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HomeMy WebLinkAboutAugust 24, 2009OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING AUGUST 24, 2009 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, August 24, 2009 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Associate Youth Pastor Jeremiah Rice, Oak Hill Baptist Church gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed Resolution No. 2009-130 for 3835 Tyler Street, in that the property has been brought into compliance. He added that the August 31 work session would begin at 6:30 p.m. for Board and Commission interviews. Nawrocki requested to add discussion regarding the clean up of the K-mart site and the proposed 2010 budget. Peterson indicated this would be addressed under the Manager's report. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS CONSENT AGENDA City Manager Walt Fehst took Council members through the Consent Agenda. A. Approve City Council meeting minutes Motion to approve the minutes of the August 10, 2009 City Council meeting. Motion to approve the minutes of the August 13, 2009 emergency City Council meeting. B. Accept minutes of the Columbia Heights Boards and Commissions Motion to accept the July 1, 2009 minutes of the Library Board of Trustees. C. Establish City Council work session for Monday, August 31, 2009. Fehst stated the discussion would be on the pedestrian bridge and refuse contract. Motion to establish a City Council work session on Monday, August 31, 2009 beginning at 7:00 p.m. in Conference Room 1. D. Authorize Change Order No. 1 for 2008 Street Reconstruction, Project No. 0602, 0802, and 0808. Motion to authorize Change Order No. 1 for modifications to concrete curb and gutter, concrete street, concrete sidewalk including pedestrian ramps, bituminous path, patching, and density incentive, water system, traffic signal system, signs, and landscaping, City Project 0602, 0802, and 0808 to Midwest Asphalt Corporation in the amount of $83,006.16 to be funded from Water Fund ($3,651.90), Liquor Store Fund ($6,682.25), Infrastructure Fund ($6,216.00), and State Aid Funds ($66,456.01). City Council Meeting Monday, August 24, ?009 Page 2 of 14 E. Accept the proposal from SEH for a Conservation Water Rate Study Motion to accept the proposal from SEH for a Conservation Water Rate Study based upon their proposal dated August 10th, 2009, in an amount not-to-exceed $9,740; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. F. Approval of the attached list of rental housing license applications. Motion to approve the items listed for rental housing license applications for August 24, 2009. G. Approve Business License Applications Motion e to approve the items as listed on the business license agenda for August 24, 2009, as presented. H. Approve Payment of Bills Nawrocki stated it was disappointing that we did not receive a bid on the food for the employee picnic from Columbia Heights businesses. Fehst stated that our contact does live in our city. Motion to approve the payment of bills out of the proper funds as listed in the attached register covering Check Number 131401 through Check Number 131600 in the amount of $1,679,010.39. Motion by Williams, second by Kelzenberg, to approve the Consent Agenda items. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. Liquor license application, 405 Central Avenue. Scott Clark, Community Development Director, read the staff report relative to this request. Staff recommended denial due to the lengthy and prolonged history of criminal violations of the new owner. This request was also reviewed by the Police Chief and City Attorney. The decision is at the discretion of the City Council. Police Chief Nadeau stated they have been in an active dialogue with the Star Bar due to two incidents earlier this summer. They have met with staff regarding over-serving patrons. Since that time they have been cited twice for over-serving. Peterson opened the public hearing. Robert Morlean, applicant, indicated that some issues he has been made aware of and one person has been removed. He is waiting for a copy of the report on the second person. Morlean indicated he purchased the bar last April and gave the history of litigation involved, resulting in the bar being turned back over to him on August 7`". He stated that the last 25 years he has been rehabilitating. He bought this to own a little local neighborhood bar. He stated that during the 30 days he ran the Star Bar there were no police calls. Since August 7`" there have also been no police incidents. He asked that Council consider the age of his convictions. Morlean referred to the City Ordinance regarding morale character and his feeling that the convictions should not be considered. He stated he would uphold the City Ordinance and work with City personnel all he can. Jeff Dobberpuhl, 3747 2 '/Z Street, resident and attorney, stated he helped Mr. Morlean tight the case against the two former owners of the bar. There are no incidents with Morlean running the bar. He stated that Morlean had a different past 28 years ago, but since then he has a very good City Council Meeting Monday, August 24, 2009 Page 3 of 14 citizenship record. He indicated that to deny a license, the reason must be directly related to the license request. Dobberpuhl indicated that it would be an advantage to have someone that has been through alcohol issues and has been sober for five years. This license would only be valid through December and would be an opportunity to put someone in that facility that cares. Diehm stated that regarding denial relating to an incident, there was a 1991 conviction for serving alcohol to minors. Morlean described the incident questioned. Diehm questioned the two aggravated felony level robbery convictions. Morlean described the incidents questioned. Diehm referred to a bad check and weapons conviction. Dobberpuhl indicated those were 28 years ago. Peterson questioned allowing a short term license. Diehm stated that if a short term license is granted, there would be a vested interest in the license and would require a finding to justify denial of the license. This would be the proper time to accept or deny the license. Fehst indicated there were incidents in 1991 and 1992. Dobberpuhl corrected his statement to indicate 18 years. Fehst referred to incidents in 1998. Dobberpuhl stated he was not aware of those issues. Diehm questioned the City Attorney on wording in the City Code stating that you shall not issue a license to anyone with the condition of a felony conviction. Jim Hoeft stated if there is a felony conviction related to the license you can not issue a license and if the City Council feels the felony is related to the type of business, under our ordinance you can not issue a license. If the felony is not related and the Council feels the type of conviction is associated with the type of business or any other criminal history items, these can be taken into account. Dobberpuhl referred to Code 364.3, stating that no person shall be disqualified from public employment or be disqualified from any occupations for which a license is required, solely or in part because of prior conviction, unless it directly relates to the position of employment or license. He continued to read from the City Code. Hoeft stated he is comfortable with staff's recommendation. Tim Gelford, stated he has been employed at the Star Bar for 12 years. He indicated that during the last month Mr. Morlean has been ahands-on person. He stated that he trusts him and thinks he is a good man. He stated that Mr. Morlean has been open and honest about his past. Gelford listed things that Mr. Morlean has done to improve the bar. Patty Mathew indicated that she also worked there and has 37 years of experience in the industry. She stated that Mr. Morlean has come in and changed the place for the better. Floyd Johns, resident for 47 years, stated that he knew Mr. Morlean when he first started under the old management. Under his management there have been great changes. He felt Mr. Morlean would be able to turn this bar around. Tracy Stankovich, Mr. Morlean's significant other, stated that he has a heart of gold and insight into what can go wrong with the patrons of the bar. She felt that he is the right person for this bar. It would be a shame to not give him a chance. Deb Johnson, 4626 Pierce, asked what Mr. Morlean's job was before this. Morlean indicated his past employment. Johnson stated that staff's recommendation should be followed. Nawrocki asked Mr. Morlean's involvement with the Star Bar. Morlean stated he saw an ad last March and negotiated with the owners on the purchase and the liquor license. He gave the history that he bought it, was thrown out, and began legal proceedings. The last landlord was evicted two weeks ago, Diehm asked who currently holds the license. Clark stated that the City Council Meeting Monday, August 24, 2009 Page 4 of 14 Donahue's held the license since January. The bar was closed for two weeks in January due to licensing issues. Peterson asked if the owner has to be the holder of the liquor license. Hoeft stated there are a number of ways to accomplish this, but he would have to go through his attorney. Peterson asked if the bar would be shut down. Morlean stated the Donahue license would be valid through the end of the year. They gave up the lease and the equipment, but they hold the license and pay for the liquor. Diehm stated she is a supporter of people rehabilitating themselves, but our obligation is to the regulations pertaining to alcohol. Motion by Diehm, second by Williams, to adopt the staff recommendation to deny the liquor application for Robert S, Morlean, to own and operate the Star Bar, 4005 Central Avenue, based on provisions of City Code 5.504. Peterson stated that he hopes there are other options for Mr. Morlean and wished him the best. Upon vote: All ayes. Motion carried. B. Second Reading of Ordinance 1569 re: Weapons Facsimile Firearms) Motion by Diehm, second by Williams, to waive the reading of Ordinance No. 1569, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Diehm, to adopt Ordinance No. 1569, being an ordinance relating to Weapons. Upon vote: All ayes. Motion carried. C. Second Reading of Ordinance 1568 re: Repeat Nuisance Call Service Fee Motion by Kelzenberg, second by Williams, to waive the reading of Ordinance No. 1568, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Ordinance No. 1568 being an ordinance relating to Repeat Nuisance Call Service Fee. Nawrocki requested the definition of a nuisance and asked if someone calls to complain about loud music who determines if it is a nuisance violation. Nadeau stated that the officer would make the determination using their discretion and write a report to be shared with the Council. If someone wishes to contest this they could approach the City Council. Nawrocki asked what would be done if the noise is no longer loud? Nadeau stated they would address the party and indicate the reason for their arrival. Nawrocki referred to awkward situations where neighbors just want to complain. Deb Johnson, 4626 Pierce, asked if the fee would be against the specific apartment or the address. Nadeau stated it would be against the address. Upon vote: All ayes. Motion. carried. D. Adopt Resolutions 2009-123, 4501 Polk Street N.E., 2009-124, 3928 Central Avenue N.E., 2009-125 4600 Polk Street N.E. 2009-126 3801 Van Buren Street N.E. 2009-127 4122 Madison Street N.E., 2009-128, 4536 Taylor Street N.E., 2009-129, 543 Lomianki Lane N.E, City Council Meeting Monday, August 24, 2009 Page 5 of 14 and 2009-130, 3835 Tyler Street N.E. being Resolutions approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Fire Chief Gary Gorman stated that these licenses are recommended for revocation due to lack of license paperwork submission and not scheduling an inspection. Tenants, 4122 Madison, indicated problems with this landlord and stated there is now a foreclosure notice on the home giving them 45 days to vacate. The landlord is not returning their phone calls. They questioned their rights. Hoeft stated the foreclosure process does not affect the renters, but the owner has six months to redeem the property. The property has to be licensed by the city. People can not rent anon-licensed residence. In the past, we have had other tenants in the same situation and the city has recognized their need to find alternative housing and has worked with them. There are many places and services available for help, such as Judi-Care. Gorman stated they have a book available v~~ith tenant resources. Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution Numbers 2009-123, 124, 125, 126, 127, 128, and 129 being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution Numbers 2009-123, 124, 125, 126, 127, 128, and 129 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. E. Adopt Resolution 2009-131, 4544-46 Fillmore Street N.E. being a declaration of nuisance and abatement of violations within the Cit~of Columbia Heights. Gorman stated this abatement is for six violations on the property. Motion by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution Number 2009-131 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution Number 2009-131 being a resolution of the City Council of the City of Columbia Heights declaring the property 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. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions -none B. Bid Considerations -none C. Other Business Approve the Premises Permit Application for Columbia Heights Athletic Boosters to conduct charitable gambling activities at Chevy Grille, 3701 Central Avenue NE Peterson stated this request is for a pull tab machine. Motion by Kelzenberg, second by Diehm, to direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the issuance of a Ciass B Premises Permit for the Columbia Heights Athletic Boosters Club in conjunction with gambling activities at the Chevy Grille restaurant, 3701 City Council Meeting Monday, August 24, 2004 Page 6 of 14 Central Avenue NE, and furthermore that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. Upon vote: Kelzenberg, aye; Williams, abstain; Diehm, aye; Nawrocki, aye; Peterson, aye. 4ayes - 1 abstain. Motion carried. ADMII~TISTRATIVE REPORTS Report of the City Manager Nawrocki referred to his past comment on mowing at the K-mart site and stated his concern was with the backside of the property by the apartments. This is relevant to past Cheery Heights resident concerns with soil stabilization. He referred to the hole dug for the second building. Kevin Hansen, Public Works Director, stated that the soil. where the second building is to be located should be stabilized. They could hydro seed the area. He will work with the City Planner on this. Nawrocki stated that the budget is supposed to be presented in August, not just handed out. It has a double digit increase that he will not support. Fehst stated Councilmember Nawrocki has supported one-half of the increase through the Public Safety building. Nawrocki stated that people will be surprised with their property taxes next year. Fehst stated this will be discussed in September with the projected levy. Nawrocki stated that we need to look at other ways to cut back. Peterson listed other cities that are having problems. Williams stated that the book borrowed to him by Council- member Nawrocki from the League of Minnesota Cities stated that 85 percent of cities are having big problems. Fehst stated that in the last year and one-half we have lost $1.5 million in State Aid. Nawrocki questioned when the Strom tree would be trimmed. Hansen stated it is on the fall trimming list. We are not out trimming now. Nawrocki questioned the signs he saw today for no parking on certain streets. Hansen stated this is for the beginning of seal coat work. Nawrocki questioned information from the Met Council regarding our Comprehensive Plan and the Tier II Sewer Plan. Hansen stated that was additional information requested by the Met Council. We have met the requirements. Report of the City Attorney CITIZENS FORUM Roger Strom, 690 47 % Avenue, stated that the dead branches in his boulevard maple should be cut out while you can. see which branches are dead. Deb Johnson, 4626 Pierce Street, stated she does not like high taxes, but it could be a lot worse. The condo one block away from her that is in St. Anthony, which is one-half the size of her home, has taxes of $4,600 compared to her $3,000, plus they pay association dues. Johnson asked if there will be further construction at Grand Central Lofts. Fehst stated they have ideas about what they can do, but do not know if they can make good by the end of the year. We may lose our grant for the parking lot. Johnson stated her excitement about the Highlander Center; she likes the prices but hates the hours - 9:00 to 11:00 a.m. Fehst stated that we will try to expand the hours. COUNCIL CORNER Kelzenberg • The library will be closed 8-26 to 8-28 for major county-wide computer network maintenance. Fehst referred to the library including information requests received in the Green Sheet. He questioned how many are legitimate ~°equests. Williams City Council Meeting Monday, August 24, 2009 Page 7 of l4 • Indicated the reduction in crime statistics from the Green Sheet. Our officers do a great job. Keep it up. Drove by the new Public Safety building and it is gorgeous. The Open House will be October 3rd. Nadeau stated that we publish our crime statistics through a link on our city web site. One of the major focuses is violent crime and it is down =l0 percent from Zast year and SO percent from two years ago. He credited this to our staff making home visits and making people accountable. Part II crimes look like there are more offenses, but this only reflects that our officers are making more arrests. Diehm • Congratulated Jeff Sargent on the addition to his family. • Wished Councilmember Nawrocki a Happy Birthday. Nawrocki • Requested copies of the Kennedy and Graven letter be given to Council members. Suggested putting SRA membership back in the budget. The letter points out what the Suburban Rate Authority has done. • At the last meeting the Manager commented on furloughs. He pointed out that he contributed his portion by purchasing carpet for the children's reading room at the library. Read a prepared statement on his commitment to the community. • Questioned the budget increase for Legal services of $20,000. We need to take new bids. We should also take bids for audit services. Fehst indicated that prosecution and civil work fees have not increased. Fehst stated his opinion on the furlough comments. Peterson • Don't take ourselves too seriously and remember our service men and women. • Have additional comments, but due to the tone, it is time to end the meeting. ADJOi7RN1VJ(ENT Peterson closed the meeting at 8:29 p.m. .~ ~ti- v~--~- .~ r` Patricia Muscovitz CMC City Cler F ORDINANCE NO. 1568 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO REPEAT NUISANCE CALL SERVICE FEE Chapter 8 of the Columbia Heights City Code will be amended to include the following: ARi~iCi.E "viu: REPEA'~ Nui~ANCE CA%,I, aER"viCE r'~;E Section. 8.801 Purpose 8.802 Scope and application 8.803 Definitions 8.804 Repeat nuisance service call fee 8.805 Notice 8.806 Right to appeal 8.807 Legal remedies nonexclusive 8.808 Applicability of repeat nuisance service call fee 8.809 Recovery of fee City Council Meeting Monday, August 24, 2009 Page 8 of 14 § 8.801 PURPOSE. The purpose of this section is to protect the public safety, health and welfare and to prevent and abate repeat service response calls by the City to the same property or location for nuisance service calls, as defined herein, which prevent police or public safety services to other residents of the City. It is the intent of the City by the adoption of this Section to impose and collect service call. fees from the owner or occupant, or both, of property to which City officials must repeatedly respond for any repeat nuisance event or activity that generates extraordinary costs to the City. The repeat nuisance service call fee is intended to cover that cost over and above the cost of providing normal law or code enforcement services and police protection city-wide. § 8.802 SCOPE AND APPLICATION. This Section applies to all owners and occupants of private property which is the subject or location of the repeat nuisance service call by the City. This Section applies to any repeat nuisance service calls made by a City of Columbia Neights peace officer, part-time peace officer, community service officer, animal control and/or code enforcement officers. § 8.803 DEFINITIONS. For purposes of this Section, the term "nuisance misconduct" means any activity, conduct, or condition occurring upon private property within the City that unreasonably annoys, injures, or endangers the safety, health, morals, comfort or repose of any member of the public; or will, or tend to, alarm, anger or disturb others or provoke breach of the peace, to which the City is required to respond, including, but not limited to the following: (A) Any activity, conduct, or condition deemed as a public nuisance under any provision of the City Code; (B) Any activity, conduct, or condition in violation of Minnesota State Statute 609.33; (C) Any conduct, activity or condition constituting a violation of any Minnesota state law prohibiting or regulating prostitution, gambling, controlled substances, use of firearms; and/or (D) Any conduct, activity, or condition constituting disorderly conduct under Chapter 609 of Minnesota Statutes. § 8.804 REPEAT NUISANCE SERVICE CALL FEE. (A) The City may impose a repeat nuisance service call fee upon the owner and/or occupant of a private property if the City has rendered services or responded to the property on three or more occasions within a period of 365 days in response to or for the abatement of nuisance conduct. (B) The repeat nuisance service call fee will be set forth in a resolution approved by the City Council. An additional amount may be imposed to reflect the salaries of police officers, community service officers, animal control and/or code enforcement officers while responding to or remaining at the nuisance event, the pro rata cost of equipment, the cost of repairing city equipment and property damaged as a result of the nuisance call, and the cost of any medical treatment of injured officers. (C) A repeat nuisance service call fee imposed under this Section will. be deemed delinquent if it is not paid. within 30 days after the City mails the billing statement for the fee. The City will add a ten percent late penalty to a delinquent payment. § 8.805 NOTICE. (A) No repeat nuisance service call fee may be imposed against an owner or occupant of property without first providing the owner or occupant with written notice of the two previous nuisance service calls which are the basis for the fee. The written notice must: (1) Identify the nuisance conduct that previously occurred on the property, and the dates of the previous nuisance conduct; and (2) State that the owner or occupant may be subject to a nuisance call service fee if a third nuisance service call is rendered to the property for any further nuisance conduct; and (3) State that the City has the right to seek other legal remedies or actions for abatement of the nuisance or compliance with the law; and (4) Be served personally; by U.S. Mail upon the owner or occupant at the last known address; or by posting the subject property. § 8.806 RIGHT TO APPEAL. (A) When the City mails the billing statement for the repeat nuisance service call fee, the City will inform the owner or occupant of their right to request a hearing. (B) The owner or occupant upon whom the fee is imposed must request a hearing within ten (10) business days of the mailing of the billing statement, excluding the day the statement is mailed. The request for a hearing must be in writing and delivered to the City Clerk. The hearing will occur within thirty (30) days of the date of the request. If the owner or occupant fails to request a hearing within the time and in the manner required under this Section, the right to a hearing is waived. (C) The hearing will be conducted by the City Council in an informal manner. The Minnesota Rules of Civil Procedure and Rules of Evidence will not be strictly applied. After considering all evidence submitted, the City Council. will make written Findings of Fact and Conclusions regarding the nuisance conduct and. the imposition of the repeat nuisance service fee. The City Council will serve the Findings of Fact and Conclusions upon the owner or occupant by U.S. Mail within ten (10) days of the hearing. City Council Meeting Monday, August 24, 2009 Page 9 of 14 (D) If the owner or occupant fails to appear at the scheduled hearing date, the right to a hearing is waived. (E) Upon waiver of the right to a hearing under subdivision (2) or (4) or upon service of the City Council's Findings of Fact and Conclusions that the repeat nuisance call service fee is warranted, the owner or occupant must pay the fee imposed within ten (10) days. § 8.807 LEGAL REMEDIES NONEXCLUSIVE. Nothing in this Section will be construed to limit the City's other available legal remedies, including criminal, civil, injunctive or others, for any violation of the law. § 8.808 APPLICABIITL,TY OF REPEAT NUISANCE SERVICE CALL FEE. The City may not impose a repeat nuisance service call. fee against an owner or occupant for a police response relating to emergency assistance, including, but not limited to, domestic spousal and child abuse. § 8.809 RECOVERY OF FEE. (A) If a repeat nuisance service call fee remains unpaid thirty (30) days after the billing statement is sent by the City, it shall constitute: (1) a lien on the real property where the violation occurred; or (2) a personal obligation of the owner or occupant in all other situations. (B) A lien may be assessed against the property and collected in the same manner as taxes. (C) A personal obligation may be collected by appropriate legal means. ORDINANCE NO.1569 BEING AN ORDINANCE AMENDING ORDINANCE NO 1490, CITY CODE OF 2005, RELATING TO WEAPONS The City of Columbia Heights does ordain: Chapter 10, Article III, Section 307 of the Columbia Heights City Code, is hereby amended to read as follows: § 10.307 WEAPONS. A. A firearm is any weapon from which may be fired or ejected one or more solid projectiles by means of a cartridge or shell. by the action of an explosive or the ignition of flammable or explosive substances. Firearms also include any weapons for which the said propelling force is a spring, elastic band, carbon dioxide, air, or any gas or vapor. Firearms shall include all shotguns, rifles and other longguns, pistols and revolvers, BB guns, air guns, slingshots, and pellet guns, but shall not include a stud. or nail gun commonly used in the construction industry or children's popguns or toys. B. No person, except a regular peace officer in the performance of his duties, shall use, fire or discharge a firearm, as defined herein, within the city. C. Facsimile firearm means any object which is a replica of an actual firearm, which substantially duplicates an actual firearm, or which could reasonably be perceived to be an actual. firearm, unless: (1) The entire exterior surface of such object is colored white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink or bright purple, either singly or as the predominant color in combination with other colors in any pattern; or such object is constructed entirely of transparent or translucent materials which permits unmistakable observation of the firearm's complete contents; and (2) Such object shall have as an integral part, permanently affixed, a blaze orange extension that extends at least six (6) millimeters from the muzzle end of the barrel of such object; and (3) Such object does not have attached thereto a laser pointer. "Facsimile firearm" does not include any actual firearm as otherwise regulated by the terms of this Code or the Minnesota Statutes. D. It shall be unlawful for an_y person within the city to cant' on or about his person in a public place or transport in any vehicle in any public place any weapon or facsimile Eireann, except the transportation of any weapon or facsimile Eireann in or upon any motor vehicle in a secured container or in the locked truck of such vehicle. The provisions of this section shall not be applicable to the transport of weapons or facsimile firearms by persons who are regularly engaged in the lawful manufacture, distribution or sale at retail or wholesale of weapons or facsimile firearms, or the agents of any of them white engaged in such business; to the canying or transport of weapons or facsimile firearms by licensed, Eull-time peace officers, law enforcement officers or military personnel while in the course of their duties; to persons holding a permit to cant' a firearm acting within the scope of such permits; to any officer of a state adult correctional facility when on guard duty or otherwise engaged in an assigned duty. E. The Columbia Heights Police Department may impound any weapon which is used in violation of divisions (A) or (B), or M.S. §609.99, as it may be amended from time to time, which comes into its possession as lost and found property, or which otherwise comes legally into its possession. City Council Meeting Monday, August 24, 2009 Page 10 of 14 F. The weapon. may be surrendered to the rightful owner upon such owner furnishing proof of ownership and providing that no charges are pending against the rightful owner arising from the possession or use of that weapon and providing that the rightful owner is otherwise entitled to the return of the said weapon. G. Any weapon impounded by the city and which remains unclaimed by the owner of a period of 60 days maybe sold or otherwise disposed of as approved by the City Council following 10 days published notice in the legal newspaper of the city prior to such sale or other disposal. H. All proceeds realized from the sale or disposal of impounded weapons shall either be deposited in the general. fund of the city, or, if approved by the City Council, traded for other equipment for the Police Department. Upon furnishing proof of ownership of a weapon which. has been sold or otherwise disposed of pursuant to this section, the true owner thereof may recover an amount equal to the proceeds received from the sale of that weapon at the sale. If the weapon has been. traded and a valid claim is made pursuant to this section., the city shall reimburse the owner of the weapon in an amount equal to the fair market value of the said weapon at the time of the trade. Any payments recovered hereunder shall be made from the general fund. Provided, that no such owner may recover or bring any action to recover such payment unless such owner does so within a period of six months following the date of the sale of the weapon. ('77 Code, ~ 10.307) (Am. Ord. 1006, passed 10-25-82) Penalty, see § ] 0.401 RESOLUTION 2009-123 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 Richard Stueland (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4501 Polk Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B}, written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on August 3, 2004 of an public hearing to be held on August 24, 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 July 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 August 3, 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 anal 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 F9019 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 2009-124 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 Faterneh Raboodan (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3928 Central 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 August 3, 2009 of an public hearing to be held on August 24, 2009. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Colwnbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT City Council Meeting Monday, August 24, 2004 Page 11 of 14 1. That on or about July 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 properly records. 2. That on August 3, 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 properly 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 F9196 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 2009-125 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 Ita Ekah (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4600 Polk Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on August 3, 2009 of an public hearing to be held on August 24, 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 July 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 August 3, 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 F9208A 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 2009-126 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 CNJI, LLC (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3801 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 August 3, 2009 of an public hearing to be held on August 24, 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: City Council Meeting Monday, August 24, 2009 Page l2 of 14 FINDINGS OF FACT 1. That on or about July 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 August 3, 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 F90'78 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 2009-12'7 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 Kristin. Haste (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4122 Madison 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 August 3, 2009 of an public hearing to be held on August 24, 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 3uly 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 August 3, 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 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 F9082 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 2009-128 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Paul Glynn (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4536 Taylor 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 August 3, 2009 of an public hearing to be held on August 24, 2009. City Council Meeting Monday, August 24, 2009 Page 13 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 July 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 August 3, 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 F9088 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 2009-129 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 Robert Machel (Hereinafter "License Holder'°) Whereas, license holder is the legal owner of the real property located at 543 Lomianki Lane N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article 1V, 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 August 3, 2009 of an public hearing to be held on August 24, 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 July 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 August 3, 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 properly 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 F9240 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 2009-131 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 Conrad Smith (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4544-46 Fillmore 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 August 6, 2009. City Council Meeting Monday, August 24, 2009 Page 14 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 June 29, 2009 an inspection was conducted on the property listed above. Inspectors found six violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 6, 2009 inspectors reinspected the property listed above. Inspectors noted that six 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 August 17, 2009 inspectors reinspected the property and found that six 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 clean the gutters out, shall repair/replace the upstairs unit screen door, shall replace any/all missing screens on the house, shall replace all broken windows, shall repair the shed, missing shed door, shall repair the hole in the overhead. garage door. 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 4544-46 Fillmore 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 4544-46 Fillmore 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.