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HomeMy WebLinkAboutOctober 12, 2009OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING :MONDAY, OCTOBER 12, 2009 I'he following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, October 12, 2009 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Rev. Dan Thompson, Columbia Heights Assembly of God 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 2009-163 for 3732 3~d Street, in that the property has been brought into compliance. Nawrocki indicated at the last meeting that Council Corner was not on the agenda and was cancelled. He stated his objection to this being removed. Council Corner was to substitute for Old and New Business. Peterson. stated that we have elected to eliminate Council Corner. Peterson stated that there is Other Business on the agenda. Council Corner became contentious at times. Nawrocki stated that this was not approved by the Council. Peterson indicated he had asked members and they agreed. Nawrocki indicated that he was not asked. Nawrocki stated that he brought up concerns during that time. Motion by Nawrocki to add Council Corner to the agenda. Peterson called for a second. Motion died for a lack of a second. Nawrocki asked to add under the Managers report: bridge at 49"' and Central and State aid funding allocations, public safety building costs, water sampling analysis and acceptable standards, timing on the stop lights along Central and University Avenue, an officer for the school on 42t" and Central, and property valuations for the coming year. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Proclamation -Polish American Heritage Month Mayor Peterson read the Polish Heritage Month proclamation and presented it to representatives of the Sister City Committee. Dolores Strand, Pat Sowada, and Edward Skorsk~ accepted the procia~iat~on. Strand gave the history of this proclamation and extended greetings from the Mayor and citizens of Lomianki, Poland. They have dedicated a room in their elementary school to Lomianki history. The Mayor of Lomianki has invited our students to visit them again in 2010 and his offer was not dependent on our reciprocating. Sowada thanked the City Council for their continued support. Peterson indicated the Holiday Kick-off Party will be held on Saturday, November 14, 2009. Columbia Heights talent will be the entertaimnent. Peterson read the times the new gym is open. Nawrocki. stated that the school was going to have parking designated for our gym use. Peterson stated that the west parking lot is open for us and there are 10 or 12 spots designated for this. City Council Minutes Monday, October 12, 2009 Page 2 of 10 Peterson described the Public Safety Building grand opening. The ribbon was cut, but the statue was not ready yet. We will try to coordinate this unveiling with Armistice Day, November 11, 2009 to unveil the statue. B. Donation by Jeff's Bobby and Steve's Auto World -was not present. CONSENT AGENDA Nawrocki requested to remove items D and E. City Manager Walt Fehst took Council members through the Consent Agenda items. A. Approve Minutes of the City Council Motion to approve the minutes of the September 28, 2009 City Council meeting. Motion to approve the minutes of the October 5, 2009 Project 0901 Special Assessment Hearing. Motion to approve the minutes of the October 5, 2009 Project 0902 Special Assessment Hearing. Motion to approve the minutes of the October 5, 2009 Delinquent Special Assessment Hearing. B. Accent minutes of the Columbia Heights Boards and Commissions Motion to accept the October 6, 2009 Planning and Zoning Commission minutes. Motion to accept the August 25, 2009 EDA minutes. C. Approve Transfer of Funds for DTF Overtime from General Fund to Police Dept Bud eg t to Reimburse Overtime Fund Motion to transfer $1,200, the amount of money received from Anoka County as partial reimbursement for overtime worked by our member in the Anoka/Hennepin Drug Task Force, for the third quarter of 2009 from the General Fund to the Police Department 2009 Budget line 1020, Overtime. D. Adopt Resolution No. 2009-164, being a Resolution approving acquisition of 3853 3rd Street removed E. Adopt Resolution 2009-1.66, being a Resolution for approval of a 4-foot width variance for the construction of a detached garage at 3704 Tyler Street NE. -removed F. Approval of the reissuance of the license to berate a rental unit(s) within the City of Columbia Heights at 4122 Madison Street N.E. Motion to issue arental-housing license to Dave Nelson to operate the rental property located at 4122 Madison Street N.E. in that the provisions of the Property Maintenance Code have been met. G, Approval of the attached list of rental housing license applications, in that the~have met the requirements of the Property Maintenance Code. Motion to approve the items listed for rental housing license applications for October 12, 2009. H, Approve Business License Applications Motion to approve the items as listed on the business license agenda for October 12, 2009 as presented. 1. Approve Payment of Bills Motion to approve the payment of bills out of the proper funds as listed in the attached register City Council Minutes Monday, October 12, 2009 gage 3 of 10 covering Check Number 1.32024 through Check Number 132183 in the amount of $1,147,437.22. Nawrocki spoke of check 132053 ($561) for conference lodging, and stated his understanding that out of state conferences were not allowed. Fehst stated that conference was in Duluth. Nawrocki stated that this depletes the account it came from. Motion by Nawrocki, second by Williams, to approve the Consent Agenda items, with the exception of items D and E. Upon vote: All ayes. Motion carried. D. Adopt Resolution No. 2009-164, being a Resolution approving acquisition of 3853 3rd Street 1VTawrocki questioned exceeding the purchase limit of $50,000. Fehst stated this is under the $55,000 amount agreed upon. Nawrocki asked if the property could be fixed up. Fehst stated it is a home on commercial property that would need to be removed. Jeff Sargent, City Planner, stated this is part of the Abandoned Property Ordinance. The rehab cost would be too much. This property is commercially zoned, and as the residential property has not been used for over one year future use can only be commercial. Peterson stated that the rehab cost estimate was $80,000. The prospective buyer walked away. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2009-164, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution 2009-164, approving the acquisition of 3853 3rd Street. Furthernzore to authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. E. Adopt Resolution 2009-166, being a Resolution for approval of a 4-foot width variance for the construction of a detached a~ rag_e at 3704 Tyler Street NE. Nawrocki asked if the garage will fit in this spot. Sargent stated that it will be tight, but it will work for the owner. Motion by Nawrocki, second by Diehm, to waive the reading of Resolution 2009-166, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Diehm, to adopt Resolution No. 2009-166, approving a 4-foot width variance for the construction of a new detached garage at 3704 Tyler Street, subject to the conditions outlined in Resolution No. 2009-166. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. Adopt Resolutions 2009-16i, 4251 Jefferson Street i~l.E., 2009-i67, 1218-20 Circle Terrace Blvd. being declarations of nuisance and abatement of violations within the City of Columbia Hei~hts• Fire Chief Gary Gorman. indicated the violations on the properties. Motion by Diehm, second by Nawrocki, to close the public hearing and to waive the reading of Resolution Number 2009-161 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg to close the public hearing and to waive the reading of City Council Minutes Monday, October 12, ?009 Page 4 of 10 Resolution 2009-167. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution Number 2009-161 and 2009-167, 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. B. Adopt Resolutions 2009-162, 3826 Buchanan Street N.E. and (2009-163, 3732 3rd Street N.E. - removed) being Resolutions approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Gorman. indicated the license revocations are for failure to submit an application, fees and schedule an inspection. Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading of Resolution Number 2009-162, there being ample copies available to the public. Motion by Nawrocki, second by Williams, to adopt Resolution Numbers 2009-162, and 2009- 163 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article 1V, Section SA.408(A) of the rental licenses listed. Upon vote: All ayes, Motion carried. Nawrocki stated that south of this property there is a vacant lot with vehicles that have expired license plates. C. Adopt Resolution 2009-160, being a Resolution levying and adopting the assessment for alley light area no. 677-43. Fehst stated this was requested by petition. Assistant City Engineer Kathy Young was present to answer questions. Motion by Williams, second by Kelzenberg, to close the public hearing and waive the reading of Resolution No. 2009-160, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2009-160, being a Resolution levying and adopting the assessment for alley light area no. 677-43. Upon vote: All ayes. Motion carried. D, Adopt Resolution 2009-165, being_a Resolution approving a Site Plan for shared parking at 4301 Central Avenue. Sargent stated the application is to share a parking area to allow enough parking spaces to establish a restauranto This would use Laundry World open area for parking. The current parking has 22 stalls and this business would require 24. Laundry World does have sufficient parking spaces to share with this restaurant. City Code requires City Council approval followed by approval of the City Attorney. The City Attorney has indicated that the contract submitted does not meet approval. If the City approves this resolution, it would be contingent upon an approved contract received within 60 days. Nawrocki asked if the lease is tied to the license. Sargent indicated an easement may be required. Jim Hoeft, City Attorney, stated that the current agreement is only a lease and it needs to be an easement for parking purposes. An easement would follow the properties into the future. City Council Minutes Monday, October 12, 2009 Page S of 10 Nawrocki questioned the alley, fence height, and property maintenance, which Sargent explained. Petersan also explained the fencing. Nawrocki referred to other fences and pavement in the area, Peterson stated this would not involve the Post Office traffic exit. Sargent stated that current ingress and egress will remain the same and showed the exact location of the proposed parking spaces on a map, Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2009-165, there being ample copies available to the public. Upon vote: A11 ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2009-165, approving the shared parking arrangement between the property at 4301 Central Avenue and 4315 Central Avenue, subject to the conditions outlined in Resolution No. 2009-165. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions -none B. Bid Considerations -none C. Other Business Nawrocki indicated that he would attend the Board of Review training. Diehm indicated that we are currently in compliance with the requirements. ADMINISTRATIVE REPORTS Report of the City Manager Nawrocki referred to the hearing for the 49`" and Central Avenue eminent domain process and questioned if we approved engaging a legal firm for this. Fehst stated that would be paid through the Evergreen contract, as approved by the City Council. Nawrocki stated he had asked for information on State Aid road funds; how much money has been carried over from other years, how much money has been appropriated for this year and next year, and what the proposed allocations are. Nawrocki referred to receiving a City water analysis report. He again questioned what the acceptable standards are. Fehst stated that if there were any concerns, we would have been notified. Fehst stated that staff has been asked to check on the timing of University and Central Avenue street lights, which he will address again. Fehst stated that School District 916, Alternative Learning, located at 42°d and Central Avenue has received security funding and has requested to pay for one full time officer. This officer could be used for other department needs during the school's summer break and the officer could be pulled at any time when needed elsewhere. This will be presented at the next Council meeting. Nawrocki indicated that we need to find ways to cut back on expenses and suggested we use a current officer. Nawrocki stated that the public safety building did not come in under budget; as we issued $13,000,000 in bonds. He also referred to upcoming maintenance costs. There were savings, but they were spent on additions, Most of the contingency fund was used. The building is more than what we needed. Nawrocki referred to the tax levy this year and use of TIF funds and City reserves. Nawrocki stated he asked for information on proposed assessed valuations for next year. He did not receive the information, so he obtained it from the County. The assessed property valuations will. be City Council Minutes Monday, October 12, 2009 Page 6 of 10 reduced by 8,5 percent for next year. The preliminary evaluation used for the HRA was based on this year, It should be based an next year's valuation. The HRA levy should be reduced. Peterson asked for clarification on the Public Safety facility costs. Fehst indicated they are under the $12,000,000 bond total. Fehst stated that the City Council agreed to add space with funds saved. Nawrocki questioned when this came before the Council. Fehst stated that the City Council approved the bid specifications. l-Zeport of the City Attorney -none CITIZENS FORUM Deb Johnson, 4626 Pierce Street, indicated that this Council agenda was not available on the web site. It was on cable TV. The Commission agendas are not available anywhere. Council. members requested that Board and Commission agendas be made available on the City's web site. Peterson stated that tickets for the Holiday Kick-off dinner are available at City Hall. Don't forget your service men and women; keep them in your thoughts and prayers. Don't take yourself too seriously and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 8:12 p.m. atricia Muscovitz CMC - ity Clerk. RESOLUTION N0.2009-164 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT FOR CERTAIN REAL PROPERTY LOCATED AT 3852 3rd STREET NORTHEAST 1N THE CITY AND ASSIGNMENT THEREOF TO THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY BE IT RESOLVED By the City Council (the "Council") of the City of Columbia Heights, Minnesota (the "City") as follows: Section 1. Recitals. 1.01. The Colwnbia Heights Economic Development Authority (the "Authority") administers the Downtown CBD Redevelopment Pro3eCt (the "projPrt"} ~v~thm tl?e C:ty, ~h~h2ch ~h~aS established t!ndar IVTin2?egQta ~tat~ttPg, SeCtZQnc 469.001. to 469.047 (the "HRA Act"}. 1.02. The Authority has undertaken a program to acquire homes in the Project in order to address foreclosure problems and remediate and prevent the emergence of blight. 1.03, The City, as a state public body under Section 469.041 of the HRA Act, is authorized to make contributions to the Project. 1.04. In order to acquire certain properties in a timely fashion, the City has determined to assist with such acquisitions by negotiating with sellers and entering into purchase agreements on behalf of the Authority. 1.05. City staff have negotiated a Real Estate Purchase Agreement with EMC Mortgage Corporation (the "Seller") dated as of October 6, 2009, including all related addenda and disclosures thereto (collectively, the "Purchase Agreement"), for real properly located at 3853 3rd Street Northeast and legally described as follows: Lot 10 & that part of Lot I 1 Block E Rear of Block E of Columbia Heights Annex Lying South of Following Description L Com at A PT 351.1 Ft City Council Minutes Monday, October 1.2, 2009 Page 7 of 10 NELY ALG NWLY Line of SD LOT 11 from most WLY Cor thereof, TH S ALG Former WL (the "Property"), which Purchase Agreement is contingent upon approval by the City Council. 1.06. The City intends to assign its interests in the Purchase Agreement to the Authority, contingent only upon acceptance by the Authority of such assignment. 1.0"1. 'The Purchase Agreement has been prepared and submitted to this Council and is on file with the City Manager. Section 2. Approval and Assignment. 2.01. The Purchase Agreement for the Property is hereby approved, and the execution of the Purchase Agreement by the City is hereby ratified. Pursuant to the Purchase Agreement, the City will purchase the Property for $49,900. City staff and officials are authorized and directed to take all such other actions to complete the purchase of the. Property, including without limitation execution of all documents and agreements related to such transaction. 2.02. Contingent upon approval of the Authority, the City hereby assigns its interests in the Purchase Agreement to the Authority. City staff and officials are authorized and directed to take all such other actions to complete the assignment of the City's interests in the Purchase Agreement to the Authority, including without limitation execution of any documents and agreements necessary to effectuate such assignment. RESOLUTION N0.2009-166 RESOLUTION APPROVING A VARIANCE FROM. CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR CAROLINE BECKER WHEREAS, a proposal (Case # 2009-1001) has been submitted by Caroline Becker to the City Council requesting a variance from the City of Columbia I-Ieights Zoning Code at the following site: ADDRESS: 3704 Tyler Street NE LEGAL DESCRIPTLON: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 4-foot width variance for the construction of a new detached garage per Code Section 9.106 (C)(1)(m). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on October 6, 2009; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffrc, property values, light, air, danger of fire, and risk to public safety, in the sun-ounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions of this Ordinance and. has not been created by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the pern i t. CONIDTIONS ATTACHED: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. 2. The applicant shall obtain a building permit prior to the construction of the garage. 3. The garage shall be architecturally compatible with the existing principal structure, incorporating similar building materials and colors, City Council Minutes Monday; October 12, "2009 Page 8 of ] 0 RESOLUTION 2009-161 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pw~suant to Chapter 8, Article II, of City Code, of the property owned by Sushumna Aggarwal (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4251 Jefferson 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 September 17, 2008. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on August 10, 2009 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on September 17, 2009 inspectors re-inspected the property listed above. Inspectors noted that 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 October 2, 2009 inspectors reinspected the property and found that 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 remove the dead tree in the back 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 l . That the property located at 4251 Jefferson 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 4251 Jefferson Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2009-167 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 ti, of City Code, of the property owned by Bank of New York Trust Company (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1218-20 Circle Terrace Blvd. N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article tt, Section 8?06, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on October 7, 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 September 2, 2009 the Fire Department responded to a fire at the address listed above. After the situation was under control the Fire Chief ordered an immediate abatement and that the building secured. The owners were not able to secure the building. The Fire Chief ordered DuAll Services to respond to the scene and secured the building with plywood. 2. That on October 7, 2009 the Fire Department sent statement of cause to the registered. owner of the property at the address listed in the Anoka County Property Records database.. 3. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: Approve the immediate abatement of the hazardous situation located at 218- City Council Minutes Monday, October 12, 2009 Page 9 of 10 20 Circle Terrace Blvd., N.E. 4. 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 properly located at 1218-20 Circle Terrace 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 1218-20 Circle Terrace Blvd. N.E. constitutes a nuisance pursuant to City Code. 2. That a copy ofthis order shall be served upon all relevant parties and parties in interest. RESOLUTION 2009-162 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 Refugio Martinez (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located. at 3826 Buchanan Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons far the proposed Council action contained herein was given. to the License Holder on September 16, 2009 of an public hearing to be held. on October 12, 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 August 31, 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 in the property records. 2. That on September 16, 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 U3826 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. RESOI,UTiON N0.2009-160 RESOLUTION LEVYING AND ADOPTING THE ASSESSMENT FOR. ALLEY LIGHT AREA NO. 677-43 Adopting assessment roll according to the City Charter for the following local improvement and determining that said improvement will be made and ratifying and confirming all other proceedings, heretofore had: Special Assessment for alley fight area numbered 677-43 WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 p.m. on the 12`x' day of October, in the City Council Chamber, 590 40''' Avenue N.E. Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvement above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, City Council Minutes Mondays October 12, 2009 Page l0 of 10 WHEREAS, this Council has heretofore estimated the cost of such local improvement and has prepared an assessment roll therefore, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA Section 1. That this Council does hereby adopt the aforesaid assessment roll known and. described as "Assessment Roll for Local Improvements" numbered 677-43 for Alley lighting, a copy of which is attached hereto and made a part hereof. Section 2. 'That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll. was and is especially benefited by such improvements. This Council further finds and determines that the proper proportion of the cost of such. improvement to be especially assessed against each. lot or parcel. of land is the amount as billed annually by Xcel Energy Company. Section 3. That the assessment will be added to the utility bill prepared and mailed by the City of Columbia Heights to property owners or occupants on record with the Finance Department. Section 4. This resolution shall take effect immediately upon its passage