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