HomeMy WebLinkAboutMarch 13, 1995OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
MARCH 13, 1995
The Council Meeting was called to order at 7:00 p.m. by Mayor
Sturdevant.
Jolly, Ruettimann, Peterson, Sturdevant - present
2. pLEDGE OF ALLEGIANCE
3. CONSENT AGENDA
The following items were approved on the Consent Agenda:
Minute~ of Previous Meetinas - ADDroval
The Council approved the minutes of the
Meeting of February 27, 1995 and of the
Meeting of February 28, 1995 as presented.
Regular Council
Special Council
EstablishPublic Hearina for Revocation/Suspension of a Rental
Property License at 1860 49th Avenue Northeast
The Council established a hearing date of April 10, 1995 for
revocation or suspension of a license to operate a rental
property within the City of Columbia Heights against Beverly
Schaefer regarding rental property at 1860 49th Avenue
Northeast.
Traffic Commission
a. The minutes of the March 6, 1995 Traffic Commission Meeting
were provided for informational purposes only.
b. The Council designated eno Parking" on the west side of
Johnson Street Northeast from 49thAvenue to the north edge of
Mathaire Park based on the recommendations of the Traffic
CommiSsion.
Planning and ionino Commission
a. The minutes of
Commission Meeting
only.
the March 7, 1995 Planning and Zoning
were provided for informational purposes
b. Conditional Use Permit/Variance: The Council approved the
request by Holiday Station Stores for a conditional use permit
to erect and operate a motor fuel/convenience store with a car
wash at 4259 Central Avenue with the requested variances.
REGULAR COUNCIL MEETING
MARCH 13, 1995
PAGE 2
C. Conditional Use Permit: The Council approved the
conditional use permit to First Community Credit Union to
allow a special one day car sales promotion on April 21, 1995
with tent display at 843 40thAvenue Northeast provided a $500
deposit is submitted to the City prior to installation of the
tent on the premises.
d. Conditional Use Permit: The Council approved the
conditional use permit to Ace Hardware to allow the placement
of an accessory structure in the parking lot of 2261 37th
Avenue Northeast from April 20 through July 7, 1995 provided
a $500 deposit is submitted to the License/Permit Clerk prior
to placement of the tent on the premises.
Authorization to Seek Bids to Resurface Tennis Courts at
Sullivan Lake Park. Project Jg~0~
The Council authorized staff to seek bids to resurface the
tennis courts at Sullivan Lake Park.
Authorization to Seek Bids for Replacement of Water Department
The Council authorized staff to seek bids to replace the Water
Department van ~117.
Authorization to Seek Bids to Replace Four Street.Lights on
40th Avenue Northeast
The Council authorized staff to seek bids to furnish and
install four poles and lights on 40th Avenue Northeast.
Approve Change in Murz_vn Hall Lease
The Council approved the following addition to the Murzyn Hall
lease agreement, "There may be no open bar with an admission
fee. An approved liquor license must be used if there is an
admission charge for the rental. If deemed needed, at the
discretion of the Columbia Heights Police Department,
additional security may be added and charged to the lessee."
Appointment of Representative to Technical Advisor~Committee
f~ Rice Creek Watershed Distriq~
The Council appointedthePublic Works Director/CityEngineer
to the Technical Advisory Co--ittee of the Rice Creek
Watershed District and appointed Councilmember Jolly to the
Citizen's Task Force of the Rice Creek Watershed District.
License Applications
The Council approved the 1995 license applications as listed
upon payment of proper fees and the applications stated on the
March 13, 1995 memo fromLowe11DeMars.
REGULAR COUNCIL MEETING
MARCH 13, 1995
PAGE 3
Payment of Bills
The Council approved the payment of bills as listed out of
proper funds.
APPROVAL OF CONSENT AGENDA
Motion by Peterson, second by Jolly to approve the consent
Agenda as presented. Roll call: All ayes
There was no one present for Open Mike.
PUBLIC HEARING!ORDINANCES/RESOLUTION~
a. Public Hearino - License Revocation. 3817 Central Avenu-
Ali provisions of the Housing Maintenance Code have been
complied with by the owner of this property.
Motion by Ruettimann, second by Peterson to close the public
hearing. Roll call: All ayes
b. Public Hearina - Resolution No. 95-18 - License
Revocation. 4038 Madison Street Northeast
The Enforcement Officer reviewed the history of this property
relative to owners and to code violations. The property is
currently vacant. Some language was added to the Order of
Council which addressed its present ineligibility for
licensing. Some building permits have been applied for.
Motion byRuettimann, second by Jolly to waive the reading of
the resolution there being ample copies available for the
public. R011 call: All ayes
RESOLUTION NO. 95-18
RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA
HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE
SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE
HELD BY Edward Schleip (HEREINAFTER "LICENSE HOLDER").
WHEREAS, LICENSE HOLDER IS
PROPERTY LOCATED AT 4038
HEIGHTS, MINNESOTA, AND
THE LEGAL OWNER OF THE REAL
Madison Street N.E., COLUMBIA
REGULAR COUNCIL MEETING
MARCH 13, 1995
PAGE 4
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 TOTHE LICENSE HOLDER ON 2-13, 1995, OF A PUBLIC HEARING
TO BE HELD ON 3-13, 1995.
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 February 22, 1995, Enforcement Officer, Matthew
Field, for the City of Columbia Heights, inspected the real
property and incidental buildings located thereon at 4038
Madison 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
Edward Schliep.
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 Licence 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 THE COUNCIL
1. That the building located at 4038Madison 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 perties in interest have been
duly served notice of this hearing, and any other hearings
relevant to the revocation or suspension of the license held
by License Holder.
3. That all applicable rights and periods of appeal as
relating to the license holder, owner, occupant, or tenant, as
the case may be, have expired, or such rights have been
exercised and completed.
REGULAR COUNCIL MEETING
MARCH 13, 1995
PAGE 5
ORDER OF COUNCIL
1. That rental license belonging to the License Holder
described herein and the property described herein is
unlicensable at this point in time and shall remain
unlicensable until all violations as cited shall pass
inspection by the City's Enforcement Officer.
2. The City shallpost for thepurpose of preventing occupancy
a copy of this order on the buildings covered by the license
held by License Holder.
3. Ail tenants shall remove themselves from the premises
immediately after the posting of this Order revoking the
license as held by the License Holder and the structure shall
not beoccupied until all required repairs have been completed
and passed inspection by the City's Enforcement Officer.
Passed this 13th day of March, 1995.
Offered by:
Seconded by:
Roll call:
Ruettimann
Jolly
All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
c. Public Hearina - Resolution No. 95-16 - License
Revocation. 4556 Madison Street Northeast
Photos of the violations at this property were viewed by the
Council. Property owner and tenants have been notified of this
hearing and their opportunity to be heard.
Motion by Ruettimann, second by Peterson to close the public
hearing. R011 call: All ayes
RESOLUTION NO. 95-16
RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA
HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE
SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE
HELD BY Richard & Lisa Smida (HEREINAFER "LICENSE HOLDER").
WHEREAS, LICENSE HOLDER IS
PROPERTY LOCATED AT 4556
HEIGHTS, MINNESOTA, AND
THE LEGAL OWNER OF THE REAL
Madison Street N.E., COLUMBIA
REGULAR COUNCIL MEETING
MARCH 13, 1995
PAGE 6
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 TOTHE LICENSE HOLDER ON 2-14, 1995, OF A PUBLIC HEARING
TO BE HELD ON 3-13, 1995.
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 August 4, 1993, Enforcement Officer Matthew Field,
for the City of Columbia Heights, inspected the real property
and incidental buildings located thereon at 4556 Madison
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 byRichard and Lisa
Smida.
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 4556 Madison 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 the License Holder.
3. That all applicable rights and periods of appeal as
relating tot he license holder, owner, occupant, or tenant, as
the case may be, have expired, or such rights have been
exercised and completed.
~EGU~ COT~]~CIL MEETING
]~CH 13, 1995
PAGE 7
0~DER OF COUNCIL
1. That rental license belonging to the License Molder
described herein and identified by license number 30078 is
hereby revoked~
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. That all tenants shall removethemselves 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 13th day of March, 1995.
Offered by:
Seconded by:
Roll call:
Ruettimann
Peterson
All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
d. First Readina of Ordinance No. 1298~ Beina an Ordinance
Authorizino the Conveyance of Certain Real Estate Located at
4535-4537 Taylor Street Northeast
Motion byRuettimann, second byPeterson to waive the reading
of the ordinance there being ample copies available for the.
public. Roll call: All ayes
This is a city-owned property and was used for the Way To Grow
House previously.
ORDINANCE NO. 1298
BEING ANORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL
ESTATE LOCATED AT 4535 - 4537 TAYLOR STREET NORTHEAST
The City of Columbia Heights does ordain:
Section 1:
The City of Columbia Heights may convey unto
Malcolm and Esther Watson the real property
described as follows, to wit:
Lot twenty-five (25) and south one half (1/2)
of lot twenty-six (26), Block seven (7),
Sheffield Subdivision. PIN ~ 25-30-24-33-0122
REGULAR COUNCIL MEETING
MARCH 13, 1995
PAGE 8
Section 2:
The Mayor and City Manager are herewith
authorized to execute deeds to effectuate the
conveyance of said real estate subject to the
terms, purchase price, and conditions
specified in the attached agreement labeled
"Exhibit
Section 3:
This ordinance shall be in full force and
effect from and after thirty (30) days after
its passage.
First Reading: March 13, 1995
Motion by Ruettimann, second by Peterson to schedule the
second reading of Ordinance No. 1298 for March 27, 1995 at
7:00 p.m. Roll call: All ayes
e. First Readina of Ordinance No. 1299. Beina an Ordinance
Requesting Vacation of an Alley Between 37th and 38thAvenues
Motion by Peterson, second by Jolly to waive the reading of
the ordinance there being ample copies available for the
public. Roll call: Ail ayes
ORDINANCE NO. 1299
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF
1977, VACATING A CERTAIN ALLEY EASEMENT
The City of Columbia Heights does ordain:
Section
The City of Columbia Heights herewith vacates
the public alley over, across, and under the
following described property, to wit:
The alley running north-south adjacent to the
east side of Lots 16, 17, 18, 19, 20, 21, 22,
23, 24, 25, 26, 27, 28, 29, and 30, Block 91,
Columbia Heights Annex to Minneapolis,
Columbia Heights, Anoka County, Minnesota.
excepting and reserving the authority of any
person, corporation or municipality owning or
controlling electric or telephone poles and
lines, gas and sewer lines, or water pipes,
mains and hydrants, thereon or thereunder, to
continue maintaining the same or to enter upon
such way or portion thereof vacated to
maintain, repair, replace, remove or otherwise
attend thereto.
REGULAR COUNCIL MEETING
MARCH 13, 1995
PAGE 9
Section 2:
The fourteen (14) feet of vacated alley shall
be added to the above described lots that are
adjacent to the west line of the alley.
Section 3:
This ordinance shall be in full force and
effect from and after thirty (30) days after
its passage.
First Reading: March 13, 1995
Motion by Peterson, second by Jolly to establish the second
reading of Ordinance No. 1299 for Monday, April 10, 1995 at
7:00 p.m. Roll call: All ayes
f. Resolution No. 95-17; Beina a Resolution Approving the
Application to Anoka County for up to $160.000 of Federal
"HOME" Pro=ram Funds for Rental Housina and
Rehabilitation/Duplex Ac~auisition/Renovation in S~effield
Neighborhood
Motion by Ruettlmann, second by Paterson to waive the reading
of the resolution there being ample copies available for the
public. Roll call: All ayes
~SOLUTION NO. 95-17
RESOLUTION OF CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS,
MINNESOTA APPROVING APPLICATION TO ANOKA COUNTY UP TO
$160,000.00 OF FEDERAL"HOME" PROGRAM FUNDSFORRENTALHOUSING
REHABILITATION/DUPLEX ACQUISITION/RENOVATION IN SHEFFIELD
NEIGHBORHOOD
WHEREAS, the City of Columbia Heights has been invited and
encouraged to apply through Anoka County for funds from the
1995 federally funded HOME Program~ and
WHEREAS, an application for such grant funds has been prepared
by Co~munity Development Department staff~ and
WHEREAS, HOME Program requirements require a 25% match of non-
federal funds for any project funded~ and
WHEREAS, the City already owns two duplexes in the Sheffield
Neighborhood on which $40,000 of the sale proceeds after
renovation of the duplex to a single family house could be
used as the 24% match.
NOW, THEREFORE, BE IT RESOLVED bythe City Council of the City
of Columbia Heights, Minnesota that:
REGULAR COUNCILMEETING
NARCH 13, 1995
PAGE 10
The City Council approves City application for up to
$160,000 of HOME Progra~funds from theAnoka County HOME
Program.
The City hereby agrees that the City will meet the HOME
Program 25% match requirements through continuation of
the City HOME Rehabilitation Revolving Fund and
dedication of an additional $40,000 to that fund of the
proceeds from the sale of duplexes renovated (to single
family houses) in the Sheffield Neighborhood.
The Mayor and City Manager are authorized to sign the
necessary HOME Program application and the documents for
implementation of the program when the grant is received
through Anoka County.
Passed this 13th day of March, 1995.
Offered by:
Seconded by:
Roll call:
Ruettimann
Peterson
All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
COMMUNICATIONS
Receive and File Applications for Vacancy on City
The City Manager read the names of the fifteen residents who
submitted an application regarding their interest in being
considered for appointment to the vacancy on the City Council.
No Council action was required at this time.
OLD BUSINESS
ADDroval of Heritaae Heiahts Restructured Covenants
Motion by Ruettimann, second by Peterson to approve the
"Declaration of CoVenants, Conditions, and Restrictions for
Heritage Heights Subdivision" and approve the same for
recording on the titles of single family homes developed by
City within the Sheffield Neighborhood. Roll call: All ayes
REGULAR COUNCILMEETING
MARCH 13, 1995
PAGE 11
9. NEW BUSINESS
Award of B~d for Tree Planting Program 1995-1996
Motion by Jolly, second by Peterson to award the 1995-1996
tree planting contract to Greenworks, Inc. of Loretto,
Minnesota, beingthe lowest, qualified, responsible bidder for
th. unit prices submitted in their proposal dated February27,
1995, up to an amount of $20,640 and authorize the Mayor and
City Manager to enter into an agreement for the same. Roll
call: All ayes
be
Award Demolition of 4612 Taylor Street
Motion by Ruettimann, second by Peterson to award the
demolition of 4612 Taylor Street to Thomas Contracting based
upon their low, qualified and responsiblequote in the amount
of $6,378 with funds to be appropriated from the Community
Development Block Grant Fund $202-46350-3050 and authorizethe
Mayor and City Manager to enter into an agreement for the
same. Roll call: All ayes
c. Sheffield Neighborhood DuPlex Renovation
Motion byRuettimann, second by Peterson to reject the one bid
received as recommended by staff. Roi1 call: All ayes
Award Floor Replacement for Kitchen at Murzvn Hall
Motion by Jolly, second byPeterson to award floor replacement
for JPM kitchen to Tile Interior of Hopkins, Minnesota, based
on their low quote of $4,310.31 with funding to come from Fund
101-45129-5120 and to authorize the Mayor and City Manager to
enter into an agreement for the same. Roll call: All ayes
F%L~dina for Water Service Connection in Heritage Heiahts
Motion byRuettimann, second byPeterson to authorize the use
of $15,000 funded in the Water Construction Fund 651-49449-
5130 (watermain cleaning) for replacement services in Heritage
Heights with the stipulation that the early payment premium by
First Choice Homes be used to reimburse the investment to the
Water Fund. Roll call: All ayes
REGULAR COUNCIL MEETING
MARCH 13, 1995
PAGE 12
a. Re_port of the City Manager
The City Manager's report was submitted in written form and a
few items were discussed.
In addition, the following issues were discussed: status of
the barrier on Central Avenue; payment expected from Zaidan
relative to its property on Central Avenue; replacement of
light standards on 40th Avenue; the status of the pedestrian
crossing light on Stinson Boulevard; and, the City Hall
improvement project schedule.
Report of the City Attorney
The City Attorney had nothing to report at this time.
~DJQURNMENT
Motion by Peterson, second by Ruettimann to adjourn
Council Meeting at 8:55 p.m. Roll call: All ayes
the
JO-Anne Student,- ~3U~ncil
;/l~aYo~'~6seph Sturdevant
Secretary