HomeMy WebLinkAboutApril 25, 1994CONTINUED BOARD OF REVIEW
4/25/94
COLUMBIA HEIGHTS
(1) LEE STAUCH
4545/4547 Fillmore (PIN 25 30 24 34 0094)
4556/4558 Fillmore (~PIN 25 30 24 33 0107)
4161 Tyler (PIN 36 30 24 13 0063)
I viewed the aforementioned buildings. I recommend no change in the value.
I did not view Mr. Stauch's homestead at 1155 Khyber Lane N.E. I am unable
to recommend a change in the market value. (PIN 25 30 24 32 0029)
(2) TOM SULLIVAN - COMMERCIAL PROPERTY (PIN 25 30 24 32 0004) SEE ATTACHED
(3) HELEN KOCUR
1213 - 42nd Avenue N.E. (PIN's 36 30 24 24 0063 & 0139)
'To date, I haven't received an estimate on the "COST TO CURE" the walls,
ceiling,etc, and put them back to a normal order. At the present time
- I recommend no change in the market value.
(4)
RICK LANGE
1024 - 44'1/2 Avenue N.E. (PIN 36 30 24 22 0159)
We reviewed the data we' have on his property and found it to be correct.
Mr. Lange will get us an appraisel on his property. We then will review
the appraisal and at that time will make any changes we feel necessary. At the
present time, we recommend no change in the market value.
Respectfully Submitted: Carrol A. ~IcCain
County Assessor: Ed Thurston
COUNTY OF ANOKA
OJJice of the County Assessor
Government Center
2100 3rd Avenue, Anoka, Minnesota 55303-2281
612-323-5475 Fax: 612-323-5421
April 25, 1994
MEMO TO:
Columbia Heights
Local Board of Review
FROM:
Diana Stellmach
Commercial Appraiser
RE:
PIN # 25-30-24-32-0004 (1st WOK Restaurant)
I have further reviewed the valuation of the above mentioned property. I am
recommending no change in value at this time. Our current value of $330,400 is
supported by both the cost and income approaches. This value does not appear to be
excessive when comparing it to the valuations of other restaurants in the immediate
area, as you are aware from our discussion at the April 18, 1994, Board of Review
Meeting. Below is a summary of those comparisons:
Year Land Bldg. Land Bldg.
Property Built Area Area Value Value
1st WOK .1965 47,094 5,317 164,800 165,600
(3.50/Sq. Ft.)($31.15/Sq. Ft.)
Ponderosa 1972 40,500 5,243
183,200 234.000
(4.00/Sq. Ft.)($44.63/Sq. Ft.)
Pannekoeken 1961 23,985 4,162
107,900 150,800
(4.50/Sq. Ft.)(36.23/Sq. Ft.)
Mr. Sullivan is in the process of signing a new lease with the current tenants. It is my
understanding that the lease will be for a lesser amount than the current lease. It is my
intention to revisit the income approach when this new lease is made available to me.
If you have any further questions regarding this or any other commercial/industrial
property in Columbia Heights, please feel free to contact me at 323-5489.
DS/bk
ds.colhghts.4.94
Affirmative Action / Equal, OpportunityEmp___loyer ~
OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
CONTINUED BOARD OF REVIEW
APRIL 25, 1994
The Continued Board of Review was called to order at 8:40 p.m. by Mayor Sturdevant.
1. ROLL CALL
Jolly, Nawrocki, Ruettimann, Peterson, Sturdevant- present
2. PURPOSE OF MEETING
To update the Council on any changes that have been made to 1994 property valuations
as a result of interviews being requested at the Board of Review on April 18, 1994.
3. RECOMMENDATIONS/FINDINGS OF COUNTY ASSESSOR
Carrol McCain, Anoka County Appraiser, responded to the following four valuations
which were questioned at the April 18th Board of Review:
4545~4547 Fillmore Street, 4556/4558 Fillmore Street and 4161 Tyler Street are buildings
owned by Lee Stauch. Mr. Stauch questioned the value of these buildings and requested
reviewal by Ms. McCain. He also requested his home at 1155 Khyber be viewed.
The rental buildings on Fillmore and Tyler Streets were viewed. No change in value was
recommended.
Ms. McCain was unable to view the Stauch residence at 1155 Khyber Lane as Ms. Stauch
would not allow her admission.
Tom Sullivan owns the commercial building at 4757 Central Avenue which is currently
leased for use as a restaurant. He requested another reviewal be done and advised that the
leasees pay the taxes. He was requesting this on behalf of his tenants.
The County commercial appraiser, Diana Stellmach, advised she is not recommending
any change in the value at this time. The current value is supported both by the cost and
income approaches. A lease is currently being negotiated which will be less costly than
the present lease. The appraiser will revisit the income approach when the new lease is
in place.
A letter was received from the owner of 1213 42nd Avenue stating she feels her value
is too high. The appraiser is recommending no change in the market value as she is
waiting for the owner to advise her of the approximate cost on the "cost to cure"
damaged areas of the house.
CONTINUED BOARD OF REVIEW
APRIL 25, 1994
PAGE 2
The owner of 1024 44 1/2 Avenue will be supplying the appraiser with an appraisal of
his property. No change in the market value is being made at this time pending receipt
of the appraisal. When the appraisal is received it will be reviewed and any changes
deemed appropriate will be made. The owner intends to attend the June 17th Board of
Equalization held by the County.
COUNCIL ACTION
Motion by Peterson, second by Ruettimann to adopt the 1994 Assessment Rolls as
presented and amended. Roll call: All ayes
ADJOURNMENT
Motion by Ruettimann, second by Nawrocki to adjourn the continued Board of Review
at 8:45 p.m. Roll call: All ayes
nhe Student, Counci~Secretary
OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
APRIL 25, 1994
The Council Meeting was called to order at 7:00 p.m. by Mayor Sturdevant.
1.
Jolly, Nawrocki, Ruettimann, Peterson, Sturdevant- present
2. pLEDGE OF ALLEGIANCE
o
CONSENT AGENDA
The following items were addressed on the Consent Agenda:
A_ _m~roval of Minutes: The Council approved the minutes of the Regular Council Meeting
of March 28, 1994 and the Board of Review Meeting of April 18, 1994 as presented.
License At~olicat/ons
The Council approved the license applications as listed upon payment of proper fees.
Payment of Bills
The Council approved the paymem of bills as listed out of proper ~ds.
APPROVAL OF CONSENT AGENDA
Motion by Nawrocki, second by Ruettimann to approve the Consent Agenda as presented.
Roll call: All ayes
APPROVAL OF MINUTES
Motion by Nawrocki, second by Ruettimann to approve the minutes of the April 1 lth
Regular Council Meeting with corrections as read by Councilmember Nawrocki. Roll
call: All ayes
OPI~N MIKE/PROCLAMATIONS/PRF~ENTATIONS
Mayor Sturdevant read the proclamation designating April 29 as Arbor Day and the
month of May as Arbor Month.
REGULAR COUNCIL MEETING
APRIL 25, 1994
PAGE 2
Councilmember Jolly advised that Columbia Heights was recognized as a Tree City USA
and received formal recognition from the Forestry Service. He felt the credit for this
honor belonged to the City Council. This was the second year Columbia Heights received
this award.
PUBLIC HEARINGS/RESOLUTIONS/ORDINANG~_$
a. Continuation of Public Improvement Hearing: Erosion Control on
East Bank of LaBelle Park
Updated information on this issue presented by staff addressed cost of installing fence,
cost of including additional parcels, revised assessment charges and additional information
on the stares of obtaining easements.
The National Guard had been contacted regarding its participation in this project. The
Public Works Director has been advised they will not be participating as the Guard feels
there would be no benefit to them. He also advised that the two property owners
contacted about easements are reticent to give their permission. Easements will be needed
from all properties involved.
The Public Works Director stated that the intent of the project is to deter further
development of erosion where there is none and to deter it where it already exists.
Discussion continued with property owners about the wisdom of doing this project and
its possible success. Some of the property owners felt their property had no problem and
they should not be assessed for it. It was suggested that only those properties which are
currently experiencing erosion should be responsible for paying assessments.
Councilmember Ruettimann observed that if the project is done piecemeal the problems
would not be successfully solved. He felt the entire project should be done. He also noted
the problems have existed for many years and ~ owners had always resisted
solving them whereby the costs have steadily increased.
Councilmember Jolly observed the bank during and after a recent heavy rain. He noted
no visual signs of widespread erosion but did see significant amounts of debris farther
down on the bank. He felt the type of soil on the bank can only hold a certain amount
of water before it fractures. He also observed many areas where roots of large trees were
exposed.
REGULAR COUNCIL MEETING
APRIL 25, 1994
PAGE 3
Councilmember Nawrocki recalled when the area was developed. There were concerns
expressed at that time regarding construction being done on a hillside. The developer
assured the Council he would take care of any drainage problems. This has not been
done.
Councilmember Nawrocki also walked the entire area and has seen erosion problems. He
noted that the proposed 'matting' is a proven technology for stabilization.
The property owner at 1331 Circle Terrace would like to do his own terracing and build
a deck. He inquired if this would be possible.
The Public Works Director responded it would be possible and the fence could be moved
to accommodate this project.
There was additional discussion by property owners who stated their opposition to the
project. Councilmember Ruettimann inquired ff they were willing to sign a document
which would absolve the City of any responsibility if this project is not done and
problems are experienced with erosion and structures. Many of the property owners
present agreed to signing this document.
Councilmember Ruettimann requested the City Attorney to draft a document that could
be passed on to future owners which would release the City of any liability.
Motion by Nawrocki, second by Ruettimann to continue the public hearing to Monday,
May 9, 1994; that the City Attorney be asked to research the question whether the
County wig record a Hold Harmless document which would be binding on future owners;
the staff will proceed post haste with a document, with a notary, to sign these agreements
if it can be done; and letters go out to each property owner that the hearing is still on.
Roll call: AH ayes
Continued Meeting of Board of Review from April 18. 19°~4
Motion by Nawrocki, second by Ruettimann to recess the Regular Council Meeting for
the purpose of reconvening the Board of Review. Roll call: AH ayes
c. Resolution No. 94-26 Continued Hearing for Revocation, Su _spension and/or Other
_Appr_ o_m'iate Di _sposition of a Rental License at 4655 Fifth Street
REGULAR COUNCIL MEETING
APRIL 25, 1994
PAGE 4
The City Manager read the violations as cited in the April 22, 1994 letter from the City
Attorney to Jake Cadwallader, owner of the property at 4655 Fifth Street.
Mr. Cadwallader's legal coun.~el, Paul Weingarden, distributed his response to the letter
to Councilmembers and staff at this meeting. The cited violations were discussed. Mr.
Weingarden stated that more than 20 days would be needed to correct some of the
violations and suggested that between seventy-five and ninety days be allowed.
The history of problems were reviewed as were the timelines from the initial
correspondence with the property owner to the current hearing. It was noted this situation
has been on-going for some time.
Councilmember Nawrocki observed there appears to be some poor communication
between attorney and client rather than the City and the property owner. He suggested
that the attorney make an appointment with the Building Inspector to view the property
tomorrow.
Mr. Weingarden stated he is an advocate for his client and is not responsible for the
problems with the building. The City Attorney advised that all of the items in his letter
to Mr. Cadwallader are supported as violations in the Columbia Heights Housing
Maintenance Code. Mr. Weingarden noted he understands all of the points made in the
City Attorney's letter of April 22, 1994.
Councilmember Jolly felt there was some heavy duty gameplaying going on and he
wishes to end this tonight. Councilmember Peterson recalled that in the past, Mr.
Cadwallader stated he would not do any repair nor get any professional opinions.
Councilmember Nawrocki requested the City Manager to read the entire resolution so
there would be no misunderstanding as to exactly what it says. The City Manager read
the resolution with two corrections.
RESOLUTION NO. 94-26
RESOLUTION OF CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS
APPROVING REVOCATION THAT CERTAIN RESIDENTIAL RENTAL LICENSE
HELD BY JAKE CADWALLADER D/B/A/C-H PROPERTIES
REGULAR COUNCIL MEETING
APRIL 25, 1994
PAGE 5
WHEREAS, JAKE CADWALLADER D/B/A/ C-H PROPERTIES (HEREAFTER
'CADWALLADER~) IS THE LEGAL OWNER OF THE REAL PROPERTY
LOCATED AT 4655 N.E. FIFTH STREET, COLUMBIA HEIGHTS, MINNESOTA,
AND
WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(a),
WRITrEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE
PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO
CADWALLADER ON MARCH 11, 1994, OF A PUBLIC HEARING TO BE HELD
ON APRIL 11, 1994.
WHEREAS, PURSUANT TO INSPECTION REPORT OF EVELYN NYGAARD IN
CONJUNCTION WITH THE ASSISTANT FIRE CI-HEF OF COLUMBIA HEIGHTS
FIRE DEPARTMENT, LOWELL DEMARS, DATED JULY 20, 1993, ATTACHED
HERETO AS EXHIBIT A, AND AS AMENDED BY REPORT DATED MARCH 30,
1994 AND THE FINDINGS AS SET FORTH THEREIN, AND ATTACHED HERETO
AS EXHIBIT B, AND LETTER TO JAKE CADWALLADER, DATED APRIL 22,
1994, AND ATTACHED HERETO AS EXHIBIT Q, CADWALLADER IS IN
VIOLATION OF THE CODE SECTIONS AND STATE STATUTES AS LISTED IN
THE SAID EXHIBITS A AND C.
NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Columbia
Heights, Minnesota, that:
1. That Cadwallader's Rental License is issued on January 12, 1993 pursuant to City of
Columbia Heights Ordinances Section 5.606 et seq. for that certain three unit multiple
dwelling located at 4655 N.E. 5th Street, Columbia Heights, Minnesota, which license
is identified by number 13321, is hereby conditionally revoked effective May 31, 1994,
conditioned upon Cadwallader's failure to complete the corrective measures as set forth
in that certain letter dated April 22, 1994 (and earlier notices as contained in Exhibits A
& B to the said letter) to the satisfaction of the City of Columbia Heights building
inspector by the effective date set forth above;
2. That the City of Columbia Heights, through its City Manager, is hereby authorized to
serve notice of said revocation upon Cadwallader as soon as practicable;
REGULAR COUNCIL MEETING
APRIL 25, 1994
PAGE 6
3. That City shall give actual notice, as is practical under the circumstances, by mailing
said notice to all known occupants and by posting said notice in a conspicuous location
on the building, of the revocation contained herein and described in Section 1, above.
4. That the Council shah give notice of all occupants of the said building of a public
heating to be held within 60 days of the signing of this resolution, or as soon thereafter
as the Council shall convene, to decide whether the said building should be condemned
pursuant to Minnesota Statutes Section 463.16.
Passed this 25th day of April, 1994.
Offered by: Nawrocki
Seconded by: Peterson
Roll call: All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
d. Meredith Cable Request for Granting of a Stay of any Refund and
Rollback Requirement Until the FCC Rules on Their A__m}eal and A__nproval of Refund
Plan
Motion by Nawrocki, second by Jolly to approve, based on the recommendations of the
Cable Commission, the refund/credit plan as outlined in Items I and HI in the letter of
April 20, 1994, from Kevin Griffin, President and General Manager of Meredith Cable,
and to take no action as to the request for the stay of enforcement of the Rate Regulation
Order in Items II and IV. Roll call: All ayes
e. Public Hearing - Condemnation, 3909 Polk Street N.E.
Motion by Nawrocki, second by Jolly that there is adequate evidence as outlined in the
attached order, findings of fact, and conclusions of the City Council to find the structure
at 3909 Polk Street N.E. is hm,ardons and in violation of the law, and that the City
Council orders the existing structure to be razed, demolished, and all parts of the former
structure removed, including concrete slabs and foundations as prescribed in the attached
order, and that the Mayor and City Manager are directed to execute the order on behalf
of the City of Columbia Heights. Roll call: All ayes
REGULAR COUNCIL MEETING
APRIL 25, 1994
PAGE 7
f. First Reading of Ordinance No. 1286. Amending Pool Hall
License Requirements
The City Manager reviewed the request from Amy Ferman to operate the "Paddle &
Pool" Inc. at 4040 Central Avenue. It is her intention to allow only people eighteen or
over into the establishment and no alcohol will be available.
Councilmember Nawrocki had some questions regarding the proposed amendments to the
ordinance. He felt it may be preferable to keep the original ordinance in place and add
(7) to 5.402 for a special use permit for pool hall operation under certain circumstances.
The City Manager suggested the first reading be waived and that staff investigate the
eighteen year old provision and alter some of the language.
Councilmember Ruettimann wants some policing policies in the ordinance and wants to
make sure that the control of the license affects any future owners. Councilmember Jolly
shares this concern with control and enforcement.
The City Manager noted that revocation language could be talcen from the Arcade
Ordinance.
Motion by Peterson, second by Nawrocki to table for additional language until later in
the meeting. Roll call: All ayes
g. Second Reading - Ordinance No. 1283, Air _Ouality Standarcls
Motion by Ruettimann, second by Peterson to waive the reading of the ordinance there
being ample copies available for the public. Roll call: AH ayes
ORDINANCE NO. 1283
BEING AN ORDINANCE PERTAINING TO AIR QUALITY STANDARDS
The City of Columbia Heights does ordain:
Chapter 8, Article IV, Section 2 (8.402), of Ordinance No. 853, City Code of 1977,
which is currently reserved, shall hereafter read as follows, to wit:
REGULAR COUNCIL MEETING
APRIL 25, 1994
PAGE 8
8.402.(1) Open Fire Burning
No person shall burn materials in an "open fire', that is, a fire burning outside the
confines of a structure or container, or in a firebox which is designed to control and
contain a fire, if the products of combustion create a visual or odor nuisance in the air
space of other prope~ users. Except as provided in this ordinance and Minnesota
Statutes, no burning shall be conducted which violates Minnesota's Clean Air Act.
Violation of either or both standards shall constitute a misdemeanor under the City Code.
8.402(2) Permitted Fires
A fire contained in a grill or barbeque designed for the preparation of food shall be a
permitted fire under this subsection.
The Fire Department is authorized to permit "recreation fires", without charge, provided
the resident first provides notice to the Fire Department of its intent to have a recreation
fire and there is no violation of the City's Air Quality Standards. A 'recreation fire"
meana a fire set for cooking, warming or ceremonial purposes, which is not more than
three (3) feet in diameter, the surrounding ground is clear of readily combustible
materials for a distance of five (5) feet from the base of the fire, there is a readily
available and operable fire extinguishing device, and there is a responsible adult in
continuous supervision at the fire. Violation of these "permission" requirements shall
constitute a misdemeanor under thc City Code.
The Fire Department is authorized to permit a "festival boa fire", if requested by a State
recognized agency or in~tution, such as an annual high school homecoming football
celebration. Special conditions for the boa fire may be imposed, such as the presence of
fire department personnel and equipment, approving the location of the boa fire, and the
presence of adult supervisors. The Fire Department is authorized to charge the permittee
for actual expenses incurred in the monitoring of the permitted fire.
The Fire Department is authorized to permit an open burn of timber and/or untreated
lumber or debris when necessmy to avoid or abate a public hazard and there is no
practical alternative to dispose of the materials, trader the circum~ances existent at that
time. City Council concurrence of justifying circumstances is a condition precedent to the
Fire Department's permit issuance.
REGULAR COUNCIL MEETING
APRIL 25, 1994
PAGE 9
First Reading:
Second Reading:
Date of Passage:
3-28-94
4-25 -94
4-25 -94
Offered by: Ruettimann
Seconded by: Peterson
Roll call: All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
Councilmember Nawrocki had three concerns with this ordinance. They are permission
for timber burning, fireplace burning and ground burning. He feels there is no need to
burn this kind of material as there are landfills which take this material.
Councilmember Jolly agreed with these concerns and noted there could be a potential for
violating the Clean Air Act.
RECESSING COUNCIL MEETING
Motion by Ruettimann, second by Peterson to recess the Council Meeting at 11:01 p.m. until
Tuesday, April 26th at 7:30 p.m. Roll call: All ayes
Councilmember Nawrocki advised he has video tapes available for viewing which address city
attorney services.