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Regular City Council Meeting Monday, July 14, 2008 Page. l l City Permit Coordinator, Don Munson, reviewed the background of this property since 2006 for violations of City Code at 511 Hilltop Avenue, as detailed in the staff report dated July 14, 2008, and this complaint initiated by a resident of the neighborhood. Current violations were reviewed and documented by current pho- tos taken earlier in the day. Discussion included status of and materials for the guardrail originally required by the city; notice to property owner in January for correction by June, followed by another notice, and lack of response to those letters or phone calls from staff; and rationale originally given by the property owner in not resolving code viola- tions when last discussed (10 years ago) that this was a rental property and it didn't provide enough income to maintain it. The property owner was not in attendance at tonight's meeting. Pust moved, Roe seconded, directing staff to abate public nuisance violations at 511 Hilltop Avenue by hiring a general contractor to correct existing code viola- tions, asdetailed in the Request for Council Action dated July 14, 2008, at an es- timated cost of approximately $7,750.00; and further directing that the property owner be billed for all actual and administrative costs; and if those charges remain unpaid, staff is to recover costs as specified in Minnesota Statute, Section 407.07B; with costs to be reported to the City Council following the abatement. Roll Call Ayes: Roe; Pust; Willmus; Ihlan and Klausing. Nays: None. b. Consider an Ordinance Relating to Title 10 Non-Conforming Structures/Uses Text Amendments (PROJ0014) Community Development Director Patrick Trudgeon reviewed recent text modifi- cations prepared by the Planning Division and City Attorney, as detailed in the staff report dated July 14, 2008; to better adhere to recent revisions made. by the State Legislature to Chapter 462.357 Subdivision le (Nonconformities), providing additional protection to property owners, and affording the City flexibility of ex- isting codes and/or policies. Mr. Trudgeon noted that, in his subsequent review of the staff report, he found that the ordinance should include the second exception in Section B, as well as in Section A of Chapter 1012.02 Existing Structures of Uses of Chapter 1012, Non- conforming Use. Mr. Trudgeon proposed to bring the proposed amendments back on a future consent agenda with those corrections if the City Council didn't feel comfortable accepting them tonight. Discussion included adoption of the legislation during the 2006 legislative ses- sion, and these amendments part of staffls "to do" list for Council consideration;