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HomeMy WebLinkAboutJune 22, 2009OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JULIE 22, 2009 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, June 22, 2009 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. Resolutions naay be found at the end of this document. CALL TO ORDER/ROLL CALL/INVOCATION Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed Resolutions 2009-91, 2009-92, and 2009-93 in that the properties have been brought into compliance. Nawrocki requested an update on the RIBS program, the cable franchise renewal, public safety building costs, and the new gymnasium costs. Peterson stated these will be answered under the Manager's Report. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Presentation Mayor Peterson introduced Congressman Keith Ellison. Ellison stated his gratitude for local government letting him know the wishes of the local people and invited the Council members to visit him in Washington, D.C. He stated he speaks to all cities in the 5th Congressional District. Ellison referred to his efforts to obtaining funding for the gateway pedestrian bridge construction. This project is a high priority and will be a signature amenity for Columbia Heights. Ellison stated the North Star Commuter Rail stop is a high priority project for the City of Fridley. Items happening in Washington are: markups on the healthcare bill (being called a "public option"), and the six year reauthorization transportation plan. Ellison stated that he has co-authored a transportation bank bill, which would create six million jobs. He explained the recently passed credit card bill of rights. An anti-predatory lending bill was also passed, which he contributed to. Also coming up is the American Clean Energy Security Act to create clean energy jobs and work toward a better environment. Ellison asked for questions or input. Diehm thanked him for his work on our bridge project, as it is for the safety of our school children and is a gateway to our community. She also thanked him for his efforts on the Universal Default law. She became aware of the horror stories associated with credit cards by reading a paper her son wrote on the subject. Regarding being close to the people, as local decision makers we are affected by upper government, like our state government that will not raise taxes and yet they are balancing the budget by cutting our state aid. We are the ones left to deal with those measures. Nawrocki commended Congressman Ellison's work on the health care issue. Nawrocki stated that he had requested aid for the public safety building rather than the bridge, which belongs to the State; they should handle it, considering the liability included. Ellison stated that he continues to work on funding for the public safety building. Williams thanked him for his support of the bridge. Kelzenberg thanked him for all he does. City Council Minutes Monday, June 22, 2009 Page 2 of 14 Peterson also thanked Congressman Ellison for his hospitality during their visit to Washington and thanked him for keeping the lines of communication open. Peterson referred to partnerships and working with the School District to build two gyms. This shows what can be accomplished by working together. Peterson introduced the representative of CenterPoint Energy to present the Community Partnership Grant. Tom Posteric, resident and employee for CenterPoint Energy, listed his association with the company. He stated that this grant is a check for $2,000 to purchase protective clothing for the fire department. Motion by Nawrocki, second by Williams, to accept the CenterPoint Energy Grant donation. Upon vote: All ayes. Motion carried. Peterson stated that Crest View facilities at 4444 Reservoir Boulevard will have an open house this Thursday and everyone is invited. CONSENT AGENDA Nawrocki requested the removal of items F and H for discussion. City Manager Walt Fehst took Council members through the Consent Agenda items. A. Approve minutes of the June 8, 2009, City Council meeting Motion to approve the minutes of the June 8, 2009, City Council meeting. B. Accept the minutes of the Columbia Heights Boards and Commissions Motion to accept the May 6, 2009, minutes of the Library Board meeting. C. Request Transfer of Funds from General Fund to Police Dept Budget to Reimburse Overtime Fund re: Off-Duty Employment Assignments Motion to transfer the $850.00 received from CHHS and Unique Thrift Stores from the General Fund to the Police Department 2009 Budget line item 1020. Police Overtime. D. Approve the reissuance of the license to operate a rental unit(s~ within the City of Columbia Heights at 4207-09 2nd Street N.E. Motion to issue arental-housing license to Marietta Bornholdt to operate the rental property located at 4207-09 2nd Street N.E., in that the provisions of the Property Maintenance Code have been complied with. E. Authorize Staff to seek bids for 2009 Sanitary Sewer Pipe Lining Project Motion to authorize staff to seek bids for the 2009 Sanitary Sewer Pipe Lining Project for the pipe segments identified herein. F. Adopt Resolution 2009-81, being a Resolution Authorizing the City to enter into an agreement with MnDOT to act as the City's a~;ent in accepting Federal Funds under the Federal American Reinvestment and Recovery Act (ARRA) -removed G. Accept Work and Authorize Final Payment for Sanitary Sewer Lining, Project 0804 Motion to accept the work for Sanitary Sewer Lining, City Project No. 0804, and to authorize final payment of $5,286.16 to Insituform Technologies, USA, Inc. of Chesterfield, Missouri. City Council Minutes Monday, June 22, 2009 Page 3 of 14 H. Distribute 2008 Comprehensive Annual Financial Report and the Independent Auditors' Report/Set Date for Presentation by Auditor -removed I. Approve attached list of rental housing license applications, in that they have met the requirements of the Property Maintenance Code Diehm stated that 1000 Peters Place is on the list. She asked if they have been fined. Fehst stated that they were fined, but this property has not been the problem it was in the past. Motion to approve the items listed for rental housing license applications for June 22, 2009. J. Approve Business License Applications Nawrocki asked if the police have approved the licenses. Fehst stated yes. Diehm asked if the ice cream truck is just for the jamboree or for general use. Fehst will check and get back to her. Motion to approve the items as listed on the business license agenda for June 22, 2009 as presented. 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 130646 through Check Number 130819 in the amount of $1,165,665.99. Motion by Williams, second by Diehm, to approve the Consent Agenda items with the exception of items F and H. Upon vote: All ayes. Motion carried. F. Adopt Resolution 2009-81, being a Resolution Authorizing the City to enter into an agreement with MnDOT to act as the City's agent in accepting Federal Funds under the Federal American Reinvestment and Recovery Act (ARRAS Nawrocki stated his feeling that this is the State's responsibility. They should build the bridge and maintain it. Also, one-half of the bridge is located in the City of Hilltop. Nawrocki stated that the $3,000,000 has not been approved and questioned what the city will have to contribute. Hanson stated there is a $2,570,000 grant and $475,000 grant through Ellison's office, which require an 80- 20 match. We anticipate a cost of $3.2 million and will continue to search other resources to assist with the matching funds. If no other funding is obtained, there may be state aid money used. Nawrocki questioned if any one has spoken to representatives of the drug store. Hansen stated that he and our agent have spoken to both adjacent property owners regarding the bridge. Diehm stated her comfort with this resolution allowing MnDOT to accept funds on our behalf. Motion by Diehm, second by Williams, to waive the reading of Resolution No. 2009-81, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution No. 2009-81, being a resolution authorizing the City of Columbia Heights to enter into Agreement No. 94788 authorizing MnDOT to act as the City's Agent in accepting Federal Economic Stimulus Funds for City Project No. 0906, TH 65 Pedestrian Bridge. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, abstain; Peterson, aye. 4ayes - 1 abstention. Motion carried. H. Distribute 2008 Comprehensive Annual Financial Report and the Independent Auditors' Report/Set Date for Presentation by Auditor City Council Minutes Monday, June 22, 2009 Page 4 of 14 Nawrocki stated that this eliminates the Council's ability to meet with the auditor to ask questions. The budget and audit are very important items and we should spend more time on it than this. He stated that he does not want to read and understand the audit by himself. Diehm stated her understanding that this presentation will be an improvement. In the past we sat in a small room with very limited attendance. It was felt that it would make more sense to distribute the audit books, allow three or four weeks to look at them, have the ability to meet with staff, refine our questions, and the auditors have agreed to make a presentation at a council meeting on T.V. If there are questions, they would be able to look at them ahead of time. This will allow a very open and transparent discussion. She stated that no one is limiting the number of questions to be asked, but would limit the time spent during the televised public portion of the meeting. Members can ask questions for hours and hours ahead of time. Motion by Diehm, second by Williams, to recognize that the 2008 Comprehensive Annual Financial Report for the City of Columbia Heights including the Independent Auditors' Report, and Management Letters from HLB Tautges Redpath Ltd., were distributed to council members on June 22, 2009, and to schedule a brief presentation by our auditor for the July 13, 2009 City Council meeting, and to request that any questions related to the financial report or audit be submitted to staff by July 6, 2009. Nawrocki stated this will be the worst audit presentation he has been involved with. It was described at the work session as a presentation, and now is described as a brief presentation. It is a ludicrous procedure. Peterson stated that we have just been elevated to the AA bond rating and our finance department continues to receive awards for their audit. Nawrocki stated that we pay extra for that citation. Fehst stated that we pay an administrative fee. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. All ayes. Motion carried. PUBLIC HEARINGS A. Adopt Resolutions 2009-85, 4916 Tyler Street N.E., 2009-86, 4657-59 5th Street N.E., 2009-87, 1401 46th Avenue N.E. 2009-88 654-56 47th Avenue N.E. 2009-89 3723 Jackson Street N.E. 2009-90 5009 4th Street N.E., 2009-91, 4357 Tyler Place N.E., 2009-92, 4648 Polk Street N.E., and 2009-93, 1324-26 Circle Terrace Blvd. N.E. being Resolutions approvin rental license revocation for failure to meet the requirements of the Property Maintenance Codes Fire Chief Gary Gorman listed violations for the properties. Diehm questioned Resolution 2009- 86 and 91 being identical. Gorman stated there was an address error on Resolution 2009-91, but that property was given an extension. Nawrocki stated that 3723 Jackson has tall grass and weeds. Motion by Williams, second by Diehm, to close the public hearing and to waive the reading of Resolution Numbers 2009-85, 86, 87, 88, 89, and 90, being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Resolution. Numbers 2009-85, 86, 87, 88, 89, and 90, being Resolutions of the City Council of the City of Columbia Heights approving City Council Minutes Monday, June 22, ?004 Page 5 of 14 revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental licenses listed. Upon vote: All ayes. Motion carried. B. Adopt Resolutions 2009-94, 961 37th Avenue N.E. and 2009-95, 1412 Parkview Lane N.E. being declarations of nuisance and abatement of violations within the City of Columbia Heights Gorman stated the abatement violations. Motion by Kelzenberg, second by Diehm, to close the public hearing and to waive the reading of Resolution Numbers 2009-94 and 95 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution Numbers 2009-94 and 95 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 properties pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. Nawrocki stated that 4506 and 4508 Fillmore have tall grass. C. Adopt Resolution 2009-84 Approving a Modification to the Downtown Central Business District (CBD) Revitalization Pian and Modif~g the TIF plan for University Avenue (C8) Motion by Kelzenberg, second by Williams, to waive reading of Resolution 2009-84 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2009-84, approving a modification to the Downtown Central Business District (CBD) Revitalization Plan for the CBD Redevelopment Project; and a Modification to the Tax Increment Financing Plan for the University Avenue Redevelopment (C8) Tax Increment Financing District. Scott Clark, Community Development Director, referred to the City's goal to improve our housing stock. We will begin the "Make Heights Your Home" program, down payment assistance program, have the abandoned and vacant property ordinance (currently with i i G homes certified under the program and 25 inspections), changed how we do initial rental approvals (with 80 new rentals -mainly single family conversions), and on July 20 we will have open house meetings on the point of sale program. We are working with Anoka County on a neighborhood stabilization program. They have purchased seven properties, five of them are in Columbia Heights. Clark stated this request is to proceed with a Scattered Site Housing program by purchasing properties that are functionally obsolete, have structural issues, and/or with mold remediation. We will look at three additional purchases in the near future. The district will cover the amount paid and the sale of the property. We hope to pick up 25 to 30 properties to demolish and sell again when the market improves. The issue is where to find the money and the suggestion is to modify the University Avenue TIF District, known as the C8 District. The district will decertify at the end of 2010. To spend the funds and use them for another purpose, we need to do a tax increment financing plan modification. This changes the 1983 plan. Nawrocki questioned the packet information referral to actual expenditures and future expenditures. This district should have been decertified, rather than allowed to accumulate funds. The funds should have only been collected to pay costs incurred. Clark stated that these funds City Council Minutes Monday, June 22, 2009 Page 6 of 14 were collected as a debt service reserve. This is a redevelopment district. The principal use of the funds are done, but can be used for additional redevelopment. Nawrocki gave his opinion that these funds should have been used to reduce the tax rate. He stated that $300,000 is slated for administrative costs. Clark stated the budget reflects past actions and everything will be used for property acquisition. Nawrocki requested a specific explanation of the funds. Clark stated that the transactions are from 1985 to present. Clark explained the lengthy process to complete a district modification. The effective motion was handled through the EDA for a scattered site district. Nawrocki questioned specific wording in the document. Clark stated the requirement to update the 1985 document is necessary for the Secretary of State's Office. Clark stated that this does not authorize expenditures; such actions must be approved by the EDA or City Council. Clark stated that the funds are finite, as the district ends in 2010. Clark stated the $2.8 million refers to the amount paid out of the district since 1985. Nawrocki stated this again takes funds away from property tax relief and payment of city services. Bob Odden, 1201 42'/Z Avenue, questioned why the commercial area is included. Clark stated the dollars released through the modification would allow purchase of property anywhere in Columbia Heights. Clark stated there is a separate program for the Sheffield area. This is for a scattered site district, to buy the worst of the worst properties in the city. Fehst stated that the Council should speak up if this is something they want to do. Some homes are not in good shape and this would allow replacement of substandard housing with new homes. Odden suggested this be handled by private citizens. Fehst stated this is long overdue. Odden disagreed with double digit property taxes. Diehm stated this is a modification of the district, changing from a specific area to anywhere in our community. Peterson stated the goal is to help keep people from living in substandard homes. Nawrocki stated there is merit to the program to work on some of the homes, but when committing tax dollars it shuuld'oe dune hrough the uverali yearly budget. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions Adopt Resolution No. 2009-82 and Resolution No. 2009-83 Authorizing Fire Department Mutual Aid Agreements Gorman stated this request included two mutual aid agreements; one with other Anoka County agencies and one with the DNR, which is an upgrade of the current agreement. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution No. 2009-82 and Resolution No. 2009-83, there being ample copies available to the public. Upon vote: Ali ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2009-82 and Resolution No. 2009-83, being Resolutions authorizing Fire Department Mutual Aid Agreements. City Council 1Vtinutes Monday, 3une 22, 2009 Page 7 of 14 Nawrocki asked if we are in another mutual aid agreement. Gorman stated we are also part of the North. Suburban Mutual Aid Group. There are no significant changes, just clarifications and more current regulations, To answer Counciimember Nawrocki, Gorman stated that municipalities can pay other municipalities for their time, such as the Carlos Avery fire. Generally, there is no charge for local mutual aid. The DNR is part of the Anoka County Fire Protection Plan and this agreement would allow us to use some unique equipment that the DNR has. This includes a general rate schedule for municipalities to use. Upon vote: All ayes. Motion carried. B. Bid Considerations -none C. Other Business -none ADMINISTRATIVE REPORTS Report of the City Manager July 6 work session: phone system update, project change orders for mill and overlay, Sullivan and Silver Lake projects, security for Murzyn Hall and consideration of bar management, EMS taxing district, Hennepin Tec College training offer, fees for excessive calls for police service. Cable franchise renewal: A meeting was held with our attorney and the Comcast group. We have agreed on the city's position and their position is that we remain the only unit of government that has a community access building that they must retain. Nawrocki stated he has been attending the meetings. This body should discuss if they eliminate the cable studio how far we want to go to put together programs like they are now. Update on the public safety building: We meet on a weekly basis and communicate daily with the construction manager. The intent is to come in at $11.5 million, and be in the building at the end of September or beginning of October. We continue to look at furniture and appliances, phone systems, computers, etc. Gymnasium costs: $3, i 54,x00 -with some invoices still outstanding and a punch list to co~ripiete. Fehst described the opening ceremony. We will reach our budget of $3.5 million. Public hearings: Home inspection information meeting on June 29 and July 20 at Murzyn Hall.. Meeting input will be passed on to the City Council. Nawrocki indicated the program is for home sale inspections. Report of the City Attorney -nothing to report. CITIZENS FORUM Curt Olson, 3732 Buchanan Street, stated concern for the group home proposed at 3753 Buchanan Street. He described extremely disturbing information they have heard about this group home. He questioned if the owners will reside on the premises, who are they accountable to, and will. there be random checks on the residents/patients and by whom. Residents strongly want their concerns addressed. There is already an empty lot, a foreclosed home, and amulti-family home on their block. Olson stated they tried to speak to the owners, but were told it was not any of their business. Fehst indicated that State law takes the city out of the licensing process. There are a lot of them in town and we do not find out about them unless they are a big problem. Fehst suggested that the owners meet with the neighbors to answer their questions. City Councit Minutes Monday, June 22, 2009 Page 8 of 14 Diehm stated that if they are serving six or less patients, we can not regulate the facility. Jim Hoeft, City Attorney, stated that the City does not have involvement with regulation of the property. There are HIPPA laws covering who is there and what kind of care they are to receive. They are not very conducive to getting information to the neighborhood. Diehm stated we can help facilitate getting information. Debra Olson stated she spoke to the owner of the group home and they were defensive and rude. She had requested a meeting with the owner and was told that they did not have to do so. Rather than calm her fears, the owner made it worse. Fehst stated it would be best to work with them and meet with them. Peterson stated that we will help to obtain as much information as we can. Staff has looked into the restrictions. Peterson asked that the contact name be given to the Community Development Director. Fehst stated that we will contact the neighbors with information we receive. Nawrocki stated he was contacted and spoke to one of the owners. They have facilities in Fridley, Minneapolis, and one in Columbia Heights. They are licensed by the State and administered by the County. You can not learn the resident's medical issues. They are called adult foster care facilities. The first year the license is for one year, with a two year license for following years. Nawrocki read the requirements of the County and gave a County contact name. Debra Olson stated that the County person only indicated they needed to contact the building owner. COUNCIL CORNER Kelzenberg • Thanked Councilmember Williams and Bobby and Steve's Autoworld for hosting the fundraiser. It was enjoyable. Williams • Raised about $25,000 for the playground equipment. • Jamboree this week -hope everyone has a good time. Diehm • Gym. grand opening -encouraged everyone to stop in -this is a great testament to two entities working together. • Listed the Jamboree activities: parade Friday at 6 p.m. and fireworks Saturday at dusk. The Ambassador program will be on Sunday. Nawrocki • People with concerns about a house inspection program should attend the meeting on June 29'h at 6:00 p.m. • The gym grand opening was interesting, with accolades given. They forgot to thank the taxpayers. • Concerned about property taxes and the people of the community. It is important to analyze what we really need. Peterson • The opening of the gyms was exciting -especially for our youth. Stated his pride in the city, school district and our citizens. Team work is showing all through our community, including the gyms and public safety facility. Lighhouse of Columbia Heights, an assisted living facility, is moving forward. The park shelters are looking great and our parks are in great shape. We are a good community working together as a team. • Don't forget our service men and women. • Don't miss the Heights Idol competition -there are great, talented people in our community. • Don't take ourselves too seriously and do a random. act of kindness. City Council Minutes Monday, June 22, 2009 Page 9 of 14 ADJOLTRNIV~ENT Mayor Peterson adjourned the meeting at 9:26 p.m. atricia Muscovitz CMC ` City Clerk RESOLUTION N0.2009-81 BEING A RESOLUTION AUTHORIZING THE CITY OF COLUMBIA HEIGHTS TO ENTER INTO AN AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE CITY OF COLUMBIA HEIGHTS FOR FEDERAL PARTICIPATION IN CONSTRUCTION BE IT RESOLVED, that pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation be appointed as Agent of the City of Colwnbia Heights to accept as its agent, federal aid funds which may be made available for eligible transportation related projects. BE IT FURTHER RESOLVED, the Mayor and the City Manager, are hereby authorized and directed for and on behalf of the City to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and. contained in "Minnesota Department of Transportation Agency Agreement No. 94788", a copy of which said agreement was before the City Council and which is made a part hereof by reference. RESOLUTION 2009-85 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 Ahmed AI-Beheary (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4916-4916-1/2 Tyler 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 June 10, 2009 of an public hearing to be held on June 22, 2009. 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, 2009, 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 June 2, 2009 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). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F9171 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. City Council Minutes Monday, June 22, 2009 Page 10 of 14 RESOLUTION 2009-86 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 Howard L. Lapides (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4657-4659 5th Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article N, 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 June 12, 2009 of an public hearing to be held on June 22, 2009. 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 16, 2008 inspectors for the City of Columbia Heights, inspected the property described above and noted eleven 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 12, 2008 and December 4, 2008 extensions of time were requested and granted to the property owners 3. That on January 6, 2009 inspectors for the City of Columbia Heights performed a reinspection and noted that one violation remained uncorrected. That on January 15, 2009 a seasonal extension to June 2, 2009 was granted. 4. That on June 2, 2009 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. 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 install proper flashing on all. windows installed (basement, egress}, the Building Official never finalized the new windows put in. The Building Official inspected the windows and stated that to meet code proper flashing must be installed. 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 1. The rental license belonging to the License Holder described herein and identified by license number F9346 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 2009-87 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 Ernest Onyia (Hereinafter "License Holder"). Whereas, license holder is the legal. owner of the real property located at 1401 46`h Avenue, 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 June 4, 2009 and on June 9, 2009 of an public hearing to be held on June 22, 2009. 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 23, 2009 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 April. la, 2009 office staff mailed rental license renewal paperwork by regular mail to the owner at the address listed on the Rental Housing License Application. 3. That on May 3I, 2009 office staff reviewed the property and noted that the renewal license application had. not been received in the office. Statemen of Cause notices were mailed to the owner at the address listed on the Rental Housing License Application and posted on the property. City Council Minutes Monday, June 22, 2009 Page 11 of 14 4. That on June 4, 2009 inspectors for the City of Columbia Heights performed a reinspection and noted that one violation remained uncorrected. S. That on June 16, 2009 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. 6. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Shall repair the fence on the east side of the property and shall submit a renewal rental license application and applicable fees 7. 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 F9299 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 2009-88 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 David Holton (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 654-56 47-1/2 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 June 9, 2009 of an public hearing to be held on June 22, 2009. 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 t 5, 2009, 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 June 2, 2009 inspection office staff reviewed the property file and noted that the property remained unlicensed. AciiaiCn'ici2t (3f ~,'ailsc. VvaS liiaiied by r egiiiar mail to u e owner at till. address listed 2n the proper tj' Ce~ordS. 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 1. The rental license belonging to the License Holder described herein and identified by license number F9172 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 2009-89 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 Lilliana J. Letran (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3723 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 June 9, 2009 of an public hearing to be held on June 22, 2009.. City Council Minutes Monday, June 22, 2009 Page 12 of 14 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, 2009, 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 June 9, 2009 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 F9197 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 2009-90 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 Porfirio Perez (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 5009 4`h 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 26, 2009 of an public hearing to be held. on June 22, 2009. 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 May 12, 2009, inspection office staff sent a letter requesting the owner of the property to submit a rental license application and schedule a rental inspection for this property. The letter was mailed. by regular mail to the owner at the address listed m the property records. 2. That on May 26, 2009 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 by license number 05009 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 2009-94 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 Deutsche Bank (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. City Council Minutes Monday, June 22, 2009 Page 13 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 June 1, 2009. 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 December 1, 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 June I, 2009 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 June 12, 2009 inspectors reinspected the property and found that eight 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 install sod or seed or approved landscaped material on large bare area west of the driveway 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 961 37`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 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 2009-95 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 Edith. J. Johnson (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1412 Parkview Lane N.E. Columbia Heights, Minnesota. And '"whereas wauant to Coiiitiivia Hci"htS Codc ~r,ha°ter e Aiii%ic ii Section °u.2v6 written notice Scttin" foiui file %aiiScS and > ~ ~ ~ t' S reasons for the proposed council action contained herein. was sent via regular mail to the owner of record on June 4, 2009. 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 23, 2009 an inspection was conducted on the properly listed above. Inspectors found four violations. A compliance order was sent via regular mail to the owner at the address. 2. That on June 4, 2009 inspectors re-inspected the property listed. above. Inspectors noted that four violations remained uncorrected. A compliance order and statement of cause was mailed. via regular mail to the owner Listed in the property records. 3. That on June 12, 2009 inspectors reinspected the property and found that four violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall replace all/any siding on the house B. Shall replace all/any missing downspouts C. Shall remove all areas of scrub growth D. Shall repair all/any ripped/torn screens E. Shall replace all/any missing screens 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 1412 Parkview Lane N.E. is in violation of the provisions of the Columbia Heights City City Council Minutes Monday, June 22, 2009 Page 14 of 14 Code as set forth in the Natice of Abatement. 2e 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 1412 Parkview Lane 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 N0.2009-82 BEING A RESOLUTION AUTHORIZING A JOINT COOPERATIVE AGREEMENT FOR USE OF PERSONNEL AND EQUIPMENT BETWEEN MUNICIPALITIES IN ANOKA COUNTY WHEREAS, the City of Columbia Heights is a member of the Anoka County Fire Protection Council and its Fire Chief is its authorized representative, and; WHEREAS, a mutual need exists between members of the Anoka County Fire Protection Council to share and assist one another in the areas of fire suppression, prevention, training, public education, arson investigation, disaster control and mitigation, and; WHEREAS, the City of Columbia Heights considers it to be in the best interest of the City to enter into a mutual aid agreement with the other members of the Anoka County Fire Protection Council. NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights enter into a mutual aid agreement with other members of the Anoka County Fire Protection Council and hereby authorize the Mayor to sign such an agreement. RESOLUTION N0.2009-83 BEING A RESOLUTION AUTHORIZING A JOINT COOPERATIVE AGREEMENT FOR USE OF PERSOM~IEL AND EQUIPMENT WITH. THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES WHEREAS, The state of Minnesota, as authorized by M.S. 84.025, allows the Department ofNatural Resources (DNR) to enter into cooperative agreements with Municipalities, and; WHEREAS, The Commissioner of the Department of Natural Resources is requesting a Cooperative Fire Protection Agreement with Anoka County fire departments to provide assistance only when requested, when resources are available, and can be committed without diminishing either party's ability to protect its own jurisdiction. NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights enter into a cooperative agreement with the State of Minnesota, Department of Natural Resources in the prevention and suppression of wildland fires as authorized under M.S. 88.04 and hereby authorize the Mayor to sign such an agreement.