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HomeMy WebLinkAboutMay 27, 2008OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MAY 27, 2008 The fallowing are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Tuesday, May 27, 2008 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Pastor David Briley, 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 removed Resolution Numbers 2008-122, 2008-123, 2008-125, and 2008-127 in that the properties have been brought into compliance. Nawrocki requested discussion on clean up of the K-mart site, police/fire building, and recycling concerns. Peterson placed these items under the City Manager's report. Peterson moved the alley lighting item from the Consent Agenda to Public Hearings. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS Peterson stated that City Clerk/Council Secretary Patty Muscovitz's daughter, Cassy is back from an eleven month humanitarian mission in the Marshall Islands. He requested his thanks be passed on to her. CONSENT AGENDA Nawrocki requested to remove items C and D for discussion. A. Approve minutes of the Mav 12, 2008 Columbia Hei htg_s City Council meeting. Nawrocki requested to correct his Council corner comment on the Lori Sturdevant column, in which the survey suggested that the general public did not have much faith in elected officials when they made their decisions. Motion to approve the minutes of the May 12, 2008 City Council meeting. B. Accept minutes of the Columbia Heights Boards and Commissions Motion to accept the minutes of the May 15, 2008 Telecommunications Commission. C. Establish a joint City Council/Planning and Zoning Commission Work Session meetin fg or a Comprehensive Plan update on June 16, 2008. -Removed D. Adopt Ordinance 1545, being and Ordinance pertaining to salaries of elected officials. -Removed E. Adopt Resolution 2008-115, Amending Resolution 2007-214 Re arding Fund Reclassification Number Nawrocki questioned where these items were in the fund books. Eirite stated this is a new fund and was not on the list last year. It was accidentally omitted from the monthly report. Fehst City Council Minutes Tuesday, May 27, 2008 Page 2 of 14 stated that this fund was set up at the end of last year by the City Council, but did not make it in the budget book. Motion to waive the reading of Resolution 2008-1 15, there being an ample amount of copies available to the public. Motion to adopt Resolution 2008-115, being a Resolution amending Resolution 2007-214 regarding fund reclassification number. RESOLUTION 2008-1.1.5 RESOLUTION AMENDING RESOLUTION 2007-214 REGARDING FUND RECLASSFICATION NUMBER WHEREAS, on November 26, 2007 the City Council approved Resolutions, 2007-214, which referenced an appropriation of housing dollars from Fund #207, and WHEREAS, the City's Finance Department desires that the aforementioned Fund 207 be reclassified as Fund #408, THEREFORE, BE IT RESOLVED, that all references to Fund 207 in City Council Resolution 2007-214 be amended to Fund #408. F. Authorization to seek bids for the 2008 Sanitary Sewer Pipe Lining Project• Motion to authorize staff to seek. bids for the 2008 Sanitary Sewer Pipe Lining Project for the pipe segments identified herein. G. Amendment to the existing land lease with InvestCast located at 716 39th Avenue NE Fehst explained this is an amendment to the recently approved InvestCast lease, reducing the lease space by 825 square feet and extending the term of the lease from the end of 2014 to 2020. Motion to approve the amendments to the land lease between the City of Columbia Heights and InvestCast located at 716 39th Avenue NE. H. Adopt Resolution No. 2008-129, being a Resolution ordering and ]evying one alley Removed to Public Hearings. I. Accept bids and award 2008 Site Landscape contract. Fehst gave a breakdown of the bid, and stated that we received a very good price. Motion to accept bids and award the 2008 Site Landscaping, including two municipal liquor stores and the Huset Parkway Roundabout to Fair's Nursery of Maple Grove, Minnesota in the amount of $ $39,440.75 based upon their low, qualified responsible bid; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. J. Approve Permits for the 2008 Jamboree. Nawrocki referred to a memo from Liz Bray stating there would be a Heights Idol event in the parking lot across from city hall, and asked if this required a special permit. Fehst stated it does not. Motion to authorize staff to close Jefferson Street for the time period from Monday afternoon, June 23, 2008 through Sunday, June 30, 2008. Motion to authorize the Police Department to issue a parade permit for the Jamboree Parade to be held on Friday, June 27, 2008 at 6:00 p.m. for the following streets: Central Avenue at 45th Avenue to 40th Avenue, west on 40th Avenue to 5th Street and Sth Street to Mill Street. City Council Minutes Tuesday, May 27, 2008 Page 3 of 14 Motion to authorize Fireworks at dusk on Saturday, June 28, 2008. K. 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 May 27, 2008 L. Approval of the re-issuance of the license to operate a rental unit(s) within the City of Columbia Heights at 1.000 Peters Place N.E. Motion to issue arental-housing license to Michelle Parson to operate the rental property located at 1000 Peters Place N.E. in that the provisions of the residential maintenance code and now in compliance. M. Approve Business License Applications Motion to approve the items as listed on the business license agenda for May 27, 2008 as presented. N. 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 125858 through Check Number 126021 in the amount of $710,856.38. Motion by Nawrocki, second by Williams, to approve the Consent Agenda items with the exception of items C, D, and H. C. Establish a joint City Council/Planning and Zoning Commission Work Session meeting f., or a Comprehensive Plan date on June 16, 2008. Nawrocki stated that it had been. agreed not to schedule work sessions on the third Monday of the month. He has a commitment to attend the Lion's Club Jamboree planning meeting that evening. He suggested it be held on the first Monday. Fehst listed items scheduled for the June 2"d work session. Fehst indicated the intention is to keep the third Monday free, but it was agreed to meet if there were items that required attention. Nawrocki suggested meeting at 5:00 p.m. Williams indicated he could not attend at that time. Nawrocki stated that if he did not attend he would require a full presentation when. brought to Council. Peterson suggested he speak to staff on the items. Motion by Williams, second by Kelzenberg to establish a joint City Council/Planning and Zoning Commission Work Session meeting for a Comprehensive Plan update on Monday, June 16, 2008 beginning at 7:00 p.m. in Conference Room 1. Motion to amend by Nawrocki to hole the work session at 6:00 p.m. Peterson called for a second to the motion. Motion died for lack of a second. Motion to amend by Nawrocki to hold the work session on Thursday, June 10, Peterson called far a second to the motion. Motion died for lack of a second. Nawrocki spoke of the Council's lack of consideration to work with his schedule. Peterson stated that when a majority can attend a meeting, it should not be taken personally. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - City Council Minutes Tuesday, May 27, 2008 Page 4 of 14 1 nay. Motion carried. D. Adopt Ordinance 1545, being and Ordinance pertaining to salaries of elected officials. Nawrocki stated that the League of Minnesota Cities lists salaries for 86 cities, and 2/3rds are less than the current salary of our mayor. With the compensation of insurance, only two of the 86 communities, besides Minneapolis and St. Paul have greater salaries. Nawrocki referred to comments made about when he was mayor at $13,000 a year, but the last salary he received was $10,200. He did support the increase and then lost the election. Fehst stated that the salary being paid to the mayor now was the same salary paid in 1984 when Councilmember Nawrocki was mayor, or 24 years ago. The salary in 1.989 was $13,800 and was felt to be appropriate at that time. It is now appropriate for the construction knowledge the Mayor has, for building of the public safety building, a gymnasium, and two liquor stores. We meet several times a week on these things, which is a savings of staff time and money. Council has appointed him the representative on these projects. Benefits have been included in the council's salary for almost 30 years. Williams stated that, as a council, except for Councilmember Nawrocki, we feel an increase is appropriate. Nawrocki gave his history of involvement with commercial. construction. He referred to the survey of people that feel they are not get listened to. Fehst stated that they might worry about pensions paid. Katie Korday, 3842 Tyler Street NE, stated she contacted the League of Cities and received the salaries. She asked for re-numeration by population and questioned the financial status of the city, as the package is quite expensive with health insurance. She questioned if there is a pension. Fehst stated they earn credit when working, but also explained pension benefits under the old law. Diehm stated that now elected officiasl could not receive that. Fehst stated that the salary would be in the top dozen. Nawrocki stated that he did not have a choice on the insurance benefit. Diehm stated she has opted out of insurance coverage. Korday asked the cost for medical. coverage. Nawrocki stated it is $7,700 a year. Fehst stated the recipient pays $3,000 to $4,000 for the coverage. Peterson gave his field work construction experience of 44 years. Kelzenberg stated his appreciation for the work our Mayor does, but reminded everyone that this increase would not take effect until after the election, and we do not know if the current mayor is even running for office. Motion by Kelzenberg, second by Diehm, to waive the reading of Ordinance No. 1545, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adapt Ordinance 1545, pertaining to salaries of elected officials. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, abstain. 3ayes - 1 nay - 1 abstention. Motion carried. ORDINANCE NO. 1545 BEING AND ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005, PERTAINING TO SALARIES OF ELECTED OFFICIALS City Council Minutes Tuesday, May 27, 2008 Page 5 of 14 The City of Columbia Heights does ordain: § 2.102 SALARIES. (A) Pursuant to the provisions of M.S. § 415.12, as it maybe amended from time to time, effective January 1, 2009, the salary of each Council member shall be $7,800 per year, payable at the rate of $650 per month, and the salary of the Mayor shall be $13,800 per year, payable at the rate of $ I, I50 per month. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. Other Business PUBLIC HEARINGS Adopt Resolution No. 2008-129, being a Resolution ordering and Iev~~ one alley lid Kathy Young, Assistant City Engineer, stated that citizens have petitioned for an alley light located between 3850 and 3854 Tyler Street NE. Residents were notified of this public hearing and the project cost. No response has been received from the residents. Motion by Nawrocki, second by Williams, to waive the reading of Resolution No. 2008-129, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Peterson closed the public hearing. Motion by Nawrocki, second by Williams, to adopt Resolution 2008-129, being a Resolution ordering and levying one alley light located between 3850 and 3854 Tyler Street NE, known as PIR 677-39. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2008-129 LEVYING AND ADOPTING THE ASSESSMENT FOR ALLEY LIGHT NO. 677-39 Adopting assessment roll according to the City Charter for the following local improvement and determining that said improvement will be made and ratifying and confirming all other proceedings, heretot`ore had: Special Assessment for alley light numbered 677-39 WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 p.m. on the 27`'' day of May 2008, in the City Council Chamber, 590 40`x' Avenue N.E. Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvement above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record., stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated the cost of such local improvement and has prepared an assessment roll therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: Section 1. That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Local Improvements" numbered 677-39 for alley lighting. Section 2. That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefited by such improvements. This Council further finds and determines that the proper proportion of the cost of such improvement to be especially assessed against each lot or parcel of land is the amount as billed annually by Xcel Energy Company. Section 3. That the assessment will be added to the utility bill prepared and mailed by the City of Columbia Heights to property owners or occupants on record with the Finance Department. Section 4. This resolution shall take effect immediately upon its passage. City Council Minutes Tuesday, May 27, 2008 Page C of 14 Adopt Resolutions 2008-116, 1401.-1403 Circle Terrace Blvd. N.E.. 2008-117.4100 Reservoir Blvd. N.E., 2008-118, 4450 Van Buren St. N.E., 2008-119, 4656 Polk St. N.E., being resolutions declaring listed properties a nuisance and approving the abatement of violations within the City of Columbia Hem Fire Chief Gary Gorman stated the abatement for 1401-1403 Circle Terrace was an immediate abatement to remove graffiti. Gorman stated that the abatement of 4100 Reservoir Boulevard was to secure the building and for outside storage. Items A and C remain. Gorman stated that 4450 Van Buren has outside storage. Gorman stated that 4656 Polk Street was an immediate abatement to secure the building. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution Numbers 2008-116, 117, 118, and 119, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution Numbers 2008-116, 117, 118, and 11.9 being 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. Resolutions may be found at the end of this document. Adopt Resolutions 2008-120, 679 40th Ave. N.E., 2008-121, 1308-1310 Circle Terrace Blvd. N.E., 2008-122, 567 37th Ave. N.E., 2008-123, 4321 5th St. N.E., 2008-124, 1214-1216 Cheery Lane N.E., 2008-125, 3727 Reservoir Blvd. N.E., 2008-126, 4442-4444 Tyler St. N.E., 2008-127, 1019 37th Ave. N.E., 2008-128, 3810-3812 3rd St. N.E., being Resolutions approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Peterson indicated that Resolutions 2008-122, 123, 125, 127 have been brought into compliance and have been removed. Gorman stated that 679 40`h Avenue has broken windows and has not submitted the rental license application. Gorman stated that 1308-10 Circle Terrace has failed to submit an application. Peterson stated that he received a phone call that there maybe drug activity at this address. The water shut off is broken and people are living there. The police have been alerted. He suggested immediate abatement to board up house, Gorman stated that 1214-16 Cherry Lane is missing a smoke detector. Gorman stated that 4442-44 Tyler Place has failed to submit the application and fees. Gorman stated that 3810-3812 3`d Street has failed to submit the application and fees and has not scheduled an inspection. There are also outside storage issues. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of City Council Minutes Tuesday, May 27, 2008 Page 7 of 14 Resolution Numbers 2008-120, 121, 124, 126, and 128 there being ample copies available to the public. Upon vote: Ali ayes. Motion carried. Motion by Williams, second by Nawrocki, to adopt Resolution Numbers 2008-120, 121, 124, 126, 128 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. Resolutions may be found at the end of this document. Peterson indicated that he has mowed the foreclosed property next to him, but there is activity there. A rear window was broken and he secured the house. He suggested if there is a foreclosed or vacant house that residents are concerned about the condition or activities there, to call the police department. Nawrocki questioned the relevance of reissuing a revoked rental license to the rental moratorium. Gorman stated that any license current from January 1, 2006 to present could be renewed. Nawrocki stated that the demolished home on 38th and 2°d Street has a big hole in the ground and weeds. Gorman stated the hole should be filled in or have a fence around it and should be taken care of through the building permit. Korday referred to her difficulties contacting rental property owners and asked that current telephone numbers be required. Gorman stated that owners are required to notify us, but new numbers are usually only given at the time of license application. Korday spoke of the garbage house north of her. Peterson stated that private properties are inspected upon complaint. Gorman stated that they try to work with neighbors on complaints and the County also becomes involved. ADMINISTRATIVE REPORTS Report of the City 1Vlanager • Met with the architect, construction manager, and the police and fire employees on the proposed building. The June 2 work session will address additions to the original plan. Construction commodities are increasing. We will use the construction manager in the proper way. Nawrocki referred to the new Bloomington Police station and asked if this site was researched for comparison. We are confident that our architect is cost conscience and will serve us well. Referred to the Spring Lake Park and Champlin Police and Fire building and lessons learned from visiting their sites. Nawrocki requested arrangements to visit the Champlin site and questioned operating costs for a new building. We are looking at options such as geothermal use. • Nawrocki indicated there is tall grass, a big hole in the ground, and a material storage container at the K-mart site that should be addressed. Fehst indicated the Fire Department would address these concerns. Nawrocki stated that we have not achieved our 2007 recycling goals. We do not have representation at the meetings. Fehst stated that position was eliminated and this is an area that has suffered. • Nawrocki. indicated that residents are cited for grass over nine inches. He asked why the city is not similarly responsible for grass around ponds. Fehst stated the purpose of the ponds is natural vegetation to clean the water. • Nawrocki stated he has requested operation costs for the new gym. This is important for budgeting due to the Legislature passing levy limits. Fehst stated that those costs have been City Council Minutes Tuesday, May 27, 2008 Page 8 of 14 estimated. Report of the City Attorney -nothing to report CITIZENS FORUM Katie Korday stated she was at the May 12 City Council meeting to express concern for her safety. It has escalated and she is attempting to obtain a restraining order. She indicated she also received hate mail.. She asked for suggestions. Fehst stated that she should continue to call the police when necessary. The police will remain vigilant, and a private attorney should be considered for civil matters. Nawrocki stated that he has also received hate mail, and indicated that our officers are willing to respond to the calls. Hoeft described the process to serve a restraining order. COUNCIL CORNER Nawrocki -nothing to report Diehm • Values First values of the month are responsibility and accountability. Williams Indicated the passing of resident Bill Kalata. Indicated the number of long grass violations and properties cut by the contactor. Fehst commended the Fire Department for the job they have done. Referred to the nice job done on the rental license moratorium newspaper article. K_elzenberg -nothing to report Peterson. Don't forget our service men and women, overseas and wherever they are. Don't take ourselves too seriously and do a random act of kindness. ADJOURNMENT Peterson adjourned the meeting at 8:46 p.m. ~- ~ . Patricia Muscovitz, CMC City Clerk/Council. Secretary RESOLUTLON 2008-116 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 Bank of New York Trustee (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1401-03 Circle Terrace Blvd., Columbia Heights, Minnesota. City Council Minutes Tuesday, May 27, 2008 Page 9 of 14 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 April 28, 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 April 27, 2008 the fire department was notified that a vacant house at 1401-03 Circle Terrace Blvd. had graffiti on it. 2. That on Apri128, 2008 the fire department hired the contractor Duall service to remove the graffiti on the building. the fire department had no contact information for a responsible person for the building. 3. That on Apri128, 2008 the fire department sent statement of cause to the registered owner of the property at the address listed in the Anoka county property records database. 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 public nuisance/hazardous building located at 1401-03 Circle Terrace Blvd. 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 1401-03 Circle Terrace Bvld. 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 1401-03 Circle Terrace Bivd. 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 2008-117 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 Greenpoint Mortgage Company (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4100 Reservoir 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 May 8, 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 April 2, 2008 an inspection was conducted on the property listed above. Inspectors found three violations. a compliance order was sent via regular mail to the owner at the address. 2. That on May 8, 2008 inspectors re-inspected the property listed above. Inspectors noted that three 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 May 14, 2008 inspectors reinspected the property and found that three 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 damage to the overhead garage doorframe and shall remove all outside storage. 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 i. That the property located. at 4100 Reservoir 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 properly listed above. City Council Minutes Tuesday, May 2'7, 2008 Page 10 of 14 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case inay be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4100 Reservoir Bivd. 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 2008-118 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 Kevin Brady (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4450 Van Buren 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 May 15, 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 Apri130, 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 May 15, 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 May 21, 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(8}. CONCLUSIONS OF COUNCIL 1. That the property located at 4450 Van Buren 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 I . The property Located at 4450 Van Buren 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 2008-119 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 JP Morgan Chase Bank (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4656 Polk 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 April 15, 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 April 14, 2008 the Fire Department was notified that a vacant house at 4656 Palk Street N.E. had a open window and an open door. 2. That on April 15, 2008 the Fire Department inspected the property and found a window unsecured. After checking the records the Fire Department could not find a responsible person that could be irmnediately notified. City Council Minutes Tuesday, May 27, 2008 Page 11 of 14 3. That on April 15, 2008 the Fire Department hired the contractor DuAll Service to board up and secure the open window on the building. 4. That on April 15, 2008 the Fire Department sent statement of cause to the registered owner of the property at the address listed in the Anoka County Property Records database. 5. 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 public nuisance hazardous building located at 4656 Polk Street N.E. 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 4656 Polk 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 4656 Polk 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 2008-120 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 Cynthia Agyili (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 679 40`" Avenue 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 May 5, 2008 of an public hearing to be held on May 19, 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 April 1, 2008 inspectors for the City of Columbia Heights, inspected the property described above and noted three 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. 2. That on April I5, 2008 inspectors for the City of Columbia Heights, performed a final inspection at the property and noted three violations 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 April 15, 2008 the inspection office staff sent sent a letter requesting the owner of the property to renew the rental license for this property. 4. That on May 16, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that three violations remained uncorrected. 5. 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, seal, or stain, the trim around the front and the rear door, shall replace the broken basement window, on the west side, shall replace the broken window on the garage service door, shall submit a rental license renewal application and applicable fees. 6. 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 The rental license belonging to the License Holder described herein and identified by license number F8393 is hereby revoked. 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. 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 2008-121 City Council Minutes Tuesday, May 27, 2008 Page 12 of 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 Mortgage Electronic Registration Systems (Hereinafter "License Holder"}. Whereas, license holder is the legal owner of the real property located at 130$-1310 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 May 2, 2008 of an public hearing to be held on May 27, 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 or about April 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 May 2, 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 and failure to submit renewal rental license application and fees 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 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 2008-126 Resoluticr~ of the City Council for the City of Columbia Ileights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Said Farah (Hereinafter °'License Holder°°). Whereas, license holder is the legal owner of the real property located at 4442-4444 Tyler Street. N.E., Columbia Heights, Minnesota, ~Jhereas, pursuant to City Code, Chapter SA, Article IV, Section ~A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on May 7, 2008 of an public hearing to be held on May 27, 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 or about March 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 May 7, 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 rental housing renewal application and applicable fees. 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 F8401 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; City Council Minutes Tuesday, May 27, 2008 Page 13 of 14 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 2008-124 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 Shemica Riley (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1214-1216 Cheery Lane 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 May 8, 2008 of an public hearing to be held on May 27, 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 March 12, 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. 2. That on May 8, 2008 inspectors for the City of Columbia Heights performed a final inspection at the property and noted one violation 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 May 14, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that one violation 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: 1216 Side -Provide working smoke detector on 1st floor. 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 F8785 is hereby revoked. 2. The City will post for the purpose oa preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. AlI 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. RE SO L UT I Ol~l 2008-128 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 Bob Landucci (Hereinafter "License Holder"}. Whereas, license holder is the legal owner of the real property located at 3810-3812 3`~ 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 May 2, 2008 of an public hearing to be held on May 27, 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 or about April 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 May 2, 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 and failure to submit City Council Minutes Tuesday, May 27, 2008 Page 14 of 14 renewal rental license application and fees 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 F$293 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.