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HomeMy WebLinkAboutJuly 27, 2009OFFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, JULY 27, 2009 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, July 27, 2009 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Pastor Mauro Souza, Church of All Nations, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed Resolution Numbers 2009-103, 105, and 107, in that the properties have been brought into compliance. Nawrocki requested to add, under the manager's report, discussion of the City's newsletter. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Fireman's Fund Heritage Grant Presentation to Fire Department from the Fireman's Fund Insurance Company Fire Chief Gary Gorman stated that Fire Fighter Tony Cuzzupe found out about this grant for fire fighter equipment and the information to apply for this. This will be used to purchase two pulse oximeters. Wesley Hoskins, Fireman's Fund Insurance Company, described the purpose of the company and their Heritage program. On behalf of this company, he presented the Fire Department a check far $7,990.00. Cuzzupe showed a pulse oximeter and described the use of this machine "on site". Nawrocki asked if this was a budgeted item. Gorman stated no, and because of budgeting issues this is a better way to obtain such items. Fehst stated that the Police Department also obtains grants like this. Nawrocki indicated his feeling that it would have been better to purchase items that were part of the budget. Motion by Nawrocki, second by Diehm, to accept the Fireman's Fund Insurance Company grant of $7,990.00. Peterson stated that these units will help save lives in our community. He thanked Cuzzupe for his work to obtain this grant. Upon vote: All ayes. Motion carried. B. Police/Fire/Post Office softball game Peterson described the August 5th SACA charity softball event including the Columbia Heights Police and Fire Department, the Fridley Police and Fire Departments, and the Girls Fast Pitch team. A food donation item is requested. Captain Lenny Austin stated that the event grows every year. City Council Minutes Monday, July 27, 2009 Page 2 of ll Peterson stated that a Murder Mystery Dessert Theater put on by the Mill Street Players (High School Students) will be performed on August 6t" at Murzyn Hall. Nawrocki stated he attended the Moon Shoe Players production and the event was exceptional. CONSENT AGENDA Nawrocki requested to remove items C, E, G, H, and L. for discussion. City Manager Walt Fehst took Council members through the Consent Agenda items: A. Approve Minutes of the July 13, 2009, City Council Meeting Motion to approve the minutes of the July 13, 2009, City Council. meeting. B. Approve Minutes of the Columbia Heights Boards and Commissions Motion to accept the July 16, 2009, minutes of the Charter Commission. Motion to accept the June 1 and July 13, 2009, minutes of the Traffic Commission. C. Acct Donation of Property Located at 4147 - 7th Street -removed D. Approve Installation of "Two-wa~~" Signs at the Intersection of 5th Street and 52nd Aven_ ue_ Motion to approve "Two-way Stop" signs at the intersection of 5th Street and 52nd Avenue, stopping traffic on 5th Street, based on the recommendations of the Traffic Commission. E. Approve the Receipt of Justice Assistant Grant (JAG) Fund Monies/Public Comment and Review -removed F. Approve Transfer of Funds for Drug Task Force and Auto Theft Grant from General Fund to Police Department Budget to Reimburse Overtime Fund Motion to transfer $x,395.96, the amount of money received from Anoka County as partial reimbursement for overtime worked by our member in the AnokalHennepin Drug Task Force for the first quarter of 2009 and for reimbursement of hours worked as part of the County's Auto Theft grant, from the General Fund to the Police Department 2009 Budget line 1020, Overtime. G. Authorize Agreement with Hennepin Technical College for Training in Exchange for a Pumper Removed H. Approve Demolition Contract Bid for 4108 - 7th Street and 4502 Washington Street Removed I. Approve Reissuance of the License to Operate a Rental Unit(s) Within the City of Columbia Heights at 5009 4th Street N.E. Motion to issue arental-housing license to Porfirio Perez to operate the rental property located at 5009 4th Street N.E. in that the provisions of the Property Maintenance Code have been met. J. Approve 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 July 27, 2009. K. Approve Business License Applications Motion to approve the items as listed on the business license agenda for July 27, 2009 as presented. L. Approve Payment of Bills -Removed City Council Minutes Monday, July 27, 2009 Page 3 of 11 Motion by Diehm, second by Williams, to approve the Consent Agenda items, with the exception of items C, E, G, H, and Le Upon vote: All ayes. Motion carried. C. Accept Donation of Propert~Located at 4147 - 7th Street -removed Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2009-110, there being an ample amount of copies available to the public. Nawrocki questioned the value of the property and what we would pay. Fehst stated the appraised value is $32,000 and we will pay $1. Nawrocki asked what we will. do with the lot. Fehst stated we will demolish the building and keep the lot. Fehst stated that demolition will be approximately $7,000. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2009-110, accepting the donation of the property located at 4147 - 7th Street NE. Upon vote: All ayes. Motion carried. E. Approve the Receipt of Justice Assistant Grant (JAG) Fund Monies/Public Comment and Review Fehst stated that funds would be used for squad car cameras, allowing all of our squads to be so equipped. Nawrocki asked if these items were part of the budget. Austin stated they are not. Nawrocki stated the grants should used for budget items. Fehst stated that some grants do not allow the budget to be reduced. Diehm thanked both the police and fire departments for their grant application efforts. We have been working to cut costs without raising taxes more than necessary. Staff is seeking sources to obtain items we can not afford rather than coming to the City Council for funds. Motion by Diehm, second by Kelzenberg, to accept the receipt of $19,520 in Edward Byme Memorial Justice Assistance Grant (JAG) Program funds, $1,952 of which will be allocated to the City of Coon Rapids in exchange for administration of the grant. Upon vote: All ayes. Motion carried. G. Authorize Agreement with Hennepin Technical College for Training in Exchan e~ for a Pumper Fehst stated this is an opportunity to donation our 1977 pumper truck in exchange for training credits. Also, through a State program, for every dollar spent in training you received an additional dollar's worth of training. Fire Fighter Rob Miller made us aware of this program. Fehst complimented the Chief and his staff for finding ways to make the budget go further. Gorman stated that our training budget just covers the basics, but not near what is needed. Nawrocki questioned if this included the technician spoken of previously. Gorman stated that is a different program allowing an intern to do training work on our inspection program. Nawrocki asked if the intern would tour the community looking for violations. Gorman stated he is doing research in our department and may do soiree grass inspections. Gorman listed other communities that have donated equipment in exchange for training dollars. Motion by Nawrocki, second by Diehm, to authorize the Mayor and City Manager to enter into an agreement with Hemlepin Technical College to donate a 1977 Ford L9000 pumper to the college in exchange for $20,000 in fire and EMS training and classes as outlined in the agreement. Upon vote: All ayes. Motion carried. City Council Minutes Monday, July 27, ?009 Page 4 of t 1 H. Approve Demolition Contract Bid for 4108 - 7th Street and 4502 Washington Street Fehst stated this demolition contract is for two properties and is a reasonable price. Nawrocki asked if the lot will be restored. Fehst stated yes. Nawrocki asked the administrative costs. Scott Clark, Community Development Director, stated that the demolition contract work takes about five to seven hours. Motion by Nawrocki, second by Diehin, to approve the demolition contract for Demo, Dig and Haul in the amount of $15,940 for properties located at 4108 - 7th Street and 4502 Washington Street. Upon vote: All. ayes. Motion carried. L. Approve Payment of Bills Nawrocki questioned #131081 to Luther Toyota. Austin stated this is the replacement of an investigation unmarked vehicle that was totaled. The vehicle was fully depreciated. Nawrocki questioned # 131200, authorization for work by Jeff s Bobby and Steve's, relevant to Mr. Williams sitting on the Council, Motion by Nawrocki, to approved payment of the bills, including approval of check #131200 to Jeff's Bobby and Steve's. Second by Diehm. Nawrocki indicated his understanding that payment should be by vote of the Council with a contract involving someone on the Council. If the Council had voted on the contract, we would not have to do this. Fehst stated that is not the law. Jim Hoeft, City Attorney, indicated the Attorney General's office and Auditor's office contacted him and agreed with his position given to Council, therefore there is no issue with this. Diehm asked that the record reflect that we are not required to do as Councilmember Nawrocki indicated. Nawrocki. requested another copy of the State Statute dealing with purchases by an involved member of the Council. Hoeft stated that it does not apply to this situation, because of the Charter provision. Peterson questioned if council members can vote on a bill list that includes their meeting and mileage reimbursement. Fehst stated that we should obtain a legal opinion on this. Upon vote: All ayes. Motion carried. PUBLIC HEA]E2INGS A. Adopt Resolution 2009-108 for 4001 University Avenue N.E., and Resolution 2009-109 for 1401-03 Parkview Lane N.E., Being Declarations of Nuisance and Abatement of Violations Within the Cit~of Columbia Heights Fire Chief Gary Gorman listed the items required under declaration of abatement: a fence near a propane tank needs to be moved and Parkview Lane property needs to be cleaned up. Nawrocki requested the alley on the west side of this property be checked for tall weeds. Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of Resolution Numbers 2009-108, and 109 there being ample copies available to the public. Upon vote: All ayes. Motion carried. City Council Minutes Monday, July 27, 2009 Page 5 of 11 Motion by Nawrocki, second by Diehm, to adopt Resolution Numbers 2009-108, and 109 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. Williams asked if the Fire Department had been notified that Corday's home has been abandoned. Gorman stated they had not. B. Adopt Resolutions 2009-103 for 1132-34 45th Avenue N.E., 2009-104 for 1124-26 45th Avenue N E 2009-105 for 3849 Central Avenue N.E. 2009-106 for 1325 Pierce Terrace Blvd. N.E. and 2009-107 for 3817 Hayes Street N.E. Beim Resolutions Approving Rental License Revocation for Failure to Meet the Requirements of the Property Maintenance Codes Resolutions 2009-103, 105, and 107 were removed for compliance. Fire Chief Gary Gorman listed the items requiring rental license revocation. Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of Resolution Numbers 2009-104, and 106, being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution Numbers 2009-104, and 106, and 107 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. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions -none B. Bid Considerations -none C. Other Business 1. Select East Approach Type and Authorize the Acduisition Process for the Gateway Pedestrian Bride Kevin Hanson, Public Works Director, gave the background on this project. He referred to the chart of time frames. The most important deadline is for acquisition of the right-of--way. We have completed appraisals and are ready to make the right-of--way offer. There is a November 13 deadline for project approval. The east approach needs to be selected. He referred to the pros and cons in the staff report. The approaches will probably require bicyclists to walk the approaches, but not the actual bridge. The spiral approach is more expensive than the switchback. The most preferred approach by staff and city commissions is the spiral approach. Fehst stated that bids coming in for stimulus projects have been 10 to 30 percent under estimates. Hansen stated the importance to meet the required time frame. Projects that can not be delivered will have funds transferred to other projects. Nawrocki stated this request is premature, as we have not hired the architect yet and we are being asked to approve the design; and you are now going to pay for this with municipal state aid money that could be used to offset funds for city street repair. Fehst stated it was always clear that state aid money would be used. Hansen indicated that a preliminary scoping was approved and completed. The only approach that will work on the west side is a switchback. On the east side there are three options. In the RFP we will. receive bids for either a spiral or City Council Minutes Monday, July 27, 2009 Page 6 of 11 switchback approach. We are looking at 15 percent of project costs coming from state aid funding dollars, or about $400,000 in matching dollars. We are paying up front rather than later on. Nawrocki indicated that taxpayers will have to come up with extra money to support what state aid monies would normally pay for or reduce services, such as street snow plowing. Fehst stated it will not affect this. Hansen stated that each year we apply for 25 percent of maintenance costs and we will continue to receive this. The remaining amount is used for construction. Nawrocki questioned the approach for the west side of the street. Hansen stated there would be no permanent acquisition needed on the west side of the street. Dwayne Morrell, 4212 Reservoir Boulevard, stated the problem with the design is in moving the bridge farther south. He indicated it would be better to just replace the ramps and suggested a spiral design. He suggested an increasing/decreasing radius helix spiral. He listed the advantages of this alternative. Hansen stated the total ramp height required is 17 feet, 6 inches. Hansen explained the grade requirements indicating the switch back is about 300 feet and is ADA compliant. He indicated that Anoka County is also requiring 27 feet for future expansion, which must be considered. Donna ScYnnitt, 5269 Tyler Street, stated this is a well used bridge and asked if the $85,000 is for one side approach. Hansen stated yes. Funding and ADA requirements will be part of the final design. There can be a 10 to 15 percent difference in cost. Schmitt asked if steps would also be an option. Hansen stated that MNDot has suggested and encouraged this as a component. Hansen stated this will be presented at the next Planning and Zoning meeting. Motion by Kelzenberg, second by Williams, to select the spiral type approach for the east approach ramp for the Gateway Pedestrian Bridge and authorize Evergreen Land Services to initiate the offer process under the Uniform Relocation Assistance and Real Property Acquisition Policies Act and the current State-Aid Manual. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. 2. Off-Street Parking for Employees--Sonic Restaurant Fehst stated that we have observed cars parking on 49t" Avenue. Barb Snyder, Border Foods, had advised they would look for off site employee parking, which was obtained at St. Tim's. They have also arranged for car stacking at the Middle School. Sonic has done everything they promised to do. Peterson stated that Snyder personally observed the situation today. Nawrocki stated that he has checked on three different days in the early morning and there were cars parked on 49`" for an extended period of time. This also happened with no established employee parking provision at Sarna's Restaurant. Peterson stated that if employees are parking incorrectly, the director will address it. ADMINISTRATIVE REPORTS Report of the City Manager Fehst advised Council members that we will not need a work session on August 3~d. The award of the pedestrian bridge proposal will be on the next council meeting and the Hilltop trailer property sale was requested to be placed directly on the next Council meeting agenda. Replacement of the AS400, our computer financial system, will also be on the next meeting agenda. It is past its useful life and has been amortized in the equipment replacement fund. Garbage service proposals will be on the August 26'x' Council meeting agebda. City Council Minutes Monday, July 27, 2009 Page 7 of t I Nawrocki referred to the City newsletter financial article and the budget report in the Sun Focus, and questioned the difference in the reports. We have lost state aid money, but the taxes referred to do not include the HRA Levy or the administrative funds charged by Anoka County. The newsletter does not talk about the $3.5 million to build the gym, the $12 million for the public safety building, and a whole host of equipment and other projects, like renovation in two of our parks. We are not giving people the true story of taxpayer money being spent. Nawrocki stated that he previously reported that the Elk River Waste plant could be discontinued. We need to find out what the County will do if this happens. We need to specify in the bids to know where the hauler will dump and what they will do if this facility closes. Report of the City Attorney -nothing to report CITIZENS FORUM Isabelle Marcellan, 4118 7`" Street NE, stated that on July 2 her house was raided by the drug task force. They did not find drugs, but found small amount in her son's pocket. She has received a 28 day notice to vacate. Marcellan requested an extension to September 1 to allow her time to find another place to live. Hoeft stated the ordinance controls the circumstances and the landlord initiates the process. We do not have control over, or authority aver, the eviction process. She stated her landlord does not want her to move and the extension is OK with him. Fehst suggested she submit a letter to the City and we can see if we can help. Captain Austin stated he would meet with her after the meeting to see if we could be of assistance. Marie Holmberg 5132 4t" Street, asked if the stop sign request was addressed. Peterson stated that the sign was approved under the consent agenda. Donna Schmitt suggested that a portion of the Justice grant be used for DNR gun safety training. Austin stated this included a shooting simulator software program that will get us back into the DNR gun safety program. We plan to implement this training again within the next several years. Schmitt questioned check 131181 from Elk River Ford. Austin stated that is for a vehicle approved in the budget. Dwayne Morrell asked what lot 1, block 1, next to the public safety building on 42°d, will be used for. Fehst indicated the consideration of an eventual second phase, possibly for a library. Fehst complimented Mr. Morrell on his yard. COUNCIL CORNER Kelzenberg • Nothing to report Williams National Night out is next Tuesday Introduced Captain Lenny Austin, sitting in tonight for Chief Nadeau Green Sheet -the summer initiative has been busy. Austin indicated the success of the program. Williams thanked the department for the wonderful job they are going. Diehm • Encourage everyone to participate in National Night Out. Get to know your neighbors - crime prevention starts in your own neighborhood City Council Minutes Monday, July 27, 2009 Page 8 of 1 I • Questioned the new Silverwood Park in St Anthony. Fehst stated they hope to have it open to the public bymid-August. • HRA meeting tomorrow begins at 7:00 p.m. at Parkview Villa Nawrocki • Encouraged everyone to participate in National Night Out. Call the police department for information in your area or to offer to hold an event • Attended the LMC annual meeting with their report on the state of the cities. Offered to share the 2009 Legislative Law summary • Attended the League's first Fiscal Futures Committee meeting. Stated his opinion that levy limits are a protection to taxpayers Peterson • Don't forget National Night Out • Don't forget our service men and women, appreciate the service they do to keep our freedom for us • Don't take ourselves too seriously and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 8:43 pm. -~~ .. ,J Y ,-~~ ,n q ~ j~ `-. Patricia ~Muscovitz CMC City Clerk RESOLUTION N0.2009-110 RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE DONATION OF THE PROPERTY LOCATED AT 4147 - 7TH STREET NORTHEAST IN THE CITY OF COLUMBIA HEIGHTS WHEREAS, the beneficiaries of the Ann M. Mellon Trust under agreement dated September 14, 2006, desires to donate a house located in Columbia Heights at 4147 7ths Street, legal description of: The south 30 ft. of Lot 22, Block 45, Columbia Heights Annex to Minneapolis, Anoka County, MN, and WHEREAS, the confirmation of the desire to donate the subject property has been received by the City in a letter dated June 24, 2009; and, WHEREAS, the value of the property has been established by the property's representatives in an appraisal completed by Value Advisors LLC, dated December 31, 2008; and, WHEREAS, the City is recognizing the donation through a formal resolution; and, WHEREAS, the donation is being received by the City from the beneficiaries of said Ann M. Mellon Trust, specifically Elizabeth A. Mellon, William J Mellon Sr., William J. Mellon Jr. and James Mellon; and, WHEREAS, this donation acceptance is being done to promote the principles of the City's on-going scattered. site housing program. NOW THEREFORE BE IT RESOLVED that the City accepts the subject based on the following: I) All utilities are paid by the subject Trust until. the date of closing 2) The City shall be responsible for any taxes due and payable in 2010 and beyond City Council Minutes Monday, July 27, 2009 Page 9 of I 1 3) Staff is authorized to prepare bids and documents for the purposes of demolition of the subject property RESOLUTION 2009-104 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 Delanza Elliot (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1124-26 45th 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 July 9, 2009 of an public hearing to be held. on July 27, 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 June 9, 2009 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 July 9, 2009 inspectors for the City of Columbia Heights performed a reinspection and noted that eight violations remained uncorrected. 3. That on July 27, 2009 inspectors for the City of Columbia Heights performed a final inspection at the property and noted eight 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. 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: a. Shall repair all broken windows b. Shall repair the holes in the siding on the house c. Shall repair all windows off the track d. Sha11 repair all screens e. Shall repair the driveway were crumbling or deteriorated f Shall repair the soffrt's on the house g. Shall repair the downspouts h. Shall remove the scrub growth all around the property i. Failure to submit rental license renewal application and fees 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 F9212 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 2009-106 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 Carlos Mogrovejo (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1325 Pierce Terrace 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 July 6, 2009 of an public hearing to be held on July 27, 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 June 25, 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 City Council Minutes Monday, July 27, 2009 Page 10 of 11 at the address listed in the praperty records. 2. That on July 6, 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 UI 125 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 2009-108 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 Investors Group of MN, LLC (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4001 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 July 8, 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 2, 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 July 8, 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 July 20, 2009 inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Fence around propane tank must have a minimum 3 feet clearance. 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 4001 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 4001 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 2009-109 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 I1, of City Code, of the property owned by Jose Alonso (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1401-03 Parkview Lane N.E. Columbia Heights, Minnesota. City Council Minutes Monday, July 27, 2009 Page 1 1 of 1 I 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 29, 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 I. That on May 26, 2009 an inspection was conducted on the properly listed above. Inspectors found twenty-two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on June 29, 2009 inspectors re-inspected the property listed above. Inspectors noted that twenty-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 July 16, 2009 inspectors reinspected the property and found that twenty-one 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 remove the dirt pile in the back yard. B. Shall repair all broken windows on the house C. Shall repair all broken windows on the house D. Shall replace the broken window on the kitchen on the 1403 side E. Shall replace or repair the smoke detector that is not working on the 1403 Side F. No one can occupy this building per City Code. G. Shall repair the doors in the closet in the bedroom H. Shall replace the dryer vent on the clothes dryer in the 1403 side with proper rigid metal duct. I. Shall remove the hose that is tapped into the clothes dryer vent on the 1401 side 3. Shall have the venting for the hot water heater on the 1401 side installed by a license plumber K. Shall repair the floor the in the kitchen on the 1401 side L. Hallway smoke detector in the 1401 side M. Shall repair the hole in the closet door in the rear bedroom of 1401 N. Shall replace the missing door closer on the side door of 1403 O. Shall repair all torn. screens prior to May 1, 2009 P. Shall replace the missing dryer vent cover on the outside of the house Q. Shall repair the gutter on the 1401 side missing the end cap R. Shall remove all areas of scrub growth S. Shall. replace all broken windows on the house T. Shall repair the storm door on the front so that it closes U. Shall sod, lay down grass seed or instal] approved landscaping material on all bare areas of 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 1401-03 Parkview Lane N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL I. The property located at 1401-03 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.