Loading...
HomeMy WebLinkAboutResolution 9434RESOLUTION NO.9434 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION REVOKING THE RENTAL LICENSES FOR 2075 HILLVIEW ROAD AND 2081 HILLVIEW ROAD WHEREAS, the City of Mounds View, Minnesota (the "City") administers rental dwelling licensing to protect the public health, safety and welfare of the community, including residents of rental dwellings, to ensure that rental housing is decent, safe and sanitary, and to ensure that such housing is operated and maintained as not to become a nuisance to the neighborhood or to become an influence that fosters blight and deterioration, or creates a disincentive to reinvestment in the community; and WHEREAS, the City issued a rental dwelling license pursuant to Mounds View City Code, Section 1012 (the "Rental Licensing Ordinance") for a multi -family building (a single building containing six rental units) located at 2075 Hillview Road ("2075 Hillview"); and WHEREAS, the City also issued a rental dwelling license pursuant to the Rental Licensing Ordinance for a second multi -family building (a single building containing six rental units) located at 2081 Hillview Road ("2081 Hillview"); and WHEREAS, the licenses issued for 2075 Hillview and 2081 Hillview (together, the "Rental Properties") are in the name of the owner of those properties, Thuy Thi Bui (the "Owner"); and WHEREAS, since January 2021, City staff has made numerous inspections and re - inspections at the Rental Properties pursuant to its rental licensing program requirements; and WHEREAS, following all of those inspections and re -inspections, a total of ten corrective notices, five for each of the two Rental Properties, were mailed to the Owner outlining numerous corrective actions to ensure that the Rental Properties are safe and meet City standards; and WHEREAS, Section 1012.05, subd. 2 of the Code provides that the City Council (the "Council") may revoke a rental license for "[f]ailure to correct deficiencies noted in a notice of violation within the time specified in the notice" and "[a]ny other violation of [the rental licensing] Chapter;" and WHEREAS, due to the Owner's failure to correct deficiencies noted in the numerous notices of violation within the times specified in the notices, the City provided notice and an opportunity to be heard to the Owner, conducted such a rental license revocation hearing on June 14, 2021, and considered whether to take any action on the licenses previously issued to the Owner for the Rental Properties; and MU210-287-727010.v2 Res 9434 Page 2 of 7 WHEREAS, following such revocation hearing, the Council hereby finds and determines as follows: a. The City issued to the Owner a rental dwelling license for 2075 Hillview Road that is set to expire on December 31, 2021; b. The City issued to the Owner a rental dwelling license for 2081 Hillview Road that is set to expire on December 31, 2021; c. On January 6, 2021, the City sent letters to the Owner regarding scheduled inspections at both 2075 Hillview Road and 2081 Hillview Road, per the Rental Licensing Ordinance; d. On January 25, 2021, the City sent a "no occupancy" posting to the Owner regarding 2081 Hillview Road, Garage #3, placarded the garage as unfit for human occupancy, and also sent a correction notice to the Owner regarding 2075 Hillview Road and identified corrective actions related to all six units and common areas; e. On January 26, 2021, the City sent a correction notice to the Owner regarding 2081 Hillview Road and identified corrective actions related to all six units and common areas; f. On January 29, 2021, the City sent a violation and trespass notice to the Owner regarding 2081 Hillview Road, Garage #3 regarding violations of the "no occupancy" posting and January 25, 2021 placard; g. On February 5, 2021, the City sent a correction notice to the Owner regarding 2081 Hillview Road, Garage #3, summarizing required work and continued no occupancy of said garage; h. On February 12, 2021, the City issued an administrative citation regarding the occupancy of 2081 Hillview Road, Garage #3; i. On March 1, 2021, following a re -inspection, the City sent updated correction notices to the Owner regarding both 2075 Hillview Road and 2081 Hillview Road, and identified corrective actions related to all units and common areas; J. On March 1, 2021, the City also sent a second notice to the Owner regarding the unpaid administrative citation related to 2081 Hillview Road, Garage #3; k. On April 15, 2021, following another re -inspection, the City sent updated correction notices to the Owner regarding both 2075 and 2081 Hillview Road and identified corrective actions related to multiple units and common areas; 1. On April 19, 2021, a police report was filed regarding a fire at 2075 Hillview Road, Unit #4; m. On April 20, 2021, the City sent a correction notice to the Owner indicating that 2075 2 MU210-287-727010.v2 Res 9434 Page 3 of 7 Hillview Road, Unit #4 was condemned due to damage sustained in a fire that unit was uninhabitable under the city code until corrections and repairs can be completed and identified corrective actions related to the installation of minimum standard electrical panels, wirings, switches and outlets, and repair or replacement of damaged flooring, walls, and ceilings; n. On April 22, 2021, the City sent a revised correction notice to the Owner regarding 2075 Hillview Road, Unit #4 and the fire damage and required corrective actions; o. On April 29, 2021, following another re -inspection, the City sent a correction notice to the Owner indicating that 2081 Hillview Road was inspected for compliance and identified corrective actions related to the following: i. The exterior of 2081 Hillview Road, including actions related to rubbish accumulation and abandoned, junk, or unsafe vehicles; ii. The garages of 2081 Hillview Road, including actions related to storage and installation of minimum standard electrical panels, wirings, switches and outlets; iii. The laundry room of 2081 Hillview Road, including actions related to the dryer vent repair or replacement, maintenance, and fire safety; iv. 2081 Hillview Road, Unit #3, including actions related to maintenance, installation of minimum standard electrical panels, wirings, switches and outlets, and fire safety; v. 2081 Hillview Road, Unit #4, including actions related to floors, walls, and ceilings, maintenance, and structural repairs or replacements of doors; vi. 2081 Hillview Road, Unit #6, including actions related to repair of plumbing facilities; p. On May 19, 2021, following another re -inspection, the City sent a correction notice to the Owner indicating that 2075 Hillview Road was inspected for compliance and identified corrective actions related to the following: i. The garages of 2075 Hillview Road, including actions related to fire safety; ii. The laundry room of 2075 Hillview Road, including actions related to the dryer vent repair or replacement; iii. 2075 Hillview Road, Unit #4, including actions related to structural repairs or replacements of doors, floors, walls, and ceilings, and electrical repairs; iv. 2075 Hillview Road, Unit #5, including actions related to maintenance; v. 2075 Hillview Road, Unit #6, including actions related to repair or replacement of floors, walls, and ceilings; vi. The exterior of 2075 Hillview Road, including actions related to rubbish accumulation and structural repairs or replacement related to missing or damaged siding; q. The April 29th and May 19th correction notices each notified the Owner of a follow-up inspection scheduled for June 10, 2021 at 3:15 P.M. and warned the Owner that failure to adequately address the required corrective actions would result in City staff s 3 MU210-287-727010.v2 Res 9434 Page 4 of 7 recommendation of the revocation of rental licenses for the Rental Properties; On June 2, 2021, the City sent another notice summarizing outstanding corrective actions and again made clear that the Owner's failure to adequately address the required corrective actions could result in revocation of the licenses; s. An inspection occurred on June 10, 2021 and the Rental Properties remained in non- compliance with the required corrective actions, including: 2075 Hillview Road: Garages: Housing - Fire Safety — (MSFC 304.1) Combustible Material. Combustible material creating a fire hazard shall not be allowed to accumulate in buildings or structures or upon premises. Garages 1, 2, and 3 have cluttered combustible storage. Remove all items not in use for the maintenance of the property. All items used in the maintenance of the property must be stored in an orderly fashion in a single garage unit. ii. Unit #4: This unit recently had a fire. The corrections below are in addition to the fire correction orders. Housing - Structural — Doors. Repair and/or replace damaged door(s). (IPMC: 305.3) Repair the front door frame at the strike plate, and replace all damaged trim on the interior side of door. Housing - Structural — Floors, walls, and ceilings. Repair and/or replace damaged flooring, walls and/or Ceilings. (IPMC: 305.3) Replace multiple damaged floor tiles at the front entry. Housing - Structural — Floors, walls, and ceilings. Repair and/or replace damaged flooring, walls and/or Ceilings. (IPMC: 305.3) The bathroom ceiling has cracks in the paint above the shower. Strip damaged areas and repaint. Housing - Electrical - Light Fixture. Repair missing and/or damaged light fixture(s). (IPMC: 605.1) The bedroom hallway light fixture flickers when other electrical items are in use. Have a licensed electrician inspect wiring and make any necessary repairs. Provide report to inspector upon re -inspection. iii. Unit #5: Housing — Maintenance — (IPMC 102.2) Maintenance. Equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. Upon re -inspection the egress windows in the living room were found to be screwed shut. Remove all screws and ensure windows function as intended. iv. Unit #6: Housing - Structural — Floors, walls, and ceilings. Repair and/or replace damaged flooring, walls and/or Ceilings. (IPMC: 305.3) West facing living room wall received damage from vehicle hitting the outside of the building in 2020. Upon inspection in 2020 a crack to the exterior wall was visible and a bid was received for repairs. According to the owner recommended repairs were not performed. The crack was sealed and the wall covered with sheetrock. Interior 4 MU210-287-727010.v2 Res 9434 Page 5 of 7 wall needs to be re -inspected, sheetrock will need to be removed at that time. A determination will be made by the Housing Inspector and the Mounds View Building Official if a structural assessment is warranted at that time. This work will co -inside with exterior wall repairs that need to be made. An updated list of corrections will be issued by the Building Official. V. Exterior: Housing — Exterior — (PMCMV: 91.003 SUBD. A. 8.). Rubbish Accumulation. Any accumulation of cans, bottles or trash or debris of any nature or description, and the throwing, dumping or depositing of any dead animals, manure, garbage, waste, decaying matter, ground, sand, stones, ashes, rubbish, cans, glass, food containers or other material of any kind on private property. Remove all junk materials from the property, including but not limited to household appliances, construction materials, garbage and brush. Housing - Structural - Siding Repair and/or replace missing or damaged Siding. (IPMC: 304.2). There is a large section of the west facing exterior wall that is cracked and pulling away from the building, allowing for moisture intrusion to the interior of the wall. Have a licensed contractor repair exterior wall. This work may require a permit. Contact the City of Mounds View to make necessary arrangements. An updated list of corrections will be issued by the Building Official. 2081 Hillview Road: vi. Exterior: Housing — Exterior — (PMCMV: 91.003 SUBD. A. 8.) Rubbish Accumulation. Any accumulation of cans, bottles or trash or debris of any nature or description, and the throwing, dumping or depositing of any dead animals, manure, garbage, waste, decaying matter, ground, sand, stones, ashes, rubbish, cans, glass, food containers or other material of any kind on private property. Behind the garages and near lower parking pad remove all junk materials including but not limited to, old bicycles, household appliances, garbage, and junked items. vii. Garages: Housing - Fire Safety — Storage. Storage of combustible rubbish shall not produce conditions that will create a nuisance or a hazard to the public health, safety or welfare. (MSFC 304.2) Garages 1, 2, and 3 have cluttered combustible storage. Remove all items not in use for the maintenance of the property. All items used in the maintenance of the property must be stored in an orderly fashion in a single garage unit. Housing - Electrical - Minimum Standard Electrical panels, wiring, switches and outlets must be installed to meet the minimum requirements of the State Electrical Code (IPMC: 605.1). Garages 1, 2, and 3 all have electrical that has been added, altered, or left unfinished. All previous work was not inspected by the State Electrical Inspector. Have a licensed electrician perform a safety check on all electrical components in these units. Make any repairs or corrections as necessary and have the State Electrical Inspector perform and approve a final inspection Mu210-287-727010.v2 Res 9434 Page 6 of 7 viii. Unit #3: Housing — Maintenance — (IPMC 102.2) Maintenance. Equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. The wall a/c unit is not properly fit to the opening. It is held in place by flammable foam pieces. Repair or replace as necessary to ensure proper fitment and finishing materials. Housing - Electrical - Minimum Standard Electrical panels, wiring, switches and outlets must be installed to meet the minimum requirements of the State Electrical Code (IPMC: 605.1). The wall a/c unit is wired directly into the wall outlet. Have a licensed electrician return outlet to intended use and function. Replace damaged a/c unit. Housing — Fire Safety — Smoke Alarms. Replacement of smoke alarms. Single- and multiple station smoke alarms shall be replaced when: They exceed 10 years from the date of manufacture. Smoke alarms shall be replaced with smoke alarms having the same type of power supply. (MSFC Sec 1103.8.1). Replace smoke alarm in the north bedroom due to age. ix. Unit #4: Housing — Maintenance — (IPMC 102.2) Maintenance. Equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. Replace the missing bathroom fan vent cover. Housing - Structural — Doors. Repair and/or replace damaged door(s). (IPMC: 305.3). The front door is missing some latching mechanicals. Ensure door has all proper latching mechanicals and operates as intended. t. The owner has been provided adequate notice of the revocation hearing held by the City Council on June 14, 2021 regarding the recommended revocation of the rental licenses for failure to adequately address the required corrective actions listed in the notices and numerous other issues related to the Rental Properties; u. The Owner did not appear at the June 14, 2021 public hearing and did not address the City's concerns; v. The Owner did not submit anything in writing to the City for the hearing; w. Adverse action regarding the licenses is appropriate as the Owner has violated the Rental Licensing Ordinance on numerous occasions by failing to address numerous corrective actions within the time specified in said notices; x. When considering such a decision, Section 1012.03 of the Rental Licensing Ordinance requires the Council to "give due regard to the frequency and seriousness of violations, the ease with which such violations could have been remedied or avoided, and good faith efforts to comply;" y. Given the frequency and seriousness of violations, the ease with which such violations could have been remedied or avoided, and the lack of the Owner's good faith efforts to comply with correction notices, the Council determines it is appropriate to exercise its 6 MU210-287-727010.v2 Res 9434 Page 7 of 7 authority under Section 1012 of the Code to revoke the rental licenses for both 2075 Hillview Road and 2081 Hillview Road. Additionally, the Council is cognizant of the fact that one of the licensed units recently had a fire and, therefore, the Council is significantly concerned for the safety and health of the residents of the Rental Properties. The decision to revoke is not taken lightly, and for the reasons outlined above, such a decision is more than justified under these circumstances. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mounds View, as follows: Effective immediately, the rental dwelling license issued for the property located at 2075 Hillview Road (#2021-00202) , which was set to expire on December 31, 2021, is hereby REVOKED. The revocation for said license applies to all parts and units of 2075 Hillview Road. 2. Effective immediately, the rental dwelling license issued for the property located at 2081 Hillview Road (#2021-00203), which was set to expire on December 31, 2021, is hereby REVOKED. The revocation for said license applies to all parts and units of 2081 Hillview Road. 3. The Owner shall not be entitled to obtain new rental dwelling licenses for the subject properties unless and until all required corrective actions are duly made in accordance with the requests of City staff, and as otherwise required by the Rental Licensing Ordinance. 4. The City Council directs City staff and the City Attorney to take all actions to enforce this resolution and its results, including, but not necessarily limited to, City Code, Section 1012.03, subd. 1, which states; "no person shall allow to be occupied or let to another for occupancy any rental dwelling unit unless the owner has first obtained a rental dwelling license." Without a rental dwelling license, none of the dwelling units may be occupied. City staff and the City Attorney shall remain aware of any state orders that might prevent or limit the enforcement of this order and to the extent deemed advisable by the City Attorney. 5. The City Council will not issue a Rental License to Thuy Thi Bui, for any property in Mounds View. Dated: June 14, 2021. Carol A. Mucker, Mayor .ATTI ST: Nyle Zikm , City inistrator 7 MU210-287-727010.v2 RESOLUTION 9439 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA ACCEPTING IMPROVEMENTS AND APPROVING FINAL PAYMENT FOR HVAC UPGRADES AND REPLACEMENTS AT THE COMMUNITY CENTER, CITY HALL AND PUBLIC WORKS FACILITIES WHEREAS, Public Works Department is responsible for the building maintenance at all City facilities, this includes the heating ventilation and air conditioning (HVAC) of the buildings; and WHEREAS, In 2020 COVID-19 spread across the world and research has indicated that a potential spread of the virus is through a building ventilation system; and WHEREAS, The Center of Disease and Control has recommended looking at ways to control or reduce this potential spread; and WHEREAS, Staff began looking into options to upgrade the HVAC systems in the all City facilities; and WHEREAS, Staff received a quote from Trane Building Services to replace 5 RTUs at City Hall, install 1 unit with the Genesis Air purifier. Install the Genesis Air purifier to the three RTUs at the Public Works Facility. Replace 1 RTU unit at the Community Center and install the Genesis Purifier on 6 of the other RTUs for a total cost of $396,084.00; and WHEREAS, Funding for the upgrades and replacements would come from the CARES ACT funds. WHEREAS, Trane Building Services has completed all project site work in a satisfactory manner in accordance with the contract documents, they have submitted all IC-134 forms and other required project closeout documents; and WHEREAS, Staff recommends that the City Council accept the HVAC upgrades and replacements at the Community Center, City Hall and Public Works Facilities and release final payment of $180,371.86. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. All work completed under the contract between the City and Trance Building Services for HVAC upgrades and replacements at the Community Center, City Hall and Public Works Facilities. 2. The Finance Director is authorized to issue final payment of $180,371.86 to Trane Building Services. Adopted this 28"d day of June, 2021 Carol A. Mueller, Mayor ATTEST: Nyle Amund, City Administrator(SEAL) RESOLUTION 9438 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A CONTRACT WITH RAINBOW TREECARE FOR THE (EAB), EMERALD ASH BORER INJECTION PROGRAM WHEREAS, the City Council approved going out to bid for the Ash Tree injection program at the May 7, 2018 City Council meeting; and, WHEREAS, the City Council awarded a contract to Rainbow Treecare at the August 28, 2018 Council Meeting, Resolution 9008; WHEREAS, Since the start of the program in 2018 170 private ash trees have been injected and 18 City trees have been injected and Council understands the importance of this program; and WHEREAS, Rainbow Treecare provided an updated proposal with no cost increase to the Ash tree Injections and Rainbow will continue to provide the following services: • Dedicated full-time municipal consulting and GIS staff • Design, printing, and mailing of co -branded flyers to residents • National experience in the impacts and management of EAB in the community. WHEREAS, Staff recommends the Council Approve awarding a new contract to Rainbow Treecare for the Emerald Ash Bore Injection Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. That a contract be awarded to Rainbow Treecare for a Ash Tree Injection Program for City owned Trees at a cost of $3.75 DBH per tree. 2. That the same contract provides a cost for Private Ash Trees injections at a cost of $5.75 DBH. 3. Rainbow Treecare will provide the following additional services: • Dedicated full-time municipal consulting and GIS staff • Design, printing, and mailing of co -branded flyers to residents • National experience in the impacts and management of EAB in the community. Resolution 9438 Continued 4. The Mayor and City Administrator are hereby authorized and directed to enter into a contract with Rainbow Treecare to perform Ash tree injections for designated City owned trees and provide the same service to residents for private ash trees in the City of Mounds View. Said contracts shall expire on December 31, 2024. 5. The Mayor and City Administrator, Staff and consultants are hereby authorized and directed to take all additional steps and actions necessary or convenient in order to accomplish the intent of this resolution. Adopted this 28th day of June, 2021 ATTEST: Carol A Mueller, yor Nyl Zikmund, dity Administrator (SEAL) RESOLUTION 9437 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING LEASE AMENDMENTS TO THE WATER TOWER SITE LEASE AGREEMENT FOR T-MOBILE AND SPRINT WHEREAS, both T- Mobile and Sprint have Lease Agreements for cellular antennas and equipment on the water tower and ground location at the booster station; and WHEREAS, in 2015 the lease with T-Mobile was renewed, one of the terms in the new agreement was to relocate the existing equipment inside the base of the tower to exterior of the tower with this work to be completed by June 30, 2017; and WHEREAS, the Public Works Department has been working with T-Mobile since 2017 to have the equipment relocated to the exterior of the water tower; and WHEREAS, on December 23, 2020 the City, with the assistance of the City Attorney, T- Mobile was notified that the City would be terminating the lease due to a lack of effort to relocate the equipment; and WHEREAS, the Council was informed of the situation and instructed Staff to see if this issue could be resolved. Staff has been working with T-Mobile on updating the Lease Agreement, and reviewing the plans for relocation the equipment; and WHEREAS, the lease agreements for T-Mobile and Sprint needed to be updated and they have been have been reviewed by the City Attorney, and are ready for Council Approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. Approves the Amendment to the Site Lease Agreements for T-Mobile and Sprint as reviewed by the City Attorney. 2. The Mayor and City Administrator are hereby authorized and directed to execute all appropriate documents to effectuate the actions contemplated by this resolution. 3. The Mayor and City Administrator, Staff and consultants are hereby authorized and directed to take any and all additional steps and actions necessary or convenient in order to accomplish the intent of this Resolution. Resolution 9437 Continued Adopted this 28 th day of June, 2021 --Aw 401awz� Carol A. Mueller, Mdyor ATTEST: t4 / Nyle/ikmurA,—City '-�Administrator (Seal) A Th RESOLUTION NO. 21-EDA-344 MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY COUNTY OF RAMSEY STATE OF MINNESOTA SUPPORTING USE OF FINANCIAL ASSISTANCE FOR A RENTAL HOUSING DEVELOPMENT PROJECT WHEREAS, the Mounds View Economic Development Authority (the "EDA) has received a request to provide financial assistance to Skyline Apartments, Limited Partnership, a Minnesota limited partnership (or another entity to be formed by or affiliated with MWF Properties, LLC, the "Developer") for an approximately 112-unit affordable, senior rental housing apartment building to be located at 4889 Old Highway 8, Mounds View, Minnesota; and WHEREAS, in connection with its application to Minnesota Housing for tax credits, the Developer has requested that the EDA indicate its support of the use of financial assistance for the project. NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the Mounds View Economic Development Authority (the "Board") as follows: The EDA supports the use of financial assistance in an amount not to exceed $1,900,000; provided, however, that authorization and form of financing for the project is solely within the discretion of the EDA after satisfaction of all conditions required pursuant to the Economic Development Authorities Act, Minnesota Statutes, Sections 469.090 to 469.1080 (the "EDA Act"), and is authorized pursuant to Minnesota Statutes §469.174 to §469.1794 (the "TIF Act'), including without limitation, (i) determining that financial assistance is necessary for the project; (ii) verification of development financing need that substantiates that "but for" the use of tax increment financing the project would be unable to proceed; and (iii) a public hearing. Adopted this 14th Day of June 2021. 4 001 /� Carol A. Mueller, DA President (ATTEST) 44 i,<,/// Nyle * mund,'Executive Director (SEAL)