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HomeMy WebLinkAboutAugust 8, 1994OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 8, 1994 The Regular Council Meeting was called to order at 7:00 p.m. by Mayor Sturdevant. 1. ROLL CALL Jolly, Nawrocki, Ruettimann, Peterson, Sturdevant - present 2. pLEDGE OF ALLEGIANCE 3. CONSENT AGENDA The following items were approved on the Consent Agenda: Approval of Minutes The Council approved the minutes of Meeting of July 25, 1994 as presented. the Regular Council Resolution No, 94-48: DesiqDating Election Judges for 1994 Primary and General Elections RESOLUTION NO. 94 - 48 BEING A RESOLUTION DESIGNATING ELECTION JUDGES FOR 1994 PRIMARY AND GENERAL ELECTIONS Pursuant to City Charter, Section 30 and M.S.S. 204A, the Council shall appoint, at least twenty-five (25) days before election, qualified voters in each election district to be judges of election. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights does appoint the attached list of judges, by precinct, for the Primary Election to be held on September 13, 1994, and the General Election to be held on November 8, 1994, with an hourly remuneration of $ 9.50 for a head judge and $ 9.00 for an election judge. Passed this 8th day of August, 1994. Offered by: Seconded by: Roll call: Nawrocki Jolly Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Regular Council Meeting August 8, 1994 page 2 ~stablish Hearing Date for Revocation/Suspension of a License a~ 4~6 Central Avenue Northeast The Council established a hearing date of August 22, 1994 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Larry Truehart regarding rental property at 4156 Central Avenue Northeast. Establish Hearing Date for Revocation/Suspension of a License at 4616/4622 Tyler Street Northeast The Council established a hearing date of August 22, 1994 for revocation or suspension of a license to operate a rental property within the city of Columbia Heights against William Lueck regarding rental property at 4616/4622 Tyler Street Northeast. Establish Hearing Date for Revocation/Suspension of a License at 2215 45th Avenue Northeast The Council established a hearing date of August 22, 1994 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Mr. Kunal Kamran and Mrs. Viver Kamran at 2215 45th Avenue Northeast. ~stablish Date for Public Hearing. County Road 104 Turnback The Council set a public hearing date for September 26, 1994 at 7:00 p.m. in the City Council Chambers in order to receive public comment on the proposed turnback of C.R. 104 to the City. ~tab~ish Date for Public Hearing - Curb & Gutter. Main Street from 44th Avenue to 45th Avenue The Council established a public improvement hearing date for September 12, 1994 at 7:00 p.m. in the City Council Chambers for curb and gutter installation on Main Street between 44th Avenue and 45th Avenue. Request to Serve Beer - Sullivan Lake Park. Pat Rosenber~ The Council approved the request from Pat Rosenberg, 3936 Reservoir Boulevard, Columbia Heights, Mn., to serve 3.2 beer at a picnic on Thursday, August 25th from 5:00 to 9:00 p.m. ~00 Club Request to Hold the Ninth Kielbasa Days Celebration The Council authorized the 500 Club to serve beer and have live music in their parking lot on September 10 and 11, 1994 from 3:00 to 8:00 p.m. each day in conjunction with their Ninth Annual Kielbasa Days Celebration at 500 40th Avenue Northeast. REGULAR COUNCIL MEETING AUGUST 8, 1994 PAGE 3 Traffic Commission Minutes These minutes were for informational purposes only. No Council action was required. Conditional Use Permit - Rainbow Foods. 4300 Central Avenum The Council approved the conditional use permit to allow the temporary use of a 30 foot by 60 foot tent from August 27 - 29, 1994 in the easterly parking area provided a $500 deposit is submitted prior to installation to assure removal byAugust 30, 1994. Special PurDose Fence - Linda Mehner. 4055 Jefferson Street The Council approved the six (6) foot high special purpose solid board privacy fence for 4055 Jefferson Street. Special Purpose Fence - Sidney Anderson. 3931 Ouinc¥ Street The Council approved the five (5) foot high solid board privacy fence at 3931 Quincy Street. License Applications The Council approved the license applications as listed upon payment of proper fees. Payment of Bills The Council approved the payment of the bills as listed out of proper funds. APPROVAL OF CONSENT AGENDA Motion by Nawrocki, second by Jolly to approve the Consent Agenda. Roll call: All ayes e Councilmember Nawrocki inquired if the concerns expressed regarding signage approved for the alley between 46th and 47th Avenues was clarified to the resident who brought this matter to the Council. The City Manager responded that it has been clarified and the resident understands. The City Manager introduced James Hoeft, the new City Attorney. 0 PUBLIC HEARINGS/RESOLUTIONS/ORDINANCES a. Public Hearing - Revocation/Suspension of a License, 5049\51 Jackson Street Northeast REGULAR COUNCIL MEETING AUGUST 8, 1994 PAGE 4 The City Manager noted that the resolution contains the Findings of Fact and Council Conclusions. This public hearing was established at the July 26, 1994 Council Meeting. Currently, one half of this building is occupied by a tenant. This is an ordinanoe violation as it is not presently licensed. The owner and the tenant were notified by mail of this public hearing and advised they would have an opportunity for input and rebuttal. The City Manager read all of the violations identified on the report from the Inspector. He summarized all of the occasions when the premises was tagged for non-compliance. Problems with this property date back to 1991. Ms. Haugen, representing ROI Properties, advised that her firm manages the property. She noted that about $4,000 of improvements have been done on the occupied side of the building. She was not aware there was no license. She acknowledged there are still deficiencies in the unoccupied side. The last time she spoke with the owner, he indicated he currently has no funds to do any further improvements. The City Manager stated there are still improvements to be made in the common areas of the building. If the resolution is adopted the tenants will have sixty days to move out. The Inspector advised the last inspection was made in July of 1994. At that time, he was told by a workman on the premises no further improvements would be made as there was no more money available. 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 Councilmember Ruettimann felt adoption of the resolution was justified in that the management firm representative commented there are no funds available to do further repairs. RESOLUTION NO. 94-45 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RENTAL LICENSE HELD BY GERALD R. ANDERSON (HEREAFTER "LICENSE HOLDER). REGULAR COUNCIL MEETING AUGUST 8, 1994 PAGE 5 WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 5049/51 JACKSON STREET N.E., 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 JULY 26, 1994, OF A PUBLIC HEARING TO BE HELD ON AUGUST 8, 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 21, 1994, ENFORCEMENT OFFICER, LOWELL DEMARS, FOR THE CITY OF COLUMBIA HEIGHTS, INSPECTED THE REAL PROPERTY AND INCIDENTAL BUILDINGS LOCATED THEREON AT 5049/51 JACKSON STREET N.E., 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 GERALD R. ANDERSON. 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). CONCLUSIONS OF COUNCIL 1. THAT THE BUILDING LOCATED AT 5049/51 JACKSON STREET N.E. 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. REGULAR COUNCIL MEETING AUGUST 8, 1994 PAGE 6 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 20232 IS HEREBY REVOKED/SUSPENDED (CROSS OUT ONE); 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; 3. ALL 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 THE LICENSE HOLDER. PASSED THIS 8TH DAY OF AUGUST, 1994. OFFERED BY: SECONDED BY: ROLL CALL: Ruettimann Peterson Ail ayes MAYOR JOSEPH STURDEVANT JO-ANNE STUDENT, COUNCIL SECRETARY Councilmember Nawrocki requested HRAstaff contact the tenants to assist with their relocation if it is desired. b. Second Reading - Ordinance No. 1291. Pertaining tQ Housing Maintenance Code as it Relates to Inspection and Enforcement Councilmember Nawrocki questioned the need for delineating the authority to inspect owner/occupied dwellings. He noted there has always been the option to acquire a court order for this purpose if a problem appeared to exist. The Fire Inspector advised that such problems have existed and the acquisition of court orders has been done to enter the premises. REGULAR COUNCIL MEETING AUGUST 8, 1994 PAGE 7 Councilmember Nawrocki read the ordinance deleting the language he wanted removed. ORDINANCE NO. 1291 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE AUTHORITY OF THE CITY TO INSPECT PROPERTIES The City of Columbia Heights does ordain: Chapter 5A, Article III, Section 1, Subsection 1, (5A.301[1]) of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: 5A.301(1) Inspection and Enforcement Section 1: Enforcement and Inspection Authority The City Manager and his/her designated agents shall be the Building Official who shall administer and enforce the provisions of the Ordinance. Inspection shall be conducted during reasonable hours, and upon request, the Building official shall present evidence of his/her official capacity to the owner, occupant, or person in charge of a dwelling unit sought to be inspected. is herewith amended to read, 5A.301(1) Inspection and Enforcement Section 1: Enforcement and Inspection Authority The City Manager and his/her designated agents, as the Building Official who shall administer and enforce the provisions of this ordinance, may enter for the purpose of inspection, any rental dwelling (whether it be standing alone or as a unit in a larger complex of units), or premises, upon twenty-four.(24) hours notice to the owner, occupant, manager, or person in charge of the rental dwelling or premises. Inspection shall be conducted during reasonable hours, and upon request the Building official shall present evidence of his/her official capacity to the owner, occupant or person in charge of a dwelling unit sought to be inspected. With regard to owner occupied single family dwelling units, the Building Official shall have the authority to enter onto the premises, during reasonable hours, for inspection of the exterior of the building. REGULAR COUNCIL MEETING AUGUST 8, 1994 PAGE 8 First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll call: July 25, 1994 August 8, 1994 August 8, 1994 Nawrocki Jolly Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary c. Second Reading - Ordinance No. 1292, Pertaining to the Housing Maintenance Code as it Relates to the Right of Appeal Motion by Ruettimann, second by Nawrocki to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 1292 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AS AMENDED, PERTAINING TO THE HOUSING MAINTENANCE CODE The City of Columbia Heights does ordain: Section 1: Chapter 5A, Article III, Section 5, of Ordinance No. 853, City Code of 1977, as amended, which currently reads as follows, to wit: Section 5: Right of Appeal 5A.305(1) When a person to whom a Compliance Order is directed alleges that such Compliance Order is based upon erroneous interpretation of the Ordinance or upon a misstatement or mistake of fact, such person may appeal as set forth in S6.202(1) is herewith amended to read, Section 5: Right of Appeal REGULAR COUNCIL MEETING AUGUST 8, 1994 PAGE 9 5A.305(1) When a person to whom a Compliance Order is directed alleges that such Compliance Order is based upon erroneous interpretation of the Ordinance or upon a misstatement or mistake of fact, such person may appeal as set forth in 5A.306. Section 2: Chapter 5A, Article III, Section 6, of Ordinance No. 853, City Code of 1977, as amended, which currently reads as follows, to wit: Section 6: Board of Appeals 5A.306(1) Upon at least five (5) business days notice to the appellant of the time and place for hearing the appeal and within 30 days after said appeal is filed, the Board of Appeals shall hold a hearing thereon. All hearing notices shall be given in the same manner prescribed for giving notice of Compliance Orders under 5A.303(1). All appeals shall be conducted in accordance with Sec. 203, Uniform Housing Code, 1985 edition, International Conference of Building Officials. is herewith amended to read: Section 6: Board of Appeals 5A.306(1) The Planning and Zoning Commission shall be the Board of Appeals. All appeals shall be filed within 45 days from the date of service of Compliance Order pursuant to 5A.303(1), and upon at least five (5) business days notice to the appellant of the time and place for hearing the appeal and within 30 days after said appeal is filed the Board of Appeals shall hold a hearing thereon. All hearing notices shall be given in the same manner prescribed for giving notice of Compliance Orders under 5A.303(1). All appeals shall be conducted in accordance with Sections 1201 - 1305, Uniform Housing Code, 1985 edition, International Conference of Building officials, except as herein modified. Failure of any person to file an appeal in accordance with 5A.306(1) shall constitute a waiver of his/her right to an administrative hearing and adjudication of the notice and order or to any portion thereof. Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. REGULAR COUNCIL MEETING AUGUST 8, 1994 PAGE 10 First Reading: Second Reading: Date of Passage: July 25, 1994 August 8, 1994 August 8, 1994 Offered by: Seconded by: Roll call: Ruettimann Nawrocki Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary d. Second Readina - Ordinance No. 1276. Pertaining to the Housing Maintenance Code as it Relates to the Penalties for Violations Motion by Ruettimann, second by Nawrocki to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO,. 1~76 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AS AMENDED, PERTAINING TO PENALTIES FOR VIOLATION OF THE HOUSING MAINTENANCE CODE The City of Columbia Heights does ordain: Section 1: Chapter 5A, Article VI, Section 1 of Ordinance No. 853, City Code of 1977, as amended, which currently reads as follows, to wit: 5A.601 No person, firm, corporation, or licensee shall own and maintain or operate or rent to any other person for occupancy any rental dwelling, rental dwelling unit, or premises in which a rental dwelling unit is located in violation of Chapter 5A, Article II (S5A.201, et.seq.), maintenance standard. is herewith amended to read, REGULAR COUNCIL MEETING AUGUST 8, 1994 PAGE 11 5A.601 No person, firm, corporation, or licensee shall own and maintain or operate or rent to any other person for occupancy any rental dwelling, rental dwelling unit, or premises in which a rental dwelling unit is located in violation of Chapter 5A, Article II (S5A.201, et. seq.), maintenance standard. No person shall be charged under this section, until such time as there has been an opportunity for a hearing or a waiver of said hearing pursuant to Sections 5A.305(1) and 5A.306(1). Section 2: Chapter 5A, Article VI, Section 9, of Ordinance No. 853, City Code of 1977, as amended, which currently reads as follows, to wit: 5A.609 No person may occupy a dwelling or property posted pursuant to S5A.304. is herewith amended to read, 5A.609 No person may occupy a dwelling or property posted pursuant to S5A.304. No person shall be charged under this section, until such time as there has been an opportunity for a hearing or a waiver of said hearing pursuant to Sections 5A.305(1) and 5A.306(1). Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: July 25, 1994 August 8, 1994 August 8, 1994 Offered by: Seconded by: Roll call: Ruettimann Jolly Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary e. Second Reading - Ordinance No. 1275. Pertaining to the Housin~ Maintenance Code as it Relates to the Compliance Order and Posting to Prevent Occupancy Motion by Ruettimann, second by Peterson to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes REGULAR COUNCIL MEETING AUGUST 8,1994 PAGE 12 QRDINANCE NO. 1275 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AS AMENDED, PERTAINING TO THE HOUSING MAINTENANCE CODE The City of Columbia Heights does ordain: Section 1: Chapter 5A, Article III, Section 3, of Ordinance No. 853, City Code of 1977, as amended, which currently reads as follows, to wit: Section 3: COMPLIANCE ORDER 5A.303(1) Whenever the Building Official determines that any dwelling, dwelling unit or premises surrounding any of these fails to meet the provisions of this ordinance, he/she may issue a Compliance Order setting forth the violations of the Ordinance and ordering the owner, occupant, operator or agent to correct such violations. The compliance order shall: (a) Be in writing; (b) Describe the location and nature of the violations of this code; (c) Establish a reasonable time not greater than 6 months for the correction of such violation and advise the person to whom the notice is directed of the right to appeal; and (d) Be served upon the owner or his/her agent or the occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is: (i) (ii) (iii) Served upon him/her personally, Sent by certified mail return receipt requested to his/her last known address, or Upon failure to effect notice through (i) and (ii) as set out in this section, posted at a conspicuous place in or about the dwelling which is affected by the notice. is herewith amended to read, Section COMPLIANCE ORDER 5A.303(1) Whenever the Building Official determines that any dwelling, dwelling unit or premises surrounding any of these, fails to meet the provisions of this ordinance, he/she may issue a Compliance Order setting forth the violations of the ordinance and ordering the owner, occupant, operator or agent to correct such violations. The Compliance Order shall: REGULAR COUNCIL MEETING AUGUST 8, 1994 PAGE 13 (a) (b) (c) (d) Be in writing; Describe the location and nature of the violations of this Code: Establish a reasonable time not greater than 6 months for the correction of such violation and advise the person to whom the notice is directed of the right of appeal; and Be served upon the owner or his/her agent, as the case may require and upon the tenant(s) of the affected dwelling or dwelling units. Such notice shall be deemed to be properly served upon such owner or agent, if a copy thereof is: (i) Served upon him/her personally, (ii) Sent by certified mail return receipt requested to his/her last known address, or (iii) Upon failure to effect notice through (i) and (ii) as set out in this section, posted at a conspicuous place in or about the dwelling which is affected by the notice. SECTION 2: Chapter 5A, Article III, Section 4, of Ordinance No. 853, City Code of 1977, as amended, which currently reads as follows, to wit: Section 4: Posting to Prevent Occupancy 5A.304(1) The Building Official may post any building or structure covered by this ordinance as being in direct violation of the ordinance preventing further occupancy. Posting will occur if any owner, agent, licensee or other responsible person has been notified by inspection report of the items which must be corrected within a certain stated period of time and that the corrections have not been made. Current occupants shall have not more than 60 days to vacate a posted property. Current occupants shall vacate posted property immediately if such occupancy will cause imminent danger to the health or safety of the occupants. No person, other than the Building Official or his representative, shall remove or tamper with any placard used for posting. No person shall reside in, occupy or cause to be occupied any building, structure or dwelling which has been posted to prevent occupancy. REGULAR COUNCIL MEETING AUGUST 8, 1994 PAGE 14 is herewith amended to read, Section 4: Posting to Prevent Occupancy 5A.304(1) The Building Official may post any building or structure covered by this ordinance as being in direct violation of the ordinance preventing further occupancy. Posting will occur if any owner, agent, licensee or other responsible person has been notified, by inspection report, of the items which must be corrected within a certain stated period of time, and that the corrections have not been made. Upon the posting of any dwelling or dwelling unit(s), the tenant or occupant of said dwelling or dwelling unit(s),shall be given notice of the posting. Current occupants shall have not more than 60 days to vacate a posted property. Current occupants shall vacate posted property immediately if such occupancy will cause imminent danger to the health or safety of the occupants. No person, other than the Building Official or his representative, shall remove or tamper with any placard used for posting. No person shall reside in, occupy or cause to be occupied any building, structure or dwelling which has been posted to prevent occupancy. SECTION 3: Chapter 5A, Article 4, Section 8 of Ordinance No. 853, as amended, which currently reads as follows, to wit: Section 8: Suspension or Revocation 5A.408(1) A license issued or renewed under this section may be revoked or suspended upon a finding of non-compliance with the provisions of this Chapter. Reinstatement of a suspended license shall be accompanied by an amount to 50% of the license fee. Issuance of a new license after suspension or revocation shall be made in the manner provided for obtaining an initial license. Revocation and suspension procedures shall be those prescribed in Chapter 5 of the City Code. is herewith amended to read: Section 8: Suspension or Revocation 5A.408(1) A license issued or renewed under this section may be revoked or suspended upon a finding of non-compliance with the provisions of this Chapter. REGULAR COUNCIL MEETING AUGUST 8, 1994 PAGE 15 Reinstatement of a suspended license shall be accompanied by an amount equal to 50% of the license fee. Issuance of a new license after suspension or revocation shall be made in the manner provided for obtaining an initial license. Revocation and suspension procedures shall be those prescribed in Chapter 5 of the City Code, additionally however, a Statement of Cause and a Notice of Public Hearing shall also be served upon each tenant or occupant of the affected dwelling or dwelling unit(s). At said public hearing the tenant(s) or occupants shall be given an opportunity to be heard by the City Council. SECTION 4: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: July 25, 1994 August 8, 1994 August 8, 1994 Offered by: Seconded by: Roll call: Ruettimann Peterson All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary f. Resolution Adopting Ethics Policy Pursuant tO Minnesota statutes 471.~9~ Motion by Nawrocki, second by Jolly to table this resolution for further discussion at a future Council work session. Roll call: All ayes g. Resolution No. 94-46: Approving an Occupancy Permit for th~ Columbia Heights School District at 4001 Central Avenue The City Manager addressed the purpose of the indemnification agreement. The School District's attorney feels they cannot legally indemnify the City on the grounds stated in the agreement. The city Attorney spoke to his memo regarding the location of the Early Childhood Program in the mall. He also reviewed the concern expressed about renewal or reapplication for the liquor license currently held by a tenant of the mall. REGULAR COUNCIL MEETING AUGUST 8, 1994 PAGE 16 Councilmember Nawrocki inquired if it would be allowed for another business to locate in the mall to operate a restaurant with a liquor license. The City Attorney responded this would not be allowed. Granting of this request would preclude the issuance of a liquor license in the future to anyone within 300 feet of the school. Councilmember Nawrocki recalled how the community has hoped that a decent restaurant would locate in the downtown area. He felt the approval of this resolution would eliminate the possibility for this to happen. He noted that the "balancing of interests", as cited in the City's Comprehensive Plan, will not be satisfied with the passage of this resolution. He also stated he has no problem with the usage of the space but finds it difficult to believe there were no other suitable locations to be found. Councilmember Ruettimann observed that the ordinance could be amended if a bar/restaurant situation were to occur. He also noted that the last paragraph of the resolution referenced the indemnification agreement. He suggested this should be deleted. 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 Motion by Ruettimann, second by Peterson to delete the last paragraph of the resolution. Roll call: Jolly, Ruettimann, Peterson, Sturdevant - aye Nawrocki - nay RESOLUTION NO. 94-46 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING AN OCCUPANCY PERMIT FOR THE COLUMBIA HEIGHTS SCHOOL DISTRICT AT 4001 CENTRAL AVENUE WHEREAS: The Columbia Heights School District has requested a permit to operate an Early Childhood Special Education Program within lease space at the Columbia Heights Mall, 4001 Central Avenue; and WHEREAS: The Central Business District of 9.112(1) of the City Code does not specifically define school activities as a permitted sales or service business within the Central Business District; and REGULAR COUNCIL MEETING AUGUST 8, 1994 PAGE 17 WHEREAS: There are limited lease space opportunities within other residential zoning districts or the Limited Business District; and WHEREAS: Attorney General's Opinion and Minnesota Supreme Court Decisions have found that government entities must balance their interest to serve the best interests of the public, including basing their Capital Improvement Decisions on the following: 1. Whether the proposed use is a governmental as opposed to proprietary use; 2. The extent of the public interest that would be served by the use; 3. Whether the use is for a function mandated by the State; 4. Existing land used and compatibility with the uses; and 5. Alternatives available to the municipality. NOW, THEREFORE, THE CITY COUNCIL RESOLVES: "Based upon the restrictive nature of the Zoning Ordinance and the limited lease space opportunities available to the School District, the City of Columbia Heights finds that the greater good of the public is served by issuing an Occupancy Permit to the Columbia Heights School District to operate an Early Childhood Special Education Program in leased space located at 4001 Central Avenue, Columbia Heights, Minnesota." Passed this 8th day of August, 1994. Offered by: Seconded by: Roll call: Ruettimann Peterson Jolly, Ruettimann, Peterson, Sturdevant - aye Nawrocki - nay Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary h. Resolution No. 94-47; SUpporting HRA Application for Rental Assistance Program REGULAR COUNCIL MEETING AUGUST 8, 1994 PAGE 18 Motion by Ruettimann, secondby Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 94 - 47 RESOLUTION OF CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA SUPPORTING HOUSING AND REDEVELOPMENT AUTHORITY (HRA) APPLICATION FOR HUDRENTALASSISTANCE PROGRAM UNITS TO REPLACE LIKE METRO COUNCIL HRAUNITSAND TO HAVE THE LOCAL HRATOTALLY ADMINISTER THOSE UNITS WHEREAS, currently the Housing and Redevelopment Authority of Columbia Heights (HRA) provides local administration for the 175 to 200 unit Rental Assistance Voucher and Certificate Program (Rental Assistance Program) under an administrative contract with the Metropolitan Council Housing and Redevelopment Authority (Metro HRA) and has done so since the start of the Rental Assistance Program (also, sometimes referrd to as the "Section 8 Rental Assistance Program") in 1977; and WHEREAS, due to HRA and City desires to have more local control over the Rental Assistance Program and provide preference for residents of the City to receive assistance under the program; and WHEREAS, currently the ~RA is receiving only $16.56 per unit of the $47.31 the Metro HRA receives from HUD for administering the units; and WHEREAS, the Federal Department of Housing and Urban Development (HUD) has invited applications for new units under the Rental Assistance Program; and WHEREAS, a precedence has been set by the City of Richfield and Washington County where they have, over a period of two to three years, set up their own programs (replaced Metro HRA units with new units received direct from HUD); and REGULAR COUNCIL MEETING AUGUST 8, 1994 PAGE 19 WHEREAS, an application has been prepard by ~RA staff for an initial increment of 50 Rental Assistance Program units to replace 50 Metro HRA units and such an application is due to HUD by August 25, 1994; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota, that, subject to HRA Board of Commissioners formal approval, the City Council supports the application of the HRA for 50 Rental Assistance Program units for the City of Columbia Heights to be used to replace 50 of the Metro HRA units. It is understood that within three years, the HRA will (providing HUD provides the new units) replace all the Metro HRA Rental Assistance units with the Columbia Heights HRAproviding total administration for the program in Columbia Heights. Passed this Sth day of August, 1994. Offered by: Seconded by: Roll call: Ruettimann Peterson Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary i. ~e~Qlution No. 94-49: Approving a Lotsplit of City Owned Motion by Peterson, second by Nawrocki to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 94 - 49 SUBDIVISION REOUEST CITY OF COLUMBIA HEIGHTS 590 40TH AVENUE NORTHEAST COLUMBIA HEIGHTS, MN. 55421 I, Patrick Hentges, City Manager, hereby request a split of the following (to be) combined four parcels: 1. PIN 35 30 24 43 0058 - Lot 13, and the west 5 feet of Lot 12, Block 89, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. REGULAR COUNCIL MEETING AUGUST 8, 1994 PAGE 20 2. PIN 35 30 24 43 0059 - Lot 11 and 12, except the west 5 feet, Block 89, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. 3. PIN 35 39 24 43 0024 - Lot 10, Block 89, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. 4. PIN 35 30 24 43 0023 - Lot 9, Block 89, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. THE DESCRIPTION HENCEFORTH TO BE: TRACT A Lot 9 and the east 23.3 feet of Lot 10, Block 89, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. TRACT B That part of Lot 10 lying west of the east 23.3 feet thereof, all of Lot 11, and the east 11.6 feet of Lot 12, all in block 89, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. TRACT C That part of Lot 12, lying west of the east 11.6 feet thereof, and all of Lot 13, Block 89, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. Be it further resolved that there are no special assessments of record owed to the City of Columbia Heights. Any pending or future assessments will be levied according to the new split as approved this day. Any lot split given approval shall become invalid if the resolution, motion or other Council action approving the said lot split is not filed with the County Auditor within one (1) year of the date of the Council action. PLANNING & ZONING DEPT ACTION: Recommended approval as proposed Pat Hentges(sig.) Signature of Notarized Patrick Hentges, Manager Owner, City 590 40th Avenue Northeast Columbia Heights, Mn. 55421 This 2nd day of August, 1994. Owner's Address REGULAR COUNCIL MEETING AUGUST 8, 1994 PAGE 21 Offered by: Seconded by: Roll call: Larson Fowler All ayes Evelyn Nygaard Zoning Officer CITY COUNCIL ACTION: APPROVED This 8th day of August, 1994. Offered by: Peterson Seconded by: Nawrocki Roll call: All ayes Telephone # 782-2815 Subscribed and sworn to before me this 1st day of July, 1994. Jane Gleason Notary Public Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary e j. Public Hearing for Revocation/Suspension of a License - Esquire Properties Motion by Peterson, second by Ruettimann to close the public hearing for August 8, 1994 regarding the revocation and suspension of rental license for Esquire Properties at 4628 Tyler Street Northeast and 4634 Tyler Street Northeast and further authorize issuance of a rental license for same in that it has complied with provisions of the Housing Maintenance Code, Section 5A.408. Roll call: All ayes COMMUNICATIONS a. Set Public Hearing - Amendment to Fiscal Year 1994 Community Development Block Grant Program Motion by Ruettimann, second by Peterson to set August 22, 1994 (at approximately 7:15 p.m.) as the date and time for a public hearing in regard to amendment to the 1994 Community Development Block Grant Program. Roll all: All ayes REGULAR COUNCIL MEETING AUGUST 8, 1994 PAGE 22 b. National Night Out Councilmember Nawrocki reported that the City had 35 block parties with the attendance of about 700 people. He felt this was a very worthwhile activity and wished it had been mentioned in the City's official newspaper as were other cities. Councilmember Jolly agreed this type of activity was very beneficial for those who attend. c. Closing of Silver Lake Beach Councilmember Nawrocki mentioned that Silver Lake Beach closed today. He felt it was rather early and noted that the water looked rather clear. He wondered why this was done. The City Manager will follow up on this matter. d. Street ~ehab~litation Program Information regarding the upcoming street projects will be included in the next edition of the City newsletter. Councilmember Nawrocki requested he be given a draft copy of the articles regarding this before it is printed. The City Manager will give a draft copy of the material to all members of the City Council. 8. OLD BUSINESS a. Zaidan Holdings Negotiations The City Manager addressed certain features of the Negotiated Agreement with Zaidan Holdings. He explained this is a non- binding agreement on the part of all of the participants. It is not a Settlement Agreement. Councilmember Nawrocki questioned the inclusion of subsection (b) which reads as follows: "Zaidan will use its best efforts to seek abatment of taxes, penalties and interest on the office property to the extent authorized by Minnesota statutes and County policies." The City Manager explained the reason for its inclusion. He recommended it be removed before the agreement is approved. Councilmember Nawrocki feels there is no need for this agreement and fears it may be a scheme to avoid tax liabilities. He observed there is nothing in the agreement to make this building a viable project. He noted that the tax forfeiture clock is running and the building owners have paid nothing at this point in time. REGULAR COUNCIL MEETING AUGUST 8, 1994 PAGE 23 A representative of Zaidan Holdings advised that there has been no profit realized from the building. He explained what is currently being done regarding maintenance and improvements. The impact of this agreement was discussed relative to the tax levy and the TIF bonds payoff. This matter will be considered at a Council work session. Councilmember Nawrocki does not feel the agreement is in the best interest of the City of Columbia Heights and will not support this agreement. He also brought up a request received from another property owner regarding tax abatement. There was no action taken on this request. Motion by Ruettimann, second by Peterson to approve the Negotiation Agreement with Zaidan Holdings regarding payment of delinquent taxes on the Columbia Heights Business Center with the deletion of subsection (b) and Tax Assessment Agreement and authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: Jolly, Ruettimann, Peterson, Sturdevant - aye Nawrocki - nay b. Sale of City-Owned Lot on Maiden Lane Councilmember Nawrocki recalled that the sale of a lot on Maiden Lane was approved about five years ago. He noted that the purchaser has not yet received clear title to the lot although he paid the purchase price. The City Manager advised that court action is necessary to clear the title. c. Complaints Regarding Garbage/Refuse Hauling Councilmember Nawrocki has been made aware that property owners with complaints regarding their garbage are being referred to call the hauler directly. He had understood that the original contract with the hauler specified these complaints would be handled by City staff. He also recalled the contract stated someone from the hauling company would come into City Hall each business day to follow up and pick up complaints. These practices were changed administratively bya former City Manager. If there is an on-going problem City staff handles it. REGULAR COUNCIL MEETING AUGUST 8, 1994 PAGE 24 d. Mill Street Project Councilmember Nawrocki has been advised that the Mill Street reconstruction project has been delayed until next year. He inquired as to the reason for the delay. The Public Works Director responded staff desired additional time to evaluate watermain replacement on Mill Street. Another reason for the delay was to coordinate the time of the construction relative to Murzyn Hall bookings. ® NEW BUSINESS a. Award Contract for Storm Sewer Improvements at LaBelle Pond Only one bid was received. The Public Works Director indicated there would be no problem with delaying this issue. Motion by Peterson, second by Ruettimann to table awarding the storm sewer improvement contract for LaBelle Pond. Roll call: All ayes b. Authorization to Seek Re-Bid for 1250 GPM Class A Fire ~umper Motion by Ruettimann, second by Peterson to authorize staff to seek re-bid for the 1995 9000 Series 1250 GPM Class A fire pumper. Roll call: All ayes c. Award of ~994 Overlay Project #9320. 9321. & 9322 The property owners affected by these projects will be notified by post card. Motion by Peterson, second by Jolly to award the 1994 Overlay Projects, Municipal Numbers 9320, 9321 and 9322 to Midwest Asphalt Corporation of Hopkins, Mn., based upon their low, qualified resDonsible bid in the amount of $167,256.43 with funds to be appropriated from the Municipal State Aid Construction Account (Fund 402) and to authorize the Mayor and City Manager to enter into a contract for the same. Roll call: Jolly, Ruettimann, Peterson, Sturdevant - aye Nawrocki - nay REGULAR COUNCIL MEETING AUGUST 8, 1994 PAGE 25 10. d. Award of 1994 Street and Parking Lane StriDing Proje~ Motion by Ruettimann, second by Jolly to award the 1994 Street and Parking Lane Striping Project to AAA Striping Service Company, based upon their low, qualified responsible bid in the amount of $4,075.92 with $3,514.84 to be appropriated from Fund 212-43190-4000 and $561.11 to be appropriated from Fund 101-41370-4000 and to authorize the Mayor and City Manager to enter into a contract for the same. Roll call: All ayes e. Recycling Containers Mayor Sturdevant requested staff to pursue the possibility of having the green recycling containers picked up every other week rather than weekly. During his tour of National Night Out activities, many residents mentioned to the Mayor they never fill these containers completely full every week. It was felt there may be a possible cost savings for the resident. Councilmember Nawrocki recognized there may be a potential cost savings with bi-weekly pick ups but noted that some of the associated costs are related to where the recycled materials are taken by the hauler. REPORTS a. Report of the City Manager The City Manager's report was submitted in written form and the following items were discussed: 37th Avenue Railroad Crossing: Councilmember Nawrocki mentioned his disappointment in the City of Minneapolis' lack of cooperation in the installation of rubber crossing material on 3?th Avenue. The City Manager stated staff is still working on this matter. CDBG Funding Process for Public Service Grants: It was noted that in past years the Human Services Commission had participated in the process for the use of public service funding from CDBG funds. City Council Goalsetting Meeting: Councilmember Nawrocki felt budget deliberations should be a priority over goalsetting. b. Report of the City Attorney The City Attorney had nothing to report. REGULAR COUNCIL MEETING AUGUST 8, 1994 PAGE 26 ~DJOURNMENT Motion by Sturdevant, second by Peterson to adjourn the meeting at 10:40 p.m. Roll call: All ayes ~. ~_~~ ~yor ~oseph Sturdevant '~/~O-Anne Student,' ~cil Secretary