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HomeMy WebLinkAboutNovember 24, 2008OFFICIAL. PROCEEDINGS CITY OF COLUMBIA HEIGIITS CITY COUNCIL MEETING NOVEMBER 24, 2008 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, November 24, 2008 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. Resolzrtions and OYdinances may be,foi~nd at tl7e end of this document. CALL TO ORDER/ROLL CALL/INVOCATION Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg Invocation by Rev. Jin Kim, Church of All. Nations. PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed Resolution Numbers 2008-285, 291, 298, 301, and 302 in that the properties have been brought into compliance. Nawrocki requested to add the budget, assessment policy, and apology from the City Attorney. Peterson placed these items under the City Manager's report. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Presentation Paid-On-Call Firefighter Retirements Fire Chief Gary Gorman acknowledged the retirement of Paid-On-Call Firefighters Scott Jester and Rich LaBounty and thanked them for their 23 plus years in the department. They are a big part of the department's family and have touched the lives of many in the community. We are very proud of their professionalism and dedication to our city. Scott Jester spoke of his tenure with the Fire Department. LaBounty thanked everyone for letting him serve the community and the Fire Fighters for their friendship. Mayor Peterson thanked the gentlemen for their service. B. Presentation Library Foundation Board presentation to Tasty Pizza Marlaine Szurek, Library Foundation Board, thanked Todd Estrem for his support and assistance with the Library spaghetti fundraiser and presented him with a plaque from the Library Foundation. Peterson spoke of his long history with Todd and his father and their history of generous sponsorship in the community, and thanked Todd for his continued support. Szurek indicated that on December 7t" the Library Foundation is sponsoring the film "Christmas Story" with a silent auction at Heights Theater. The proceeds will go toward the new library fund. Deb Johnson, a member of the First Lutheran Church choir, stated they will sing at Carngey Hall next year, and they will host a fundraiser event on Friday, December St" to raise funds for their trip. Williams asked that Estrem introduce his daughter, who will be the next generation of contributors in our community. Estrem introduced his daughter, Allie. City Council Minutes Monday, November 24, 2008 Page 2 of 22 Nawrocki stated that on December 6`~' the Sister City committee is holding a tea fundraiser at our local Historic Bed and Breakfast to raise funds for the students of Lomianki, Poland who will visit our community next year. CONSENT AGENDA City Manager Walt Fehst took Councilmembers through the Consent Agenda items: Nawrocki requested to remove E, F, and H, with an explanation of item C. A. Approve minutes of the November 10, 2008 City Council meeting. Motion to approve the minutes of the November 10, 2008 City Council meeting. B. Accept minutes of the Columbia Heights Boards and Commissions Motion to accept the minutes of the October 7, 2008 Library Board meeting. Motion to accept the minutes of the September 24, 2008 Park and Recreation Commission meeting. Motion to accept the minutes of the October 16, 2008 Charter Commission meeting. C. Establish work session meeting on "2009 Housing Financial Strategy" for Monday, December 8, 2008 from 6:00 p.m. to 7:00 p.m. in Conference Room 1. Fehst stated this is to discuss a housing financial strategy for 2009, and possible Federal funding available through the County. Scott Clark, Community Development Director, stated the topics would be a neighborhood stabilization program, community block grants, TIF district extension, etc. Motion to establish a City Council Work Session meeting regarding "2009 Housing Financial Strategy" on Monday, December 8, 2008 from 6:00 p.m. to 7:00 p.m. in Conference Room 1. D. Establish Senior Citizens or Retired & Disabled Person Hardship Special Assessment Deferral Motion to waive the reading of Resolution No. 2008-280, there being ample copies available to the public. Motion to adopt Resolution No. 2008-280, being a Resolution establishing a new maximum income of $29,000 for Senior or Retired and Disabled Persons to be eligible for special assessment deferral. E. Approval of the review of the draft Comprehensive Plan for the City of Columbia Heights• - removed for discussion F. Acct bids and award the contract for the 2008 Huset Park Shelter -removed for discussion G. Approval of the reissuance of the license to operate a rental_unit(s~ within the City of Columbia Heights at 1307-09 Circle Terrace Blvd. N.E. Motion to issue arental-housing license to Fletcher Wanless to operate the rental property located at 1307-09 Circle Terrace Blvd. N.E. in that the provisions of the residential maintenance code have been complied with. H. Approve purchase of Network Data Storage S s~ -removed for discussion City Council Minutes Monday, November 24, 2008 Page 3 of 22 I. Approval of the attached list of rental housing license applications in that they have met the requirements of the Property Maintenance Code. Motion to approve the items listed for rental housing license applications for November 24, 2008. J. Approve Business License Applications Motion to approve the items as listed on the business license agenda for November 24, 2008 as presented, regarding licenses for 2009. K. Approve payment of the bills. Motion to approve the payment of the bills out of the proper fund as listed in the attached register covering Check Number 128103 through. Check Number 128292 in the amount of $1,715,644.46. Motion by Nawrocki., second by Diehm, to approve the Consent Agenda items with the exception of items E, F, and H. Upon vote: All ayes. Motion carried. Discussion items E. Approval of the review of the draft Comprehensive Plan for the City of Columbia Heights. Nawrocki stated that we have not gone through this plan. He questioned the dollar amount. Clark stated that about $45,000 is budgeted and we have spent about 75 percent of that. Nawrocki stated that this is a waste of money. We did not need to hire someone for this. It shows that we need more low housing. Fehst stated that the Met Council requires us to look at affordable housing. Clark stated this request is consideration of a preliminary report to send out to other communities for review. This would lead to a joint meeting/open house with the Council, Boards and Commissions and the public. He requested that individual questions be submitted to him. Nawrocki referred to the increase of density requirement. The one public meeting held did not have a very good turn out. We are not ready to send this out to other communities. Williams stated that this is a draft and can be changed. We will have further in-depth discussions on this. Nawrocki stated that he would not support the recommendations given. Peterson also stated that he also does not agree with all the items, but this will be discussed. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2008-281, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2008-281, being a resolution approving the review of the draft copy of the Comprehensive Plan for the City of Columbia Heights. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes -1 nay. Motion carried. F. Accept bids and award the contract for the 2008 Huset Park Shelter Nawrocki stated that this week the property tax statements were sent out and they are pretty high. His taxes will increase over $500. In recognition of that, we need to take a hard look at expenditures. Items that are only desirable should be put off for a while. Huset Park already has a shelter and already has Murzyn Hall, which is being fixed up fora $1,000,000. We can do without this shelter for a while. City Council Minutes Monday, November 24, 2008 Page 4 of 22 Williams stated that this is not tax payer funded, but paid from Park Dedication Fees. Peterson stated that those fees must be used for parks. The project was put off for a year and now the cost has increased. This is following through with the decision that has already been made. Nawrocki referred to the recent payment for Murzyn Hall improvements. He stated he went to a joint meeting of the League of MN Cities and the Metro League where discussion included the status of the State and their deficit. Kelzenberg stated that the Park Commission voted unanimously for this shelter. The Park Dedication Fees are for this purpose. Motion by Kelzenberg, second by Williams, to approve bids and award the 2008 Huset Park Shelter (structure) to St. Croix Recreation of Stillwater, MN in the amount of $53,500.28; and to Odessa II of Sauk Rapids, MN in the amount of $44,300 based upon their low, qualified responsible bids; and, furthermore, to authorize the Mayor and City Manager to enter into agreements for the same. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. H. Approve purchase of Network Data Storage S s Nawrocki stated this is an expenditure where we should question. the necessity. It can be put off. He spoke against this expenditure. Motion by Nawrocki to not authorize this purchase. Peterson called for a second. Motion died for lack of a second. Williams asked Fehst if this is necessary. Fehst stated it is and referred to Biil Elrite, Finance Director. Elrite stated that we have a central system to maintain our data files and software programs. This would be considered on going maintenance for our system. The system is 80 percent full and running slow. This upgrade should last between two to three years. The last significant upgrade was in 2005. Williams asked what would happen if we did not have this. Elrite stated that is difficult to answer, but we would not be able to add additional data or would we would need to delete past history from our files. Elrite stated that this purchase is essential. Diehm stated it is important to recognize that our data retention is not a choice, and is required by law. Motion by Diehm, second by Williams, to authorize the purchase of two Left Hand Network storage modules and atwo-year extended support agreement from Works Computing for $51,470. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. PUBLIC HEARINGS A. Adopt Resolutions 2008-285, 4521 Madison Street N.E.,__200_8_-286, 5056 Washington Street N E 2008-287 4955 Johnson Street N.E. 2008-288 4029-31 2nd Street N.E. 2008-289, 679- 81 46th Avenue N.E. 2008-290 961 37th Avenue N.E., and 2008-292, 3930 University Avenue N E. being_declarations of nuisance and abatement of violations within the City of Columbia Heights. City Council Minutes Monday, November 24, 2008 Page 5 of 22 Fire Chief Gary Gorman indicated the reasons for the following abatement requests: 2008-286, 5056 Washington Street -landscaping and clean up of oil that ran into the yard. 2008-287, 4955 Johnson Street -tree and stumps in back yard 2008-288, 4029-31 2nd Street -storm door damage, tree stumps, front and back yard debris 2008-289, 679-81 46th Avenue -found unsecured and vacant; the building was secured. 2008-290, 961 37th Avenue -found unsecured and vacant; the building was secured. Nawrocki indicated there is an incorrect address in the resolution. 2008-292, 3930 University Avenue -found unsecured; building was secured. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution Numbers 2008-286, 287, 288, 289, 290, and 292 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution Numbers 2008-286, 287, 288, 289, 290, and 292 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. B. Adopt Resolutions 2008-293 1162-64 Cheery Lane N.E. 2008-294 4326-32 Monroe Street N E 2008-295 5016 6th Street N.E. 2008-296 4135 Jefferson Street N.E., 2008-297, 3906 Van Buren Street N E 2008-299 3806 Jackson Street N E 2008-300 being Resolutions of the City Council of the City of Columbia Heights approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Fire Chief Gary Gorman indicated reasons for the following license revocation requests: 2008-293, 1162-64 Cheery Lane -dryer vent, water heater pressure relieve valve, outlet covers 2008-294, 4326-32 Monroe -Failure to submit application, fees, and schedule an inspection 2008-295, 5016 6th Street -Failure to submit application and fees 2008-296, 4135 Jefferson Street -Failure to submit application, fees, and schedule an inspection 2008-297, 3906 Van Buren Street -Failure to submit application and fees. 2008-299, 3806 Jackson Street -Failure to submit application, fees, and schedule an inspection 2008-300, 521 Mill Street- -Failure to submit application, fees, and schedule an inspection Tim Utz, 556 40t" Avenue, asked if the owner does not apply for the license, what happens. Gorman stated the process followed. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution Numbers 2008-293, 294, 295, 296, 297, 299, and 300,being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution Numbers 2008-293, 294, 295, 296, 297, 299, and 300, 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. C. Second Reading of Ordinance 1559 adding language establishing Abandoned Property. Sheila Cartney, Assistant Community Development Director, stated this is the second reading. The items changed, at Council request, were Article 5, the appeal process, and Article 3, Section City Council Minutes Monday, November 24, 200$ Page 6 of 22 4, the addition of the temporary certificate of occupancy. This discussion will also include agenda item 7A, the fees for this ordinance. The proposed fee would be $200 for the inspection and a $31 estimate for inspections to re-issue a certificate of occupancy and maintaining the escrow agreement. Nawrocki asked how many properties we expect this to include in the next year. Cartney stated about 100 properties. Nawrocki stated that other communities are charging about $125 to $150, and you are asking for $200. Williams stated that the annual fee for rental in the City of Minneapolis mentioned by Councilmember Nawrocki is $6,000. The City St. Paul annual registration is $1,000. Scott Clark, Community Development Director, stated that St. Anthony has relatively no issue with this and other communities like Brooklyn Center have many hundred vacant homes. The intent is to try to size the ordinance to our issues and make sure that we can administer this with the staff we have. The goal is to monitor the structural and safety issues of these vacant homes. We will probably top off at 470 foreclosures. 20 percent of these could be extremely problematic. Williams stated that the North Metro Realtor's Association supports this ordinance. Williams listed their comments and requests. Nawrocki asked if the ordinance does not inhibit the sale or conveyance of the property -what good it is. It will not speed things up. Until the bank finds they can make a sale, they will not fix up the property. Peterson stated that someone can buy the property, tear it down, and build a new home. It can be fixed up to our standards. Jim Hoeft, City Attorney, stated that is where the escrow provision ties in so someone can purchase the property. Nawrocki stated that he would support the ordinance. Cartney stated that a temporary certificate of occupancy can be issued. Peterson read the Brooklyn Park policy regarding vacant property that requires an action plan within one year or it would be demolished. Diehm stated that the City of Anoka has a similar registration process. There were articles in the Wall Street Journal pointing out these types of ordinances and fees to order them to step up to the plate and take care of these properties. In California the Governor authorized a fee of up to $1,000 a day for properties that are not being maintained. In Cincinnati, where the fee used to be $350 to register a vacant property was increased to $2,000. We are certainly not alone. Our approach is rather conservative. Utz questioned the fee schedule of $40 an hour, indicating engineering skills are required and this fee would not cover a skilled inspector. He felt the pricing structure is not realistic in the amount of time and cost required. He stated he does not want to pay for these abandoned properties with his tax dollars. Clark stated that we want the owners to pay their fair share. If we find we are short on collecting our costs, we will bring it back to the City Council. We only want to cover our costs. Clark described how the fee was arrived at, staying with a conservative amount to meet the state requirement of only charging the actual cost of the service. If we anticipate water damage or mold, we can require them to do additional tests or inspection. Utz stated that an under estimate of fees could add up for 100 properties. Diehm indicated that the resolution states fees will be reviewed annually. She asked the City Attorney if we are locked into this. Hoeft stated that Council can review fees at any time. Nawrocki stated the larger fees will be from the permit fees to do the work. Nawrocki stated the HRA levy was increased, as fewer permit fees are anticipated. Now with this program, there will City Council Minutes Monday, November 24, 2008 Page 7 of 22 be additional fees. He suggested decreasing the budget by $20,000. Peterson stated that would assume 100 homes would be brought back into compliance. Clark stated that the dollars for 2009 normal building fees has been over stated. Realistically, in 2009 we will trade off with less building inspections and fill in with this type of inspections. Nawrocki reiterated his point that we should reduce the HRA levy by $20,000. Donna Schmitt, 4260 Tyler Street, stated concern that you are charging fees and not covering your costs. She suggested charging $250 as a user fee. She stated this is a big change in policy and requested this be re-evaluated in six months to see if it is affecting sales and covering costs. Motion by Diehm, second by Kelzenberg, to waive the Reading of Ordinance 1559, there being an ample amount available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to approve Ordinance 1559, being an Ordinance adding language establishing Abandoned Property. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. AdoRt Resolution 2008-284 bein~a Resolution establishing insRection fees for Ordinance No. 1559 re ag_rding Abandoned Property Williams requested to amend the motion to charge $250 for abandoned property inspection fees and to review the fees on June 1 sc Diehm asked if staff is comfortable with the suggested fee. Clark stated yes. Motion to amend by Nawrocki that the proposed levy for the HRA be reduce by the anticipated fees from the $250 charges for the coming year. Clark stated that these fees might bring us back to the projected amount. Peterson called for a second to the amendment. Motion to amend died for lack of a second. Virgil Persie, resident, indicated that the flags displayed behind the City Council were in the wrong order. Peterson and Fehst corrected the error. Persie suggested following Roberts Rules of Order more precisely. Peterson stated that we attempt to do so, but try not to shut people down. Motion: Move to waive the reading of Resolution 2008-284, there being an ample amount of copies available to the public. Upon vote: Ali ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2008-284, being a Resolution establishing inspection fees for Ordinance No. 1559, Abandoned Property, with a charge of $250 for abandoned property inspection and a review of the fees on June l St. Upon vote: Ail ayes. Motion carried. 2. First Reading of Ordinance No. 1560, conveying certain real estate located at 950 40th Avenue N.E. Clark described the property, the history of the request, and the reinvestment in the property. We did not recommend giving funds for redevelopment, but suggested transferring the 16,000-foot plaza toward the re-skinning of the building. Clark described the transfer, indicating the owner City Council Minutes Monday, November 24, 2008 Page 8 of 22 would pay the $1,500 park dedication fee. The agreement states this was in a redevelopment plan done in the 1980's and that the property will remain an office building for at least five years. This will benefit the city and this group is willing to put substantial dollars into this building. Eliminating the parcel will remove liability and add taxable property. We hope the improvements will. make this property more marketable and improve the downtown area. The bank was very much in favor of the transfer and building upgrade, anal is pleased with the new owners (Stadium Village). Williams asked if the building would be assessed at a higher rate for next year. Clark stated that this type of property is valued on income. Clark stated the goal is to make this look like a 2008 building, rather than a 30 year old building. Williams asked for afollow-up on the property's tax amount. Hoeft stated the assessors will look at the sale price of the property and building permits and it will trigger a reassessment of the property. Nawrocki stated that there is value to the plaza property. We are giving the owners of the building property valued at $245,000. This does not serve the taxpayers of the community. Williams stated that we are not getting anything for it now. We will save $3,000 a year in insurance and we will gain the money back through additional taxes. Now it is just a liability to the city. Nawrocki stated that they have not been paying their agreement of $1 a year. Hoeft stated that the city signed the Estoppel Agreement indicating the amount was cleared. Bob Odden, 1201 42 '/2 Avenue, stated that this was needed by the bank, but we should have been collecting rent. Hoeft stated that the property was leased in 1982. Odden stated the building looks slightly better and people in the building are pleased, but he does not want to set a precedent. Williams stated that we are saving money on the insurance and we are not giving them any money. Motion by Williams, second by Diehm, to waive the reading of Ordinance No. 1560, there being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to set a Public Hearing for the second reading of Ordinance No. 1560 on December 8, 2008, in the City Council Chambers at approximately 7:00 p.m. Upon vote: All ayes. Motion carried. 3. Approval of a Minor Subdivision for property at 950 - 40th Avenue NE. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2008-283, there being ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2008-283, being a Resolution approving a Minor Subdivision of the property located at 950 40th Avenue, subject to the conditions outlined in Resolution No. 2008-283. Upon vote: All ayes. Motion carried. B. Bid Considerations Award the 2008 Sanitary Sewer Lining_project to Insituform Technologies, USA, Proiect #0804 Kathy Young, Assistant Public Works Director, stated this is an annual project. Nawrocki indicated that a liner is placed inside of the existing pipe. Motion by Diehm., second by Kelzenberg, to waive the reading of Resolution No. 2008-282, there being ample copies available to the public. Upon vote: All ayes. Motion carried. City Council Minutes Monday, November 24, 2008 Page 9 of 22 Motion by Diehm, second by Kelzenberg to approve Resolution No. 2008-282, accepting bids and awarding the 2008 Sanitary Sewer Lining Project #0804 to Insituform Technologies USA, Inc. of Chesterfield, Missouri, based upon their low, qualified, responsible bid in the amount of $ 99,076.00 with funds to be appropriated from Fund 652-50804-5185; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: All ayes. Motion carried. C. Other Business -none ADMINISTRATIVE REPORTS Report of the City Manager Nawrocki asked for further consideration of expenditures, as people have received their tax statements and soiree have substantial increases. We should also consider possible State cut backs and un-allotments. Nawrocki suggested reductions in the newsletter costs. Nawrocki stated that the City Manager gave him the information requested from the National League of Cities Conference that he requested. Fehst stated that Mr. Mike Ballentine's email stated dissatisfaction regarding disrespectfully comments made by the City Attorney during last meeting's discussion on the abatement ordinance. Fehst spoke of the audience participation in the RIBS discussion that was overdone. He indicated that sometimes you speak before your brain realizes it. No offense was intended. Fehst apologized for anything he has said in the past or may possibly say in the future. The frustration may have come from the long discussion. Hoeft stated that his comments were not meant to be said in public, and he apologized to the City Council and anyone speaking at the time. He prefers to be more professional than that. Nawrocki questioned the assessment policy and charging residents on Tyler an avenue and street charge. The understanding is that we don't assess residents for work on county roads. He stated that he discussed this with the Public Works Director, who referred to the policy to charge everyone on the avenue if there is a dead end. Nawrocki asked that that it be changed back. Young stated this is a policy that we believe was adopted in 1976, and based on research the same policy was followed prior to that. What Councilmember Nawrocki is referring to is some addresses pay both a street and avenue assessment. She indicated that other examples can be provided. Nawrocki indicated that there was no work done on 44t". Fehst referred to soiree county roads that were not assessed and only temporarily patched. Young stated that this is along-standing policy and offered to do further research on this. Fehst distributed the Public Safety building update. Some bids will be awarded on December 8t''. Nawrocki asked where we stand. Fehst read the information from the report distributed. Report of the City Attorney -nothing to report CITIZENS FORUM Donna Sclunitt referred to item H on the consent agenda. She asked why we are not getting more than one bid. Fehst stated that IS Director Aleksandr Cherin thoroughly researched this and looked City Council Minutes Monday, November 24, 2008 Page 10 of 22 for other avenues and vendors. He was not satisfied with any other system. Fehst suggested she call him. Schmitt stated that her son recommended another company, which is a local company. Fehst requested they contact us to be added to our vendor list. Harold Holum, 4200 aid Street, stated that the American Flag displayed is a navel flag and is not to be displayed in civil buildings. Fehst asked Councilmember Nawrocki to research this. COUNCIL CORNER Kelzenberg • Hope everyone has a happy Thanksgiving. When touring other cities, you realize that we have a lot to be thankful for. Williams Wished everyone a great Thanksgiving and holiday season. We have a lot to be thankful for. Tough times never last, but people do. Our Chief of Police is doing a great job. Crime is down 41% this month, and 18% this year. He is very pro-active. Read policing activities from the green sheet. Diehm • Wished everyone a Happy Thanksgiving and encouraged them to share with local food shelves. Nawrocki • Wished everyone a pleasant Thanksgiving. • Made comments relative to the budget and when he brought up "doing more, with less". We sent the Assistant Finance Director to courses on this and trusts that someone is looking to see that we are doing more with less. • The Truth and Taxation meeting is next Monday, December 1, 2008. Come if you think it is great or if you disagree, we want to hear that too. • Attended the State League and Metro League meeting and referred to the problems the State is facing. They had a session on "Sewer Tool-kit''. We have good people doing a decent job, but he will turn it over to the Public Works Department to review. Has available a copy of session law summaries. The League adopted legislative policies for the next year. • Referred again to the upcoming Sister City Committee fund raiser. Peterson • This time of year it is tough for service men and women to be away from home. Thank them. • Jessie Davies, our employee, is back from Iraq. We are glad to have hiin back. • Wished everyone a Happy Thanksgiving. The holiday season is starting and it should be a happy time. When the going gets tough the tough get going. Don't paint a doom and gloom picture. Things are better, we have more, and we forget how good we have it. This is still the best country in the world. • Let's not take ourselves too seriously and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:40 p.m. City Council Minutes Monday, November 24, 2008 Page f 22 .~ ~ _ .-~g., ~ ._ ~ Patricia Muscovitz CMC City Clerk RESOLUTION N0.2008-280 BEING A RESOLUTION ESTABLISHING SENIOR CITIZENS OR RETIRED AND DISABLED PERSONS HARDSHIP SPECIAL ASSESSMENT DEFERRAL WHEREAS, immmediate payment of special assessments or installments an special assessments cast an undue hardship on some persons owning homestead properties who are 65 years of age or older or retired by virtue of a permanent and total disability for whom it would. be a hardship to make payments, and. Whereas, Minnesota Statutes 435.1.93 - 435.195 makes it possible for a home rule charter city to pass a resolution establishing standards and guidelines for determining the existence of a hardship and for determining the existence of a disability. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS: 1. This deferral procedure shall apply only to assessments which are payable in five or more annual installments. 2. This deferral procedure shall apply only to property owned and occupied by the elderly, retired, or disabled applicant. Ownership and occupancy must be the same nature as would qualify the applicant for a homestead exemption for tax purposes. 3. This deferral procedure shall apply only to homestead property owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments. Permanent and total disability shall have the same definition for purposes of assessment deferral as is used for social security purposes. 4. This defer-al procedure shall not be construed as to prohibit the determination of hardship on the basis of exceptional and unusual. circumstances not covered by the standards and guidelines herein so long as determination is made in a nondiscriminatory manner and does not give the applicant an unreasonable preference or advantage over other applicants. 5. In order to obtain a deferral of an assessment, the homeowner must make application on the forms prescribed by the City Clerk. 6. The option of the homeowner to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due and payable upon the occurrence of any of the following events: the death of the owner, provided that the spouse is not otherwise eligible for benefits hereunder; the sale, transfer or subdivision of the property or any part thereof; if the property should for any reason lose its homestead status; or if for any reason the City shall determine that there would be no hardship to require immediate or partial payment. 7. No deferral may be granted unless the homeowner makes application to the City Clerk within thirty (30) days after adoption of the assessment by the Council. 8. The deferral shall apply to only 50% of the annual installment payment. If the 50% is not paid in a timely manner, the balance of the annual installment along with all future installments shall become immediately due and payable. 10. No defer-al shall be granted to any oEVner :vho has a gross annual household income from all sources in excess of $29,000. 11. No deferral may be continued from year to year unless the owner shall file a renewal application before September 15`h of each year. l2. No special assessment may be defer-ed for a period longer than the time set by the Council as the time over which the project is to be assessed. 13. Interest on deferred assessments shall be at the rate set by the Council in its resolution adopting the assessment roll, and such interest shall be added to the amount deferred and shall be paid in accordance with Minnesota Statute 435.195 and this Resolution. RESOLUTION N0.2008-28I RESOLUTION APPROVING THE REVIEW OF THE DRAFT 2030 COMPREHENSIVE PLAN UPDATE FOR THE CITY OF COLUMBIA HEIGHTS WIIEREAS, the City of Columbia Heights is in the midst of updating its Comprehensive Plan and has completed the draft, and; WIIEREAS, the City of Columbia Heights submitted for an extension to the deadline for submittal for the Comprehensive Plan to the Metropolitan Council, and; City Council Minutes Monday, November 24, 200$ Page 12 of 22 WHEREAS, the approval of the review of the draft plan will enable the City of Columbia Heights to submit the draft copy of the Comprehensive Plan to the abutting jurisdictions for their review and approval, and; WHEREAS, the City of Columbia Heights will hold a joint City Council and Plam~ing Commission meeting in January 2009 for a formal review of the draft Comprehensive Plan, and; WHEREAS, the City of Columbia Heights will open the joint City Council and Plam~ing Commission meeting held in January 2009 to the public for their input. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council approves the review of the draft Comprehensive Plan in order to allow its distribution to the abutting jurisdictions for their review and approval. RESOLUTION 2008-286 Resolution of the City Council for the City of Columbia Heights declaring the properly a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Nichole Theis (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real. property located at 5056 Washington Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Colwnbia. Heights Code, Chapter 8, Article Il, 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 October 39, 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 September 22, 2008 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 29, 2008 inspectors re-inspected the property listed. above. Inspectors noted that two violations remained. uncorrected. A compliance order and statement of cause was mailed. via regular mail to the owner listed in the property records. 3. That on November I4, 2008 inspectors reinspected the property and found that two violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall sod, lay down grass seed or install approved landscaping material on all bare areas of the yard and shall clean up all oil in the driveway that is running into the yard 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 5056 Washington 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 l . The property located at 5056 Washington 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 2008-287 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 Dewey J. Kinzer Jr. (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4955 Johnson Street N.E. Columbia Heights, Minnesota. City Council Minutes Monday, November 24, 2008 Page 13 of 22 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 October 27, 2008. Now, therefore, in accordance with the foregoing, and ali 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 July 17, 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 August 29, 2008 the owner called and requested an extension of time. An extenstion to October 27, 2008 was given. 3. That on October 27, 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. 4. That on November 17, 2008 inspectors reinspected the property and found that one violation remained uncorrected. 5. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove the dead maple tree in the back yard. Shall remove the tree stump to a minimum of 2-4 inches below ground level. 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 4955 Johnson Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4955 Johnson Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2008-288 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 Bob Landucci. (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4029-31 2"d Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on October 297, 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 September 25, 2008 an inspection was conducted on the property listed above. Inspectors found seven violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 29, 2008 inspectors re-inspected the property listed above. Inspectors noted that seven 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 November 13, 2008 inspectors reinspected the property and found that seven 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 or replace the front storm that is torn off, shall remove all areas of scrub growth A. Shall repair or replace the damaged garage service door, shall. repair or replace the deteriorated driveway, shall replace the broken front window on the lower unit, shall remove the dead tree (and all of the tree stump(s)) in the front yard to within 2-4 inches below ground level, shall repair or replace the front storm that is torn off 5. That all parties, including the owner of record and any occupants or tenants, Dave 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 4029-31 2"d Street N.E. is in violation of the provisions of the Columbia Heights City Code City Council Minutes Monday, November 24, 2008 Page 14 of 22 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 4029-31 2"~ 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 2008-289 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 Alexander Cajucom (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 679-81 46"' Avenue N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on October 29, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on October 22, 2008 the Fire Department was at the property to check for occupancy and found the property on the 681 side unsecured. A notice was sent to the address listed on the rental housing license application. A recheck of the property on October 29, 2008 noted that the property remained unsecured.. The Fire Department contacted DuAll Restorageion Services to board up and secure the building to prevent unauthorized entry. 2. 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 i~mnediate abatement of the hazardous structure located at 679- 81 46`h Avenue N.E. 3. 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 679-81 46`h Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth. in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all. applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 679-8I 46th Avenue N.E. constitutes a nuisance pursuant ±o City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2008-290 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 11, of City Code, of the property owned by Citi Residential Lending (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 961 37`h Avenue N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on October 29, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on October 6, 2008 the Fire Department was at the property to check for occupancy and found the property on the 681 side unsecured. A notice was sent to the address listed on the rental housing license application. A recheck of the City Council Minutes Monday, November 24, 2008 Page l 5 of 22 property on October 29, 2008 noted that the property remained unsecured. The Fire Department contacted DuAll Restoration Services to board up and secure the building to prevent unauthorized enhy. 2. 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 hazardous structure located at 961 37`x' Avenue N.E., 3. 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 961 37`~ Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 961 37`h Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2008-292 Resolution of the City Council for the City of Colwnbia 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 Gregory Stull (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3930 University Avenue N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth. the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on October 29, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on October 29, 2008 the Fire Department was at the property to check for occupancy and found the property unsecured. The property was deemed. hazardous by the Fire Chief and it was decided. to abate the property. The Fire Department contacted DuAll Restoration Services to board up and secure the building to prevent unauthorized entry. 2. 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 hazardous structure located at 3930 University Avenue N.E. 3. 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 3930 University Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 3930 University Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2008-293 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 Katherine Crosby (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1162-64 Cheery Lane N.E., Columbia Heights, Minnesota, City Cow7cil Minutes Monday, November 24, 2008 Page 16 of 22 Whereas, pursuant to City Code, Chapter SA, Article IV, Section ~A.40$(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on November 6, 2008 of an public hearing to be held on November 24, 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 September 25, 2008 inspectors for the City of Columbia Heights, inspected the property described above and noted eight 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 November 6, 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 November 12, 2008 inspectors for the City of Columbia Heights performed a reinspection and noted that three 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: 1162 -Shall hook up the dryer vent so that it vents to the outside, 1162 - Shall repair the hot water heater pressure relief valve so that the valve extends to within 18" of the floor, 1162 -Shall replace all covers on that are missing electrical outlets. 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 F9347 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 2008-294 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 Steve Look (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4326-32 Monroe 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 November 4, 2008 of an public hearing to be held on November 24, 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 l . That on or about September 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 November 4, 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 renewal rental license application and fees and failure to schedule an annual rental relicensing inppection 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 11I 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 F882] 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 Monday, November 24, 2008 Page 17 of 22 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 2008-295 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 Josephine Masita (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real properly located at 5016 6`'' Street N.E. Colwnbia 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 November 4, 2008 of an public hearing to be held on November 24, 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 September 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 November 4, 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: a. 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 SA306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8710 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 2008-295 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article 1V, Section SA.408(A) of that certain residential rental license held by Josephine Masita (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 5016 6th Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on November 4, 2008 of an public hearing to be held on November 24, 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 September 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 November 4, 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 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). City Council Minutes Monday, November 24, 2008 Page 18 of 22 ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8710 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 2008-296 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 Sunday Olateju (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4135 Jefferson 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 November 4, 2008 of an public hearing to be held on November 24, 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 September 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 November 4, 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 renewal rental license application and fees, and failure to schedule an annual rental relicensing 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 F8697 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 200$-297 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 Dave Buchanan (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3906 Van Buren 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 November 4, 2008 of an public hearing to be held on November 24, 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 September 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 November 4, 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. City Council Minutes Monday, November 24, 2008 Page 19 of 22 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 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 I . The rental license belonging to the License Holder described herein and identified by license number F8663 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 2008-299 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 Eric Russell (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3806 Jackson 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 November 4, 2008 of an public hearing to be held on November 24, 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 September 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 November 4, 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 renewal rental license application and fees, and failure to schedule an annual rental relicensing inspection. 4. That al] 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 F8832 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 shat! remove themselves frog. the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2008-300 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 Nathan Erickson (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real properly located at 521 Mill 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 far the proposed Council action contained. herein was given to the License Holder on November 4, 2008 of an public hearing to be held on November 24, 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 September 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. City Council Minutes Monday, November 24, 2008 Page 20 of 22 2. That on November 4, 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 renewal rental license application and fees, and failure to schedule an annual rental relicensing 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 F8619 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. ORDINANCE NO.1559 BEING AN ORDINANCE ESTABLISHING CHAPTER SB, REGARDING ABANDONED PROPERTY THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN: Chapter 5B, Article 1-7, Abandoned Property, is hereby added to read as follows: CHAPTER SB. ABANDONED PROPERTY ARTICLE 1. PURPOSE AND DEFINITIONS Section 1: Purpose. Abandoned buildings that are not maintained contribute to the detriment of neighborhoods, increase crime, and diminish property values of a city. For the benefit of the community, the City of Columbia Heights has deemed it necessary and appropriate to maintain, preserve and improve housing by providing an orderly and effective way to insure compliance with housing codes and provide a system to increase concerns for health, safety and protection of the community. Section 2: Intent; Relation to the Provisions of Ci Code. The City Council intends that the Abandoned Property Ordinance be an integral part of the City's program of health, safety, fire, building and land use regulation. It shall be a portion of the City Code, to be construed liberally in conjunction with other provisions of the City Code to give effect to the policy, purpose, and objectives in this Section, but is not to be construed to modify, amend or otherwise alter the provisions of the City Code relating to health, safety, or building and land use regulations. Section 3: Definitions. I. Abandoned Property: The discontinued use or activity of a property for any reason, but excluding temporary interruptions during periods of building or remodeling where a valid building permit has been issued or during periods of routine seasonal closure. 2. Board of Appeals: The Columbia Heights City Council 3. Building: Any roofed structure that may provide shelter. 4. Certificate of Occupancy: A document issued by the Building Official allowing for occupancy or use of a building, and certifying that the structure or use 17as been consthucted ar will be used in compliance with all the applicable caries and ordinances. 5. Code Official. The Code Official refers to the current city Building Official or designee. 6. Co»~pliance Order: A document issued to the owner of a property after a building code inspection. that requires the correction of identified deficiencies or hazardous items. 7. hn~nediate Hazard: A condition, structural failure, or defect that is likely to cause immediate injury to a person or property if not corrected. 8. Propert)~: Real estate, including any improvements therein. 9. Renewal Fee: Fee paid for new Certificate of Occupancy, which includes related inspections. 10. Vandalise: To destroy or damage (property) maliciously ARTICLE 2: DETERMINATION OF ABANDONED PROPERTY Section L Investigation. The Code Official, or designee, shall be responsible for the investigation of all properties or complaints concerning vacant or abandoned property. Section 2: Declaration of Abandoned Property. The Code Official shall declare a property abandoned if the property is vacant and there is evidence of one or more of the following: a) Reoccurring City Abatement processes. b) Building has been declared uninhabitable. City Council Minutes Monday, November 24, 2008 Page 21 of 22 c) Vandalized structures. d) Lack of exterior maintenance per Housing Maintenance Code standards. e) Repeated calls for service (police, fire, etc). f) Structural damage. g) Utility service shut off pursuant to delinquent billing/payments h) Property abandoned through Section 582.032 Subdivision 2 MN State Statute. Article 3: Certificate of Occupancy Section 1: Revocation of Certificate of Occupancy. If a property is declared abandoned as defined in Article 2 Section 2 of this ordinance, the property's Certificate of Occupancy will be revoked, and the property will be posted to prevent occupancy. Section 2: Notification of revocation of Certificate of Occupancy. The city will make every effort to notify the current property owner; Real Estate Agent; Asset Manager; or any other individual known to the City that is involved in the transaction for sale of the property of these actions by way of US Mail and by posting the same on the property. Section 3: Building Code Inspection. Once the Certificate of Occupancy has been revoked for a property, a Building Code Inspection must take place prior to a new Certificate of Occupancy being issued. 1. The Building Code Inspection may result in corrective actions. A Compliance Order may be issued to the owner when deficiencies, unsafe conditions, or hazardous items have been identified. during a housing inspection as described in the Columbia Heights Property Maintenance Code Chapter S.A. and the MN State Building Code provisions. 2. The corrective actions must be completed and pass inspection by the Code Official in order to have a new Certificate of Occupancy issued for the property. 3. If corrective actions are not warranted a new Certificate of Occupancy will be issued by the Code Official. Section 4: Issuance of Temporary Certificate of Occupancy with Financial Guarantee. Far corrective actions the city may issue a Temporary Certificate of Occupancy if the buyer, seller or other responsible person. has: 1. Executed an agreement with the city to complete the correction actions in a timely manner and 2. Deposited with the city a cash escrow, bond, letter of credit, proof of construction loan or similar financial guarantee equivalent to 110% of the estimated cost of corrections. a. if escrowed items contain immediate hazardous items, the Temporary Certificate of Occupancy will be withheld from the new property owner until these items are satisfactorily completed and inspected by the Code Official; until that time the building may not be occupied. b. Once the correction items have been completed, and are in compliance with the Property Maintenance Code as approved by the Code Official, a New Certificate of Occupancy can be issued replacing the Temporary Certificate. ARTICLE 4: ADMINISTRATION Section 1: Application & Inspection l . Application Required. The owner or owner's representative is required to make application for the issuance of a new Certificate of Occupancy, which would include the inspection by the Code Official. 2. Fee. At the time of issuance, the applicant for a new Certificate of Occupancy must pay a fee appropriate for the type of building as set forth by annual City Council resolution. 3. Inspection. Upon receipt of a properly executed application and payment of the fee, the Code Official. will cause a property maintenance inspection to be made of the premises to ensure the property is in compliance with applicable provisions of the City of Columbia Heights Property Maintenance Code Section S.A. and the Minnesota State Building Code. 4. Final Inspection. Upon completion of repairs or corrections made to the property per the Compliance Order, the property owner shall request the Code Official to conduct a final inspection, which may be combined with final building permit inspection, where required. ARTICLE S: APPEALS A person aggrieved by a Declaration of Abandoned Property or Compliance Order may appeal for relief from the action of the Code Official to the City of Columbia Heights Board of Appeals. The decision and order of the Board of Appeals shall be binding to all parties. A hearing shall be set within 30 days after receipt to the City of a written appeal. ARTICLE G: VIOLATIONS AND PENALTY Any person, firm, or corporation who violates or refuses to comply with any of the provisions of this ordinance, upon conviction thereof, shall be punished as provided in Section 1.999. Each day that a violation exists shall constitute a separate offense. City Council Minutes Monday, November 24, 2008 Page 22 of 22 Article 7: Effective Date This ordinance shall be in full force and effect from and after 30 days after its passage. RESOLUTION N0.2008-284 ADOPTING INSPECTION FEES FOR ORDINANCE NO. 1559, ABANDONED PROPERTY WHEREAS: Ordinance 1559 established the City of Columbia Heights Abandoned Property Ordinance; and WHEREAS: The City is attempting to establish fees that are reasonable to cover costs for said inspection; and WHEREAS: The City will review these fees annually to ensure they cover the expenses of said program; NOW, THEREFORE, BE IT RESOLVED that the attached proposed fee schedule be adopted and effective November 24, 2008 through December 31, 2009. FEES FOR ABANDONED PROPERTY INSPECTIONS Effectn~e November 2~t, 2008 tlarou~h Decenlbe~° 31, 2009 Fee for Inspection $250 per unit (including re-inspections and issuance of a temporary Certificate of Occupancy or new Certificate of Occupancy} RESOLUTION N0.2008-283 RESOLUTION APPROVING A MINOR SUBDIVISION WITH CERTAIN CONDITIONS FOR THE CITY OF COLUMBIA HEIGHTS WHEREAS, a proposal (Case No. 2008-1101) has been submitted by the City of Columbia Heights requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: 950 - 40`h Avenue NE EXISTING LEGAL DESCRIPTION: On File at City Hall PROPOSED LEGAL DESCRIPTION: On File at City Hall THE APPLICANT SEEKS APPROVAL OF A MINOR SUBDIVISION. WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed subdivision upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on November 5, 2008. NOW, THEREFORE, BE TT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The proposed subdivision of land will not result in more than three lots. 2. The proposed subdivision of land does not involve the vacation of existing easements. 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. 4. The proposed subdivision does not requir e the dedication of public rights~of way for the purpose of gaining access to the property. 5. The property has not previously been divided through the minor subdivision provisions of this article. 6. The proposed subdivision does not hinder the conveyance of land. 7. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. 8. The proposed subdivision meets all of the design standards specified. in the §9.114. FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. CONDITIONS: 1. Ali applications materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 2. The applicant shall pay a park dedication fee in the amount of $1,500, due at the time of the recording of the minor subdivision with Anoka County.