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HomeMy WebLinkAbout11/28/11 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING The following are the minutes for the regular meeting of the City Council held at 7:00 pm on Monday, November 28, 2011 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL /INVOCATION Chaplain Bob Lyndes, Crest View Senior Communities, gave the Invocation. Present: Mayor Peterson, Council member Williams, Council member, Nawrocki, Council member Diehm, Council member Schmitt PLEDGE OF ALLEGIANCE - recited ADDITIONS /DELETIONS TO MEETING AGENDA Peterson removed resolutions 2011 -137, 138, 139, 140, 142, and 148 in that the properties have been brought into compliance. Nawrocki requested to talk about the budget, and to discuss items under presentations and reports. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Presentation - Marlaine Szurek: Library Foundation Fundraiser Szurek presented an update of the Library Foundation fundraising, indicating that resolutions were signed to request the formation of a task force to explore the construction of a joint Library /City Hall on land north of the Public Safety Building on 42 Avenue. Becky Loader, Library Director, has met with a local architect, on a voluntary basis, to discuss ideas and statistical information, which could result in a conceptual plan. The architect has agreed to do this without charge. The Foundation is looking for grant money. Most require matching funds. The Foundation has raised $70,000. Szurek listed fundraising events they hold throughout the year. There have been generous citizens and groups that have also donated to the fund. The next fundraiser will be December 4 at the Heights Theater with a showing of "Miracle on 34 Street ". B. Presentation - Renee Dougherty: At Home Service for homebound residents and Project Bookshelf Dougherty reminded everyone of the Library's service called At Home Service that delivers a basket of material to those that cannot come to the Library. She also spoke of Project Bookshelf, which collects books for children and teens for the holidays. Miscellaneous Nawrocki stated disappointed that the Library has sought the services of an architect. Even though they offer their services initially there is always a charge for the actual project. Competitive bids should be taken. Nawrocki presented a check for $15.94, of which $15.87 isfor the holiday lunch and $.07 is the remaining amount from the work session sandwich. Peterson indicated that amount was $.22. Nawrocki stated that at the last meeting the City Manager interrupted him. The Mayor has asked that members not be interrupted. CONSENT AGENDA City Council Minutes Monday, November 28, 2011 Page 2 of 10 City Manager Walt Fehst took the Council members through the Consent Agenda items. Nawrocki removed items C and D for discussion. A. Approve City Council meeting minutes Motion to approve the minutes of the November 14, 2011 City Council meeting. B. Adopt Resolution 2011-133, being a Resolution canceling the Monday, December 26, 2011 City of Columbia Heights regular City Council meeting. Motion to waive the reading of Resolution No. 2011 -133, there being ample copies available to the public. Motion to adopt Resolution 2011 -133, being a Resolution canceling the Monday, December 26, 2011 City of Columbia Heights regular City Council meeting. C. Adopt Resolution 2011 -134, approving a fourth amendment - Huset Park Development, BNC Bank - removed Fehst stated that BNC Bank has taken over the Huset Park Development. This extends the limits of the construction period for one year for the three categories. D. Adopt Resolution 2011 -135, being a Resolution to amend the 37th and Central contract - removed E. Approval of attached list of rental housing applications. Motion to approve the items listed for rental housing license applications for November 28, 2011 in that they have met the requirements of the Property Maintenance Code F. Approve Business License Applications Motion to approve the items as listed on the business license agenda for November 28, 2011 as presented. G. Review payment of the bills Motion that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 141274 through 141383 in the amount of $346,065.63. Motion by Diehm, second by Williams, to approve the Consent Agenda items, with the exception of items C and D. Upon vote: All ayes. Motion carried.. C. Adopt Resolution 2011 -134, approving a fourth amendment - Huset Park Development, BNC Bank Motion by Diehm, second by Williams, to waive the reading of Resolution 2011 -134 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution 2011 -134, a resolution approving a fourth amendment to amended and restated contract for private redevelopment between the Columbia Heights Economic Development Authority, the City of Columbia Heights, and Huset Park Corporation. Nawrocki stated that there have been changes with the developer going into some type of bankruptcy and the builder, Ryland Homes, has pulled out of it also. Scott Clark, Community Development Director, stated that the developer did not go into bankruptcy, but that project is in foreclosure. BNC Bank has taken over the project. This item is an extension of the agreement including the condo site and the senior coop site. This extends the date by one year and was City Council Minutes Monday, November 28, 2011 Page 3 of 10 approved by the EDA. BNC Bank will meet with the EDA in early 2012 to discuss a new vision for these parcels. Upon vote: All ayes. Motion carried. D. Adopt Resolution 2011 -135, being a Resolution to amend the 37th and Central contract Motion by Diehm, second by Williams, to waive the reading of Resolution 2011 -135, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt resolution 2011 -135, being a resolution approving agreement for assignment and release of obligations, and amendment of amended and restated contract for private redevelopment by and between Columbia Heights Economic Development Authority Columbia Heights Minnesota and the City of Columbia Heights Minnesota and 37th and Central LLC. Clark stated this is an assignment of the original redevelopment agreement, approved by the EDA, between O'Reilly Auto Parks and Central LLC. This is a change from the 9,000 square foot shopping center to a 7,000 square foot O'Reilly store. O'Reilly will close in the next two weeks and will begin construction in March or April. This item would change the commencement date for another six months and all benefits and obligations will be assigned from O'Reilly's to LLC. Nawrocki stated that they wanted another $30,000, but the EDA said no. Clark agreed, no further assistance was granted to the developer. Upon vote: All ayes. Motion carried. 6. PUBLIC HEARINGS A. Adopt Resolutions 2011 -137, 4054 2nd Street N.E., 2011 -138, 4628 -30 Polk Street N.E., 2011- 139, 4625 Tyler Street N.E., 2011 -140, 4906 -08 Tyler Street N.E., 2011 -141, 1400 -02 Circle Terrace Blvd., 2011 -142, 4945 5th Street N.E., 2011 -143, 4346 6th Street N.E., and 2011 -144, 4800 5th Street N.E., 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. Fire Chief Gary Gorman listed the rental license violations on the three remaining properties. Motion by Diehm, second Nawrocki, to close the public hearing and to waive the reading of Resolution Numbers 2011 -141, 143, and 144 being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second Nawrocki,: Move to adopt Resolution Numbers 2011 -141, 143 and 144 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. B. Adopt Resolutions 2011 -145 5054 Monroe Street N.E. 2011 -146 4055 Madison Street N.E. 2011 -147, 3849 Hayes Street N.E., and 2011 -148, 4054 2nd Street N.E. being declarations of nuisance and abatement of violations within the City of Columbia Heights. Gorman listed nuisance and abatement violations on the three remaining properties. Motion by Williams, second by Schmitt, to close the public hearing and to waive the reading of Resolution Numbers 2011 -145, 146, and 147 there being ample copies available to the public. Upon vote: All ayes. Motion carried. City Council Minutes Monday, November 28, 2011 Page 4 of 10 Motion by Williams, second by Schmitt, to adopt Resolution Numbers 2011 -145, 146, and 147 being resolutions of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the properties pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION - none ADMINISTRATIVE REPORTS Report of the City Manager Fehst stated that the 2012 budget approval will be on the December 12, 2011 City Council meeting. Tax statements are now being received by property owners. We normally prepare a comparison of ten properties valued from $113,000 to $238,000. Because of the new formula in lieu of the market value homestead credit, the lower valued homes did not see increases. All but two of the properties sampled had tax decreases. The commercial properties have gone up; the tax of one of our largest commercial businesses in town increased four percent. The School District has not lowered their taxes yet. This foliuula has worked well for the city and most homes will receive a tax decrease for residential housing. Nawrocki stated that the value of his property went down. Fehst stated that the County did not distinguish between the estimated market value versus the taxable market value. They only gave the taxable market value. The taxable market value is not your assessed market value. Nawrocki questioned what the state general tax is. Fehst stated it is zero and is the amount charged against commercial property. Nawrocki requested information on the total valuation for the city. Fehst stated we can ask for that information. Nawrocki stated he thought the county was reducing their tax by seven percent. Fehst stated he took that with a grain of salt. Most cities have not been passing along the loss of homestead credit. We experienced an increase, but compared to what we levied we are down 3.1 percent. Nawrocki stated that the HRA levy is buried somewhere in the statement. Fehst stated that is $200,000 a year over five years. Nawrocki referred to a comment from the last meeting by Councilmember Schmitt that the budget be reduced by the $100,000 allocated for the electronic sign. Fehst stated that purchase would have come from the capital fund, not the operational fund. Nawrocki suggested we transfer funds saved from the capital fund to the operational fund to reduce the levy. He spoke of the State Auditor and special funds. Fehst stated that the Auditor talked of taking cities surplus funds. With the advice of Council, we set aside money in these funds. Nawrocki stated that we have 30 or 40 special funds. These should be looked at, along with more reductions to the budget, to reduce the proposed levy. Nawrocki stated that previously he asked the Manager for a list of expenditure reduction recommendations for next year. The idea is to get the levy decreased. He also referred to staff s comment regarding line items used for items other than what they were approved for. The council is responsible for what happens to public money. Nawrocki indicated that the monthly report for October would indicate 83 percent utilization of the budget, so why is the Council budget at 93 percent? Nawrocki spoke on his attendance at the new Ramsey NorthStar Light Rail station. Peterson stated it is right next to the new Veterans Administration center. Nawrocki stated they are adding on to their parking ramp. He will ask for new ridership costs at the upcoming meeting. Operating costs are $20 per ride, each direction. This comes from taxpayers dollars. Nawrocki requested the dates for the street project informational meetings. City Council Minutes Monday, November 28, 2011 Page 5 of 10 Report of the City Attorney — nothing to report. CITIZENS FORUM Peterson reported on the November 18 Taste of Heights. It was well attended with eight restaurants participating. They have indicated their desire to participate again next year. There were also eight different entertainers. It was a wonderful evening. Nawrocki stated he hopes that next year it doesn't tie into the election cycle. Peterson questioned the relevance. The date for next year is November 17. To insinuate this is done for elections is ridiculous. Nawrocki stated at the meeting he spoke of previously, a person talked to him about signs. Peterson stated that will be discussed on a work session. Nawrocki stated that the person counted 26 signs on Central Avenue. Peterson indicated he was out of order. Peterson asked that at this time of year, people be aware of the volunteerism opportunities available to us, such as SACA, House of Charities, Salvation Army, and other places. Peterson stated: "Don't forget our service men and women. Keep them in your thoughts and prayers. It is even more poignant at this time of year when they are away from their families and homes. When you see them, shake their hand and thank them for their service. Don't take ourselves too seriously and do a purposeful act of kindness ". ADJOURNMENT Mayor Peterson adjourned the meeting at 7:49 p.m. Patricia Muscovitz CMt Cit Cler RESOLUTION NO. 2011 -133 BEING A RESOLUTION CANCELING THE CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETING OF MONDAY, DECEMBER 26, 2011 WHEREAS: The City of Columbia Heights offices are closed on Monday, December 26, 2011, and; WHEREAS: The City Council has agreed to cancel the regular Council meeting scheduled for Monday, Dec. 26, 2011; NOW, THEREFORE, BE IT RESOLVED, that all interested parties be advised of this change. RESOLUTION NO. 2011 -134 RESOLUTION APPROVING A FOURTH AMENDMENT TO AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF COLUMBIA HEIGHTS, AND HUSET PARK DEVELOPMENT CORPORATION BE IT RESOLVED By the City Council ( "Council ") of the City of Columbia Heights, Minnesota ( "City ") as follows: Section 1. Recitals. 1.01. The Columbia Heights Economic Development Authority ( "Authority") has determined a need to exercise the powers of a housing and redevelopment authority, pursuant to Minnesota Statutes, Sections. 469.090 to 469.108 ( "EDA Act "), and is currently administering the Downtown CBD Redevelopment Project ( "Redevelopment Project ") pursuant to Minnesota Statutes, Sections 469.001 to 469.047 ( "HRA Act "). 1.02. The Authority, the City and Huset Park Development Corporation (the "Redeveloper ") entered into a into an Amended and Restated Contract for Private Redevelopment dated as of August 1, 2007, as amended by a First Amendment thereto dated June 16, 2008 and a Second Amendment thereto dated as of February 9, 2009 and a Third Amendment Thereto dated as of September 28, 2009 (the "Contract "), setting forth the terms and conditions of redevelopment of certain property within the Redevelopment Project, generally located east of University Avenue and south and west of Huset Park . City Council Minutes Monday, November 28, 2011 Page 6 of 10 1.03. The parties have determined a need to modify the Contract in certain respects, and have caused to be prepared a Fourth Amendment to Amended and Restated Contract for Private Redevelopment (the "Amended Contract "). 1.04. The Council has reviewed the Amended Contract and finds that the execution thereof and performance of the City's obligations thereunder are in the best interest of the City and its residents. Section 2. City Approval; Further Proceedings. 2.01. The Amended Contract as presented to the Council is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Manager, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The Mayor and City Manager are hereby authorized to execute on behalf of the City the Amended Contract and any documents referenced therein requiring execution by the City, and to carry out, on behalf of the City its obligations thereunder. RESOLUTION NO. 2011 -135 RESOLUTION APPROVING AGREEMENT FOR ASSIGNMENT AND RELEASE OF OBLIGATIONS, AND AMENDMENT OF AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY COLUMBIA HEIGHTS MINNESOTA AND THE CITY OF COLUMBIA HEIGHTS MINNESOTA AND 37th AND CENTRAL LLC BE IT RESOLVED By the City Council (the "Council ") of the City Columbia Heights MN, (the "City ") as follows: Section 1. Recitals. 1.01. The City, the Authority and 37th and Central LLC (the "Redeveloper ") entered into a Contract for Private Redevelopment dated June 24, 2008, as amended by a First Amendment thereto dated April 28, 2009, and as amended by the Second Amendment dated May 25, 2010 (collectively, the "Contract "). 1.02. The Redeveloper has concluded negotiations with O'Reilly Automotive Stores, Inc. a Missouri corporation ( "O'Reilly ") for the purchase by O'Reilly of all of the Redeveloper's interest in the Contract. 1.03. The Council has reviewed the "AGREEMENT FOR ASSIGNMENT AND RELEASE OF OBLIGATIONS, AND AMENDMENT OF AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY COLUMBIA HEIGHTS MINNESOTA AND THE CITY OF COLUMBIA HEIGHTS MINNESOTA AND 37th AND CENTRAL LLC" (the "Assignment ") providing for the assignment of the Contract to O'Reilly, the release of the Redeveloper from its remaining obligations under the Contract, and the amendment of the Contract as stated therein, and finds that the execution thereof and performance of the City's and Authority's obligations thereunder are in the best interest of the City and its residents. Section 2. City Approval; Further Proceedings. 2.01. The Assignment as presented to the Council is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Manager, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The Mayor and City Manager are hereby authorized to execute on behalf of the City the Assignment and any documents referenced therein requiring execution by the City, and to carry out, on behalf of the City its obligations thereunder. RESOLUTION 2011 -141 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 Robert U. Okoro (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 1400 -02 Circle Terrace Blvd. 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 October 12, 2011 of an public hearing to be held on November 28, 2011. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on June 2, 2011 inspectors for the City of Columbia Heights, inspected the property described above and noted violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. City Council Minutes Monday, November 28, 2011 Page 7of10 2. That on October 12, 2011 inspectors for the City of Columbia Heights performed a re- inspection and noted that violations remained uncorrected. . A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on November 17, 2011 inspectors for the City of Columbia Heights checked records for this property and noted that the violations remained uncorrected 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Property Maintenance Code were found to exist, to -wit: a. 1402 - Shall repair the bathroom sink that doesn't drain b. 1402 - Shall replace the missing cabinet door on the vanity in the bathroom c. Unit # 1402 — Upstairs SHALL IMMEDIATELY REPLACE.'REPAIR THE MISSING/NON- WORKING SMOKE DETECTOR IN THIS UNIT d. Shall install an approved CO detector in unit # 1402 e. 1400 - Shall make this unit available for inspection. f. Shall repair /replace the screen(s) on the building g. 1400 - Shall repair the deadbolt lock on the side door h. 1400 - Shall secure railing on the side entrance 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 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 F11106 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2011 -143 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 Sunday Olayinka (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4346 6 Street 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 November 4, 2011 of an public hearing to be held on November 28, 2011. 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 October 18, 2011 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 November 4, 2011 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 U43466TH is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2011 -144 City Council Minutes Monday, November 28, 2011 Page 8of10 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 Lawrence A. Ohsman (Hereinafter "License Holder "). Whereas, license holder is the legal owner of the real property located at 4800 5 Street 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 October 17, 2011 of an public hearing to be held on November 28, 2011. 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 October 3, 2011 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 October 17, 2011 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 U48005TH is hereby revoked; 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2011 -145 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 Zackery Johnson (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 5054 Monroe Street, Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on October 11, 2011. 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 September 8, 2011 an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 11, 2011 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 November 16, 2011 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 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 5054 Monroe Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. City Council Minutes Monday, November 28, 2011 Page 9 of 10 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 5054 Monroe 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 2011 -146 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 William E. Brown (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4055 Madison Street, 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 November 3, 2011. 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 September 26, 2011 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 3, 2011 inspectors re- inspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on November 21, 2011 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 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 4055 Madison 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 4055 Madison 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 2011 -147 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 Hakim Al- Salihi (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 3849 Hayes Street, 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 November 9, 2011. 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 4, 2011 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. City Council Minutes Monday, November 28, 2011 Page 10 of 10 2. That on November 9, 2011 inspectors re- inspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on November 15, 2011 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 replace the retaining wall or provide acceptable grading per City Engineer and City Code 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 3849 Hayes 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 3849 Hayes 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.