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HomeMy WebLinkAboutMarch 24, 2008OFFICIAL PROCEEDINGS CITY illi' COLU1vIiiIA I~EICsriTS CITY COUNCIL MEETING MARCH 24, 2008 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, March 24, 2008 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. Approved Resolutions and Ordinances may be found at the end of this document. CALL TO ORDER/ROLL CALL/INVOCATION Jeremiah Rice, Associate Pastor Youth and Young Adults -Oak Hill Baptist 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 indicated the following: • Remove tabled Resolution 2008-47 for 600 515` Avenue in that the property has been brought into compliance. • Remove Resolution 2008-60 for 3823 Polk Street NE in that the property has been brought into compliance. • Remove Resolution 2008-55 for 971 39`" Avenue NE in that the property has been brought into compliance. • Address the Sullivan Shores Public Hearing items immediately following the Consent Agenda. Dorothy Penate, Sister Cities' member, is here to speak on their upcoming fund raiser. Councilmember Nawrocki requested to add: salary adjustments discussed at the last meeting, the pedestrian bridge at 49`" and Central, and Channel 16. Peterson indicated that the salary adjustments were addressed at the last meeting. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS AND ~I1F~'TS A. Peterson introduced Konrad Zeller, exchange student from Stuttgart, Germany, that is staying with the Tami Diehm family. Peterson presented Konrad a certificate of welcome. Konrad stated that "it is nice here and the school is cool." Councilmembers asked Konrad questions about his visit and his country, which he answered. Peterson read a news release on the upcoming Sister Cities Young Artist's contest to be held at Murzyn Hall on April 7`", with the theme of "Reflections of your community". Dorothy Penate, Sister City Committee, and the Chair of this Fundraiser, indicated that last year $5,900 was raised for our Sister City, Lomianki Poland, children's hospital. The event will be held on April 20, from 4:00 to 7:00 p.m. at Murzyn Hall. Penate gave the background of our Sister City relationship with Lomianki, Poland. The event will be sponsored by Jeffls Bobby and Steve's Auto World. Penate requested donated items for the silent auction. She also complimented Councilmembers on moving forward to build a gym and public safety building. Ciry Council Minutes ~ r__a,... u,r.._..~. ~n ~nno ivivuuay, iviai~u ~.T, ~~~~ Page 2 of 18 CONSENT AGENDA Fehst took Councilmembers through the consent agenda. A. Approve minutes of the March 10 2008 Columbia Hei ht_~ s City Council meeting. -Removed B. Approve the minutes of the March 14 Special City Council meeting. Motion to approve the minutes of the March 14, 2008 Special City Council meeting. C. Establish a City Council Work Session meeting on Monday March 31, 2008 at 7:00 p.m. Fehst listed the items for discussion: 2008 Water main cleaning and lining; review Watershed Management Joint Powers Agreement; public safety facility; and the Mayor's compensation, which has not changed in ZO years. Motion to establish a City Council Work Session meeting on Monday, March 31, 2008 beginning at 7:00 p.m. in Conference Room 1. D. Approval of the attached list of rental housing license applications in that they have met the requirements of the Residential Maintenance Code. Motion to approve the items listed for rental housing license applications for March 24, 2008. E. Approve Business License Applications Nawrocki questioned if the wine and beer license dollar amount was correct at $60. Fehst indicated that amount is an error. Diehm questioned the number of beer and wine licenses currently issued. Diehm requested to remove the Rama Enterprises restaurant beer and wine request. Motion to approve items as listed on the business license agenda for March 24, 2008, with the exception of the R ama Enterprises request. F. 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 125104 through Check Number 125281 in the amount of $1,148,934.74. Motion by Nawrocki, second by Diehm, to approve the Consent Agenda items with the exception of item A -March 10 meeting minutes and the beer and wine license for Rama Enterprises. Upon vote: All ayes. Motion carried. A. Approve minutes of the March 10 2008 Columbia Heights City Council meeting. Nawrocki stated that he had requested to have the wage related items be held for discussion at this meeting. He indicated that the City Manager stated the recommendations were within the parameters set by the Council. There was only discussion at a work session. He stated that when others attended the NLC Conference, the meeting was cancelled; he did not request the meeting be cancelled, but have the one item pulled so he could participate in the discussion. Present salary information was not presented, comparable information relative to salaries of similar positions in other cities of our size were not given, information. on adjustments in comparable cities was not given, there was not clarification as to which City Clerk position was being adjusted, and there was no performance review of the City Manager, He indicated the action was premature. City Council Minutes x ,r__a__. a,r___r_ n~ ~nno 1V1V11Udy, 1V1d1411 G`F, GVVO Page 3 of 18 Diehm stated the parameters discussed were from an executive session, which is different from a work session. Motion by Diehm, second by Williams, to approve the minutes of the March 10, 2008 Columbia Heights City Council meeting. Upon vote: All ayes. Motion carried. A. 2nd Reading: Ordinance 1539, Establishing Sullivan Shores Housing Improvement Area Scott Clark, Community Development Director, referred to the establishment of a housing improvement area, and taxable general obligation bonds (GO) to do rehabilitation work of $2,785,000. This is continuation. of that process. The second reading of the ordinance sets up the statutory authority for the City to do a fee resolution to call for the special assessment on the property. Establishment of the fee resolution sets a maximum at $42,285 per housing unit. The third action would be the issuance and sale of the bonds. Clark indicated the process has strict guidelines, which allows residents to question the process. A summary resolution explaining the process will be sent to all homeowners tomorrow. There will be a 45 day grace period. If 35 percent of the homeowners petition the City, the action would be vetoed. Following this would be a 30 day period that individual families can elect to pre-pay the assessment or a partial payment if it is 25 percent of the minimum. There would then be a development agreement brought before the City Council. There would be an estimated bond sale date of June 23rd, with the work beginning on June 24th. Payment to them would be approximately mid-July. The $2,785,000 is a "not to exceed" number. Clark indicated that Steve Bubul of Kennedy and Graven and Mark Ruff of Ehlers and Associates were present to answer any questions. Nawrocki ask the percent of the residents that signed in support of this project. Scott indicated that 91 percent signed the petition. Nawrocki asked if there could be a petition to halt this process. Clark stated that if 35 percent of the housing units petitioned the city within the next 45 day period it would veto the action. Nawrocki questioned the time length of the bond and interest. Clark stated this is a 15 year bond. Nawrocki referred to construction costs and capital interest. Clark stated that the $43,000 amount is the beginning amount to be assessed. Whatever the interest rate is, it will be paid over the life of the bond. Nawrocki stated that unless the homeowner pays this up front they will pay anore than $42,000. Clark agreed that they will pay the assessment amount plus interest. Nawrocki stated that this could be $60,000 if not paid until the end of the 15 years. Clark indicated that the Association has met with their members and communicated these items. After tonight they will receive a summary of the actions taken. Dwayne Rosenberg, Vice-Chair of the Sullivan Shores Association, 638 Sullivan Lane, stated that there have been meetings held, and unit owners realize there is work that needs to be done to get at the underlying problems. It is understood that when you take a loan, you pay the interest. This General Obligation bond would give owners a good option to pay for improvements. Williams thanked the association members for the professional way this has been handled, and stated his wish that others in the community would come together to preserve their homes. Peterson agreed, and after seeing the pictures of the water intrusion indicated his understanding that this needs to be done. The City is happy to work with the owners to solve the problems. Sullivan Shores is a beautiful place. Deb Johnson., 4626 Pierce Street, stated her memory of the area as a swamp and questioned if City Council Minutes w,r,...a,._. rR......u ~~ ~nno tvivuuay, iviatvu ~-r, cvv~ Page 4 of 18 that was the problem. Peterson stated the problems are from faulty construction. Johnson asked why this is the City's business, even though there is no risk to the city. Peterson stated that this would allow all the units to be fixed up at one time, rather than on an individual basis. Johnson stated that banks should address allowing groups to do this. Fehst gave the history of a similar situation in Hopkins. We may have similar requests, so we are concerned that this is handled properly. Johnson asked if this would show as a liability to the city. Fehst stated that it is not against our full faith in credit limit of three percent. Nawrocki indicated that the City will receive $75,000 for administrative costs. We do give money to the Greater Metropolitan Housing Corp. for community improvements. He reiterated his concerns about this building before the project began and indicated his sorrow that this has come to pass. Fehst stated that re-roofing of the units may have been partially the cause. Peterson indicated the window design used for everyone in that time period was changed, and we can not accuse any one builder. We have to rectify the problems. Motion by Williams, second by Kelzenberg, to waive the reading of Ordinance No. 1539, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to Adopt Ordinance No. 1539, an Ordinance Establishing Sullivan Shores Housing hnprovement Area. Upon vote: All ayes. Motion carried. B. Adopt Resolution 2008-62, Housing Improvement Fee for Sullivan Shores Housing Improvement Area. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2008-62, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to Adopt Resolution 2008-62, being a Resolution approving a Housing Improvement Fee for Sullivan Shores Housing Improvement Area. Upon vote: All ayes. Motion carried. C. 1st Reading Ordinance No. 1540, Issuance and Sale of Taxable G.O. Housing Improvement Area Bonds Series 2008A Motion by Williams, second by Kelzenberg, to close the public hearing and waive the reading of Ordinance No. 1540, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to set a Public Hearing for the second reading of Ordinance No. 1540 for approximately 7:00 pin on April 28, 2008. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions First Reading of Ordinance 1541, Issuance and Sale ofNon-taxable G.O. Public Safetv Center Bonds Series 2008B Fehst stated that Mark Ruff of Ehlers and Associates, our financial consultant and Steve Bubul of Kennedy and Graven were present to answer questions on the borrowing of funds for the project on 41S` and Jackson, the old NEI site. Also requested is the award of design plans for the public safety building to Buetow and Associates and construction manager to EDA and Associates. Fehst referred to project testimonials of work they both have completed. City Council Minutes ivivnuu`y, iviaiiu c~.-^r, ~7,.vvQu Page 5 of 18 Mark Ruff stated that there is a provision in the City's Charter which allows for a reverse referendum process. That ability to bring forth a petition would be over on May 17, 2008. It also states that the bonds must be sold within 60 days of the termination of that period, leaving a narrow window to plan a project. An option to consider is to sell the bonds in July, with the understanding that if the bids come in and the bonds are not enough to pay for the facility we would have to have cash or go through another process later on to sell additional bonds. By July there will be a better understanding of what the costs would be. He stated that Bubul and staff has structured the ordinance so there is flexibility on the use of bond proceeds for the facility and site improvements. The second option would be to sell a bond for a lesser amount, knowing you would go through the process again for a smaller amount in 2009, allowing for change orders. The City's Charter is very specific and unusual far date of bond sale limitations. Fehst questioned if there is no statutory authority that would preempt that, as sometimes the Charter is out of date. Bubul indicated it is an unusual feature of the Charter to approve bonds by ordinance. Most charters only require a resolution. It might be worth reconsidering. Nawrocki stated that he would oppose making the Charter less restrictive, as it is too easy for the city to accrue debt now. He questioned why the amount is now $11,500, as it previously was $10,500. It was indicated there could be $600,000 to $700,000 in savings on the architectural fees. Fehst indicated that the site was purchased for $600,000 and there is a question about replenishing the economic development money spent on the site. This would only be $400,000 over the architect's estimate. It would be up to the City Council if they wish to replenish the community development fund. Nawrocki stated that we have already paid this architect a lot of money for this project. The down turn in construction should allow savings. We should also look at fiscal agent proposals. Our last change represented a savings. Nawrocki questioned "bank qualification". Bubul indicated that this is where a city can sell bonds that banks are eligible to buy, but no more than $10 million in a year. The only way to avoid that would be to split the project over two years. Nawrocki stated the bond would be for 27 years and the interest more than doubles the project. Fehst stated that the new facility should last 75 years. Nawrocki referred to the newspaper article indicating the cost would be $45 a month, which was incorrect and should have read $45 a year. Fehst stated that the larger bond amount would result in an additional $10 a year on a $194,000 home. Williams commended the Mayor and City Manager on the excellent jab they did negotiating these contracts. Nawrocki stated dissatisfaction that the design architect did not give information on comparable facilities and only exterior drawings were received. Fehst again indicated that Buetow and Associates have completed over 140 plans, specs and buildings, primarily police and fire facilities. The initial contract was for site plans. Nawrocki stated concern about getting the information out to the public. Peterson indicated that public meetings are part of the proposal. Bill Roddy, Interim Police Chief, indicated that the architect and construction manager have solicited input from both departments, are receptive to comments, and want to ensure the building has the ability to absorb the needs of the future. Everyone is concerned about cost. We, as employees, are looking for a facility that will be usable now and into the future. The impact on taxpayers has been everyone's concern. Peterson stated that Roddy is not only a 30 year employee, but has lived here his whole life and is a taxpayer. Tim Utz, 556 40th Avenue NE, commented on the liquor store change orders and delayed completion time, and his pleasure that a construction manager will be used. Be sure to take the time necessary to have complete plans before the project is bid. Don't cut corners on the project, City Council Minutes xT.....t,... x,r,.-,.~. n~ ~nno LVl VltttG'', 1V1U1411 L~~ GVVU Page 6 of 18 spend the right amount of money, no matter what it is. Do it right the first time. Allow the new police chief input in the process. Utz thanked the City Council for building nice facilities. The new liquor stores spruced up the town. Do it right the first time. Diehm stated that cost consideration has always been at the forefront. One of the first areas considered was Heritage Heights, but the cost was prohibitive. It is important to note that cost has been a serious consideration all through this process. We want to be a good steward of the citizen's tax money. Motion by Diehm, second by Williams, to waive the reading of Ordinance 1541 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehin, second by Williams, to schedule April 14, 2008 at approximately 7:00 p.m. in the City Council Chambers for the second reading of Ordinance 1541, being an ordinance providing for the issuance and sale of approximately $11,500,000 in General Obligation Public Safety Center Bonds, Series 2008B. Upon vote: All ayes. Motion carried. Nawrocki indicated that at the National League of Cities conference he met with members of Congress regarding possible Federal funding sources for this project. Energy conservation legislation was also discussed. Congress members Ellison, Coleman, and Klobuchar may tour our facility. B. Bid Considerations -none C. Other Business Authorize the Mayor and City Manager to enter into a contract with EDS for construction management services on the proposed Public Safety Facility. Fehst stated this is a proposal to award the contract to EDS. There where three proposals taken from EDA, Krause-Anderson, and Bossardt. The offer from EDS was a substantial savings at $286,960. Fehst listed staff members present at the presentations. Fehst gave the background of Doc Smith of EDS, which included his work with Adolph-Peterson. EDS project booklets were distributed for review. Fehst stated that Smith has five independent engineers and the Adolph Peterson Company to back him, if needed. Nawrocki asked if the contract is limited to twelve months. Fehst stated that it is not limited, but if the project is completed in ten months there would be a savings to us. Doc Smith described the timeline: development about five months, bid period -one month, breaking ground by October 1, 12 months of construction, and one month for finalization. Williams questioned breaking ground right before winter. Smith stated that it was important, and less costly, to place footings before winter. Smith indicated that in the meetings with staff, they were conscientious of price, to be economical, yet well built. Peterson indicated that many questions were addressed by Mr. Smith, and he stated his satisfaction. It would have been best to have a construction manager with other projects. Motion by Kelzenberg, second by Diehm, to authorize the Mayor and City Manager to enter into a contract with EDS for construction management services on the proposed Public Safety City Council Minutes nT,...a~.. n,r....,.~. ~~ ~nno ~~~~~~uuy, ~.~u...~~ «, ~,,.,~ Page 7 of 18 Facility. Upon vote: All ayes. Motion carried. Authorize the Mayor and City Manager to enter into a contract for Architectural services for the proposed Public Safety Facility. Motion by Kelzenberg, second by Diehm, to authorize the Mayor and City Manager to enter into a contract with Buetow and Associates for architectural services on the proposed Public Safety Facility. Upon vote: All ayes. Motion carried. Nawrocki requested that the $11,500,000 bond amount be reviewed again. Peterson stated that process would now begin. We will be proud of this project. 7. PUBLIC HEARINGS A, B, C -addressed earlier in the meeting. D. Second reading of Ordinance No. 1536 Zoning Amendment as it Relates to Temporary Si~nage Clark indicated that the prior ordinance was on a sunset clause. This will memorialize that ordinance. Nawrocki questioned if there any changes and what the definition of temporary is. Clark referred to the clarification of four temporary signs per year and that two banners do count as two temporary signs. A temporary sign can be displayed up to 30 days, not including sandwich boards. Peterson indicated one board is allowed per business and must be taken in each evening. Nawrocki asked that the signs at Auto World be reviewed. Nawrocki questioned reality signs. Jim Hoeft, City Attorney, indicated 9.103 lists the definition. Sandwich board placement was discussed. Motion by Kelzenberg, second by Williams, to waive the reading of Ordinance No. 1536, being ample copies available to the public. Upon vote: All ayes. Motion carried. Lotion by Kelzenberg, second by `wiliiarns, to adopt Ordinance No. 1636, being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments outlined in Ordinance 1536. Upon vote: All. ayes. Motion carried. E. Adopt Resolutions 2008-55 971 39th Avenue N.E. 2008-56 4727 Heights Drive N.E., and 2008-57 4641-4643 Taylor Street N.E. being declarations of nuisance and abatement of violations within the City of Columbia Heights. Resolution 2008-55 -Removed Gary Gorman, Fire Chief, stated that 4727 Heights Drive has a broken picture window, and the property is vacant and for sale. This was rental property. The broken glass is on the inside of the window, so abatement may be more difficult. Gorman stated that 4641-4643 Taylor is for abatement for violations on the stnictures. Motion by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution Numbers 2008-56, and 2008-57 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution Numbers 2008-56, and 2008- 57, resolutions 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. City Council Minutes ~,r__~__. w,r_.__i_ nn nnno 1V1VlllIQy, 1VlAl l.ll GY, GV VO Page 8 of 18 F. Adopt Resolutions 2008-58 4618 Polk Street N.E. 2008-59, 1000 Peters Place N.E., 2008-60, 3823 Polk Street N.E. and 2008-61 5045 Johnson Street N.E. being Resolutions of the City Council of the City of Columbia Hei hg~ts approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Resolution 2008-60 -Removed. Garman stated the license revocation for 4618 Polk Street is for failure to submit paper work and schedule an inspection. Gorman stated that the license has already been revoked 1000 Peters Place. The windows have been replaced, but these are items are after that fact. A policy change this year requires a complete inspection of the building before reinstatement of the license. Hoeft stated this request is during the transition period of the policy, so it would be best to revoke the license again. Gorman stated that 5045 Johnson had gone through foreclosure and was redeemed. Residents were not the owner and were requested to obtain a rental license. We were then told that the owner also lived on site. Currently, they say they have a contract for deed on the property, which is not registered with the county. They were informed to record the contract for deed or obtain a rental license. Nawrocki stated that 1000 Peters Place has a deteriorating fence on the side of the property. Motion by Kelzenberg, Diehm, to close the public hearing and to waive the reading of Resolution Numbers 2008-58, 2008-59, and 2008-61 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution Numbers 2008-58, 2008-59, and 2008-61 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. Miscellaneous Additions Channel 16 Nawrocki indicated that the local cable channel was "stuck" over the weekend and he was unable to watch or find out when the Council meeting would play. Notices of work sessions should be placed on cable and on the Internet. Diehm indicated that we could stream the council meeting on the Internet. Fehst stated that there have been technical difficulties and it is essential that we update our equipment. With the reduced staff position and aging equipment, there have been difficulties. Nawrocki indicated that originally meetings were to be posted in ten different locations. Peterson stated that if we are falling short of expectations to place city business on our cable channel, maybe we need to pay more or allow snore hours to be worked. He suggested using cable fund honey to improve our cable system. Peterson directed staff to work on this. If we need to hire a professional, we should do so. Pedestrian bride - 49th and Central Nawrocki referred to the authorization at the last Council meeting to seeking another grant to pay for the pedestrian bridge cost. This bridge belongs to MNDot, not to us. It should be up to City Council Minutes ivionday, iv`~arch ~4, suu8 Page 9 of 18 MNDot to take care of it. Grants are fine, but where would the rest of the money come from. Half of the bridge is in Hilltop, and there has been no conversation with them. Will they participate in 50 percent of the cost? Nawrocki referred to handicap usage and issues at other intersections. Hoeft indicated that ADA is not defined by the number of times we see people go across the bridge. Iv~awrocki stated that it was not cleared of snow. Nawrocki questioned if the pedestrian bridge across University Avenue is also to be replaced. Fehst agreed, that to meet handicap needs it also should be replaced. Fehst stated that this discussion began with the MN Design Team. We have spoken to Hilltop representatives and they would contribute to the replacement. Nawrocki stated that with the current needs of the community, this is not a high priority. Fehst stated that we have requested all possible funding. If you don't ask, you don't get. Nawrocki referred to funds received for a parking ramp, and questioned where remaining funds would come from. Fehst stated that sometimes you need three to four, and for bigger projects up to seven or eight, sources for funds. Peterson stated that if we want to make improvements to the pedestrian bridge, we would have to meet current standards. Hilltop would contribute, but could not contribute 50 percent. We need to consider the safety of our citizens, and be realistic. Nawrocki requested to see the structural report from the highway department. Nawrocki stated that if the concern is that someone in a wheelchair can not get across, he agreed, they can not. We say that they can not use the intersection there as pedestrians are not allowed; maybe we need to get the same authority to have that kind of person use the intersection just like they have to use it at any other intersection along Central Avenue. Nawrocki gave the history of the pedestrian bridge. ADMINISTRATIVE REPORTS Report of the City Manager Fehst commended the City Council for moving forward on the Public Safety Building. Nawrocki • Email request - 1836 39th Avenue -junk cars in the driveway. • Property between 47th and 49th on Central -the sidewalk did not get shoveled and there is a big hole that needs screening. • 4055 University -there is a TV on the curb. Fehst stated that is in the abatement pracess. • 4612 Polk -there is a TV in the alley. • 4600 Polk -there is a water heater adjacent to the alley. • Behind the liquor store on 50th -there is a truck and car with expired license plates. Report of the City Attorney -nothing to report CITIZENS FORUM Deb Johnson, 4626 Pierce, requested an update on the Comforts of Home project. Nothing is happening at the site. Fehst indicated this was probably in response to the slow down in the economy. They are looking for additional partners. Johnson stated that is prime property and she would have rather seen something else there. Tim Utz, 456 40th Avenue, stated that he has become involved in politics during the last few months, and now appreciates the City Council. He has learned how slowly things happen and feels that the City Council is doing an even better job than he thought before. COUNCIL CORNER City Council Minutes Monday, March 24, 2008 Page 10 of 18 Kelzenberg • Read an article from the Focus on the Columbia Heights Chess team and their accomplishments. His son is a member of the team. Williams • Appreciates the work the Mayor does for our city and the time he spent doing so. • Referred to the three incredible police chief candidates and the difficult decision the Mayor had to make a choice. • Spring is here -new season -new life -appreciate spring. • Drive carefully; be aware of children that are out and about. Diehm • Thanked the Mayor for the process of hiring the police chief, as he went out of his way to involve the City Council and staff. • We realize that not a day goes by that our officers aren't in our City doing important work. Proud of the City Council for moving forward to build a public safety center. • Values First for March: Value -integrity, Definition -honesty and sincerity. Nawrocki • Requested minutes of the executive session to see the parameters referred to. There was no vote taken. Diehm stated that decision was made at the last meeting and is irrelevant. • Referred to the delinquent tax list from Anoka County -there are more tax delinquent properties in Columbia Heights than ever before • Referred to his tax increase of 12 + percent on city services. Not saying the public safety building is not needed, but it would add another five percent for 27 years. We need to give more consideration to the dollars spent, though we do need services. • He ~,~rill l,.ave tickets available for the Sister City fundraiser. • Commended the Mayor for the process of hiring a new police chief, by including the Council in the interview. You can never please everyone, but he did pick a good person. The process was commendable. • If the Manager requested more involvement from the rest of the Council - he would participate. Peterson • Exciting time in Columbia Heights with all of the new construction. • The new gyro will be fantastic, as would a new public safety facility. • Don't forget our service men and women. We have now lost 4,000 soldiers. • Interested in holding a spring clean up. • Do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:46 p.m. r ~-f Patricia Muscovitz MC City Clerk/Council Secretary City Council Minutes Monday, lviarch 24, 2008 Page 11 of 18 ORDINANCE NO. 1539 CITY OF COLUMBIA. HEIGHTS AN ORDINANCE ESTABLISHING SULLIVAN SHORES HOUSING IMPROVEMENT AREA BE IT ORDAINED by the Council of the City of Columbia Heights as follows: Section 1. Recitals. 1.01. The City of Columbia Heights ("City") is authorized under Minnesota Statutes, Sections 428A.11 to 428A.21 (the "Housing Improvement Act"} to establish by ordinance a housing improvement area within which housing improvements are made or constructed and the costs of the improvements are paid in whole or in part from fees imposed within the area. 1.02. The City has determined a need to establish the Sullivan Shores Housing Improvement Area as further defined herein, in order to facilitate certain improvements to property known as the "Sullivan Shares Townhouses," all in accordance with the Housuig Improvement Act. 1.03. The City has consulted with the Sullivan Shores Townhouses, Inc. (the "Association") and with residents in the Sullivan Shores Housing Improvement Area regarding the establishment of such area and the housing improvements to be constructed and financed under this ordinance. Section 2. Findings. 2.OI. The Council fords that, in accordance with Section 428A.12 of the Housing Improvement Act, owners of at least 25 percent of the housing units within the Sullivan Shores Housing Improvement Area have filed a petition with the City Clerk requesting a public hearing regarding establishment of such housing improvement area. 2.02. The Council has on March 10, 2008 conducted a public hearing, duly noticed in accordance with the Housing Improvement Act, regarding adoption of this ordinance at which all persons, including owners of property within the Sullivan Shores Housing Improvement were given an opportunity to be heard. 2.03. The Council fords that, without establishment of the Sullivan Shores Housing Improvement Area, the Housing Improvements (as hereinafter defined) could not be made by the townhouse association for, or the housing unit owners in, the Sullivan Shores Townhouses. 2.04. The Council further finds that designation of the Sullivan Shores Housing Improvement Area is needed to maintain and preserve the housing units within such area. Section 3. Housing Improvement Area Defined. 3.01. The Sullivan Shores Housing Improvement Area is hereby defined as the area of the City legally described as follows: Lots 1-65, Block 1, Sullivan Shores, Anoka County, MN 3.02. The Sullivan Shores Housing Improvement Area contains 65 housing units as of the date of adoption of this ordinance, along with common area. Section 4. Housing Improvements Defined. 4.01. For the purposes of this ordinance and the Sullivan Shores Housing Improvement Area, the term "Housing Improvements" shall mean the following improvements to housing units, garages, and common areas within the Sullivan Shores Housing Improvement Area: • Remove all exterior cladding (including siding, soffits, fascia and trim boards), roofing materials and damaged roof decking. • Framing repairs, including replacement of deteriorated sheathing, wall studs and damaged framing members. • Replace window flashing. • Remove and re-install windows. • Install new siding, soffits and fascia. • Install new shingle roof and related ventilation. • Install new gutters and downspouts at points of entry, entry doors, garage doors and rear entries at decks and patios. • Miscellaneous mechanical repairs related to above work. 4.02. Housing Improvements shall also be deemed to include: (a) all costs of architectural and engineering services in connection with the activities described in Section 4.01; (b) all administration, legal and consultant costs in connection with the Sullivan Shores Housing Improvement Area; and City Council Minutes ~s__~__. wR___t. ~n nnno 1~'1VllLLQy, 1~1Q11:11 G`t, LVVO Page 12 of 18 (c) costs of issuance of bonds to fmance Housing Improvements under the Housing Improvement Act, subject to the terms of Section 5.04 hereof. Section S. Housin~Improvement Fee. S.O1. The City may, by resolution adopted in accordance with the petition, hearing and notice procedures required under the Housing Improvement Act, impose a fee on the housing units within the Sullivan Shores Housing Improvement Area, at a rate, term or amount sufficient to produce revenues required to provide the Housing Improvements (hereinafter referred to as the '°Housing Improvement Fee"), subject to the terms and conditions set forth in this Section. 5.02. Any Housing Improvement Fee shall be imposed on the basis of the total cost of the Housing Improvements to be fmanced by the Housing Improvement Fee, divided by .the number of housing units in the Sullivan Shores Housing Improvement Area as of the date of any fee resolution. 5.03. The Housing Improvement Fee shall be imposed and payable for a period no greater than 1S years after the fast installment is due and payable. 5.04. Any Housing Improvement Fee shall be prepayable in full or in part by housing unit owners within 30 days after the effective date of the resolution setting the Housing Improvement Fee, provided that if only a portion is prepaid, the prepayment amount must be at least 25 percent of the total fee for that unit. After such 30-day period the Housing Improvement Fee (or unpaid portion thereof) shall not be prepayable. S.OS. The resolution imposing the Housing Improvement Fee may provide that any fee not prepaid by the housing unit owner shall be deemed to include interest on unpaid Housing Improvements costs at a rate that will produce total fee revenue collected from all units in the Sullivan Shores Housing Improvement Area in an amount that equals l OS percent of the debt service payable each year on the bonds to be issued under Section 6 hereof. 5.06. The Housing Improvement Fee shall be collected at the same time and in the same manner as provided for payment and collection of ad valorem taxes, in accordance with Section 428A.15 of the Housing Improvement Act and Minnesota Statutes, Section 428A.05. As set forth in Section 428A. 14, subd. 2 of the Housing Improvement Act, the Housing Improvement Fee is not included in the calculation of levies or limits on levies imposed under any law or charter. 5.07. The Housing Improvement Fee shall not exceed the amount specified in the notice of public hearing regarding the approval of such fee; provided, however, that the Housing Improvement Fee may be reduced after approval of the resolution setting file Housing Improvement Fee, in the manner specified in such resolution. Section 6. Issuance of Bonds. 6.01. At any time after a contract with the Association for construction of all or part of the Housing Improvements has been entered into or the work has been ordered, and the 30-day period for prepayment of the Housing Improvement Fee has expired as described ul Section 5.04 hereof, the Council may issue bonds in the principal amount necessary to fmance the cost of the Housing Improvements that have not been prepaid together with costs of issuance of the bonds. Such bonds shall be issued pursuant to and in accordance with Section 428A.16 of the Housing Improvement Act. Section 7. Annual Reports. 7.01. On August 15, 2008 and each August 15 thereafter until there are no longer any outstanding bonds (including refunding bonds) issued under the Housing Improvement Act in connection with the Sullivan Shores Housing Improvement Area, the Association (and any successor in interest) shall submit to the City Clerk Treasurer a copy of the Association's audited fmancial statements. 7.02. The Association (and any successor in interest) shall also submit to the City any other reports or information at the times and as required by any contract entered into between that entity and the City. Section 8. Notice of Right to File Objections. 8.01. Within five days after the adoption of this ordinance, the City Clerk Treasurer is authorized and directed to mail to the owner of each housing unit in the Sullivan Shores Housing Improvement Area: a summary of this ordinance; notice that owners subject to the proposed Housing Improvement Fee have a right to veto this ordinance if owners of at least 35 percent of the housing units within the Sullivan Shores Housing Improvement Area file an objection with the City Clerk before the effective date of this ordinance; and notice that a copy of this ordinance is on file with the City Clerk for public inspection. Section 9. Amendment. City Council Minutes Iv%onday, iviarch 24, 2008 Page 13 of 18 9.01. This ordinance may be amended by the Council upon compliance with the public hearing and notice requirements set forth in Section 428A.13 of the Housing Improvement Act. Section 10. Effective Date. 10.1. This ordinance shall be effective 45 days after adoption hereof, or 30 days after the date of publication of this ordinance, whichever is later. RESOLUTION N0.2008-62 CITY OF COLUMBIA HEIGHTS APPROVING A HOUSING IMPROVEMENT FEE FOR SULLIVAN SHORES HOUSING IMPROVEMENT AREA Section 1. Recitals. 1.01. The City of Columbia Heights ("City") is authorized under Minnesota Statutes, Section 428A.11 to 428A.21 (the "Housing Improvement Act") to establish by ordinance a housing improvement area within which housing improvements are made or constructed and the costs of the improvements are paid in whole or in part from fees imposed within the area. 1.02. By Ordinance No. 1539 adopted March 24, 2008 (the "Enabling Ordinance"), the Council established the Sullivan Shores Housing Improvement Area (the "Housing Improvement Area") in order to facilitate certain improvements to property known as the "Sullivan Shores Townhouses," all in accordance with the Housing Improvement Act. 1.03. In accordance with Section 428A.12 of the Housing Improvement Act, owners of at least 25 percent of the housing units within the Housing Improvement Area have filed a petition with the City Clerk-Treasurer requesting a public hearing regarding imposition of a housing improvement fee for the Housing Improvement Area. 1.04. The Council has on March 24, 2008 conducted a public hearing, duly noticed in accordance with the Housing Improvement Act, regarding adoption of this resolution at which all persons, including owners of property within the Housing Improvement Area, were given an opportunity to be heard. 1.05. Prior to the date hereof, Sullivan Shores Townhouses Association, Inc. (the "Association"} has submitted to the City a financial plan prepared by Gassen Companies, an independent third party, acceptable to the City and the Association, that provides for the Association to finance maintenance and operation of the common elements in the Sullivan Shores Townhouses and along-range plan to conduci and fmance capital improvements therein, all in accordance whiz Section 428A.i4 of the Housing Improvement Act. 1.06. For the purposes of this Resolution, the terms "Housing Improvement Area" and "Housing Improvements" have the meanings provided ui the Enabling Ordinance. Section 2. Housin Improvement Fee Imposed. 2.01. The City hereby imposes a fee on each housing unit within the Housing Improvement Area (the "Housing Improvement Fee"), as specified in Exhibit A attached hereto, which Housing Improvement Fee is imposed on the basis of the total cost of the Housing Improvements to be financed by the Housing Improvement Fee divided by the number of housing units in Housing Improvement Area as of the date of this Resolution. 2.02. The owner of any housing unit against which the Housing Improvement Fee is imposed may, at any time within 30 days after the effective date of this Resolution, pay all or a portion of the total Housing Improvement Fee imposed against such housing unit as specified in Exhibit A hereto to the City Treasurer, without interest thereon; provided that if only a portion is prepaid the prepayment amount must be at least 25% of the total fee for that unit. Any Housing Improvement Fee (or a portion thereof) not prepaid in accordance with this Section shall be payable soieiy in accordance with Section 2.03 hereof. 2.03. If not prepaid in accordance with Section 2.02 hereof, the Housing Improvement Fee (or unpaid portion thereof) shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable in calendar year 2009, which annual payment shall be deemed to include interest on unpaid Housing Improvement Fee accruing from June 1, 2008 at an annual interest rate that will produce total fee revenue collected from all units in the Housing lmprovement Area in an amount that equals (a) 105 percent of the debt service payable each year on bonds to be issued by the City issued to fmance the Housing Improvements (the "Bonds") in accordance with the Enabling Ordinance and the Housing Improvement Act; plus (b) $5,000 annually to compensate the City for administrative costs of the Housing Improvement Area. Upon issuance of the Bonds, the City Clerk- Treasurer shall cause to be prepared a schedule indicating the annual payment for each housing unit for which the Housing Improvement Fee has not been prepaid, which schedule shall be attached as Exhibit B to this Resolution in the City's official records. City Council Minutes ::~Ionday,l:?arch 24, 2008 Page 14 of 1$ 2.04. The Housing Improvement Fee, unless prepaid in accordance with Section 2.02 hereof, shall be payable at the same time and in the same manner as provided for payment and collection of ad valorem taxes, as provided in Sections 428A.14 and 428A.15 of the Housing Improvement Act. 2.05. The Housing Improvement Fee unposed against each housing unit shall not exceed the amount specified in Exhibit A hereto; provided, however, that the Housing Improvement Fee may be reduced at any time before issuance of the Bonds, which reduction shall be applied pro rata to each housing unit's Housing Improvement Fee on the basis described in Section 2.01 hereof; and further provided that if any housing unit owners have prepaid the Housing Improvement Fee prior to any reduction in that fee, the City shall promptly reimburse such housing unit owner in the amount of the pro rata share of any reduction in the fee amount. Upon any reduction in the Housing Improvement Fee, the City Clerk-Treasurer shall cause to be prepared a revised copy of Exhibit A hereto, which shall be attached to this Resolution in the City's official records and shall be promptly mailed to all housing unit owners within the Housing Improvement Area. Within 30 days after issuance of the Bonds the City Clerk-Treasurer shall mail to each housing unit owner a copy of Exhibit B to this Resolution showing the final annual fee imposed against each housing unit for which the Housing Improvement Fee has not been prepaid. Section 3. Notice of Right to File Objections. 3.01. Within five days after the adoption of this Resolution, the City Clerk-Treasurer is authorized and directed to mail to the owner of each housing unit in the Housing Improvement Area a summary of this Resolution; notice that owners subject to the Housing Improvement Fee have a right to veto this Resolution if owners of at least 35 percent of the housing units within the Housing Improvement Area file an objection with the City Clerk-Treasurer before the effective date of this Resolution; and notice that a copy of this ordinance is on file with the City Clerk-Treasurer for public inspection. Section 4. Effective Date. 4.01. This Resolution shall be effective 45 days after adoption hereof. Section 5. Filing of HousinS~rovement Fee. 5.01. Within 30 days after issuance of the Bonds, but it no event later than November 15, 2008, the City Clerk-Treasurer shall file a certified copy of this resolution together with a final update of Exhibits A and B hereto to the Anoka County Auditor to be recorded on the property tax lists of the county. ORDINANCE NO. 1.536 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE USE OF TEMPORARY SIGNAGE IN THE BUSINESS DISTRICTS IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is thereby amended to read as follows: § 9.103 DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. SIGN, SANDWICH BOARD. A freestanding "A" frame sign, not requiring staking to the ground, placed near the entrance of a retail store to direct pedestrians to that business. Chapter 9, Article I, Section 9.106(P)(6) of the Columbia Heights City Code, is amended to read: (6) Pr•ohibite~l Signs. Signs that are not specifically permitted in this division are hereby prohibited in all districts unless criteria is presented to allow the Planning Commission to deem that the sign design preserves and maintains the community's unique historical and cultural elements. Without restricting or limiting the generality of the provisions of the foregoing, the following signs are specifically prohibited: (a) A balcony sign and a sign mounted or supported on a balcony. (b) Any sign that obstructs and part of a doorway or fire escape. (c) Any sign which, because of its position, movement, shape, illumination or color constitutes a traffic hazard because it obstructs free and clear vision, or interrupts, confuses or misleads traffic. (d) A private sign containing words or symbols, which might reasonably be constnied as traffic controls. (e) An animated or rotating sign, except barber poles and signs displaying time and temperature information only in the animated or rotating portion thereof. City Council Minutes Ivionday, iviarch 24, 2008 Page 15 of 18 (f) A flashing sign, including indoor flashing, electrical signs visible from the public right-of--way, other than time and temperature signs limited to such time and temperature information. (g} A sign or graphics painted directly on any exterior surface of a building or structure. However, sign letters and symbols maybe attached directly to an exterior surface by adhesive or mechanical means. (h} Any roof sign, unless attached to mansard roof or similar decorative style roof that is vertical in nature. (i) A projecting sign which either extends more than 18 inches fi°om the building or structure to which it is attached, or which is larger than three feet in vertical height, other than canopy or marquee signs. (j} Any sign that does not display the name of the manufacturer or maker permanently attached to, or painted or printed on, the exterior or structural supports of the sign. (k) Any sign that is erected, placed or maintained by any person on a rock, fence or trees. (1) Any sign that interferes with any electric light, or power, telephone, telecommunications, or telegraph wires, or the supports thereof. (m) Any sign containing electrical wiring which does not conform to the Electrical Code or the components thereof do not bear label of an approved testing agency. (n) Any window sign or signs which exceed 25% of the total area of the window on or in which it is displayed. (o) Portable signage, excluding sandwich board signs. (p) Temporary signage stuck into the ground, excluding political signs regulated per state statute, professional real estate signs, garage sales signs, and any signs listed in Section 9.106 (P)(5). Chapter 9, Article I, Section 9.106(P)(7) of the Columbia Heights City Code, is amended to read: (7) Temporary Signs. The following standards shall apply to temporary signs in all zoning districts: (a) Each temporary sign, with the exception of sandwich board signs, shall require a sign permit from the City of Columbia Heights. (b) No more than four (4) temporary sign permits may be issued per business per calendar year. (c) No more than two (2) temporary signs shall be displayed per business at any given time. When two temporary signs are displayed, each sign shall require a permit and each sign will count towards the allotment of temporary signage permitted per business per calendar year. If the business is located within a shopping center, no more than four (4) temporary signs maybe displayed throughout the shopping center at any given time. (d) Any sign not considered permanent shall be considered temporary. (e) Temporary signage may not be used as permanent wall signage for the business. (f) Temporary signs or pennants shall not exceed 32 square feet in area for businesses located in the CBD, Central Business District, and shall not exceed 4$ square feet in area throughout the remainder of the City and shah be directly and fully attached to the wall of the building. (g) Each temporary sign shall be limited to a 30-day display period per permit. (h) No temporary signs shall extend over or into any street, alley, sidewallc or other public thoroughfare, and may not cover more than 25% of window area such that 75% of the total window area is kept clear at all times. (i) No temporary sign shall be erected so as to prevent free ingress to or egress from any door, window or fire escape, nor shall such sign be attached to any standpipe or fire escape. (j) Unauthorized use of temporary signage shall be subject to the other sanctions as provided herein. (k} Sandwich Board Signs. (1) Permitted in the LB, Limited Business, GB, General Business, and CBD, Central Business District only. (2) One (1) sandwich board sign is permitted per business. (3) Sandwich board signs are limited to eight (8) square feet in area per side. (4) Sandwich board signs are limited to five (5) feet in height. (5) The sign shall be professionally painted and maintained in a neat and readable manner. (6) Signs shall be placed on private property only, and shall be setback at least five (5) feet from all property lines. (7) Signs shall not obstruct vehicular or pedestrian traffic or visibility and shall not create a safety hazard. (8) Signs shall not be lighted and shall not utilize noise amplifiers. (9) In the CBD, Central Business District only, sandwich board signs may be placed on public sidewalks, directly in front of the business being advertised. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. RESOLUTION 2008-56 City Council Minutes ,r___~___ ~,r_.__t ne nnnn 1V1VtltlQ.y, 1V1Gt1 Gll G`t. GVVO Page 16 of 18 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 Bradley Ross (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4727 Heights Drive 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 March 5, 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 January 29, 2008 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 March 5, 2008 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 March 14, 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 the broken picture window 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 4727 Heights Drive 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 472 7 Heights Drive 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. RE50LUTION 2008-57 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 properly owned by Lasalle $ank National Assocciation (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4641-4643 Taylor 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 March 6, 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 January 28, 2008 an inspection was conducted on the property listed above. Inspectors found four violations. A compliance order was sent via regular mail to the owner at the address. 2. That on March 6, 2008 inspectors re-inspected the property listed above. Inspectors noted that four 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 March 12, 2008 inspectors reinspected the property and found that four 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: 4643 -Shall repair or replace the damaged side storm, shall scrape/paint overhead garage doors, 4643 -Shall replace the broken glass in the front door, 4643 -Shall replace or repair the damaged front storm door. City Council Minutes Ma„day, ;march 24, 2008 Page 17 of 18 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 4641-4643 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 4641-4643 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 2008-58 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section 5A.408(A) of that certain residential rental license held by Craig Young (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4618 Polk Street 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 March 6, 2008 of an public hearing to be held on March 25, 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 January 15, 2008 inspection office staff sent a letter requesting the owner of the property to renew the rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on March 6, 2008 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Failure to schedule a rental property inspection, failure to submit re- licensing paperwork. 4. That all parties, includuig 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 FR215 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 2008-59 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 Peters Place Place, LLC (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1000 Peters Place 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 March 5, 2008 of an public hearing to be held on March 25, 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 January 29, 2008 inspectors for the City of Columbia Heights, inspected the property described above and noted two violations. 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 i:'Icnda~~ ~:'Iarch 2n Anna y> > Page 18 of 18 2. That on March 5, 2008, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted two violations remained uncorrected from the initial license inspection. 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 March 14, 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 paint the repaired part of the railing, shall remove the multiple tree stumps, below ground level, on the south side of the property. 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 F8435 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 pasting of this Order revoking the license as held by License Holder. RESOLUTION 2008-61 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 James J. Dalkaf (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 5045 Johnson Street 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 February 28, 2008 of an public hearing to be held on March 25, 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 February ] 1, 2008 inspection office staff sent a letter requesting the new owner of the property to license the rental property. The Ietter was mailed by regular mail tc the cwner at the address listed in the property reccrds. 2. That on February 28, 2008 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, 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 U5045 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.