the Minnesota Department of Natural Resources for Trail Improvements to Kordiak County Park; and WHEREAS, Anoka County is committed to improving the quality of recreation facilities and enhancing natural resources within the county; and WHEREAS, the trails in Kordiak County Park, located within the City of Columbia Heights is in need of physical improvements; and WHEREAS, the City of Columbia Heights recognizes the recreational benefits of these improvements; and WHEREAS, protecting natural resources and providing open space is of high priority to the area residents and the City of Columbia Heights, NOW THEREFORE, BE IT RESOLVED, that the City of Columbia Heights supports Anoka County's Federal Recreational Trail Grant Application to the Minnesota Department of Natural Resources to fund trail improvements at Kordiak County Park. K. Request for Elected Official Out of State Travel -Nawrocki Motion to approve attendance of Counciltnember Nawrocki at the 2008 National League of Cities Congressional City Conference in Washington DC, March 8 to March 12, 2008, as budgeted monies are available and to authorize payment in advance for registration, airfare and lodging and provide reimbursement for meals and incidental costs in accordance with limitations and guidelines outlined in the city's policy for out-of--state travel by city employees. L. Approve reissue of rental license at 3806 Jackson Street. Motion to issue arental-housing license to Eric Russell to operate the rental property located at 3806 Jackson Street N.E. in that the provisions of the residential maintenance code have been complied with. M. Approval of the attached list of rental housin~~license applications. Motion to approve the items listed for rental housing license applications for January 14, 2008. N. Approve Business License Applications Motion to approve the items on the business license agenda for January 14, 2008 a presented. O. Approve payment of the bills. Motion to approve payment of the bills out of the proper fund as listed in the attached check register covering Check Number 123991 through Check Number 124415 in the amount of $3,985,709.56. Motion by Williams, second by Kelzenberg, to approve the Consent Agenda items as presented. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 2nd Reading: Ordinance 1534 for the Rezonin og_f Property at 4438, 4442 and 4446 Central Avenue. Motion by Diehm, second by Williams, to waive the reading of Ordinance No. 1534, there being City Council Minutes Monday, January 14, 2008 Page 5 of 18 ample copies available to the public. Nawrocki officer of this organization abstained from the votes. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, abstain; Peterson, aye. 4 ayes -one abstention. Motion carried. Motion by Diehm second by Williams, to adopt Ordinance No. 1534, rezoning the properties located at 4438 Central Avenue, 4442 Central Avenue, and 4446 Central Avenue from "Limited Business District" to "General Business District". Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, abstain; Peterson, aye. 4ayes -one abstention. Motion carried. ORDINANCE 1534 BEING AN ORDINANCE PERTAINING TO ZONING AND DEVELOPMENT ORDINANCE NO. 1428, PERTAINING TO THE REZONING OF A CERTAIN PROPERTIES LOCATED AT 4438, 4442 AND 4446 CENTRAL AVENUE NE SECTION l: WHEREAS, the City of Columbia Heights' Zoning Code encourages the gradual elimination of nonconformities; and WHEREAS, the rezoning of the subject parcels will bring an existing use into compliance with the Zoning Code; and WHEREAS, the City of Columbia Heights recognizes Central Avenue is a major commercial corridor in the City and Comprehensive Plan goals focus on Central Avenue redevelopment; and WHEREAS, the City of Columbia Heights recognizes that the LB. Limited Business District zoning is restrictive in the types of commercial uses it allows along Central Avenue; and WHEREAS, rezoning the subject parcels from LB, Limited Business District to GB, General Business District provides a common ground for land use regulation for all businesses along Central Avenue; and WHEREAS, the rezoning is consistent with the City Comprehensive Plan, as amended by Resolution 2007-133, and is in the public interest and not solely for the benefit of a single property owner; and BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of the proposed rezoning from LB, Limited Business District to GB, General Business District. SECTION 2: This ordinance shall be in full force and effect from and after 30 days after its passage. B. Bid Considerations Acceptance of bids and award of Sewer Televising_Inspection System to Cues of Orlando, Florida. Peterson asked how an out of state contractor could get the bid. Hansen stated that there were three bids received and in this case the company bid rather than the local vendor. Motion by Williams, second by Diehin, to accept bids and award the contract for the purchase of a Sewer Televising Inspection System to Cues of Orlando, Florida in the amount of $116,000 for the base bid and accepting Alternate 1 in the amount of $9,150 for a total contract of $125,150; and, authorize Mayor and City Manager to enter into a contract for the same and to appropriate funds from the Sewer Capital Equipment Replacement Fund. Upon vote: All ayes. Motion carried. C. Other Business 1. Adopt Resolution No. 2008-20, being a Resolution in support of building one ~vtn with city money at the site of School District #13 on 49th Avenue. Fehst referred to all the time spent on this project by committee members and indicated the Councihnember's appreciation to the Community Center Advisory Committee. He stated that staff will enter discussions with the YMCA for a possible partnership. Fehst read Resolution No. 2008- City Council Minutes Monday, January 14, 2008 Page 6 of 18 20, being a Resolution in support of building one gym, with city money, at the site of School District #13 on 49th Avenue. Nawrocki stated his pleasure to see this resolution. He is on record as opposing Council action to build a community center without a referendum, and in favor of a second gym at the High School, as it is a cost effective action. This does not say we will build a second gyro, but attempt an agreement on a Joint Powers Agreement. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2008-20, being a Resolution in support of building one gyro with city money at the site of School District #13 on 49th Avenue. Dielun wished to express the Council's appreciation to the citizens that worked on the committee. This resolution shows our commitment to work with the School District. Diehm indicated that she looks forward to the progress reports. Dorothy Penate, 4900 Jackson Street, stated that she served on the committee and indicated her commitment from the beginning to work with the high school. She indicated her pleasure that the City Council is taking this step and her desire that the community reach their needs, including a public safety building. Peterson stated that Councilmembers are excited about this step forward in the right direction. The new School Superintendent is wonderful to work with and the School Board is interested in this. This will give our youth a place to go. Peterson indicated his desire that citizens feel comfortable to use the facility also. Upon vote: All ayes. Motion carried. RESOLUTION N0.2008-20 RESOLUTION IN SUPPORT OF BUILDING ONE GYM WITH CITY FUNDS AT THE SITE OF SCHOOL DISTRICT #13 ON 49TH AVENUE Whereas the Columbia Heights City Council (CHCC) has spent the last several years analyzing the need for additional gym space, and Whereas the CHCC established a 36 member Activity Center Advisory Committee (ACAC} on April 10, 2006 to assess the need for this gym space and additional community activity space to include swimming pools, weight room and exercise machines, etc., and Whereas the ACAC has spent countless hours and has done an excellent job in assembling a number of viable alternatives and ultimately determined and forwarded its recommendation to the CHCC on December 17, 2007, and Whereas the CHCC has had independent discussions with the Metro Area YMCA and, in fact, had entered into acost- sharing arrangement to consider the viability of building a joint facility with the City here in Columbia Heights to include a gym(s) and swimming pools typical of other suburban YMCA projects, and Whereas, the CHCC has had on going discussions with Columbia Heights School District #13 over the past year about the possibility of adding one additional gym to their proposal to build one gym at the Columbia Heights High School, and Whereas, at this time, the City Council has had adequate time and resources using due diligence to weigh the various alternatives, and Whereas the CHCC, in weighing its decision, has considered desired service levels of the various alternatives, site selection, cost in order to maximize limited resources, the timing and the immediacy of need of some of the basic gymnasium space that initiated these independent studies, and City Council Minutes Monday, January 14, 2008 Page 7 of 18 Whereas, in order to optimize all of these factors in serving the needs of all of Columbia Heights citizens. Now therefore, the Columbia Heights City Council agrees to proceed in the following ways: 1. The CHCC directs the City Manager and appropriate staff (Recreation, Public Works, Community Development, Finance) to proceed to negotiate with the administrators of School District #13 and the consultants selected previously by the School District to add one additional gymnasium to the site selected by the School District at the North end of the High School property at 49`h Avenue. The negotiations with District #13 should result in a Joint Powers Agreement that is mutually agreeable to both parties (the City and the District) and that ultimately accrues to the benefit of all the citizens of Columbia Heights. 2. The CHCC directs that Mayor Gary L. Peterson be appointed as the Council representative to the administrative team of the City and any joint committee of school district and city officials to review and ultimately to submit the Joint Powers Agreement to the City Council for approval. 3. It is the CHCC's intent to proceed as judiciously as possible to the successful completion of this construction project for both the Council and School District. To that end, the Council is to be kept apprised through regular progress reports on the resolution of issues in the Joint Powers Agreement. 4. Finally, it is the CHCC's hope and desire to see this project built. Ultimately, the totality of the project will include two new gyms, upgraded men's and women's locker-rooms, a relocated exercise space and upgraded swimming pool facilities. A successful project, in the Council's mind, would allow the most flexibility and reg atest utilization in the use of all of these facilities by the citizens of Columbia Heights. Ongoing operational costs should be addressed in the agreement based on usage, space, etc. Whatever ultimate oversight committee structure is determined to review and approve budgets for this combined facility, District #13 and the Columbia Heights City Council both recognize the opportunity and the responsibility to create and operate this space in the public's interest. We should, and will attempt in good faith, to work through differences both now and in the future to make this facility a source of community pride and an example to all citizens of this successful collaboration. Public Safet fy acilit~pdate Fehst stated that the City Council discussed the possibility of working with the YMCA for one of their facilities and to find if they are interested to build in our town. It is our intent to meet with them to discuss their "premier" site, which is also a premier site for the public safety facility. Staff has been asked to work with Buetow and Associates on elevation concerns at the NEI site. We would not be locked into this firm for final plans and design. PUBLIC HEARINGS A. Declaration of a nuisance and abatement of violations within the City of Columbia Heights _s requested regarding_property at: • 4217 Central Street, Resolution 2008-03 -Fire Chief Gary Gorman indicated the need to repair soffit and facia. • 5045 Johnson Street, Resolution 2008-04 -Gorman stated there are damaged garage panels and other repairs necessary. • 4044 2nd Street, Resolution 2008-OS -Gorman indicated there is outside storage on the property. Nawrocki questioned if that includes the boats on the driveway. Gorman stated that if they are on the driveway they are ok. • 1220 42- % Avenue, Resolution 2008-06 -Gorman stated there is a collapsed retaining wall and the property is vacant. Nawrocki stated the house is for sale and asked what happens if the ownership is changing. Gorman stated that anything written up on the property has to be disclosed to the buyer. The abatement will be done regardless of their process. 4641-43 Taylor Street, Resolution 2008-07 -Gorman stated there is outside storage on the property. This type of item would be included in the proposed emergency abatement requiring removal in 72 hours. City Council Minutes Monday, January 14, 2008 Page 8 of 18 • 4040 2nd Street, Resolution 2008-08 -Gorman stated there is outside storage on the property. • Resolution 2008-09 -removed • 1308-10 Circle Terrace Boulevard, Resolution 2008-10 and 1316-18 Circle Terrace Boulevard, Resolution 2008-11 -Gorman stated that these two properties are in foreclosure. We received a call of water running from frozen pipes from 1316-18 Circle Terrace Boulevard. There were natural gas smells. Two of these units were unsecured. Deb Johnson, 4626 Pierce Street, asked if the repairs are taken care of administratively and if a follow up report could be given when completed. Gorman stated that could be done on large abatements. Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of Resolution Numbers 2008-03, 2008-04, 2008-05, 2008-06, 2008-07, 2008-08, 2008-10, 2008-11 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution Numbers 2008-03, 2008-04, 2008- 05, 2008-06, 2008-07, 2008-08, 2008-10, 2008-11, a resolution of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. Resolutions may be found at the end of this document. B. Revocation of the license to operate a rental unit within the City of Columbia_Heights is requested against rental properties at: • 4901 5th Street, Resolution 2008-12 REMOVED • 1200 Circle Terrace, Resolution 2008-13 -Gorman stated the property owner has not submitted their application and have not scheduled an inspection. • 941 45th Avenue, Resolution 2008-14 -Gorman stated the property owner has not submitted their application and have not scheduled an inspection. • 1000 Peters Place, Resolution 2008-15 -Gorman stated that this license was revoked at the end of last year. These are additional items requiring repair. A contract for window replacement was received today. He suggested tabling this Resolution for one month to see if the work is completed. The original 60 days is expired to vacate the building, but that has not been enforced. Peterson reiterated the understanding that this building should then have new windows in three weeks. Peterson questioned the status of current residents. Gorman stated that we could tag the owners for having residents in an unlicensed facility. Jim Hoeft, City Attorney, indicated that tabling the property is the best approach. It can be tabled to the next meeting, even though we know the contract will not be complete. Motion by Williams second by Kelzenberg to table. Upon vote: All ayes. Motion carried. • 1272-74 Circle Terrace Boulevard, Resolution 2008-16 -Gorman stated that the front steps need repair, as do some storm windows. Ken Williams, 1272 Circle Terrace, stated that the property went up for Sheriff s sale this morning. Peterson indicated that if revocation is approved, it would allow 60 days before it is illegal to live in the building. Gorman stated that the Sheriff's sale allows for a six month redemption. We normally do not tag or evict the tenants, however if the utilities are not paid they would be removed. Williams stated that they pay their own utilities. Gorman listed contacts to seek legal advice. Hoeft stated there are two different issues; with the foreclosure, they should City Council Minutes Monday, January 14, 2008 Page 9 of 18 contact a housing service, and for the revocation there is a 60 day period and the rental rights can be revoked. Nawrocki asked the attorney to suggest specific legal services. Hoeft indicated the JudiCare Service at Anoka County. There are other options from the County Bar Associations, State of MN, etc. Gorman stated that the Attorney General's Office also has information available. Diehm gave him a phone number to contact for help. Nawrocki questioned who the renters pay the rent to during the redemption period. Hoeft stated that it should be paid to the owner during that time or there are other options, such as through the court system. Hoeft suggested the renter call the number given to him and obtain the pamphlet described. • 657 47th Avenue, Resolution 2008-17 -Gorman referred to decking issues. They have contacted us and can receive a seasonal extension, as most of the wood has been replaced. The tree stump was not removed. They indicate it was difficult to find someone to remove the stump this time of year. Mrs. Le, owner of the property, indicated that she contacted three or four stump companies and were unable to get the work done. She obtained additional names from the fire deparhnent and has called some of them. Some companies do not do this type of work in the winter. She indicated that the deck was repaired. Gorman suggested tabling this item. Kelzenberg suggested a seasonal extension. Motion by Williams, second by Kelzenberg, to table license revocation of 657 47`h Avenue, Resolution No. 2008-17, to the next meeting. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to close the public hearing and to waive the reading of Resolution Numbers 2008-13, 2008-14, 2008-16, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution Numbers 2008-13, 2008-14, 2008-16 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A} of the rental licenses listed. Upon vote: All ayes. Motion carried. Resola~tions may be found at the end of the document. ADMINISTRATIVE REPORT Report of the City Manager • Staff will meet with YMCA representatives this week. Nawrocki requested that when the City Manager is out of town, that he notify members before he leaves, not when he leaves. There was a story in the Metro Council newsletter regarding matching grants for local spending to disconnect sanitary sewer drains. He indicated that we should try to take advantage of the program. Fehst stated there have been other articles on disconnects and he will talk to Hansen on this. Report of the City Attorney -nothing to report. CITIZENS FORUM City Council Minutes Monday, January 14, 2008 Page 10 of 18 Bob Odden, 1201 42'h Avenue, spoke of foreclosures being a problem. He referred to government greed to tear down buildings and build bigger ones for tax purposes. He referred to the city taking his tax money for TIF and for condos that don't sell and then are rented. The high foreclosure rate is because of politicians that do not understand the market. Columbia Heights should be family oriented and affordable. Nawrocki asked Mr. Odden if he was referring to abatements. Odden stated he is referring to foreclosures in general. Nawrocki stated it is a problem that rents have come down, and people depended on values increasing. Nawrocki indicated that no more than five percent of the units in the old industrial park project are allowed to be rental. The city has limited ability to influence the price of homes. COUNCIL CORNER Kelzenberg • Read an item from the Green Sheet regarding the excellent response from our officers. • Hope everyone has a happy new year. Williams • It is a shame that Mitch DeMars passed and he will be missed. Reminded us that the young may die, old must die. We need to take live seriously, but also enjoy life. • Glad the resolution to work with the school passed, we need to work with our schools for our children. • We have to take pride in our city. When he began on the Council there was division between the City and the School District. Stated his pleasure with this progress. • Excited to hear that the Library is excited to work with our vision of a Public Safety building. There is no need for a referendum. Why worry about what has not been decided. • Wished everyone a healthy, prosperous new year. Diehm Important that we publicize school events. She and Nawrocki attended the performance of "You Can't Take It With You". Encouraged attendance of school events. Was appointed to the Met Council's Land Use Committee. The purpose is for insight from different regions and to bring information back to the city councils regarding land issues. Nawrocki • Respectfully disagreed regarding a possible referendum for a community center, as citizens have strong feelings about this, including how it would be financed with bond issues that preclude referendums. • Represents the city on the NorthStar Rail committee. This is moving along and maybe in operation by 2009. There will be limited access of service for Columbia Heights, but we will be required to pay the taxes to fund it. • Attended annual legislative meeting with four local Chamber of Commerce's present. State Representative Carolyn Laine was in attendance. Health. care was discussed. Also discussed was the Free2B program, which helps single mothers by giving them donated cars. 37 percent of those helped in Anoka County come from Columbia Heights. • Attended a meeting on transportation last week, which indicated the need for about $4 billion and indicated that the State has a $3 to $4 million estimated budget shortfall. City Council Minutes Monday, January 14, 2008 Page 11 of 18 • Indicated strong feelings about the fiscal concerns of our cot-ninunity and looks to staff to make recommendations with pertinent information on the expenditures to use the most cost effective methods available. Peterson • Re: economic concerns -staff does the best job that can be done obtaining bids, etc. • Remember our service men and women. Thank them for their service to our country. • Do a random act of kindness and don't take yourself too seriously. 11. ADJOURNMENT Mayor Peterson adjourned the meeting at 8:48 p.m. atricia Muscovitz CMC City Clerk RESOLUTION 2008-03 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Steven A. Boyd (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4217 Central Avenue N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on December 13, 2007 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on September 18, 2007 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 1, 2007 and again on November 6, 2007 the homeowner called and requested and was granted time extensions to complete repairs. 3. That on December 13, 2007 inspectors re-inspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 4. That on January 3, 2008 inspectors reinspected the property and found that one violation remained uncorrected and gave a seasonal extension on the other violation. 5. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall repair the soffit and fascia that is falling off and rotten 6. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4217 Central Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4217 Central Avenue N.E. constitutes a nuisance pursuant to City Code. City Council Minutes Monday, January 14, 2008 Page 12 of 18 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2008-04 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by James J. Dalkaf (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 5045 Johnson Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on November 26, 2007 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on October 11, 2007 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on November 26, 2007 inspectors re-inspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on December 28, 2008 inspectors reinspected the property and found that two violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall repair the damaged garage panels and shall repair the corners of the garage on the southwest side S. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at S04S Johnson Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at S04S Johnson Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall. be served upon all relevant parties and parties in interest. RESOLUTION 2008-OS Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Kelly Knoph (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4044 2"`~ Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on November 26, 2007 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on November 1 S, 2007 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on November 27, 2007 inspectors re-inspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. City Council Minutes Monday, January 14, 2008 Page 13 of 18 3. That on January 2, 2008 inspectors reinspected the property and found that two violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove alUany outside storage from the property 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4044 2nd Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4044 2"d Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2008-06 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Wilfred Cooke (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1220 42- '/z Avenue N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on November 26, 2007 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on October 17, 2007 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on November 26, 2007 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on January 2, 2008 inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall repair or replace the retaining wall in the back yard that has collapsed. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 1220 42-''/z Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 1220 42-''/z Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2008-07 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Riaz Shad (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4641-43 Taylor Street N.E. Columbia Heights, Minnesota. City Council Minutes Monday, January 14, 2008 Page 14 of 18 And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on December 13, 2007 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on November 28, 2007 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on December 13, 2007 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on January 3, 2008 inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove all/any outside storage from the property. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4641-43 Taylor Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4641-43 Taylor Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2008-08 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Jose M. Romero (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4040 2"d Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on November 27, 2007 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on November 15, 2007 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on November 27, 2007 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on January 2, 2008 inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove alUany outside storage from the property. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4040 2"d Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. City Council Minutes Monday, January 14, 2008 Page 15 of 18 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4040 2"d Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2008-10 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Ron Holmes for Homeowners Education Family Trust #342 (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1308-10 Circle Terrace Blvd. N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on January 8, 2007. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on January 5, 2008 the Fire Department responded to the property next door on an emergency call. While next- door firefighters smelled natural gas between the buildings located at 1310 and 1316 Circle Terrace Blvd. Upon further investigation firefighters found the 1310 side vacant and unsecured. Firefighters made entry into the structure to try and locate the source of the natural gas smell. Once inside the tenant from the 1308 side approached the firefighters and verified that no one lived in the 1310 side. 2. That on January 5, 2008 the Fire Department called the responsible person for the property and advised him of the situation. Mr. Ron Holmes stated that the buildings were in the foreclosure process and he would not respond out to secure the buildings. The Fire Department contacted the Public Works on-call personnel whom responded and boarded up the structure to prevent access to the 1310 side. 3. That on January 7, 2008 the Fire Department, under the Building Officials authority, posted the 1310 side uninhabitable. The Public Works Department was contacted and could not shut the water off at the stop-box to this building due to the building being occupied. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: Approve the immediate abatement of the uninhabitable structure located at 1310 Circle Terrace Blvd. N.E. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of t11e City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 1310 Circle Terrace Blvd. N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 1310 Circle Terrace Blvd. N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2008-11 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Ron Holmes for Homeowners Education Family Trust #342 (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1316-18 Circle Ten-ace Blvd. N.E., Columbia Heights, Minnesota. City Council Minutes Monday, January 14, 2008 Page 16 of 18 And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on January 8, 2007. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on January 5, 2008 the Fire Department responded to the property listed above for water flowing out of the structure. On scene firefighters noticed water flowing from the home. The structure is listed in Fire Department records as vacant and firefighters found the 1318 side open and unsecured. Firefighters had to force entry on the 1316 side to gain access to the water meter and shut off the water to the building. The building was not winterized and numerous water pipes were broken. 2. That on January 5, 2008 the Fire Department called the Public Works on-call personnel whom responded and boarded up the structure to prevent access. 3. That on January 7, 2008 the Fire Department, under the Building Officials authority, posted the buildings uninhabitable. The Public Works Department was contacted and shut the water off at the stop-box. While at the property it was determined that the due to the amount of water in electrical fixtures the power to the structure should be shut off. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: Approve the immediate abatement of the uninhabitable structure located at 1316-1318 Circle Terrace Blvd. N.E. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 1316-1318 Circle Terrace Blvd. N.E.is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 1316-1318 Circle Terrace Blvd. N.E constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2008-13 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Michelle Kelly (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1200 Circle Terrace Blvd. N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on December 17, 2007 of an public hearing to be held on January 14, 2008. 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 November 29, 2007, inspection office staff sent a letter requesting the new owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on December 17, 2007, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to submit a rental license application and failure to schedule a rental license inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). City Council Minutes Monday, January 14, 2008 Page 17 of 18 ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U1200 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2008-14 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Maria Valdez (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 941 45`h Avenue N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.40$(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on December 13, 2007 of an public hearing to be held on January 14, 2008. 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 November 29, 2007, inspection office staff sent a letter requesting the new owner of the property to license the rental property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on December 13, 2007, inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to submit a rental license application and failure to schedule a rental license inspection. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number U941 is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2008-16 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Mike Sowers (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1272-74 Circle Terrace Blvd. N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on December 17, 2007 of an public hearing to be held on January 14, 2008. 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 October 1, 2007, inspectors for the City of Columbia Heights, inspected the property described above and noted five violations and on November 15, 2007 inspectors inspected the property, after receiving a complaint, and found one violation. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. City Council Minutes Monday, January 14, 2008 Page 18 of 18 2. That on December 11, 2007, inspectors for the City of Columbia Heights, performed a fmal inspection at the property and noted one violation remained uncorrected from the initial license inspection. Inspectors noted that one violation from the subsequent complaint inspections remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on January 4, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that two violations remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Shall repair the step in the front that is falling apart, several storm windows are not complete and provide necessary components to fix the windows. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8816 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder.