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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