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HomeMy WebLinkAboutAugust 22, 1994OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 22, 1994 The Regular Council Meeting was called to order at 7:00 p.m. by Mayor Sturdevant. me Jolly, Nawrocki, Ruettimann, Peterson, Sturdevant- present 2. PLEDGE OF ALLEGIANCE e CONSENT AGENDA The following items were approved on the Consent Agenda: Approval of Minutes The Council approved the minutes of the August 8, 1994 Regular Council Meeting as presented. Establish a Hearing Date for Revocation/Suspension of a License at 1004/06 Gould Avenue The Council established a hearing date of September 12, 1994 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Harry Endthoff regarding rental property at 1004/06 Gould Avenue. Authorization to Attend Fleet Maintenance User Conference by Public Works Administrative Assistant The Council authorized the Administrative Assistant to attend the Fleet Maintenance User Conference in Clearwater, Florida, on October 2-5, 1994 and authorized the expenditure of required funds from Fund 701-49950-3105 and 701-49950-3220. Authorization to Attend APWA Conference by Shop Foreman The Council authorized the Shop Foreman to attend the APWA 1994 Internationl Public Works Congress and Exposition, September 24-29, 1994 in Chicago, Illinois and that all related expenses be reimbursed from funds budgeted in 601- 49430-3105, 602-49450-3105, 601-49430-3320 and 602-49450-3320. Authorization to Dispose of City Property The Council authorized the City Manager to dispose of Municipal Unit $0415-1986 Ford Crown Victoria at the Hennepin County auction which is scheduled for September 24, 1994. Regular Council Meeting August 22, 1994 page 2 Civil Defense Appreciation Dinner The Council authorized the expenditure of up to $2,500 from the Civil Defense budget, as budgeted in Account 101-42500- 4375 to host an annual appreciation night for the Fire and Police Reserve Units. The Mayor and City Manager are also authorized to enter into contracts as needed for this event. License Applications The Council approved the license applications as listed upon payment of proper fees as well as the rental property license applications as stated in the August 17, 1994 memo from the Assistant Fire Chief. Payment of Bills The Council approved the payment of bills as listed out of proper funds. Se APPROVAL OF CONSENT AGENDA Motion by Nawrocki, second by Jolly to approve the Consent Agenda as presented. Roll call: All ayes A resident inquired as to the status of the Hilltop sewer situation. The City Manager responded it is under negotiation. This resident also suggested that all properties be required to have their address numbers on the rear of the building. This issue is addressed on a complaint basis. He requested curb cuts be made on all blocks in the City for the safety of senior citizens. His last concern was with some sidewalk which had been removed. The City Manager advised this sidewalk had previously been designated as over fifty percent hazardous. The property owner adjacent to this sidewalk had requested it be removed and she paid for its removal. Its removal was decided by the City Manager and no public hearing was held because of its poor condition and it was not part of an on- going sidewalk system. Coun¢ilmember Nawrocki was concerned with the process used for this sidewalk removal. The resident at 4216 Seventh Street referred to a recent letter in a local newspaper which suggested there was racism involved with some decisions made regarding Sheffield Area Redevelopment. He refuted this accusation and members of the Council did also. REGULAR COUNCIL MEETING AUGUST 22,1994 PAGE 3 e A resident on 39th and Johnson Street inquired as to the process regarding award of low, responsible bid for tree removal. The process was explained to him. He noted that one diseased tree in his yard was not designated as diseased and remains in his yard. Three other diseased trees were removed by the City contractor a day before the property owner had been advised was the deadline for him to take action. He stated the associated costs were considerably higher than they would have been if he used the services of a private contractor. The City Manager had discussed compensation with this property owner. He will bring a recommendation back for Council consideration. PUBLIC HEARINGS/ORDINANCES/RESOLUTIONS a. Public Hearing - Revocation~Suspension of a License at 4156 Central Avenue The City Manager opened the Public Hearing by reviewing the outstanding violations as of July 19th. He noted that the building owner, Larry Truehart, had received notice of the Public Hearing as required by the City Code. Mr. Truehart advised he has completed all of the listed violations except installation of sod. Enforcement Officer DeMars stated that the present condition of the building is still viewed as unsafe. DeMars noted that remaining problems are with missing stucco, condition of a retaining wall and stubble on the property. Mr. Truehart responded these were new findings. DeMars noted they came to light when some outside problems were corrected. Mr. Truehart requested additional time to make these corrections. Motion by Peterson, second by Jolly to continue the Public Hearing until the October 10, 1994 Regular Council Meeting. Roll call: All ayes DeMars requested the re-inspection of the property be scheduled by October 5th. b. Public Hearing - Revocation/Suspension of a License. 2215 45th Avenue The Public Hearing was opened with the City Manager summarizing the violation reports which addressed eighteen violations. The property owner was duly notified of this public hearing as were the tenants. The property has been posted. REGULAR COUNCIL MEETING AUGUST 22, 1994 PAGE 4 The next door neighbor advised this house has been a problem for fifteen years. He cited numerous problems he has experienced on his property because of poor or no maintenance at 2215 45th Avenue. He also stated there have been many police calls to this address over the years. It is his opinion that the current tenants are very good and try to do some maintenance. Neither the owner nor the tenants were present for rebuttal or comments. Motion by Ruettimann, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 94 - 50 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY KUNAL C. KAMRAN (HEREINFER "LICENSE HOLDER"). WHEREAS, License Holder is the legal owner of the real property located at 2215 NE 45th Avenue, Columbia Heights, Minnesota; and WHEREAS, pursuant to Columbia Heights Code Section 5.104(1)(A), written notice setting forth the causes and reasons for the proposed council action contained herein was given to the license holder on August 16, 1994, of a public hearing to be held on August 22, 1994. 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 22, 1994, Enforcement Officer, Gary Gorman, for the City of Columbia Heights, inspected the real property and incidental buildings located thereon at 2215 NE 45th Avenue, within the City of Columbia Heights, Minnesota, and owned, according to the application for rental license on file for the above-described real property by Kunal C. Kamran. REGULAR COUNCIL MEETING AUGUST 22, 1994 PAGE 5 2. Based upon said inspection of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and Licensing Rental Units were found to exist, to wit. See Attached Compliance Order 3. 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 Section 5A.306(1) and 5A.303(1)(d). TONCLUSIONS OF COUNCIL 1. That the building located at 2215 NE 45th Avenue is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the License Holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number 10073 is hereby revoke. 2. The City shall post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; REGULAR COUNCIL MEETING AUGUST 22, 1994 PAGE 6 3. Ail tenants shall remove themselves from the premises within 60 days from the first date of posting of this Order revoking the license as held by License Holder. Passed this 22nd day of August, 1994. Offered by: Seconded by: Roll call: Ruettimann Peterson Ail ayes ATTEST: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary c. Public Hearing - Revocation or Suspension of a License, 4616 Tyler Street and 4622 Tyler Str~t Motion by Peterson, second by Ruettimann to close the Public Hearing regarding the revocaton or suspension of the rental licenses held by William Lueck regarding rental properties at 4616 Tyler Street and 4622 Tyler Street in that he has complied with provisions of the Housing Maintenance Code. Roll call: Ail ayes d. Public Hearing - Amendment to Fiscal Year 1994 Community Development Block Grant Program Motion by Ruettimann, second by Peterson to approve the amendment to the 1994 Community Development Block Grant Program with $101,152 being transferred from Housing Rehabilitation (#453) to Neighborhood Revitalization (#420) with the new budget for the 1994 program as follows: #428 Public Service Grants #430 Neighborhood Revitalization #453 Housing Rehabilitation TOTAL $16,110.00 $240,152.00 $30,000.00 $286,262.00 Roll call: Ail ayes Resolution No. 94-51: Authorizin~ Sheffield Property Purchases. 4648-50 Pierce Street ~Donald J. and Mariann REGULAR COUNCIL MEETING AUGUST 22, 1994 PAGE 7 The City Manager explained why the purchase price of this property is higher than other properties bought in this area. Motion by Peterson, second by Ruettimann to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes ~OLUTION NO. 94 - 51 RESOLUTION OF THE CITY COUNCIL OF T~E CITY OF COLUMBIA HEIGHTS, MINNESOTA AUTHORIZING THE PURCHASE OF 4648-50 PIERCE STREET LOCATED IN THE SHEFFIELD NEIGHBORHOOD WHEREAS, the City Council of the City of Columbia Heights, (the "City") and the Housing and Redevelopment Authority in and for the City of Columbia Heights (the "Authority") have jointly prepared a Redevelopment Plan for the Sheffield Neighborhood entitled "The Sheffield Neighborhood Revitalization Program (the "Redevelopment Plan"); and WHEREAS, the City and the Authority have found within the Sheffield Neighborhood there exists conditions of deterioration, substandard residential structures, residential units in need of repairs which are in violation of the City Housing Code and City Ordinances or there exists a need for intervention by the City to prevent further deterioration of the area, and WHEREAS, the City has an option to acquire one such non-owned occupied duplex pursuant to the Purchase Agreement by and between the City of Columbia Heights and Donald J. and Mariann Alsum (the "Sellers")' and the Purchase Agreements were signed by the Seller(s) and are provided herewith;and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia Heights that: (1) The City Council hereby approves the terms of the Purchase Agreement between the City and Donald J. and Mariann Alsum and authorizes the Mayor and City Manager to sign it on behalf of the City at a purchase price of $73,000. (2) The City Council hereby authorizes the City Manager to handle all the requirements and conditions in order for the City to complete the transaction contemplated in the Purchase Agreement. REGULAR COUNCIL MEETING AUGUST 22, 1994 PAGE 8 (3) (4) The City Council approves an interim source of funding from Capital Improvement Fund 410 in the amount of $73,000 plus $2,000 so the City may acquire the real property as provided in the Purchase Agreements. The interim sources of financing of Capital Improvement Fund 410 shall be repaid from sources of permanent financing as set forth in Resolution 94-40 (Approving the Development Project Budget for 4600 block between Pierce Street and Fillmore Street). Passed this 22nd day of August, 1994. Offered by: Seconded by: Roll call: Peterson Ruettimann Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary f. ~esolution No. 94-52: Authorizing Sheffield Property Purchase. 4624-26 Pierce Street (Dalseth% The City Manager advised that at this point in time a purchase price has not been negotiated. Negotiations will continue but passage of this resolution would authorize the purchase through eminent domain if necessary. Motion by Nawrocki, second by Jolly to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes ~ESOLUTION NO. 94 - 52 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA AUTHORIZING THE ACQUISITION OF PROPERTY BY EMINENT DOMAIN PROCEEDINGS TO ACQUIRE FEE SIMPLE TITLE WHEREAS, the City Council of the City of Columbia Heights has determined that there is a need to acquire blighted property for the purpose of redevelopment. Pursuant to that goal, it has established the Sheffield Neighborhood Revitalization Plan to acquire such blighted property; and REGULAR COUNCIL MEETING AUGUST 22, 1994 PAGE 9 WHEREAS, the City Council believes that the acquisition of the property described below is reasonably necessary and convenient to the furtherance of these objectives and will promote the health, safety and welfare of the City's residents and is in accord with the public purpose and provisions of applicable state and local laws; and WHEREAS, the City has been unable to successfully negotiate the acquisition of the following described property, located in the City of Columbia Heights, County of Anoka, State of Minnesota, to-wit: That part of the North 60 feet of Lot 14 lying East of the West 25 feet thereof, also the North 60 feet of the West 35 feet of Lot 15, all in Block 1, Sheffield's Subdivision (PIN #25-30-24-34-0060)(4624-26 Pierce Street NE). NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the acquisition of said land by eminent domain pursuant to Minnesota Statutes, Chapter 117. BE IT FURTHER RESOLVED, that the City Attorney is requested to file the necessasry petition therefor and to prosecute such action to a successful conclusion or until it is abandoned, dismissed or terminated by the City Council or the court. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, THIS 22ND DAY OF AUGUST, 1994. Motion by: Seconded by: Roll call: Nawrocki Ruettimann Ail ayes ATTEST: Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary g. Resolution No. 94-53; Authorizing City Manager to Request Proposals for Redevelopment of 4600 Block Between Pierce and Fillmore Street fSheffield Neiahborhood RedeveloDment% Motion by Ruettimann, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes REGULAR COUNCIL MEETING AUGUST 22, 1994 PAGE 10 Some members of the Council felt the criteria of the RFP was too general and needed to have included some of the specifics which were discussed at a prior meeting. It was recommended that some of the comments regarding garage size, lot dimensions and other considerations beadded to the evaluation criteria. The City Manager suggested that a #7 be added to the evaluation criteria to require that a proposal include information which was compatible with the City's design criteria. It was also suggested that the language in the RFP be changed to reflect more than one developer. RESOLUTION NO. 94 - 5~ RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA APPROVING REQUESTING REDEVELOPMENT FOR TE 4600 BLOCK BETWEEN PIERCE STREET AND FILLMORE STREET (SHEFFIELD NEIGHBORHOOD REDEVELOPMENT) WHEREAS, as per the request of the City Council, a Request for Proposals (RFP) has been prepared by McCombs Frank Roos Associates for the redevelopment of the 4600 Block between Fillmore and Pierce Streets in the Sheffield Neighborhood Redevelopment Project Area; WHEREAS, the subject RFP has been reviewed by the City staff and City Council and found to be satisfactory; NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Columbia Heights that: (1) The "Request for Proposals for Builder/Developer Site Improvements, New Home Construction, and Marketing Within the 4600 Block of Fillmore and Pierce" is hereby approved. (2) The City Manager and HRA Executive Director are hereby authorized to seek proposals from developers/builders for the redevelopment of the subject property in accordance with the approved RFP. Approved this 22nd day of August, 1994. Motion by: Seconded by: Roll call: Ruettimann Peterson Ail ayes Mayor Joseph Sturdevant REGULAR COUNCIL MEETING AUGUST 22, 1994 PAGE 11 ATTEST: Jo-Anne Student, Council Secretary COMMUNICATIONS a. Ethics Policy Motion by Ruettimann, second by Peterson to authorize the City Manager to distribute the memo dated August 19, 1994 regarding gifts and gratuities to all City employees. Roll call: All ayes b. Cable Legislation Letter Councilmember Nawrocki distributed copies of a letter he sent on behalf of Council regarding cable television legislation to the two state senators. c. Letter of Support Councilmember Nawrocki distributed copies of a letter of support he sent on behalf of a proposed tenant in a building on 40th and Central Avenues. He also met with the representative of the owner of the building to tour the building. d. Citizen's League Property Tax Survey Councilmember Nawrocki addressed information regarding a property tax survey recently conducted by the Citizen's League. He specifically addressed comparisons of property taxes in Columbia Heights and other communities. OLD BUSINESS a. Award Contract for Storm Sewer Improvements at LaBelle Pond Motion by Nawrocki, second by Jolly to award the contract for peripheral storm sewer improvements at LaBelle Pond to Dave Perkins Contracting of Ramsey, Minnesota, based on their low, responsible quote of $10,340.00 payment to be made from Fund 412-59008-5130 and to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes REGULAR COUNCIL MEETING AUGUST 22, 1994 PAGE 12 b. Letter From Cable Company Mayor Sturdevant received a letter from a representative of Meredith Cable Company. The local cable facility incurred a fire and vandalism/theft. The letter recognized the efforts of the City's Fire and Police Departments and expressed gratitude to the people in these departments. c. Fridle¥/Columbia Heiahts Storm Sewer Project Councilmember Nawrocki inquired as to the status of this joint project. The Public Works Director responded he will be meeting with the Fridley Public Works Director and a consultant to draft bid specifications for this project. Work is currently being done on planning the landscaping portion of the project. It is expected the project will be completed this year. 0 NEW BUSINESS a. Bids for Replacement of Dump Truck Motion by Nawrocki, second by Ruettimann to reject all bids for a new tandem axle dump truck. Roll call: All ayes (This issue was addressed again later in the Council meeting) b. Sealcoating Rock Councilmember Nawrocki has noticed a significant amount of rock remaining on the streets which was part of the sealcoating project. He was advised that the sweeping portion of this project has not been completed yet. c. Police Department Personnel/Second Job~ Councilme~ber Nawrocki had received an inquiry from a resident regarding any possible exposure the City of Columbia Heights may have with second jobs held by police officers/personnel. This inquiry came as a result of the problems recently experienced by the City of Minneapolis. The City Attorney spoke to this issue. The City Manager stated he will prepare a response. REGULAR COUNCIL MEETING AUGUST 22, 1994 PAGE 13 d. Resignation of Assistant Building Inspector Councilmember Nawrocki has been advised that the Assistant Building Inspector has resigned. Previously, Councilmember Nawrocki had indicated an interest in having this position tied in with the Fire Department. A replacement and/or the future of the position will be discussed. e. Budget Format/Omission Councilmember Nawrocki stated he found the new format for the budget very readable and it contains more information. He did think the omission of an estimate of the current year's expenditure column should be corrected. The City Manager advised he had requested updated budget information from department heads. f. Council Work Sessions Councilmember Nawrocki noted that no Council work sessions had been scheduled for this week. The City Manager advised he is working on a three/four month calendar for work sessions. g. ~ouses Being Moved From Sheffield Neighborhood Councilmember Jolly inquired as to the progress made in moving the buildings out of the Sheffield Neighborhood. The City Manager responded that five have been moved out of town and four more are up on blocks awaiting a move. Bids for Replacement of Dump Truck Councilmember Nawrocki advised that the intention of his motion to reject these bids was only that. He did not include in his motion authorizing staff to rebid this equipment. Motion by Ruettimann, second by Peterson to reject all bids for a new tandem axle dump truck and to authorize staff to rebid this equipment. Roll call: Jolly, Ruettimann, Peterson, Sturdevant - aye Nawrooki - nay h. Purchase of Postage Machine and Electronic Scale The Finance Director advised that the Assistant Finance Director took proposals for this equipment and did not go out for bids. REGULAR COUNCIL MEETING AUGUST 22, 1994 PAGE 14 10. Councilmember Nawrocki questioned the acceptability of this process. He feels the practice of preparing bid specifications and seeking the low, responsible bid was preferable. Motion by Peterson, second by Ruettimann to authorize the Mayor and City Manager to enter into a contract for the purchase of a mail machine, office scale, interface and stand from Pitney Bowes at a total cost of $5,696 from 431-41940- 5180, Capital Equipment Replacement Fund. Roll call: Jolly, Ruettimann, Peterson, Sturdevant - aye Nawrocki - abstain REPORTS a. Report of the City Manager The City Manager's report was submitted in written form and the following items were discussed: Woodchuck Problems on Chatham Road; Councilmember Ruettimann circulated a letter received from a resident on Chatham Road who has had on-going problems with woodchucks on her property. Staff from the Minneapolis Water Works have made attempts to permanently correct the problem but they have continued. Councilmember Ruettimann felt the problems could spread from that location and needed to be responded to. Closing of Silver Lake Beach; A response was received regarding the closing of Silver Lake Beach. It was noted that traditionally it closed the first week in August. Councilmember Nawrocki felt this had not always been the case. He suggested that since the water quality still appeared to be very good the closing was premature. He also observed that there are still some funds left in the budget for this item. Transfer of Title for Property: The City Attorney gave his findings regarding the purchase of property by Mr. & Mrs. Fierst. The title transfer has not been completed because the Anoka County Recorder returned it to the City because of some deficiencies in the paperwork. He will follow up on this matter to its conclusion. Ethics Bill: Councilmember Ruettimann requested the City Attorney to gather some information on the new Ethics Bill. He has been advised that the municipal ethics bill falls under Section 211 coordinated by county attorneys rather than by the State Ethics Board. County attorneys are addressing a uniform interpretation. REGULAR COUNCIL MEETING AUGUST 22, 1994 PAGE 15 Garbaae ComplaiD~s: Councilmember Nawrocki recalled the contract with a previous garbage hauler included language which required property owner garbage complaints to be taken by City staff. The hauler also was to come to City Hall daily to take care of them. He noted that if refuse was not picked up by the hauler, the driver was to leave a note for the property owner advising why this material was left. Councilmember Nawrocki felt since the City handles the billing, City staff should have knowledge of the performance of the hauling company. The Administrative Assistant responded that a change has taken effect whereby City staff is once again taking the complaint calls. Explanation tags are also being left by the drivers. Other issues will be addressed again. b. Report of the City Attorney The City Attorney had nothing more to report. ADJOURNMENT Motion by Ruettimann, second by Peterson to adjourn the Council Meeting at 10:01 p.m. Roll call: All ayes o-Anne Student, Council Secretary