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HomeMy WebLinkAbout09/27/2010 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING SEPTEMBER 27, 2010 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, September 27, 2010 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. • CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Rev. Ruth Hograbe, Community United Methodist Church Present: Mayor Peterson, Council member Williams, Council member Nawrocki, Council member Diehm, Council member Kelzenberg PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed Resolution No. 2010 -92 in that the property has been brought into compliance. Peterson added the Council letter to establish a budget work session for Tuesday, October 12, 2010. Nawrocki requested to add discussion on the bridge at 49 Huset Park development foreclosure, returning of Council member salary; under the Manager's report meeting broadcast on Channel 18, new equipment for recording meetings; in the green sheet new police badges, Alexandra House program, Fire Department meeting, Finance Department Groupwise system; and how we handle wild animals in the community. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS Introduction - Tim Barnes, Facility Maintenance Supervisor Keith Windschitl, Recreation Director, introduced the new Facility Maintenance Supervisor Tim Barnes, stating he was from New York and will be responsible for maintenance of all municipal buildings. Barnes thanked the City Council for the opportunity to work with this team of professionals. CONSENT AGENDA Nawrocki requested to remove items A, B, C, D, G, H, and I for discussion. City Manager Walt Fehst took Council members through the Consent Agenda items. A. Approve minutes of the City Council meeting of September 13, 2010 - Removed B. Adopt Resolution 2010 -86 being a Resolution ordering preparation of a report for the Zone 5 Street Seal Coat Program, City Project No. 1101. - Removed C. Adopt Resolution 2010 -87 being a Resolution ordering preparation of a report for the Zone 6 Street Rehabilitation Program, City Project No. 1102 - Removed D: Adopt Resolution 2010 -88 Being a Resolution Establishing Amount of City Share and Amount of Special Assessments on Projects Levied - Removed E. Approve final payment for Zone 4 Seal Coat Project #1001 Motion to accept the work for 2010 Seal Coat, City Project #1001 and authorize final payment of $5,655.67 to Allied Blacktop Company of Maple Grove, Minnesota. City Council Minutes Monday, September 27, 2010 Page 2 of 10 F. Approve final payment for Sullivan Lake and Silver Lake Beach Park Improvements, City Projects 0805 and 0806 Motion to accept the work for the Sullivan Lake and Silver Lake Beach Park Improvements, City Projects 0805 and 0806 to American Liberty in the amount of $3,076.53. G. Authorize the Capital Equipment Replacement of Unit #12 Pickup Truck, equipped with Lift Gate and Snow Plow - Removed H. Authorize the Capital Equipment Replacement of Unit #215 Kromer Ballfield Groomer - Removed I. Approval of the attached list of rental housing applications - Removed J. Approve Business License Applications Motion to approve the items as listed on the business license agenda for September 27, 2010 as presented. K. Approve payment of the bills Motion to approve payment of the bills out of the proper funds, as listed in the attached check register covering Check Number 136266 through 136427 in the amount of $1,236,759.48. Motion by Diehm, second by Kelzenberg, to approve Consent Agenda items E, F, J, and K. Upon vote: All ayes. Motion carried. Discussion of Consent Agenda items A. Approve minutes of the City Council meeting of September 13, 2010 Nawrocki requested to add the importance of the budget document. Residents are suffering from the economic disaster with 13 percent of our homes in foreclosure, among the highest property taxes in the county, the lowest income, and double digit property taxes. We need to reduce the proposed levy increase to zero. Motion by Diehm, second by Kelzenberg, to approve the minutes of the September 13, 2010 City Council meeting as presented. Motion to amend by Nawrocki to include these items in the last minutes. Peterson called for a second. Motion died for lack of a second. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. B. Adopt Resolution 2010 -86 being a Resolution ordering preparation of a report for the Zone 5 Street Seal Coat Program, City Project No. 1101. Nawrocki questioned when this area was last seal coated. Kevin Hansen, Public Works Director, referred to the map included in the packet, which shows these streets seal coated about seven or eight years ago. Nawrocki questioned who would do the report. Hansen stated that the feasibility report will be done in- house. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution No. 2010 -86, there being ample copies available for the public. Upon vote: All ayes. Motion carried. City Council Minutes Monday, September 27, 2010 Page 3 of 10 Motion by Diehm, second by Kelzenberg, to adopt Resolution 2010 -86, being a resolution ordering preparation of a report for the Zone 5 Street Seal Coat Program, City Project No. 1101. Upon vote: All ayes. Motion carried. C. Adopt Resolution 2010 -87 being a Resolution ordering preparation of a report for the Zone 6 Street Rehabilitation Program, City Project No. 1102 Nawrocki asked who would prepare the report and when this was last seal coated. Hansen stated the report would be done in- house. Hansen stated that the zones are on a 13 year zone program. This area was seal coated six or seven years ago. Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution No. 2010 -87, there being ample copies available for the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm: Move to adopt Resolution 2010 -87, being a Resolution ordering preparation of a report for the Zone 6 Street Rehabilitation Program, City Project No. 1102. Upon vote: All ayes. Motion carried. D. Adopt Resolution 2010 -88 Being a Resolution Establishing Amount of City Share and Amount of Special Assessments on Projects Levied Nawrocki questioned if these costs were consistent with the estimates. Hansen indicated there are two projects: the street rehabilitation is eleven percent under the projected cost and the seal coating is at the projected cost. Hansen stated this resolution is a 429 requirement and City Code requirement. Diehm stated a recap of the process for street improvements. Nawrocki questioned if there will be a public hearing. Fehst indicated there will be a hearing, with the vote at the following Council meeting. Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution 2010 -88, there being ample copies available for the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution 2010 -88 being a resolution establishing amount of City Share and amount of Special Assessments on projects to be levied. Upon vote: All ayes. Motion carried. E. Approve final payment for Zone 4 Seal Coat Project #1001 (approved under the consent agenda) Nawrocki asked if all the work was done on Monroe Street. Hansen stated that the seal coating is done and MCS will put down the final layer of bituminous tomorrow. Upon inspection, there was a sanitary sewer that needed to be hooked up. G. Authorize the Capital Equipment Replacement of Unit #12 Pickup Truck, equipped with Lift Gate and Snow Plow Nawrocki indicated this unit only has 52,000 miles on it and we should keep it. Hansen stated the vehicle will be rotated in the fleet and an old pickup will be removed. The vehicle is 13 years old. He referred to the ten year maintenance costs. Peterson questioned if these items were budgeted for replacement. Hansen stated yes; both items are in the budget. Peterson referred to the heavy wear snow plowing has on a vehicle and deferred to our mechanic's expertise and recommendation. This truck will now go down to a lesser use in the fleet. Nawrocki stated that he appreciates the work our garage does to keep the vehicles up, but he is thinking of taxpayer dollars. Fehst stated that a lesser vehicle will be auctioned off. City Council Minutes • Monday, September 27, 2010 Page 4 of 10 Motion by Kelzenberg, second by Williams, to authorize the replacement of Unit #12 and purchase one (1) new Ford F250 Super Cab 4x4 3 /4 ton pickup truck from Roseville Midway Ford in the amount of $26,534 plus sales tax. Lift gate and snow plow to be purchased from Aspen Equipment in the amount of $6,668 plus sales tax. Funding shall be from the Street Capital Equipment fund, 431 - 43121 -5150. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. H. Authorize the Capital Equipment Replacement of Unit #215 Kromer Ballfield Groomer Nawrocki stated his feeling that this unit does not need to be replaced at this time. Hansen stated that this piece of equipment was in last year's budget and put off until this year. He explained the need for this and the difficulties with the current piece of equipment. He indicated the additional items this unit will be used for. Motion by Kelzenberg, second by Williams, to authorize the replacement of Unit #215 and purchase one new John Deere XUV 625i utility vehicle equipped with a Broyhill Fastliner and Rahn Infield Groomer from Isanti County Equipment in the amount of $20,004 plus sales tax. Donna Schmitt, 4260 Tyler Street, questioned if we could share the groomer with the schools to cut costs. Hansen indicated there is sharing through our recreation department. Peterson referred to the difficulty in transporting and scheduling. We can look at additional sharing with the school district. Fehst stated that staff meets with the School District to discuss such ideas. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. I. Approval of the attached list of rental housing applications. Motion by Nawrocki, second by Diehm, to approve the items listed for rental housing license applications for September 27, 2010 in that they have met the requirements of the Property Maintenance Code. Upon vote: Kelzenberg, aye; Williams, abstain; Diehm, aye; Nawrocki, aye; Peterson, aye. 4 ayes - 1 abstention. Motion carried. L. Establish budget work session Nawrocki indicated a conflict with the proposed October 12 meeting date. Nawrocki suggested several possible dates, including following the assessment hearing. Fehst indicated that only three council members are able to be present at the October 4 assessment hearing. The vote will need to be conducted at the October 11 City Council meeting. Council members reviewed possible dates to meet. Nawrocki suggested scheduling a second budget work session for Monday, October 18. Nawrocki indicated he would cancel his meeting scheduled for October 12. Motion by Diehm, second by Kelzenberg, to establish budget work session meetings for Tuesday, October 12 and Monday, October 18, 2010 in Conference Room 1. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS A. Adopt Resolutions 2010 -89, 5123 4th Street N.E., 2010 -90, 5129 4th Street N.E., and 2010 -91, 4329 Main Street N.E. being declarations of nuisance and abatement of violations within the City of Columbia Heights. Fire Chief Gary Gorman indicated the reason for abatement: 5123 4th removal of dead tree and stumps, 5129 4 removal of dead tree and stumps, and 4329 Main Street repair holes in garage. Nawrocki referred to other problems at the Main Street address. Gorman stated other repairs City Council Minutes Monday, September 27, 2010 Page 5 of 10 have been made. The integrity meets our code. Motion by Kelzenberg, second by Williams, to close the public hearing and to waive the reading of Resolution Numbers 2010 -89, 90, and 91 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams to adopt Resolution Numbers 2010 -89, 90 and 91 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 2010 -92, 981 43 -1/2 Avenue N.E. and 2010 -93, 1827 41st Avenue being Resolutions of the City Council of the City of Columbia Heights approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. Resolution 2010 -92 was removed as the property was brought into compliance. Gorman indicated Resolution 2010 -93, 1827 41 Avenue, rental license revocation, as the property is the in process of a short sale and availability for a rental license is questionable. Motion by Diehm, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution Numbers 2010 -92 and 93 being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adopt Resolution Numbers 2010 -92 and 2010 -93 being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental licenses listed. Upon vote: All ayes. Motion carried. Nawrocki questioned Chief Gorman on his green sheet article regarding goals. Gorman indicated this referenced their goal setting meeting discussing budget cuts, the delay in purchase to upgrade equipment, and replacement of radios. Staff discussed capital and minor equipment replacement for the next 10 to 20 years. Gorman spoke to the advantage of using smaller vehicles for minor calls and the longevity added to our pumper truck by doing so. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions - none B. Bid Considerations - none C. New Business and Reports Nawrocki questioned if the pedestrian bridge at 49 Avenue would obstruct the traffic light for those headed north on Central Avenue. Hansen stated that was looked at in the design phase and is a slight improvement over the old bridge. There will not be anything further below the trusses to obstruct vision. Nawrocki referred to the Huset Park development foreclosures and questioned if we would have any obligation on the bond payoff or if this would affect the city's credit rating. Fehst stated that the bond attorney would indicate we have no such obligation. Diehm stated that a more detailed memo would be forthcoming. Nawrocki referred to Council member Williams offer to return two weeks of salary. Nawrocki listed the meetings attended, meals purchase, lodging, and gas he has personally paid for attending meetings on the City's behalf, totaling $572. Peterson stated that all Council members City Council Minutes Monday, September 27, 2010 Page 6 of 10 would be able to do this. Nawrocki indicated a resident comment that the City would not pick up a trapped weasel, but would provide a cage and pickup of domestic animals. He questioned the City's policy on this. Fehst stated he would obtain this information. Nawrocki stated that he requested the cable notice referring residents to Channel 18 for rebroadcast of the Council meetings be highlighted on the screen. Nawrocki questioned when the new equipment would be ready. Fehst stated it would be at least January before the equipment was ready. Peterson indicated the public interest in watching these meetings and stated he would like to see it up and running as soon as possible. Nawrocki questioned what the cost would be for new police officer badges and questioned the expenditure at this time. Nawrocki questioned the Police Department's involvement with the Alexandra House program and the cost to us. Fehst stated that it only requires our cooperation. They request funding every year but we have not contributed. This program is under a grant they received. Jim Hoeft, City Attorney, the grant referenced is an Anoka County initiative whereby, in domestic abuse incidents, officers ask 15 questions of the victim at the time of the report. Nawrocki questioned the cost for the Group wise change to Windows. Fehst indicated this is our communication program and would check on the cost. ADMINISTRATIVE REPORTS Report of the City Manager — nothing additional to report Report of the City Attorney _ nothing additional to report CITIZENS FORUM Nancy King, 3717 Van Buren Street, described the dirt, dust, horrible noise, and people cutting across the corner of 37 and Central. She requested this area be seeded and fenced to deter vehicles. Fehst agreed. He stated an extension was given to the developer. Nawrocki stated that there is an ordinance requiring the stabilization of property. Nawrocki stated he attended three meetings regarding fiscal policies for the LMC. He summarized the last meeting report of the impact on aging citizens and the economy. Bill Johannic, 3713 Van Buren, stated he lives across from the corner of 37 and Central. He said he has been called the "alley cop" as he cleans up the area, and calls the city to empty the dumpsters. There should be a fence to keep people out. That corner should be addressed. If it is the gateway to the city, we should make it pretty. Fehst stated that we would address this issue. DeWayne Morrell, 4212 Reservoir Blvd., suggested looking to Burger King for development at 37 He questioned the profitability of our liquor stores. Fehst indicated he could get him this information. Morrell questioned the Ace Hardware store being profitable at the 44 Avenue location when the City liquor store was not. Fehst stated that the property owner was going to increase our rent by 2.5 times. Fehst stated his pleasure that this hardware store stayed in our town. Nawrocki referred to the interest on the liquor stores debt and building depreciation. Peterson stated that the Fire Department will hold an open house on Saturday, October 9, from 11:00 City Council Minutes Monday, September 27, 2010 Page 7 of 10 a.m. to 3:00 p.m. The Recreation Department will host an Open Mic. Night at Murzyn Hall for local talent to entertain on Thursday, October 7, from 7:00 p.m. to 10:00 p.m. Peterson thanked those that donated to the Lee Carlson Center for Mental Illness. He also thanked our fire department, police department, and liquor store employees for their involvement and help during his time spent on the liquor store roof for this cause. Peterson stated, on a sad note, that Albert's closed their restaurant business. He gave his best wishes and thanked him for his contribution to the Athletic Boosters, the Lions Club and the community. Peterson stated - Don't forget our 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 8:32 p.m. atricia Muscovitz C C lerk RESOLUTION NO. 2010-86 BEING A RESOLUTION ORDERING THE PREPARATION OF A REPORT FOR THE ZONE 5 STREET SEAL COAT PROGRAM CITY PROJECT NO. 1101 WHEREAS, the City Council of Columbia Heights is proposing to rehabilitate local streets in Zone 5 that have not been rehabilitated under the street program, and WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section 103B.201 to 103B.251, as follows: 1101 ZONE 5 SEAL COAT PROGRAM NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, the estimated cost of the improvement as recommended and a description of the methodology used to calculate individual assessments for affected parcels. RESOLUTION NO. 2010-87 BEING A RESOLUTION ORDERING PREPARATION OF A REPORT FOR THE ZONE 6 STREET REHABILITATION PROGRAM CITY PROJECT NO. 1102 WHEREAS, the City Council of Columbia Heights is proposing to rehabilitate local streets in Zone 6 that have not been rehabilitated under the street program. WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section 103B.201 to 103B.251, as follows: 1102 ZONE 6 STREET REHABILITATION PROGRAM NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, the estimated cost of the improvement as recommended and a description of the methodology used to calculate individual assessments for affected parcels. RESOLUTION NO. 2010-88 BEING A RESOLUTION ESTABLISHING AMOUNT OF CITY SHARE AND AMOUNT OF SPECIAL ASESSMENTS ON PROJECTS TO BE LEVIED City Council Minutes Monday, September 27, 2010 Page 8of10 WHEREAS, the City Council of the City of Columbia Heights by motion on the 10th day of August, 2010, ordered a special assessment hearing to levy the cost of improvements and; WHEREAS, the following projects will be specially assessed in October, 2010, and a portion of the costs may be borne by the City, NOW THEREFORE BE IT RESOLVED pursuant to Minnesota Statutes 429.061, and City Code 4.103, that the breakdown is as follows: ASSESSED PROJECT ESTIMATED PORTION ESTIMATED CITY PORTION TOTAL 2010 Street Rehabilitation Project 1002 $ 59,820. $236,100. $295,920. 2010 Street Rehabilitation Project 1002 General, Capital, State Aid and Utility Funds $280,485. - $280,485. Zone 4 Street Seal Coat, Project 0901 $ 45,890. $198,710. $244,600. RESOLUTION 2010 -89 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 Gregory A. Birr (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 5123 4` Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 30, 2010. 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 July 27, 2010 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 August 30, 2010 inspectors reinspected 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 September 16, 2010 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 (and all of the tree stump(s)) in the front yard to within 2-4 inches below ground level. 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 5123 4 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 5123 4 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 2010 -90 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 Scott C. Russell (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 5129 4 Street N.E. Columbia Heights, Minnesota. City Council Minutes Monday, September 27, 2010 Page 9of10 And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 30, 2010. 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 July 27, 2010 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 August 30, 2010 inspectors reinspected 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 September 16, 2010 inspectors re- inspected 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 (and all of the tree stump(s)) in the front yard to within 2 -4 inches below ground level. 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 5129 4 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 5129 4 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 2010 -91 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 Bart W. Mady (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4329 Main 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 9, 2010. 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 4, 2010 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 9, 2010 inspectors reinspected 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 September 15, 2010 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 holes in the stucco on the side of the 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 4329 Main 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 City Council Minutes Monday, September 27, 2010 Page 10 of 10 1. The property located at 4329 Main 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 2010 -93 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Marlene Allen (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 1827 41' Avenue N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on September 7, 2010 of an public hearing to be held on September 27, 2010. 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 20, 2010 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 7, 2010 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 a 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 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number FE- 1827 -10 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.