HomeMy WebLinkAboutJuly 13, 1998CORRECTED COPYING
OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
JULY 13, 1998
1. CALL TO ORDERfROLL CALL
The meeting was called to order by the Mayor at 7:00 p.m. Present were Mayor Sturdevant
and Councilmembers Szurek, Jolly, Ruettimarm and Peterson.
2. PLEDGE OF ALLEGIANCE
3. ADDITIONS/DELETIONS TO MEETING AGENDA
Councilmember Jolly requested the removal of 4-C (gambling request for Immaculate
Conception - KJ's Caf6) and a resident requested the removal of 4-N (resolution amending
Administrative Offense Penalty Schedule).
4. CONSENT AGENDA
(Items on the consent agenda are considered to be routine by the City Council and are
enacted as part of the Consent Agenda by one motion. Items removed from consent
agenda approval are taken up as the next order of business.)
Motion by Ruettimann, second by Jolly to approve the consent agenda as follows:
A. Approval of Council Meeting Minutes
The Council approved the minutes of the June 22, 1998 Regular Council Meeting as
presented.
B. Approval of Appointments to Telecommunications, Planning and Zoning and
Police/Fire Civil Service Commissions
The Council appointed the following residents to various commissions: Ruth Graham to
the Telecommunications Commission with term expiring April 2000; John Hunter to the
Planning and Zoning Commission with term expiring April, 2002; and, Bruce Magnuson
to Police/Fire Civil Service Commission with term expiring April, 2001.
C. Approve Request to Serve Beer at Sullivan Park on August 16, 1998 per Request of
VFW
The Council approved the request fi~om Duane Running, Quartermaster of VFW Post
#230, 4446 Central Avenue N.E., Columbia Heights, to serve 3.2 beer in Sullivan Park
from 11:00 a.m. to 6:00 p.m. on Sunday, August 16, 1998 for a VFW event.
REGULAR COUNCIL MEETING
JULY 13, 1998
PAGE 2
D. Approve Request to Serve Beer at Sullivan Park on August 20, 1998 per Request of
Medtronic
The Council approved the request fi'om Carol Menken of Metronic Neurological, 800 53~
Avenue N.E., Columbia Heights, to serve 3.2 beer in Sullivan Park from 8:00 a.m. to 5:00
p.m. on Thursday, August 20, 1998, for Medtronic picnic.
E. Establish Heating Date of July 27, 1998 Regarding Rental Property at 3717 Polk Street
(Michael Shaffer), 3935 Tyler Street (Anthony Wilczek), 1206-08 Circle Terrace (Susan
Loewenthal), and 4544 Madison Street (Wilton Smith)
The Council established a heating date of July 27, 1998 for revocation or suspension of a
license to operate a rental property within the City of Columbia Heights against the
property owners regarding their above-mentioned rental property.
F. Establish Heating Date of August 10, 1998 for Revocation/Suspension of Rental
Property License for 1020 442 Avenue (Greg Heinen)
The Council established a heating date of August 10, 1998 for revocation or suspension of
a license to operate a rental property within the City of Columbia Heights against the
above-named property owner regarding his rental property.
G. Approve Replacement of John P. Murzyn Hall Dishwasher
The Council authorized staff to seek bids to replace the current Murzyn Hall dishwasher
with a new dishwasher at a cost not to exceed $7,250 installed which would be funded out
of the City antenna fired.
H. Authorize Staff to Seek Request for Proposals for the Establishment of a Storm Water
Utility
The Council authorized staffto seek Request for Proposals for consultant services for the
establishment ora storm water utility for the City of Columbia Heights.
I. Authorize Public Works Director to Attend the APWA Congress in Las Vegas, Nevada
from September 14-17-1998
The Council approved the attendance of the Public Works Director at the 1998 APWA
Congress and Exposition in Las Vegas, Nevada, to be held September 14-17,1998, and
that all related expenses be reimbursed from proper Public Works funds.
J. Approve Relining of City Lines - Metropolitan Council of Environmental Services
Sanitary Sewer
The Council approved the relining of 338 feet of 15 inch sanitary sewer (north) at a cost of
$24,000 and to reline 668 feet of sanitary sewer (east) at an estimated cost of $38,155 with
funds to be appropriated from the Sanitary Sewer Construction Fund, 652-49499-5130.
REGULAR COUNCIL MEETING
JULY 13, 1998
PAGE 3
K. Approve Joint Powers Agreement with the City of New Brighton to Repair, Crackseal.
and Sealcoat Stinson Boulevard and Fairway Drive
The Council approved the joint powers agreement with the City of New Brighton to repair,
crackseal and sealcoat Stinson Boulevard, Fairway Drive to 325 feet north of North
Upland Crest within the Cities of New Brighton and Columbia Heights.
L. Authorize Staff to Prepare a Sidewalk Repair and Replacement Policy Ordinance
The Council authorized staff to prepare an ordinance for the repair and replacement of
sidewalks located on public rights-of-way or easements throughout the City, and which
addresses payment procedures for such work.
M. Resolution No. 98-54 - Authorizing Execution of Sub-Grant Agreement for Federal
Assistance Under the Infrastructure Program
The reading of the resolution was waived there being ample copies available for the
public.
RESOLUTION NO. 98-54
AUTHORIZING EXECUTION OF SUB-GRANT AGREEMENT FOR FEDERAL
ASSISTANCE UNDER THE INFRASTRUCTURE PROGRAM
WHEREAS, the City of Columbia Heights suffered damages due to the storms from May
15 to May 30, 1998, and
WHEREAS, the City would like to participate in the Federal Assistance under the
Infrastructure Program as provided by the Federal Emergency Management Act,
NOW, THEREFORE BE IT RESOLVED THAT, the City of Columbia Heights enter into
a Sub-grant Agreement with the Division of Emergency Management in the Minnesota
Department of Public Safety for the program entitled Infrastructure Program for FEMA,
1225 DR-MINNESOTA.
BE IT FURTHER RESOLVED THAT Walter Fehst, City Manager, is hereby authorized
to execute and sign such Sub-Grant Agreements and amendments as are necessary to
implement the project on behalf of the City of Columbia Heights.
REGULAR COUNCIL MEETING
JULY 13, 1998
PAGE 4
Dated this 13t~ day of July, 1998.
Offered by: Ruettimarm
Seconded by: Jolly
Roll call: All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
CERTIFICATION
State of Minnesota
County of Anoka
City of Columbia Heights
I hereby certify that the foregoing resolution is a true and correct copy of a resolution
presented to and adopted by the City Council of Columbia Heights at a meeting thereof
held in the City of Columbia Heights, Minnesota, on the 13t~ day of July, 1998, as
disclosed by the records of said City in my possession.
Jo-Anne Student
Deputy City Clerk
N. Establish Neighborhood Organizations
The Council approved the Planning and Zoning Commission recommendation to direct
staffto: 1) Fine tune the proposed neighborhood map boundaries; 2) Approach the
Minnesota Design Team Steering Committee and/or Neighborhood Subcommittee to
participate in this process; 3) Coordinate a meeting(s) inviting both Committee members
and all citizens expressing an interest in participating in neighborhood organizations, and
4) Work with the Committee to prepare a recommendation(s) for future City Council
consideration on establishing neighborhood organizations within the City of Columbia
Heights.
O. Resolution No. 98-55, Being a Resolution Imposing a Moratorium on Site
Improvements and/or Development of Property Owned by St. Timothy's Lutheran Church
in Columbia Heights
The reading of the resolution was waived there being ample copies available for the
public.
REGULAR COUNCIL MEETING
JULY 13, 1998
PAGE 5
RESOLUTION NO. 98-55
BEING A RESOLUTION IMPOSING A TEN MONTH MORATORIUM ON SITE
IMPROVEMENTS AND/OR DEVELOPMENT OF PROPERTY OWNED BY ST.
TIMOTHY'S LUTHERAN CHURCH IN COLUMBIA HEIGHTS
WHEREAS, the City Council of the City of Columbia Heights has approved rezoning of
certain property at St. Timothy's Lutheran Church, 825 51st Avenue NE, fi.om R-2, Two
Family Residential District, to R-3, Multiple Family Residential District; and
WHEREAS, the purpose of the rezoning request and approval therefor was to permit the
development of a 70-unit, three story, market rate, senior housing rental apartment project
by Nedegaard Custom Homes, Developer, and Mary T. Inc., owner and service provider;
and
WHEREAS, by letter dated June 5, 1998, Mary T. Inc. has informed officials of the City
of Columbia Heights that they will no longer pursue a senior housing project in Columbia
Heights; and
WHEREAS, the City Council has represented in general terms to adjacent property
owners that development of this site was intended for a senior rental apartment project
only; and
WHEREAS, the rezoning of this property to R-3, Multiple Family Residential District
allows as permitted uses other types of projects including, but not limited to, townhouses,
other multiple family dwelling structures, YMCA and similar non-profit organizations;
and
WHEREAS, the City Council determines it is necessary to 1) conduct further research and
analysis as to appropriate land uses for this surrounding area which currently consists of
single family homes, church, public park, and retail business uses; and 2) identify
appropriate zoning and performance standards for the subject property.
NOW, THEREFORE, BE IT RESOLVED THAT the City of Columbia Heights hereby
establishes a moratorium not exceeding ten months on site improvements and/or
devlopment of property owned by St. Timothy's Lutheran Church in Columbia Heights,
with said ten month time period commencing and effective the date of adoption of this
resolution, and recognizing said ten month time period may be shortened by adoption of a
resolution of the City Council upon earlier consideration of staff findings.
REGULAR COUNCIL MEETING
JULY 13, 1998
PAGE 6
BE IT FURTHER RESOLVED that staffis directed as part of the Comprehensive Plan
update and Zoning Ordinance rewrite process to identify appropriate options for zoning of
the subject property; development of recommended performance standards for the various
zoning options; and presentation of the recommendations to the City Council before such
time as the moratorium established by this resolution terminates.
Passed this 13~ day of July, 1998.
Offered by: Ruettimann
Seconded by: Jolly
Roll call: All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
P. Approve Language for General Election Ballot Per Charter Commission's Request
Regarding Length of the Mayor Term
The Council approved the recommended language of the City Attorney (as stated in the
Council Letter) regarding changing the Mayor's term of office and directed the City Clerk
to place this language on the next general election ballot.
Q. License Applications
The Council approved the license applications as listed.
R. Payment of Bills
The Council approved the payment of the bills as listed out of proper funds.
Roll call on Consent Agenda: All ayes
Approved Gambling Request - Immaculate Conception Church (&, KJ's Caf6
This item was removed fi.om the Consent Agenda for additional discussion.
Councilmember Jolly inquired if there is a requirement of gambling license holders to
supply to local control authorities a list of benefactors of gambling profits. The Police
Chief stated this document is "Schedule C" and it identifies recipients of funding fi'om
gambling profits. This is required by law.
REGULAR COUNCIL MEETING
JULY 13, 1998
PAGE 7
Councilmember Jolly requested this list be supplied by the ICC Gambling Operation
before the request is approved.
Motion by Ruettimann, second by Jolly, upon receipt of Schedule C, that the City
Manager forward a letter to the State Charitable Gambling Control Board stating that the
City of Columbia Heights has no objection to the issuance of a Class B premise permit for
the Church of the Immaculate Conception in conjunction with activities at KJ's Caf6 and
Sports Bar, 4005 Central Avenue N.E., Columbia Heights and the City Council waives the
remainder of the sixty-day notice to the local governing body. Roll call: All ayes
Resolution No. 98-53 Being a Resolution Amending Administrative Offense Penalty
Schedule
The resident who requested this be removed from the Consent Agenda did not understand
the intent of the resolution. Councilmember Ruettimarm explained its intent. The resident
had no objections with the passage of the resolution.
The reading of the resolution was waived there being ample copies available for the
public.
RESOLUTION NO. 98-53
BEING A RESOLUTION REGARDING AMENDMENT ADMINISTRATIVE
OFFENSE PENALTY SCHEDULE
WHEREAS, the Columbia Heights City Council adopted Ordinance No. 1358 on October
3, 1997, establishing Section 8 of the Columbia Heights Code entitled "Administrative
Offenses" and,
WHEREAS, Section 8 provides that penalties be imposed for violations of scheduled
administrative offenses according to a schedule established, and amended from time to
time by Resolution of the City Council, and,
WHEREAS, it is the desire of the Columbia Heights City Council to amend said
administrative offense penalty schedule,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia
Heights that the administrative offense penalty schedule is amended as follows:
REGULAR COUNCIL MEETING
JULY 13, 1998
PAGE 8
Offense Description
Refusing to comply with any provision
of Chapter 5A of the Columbia
Heights Code
Contractors must be licensed to
operate
Failure to abide by provisions of the
Zoning Code relating to conditional
use permits
Failure to abide by provisions of the
Zoning Code relating to signs
Failure to abide by provisions of the
Zoning Code relating to performance
standards
Passed this 13th day of July, 1998.
Offered by: Ruettimann
Seconded by: Jolly
Roll call: All ayes
Code
Penalty
5A.611
$100.00
5.607
$100.00
9.105(5)
$100.00
9.117A
$100.00
9.117
$100.00
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
PROCLAMATIONS, INTRODUCTIONS AND PRESENTATIONS
Roxanne Smith, the newly-hired Assistant Finance Director, was introduced.
PUBLIC HEARINGS
A. Second Reading of Ordinance No. 1374 Being an Ordinance Pertaining to the Science,
Technology and Energy Commission
REGULAR COUNCIL MEETING
JULY 13, 1998
PAGE 9
Councilmember Ruettimann felt all of the responsibilities of this commission would be
encompassed by the Telecommunications Commission. The City Manager stated that only
one of the three members had indicated an interest in serving on the Telecommunications
Commission.
Motion by Sturdevant, second by Ruettimann to waive the reading of the ordinance there
being ample copies available for the public. Roll call: All ayes
ORDINANCE NO. 1374
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977,
PERTAINING TO THE SCIENCE, TECHNOLOGY AND ENERGY COMMISSION
The City Council of the City of Columbia Heights does ordain:
Section 1:
Sections 3.314( 1 ) - 3.314(4), inclusive of Ordinance No. 853, City Code o f
1977, which reads as follows, to wit:
3.314(1)
A Science, Technology and Energy Commission is hereby established
which shall consist of seven (7) permanent members to be appointed by the
Council for terms of three (3) years each. Permanent members shall be
residents of the City and shall possess technical expertise by virtue of
education, training, or experience in the physical sciences, engineering, or
mathematics and shall possess at least a baccalaureate degree therein.
3.314(2)
The Science, Technology and Energy Commission shall establish and
appoint its own ex officio members of such numbers and identify as it shall
deem appropriate. Terms of ex officio members shall be of such duration as
is necessary and expedient to the topics being considered by the Science,
Technology and Energy Commission. The Science, Technology and
Energy Commission shall continue thereafter to prepare and maintain a
current list of persons who may agree to donate technical expertise helpful
to the topics which maybe studied by the commission. Ex officio members
may not be residents of the city and their expertise need not be limited to
physical sciences, engineering or mathematics. Each ex officio member
shall possess the title Technical Advisor.
REGULAR COUNCIL MEETING
JULY 13, 1998
PAGE 10
3.314(3) The Science, Technology and Energy Commission shall:
(a)
(c)
(d)
(e)
(f)
(g)
(h)
evaluate and advise the Council on highly technical proposal such as the
use of computer services by the City Administrative Service (as requested
by the Council).
analyze, devise, and recommend to the Planning and Zoning Commission
and Council such changes in the Zoning Code as may be necessary and
desirable to both permit and closely regulate energy conservation
enhancement in structures;
provide analysis and advice to the Planning and Zoning Commission,
Council, Administrative Service or other Boards and Commissions on
technical subjects referred to it fi.om time to time;
advise the Council and aid the Administrative Service in the preparation of
technical specifications for the purchase of technical equipment or services;
review the City Code to determine areas of obsolescence or impending
obsolescence and recommend changes to the City Council before such
problems become acute;
conduct such studies as are necessary to advise the City Council about the
development of a City energy policy and energy action statement;
inform the residential, commercial and industrial citizens of the City of the
importance of energy conservation and motivate the public to conserve
energy as the City Council shall direct; and
evaluate its effectiveness in achieving the City Council's objectives
3.314(4) Notwithstanding the foregoing list of duties, the Science, Technology and Energy
Commission shall undertake none of the tasks provided in this section unless the City
Council specifically directs it to perform such a particular duty.
is hereby repealed.
Section 2:
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:
June 22,1998
July 13,1998
July 13, 1998
Offered by: Sturdevant
Seconded by: Ruettimann
Roll call: All ayes
REGULAR COUNCIL MEETING
JULY 13, 1998
PAGE 11
B. Second Reading of Ordinance No. 1375 Being an Ordinance Amending Ordinance No.
853, City Code of 1977, Pertaining to the Insurance Commission
Motion by Peterson, second by Jolly to waive the reading of the ordinance there being
ample copies available for the public. Roll call: All ayes
ORDINANCE NO. 1375
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977,
PERTAINING TO THE INSURANCE COMMISSION
The City Council of the City of Columbia Heights does ordain:
Section 1:
Sections 3.313(1 ) - 3.313 (5), inclusive of Ordinance No. 853, City Code of
1977, which reads as follows, to wit:
3.313(1)
An Insurance Commission is hereby established, which shall consist of not
more than seven members to be appointed by the council for terms of
indefinite duration. Members shall serve at will and may be removed or
replaced by majority vote of the Council. The Council shall appoint a
Chairman, and the Commission shall select a Secretary from among its
members.
3.313(2)
Members shall be selected from the insurance salesmen doing business
within the City. Notwithstanding any other provision of this Code, the
Chairman of the Commission may be remunerated for his service in such
amount as set by resolution of the Council; provided, however, that said
Chairman or members of his insurance agency shall do no business with the
City of Columbia Heights.
3.313(3)
The Insurance Commission shall serve as an advisory body to the Council
and the administrative service of the City. The Commission shall study and
investigate all areas of potential liability for the city and recommend
insurance coverages therefor in the best interests of the City. The
Commission shall conduct public heatings as are necessary to give full
consideration to such matters.
3.313(4)
The city may purchase such necessary coverages or self insure as the
Commission may advise. Nothing contained herein shall relieve the City
Council from awarding contracts of insurance to the lowest responsible
bidder where such process is lawfully required.
REGULAR COUNCIL MEETING
JULY 13, 1998
PAGE 12
3/313(5)
Section 2:
The Commission shall establish a monthly meeting date and direct the
Secretary to prepare an agenda for each meeting. Said agenda shall be sent
to the Commission members for their consideration at least two days prior
to the meeting date.
is hereby repealed.
This ordinance shall be in full force and effect from and after thirty (30)
days after its passage.
June 22, 1998
July 13, 1998
July 13, 1998
First Reading:
Second Reading:
Date of Passage:
Offered by: Peterson
Seconded by: Jolly
Roll call: All ayes
Jo-Anne Student, Council Secretary
Mayor Joseph Sturdevant
C. Licensing of Rental Property at 4050 4th Street Owned by Bennie Roman
Motion by Ruettimaxm, second by Peterson to open the public heating regarding rental
license revocation for the property located at 4050 4th Street. Roll call: All ayes
Motion by Ruettimann, second by Peterson to table consideration of the revocation of the
rental license at 4050 4th Street until July 27, 1998. Roll call: All ayes
D. Licensing of Rental Property at 4060 4® Street Owned by Bennie Rozman
Motion by Ruettimarm, second by Peterson to open the public hearing regarding rental
license revocation for the property located at 4060 4th Street. Roll call: All ayes
Motion by Ruettimann, second by Peterson to table consideration of the revocation of the
rental license at 4060 4th Street until July 27, 1998. Roll call: All ayes
REGULAR COUNCIL MEETING
JULY 13, 1998
PAGE 13
E. Licensing of Rental Property at 4100 4th Street Owned by Bennie Rozman
Motion by Ruettimann, second by Peterson to open the public hearing regarding rental
license revocation for the property located at 4100 4t~ Street. Roll call: All ayes
Motion by Ruettimann, second by Peterson to table consideration of the revocation of the
rental license for 4100 4* Street until July 27, 1998. Roll call: All ayes
F. Licensing of Rental Property at 4120 4th Street Owned by Bennie Rozman
Motion by Jolly, second by Szurek to open the public hearing regarding rental license
revocation for the property located at 4120 4th Street. Roll call: All ayes
Motion by Jolly, second by Szurek to table consideration of the revocation of the rental
license at 4120 4th Street until July 27, 1998. Roll call: All ayes
G. Licensing of Rental Property at 4425 University Avenue Owned by Bennie Rozman
Motion by Jolly, second by Szurek to open the public heating regarding rental license
revocation for the property located at 4425 University Avenue. Roll call: All ayes
Motion by Jolly, second by Szurek to table consideration of the revocation of the rental
license at 4425 University Avenue until July 27, 1998. Roll call: Ail ayes
H. Licensing of Rental Property at 4433 University Avenue Owned by Bermie Rozman
Motion by Jolly, second by Szurek to open the public hearing regarding rental license
revocation for the property located 4433 University Avenue. Roll call: All ayes
Motion by Jolly, second by Szurek to table consideration of the revocation of the rental
license at 4433 University Avenue until July 27, 1998. Roll call: All ayes
I. Licensing of Rental Property at 4441 University Avenue Owned by Bennie Rozman
Motion by Jolly, second by Szurek to open the public heating regarding rental license
revocation for the property located at 4441 University Avenue. Roll call: All ayes
Motion by Jolly, second by Szurek to table consideration of the revocation of the rental
license at 4441 University Avenue until July 27, 1998. Roll call: All ayes
REGULAR COUNCIL MEETING
JULY 13, 1998
PAGE 14
J. Licensing of Rental Property at 4704 University Avenue Owned by Bennie Rozman
Motion by Peterson, second by Sturdevant to open the public heating regarding rental
license revocation for the property located at 4707 University Avenue. Roll call: All ayes
Motion by Peterson, second by Sturdevant to table consideration of the revocation of the
rental license for 4707 University Avenue until July 27, 1998. Roll call: All ayes
K. Licensing of Rental Property at 4715 University Avenue Owned by Bennie Rozman
Motion by Peterson, second by Sturdevant to open the public hearing regarding rental
license revocation for the property located at 4715 University Avenue. Roll call: All ayes
Motion by Peterson, second by Sturdevant to table consideration of the revocation of the
rental license for 4715 University Avenue until July 27, 1998. Roll call: All ayes
L. Licensing of Rental Property at 5121 University Avenue Owned by Bennie Rozman
Motion by Peterson, second by Sturdevant to open the pubic heating regarding rental
license revocation for the property located at 5121 University Avenue. Roll call: All ayes
Motion by Peterson, second by Sturdevant to table consideration of the revocation of the
rental license at 5121 University Avenue until July 27, 1998. Roll call: All ayes
M. Licensing of Rental Property at 5131 University Avenue Owned by Bennie Rozman
Motion by Szurek, second by Jolly to open the public heating regarding rental license
revocation for the property located at 5131 University Avenue. Roll call: All ayes
Motion by Szurek, second by Jolly to table consideration of the revocation of the rental
license at 5131 University Avenue until July 27, 1998. Roll call: All ayes
N. Licensing of Rental Property at 5141 University Avenue Owned by Bennie Rozman
Motion by Szurek, second by Jolly to open the public hearing regarding the rental license
revocation for the property located at 5141 University Avenue. Roll call: All ayes
Motion by Szurek, second by Jolly to table consideration of the revocation of the rental
license at 5141 University Avenue until July 27, 1998. Roll call: All ayes
REGULAR COUNCIL MEETING
JULY 13, 1998
PAGE 15
7. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
1) Resolution No. 98-56 Declaring the Property at 1260 46~ Avenue as Hazardous
The Building Official reviewed the history of this structure and its current condition.
Motion by Peterson, second by Szurek to waive the reading of the resolution there being
ample copies available for the public. Roll call: All ayes
RESOLUTION NO. 98-56
RESOLUTION OF THE CITY COUNCIL FROM THE CITY OF COLUMBIA
HEIGHTS REQUESTING REMOVAL OF A HAZARDOUS STRUCTURE LOCATED
AT 1260 46TM AVENUE NORTHEAST
WHEREAS, there is an abandoned portion of a building at 1260 46t~ Avenue which has
been vacated since March 20, 1996, and
WHEREAS, Minnesota Statute 463.15 to 463.26 authorizes municipalities to address
hazardous and substandard structures and properties, and
WHEREAS, the City of Columbia Heights finds this abandoned property to be hazardous
based on the following code violations as contained in the Findings of Fact:
FINDINGS OF FACT
Dangerous Building Definitions Chapter 3 of the 1994 Uniform Code for the Abatement
of Dangerous Buildings:
302(5) Whenever any portion or member or appurtenance thereof is likely to fail, or to
become dislodged, or to collapse and thereby injure persons or damage property.
302(8) Whenever the building or structure, or any part thereof, because of(i) dilapidation,
deterioration or decay; (ii) faulty construction; (iii) the removal, movement or instability
of the ground necessary for the purpose of supporting such building; (iv) the deterioration,
decay or inadequacy of its foundation; or (v) any other cause, is likely to partially or
completely collapse.
REGULAR COUNCIL MEETING
JULY 13, 1998
PAGE 16
302(9) Whenever, for any reason, the building or structure, or any portion thereof, is
manifestly unsafe for the purpose for which it is being used.
302(10)Whenever the exterior walls or other vertical structural members list, lean or
buckle to such an extent that a plumb line passing through the center of gravity does not
fall inside the middle one third of the base.
302(11) Whenever the building or structure exclusive of the foundation, shows 33 percent
or more damage or deterioration of its supporting members, or 50 percent damage or
deterioration of its supporting members, or 50 percent damage or deterioration of its non
supporting members, enclosing or outside walls or coverings.
302(12) Whenever the building or structure has been damaged by fire, wind, or flood, or
has become so dilapidated or deteriorated as to become (i) an attractive nuisance to
children; (ii) a harbor for vagrants, criminals, or immoral persons; or as to (iii) enable
persons to resort thereto for the purpose of committing unlawful or immoral acts.
302(17) Whenever any building or structure is in such a condition as to constitute a public
nuisance known to the common law or in equity jurisprudence.
302(18) Whenever any portion of a building or structure remains on a site after the
demolition or destruction of the building or structure or whenever any building or structure
is abandoned for a period in excess of six months so as to constitute such building or
portion thereof an attractive nuisance or hazard to the public.
THEREFORE, BE IT RESOLVED on the Building Official's conclusions that, the
structure at 1260 46* Avenue Northeast is substandard and seriously deteriorated, that it
lacks minimum standards for habitable space per 1995 Mn State Building Code and 1994
Uniform Code for the Abatement of Dangerous Buildings, and the Building Official is
recommending the structure be removed, the perimeter fencing be replaced and the lot be
graded for future development refilling any and all large excavations presently on the
property.
Conclusions of Council
That all relevant parties have been duly notified of this action.
That the vacant and abandoned structure on the property at 1260 46th Avenue Northeast is
hazardous and in violation of many local, state and national code requirements.
REGULAR COUNCIL MEETING
JULY 13, 1998
PAGE 17
That the structure can not be rehabilitated to bring it into compliance with local, state and
national code requirements.
Order of Council
The non-occupied remaining portion of a house structure at 1260 46th Avenue
Northeast, Columbia Heights, Minnesota, is a hazardous building pursuant to
Minn. Stat. 463.152, 463.616.
Pursuant to the foregoing findings and in accordance with Minnesota Statutes, the
City Council hereby orders the record of the above-hazardous building or his heirs,
to raze the building within thirty (30) days of the date of service of this order. The
site must then be restored to a safe condition with fill and fencing as necessary.
The City Council further orders that personal property or fixtures that may
unreasonably interfere with the razing and removal of the building shall be
removed within thirty (30) days, and if not so removed by the owner, the City of
Columbia Heights may remove and sell such personal property and fixtures at
public auction in accordance with law.
The City Council further orders that unless such corrective action is taken or an
answer is served upon the City of Columbia Heights and filed in the office of the
Court Administration of the District Court of Anoka County, Minnesota, within
thirty (30) days from the date of service of this order, a motion for summary
enforcement of this order will be made to the District Court of Anoka County.
The City Council further orders that if the City is compelled to take any correction
action herein, all necessary costs expended by the City will be assessed against the
real estate concerned, and collected in accordance with Minn. Stat. 463.22.
The mayor, the clerk, city attorney and other officers and employees of the City are
authorized and directed to take such action, prepare, sign and serve such papers as
are necessary to comply with this order, and to assess the cost thereof against the
real estate described above for collection, along with taxes.
Passed this 13th day of July, 1998.
Offered by: Peterson
Seconded by: Szurek
Roll call: All ayes
REGULAR COUNCIL MEETING
JULY 13, 1998
PAGE 18
2) Resolution No. 98-57 Being a Resolution Declaring the Garage and Retaining Wall
Located at 3900 Central Avenue as Hazardous
The Building Official reviewed the history of this garage and wall as well as their current
status.
Motion by Sturdevant, second by Jolly to waive the reading of the resolution there being
ample copies available for the public. Roll call: All ayes
RESOLUTION NO. 98-57
RESOLUTION OF THE CITY COUNCIL FROM THE CITY OF COLUMBIA
HEIGHTS REQUESTING REMOVAL OF HAZARDOUS STRUCTURES LOCATED
AT 3900 CENTRAL AVENUE NORTHEAST
WHEREAS, there is a substandard building and retaining wall at 3900 Northeast Central
Avenue which have been dilapidated, unsafe since February 2, 1998, and
WHEREAS, Minnesota Statute 463.15 and 463.26 authorizes municipalities to address
hazardous and substandard structures and properties, and
WHEREAS, the City of Columbia Heights finds this property to be hazardous based on
the following code violations as contained in the Findings of Fact:
FINDINGS OF FACT
Dangerous Building Definitions Chapter 3 of the 1994 Uniform Code for the Abatement
of Dangerous Buildings:
302(5) Whenever any portion or member or appurtenance thereof is likely to fail, or to
become dislodged, or to collapse and thereby injure persons or damage property.
302(8) Whenever the building or structure, or any part thereof, because of(i) dilapidation,
deterioration or decay; (ii) faulty construction; (iii) the removal, movement or instability
of the ground necessary for the purpose of supporting such building; (iv) the deterioration,
decay or inadequacy of its foundation; or (v) any other cause, is likely to partially or
completely collapse.
302(9) Whenever, for any reason, the building or structure, or any portion thereof, is
manifestly unsafe for the purpose for which it is being used.
REGULAR COUNCIL MEETING
JULY 13, 1998
PAGE 19
302(10) Whenever the exterior walls or other vertical structural members list, lean or
buckle to such an extent that a plumb line passing through the center of gravity does not
fall inside the middle on third of the base.
302(11) Whenever the building or structure exclusive of the foundation, shows 33 percent
or more damage or deterioration of its supporting members, or 50 percent damage or
deterioration of its non supporting members, enclosing or outside walls or coverings.
302(17) Whenever any building or structure is in such a condition as to constitute a public
nuisance known to the common law or in equity jurisprudence.
THEREFORE, BE IT RESOLVED on the Building Official% conclusions that, the
structures at 3900 Central Avenue Northeast are substandard and seriously deteriorated,
that they lack minimum standards for habitable space per 1995 Mn State Building Code
and 1994 Uniform Code for the Abatement of Dangerous Buildings, and the Building
Official is recommending the structures be removed, and the lot be graded eliminating the
need for a retaining wall.
Conclusions of Council
That all relevant parties have been duly notified of this action.
That the structures on the property at 3900 Central Avenue Northeast are hazardous and in
violation of many local, state and national code requirements.
That the structures can not be rehabilitated to bring them into compliance with local, state
and national code requirements.
Order of Council
The remaining portion of retaining wall structure and the existing detached garage
at 3900 Central Avenue Northeast, Columbia Heights, Minnesota, is a hazardous
building pursuant to Minn. Stat. 463.152, 463.616.
Pursuant to the foregoing findings and in accordance with Minnesota Statutes, the
City Council hereby orders the record owner of the above-hazardous building, or
his heirs, to raze the building and retaining wall at the west property boundary
within thirty (30) days of the date of service of this order. The site must then be
restored to a safe condition with fill as necessary.
REGULAR COUNCIL MEETING
JULY 13, 1998
PAGE 20
The City Council further orders that personal property or fixtures that may
unreasonably interfere with the razing and removal of the structures shall be
removed within thirty (30) days, and if not so removed by the owner, the City of
Columbia Heights may remove and sell such personal property and fixtures at
public auction in accordance with law.
The City Council further orders that unless such corrective action is taken or an
answer is served upon the City of Columbia Heights and filed in the office of the
Court Administration of the District Court of Anoka County, Minnesota, within
thirty (30) days from the day of the service of this order, a motion for summary
enforcement of this order will be made to the District Court of Anoka County.
The City Council further orders that if the City is compelled to take any correction
action herein, all necessary costs expended by the City will be assessed against the
real estate concerned, and collected in accordance with Minn. Stat. 463.22.
The mayor, the clerk, city attorney and other officers and employees of the City are
authorized and directed to take such action, prepare, sign and serve such papers as
are necessary to comply with this order, and to assess the cost thereof against the
real estate described above for collection, along with taxes.
Passed this 13th day of July, 1998.
Offered by: Sturdevant
Seconded by: Jolly
Roll call: All ayes
Jo-Anne Student, Council Secretary
Mayor Joseph Sturdevant
B. Bid Considerations
There were no bid considerations.
REGULAR COUNCIL MEETING
JULY 13, 1998
PAGE 21
C. Other Business
1) Accept Engineering Study Reports
Motion by Ruettimann, second by Sturdevant to accept the Engineering Study Reports as
prepared by the engineering firm of BRA. Roll call: All ayes
Motion by Ruettimann, second by Peterson to authorize the firm of BRA to prepare the
design of the storm sewer improvements as recommended in the engineering studies. Roll
call: All ayes
Motion by Ruettimann, second by Peterson to authorize the City Attomey and city staffto
determine property acquisition requirements based upon funding eligibility. Roll call: All
ayes
2) Approve Conditional Use Permit, 3856 Quincy Street
Councilmember Jolly expressed a concern with the actual shutting offofthe water service
to this property. He requested staff to follow up on this concern.
Motion by Jolly, second by Peterson to approve the conditional use permit to allow off-
street parking in the R-3 District at 3856 Quincy Street subject to the following conditions:
a. Ownership of the properly shall be transferred to the applicant
b. All required state and local codes will be met and in full compliance
c. All lighting used to illuminate the off-street parking area shall be shaded or diffused so
as to reflect the light away from the adjoining property and a lighting plan will need to be
reviewed and approved by staff
d. A fence, not over 6 feet high nor less than 3 V2 feet high, shall be erected along the
property line abutting a residential district and shall be at least 50% opaque
e. A bumper curb of 5-7 inches high, is required around the perimeter of parking area
f. There shall be a minimum of two feet open space maintained between the bumper curb
surrounding the parking area and the property line
g. Driveways shall not exceed 6% and the parking lot shall be graded according to a
drainage plan which has been approved by the Department of Public Works
h. The maximum slope of any banks shall be 1:3
i. The parking lot will need to be striped and parking stalls are required to be 9'x20'
Roll call: All ayes
REGULAR COUNCIL MEETING
JULY 13, 1998
PAGE 22
3. Approve Conditional Use Permit - 5098 Central Avenue
Motion by Szurek, second by Jolly to approve the conditional use permit to allow the
operation of a Papa John's Pizza Prepared Food Delivery Establishment in the retail
business zoning district at 5098 Central Avenue subject to the following conditions:
a. All required state and local codes, permits, and inspections including, but not limited to,
building permits, fire code, and health department regulations will be met and in full
compliance
b. Waste material storage shall be located and screened in a manner consistent with the
Zoning Ordinance.
c. The new light poles shown on the site plan shall be relocated from the right-of-way onto
the site, and light directed onto adjoining properties and public streets shall not exceed
three (3) foot candles, and a lighting plan will need to be reviewed and approved by staff.
d. The seven (7) parking spaces along the northern property boundary will need to be
brought into compliance through removal.
e. A bumper curb of 5-7 inches high shall be provided along the residential property
boundary to the west of the subject parcel.
Roll call: All ayes
4) Deny Variance Application, 3723 Polk Street
Council requested staff to research again any altematives and options for increasing the
living space at this property and assist the property owner.
Motion by Sturdevant, second by Szurek to deny the variance application of a 400 square
foot house addition at 3723 Polk Street because hardship has not been established and the
addition would extend an existing nonforming use. Roll call: All ayes
5) Approve Variance Application, 4015 Stinson Boulevard
Motion by Peterson, second by Szurek to approve the variance of 2,072 square feet at
4015 Stinson Boulevard as the unusual topography and potential loss of trees and
shrubbery around the existing garage create a hardship. Roll call: All ayes
REGULAR COUNCIL MEETING
JULY 13, 1998
PAGE 23
6) Approve Variance Application - 4757 Central Avenue
Motion by Jolly, second by Szurek to approve the variance of 10 parking spaces to keep
the existing parking spaces in the front yard at 4757 Central Avenue rather than the
required curb and landscaping because the shape of the lot and topography create a
hardship. Roll call: All ayes
Motion by Jolly, second by Szurek to recommend City Council approval of the variance of
five (5) feet to maintain 10 existing parking spaces that are nine (9) feet wide and 15 feet
in length because the shape of the lot and topography create a hardship. Roll call: All ayes
7) Establish a Complete Count Committee to Assist the Census Bureau's Efforts for
Census 2000
The City Manager stated he will publicize the need for residents to apply for service on
this committee. Councilmember Jolly suggested members of the Human Services
Commission may be interested in serving on the Complete Count Committee.
Motion by Sturdevant, second by Jolly to establish a Complete Count Committee to assist
the Census Bureau's efforts for Census 2000.
8) Deny Solicitor License
Motion by Ruettimann, second by Sturdevant to deny the request for a solicitor's license
on behalf of Robert Arthur Erickson based on the recommendation of the Police
Department due to his driving record and criminal history. Roll call: All ayes
8. ADMINISTRATiVE REPORTS
A. Report of the City Manager
City Bus: The City Manager and City Mechanic visited an MTC bus garage to view buses
available to the City. The City Manager stated that the current inventory of buses are very
large and have high mileage. He was advised that other buses may become available
which would be more desirable. He suggested an item for a future work session would be
to discuss the Council's intended use and purpose for a City bus and what was to be
achieved by having a bus available. He also recommended the Council discuss the
possible pumhase of a van and determine funding sources required.
REGULAR COUNCIL MEETING
JULY 13, 1998
PAGE 24
Sale of Local Bank Building: The former bank building located on 41s' and Central
Avenues has been sold. Tenants are being sought.
Comrnunity Meetings: On July 30th there is a meeting at Murzyn Hall for the public to
discuss the Comprehensive Plan. The City Manager also reminded the Council of the July
14® meeting to discuss the Livable Communities Grant with a consultant.
B. Report of the City Attorney
The City Attorney had nothing to report at this time.
9. GENERAL COUNCIL COMMUNICATIONS
A. Minutes of Boards and Commissions
Minutes fi.om the following meetings were included on the agenda: June 16, 1998 EDA
Meeting, May 21, 1998 Charter Commission Meeting, and July 6, 1998 Traffic
Commission Meeting. No Council action was required.
10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA
The resident at 4307 Tyler Street stated her son had been playing street hockey in front of
her home. He was told by a Columbia Heights Police Officer to not continue playing
hockey in the street. She suggested there is no state nor local law which prohibits playing
hockey in the street. She also felt the officer had frightened her son and that an apology
would be appropriate.
The City Attorney stated that the State gives municipalities and police departments the
authority to monitor activity in streets and rights-of-way. This is under the purview of
public health, safety and welfare and this authority does not have to specifically address
this behavior. It is viewed as "child endangerment" if this activity is condoned or allowed
to continue.
Discussion followed regarding usage of parks for skateboarding. The resident stated her
son is too afl.aid to play in the street and she felt this was regrettable. She was advised that
he can skateboard in the same area as bicycles are allowed but playing ball or hockey in
the street are prohibited activities. Councilmembers Jolly and Ruettimann indicated a
willingness to meet with concerned parents to discuss the issue. The Police Chief offered
to meet with the child, his parents, and the officer mentioned, at a time and place
convenient to the parent.
REGULAR COUNCIL MEETING
JULY 13, 1998
PAGE 25
Miscellaneous Items: Councilmember Jolly recognized the high level of commitment by
the Public Works Department employees and the Fire Department Inspections Department
for inspections being done throughout the summer. Councilmember Jolly noted that the
fence on the east side of Jackson Pond is in disrepair and needs some attention.
11. ADJOURNMENT
Motion by Ruettimann, second by Szurek to adjourn the Council Meeting at 8:45 p. m.
Roll call: All ayes
e Student, Council Secretary
· Mayor qoseph Sturdevant