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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. City Council Minutes Monday, October 26, 2009 Page .3 of ll 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 City Council iVlinutes Monday, October 26, 2009 Page 4 of 1 l 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- City Council Minutes Monday, October 26, 2009 Page 5 of 11 178, 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 City Council Minutes 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 City Council Minutes 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. City Council Minutes Monday, October 26, 2009 Page8of11 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 City Council Minutes Monday, October 26, 2009 Page 9 of 11 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). City Council Minutes 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.