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HomeMy WebLinkAbout06/24/2013 Regular OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY,JUNE 24,2013 THE FOLLOWING ARE THE MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL HELD AT 7:00 P.M. ON MONDAY,JUNE 24,2013 IN THE CITY COUNCIL CHAMBERS,CITY HALL,590 40TH AVENUE N.E., COLUMBIA HEIGHTS,MINNESOTA. 1. CALL TO ORDER/ROLL CALL/INVOCATION Mayor Peterson called the meeting to order at 7:00 PM. Members Present: Mayor Peterson, Councilmember Schmitt, Councilmember Williams, Councilmember Diehm and Councilmember Nawrocki. Staff Present: City Manager Walt Fehst, Assistant to City Manager/HR Director Linda Magee, Assistant Community Development Director Sheila Cartney, Public Works Director/City Engineer Kevin Hansen, Police Chief Scott Nadeau, City Attorney Jim Hoeft, and City Clerk/Council Secretary Tori Leonhardt, Malcolm Watson gave the invocation. 2. PLEDGE OF ALLEGIANCE Recited 3. ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson informed the Council that Item A under Public Hearings; Resolution No. 2013-47 3849 Edgemoor Place, is to be removed as they are now in compliance with the Property Maintenance Code. Nawrocki stated he has some items to add under the Managers Report and Recognitions. 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS Library Director, Renee Dougherty introduced Barbara Kondrick who is the new Adult Services Librarian. Kondrick is a lifelong resident of Columbia Heights and also graduated from Columbia Heights. Dougherty stated she feels so fortunate that Kondrick has decided to bring her unique skills, her winning personal style, and her community awareness back home to be our Adult Services Librarian. Kondrick stated she is very delighted to be coming back to her home town. She thanked the Mayor and Council for their enthusiasm and interested in providing a new library to the community of Columbia Heights and indicated she is ready and willing to help in any way she can. Nawrocki mentioned the Sun Focus had a story on the Anoka County Library and the residents in Anoka County are paying $23 per person to support their library, in Heights we have a budget of $805,000 and that works out to be approximately $40 per person to support our library. In previous discussions on building a new library,basic problems with a leaking roof and water problems in the basement came up and Nawrocki stated there was no water in the library after the heavy rain we had a couple of weeks ago. Both Fehst and Dougherty indicated that there was water in the Children's area of the library after the most recent storm. Nawrocki asked to see pictures of the damage. City Council Meeting Monday,June 24,2013 Page 2 of 16 Nawrocki pointed out a story that had recently been in the Minneapolis paper in regards to Minnesota State Bar Association Lawyers being recognized for being Pro-bono lawyers, which means they donate at least fifty hours a year of their time to those in need who are unable to afford a lawyer. Nawrocki announced that our own Tami Diehm was one of those lawyers who were recognized and offered his congratulations. Mayor Peterson reminded everyone that bricks are on sale until July 14, 2013 for the Hentges Legacy Garden. 5. CONSENT AGENDA Councilmember Nawrocki asked that items C, E and F be removed from the Consent Agenda for further discussion. City Manager Fehst took the Council through the remaining items on the Consent Agenda. A. Approve City Council Meeting Minutes for June 10, 2013 MOTION: Move to approve the City Council Meeting Minutes for June 10, 2013. B. Accept Boards and Commissions Meeting Minutes MOTION: Move to accept the Library Board Meeting Minutes of May 24, 2013. C. Approve Resolution 2013-46, Regarding the 2013-2014 IUOE Labor Agreement - Removed D. Approve Transfer of Public Safety Building Range Rental Fees to be Used for Purchase of LaserShot System,, MOTION: Move to transfer $3,500 of monies received in Public Safety Building Range rental fees to the Police Department's Computer Hardware and Software line item 101.42100.2011. These funds will be used to purchase an upgraded LaserShot system and a laptop computer on which to run the system. E. Capital Equipment Replacement of Unit#456: 1999 Ford E-350 Passenger Van - Removed F. Bids for ADA Improvements for McKenna Wading Pool, City Project 1312- Removed G. Approval of attached list of rental housing applications MOTION: Move to approve the items listed for rental housing license applications for June 24, 2013 in that they have met the requirements of the Property Maintenance Code. H. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for June 24, 2013 as presented. I. Payment of Bills MOTION: Move that in accordance with Minnesota Statue 412.271, subd. 8, the City-Council has received the list of claims paid covering check number 148203 through 148403 in the amount of$3,216,557.03. Motion by Nawrocki, seconded by Diehm to approve the Consent Agenda items with the City Council Meeting Monday,June 24,2013 Page 3 of 16 exceptions of items C, E and F that were pulled for further discussion. Upon Vote: All ayes. Motion Carried. Discussion: Item C: Approve Resolution 2013-46, Regarding the 2013-2014 IUOE Labor Agreement— Motion by Williams, seconded by Schmitt to waive the reading of Resolution 2013-46, there being ample copies available to the public. Upon Vote: All ayes. Motion Carried. Motion by Williams, seconded by Schmitt to adopt Resolution 2013-46, regarding the Labor Agreement between the City of Columbia Heights and the International Union of Operating Engineers, Local 49, effective January 1, 2013 - December 31, 2014. Nawrocki indicated the Council has not received any back-up information on this item and there has not been any discussion at a previous work session, as we have done in years past. He commented it should be discussed at a work session and the Council should get copies of the total agreement to review. Motion by Nawrocki to move Item C to a work session, Motion dies for lack of a second. Magee stated these are within the guidelines that were discussed in the two executive sessions that were held with the Council. Upon Vote: Schmitt aye; Williams aye; Diehm aye; Nawrocki aye; Peterson aye. 5 ayes, 0 nays. Motion Carried. Item E: Capital Equipment Replacement of Unit#456: 1999 Ford E-350 Passenger Van— Removed. Nawrocki stated the City is intending to purchase another van and keep the current one with 50,000 miles on it, instead of trading it in. Nawrocki inquired if this was a good use of funds as we would be using two vehicles to do the same thing. Fehst said yes, that in most cases we would not want to increase our fleet, but we are using the van so much that it is getting overused. We think we can get away with one during the winter, but during the summer the City would need to use the second van. Our intention is not to put a lot of money into the old van, would just keep insurance on it during the winter months. Fehst felt the Recreation Director used good judgment in this. Schmitt wanted to clarify that the information provided it references a cargo van and a passenger van. Should all statements say passenger van instead of a cargo van? Hansen stated yes, that was correct, it is a passenger van. Schmitt inquired if we had another passenger van. Fehst stated yes we do have a step van, which we also use. Mayor Peterson reiterated the need for a new van is because of the success of the programs and if things change, we will look at getting rid of one of the vehicles. Motion by Diehm, seconded by Williams to authorize the replacement of Unit#456 under the State of Minnesota Purchasing Contract with one (1) new Ford E-350 passenger van from City Council Meeting Monday,June 24,2013 Page 4 of 16 Midway Ford in the amount of$26,560, plus sales tax and license. Funding shall be from the Recreation Capital Equipment Replacement Fund 101-45000-5150. Upon Vote: Schmitt, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes, 1 nay. Motion Carried. Item F: Bids for ADA Improvements for McKenna Wading Pool, City Project 1312 Nawrocki stated he removed the item because we have two different recommendations, either to award or to rebid the project. Hansen stated this is correct; we were disappointed in the bids that we received. Doing this project is in response to Federal Requirements. The pool at Huset also needs to meet the Federal requirements, so we are looking at getting these two pools bid and done as one project. If the Council approves staff's recommendation to rebid the project in 2014, Hansen wanted them to understand that McKenna pool would remain closed for this summer. Schmitt asked what the estimate costs were for Huset compared to McKenna. Hansen stated they are exactly the same. Nawrocki inquired if we authorized NW Aquatics to complete the engineering work. Hansen replied yes, in 2012. Nawrocki wanted to know how much the City has already paid to NW Aquatics. Hansen responded that he would have to do the paperwork and would get back to Councilmember Nawrocki. Fehst wanted the Council to understand that if we do not make the motion to approve the bid, the pool will not be open this year. Motion by Williams seconded by Schmitt to reject the bids received for the 2013 ADA Improvements for McKenna Park, City Project No. 1312, and authorize staff to rebid the project in 2014, adding the Huset Park wading pool. Upon Vote: All ayes. Motion Carried. 6. PUBLIC HEARINGS A. Adopt Resolutions 2013-48, 3746 3rd Street N.E., 2013-49, 1331-33 Circle Terrace Blvd. N.E. and 2013-51, 4242 Madison 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 Assistant Fire Chief Larsen took the Council through the resolutions. Two of the properties are being revoked for not responding to application requests and fees and the other one is for non- compliance with violations that were written on the property. Nawrocki indicated at least one of these properties appear to be vacant and wanted to know if the City still requires them to be licensed if they are vacant. Larsen stated since it is an existing rental property, we would still send out the rental license information until we are notified that it is vacant. Motion by Nawrocki, seconded by Diehm to close the public hearing and to waive the reading of Resolution Numbers 2013-48, 2013-49, and 2013-51, there being ample copies available to the public. Upon Vote: All ayes. Motion Carried. Motion by Nawrocki, seconded by Diehm to adopt Resolution Numbers 2013-48, 2013-49, and 2013-51 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. City Council Meeting Monday,June 24,2013 Page 5 of 16 B. Adopt Resolutions 2013-53, 4721 Upland Crest N.E., 2013-54 1331-33 Circle Terrace Blvd. N.E., 2013-55, 546 38th Avenue N.E., and 2013-56, 666 40th Avenue N.E. being declarations of nuisance and abatement of violations within the City of Columbia Heights Larsen stated there are four properties that have violations and the properties located on 38"' and 40th are vacant and were found unsecure. Motion by Diehm, seconded by Williams to close the public hearing and to waive the reading of Resolution Numbers 2013-53, 2013-54, 2013-55, and 2013-56, there being ample copies available to the public. Upon Vote: All ayes. Motion Carried. Motion by Diehm, seconded by Williams to adopt Resolution Numbers 2013-53, 2013-54, 2013- 55, and 2013-56 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. C. Second Reading-Ordinance No. 1612 Zoning Amendment to Minimum Floor Area Assistant Community Development Director, Sheila Cartney explained that this was the second reading of Ordinance No. 1612, in which the Planning and Zoning Commission recommended approval on June 4, 2013. The Ordinance is a Zoning Amendment to the minimum floor area requirements for one-half and two story dwellings. Motion by Williams, seconded by Schmitt to waive the reading of Ordinance No. 1612, there being ample copies available to the public. Upon Vote: All ayes. Motion Carried. Motion by Williams, seconded by Schmitt to adopt Ordinance No. 1612,being an ordinance amending Ordinance No. 1490 City Code of 2005, adopting the proposed zoning amendments outlined in Ordinance 1612. Upon Vote: All ayes. Motion Carried. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions - none B. Bid Considerations- none C. New Business and Reports - none 8. ADMINISTRATIVE REPORTS Report of the City Manager Nawrocki reminded the Council the preliminary copy of the fall newsletter is due by June 28th and expressed the hope that the newsletter will contain information on the City's proposed budget that will be for the upcoming year. Nawrocki asked when the Council will be getting last year's financial information. Fehst replied that it will be on one of the Council meetings in July. Nawrocki talked about the increase of$500,000 in local government aid with both the State Senator and State Representative and they stated, short of something catastrophic happening, we will receive the monies. Nawrocki stated that Fehst indicated that they may not keep their promises. City Council Meeting Monday,June 24,2013 Page 6 of 16 Fehst was unsure what Nawrocki meant and indicated he may have misconstrued what he had previously said. Fehst stated this year there was an additional stipend from local government aid, but you cannot count on it year to year. It may aid us, but it will not necessarily aid us in our five year plan to not be dependent on local government aid. Nawrocki does not necessarily believe in getting off of local government aid and said this aid is so the property owners get some tax relief. We were supposed to get $895,000 of government aid this year, which he confirmed with Finance Director Joseph Kloiber, and that is supposed to increase by$500,000 for next year. We are the about the highest in the 180 communities. Nawrocki stated that if it includes levy limits, he is one of the few council members that believe in levy limits. This is what possibly keeps the property taxes down. Fehst stated that the drastic increases in property tax would be as a result of the withdrawal of the pledge of the local government aid generally in support of cities in need such as ours. Nawrocki stated that may be true on the revenue side, but on the expenditure side there are ways to cut. Nawrocki asked the City Manager to update them on the statement in the last Green Sheet, in which it said the City has been meeting with some of the agents in regards to the new library and the property located on University and 40t]'. Fehst indicated the City had one follow up meeting with Jaspers and confirmed everything that Gabrielson had told the City. They are doing a feasibility study for senior housing and when that is available, our intention is to review what they have found. Nawrocki reiterated that with the current expenses that the City has and debt service, adding $805,000 for a new library would work out to be approximately$40 per person, as opposed to Anoka County's new library which is approximately $23 per person. Fehst stated we had a major storm this last weekend with a lot of water and wind. It knocked down a lot of trees in the city. He complemented the Fire, Police, and Public Works Departments' on having their crews out working and cleaning up and blocking off alleys and streets. That being said, Fehst stated it is not the City's responsibility to pick up trees on the boulevards. The City has only done this twice in the past years. The garbage company will pick up bundles of branches, but they will not pick up a whole tree. Some residents will be disappointed with this but,unless the Council directs staff to do something different; the City will remain with this position. Schmitt stated she remembered when they had the storm that the City picked up trees and residents had to wait a month to get them picked up, which was way too long. Report of the City Attorney—none at this time. 9. CITIZENS FORUM Tricia Conway, 4038 5t1i Street, Columbia Heights Public Library Task Force Member, indicated she was here tonight on behalf of the Task Force to see if the Council or staff had any questions or concerns you would like her to take back to the Task Force. Nawrocki asked Conway if they would look at the numbers that he commented on earlier in regards to Anoka County's library costing each resident $23 and Columbia Heights estimated costs per resident would be $40 and see if that is correct. Conway replied, although this was not the direction the Task Force was originally given, she would bring this back to the Task Force. Schmitt stated she met with Larry of Northeast Bank and his concerns were that you do not move a bank overnight. His lease in up in a year and a half and would need to know as soon as possible what the City has planned. Schmitt stated there are a lot of problems with the other sites and asked Conway if the Task Force ever looked at making the current City Hall into a Library. Diehm asked Schmitt what she would do with City Hall employees. Diehm felt if we are going to invest City City Council Meeting Monday,June 24,2013 Page 7 of 16 funds to build, she would rather invest City funds to build a library. Schmitt replied it is easier to displace City Hall then it is a bank. Peterson stated it is not an easy decision and we are still working at 40th and Central if it is a possibility. He indicated he is worried about that corner and what will happen with it. Schmitt added that she recently attended the LMC convention and talking with another firm about the discussion of sharing space with the public, it may not be a good idea to have it shared with City staff for safety reasons. Catherine Vesley, 5135 Matterhorn Drive, addressed the Council and stated we have expected a great deal from the Task Force and they came up with a superb report which dealt with many of the financial issues. Granted they were not specific numbers, but they were quite comprehensive for people to understand. It has been remarked constantly that Heights should be a part of Anoka County Library system. The question is does the Anoka County system want us. Vesley stated the answer is no. If they did, it would more than likely be located on the other side of 694, which would be extremely hard for residents to access. She agrees property taxes are important, but low property taxes are not a vision for the future. It is not just about money, it is about being a place that people want to live. The library recently had 123 children enrolled in one program, which says there are people who want these programs and there is a need for them. The City needs to go in the direction that we have been going - forward. Mayor Peterson stated that this week is the Jamboree and next week is the 4t1' of July and we have a great opportunity for people to stand at attention when a flag goes by. He encouraged everyone to stand up and be proud and honor our flag each time it goes by. Nawrocki inquired if we have a work session next week. Fehst indicated it had been cancelled. 10. ADJOURNMENT Mayor Peterson adjourned the meeting at 8:09 PM. 1 Tori L n a t, City Clerk/Council Secretary RESOLUTION 2013-46 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO.49 WHEREAS, negotiations have proceeded between the International Union of Operating Engineers (IUOE), Local No. 49, representing employees of the Public Works Department and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 2013 and 2014. WHEREAS, changes to the current contract are attached, and a copy of said contract is available at the Office of the City Manager and is made a part hereof by reference; City Council Meeting Monday,June 24,2013 Page 8 of 16 NOW, THEREFORE, BE IT RESOLVED that the contract agreement, as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2013 and 2014 for IUOE bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this 24th day of June,2013, RESOLUTION 2013-48 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 John and Allison Richter (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3746 3`d 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 May 28, 2013 of an public hearing to be held on June 24, 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 April 25, 2013 inspectors for the City of Columbia Heights, inspected the property described above and noted violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on May 28, 2013 inspectors for the City of Columbia Heights performed a reinspection 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 June 12, 2013 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. Failure to schedule a rental property inspection. b. Failure to submit a rental license application and fees. c. Shall scrape and paint all trim. d. Shall repair/replace all damaged screens on building. e. Shall repair/replace door handle on screen door. f. Shall repair/replace trim above door upstairs. g. Shall repair/replace rear storm door. h. Shall finish missing trim in front of building. i. Shall remove all out outside storage from property. j. Shall remove all shrub growth from property. 5. That all parties, including the License Holder and any occupants or tenants, have been given the City Council Meeting Monday,June 24,2013 Page 9 of 16 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 F11920 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. Passed this 24th day of June 2013 RESOLUTION 2013-49 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 Adel Hegazi (Hereinafter"License Holder"). Whereas, license holder is the legal owner of the real property located at 1331-33 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 June 3, 2013 of an public hearing to be held on June 24, 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 April 2, 2013 inspectors for the City of Columbia Heights, inspected the property described above and noted violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on May 6, 2013 inspectors for the City of Columbia Heights performed a reinspection 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 June 14, 2013 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. Shall repair/replace wood fence on north side of property. b. Shall repair/replace outlet cover on exterior outlet of garage next to overhead door. City Council Meeting Monday,June 24,2013 Page 10 of 16 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 FE- 1331-13 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. Passed this 24th day of June 2013 RESOLUTION 2013-51 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 Duncan McClellan (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4242 Madison 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 June 10, 2013 of an public hearing to be held on June 24, 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 snakes the following: FINDINGS OF FACT 1. That on or about June 10,2013 inspection office staff sent a letter requesting the owner of the property submit the rental license application for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on June 10, 2013 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 submit rental license application and fees. b. Failure to schedule rental property inspection. City Council Meeting Monday,June 24,2013 Page 11 of 16 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 U4242 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. Passed this 24th day of June 2013 RESOLUTION 2013-52 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 Affordable Auto Works (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 715 39th Avenue N.E., Columbia Heights, Minnesota. And whereas,pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206,written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on May 13, 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 May 13, 2013 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 June 13, 2013 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 June 13, 2013 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: A. Shall provide vehicle impact protection for outside gas meter. 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 City Council Meeting Monday,June 24,2013 Page 12 of 16 1. That the property located at 715 39th Avenue 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 715 39th Avenue 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. Passed this 24th day of June 2013 RESOLUTION 2013-53 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 11, of City Code, of the property owned by Tony Ortiz (Hereinafter"Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4721 Upland Crest N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on June 3, 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 May 2, 2013 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 June 3, 2013 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 June 14, 2013 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: A. Shall replace missing garage door. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). City Council Meeting Monday,June 24,2013 Page 13 of 16 CONCLUSIONS OF COUNCIL 1. That the property located at 4721 Upland Crest 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 4721 Upland Crest 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. Passed this 24th day of June 2013 RESOLUTION 2013-54 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 Adel Hegazi (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1331-33 Circle Terrace Blvd. N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on June 3, 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 April 2, 2013 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 May 6, 2013 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 June 14, 2013 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: A. Shall repair/replace wood fence on the north side of property. City Council Meeting Monday,June 24,2013 Page 14 of 16 B. Shall repair/replace outlet cover on exterior outlet of garage next to overhead door. 5. That all parties, including the owner of record and any occupants or tenants,have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 1331-33 Circle Terrace Blvd. 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 1331-33 Circle Terrace Blvd. 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. Passed this 24th day of June 2013 RESOLUTION 2013-55 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 11, of City Code, of the property owned by Patrick Theroux (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 546—38th Avenue N.E. Columbia Heights, Minnesota. And whereas,pursuant to Columbia Heights Code, Chapter 8,Article Il, 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 June 12, 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 June 12, 2013 the Fire Department responded to a complaint at the address listed above. Inspectors noted that the structure was open and unsecured. 2. That on June 12, 2013 the Fire Chief ordered that Advance Companies secure the vacant structure. 3. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated, to wit: A. Approve the emergency abatement of the hazardous situation located at 546—38th Avenue N.E. City Council Meeting Monday,June 24,2013 Page 15 of 16 4. 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 546—38th Avenue 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 546—38th Avenue 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. Passed this 24th day of June 2013 RESOLUTION 2013-56 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 Michael Thoennes (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 666—40th Avenue N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on June 12, 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 June 12, 2013 the Fire Department responded to a complaint at the address listed above. Inspectors noted that the structure was open and unsecured. 2. That on June 12, 2013 the Fire Chief ordered that Advance Companies secure the vacant structure. City Council Meeting Monday,June 24,2013 Page 16 of 16 3. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist and have been abated,to wit: A. Approve the emergency abatement of the hazardous situation located at 666—40th Avenue N.E. 4. 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 666—40th Avenue 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 666—40th Avenue 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. Passed this 24th day of June 2013