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HomeMy WebLinkAbout01/28/2013 Regular OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, January 28, 2013 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, January 28, 2013 in the City Council Chambers, City Hall, 590 401h Avenue N.E., Columbia Heights, Minnesota. 1. CALL TO ORDER/ROLL CALL/INVOCATION Mayor Peterson called the meeting to order at 7:06 PM. Present: Councilmember Schmitt, Councilmember Williams, Councilmember Diehm, Councilmember Nawrocki, and Mayor Peterson. Pastor Bill Hugo, St. Matthew Lutheran Church, gave the invocation. 2. PLEDGE OF ALLEGIANCE - recited 3. ADDITIONS/DELETIONS TO MEETING AGENDA A. Mayor Peterson removed Resolution 2013-05, 4056-58 5th Street N.E., Resolution 2013-06, 1000 Peters Place N.E, and Resolution 2013-10, 5011 University Avenue N.E., as they have been brought into compliance. B. Mayor Peterson added a Presentation by Jeff Bahe under Proclamations, Presentations, Recognitions, Announcements and Guests. Nawrocki would like the City Manager to go over the proposal for office building on 401h Avenue and would like to add the appointment to the Park and Recreation Commission. He also informed Kevin Hansen that the snow plows chewed up the boulevard along 1225 and 1270 Polk Place and asked that it be put on the list for re-sodding in the spring. 4. PROCLAMATIONS, PRESENTATIONS,RECOGNITION, ANNOUNCEMENTS, GUESTS A. Citizen's Award of Commendation—Mr. Timothy Wiles Chief Nadeau read the Citizen's Award of Commendation that will be awarded to Mr. Timothy Wiles. This is rewarded to citizen's that have gone above and beyond. On December 11, 2012, Mr. Wiles observed suspicious activity involving a male dressed in dark clothing riding a bicycle and notified police. The detailed information provided by Mr. Wiles led to the arrest of a suspect in a string of catalytic converter thefts. There had been a number of thefts in the area and in Minneapolis and this helped solve a lot of those crimes. The Police Department will personally deliver the award to Mr. Wiles. Mayor Peterson also thanked Mr. Wiles for getting involved and calling the police and making them aware of this suspicious activity. Nadeau encouraged all citizens to call 911 if they notice something suspicious so they are able to check out the situation. Williams complemented the police department on their quick response and stated what a great job that was done. B. Winter Programming corning to the Library in January and February-Mai Kao and Elaine Mamaril. City Council Minutes Monday,January 28,2013 Page 2 of 12 Adult Services Librarian, Elaine Mamaril, informed the council and public about the "Winter Jackets"reading program offered to adults 17 years of age and older. She encouraged them to come in to the library and read and share their experiences. On February 13, 2013, Author, Koa Kalia Yang, will be visiting the library at 10:00 AM. She was the recipient of the 2009 Minnesota Readers Award. Mai Koa brought along an "I �Books"bag and encouraged people to come to the library. Kao introduced the "Book Warms"book program that is going on at the Library for children and teens. This is the only one currently being offered in the metro area. With each visit children and teens receive prizes. This program goes on until February 28th Mayor Peterson thanked them for brining information to the city. C. Jeff Bahe of Jeff, Bobby and Steve's presented Mayor Peterson with a check for the Columbia Heights Activity Fund-Heritage Tower in the amount of$1,000.00 as a Gold Sponsor. Mayor Peterson stated we are up to about $2,000. Babe suggested doing up some advertisement on the bricks and would be willing to advertise it in the store and would be willing to sell some bricks. Peterson thanked Babe for getting on board and indicated we really appreciate them helping us out. 5. CONSENT AGENDA Nawrocki pulled items F and I from the consent agenda for further discussion. Motion by Nawrocki, seconded by Diehm, to approve the consent agenda with the exceptions of items F and I. Upon Vote: All ayes. Motion carried. Fehst took the council through the remaining items on the consent agenda. Fehst encouraged residents to come to the Board and Appeals meeting April 22, 2013 at 6:00 PM in the Council Chambers. A. Approve the minutes of the January 14, 2013 Council Meeting MOTION: Move to approve the minutes of the January 14, 2013 Council Meeting. B. Establish Date for Annual Local Board of Appeal and Equalization MOTION: Move to establish the Local Board of Appeal and Equalization meeting date for Monday, April 22, 2013, at 6:00 PM in the City Council Chambers. C. Accept Board and Commission Meeting Minutes MOTION: Move to accept December 5, 2012 minutes of the Library Board. D. Approve Gambling Permits, Immaculate Conception Church: Bingo and Raffle Event on March 17, 2013 and Fun Fest on August 2-4, 2013 MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo and raffles at their event being held March 17, 2013 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. City Council Minutes Monday,January 28,2013 Page 3 of 12 MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo, raffles and pull-tabs at their Fun Fest event being held August 2-4,. 2013 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. E. Approve Transfer of Funds for Toward Zero Death grant reimbursement from General Fund to Police Dept. Overtime Line Item #1020 MOTION: Move to transfer the $4,054.42 received as reimbursement for overtime expended on the Toward Zero Death initiative from the General Fund to the Police Department Budget, Overtime Line Item 1020. F. Authorization to Purchase Police Vehicles - Removed G. Approve Final Compensating Change Order and Final Payment for Miscellaneous Concrete Projects#1000 and #1100 MOTION: Move to approve final compensating change orders and accept the work for 2010 and 2011 Miscellaneous Concrete Repairs and Installations, City Projects#1000 and#1100, and authorize final payments of$795.56 and $2,954.71 respectively to Ron Kassa Construction, Inc. of Elko, Minnesota. H. Authorization to Seek Bids for the 2013 Miscellaneous Concrete Replacement and Installation Project MOTION: Move to authorize staff to seek bids for the 2013 Miscellaneous Concrete Replacement and Installation Project. I. Adopt Resolution 2013-011 Approving Joint Powers Agreement (JPA) for Geographic Information System Services—Removed J. Authorize Final Payment for Sanitary Sewer Lining Project 1104 MOTION: Move to accept the work for Sanitary Sewer Lining, City Project No. 1104, and to authorize final payment of$14,511.58 to Insituform Technologies USA, Inc. of St Louis, Missouri. K. Authorization to Seek Bids for 2013-2014 Dutch Elm Oak Wilt Emerald Ash Borer Diseased Tree and Hazardous Tree Removal Pro gram MOTION: Move to authorize staff to seek bids for the 2013-2014 Dutch Elm, Oak Wilt, Emerald Ash Borer Diseased Tree and Hazardous Tree Removal Program. L. Public Works Blanket Orders for 2013 Purchases MOTION: Move for approval to authorize staff to process blanket purchase orders in an amount not to exceed the 2013 budget amounts for: • De-icing salt for salt/sanding operations purchased off the State of Minnesota Purchasing Contract. • Fuel (unleaded and diesel) for City vehicles from the State of Minnesota Purchasing Contract and the Anoka County Cooperative Agreement. City Council Minutes Monday,January 28,2013 Page 4 of 12 • Bituminous asphalt for patching/paving City streets and alleys from Commercial Asphalt, or City of St. Paul, or T.A. Schifsky & Son's. • Curb stop and service repairs, for delinquent accounts and foreclosed properties. M. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for January 28, 2013 as presented. N. Reissue rental license to Federal National Mortgage Association for rental property located at 1301-03 Circle Terrace Boulevard MOTION: Move to issue a rental-housing license to Federal National Mortgage Association to operate the rental property located at 1301-03 Circle Terrace Boulevard in that the provisions of the Property Maintenance Code have been complied with. O. Approve the items listed for rental housing license applications for January 28 2013 in that they have met the requirements of the Property Maintenance Code MOTION: Move to approve the items listed for rental housing license applications for January 28, 2013 in that they have met the requirements of the Property Maintenance Code. P. Review Payment of Bills MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 146598 through 146747 in the amount of$1,812,243.22. Discussion on items removed: Nawrocki stated on the review of the payments of the bills, he noted that there was a payment for meals for the upcoming Local Government Officials meeting and questioned if we changed our policy on paying for meals. Fehst stated we put it in the budget for legitimate meetings, like League of MN Cities, the Local Government Meeting and other qualifying meetings and it is paid out of the contingency fund. It was talked about at a work session. Nawrocki does not feel we have put this in the budget. Item F: (removed from consent agenda). Discussion on Authorization to Purchase Police Vehicles. Nawrocki was concerned with the number of unmarked cars parked here at City Hall. Nadeau stated they would not have been squad cars if they were not marked. They maybe repurposed cars that the city is using for Recreation or other departments. Nadeau explained to the council the cost to strip out old cars and build up new cars it is approximately $4,800.00. The Crown Victoria was our stable vehicle and they quit making this car. We have to buy new cages, equipment, siren boxes that are made for the new vehicles. Ruggedized computers are more expensive, these are needed and we use them for a minimum of four years. Nawrocki was concerned with the expense of new cars and if they are needed. Nadeau can understand this, but they have heavy use. Most communities are keeping cars on average of no more than four years. Nawrocki asked how many cars the police department currently has. Nadeau indicated there are eight cars total. Williams commended the police City Council Minutes Monday,January 28,2013 Page 5 of 12 department on how fast they are able to check to see if a vehicle is stolen or not and stated having the proper equipment is important. Schmitt was impressed that the chief had the exact amount allocated for this purchase in his budget. Nadeau commented that Ford had not increased their prices over the last year. Peterson stated he was concerned with the size of the vehicles and the size of the officers. He asked if maybe two utility vehicles would be a better purchase than one utility vehicle and one sedan. Nadeau stated they have an issue of some larger officers and if there is more than one officer in the car, which is where they start to see a lack of room in the new vehicles. This is the first pursuit rated vehicle. The utility vehicle costs about $1,900.00 more and gets one mile less per gallon than the sedan. The department will purchase one utility vehicle first to see how the like it and maybe in the upcoming years purchase another one opposed to another sedan. Nawrocki stated he would like to have the mileage that is currently on each of the eight cars. Nadeau indicated he would get this information for him. Motion by Williams. seconded by Schmitt move to authorize the purchase of two 3013 Ford Police Interceptor vehicles, one utility vehicle and one sedan, under the State of Minnesota bid, with funding to come from 431.42100.5150, in the amount of$51,093.00 and that the Mayor and City Manager are authorized to enter into a contract for same. These vehicles will be used as marked patrol cars. Motion by Williams, seconded by Schmitt move to authorize the Police Chief to expend up to $31,376.00 to set up and outfit two marked patrol cars. Upon Vote: All ayes. Motion carried. Item I; (removed from consent agenda) Discussion on Public Works Blanket Orders for 2013 Purchases Nawrocki asked if Hansen could explain what a GIS system is. Is this equipment or a service that we are buying? Hansen stated GIS is a computer based system that is parcel based of the lots in the city and is sued for different types of mapping throughout the city. Hansen stated the system is a computer based system based on lots and parcels. We can create mapping for utilities like sanitary sewer and water mains. The system is used for zoning and locating property lines and is an electronic data base to store our records in our utility system. Other departments within the city also use this program. The city owns its own equipment and the county supports the system. This item is a renewal of a contract that has been in place since 1996 and is a joint powers agreement between three cities, Columbia Heights, Fridley and Andover. Nawrocki asked how much does this cost per year. Hansen indicated the city spends approximately $15,000 a year. Williams asked if the City of Minneapolis had a GIS system. Hansen stated yes they did and this was one way they were able to track down where that major water break was located within the system. Motion by Nawrocki, seconded by Williams, to waive the reading of Resolution 2013-11, there being ample copies available to the public. Motion by Nawrocki, seconded by Williams, move to_Adopt Resolution 2013-011 Approving the Joint Powers Agreement (JPA) for Geographic Information System Services. City Council Minutes Monday,January 28,2013 Page 6 of 12 Upon Vote: All ayes. Motion carried. 6. PUBLIC HEARINGS C. Adopt Resolution 2013-08, 230 44th Avenue being a Resolution 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 Chief Gorman informed the council that the property located at 230 44th Avenue did not schedule an inspection with the building department. This is a new rental property and they have not obtained the proper licensing from the city. Mayor Peterson asked if there was anyone here representing this property. There being none. Motion by Diehm, seconded by Williams, move to close the public hearing and to waive the reading of Resolution Number 2013-08, being ample copies available to the public. Motion by Diehm, seconded by Williams, move to adopt Resolution Number 2013-08 being a Resolution 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 license listed. D. Adopt Resolutions 2013-09, 3843 Hayes Street N.E.,being declarations of nuisance and abatement of violations within the City of Columbia Heights_ Chief Gorman informed the council that this property is a duplex that is abandoned and vacant. There are holes in structure, is in need of repairs to the roof, has dead stumps in yard and various other items that need to be addressed. There has been problems with this property on and off through the years. Mayor Peterson asked if there was anyone here representing this property. There being none. Motion by Williams, seconded by Schmitt, move to close the public hearing and to waive the reading of Resolution Number 2013-09, there being ample copies available to the public. Motion by Williams, seconded by Schmitt, move to adopt Resolution Number 2013-09,being resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon Vote: All ayes. Motion carried. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions Adopt Resolution 2013-012 Approving Amendment No. 1 to Water Agreement with the City 0 Minneapolis Hansen stated we have a contract with the city of Minneapolis to provide us with drinking water. This contract was last updated in 2004 and is considered a long term 30 year contract. In the contract it states the City of Columbia Heights will maintain our water system and the City of City Council Minutes Monday,January 28,2013 Page 7 of 12 Minneapolis will maintain theirs. The primary meter the city has been maintaining since 2004. The city of Minneapolis approached the city to see if the city was interested in turning that meter over to the City of Minneapolis for maintenance and ongoing annual testing. It was replaced in 2006 to a new style meter. Staff cannot see a down side to it. We do look at it daily to monitor water flows to detect breaks. Minneapolis is offering this to all of their wholesale companies, being all other cities. It would save the city about $2800 every two years in testing and calibrating the meter along with the price of a new meter, which is approximately$30,000. Staff is recommending approval of the amendment. Schmitt questioned the information indicated the cost of the testing would be paid by the City of Columbia Heights and then in the draft it stated it would be paid by the City of Minneapolis. Which is correct? Hansen stated it would be paid by the City of Minneapolis. Motion by Nawrocki, seconded by Williams, move to waive the reading of Resolution 2013- 012, there being ample copies available to the public. Motion by Nawrocki, seconded by Williams, move to adopt Resolution 2013-012 being a resolution approving Amendment Number 1 to the Water Agreement between the cities of Minneapolis and Columbia Heights and authorizing the Mayor and City Manager to execute amended agreement. Upon Vote: All ayes. Motion carries. Mayor Peterson called for a motion to appoint Sean Patrick Clerkin to the Park and Recreation Commission. Motion by Nawrocki, seconded by Williams, move to appoint Sean Patrick Clerkin to the Park and Recreation Commission. Upon Vote: All ayes. Motion carried. B. Bid Considerations - none C. New Business and Reports Nawrocki stated he did receive a report from the Finance Director, but he still has questions for him and he will follow up with him as he is not ready to approve it. 8. ADMINISTRATIVE REPORTS Report of the City Manager— Fehst informed the public that we had a meeting on January 24, 2013 with the Library Board, Library Task force, Library Foundation, City Council,members of the public, Architects and the Contractor that worked on the proposal of market rate senior housing, a library and City Hall space. The developer, Frank Dunbar approached us, along with Jim Winkle from Amcon, at the turn of the year, with a redevelopment plan of the office building located on 40'1' and Central. Dunbar stated the office building was currently 70% vacant and they understood the City was looking at the possibility of building or relocating a library and City Hall. The Council assigned the task force the job of looking into the needs for a library and what they would recommend. The Northeast building would City Council Minutes Monday,January 28,2013 Page 8 of 12 include 20,OOOs.f library and 8,000-4,000s.f. for the City Hall. We currently have approximately 33,000s.f. of office space in this building and we are maintaining all of the building, yet we are not utilizing all of the space. The 2nd floor of the Northeast building would be amenities for the senior housing and the 3'd -6th floors would be sixty units of senior housing. They would range in cost from $600 - $1,300 per month. There would be some alterations to the parking deck to bring it into connection with the building. We do not have any numbers yet and we do not know what the owner of the building will be asking for the building. If the city could find a way to keep the cost down for the public, we may want to consider this as a renewal for our down town project. It would be 20 year bond on the library and 30 year for senior housing. This building would be a market rate building, with seniors 55 and older and would not be subsidized. It would be run by an outside company. That will free up this building and this site for development, the library building and the area behind the Crestview property. We have had several developers come to us wanting to build zero set back homes. This is before the council and we will be asking the council to meet in executive session to discuss moving or not moving forward on the e property. There was a lot of interest that night at the meeting. Believes everyone should have a say in the project. The Library task force is meeting tonight. Nawrocki has some serious concerns that we are paying about a million dollars in debt service now on the public safety building and the liquor stores. This project would more than double that debt service. Does not feel we need a new city hall and is open on the library. Does not feel the city should be in the rental business. Mayor Peterson said this is just the beginning stages and we should move ahead to see if we can or cannot afford it. Williams was concerned with putting a new facility in an old building. We have land we could build on. Fehst stated we would have to see what we would get out of the building in taxes. Diehm stated the task force does have several areas that they are looking at and to look at this one also and come back to the city with their findings. Nawrocki thought the committee should be looking at costs, operating, debt service and impact to property owners. We need to take it a step at a time and we need to take a look at it. Fehst asked that we keep an open mind and stated this provides us with an opportunity to redevelop in an area that would be in a great location. Fehst reminded the council of the Local Officials Meeting at Murzyn Hall on Wednesday, January 30th, with a social hour beginning at 5:00 PM. and the meeting starting at 6:00 PM. We have a dozen or more boards that show our redevelopment in the city. We will also be talking about the award we just won from the National Chief's Association. Crime has gone down dramatically and we are not the highest crime rate and more. Williams stated the biggest reason we are on a decline is because of Chief Nadeau and what he is doing. Nadeau wanted to stress that it is the community working together that has made the difference and it has been a great experience. Without the support from the community we would not be where we are today. Nawrocki asked what the distribution of the Focus newspaper was. He would like some follow-up and wants to know how many residents are getting the paper. Nawrocki stated he also asked for some information on how the City of Fridley handles paying or not paying for attendance at meetings for their employees and council. Fehst stated he believes they handle it the same way we do, but will check with them. Fehst stated next Monday night we will start with an interview with Keith Roberts for the Planning and Zoning Commission at 6:30, an EDA meeting at 6:45 PM and then an Executive Session to discuss possible purchase of the Northeast property and building and allow the city to consider doing a use study for senior housing, then we will go into the work session to discuss the two items from City Council Minutes Monday,January 28,2013 Page 9 of 12 Public Works. Williams stated we should first try and see what the owner of the Northeast property is looking at getting for the sale of the property. Fehst stated he is probably looking to get what he has the mortgage on which is $4-5 million. William stated this is not a good time at looking at purchasing buildings. Fehst stated we are looking at it from a community development stand point. Nawrocki stated the assessed valuation of that building is currently $4.5 million. Schmitt stated she looked on line and the sale price was $5.5 million. Peterson stated we need to get some facts and figures and will look at it at the Executive Session. Report of the City Attorney—none at this time 9. CITIZENS FORUM Mayor Peterson stated we had a press conference to unveil the Heritage Tower and on February 22nd there will be a fish fry fund raiser at Murzyn Hall with music, a silent auction, and other entertainment from 5:30-8:30 PM. Tickets are $10 for adults and $6 for children under 12 years. You can also donate to the Heritage Tower Fund by visiting www.razoo.com/story/heritage-tower. Mayor Peterson asked that we do not take ourselves too seriously and keep our service men and women in our prayers. 10. ADJOURNMENT Meeting adjourned at 8:35 PM. Tori nh rdt, City Clerk/Council Secretary RESOLUTION 2013-011 RESOLUTION APPROVING JOINT POWERS AGREEMENT FOR GEOGRAPHIC INFORMATION SYSTEM (GIS) SERVICES WHEREAS, the cities of Andover, Fridley and Columbia Heights wish to provide GIS Services in an efficient and cost-effective manner; and WHEREAS, the Agreement provides for the cities to jointly and cooperatively contract for GIS Services; and WHEREAS, the City Council has determined that approving the Agreement is reasonable, prudent, and in the best interest of the public; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota as follows: The Joint Powers Agreement is approved and the Mayor and City Manager are authorized and directed to City Council Minutes Monday,January 28,2013 Page 10 of 12 execute the Agreement. Passed this 28t1i day of January, 2013. RESOLUTION 2013-08 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 Jose Pinguil (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 230 44th 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 December 31, 2012 of an public hearing to be held on January 28, 2013. 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 November 14, 2012 inspection office staff sent a letter requesting the owner of the property complete the rental licensing process by scheduling an inspection with the Building Official. On November 21, 2012 the Building Official performed an inspection on the property. The property failed that inspection and as of this date no reinspection has been scheduled. A letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on December 31, 2012 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: a. Failure to schedule an rental license reinspection with the Building Official 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 F12289 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 City Council Minutes Monday,January 28,2013 Page 11 of 12 of this Order revoking the license as held by License Holder. Passed this 28th day of January, 2013 RESOLUTION 2013-09 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 Wells Fargo Bank NA (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 3843-43-1/2 Hayes Street NE, Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article I1, 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 November 29, 2012. 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 October 24, 2012 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 November 29, 2012 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 January 16, 2013 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: A. Shall repair all rodent holes in the structure B. Shall repair/replace roof C. Shall repair all siding D. Shall remove all scrub growth on the property E. Shall remove the dead tree (and all of the tree stump(s)) on the property 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 3843-43-1/2 Hayes Street 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 City Council Minutes Monday,January 28,2013 Page 12 of 12 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 3843-43-1/2 Hayes Street 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. Passed this 28t"day of January, 2013 RESOLUTION 2013-012 RESOLUTION APPROVING AMENDMENT NUMBER 1 OF WATER AGREEMENT BETWEEN THE CITIES OF MINNEAPOLIS AND COLUMBIA HEIGHTS WHEREAS, the City of Minneapolis operates a municipal water system known as the Minneapolis Public Works—Division of Water Treatment and Distribution Services; and WHEREAS, on June 1, 2004 the City of Minneapolis and the City of Columbia Heights entered into an Agreement entitled "Minneapolis—City of Columbia Heights Water Agreement" for the City of Minneapolis to supply water to the City of Columbia Heights; and WHEREAS, the City of Minneapolis and the City of Columbia Heights deem it appropriate to make amendments to Section 4 and Section 9 of that agreement defining Master Meter Maintenance; and WHEREAS, the City Council has determined that approving the Amended Agreement is reasonable, prudent, and in the best interest of the public; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota as follows: Amendment Number 1 to the Water Agreement is approved and the Mayor and City Manager are authorized and directed to execute the Amended Agreement. Passed this 28t" day of January, 2013