HomeMy WebLinkAboutOctober 26, 2009OFFICIAL PROCEEDINGS
CITY OF COLUMBIA. IIEIGHTS
CITY COUNCIL MEETING
OCTOBER 26, 2009
The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday,
October 26, 2009 in the City Council Chambers, City Hall., 590 40th Avenue N.E., Columbia Heights,
MN.
CALL TO ORDER/ROLL CALL/INVOCATION
Present: Mayor Peterson, Councilmember Nawrocki, Councilmember Diehm, Councilmember
Kelzenberg
Absent: Councilmember Williams
Lay Minister Shirley Barnes, Crest View Communities, gave the Invocation.
Peterson indicated that in the name of peace, on Armistice Day, we will dedicate the Public Safety
Tribute Statue at 10:00 a.m. on November 11, 2009 at the Public Safety Building.
PLEDGE OF ALLEGIANCE -recited
ADDITIONS/DELETIONS TO MEETING AGENDA
Mayor Peterson removed item 7B Bid -Considerations for Emergency Repair of Trunk Storm Sewer
at 45th Avenue outfall to Mississippi River and tabled it to the November 9, 2009 City Council
meeting. Peterson removed Rental License Revocation Resolutions 2009-170, 2009-171, 2009-172,
and 2009-175 in that the properties are now in compliance.
Nawrocki questioned why the refuse contract and new officer contract was not on this agenda. Fehst
stated they will be on a future agenda.
Nawrocki requested to add, under the City Manager's report, state aid road allotments and fund
commitments for the Pedestrian Bridge, timing on stoplights, City newsletter, budget, HRA levy,
possible Three Rivers walkway at Silver Lake, Silver Lake TMDL and SWPPP reference, sump
pump inspection program, and MnDOT study for street policies. Peterson stated some of those items
have been already been answered in information sent out by staff.
PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS
A. 2009 Homelessness Awareness Month Proclamation was read by Mayor Peterson
Peterson also thanked the members of the Columbia Heights Beautification Committee for their
efforts and hard work for our city. Peterson. read the committee members names.
B. Donation by Jeffs Bobby and Steve's Auto World for Huset playground -not present
CONSENT AGENDA
Nawrocki requested items D, E, F, and I be removed for discussion. Nawrocki questioned the reason
far removing the sanitary sewer item. Fehst stated that the bids came in 20% over the anticipated
amount and would be rebid.
City Manager Walt Fehst took Council members through the Consent Agenda items:
A, Approve minutes of the City Council
City Council Minutes
Monday, October 26, 2009
Page 2 of 1 1
Motion to approve the minutes of the October 12, 2009 City Council meeting.
B. Accept minutes of the Columbia Heights Boards and Commissions
Motion to accept the September 2009 minutes of the Library Board
Motion to accept the October 20, 2009 special meeting minutes of the Planning and Zoning
Commission.
C. Approve Premises Permit Application for MN Youth Athletic Services to conduct charitable
ag_rnbling activities at Star Bar and Grill, 4001 Central Ave NE
Motion 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 Class B
premises permit far Minnesota Youth Athletic Services in conjunction with activities at the Star
Bar and Grill, 4001 Central Avenue NE; and furthermore, that the City Council hereby waives
the remainder of the sixty-day notice to the local governing body.
D, Adopt Resolution 2009-168, being a Resolution authorizing extension request to Met Council for
47th and Central Avenue parking ramp r~ ant• -removed
E. Adopt Resolution 2009-169, being a Resolution for acquisition of 4110 6th Street -removed
F. Adopt Resolution No. 2009-179, being a resolution approving a 2.7-foot rear yard setback
variance, a 2.5-foot side yard setback variance for parking, and a 2-foot aisle width variance for
4955 Central Avenue. -removed
G. Approval of the attached list of rental housing license applications, in that they have met the
requirements of the Property Maintenance Code.
Motion to approve the items listed for rental housing license applications for October 26, 2009.
H. Approve Business License Applications
Motion to approve the items as listed on the business license agenda for October 26, 2009 as
presented
I. Approve payment of the bills -removed
Motion by Diehm, second by Nawrocki, to approve the Consent Agenda items with the exception of
items, D, E, F, and I. Upon vote: All ayes. Motion carried.
D, Adopt Resolution 2009-168, being a Resolution. authorizing extension reauest to Met Council
for 47th and Central Avenue parking ramp grant
Fehst stated this is for an extension of the dollars committed to the parking ramp project at 47tH
and Central. Nawrocki asked if the commercial project still has viability. Fehst gave an update
on the developer's progress. Nawrocki stated that he should be commended for taking good care
of the property. The developer on the apartments is trying to scale back.
Motion by Diehm, second by Kelzenberg, to waive the reading for Resolution 2009-168, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
.Motion by Diehm, second by Kelzenberg, to adopt Resolution 2009-168, being a Resolution
authorizing submittal to the Metropolitan Council for a third extension for demonstration grant
Number SG006-166 for the 47th and Central Avenue parking ramp. Upon vote: All. ayes.
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Motion carried.
E. Adopt Resolution 2009-169, beinP a Resolution for acquisition of 4110 6th Street
Nawrocki asked if demolition bids were received. Fehst stated not yet, but the average cost is
$12,000 to $15,000. This home was for sale for $75,000, but the deal fell through. There are
structural deficiencies. Nawrocki questioned if rehab costs were obtained. Fehst stated no, as
there is extensive structural deterioration. Nawrocki indicated his recollection of Council
approval was $50,000 including all costs. We continue to take properties off of the tax roles.
This property paid $1,600 this year. It is premature to act on tearing this property down at this
time.
Motion by Kelzenberg, second by Diehrn, to waive the reading of Resolution 2009-169, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Kelzenberg, second by Diehm, to adopt Resolution 2009-169, approving the
acquisition of property located at 4110 6th Street NE; furthermore authorize the Mayor and City
Manager to enter into an agreement for the same. Upon vote: Kelzenberg, aye; Diehm, aye;
Nawrocki, nay; Peterson, aye. 3ayes - 1 nay. Motion carried.
F, Adopt Resolution No. 2009-179, being a resolution approving a 2.7-foot rear yard setback
variance, a 2.5-foot side yard setback variance for parkin, and a 2-foot aisle width. variance for
4955 Central Avenue.
City Planner Jeff Sargent indicated this item was brought to the Planning and Zoning
Commission at a special meeting. The property is at 50"' and Central, the vacant Jiffy Lube. The
proposal is for demolition of the building and replacement with a Jimmy John's stand alone
restaurant. It was approved by a four to one vote. The three variances are submitted for Council
consideration. This includes a rear yard and side yard variance for parking and variance for the
drive isle width.
Nawrocki asked if the entrance would be off the service road. Sargent stated the entrance will be
off the service road and customers would exit on to Central Avenue. Sargent explained the City
Code 24 foot drive isle requirement.
Diehm referred to the Sonic restaurant and asked if their drive isle is similar to this. Sargent
refen•ed to the variance requests by Sonic. Diehm stated that we need to take into consideration
the site limitations and indicated she is excited to see this business development.
Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2009-179, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Diehm, second by Kelzenberg, to adopt Resolution No. 2009-179, approving a 2.7-
foot rear yard setback. variance for parking, a 2.5-foot side yard setback variance for parking and
a 2-foot aisle width variance for 4955 Central Avenue, subject to the conditions outlined in
Resolution No. 2009-179. Upon vote: All ayes. Motion carried.
I. Approve payment of the bills
Nawrocki indicated that checks 132236 and 132227 are both to businesses owned by Mr.
Williams.
Motion by Nawrocki, second by Kelzenberg, to approve payment of checks number 132236 and
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Monday, October 26, 2009
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132227. Upon vote: Peterson, aye; Kelzenberg, aye; Nawrocki, aye; Diehm, nay. 3ayes - 1 nay.
Motion carried.
Motion by Nawrocki, second by Kelzenberg, to approve the payment of bills out of the proper
funds as listed in the attached register covering Check Number 132184 through Check Number
132318 in the amount of $776,097.33, with the exception of checks 132236 and 132227. Upon
vote: All ayes. Motion carried.
PUBLIC I~EARINGS
A. Adopt Resolutions 2009-170, 4315, 4317 5th Street N.E.. 2009-171. 1407-09 Circle Terrace
Blvd. N.E., 2009-172, 4546 Polk Street N.E., 2009-173, 1620 Innsbruck Parkway, 2009-174,
1204-06 Cheery Lane N.E., 2009-175, 4321 5th Street N.E., and 2009-176, 3700 2nd Street N.E.
being Resolutions approving rental license revocation for failure to meet the requirements of the
Property Maintenance Codes.
Assistant Fire Chief John Larkin indicated the reasons for rental license revocation, including
failure to fill out an application, pay the fee, or schedule an inspection. Larkin requested to table
Resolution 2009-173, as the applicant was present and has agreed to work with staff to become
compliant.
Motion by Kelzenberg, second by Diehm, to table 2009-173. Upon vote: All ayes. Motion
carried.
Nawrocki stated that there is a junk car without license plates and a pile of debris by the back
door at 4315/4317 5`" Street. Larkin stated that revocation was for failure to submit application
and schedule an inspection, so was not yet inspected. Nawrocki questioned what the violations
were at 3700 2°d Street. Larkin stated this inspection was completed by the Building Official.
Nawrocki requested that the Council also be informed of violations found by the Building
Official He indicated that at the empty lot on the west side of 3`d Street, between 37`" and 38t",
there are three cars with expired plates. Larkin stated he would pass this information along to the
Police Department.
Motion by Diehm, second by Kelzenberg, to close the public hearing and to waive the reading of
Resolution. Numbers 2009-174, and 176 being ample copies available to the public. Upon vote:
All ayes. Motion carried.
Motion by Diehm, second by Kelzenberg, to adopt Resolution Numbers 2009-174, and 2009-
176 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.
B. Adopt Resolutions 2009-177, 1204-06 Cheery Lane N.E., and 2009-178, 4308 5th Street N.E.
being declarations of nuisance and abatement of violations within the City of Columbia Heights
Larkin indicated these are vacant and abandoned properties.
Motion by Diehm, second by Nawrocki, to close the public hearing and to waive the reading of
Resolution. Numbers 2009-1.77, and 2009-178, there being ample copies available to the public.
Upon vote: All ayes. Motion carried.
Motion by Diehm, second. by Kelzenberg, to adopt Resolution Numbers 2009-177, and 2009-
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Monday, October 26, 2009
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178, 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.
ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions -none
B. Bid Considerations
Bid Considerations for Emergency Repair of Trunk Storm Sewer at 45th Avenue outfall to
Mississippi River. -removed
C, Other Business
Suburban Rate Authority (SRA) activity - Councilmember Nawrocki
Nawrocki indicated the SRA met last week and he provided the information handed out at that
meeting in the agenda packet. As the City Manager has proposed removal of this membership, he
indicated the benefits of the SRA's work on franchise agreements and. rates. The SRA looks at
the filings and offers help with items such as the Xcel proposed increase, resulting in a
considerable reduction in the amount they will be able to charge. CenterPoint hearings are
underway. Xcel street lighting is important to us and the SRA is working on clarification on the
amount of time lights can be out and is working toward a credit for any outage. The SRA is
working on elimination of rate meter charges. This Authority has a direct impact on the users of
our community.
ADMINISTRATIVE REPORTS
Report of the City Manager
Fehst indicated that state aid road allotments were reported back to council. Nawrocki stated that
most of the pedestrian bridge will be paid with federal funds and was told the rest will be from state
allotments. He asked if this will cover the total cost. Fehst indicated there may be additional costs.
Nawrocki requested additional information. Fehst stated that will be forthcoming.
Fehst indicated the response from MnDOT on the need to change the light timing to optimize traffic
flow. Fehst indicated he would like to have 40`h and 49`" Avenues looked at again. Nawrocki referred
to the inconvenience to residents entering from side streets. Nawrocki referred to other crossings
with this issue, including University Avenue crossings.
Fehst stated that the newsletter budget article is not yet complete. Nawrocki stated the need to do a
better job giving information on the budget totals, including the levies for the debt service, TIF
district money that should have been de-certified, and the County levying HRA funds for us. He
indicated the desire to see the budget article prior to publication. The newsletter should contain
parking restriction information. Fehst stated that flyers regarding parking have been placed on
parked cars. Nawrocki indicated his feeling that the amount paid to put the newsletter together is not
worth it. Nawrocki referred to information on the new refuse hauler and questioned if the newsletter
is delivered to every property or property owner? Fehst stated that it goes to each address. Nawrocki
stated that we are mailing the newsletter to the Fridley residents of our School District and should
we review this, Fehst spoke of postal mailing areas and the attempt to reach all. of our residents. We
will look to see if we can reduce the mailing area. Nawrocki stated that the newsletter is also given
to all school students. Fehst referred to the benefit of this through student participation in our
programs.
Nawrocki spoke of resident concerns about a possible walking traffic in their back yard if a trail is
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Monday, October 26, 2009
Page 6 of 11
placed along Silver Lake. Before committing to a path, a public information meeting should be held.
Fehst referred to past discussions of this, with the walkway being opened and closed each day.
Nawrocki questioned the meaning of the TMDL Plan and SWPPP Plan. Fehst stated SWPPP refers
water shed. Diehm stated TMDL refers to Total Maximum Daily Load, or the level of the water.
Fehst referred to federal mandates on this.
Nawrocki referred to notifying residents north of 43`d Avenue about upcoming sump pump
inspections, indicating they should be made aware of the $500 assistance available for required
corrections. Nawrocki questioned how much water this program has saved from going in to the
storm water system and what are the benefits versus the costs incurred? Fehst stated that we pay an
$80,000 surcharge per year because we are in violation of sending too much water through the
system. We received grants to get those credits back because we are trying to reduce infiltration and
clean up our system.
Nawrocki referred to the MNDOT study on street policies. Fehst stated that we have submitted a
plan.
Nawrocki referred to the budget books distributed and his inability to find information on the debt
service, TIF funds diverted from the original source, and funds for property purchase. Peterson
suggested he speak to the Finance Director. Nawrocki spoke of the automatic yearly utility rate
increases.
Report of the City Attorney -nothing to report
CITIZENS FORUM
Donna Schmitt, 4260 Tyler Street, commented in favor of the Three Rivers Park walkway and
indicated that other people have also expressed their favor in this. She asked if the storm water
penalty takes into consideration that our City is on a big hill. Fehst stated that this is a Federal push to
clean up our water. If we do not find way to be reimbursed, we will owe them money. Peterson stated
this is the final portion of our city left to inspection. We have not had many backups into basements
since the disconnect program was put into place. We have inspected three-quarters of the community
and owe it to them to complete the entire city. It is a very good program and we need to complete
what we started.
Peterson stated that the Community Holiday Kick-off Park will be held on November 14 at Murzyn
Hall, with entertainment by our own Columbia Heights talent and The Worlds Best Pork. Chops will
be served.
Don't forget our service men and women. We are proud of all of them and the job they do. Don't take
ourselves too seriously and do a random act of kindness.
ADJOURNMENT
Mayor Peterson adjourned the meeting at 8:14 p.m.
Patricia Muscovitz CMC City lerk
RESOLUTION 2009-168
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Monday, October 26, 2009
Page 7 of 1 1
RESOLUTION AUTHORIZING AND CLARIFYIN SUBMITAL TO THE METROPOLITAN COUNCIL FOR. A THIRD
EXTENSION FOR DEMONSTRATION GRANT NO. SG006-166 FOR THE 47T" AND CENTRAL PARKING RAMP
Recitals
Whereas, on September 28, 2009, the City Council approved Resolution 2009-150 authorizing a submittal to the Metropolitan
Council for a Third Extension for Demonstration Grant number SG006-166 for the 47`h and Central Parking Ramp, and
Whereas, this resolution memorializes the previous resolution with modifications, and
Whereas, on December 13, 2006 the City of Columbia Heights was awarded a $974,369 grant from the Metropolitan Council
through the Livable Communities Demonstration Account, and
Whereas, these funds were to be used for a portion of the costs to construct a parking ramp as part of a commercial. and office
development at 47`h and Central, and
Whereas, Grand Central Commons LLC, the commercial developer, gained site control of said property in October 2007, and
Whereas, on February 9, 2009 the City of Columbia Heights Economic Development Authority approved a revised Development
Agreement with the developer for said project, and
Whereas, on March 3, 2009, the City of Columbia Heights Planning Commission approved a revised site plan reflecting a
reduction in building size to 35,000 square feet of commercial and. office space and the construction of a parking ramp, and
Whereas, the City received a second extension on March I I, 2009 from the Metropolitan Council acknowledging the reduced site
plan to 35,000 square feet of commercial and office space, and in turn a grant reduction to $760,008 and a project completion
deadline of December 31, 2009, and.
Whereas, preliminary review of building plans has taken place, and
Whereas, preliminary Engineering plans for the pipe-bursting have been completed and reviewed by the City of Columbia
Heights Engineering Department, and
Whereas, RJM Construction and. United Properties have entered. into an agreement with the commercial developer to assist in
implementing the development, and.
Whereas, due to economic considerations the subject project has not been constructed, and.
Whereas, the City views that substantial progress by the developer has occurred and should ensure a project start and substantial
completion date in 2010.
NOW THEREFORE BE IT RESOLVED, the Columbia Heights City Council hereby agrees to the following:
1) The development of the commercial portion of the Grand Central Lofts project is critical to the City's revitalization
of Central Ave., bolsters the redevelopment actions in the adjacent Sheffield neighborhood and will serve as a future
catalyst to complete the Lofts housing plan.
2) The City strongly encourages the Metropolitan Council to grant a third. time extension to allow development to
commence in 2010.
RESOLUTION N0.2009-169
RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT FOR CERTAIN REAL
PROPERTY LOCATED AT 41.1.0 6th STREET NORTHEAST IN 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 Columbia Heights Economic Development Authority (the "Authority") administers the Downtown CBD
Redevelopment Project (the "Project") within the City, which was established under Minnesota Statutes, Sections 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.
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Monday, October 26, 2009
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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 Epic Realty lnc. (the ``Seller") dated as of
October 9, 2009, including all related addenda and disclosures thereto (collectively, the "Purchase Agreement"), for real property
located at 4110 6th Street Northeast and legally described as follows: Lot 13, Block 47, Columbia Heights Annex(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.
1.07. 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 $40,000. 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 N0.2009-179
RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS
ZONING CODE FOR JIMMY JOHN'S RESTAURANT
WHEREAS, a proposal (Case # 2009-1002} has been submitted by John Patterson doing business for Jimmy John's restaurant to
the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site:
ADDRESS: 4955 Central Avenue
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 2.7-foot rear yard parking setback variance and a 2.5-foot
side yard setback variance per Code Section 9.110 (C); and a 2-foot drive aisle width variance per Code Section 9.106
(L}(I 1).
WIIEREAS, the Planning Commission has held a special public hearing as required by the City Zoning Code on October 20,
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 traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding 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
cur•ently 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 permit.
CONDITIONS ATTACHED:
1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part
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Monday, October 26, 2009
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of the permit.
RESOLUTION 2009-174
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 Travis J. Klein (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 1204-1206 Cherry Lane 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 October 7, 2009 of an public hearing to be
held on October 26, 2009.
Now, therefore, in accordance with the foregoing, and ail 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 I5, 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 October 7, 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 Haller 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 F9343 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 2009-176
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article
IV, Section SA.408(A) of that certain residential rental license held by Lloyd R. Omlie (Hereinafter "License Holder").
Whereas, license holder is the legal owner of the real property located at 3700 2"d 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 October 12, 2009 of an public hearing to be
held on October 26, 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 3, 2009 inspectors for the City of Columbia Heights, inspected the property described above and noted
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 30, 2009 inspectors for the City of Columbia Heights performed a reinspection and noted that violations
remained uncorrected.
3. That on October 12, 2009 inspectors for the City of Columbia Heights checked records for this property and noted that
the 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 Property
Maintenance Code were found to exist, to-wit: Shall. pass Building Department inspection to receive rental license.
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).
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Monday, October 26, 2009
Page 10 of 11
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by license number F9697 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 45 days from the first day of posting of this Order
revoking the license as held by License Holder.
RESOLUTION 2009-177
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 Travis 3. Klein (Hereinafter
°'Owner of Record"}.
Whereas, the owner of record is the legal owner of the real property located at 1204-06 Cheery Lane N.E. Columbia Heights,
Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and
reasons for the proposed council action contained herein was sent via regular mail to the owner of record. on October 1, 2009.
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City
Council of the City of Columbia Heights makes the following:
FINDINGS OF FACT
1. That on August 26, 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 October 1, 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 I5, 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: Shal] repair all damaged siding on the house and garage
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 1204-06 Cheery 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
1. The property located at 1204-06 Cheery Lane N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
RESOLUTION 2009-178
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 Bobby Hardimon (Hereinafter
"Owner of Record").
Whereas, the owner of record is the legal owner of the real properly located at 4308 S`'' Street N.E. Columbia Heights, iviinnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and
reasons for the proposed council action contained herein was sent via regular mail to the owner of record. on October 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 August 31, 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 October 8, 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
City Council Minutes
Monday, October 26, 2009
Page 11 of 1 l
records.
3. That on October 14, 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 repair the garage service door that is deteriorated., shall replace the broken windows, front
and. kitchen windows, and shall replace the missing window in the front storm/screen 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 4308 5`'' 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 anal 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 4308 5"' 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.