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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