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HomeMy WebLinkAbout08/26/2013 Regular OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY,AUGUST 26,2013 THE FOLLOWING ARE THE MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL HELD AT 7:00 PM ON MONDAY,AUGUST 26,2013 IN THE CITY COUNCIL CHAMBERS,CITY HALL, 590 40T"AVENUE N.E., COLUMBIA HEIGHTS,MINNESOTA. 1. CALL TO ORDER/ROLL CALL/INVOCATION Mayor Peterson called the meeting to order at 7:02 PM. Members Present: Mayor Peterson, Council Member Schmitt, Council Member Williams, Council Member Diehin, and Council Member Nawrocki. Staff Present: City Manager Walt Fehst, Fire Chief Gary Gorman, City Attorney Jim Hoeft, Finance Director Joseph Kloiber, Community Development Director Scott Clark, and City Clerk/Council Secretary Tori Leonhardt Pastor Dan Thompson of Heights Church gave the invocation. 2. PLEDGE OF ALLEGIANCE Recited 3. ADDITIONS/DELETIONS TO MEETING AGENDA Councilmember Nawrocki commented that the 2014 Budget Message should have been on the agenda. He also announced that there is an executive session that is a closed meeting after this meeting to talk about the library. Nawrocki questioned why the executive session was not included on tonight's City Council Agenda. Hoeft replied the executive session is a separate meeting; protocol is that you adjourn this meeting and go into the executive session. Council Member Nawrocki asked that item B be removed for further discussion. City Manager Fehst took the Council through the remaining items on the Consent Agenda. A. Approve City Council Meeting Minutes of August 12, 2013 MOTION: Move to approve the City Council Meeting Minutes of August 12, 2013. B. Approve Transfer of Funds for Reimbursements from General Fund to Fire Department Budget. —REMOVED C. Approval of attached list of rental housing applications. MOTION: Move to approve the items listed for rental housing license applications for August 26, 2013 in that they have met the requirements of the Property Maintenance Code. D. Approve Reissuance of Rental License MOTION: Move to re-issue a rental housing licenses to Adel Hegazi to operate the rental property located at 1331-33 Circle Terrace Blvd. N.E. and to Shah Khan to operate the rental property located at 981 43 1/2 Avenue N.E. in that provisions of the Property Maintenance Code City Council Meeting Minutes Monday,August 26,2013 Page 2 of 13 have been complied with. E. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for August 26, 2013 as presented. Payment of Bills- MOTION: Move that in accordance with Minnesota Statue 412.271, subd.8, the City Council has receiti-ed the list of claims paid covering check number 148998 through 149214 in the amount of $1,776,928.19. Motion by Nawrocki, seconded by Schmitt, to approve the Consent Agenda with the exception of item B that was pulled for further discussion. Upon Vote: All ayes. Motion Carries. Discussion: Item B Approve Transfer of Funds for Reimbursements from General Fund to Fire Department Budget. Council member Nawrocki asked for a brief explanation of this transfer of funds. He asked Fire Chief Gorman if we have already spent this money and if we are now being reimbursed. Gonnan indicated there are four different reimbursements that are part of this motion. The Fire Department receives money each year for reimbursement through MN Board of Firefighting and Education. This is money that comes from the surcharge on your homeowners insurance. We get reimbursements for our paid on call training time and this year we received $3025.00 back. Anoka County receives money from FEMA and we have received money from them in the past. This year the fire department was reimbursed for the Governor's Emergency Management Conference that the Assistant Fire Chief and himself attending in the amount of$600.00. Our Fire Department, through the Anoka County Fire Protection Council, is part of a county-wide FEMA grant for recruitment of firefighters. Centennial Fire put this grant together and was awarded a four year grant for the hiring of 200-300 firefighters throughout the county. As part of that grant, we get basic Firefighter 1, Firefighter 11, EMT training and class reimbursements. This year we also received reimbursement for our turn out gear in the amount of$1600.00, along with being reimbursed for the cost of the three new firefighter's physicals in the amount of $5286.00. Most money goes back into our training and expert services training. Nawrocki stated he is still confused as to what we are doing. Are we getting money? Gorman indicated yes we have paid for everything up front and we are now getting some money back as a reimbursement. Motion by Nawrocki seconded by Williams to transfer from the General Fund, $3205.28 from the MBFTE, $3025.00 from the EMSRB and $600.00 from Anoka County to line item #3105, and $486.00 from the Centennial Fire District to line item #3050, and $4800.00 from the Centennial Fire District to line item #2173 of the Fire Department 2013 budget. Upon Vote: All ayes. Motion Carried. City Council Meeting Minutes Monday,August 26,2013 Page 3 of 13 6. PUBLIC HEARINGS A. Adopt Resolutions 2013-68, 4500 7th Street N.E., 2013-69 4244 4th Street N.E. 2013-70 4212 5th Street N.E., 2013-71, 1635 49th Avenue N.E., 2013-72, 1312 44th Avenue N.E. and 2013- 73, 546 38th Avenue N.E. being declarations of nuisance and abatement of violations within the City of Columbia Heights Gorman went through the properties for the Council. The first one is 4500 7t" Street in which one of the three items has now been completed. Gorman stated he has been in contact with the owner and the owner will finish them up on his own. 4244 4"' is a vacant property with a large tree and branches down in the yard and brush on the north side of the house. 4212 5th Street had an erosion problem in the public right of way. The owner is putting up a retaining wall to solve the erosion problem. At 1635 49th Avenue, there is scraping and painting of the trim that is not completed yet. 1312 44th Avenue is a foreclosure property in which the front stair is deteriorating. They are trying to work with the real-estate company, but have not heard anything back to date. And finally, at 546 38th Avenue, which is vacant, they have had problems with break in and the property needs to be boarded up. Nawrocki asked what was considered to be the hazardous situation. Gonnan indicated the fact that the property is vacant and unsecure. Nawrocki questions the payment of$400 and wanted to know who pays for that. Gorman replied, the City pays the upfront cost and then it goes on to the assessments of the property. Nawrocki wanted to know what will happen to this property and if it will be tore down. Gorman indicated that would be up to the bank. Motion by Williams, seconded by Schmitt, to close the public hearing and to waive the reading of Resolution Numbers 2013-68, 2013-69, 2013-70, 2013-71, 2013-72, and 2013-73 there being ample copies available to the public. Upon Vote: All ayes. Motion Carries. Motion by Williams, seconded by Schmitt, to adopt Resolution Numbers 2013-38, 2013-69, 2013-70, 2013-71, 2013-72, and 2013-73 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 Carries. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports—Nawrocki stated the Council received a copy of a correspondence in regards to the Dr. Good property on Central Ave and he stated the person who wrote the letter contacted him and wanted it on the agenda because they would be out of town . They indicated in the letter that they were against tearing down the property. Nawrocki indicated at the last meeting he brought up 4521 Tyler in which the fence was broken by a downed tree. The City took responsibility for removing the tree,but not for repairing the fence. Nawrocki asked if anyone on the Council has had a chance to go by and looked at property. He went on to say, that it is very well maintained and encouraged the Council members to go by. City Council Meeting Minutes Monday,August 26,2013 Page 4 of 13 Nawrocki received a letter regarding signage on Silver Lake from a resident. Mayor Peterson indicated that Kevin Hansen has addressed this and has talked with the person and they are going to widen the trail and resign it accordingly. Nawrocki believes that signage seems to be a current problem in the community. Savers had people out scraping their windows this morning and the pool hall has some gaudy signage going up. Nawrocki suggested that from 37"'north on Central the City should send out a list of requirements and regulations on signage to the business owners. Nawrocki also indicated at the last meeting he brought up about money being put back in to the budget for food and travel, the City Manager stated that it is transferred out of the contingency fund. Nawrocki still believes using the contingency is an abuse of the system and should not be done. If the Council wants to start paying for travel and meals, we should purposely put it back in budget. Nawrocki went on to say, also in regards to how we pay for bills, the state statute requires that they not be paid until the Council makes an action. He would like to know at what Council meeting that was done at. 8. ADMINISTRATIVE REPORTS Report of the City Manager Fehst stated in keeping with the Charter, we are handing out the Manager's Budget report tonight and reviewing it at the next council work session. We are staying with our five year plan. We are anticipating a levy increase of 3.68. Over the last 4 years, the majority of the residents have either had no increase or a decrease in taxes, except for about 25% of residents that did have an increase in property tax on the City and school side. The County Assessor stated this should adjust itself to some extent this year. As to the $500.000 in LGA, we went into a five year plan to start with in order to not be totally dependent on the LGA. The Council's position was to try and get off of LGA to the extent of being able to provide our own property tax that would support the operation of the City and if we receive any LGA to put it aside and use towards capital or give the resident's tax breaks. He commended Kloiber for addressing and explaining the tax holiday alternative program so well. Fehst gave an example of if we used the $500,000 LGA funds it would only yield a 1.2% decrease in the levy. If you want to maintain the revenue stream in the city, in order to make that up next year, you would have to increase the property taxes by 8.82%. This creates a bobbing and weaving pattern and staff is advising against doing this. Staff suggested putting $200,000 towards making the pools complaint, or using money for one zero entry pool or splash pad and $300,000 towards the capital fund for the library. The City continues to be dependent on fiscal disparities in the amount of 28%. Fehst wanted the Council to be aware that the Park Capital Improvement fund is down to almost nothing along with the general building fund. Nawrocki thinks there should not be a property tax increase and there should be somewhat of a reduction. As we became beneficiaries, we were not good at looking at the expenditure side of the budget. We should look at ways to reduce the expenditures. The City of Anoka has a 1-2% decrease in their proposed property taxes. They have never had an increase. We are probably one of the highest cities in the county. We have a lot of retired people and seniors living in our community and we need to keep them in mind and take that into account. Nawrocki indicated he will be looking at ways to cut back on the expenditures in this budget and reducing property taxes. Nawrocki also mentioned that the street light on Polk Place and Mulcare has been out for several days, left a message with Hansen; street is very dark without it. Report of the City Attorney—None at this time City Council Meeting Minutes Monday,August 26,2013 Page 5 of 13 9. CITIZENS FORUM Malcolm Watson, 1717 49th Avenue NE, asked what the City's total tax base was as projected for the taxes to be levied this coming year. He thought it was $984,000,000 and we have dropped to around $940,000,000. He also stated the average home price in Columbia Heights is $99,900.00 and that is also down. Fehst indicated he thought it was more around $106,000. Watson continued and asked our levy this coming year is what percent of tax base? Fehst stated he would need to get that from the Finance Director. Watson wanted to know much did it change from last year—higher or lower. Fehst stated we are proposing a 3% levy increase. Watson stated our total tax based has reduced and we have to consider that and we have to be very careful if we go out to sell bonds as the bond buyers will see all these factors and this will affect the interest we pay on the bonds. Neil Harper, 1437 Glacier, stated he was here on behalf of the Library Task Force. He wanted to ask a question for clarification about the Council adjourning this evening to a private meeting. He would like to know when the Council anticipates there will be a message or information delivered to the people from this meeting. Fehst responded, we will discuss it at the next work session. There may be a final decision; we will update the public on that. Staff has had a couple meetings and there could be a significant difference in how this deal could happen, because of some of the costs involved. Fehst stated he will have a status report at next meeting. Nawrocki inquired as to when the Council would start working on the budget. Kloiber stated we will make a presentation at work session and by September 16th we have to certify a proposed levy to the County. Fehst added, then we have three months to consider a levy and in December we will have a public hearing to act on the final levy which can be reduced but not increased. Nawrocki asked when the Council would receive the departmental detailed information on the budget. Kloiber answered by saying they are assembled after the Council sets up a proposed budget to underline these items. Nawrocki asked why they do not have the department books now to look to determine a proposed budget as those books have the detailed information in them. Kloiber stated the Manager's Budget information that he handed out tonight has that information in the budgetary amounts and it is a greater amount of detail in it. The level of detail he presented has122 pages of detail. Mayor Peterson asked that we do not forget our service men and women and keep them in your thoughts and prayers. Do not take life to seriously and enjoy it. 10.ADJOURNMENT Mayor Peterson adjourned the meeting at 7:46 PM. Tori A. L a t, City Clerk/Council Secretary City Council Meeting Minutes Monday,August 26,2013 Page 6 of 13 RESOLUTION 2013-68 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 Theodore Spasyk (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4500 7t1 Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on June 10, 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 1, 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 10, 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 July 30, 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 garage door. B. Shall repair/replace rotten trim on garage and paint to match. C. Shall repair/replace roof. 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 4500 7th Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL City Council Meeting Minutes Monday,August 26,2013 Page 7 of 13 1. The property located at 4500 7"' 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. Passed this 26"' day of August 2013 Offered by: Williams Second by: Schmitt Roll Call: All Ayes RESOLUTION 2013-69 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 Alla Abushanab (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4244 4th Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on July 29, 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 July 15, 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 July 29, 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 August 15, 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 remove large dead branches from tree in front yard and dispose of all yard waste at the curb and throughout the property. B. Shall remove the tree stump(s) in the back yard and north side of house 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). City Council Meeting Minutes Monday,August 26,2013 Page 8 of 13 CONCLUSIONS OF COUNCIL 1. That the property located at 4244 4"' Street NE. 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 4244 4"' Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. Passed this 26th day of August 2013 Offered by: Williams Second by: Schmitt Roll Call: All Ayes RESOLUTION 2013-70 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 Eduardo Tinoco (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4212 5th Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on July 25th, 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 21, 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 July 25, 2013 inspectors re-inspected the property listed above. Inspectors noted that City Council Meeting Minutes Monday,August 26,2013 Page 9 of 13 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 August 21, 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. Provide a permanent solution to prevent sediment from leaving the site on to adjacent properties and the Public ROW. 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 4212 5t1i 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 4212 5t1i 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. Passed this 26'1' day of August 2013 Offered by: Williams Second by: Schmitt Roll Call: All Ayes RESOLUTION 2013-71 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 Erbob Abdi (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1635 49t1i Avenue N.E, Columbia Heights, Minnesota. City Council Meeting Minutes Monday,August 26,2013 Page 10 of 13 And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on August 5, 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 July 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 August 5, 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 August 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 scrape and paint trim. 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 1635 49'1' 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 1635 49"' 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 26th day of August 2013 Offered by: Williams Second by: Schmitt Roll Call: All Ayes City Council Meeting Minutes Monday,August 26,2013 Page I 1 of 13 RESOLUTION 2013-72 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 Leslie Milligan (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 1312 44"' 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 August 8, 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 July 3, 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 August 8, 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 August 19, 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 or replace front stairs that are deteriorating/trip hazard. 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 1312 44"' 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 City Council Meeting Minutes Monday,August 26,2013 Page 12 of 13 1. The property located at 1312 44th 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 26th day of August 2013 Offered by: Williams Second by: Schmitt Roll Call: All Ayes RESOLUTION 2013-73 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 1I, 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 11, 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 July 26, 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 July 26, 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 July 26, 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 immediate abatement of the hazardous situation located at 546 — 38th 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 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. City Council Meeting Minutes Monday,August 26,2013 Page 13 of 13 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 26t" day of August 2013 Offered by: Williams Second by: Schmitt Roll Call: All Ayes