HomeMy WebLinkAboutOctober 26, 1998OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
OCTOBER 26, 1998
1. CALL TO ORDER/ROLL CALL
The meeting was called to order by Mayor Sturdevant at 7:00 p.m. Present were Mayor
Sturdevant and Councilmembers Szurek, Jolly, Ruettimann and Peterson.
2. PLEDGE OF ALLEGIANCE
3. ADDITIONS/DELETIONS TO THE MEETING AGENDA
There were no additions nor deletions to the meeting agenda.
4. CONSENT AGENDA
Motion by Sturdevant, second by Ruettimann to approve the Consent Agenda as follows:
a) Approval of Meeting Minutes
The Council approved the minutes of the October 12, 1998 Regular Council Meeting as
presented.
b) Re-Issue Rental Housing License After Revocation
The Council approved the issuance of a rental housing license to Anthony Wilzcek to
operate the rental property located at 3935 Tyler Street in that the provisions of the
Housing Maintenance Code have been complied with.
c) Establish Hearing Dates - License Revocation/Rental Properties
The Council established a hearing date of November 9, 1998 for revocation or suspension
of a license to operate a rental property within the City of Columbia Heights against
Vincent Hanson at 4619-21 Taylor Street NE.
The Council established a hearing date of November 9, 1998 for revocation or suspension
of a license to operate a rental property within the City of Columbia Heights against Susan
Thoren at 4660-62 Taylor Street NE.
The Council established a hearing date of November 9, 1998 for revocation or suspension
of a license to operate a rental property within the City of Columbia Heights against
William Frauly at 4544-46 Fillmore Street NE.
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OCTOBER 26, 1998
PAGE 2
The Council established a hearing date of November 9, 1998 for revocation or suspension
of a license to operate a rental property within the City of Columbia Heights against Vicki
Hamilton at 1024-1026 45th Avenue NE.
The Council established a hearing date of November 9, 1998 for revocation or suspension
of a license to operate a rental property within the City of Columbia Heights against Sally
Anderson at 3843-3843 1/2 Hayes Street NE.
The Council established a hearing date of November 9, 1998 for revocation or suspension
of a license to operate a rental property within the City of Columbia Heights against
Francis Job at 4017 6th Street NE.
d) Close Public Hearings Regarding Revocation/Suspension of Rental License
The Council closed the public hearing regarding the revocation or suspension of the rental
license held by Jocelyn Hoffarth regarding rental property at 672 48th Avenue in that the
property is in compliance with the Housing Maintenance Code.
The Council closed the public hearing regarding the revocation or suspension of the rental
license held by Jason Bouchard regarding rental property at 1336-1338 43 lA Avenue in
that the property is in compliance with the Housing Maintenance Code.
The Council closed the public hearing regarding the revocation or suspension of the rental
license held by Ivan Ludeman regarding rental property at 4648 Polk Street in that the
property is in compliance with the Housing Maintenance Code.
The Council closed the public hearing regarding the revocation or suspension of the rental
license held by Ivan Ludeman regarding rental property at 4640 Polk Street in that the
property is in compliance with the Housing Maintenance Code.
The Council closed the public hearing regarding the revocation or suspension of the rental
license held by Richard Stueland regarding rental property at 1035 45th Avenue in that the
property is in compliance with the Housing Maintenance Code.
The Council closed the public hearing regarding the revocation or suspension of the rental
license held by Roger Gillespie regarding rental property at 1010 42nd Avenue in that the
property is in compliance with the Housing Maintenance Code.
The Council closed the public hearing regarding the revocation or suspension of the rental
license held by David Utke regarding rental property at 3947 Arthur Street in that the
property is in compliance with the Housing Maintenance Code.
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OCTOBER 26, 1998
PAGE 3
The Council closed the public hearing regarding the revocation or suspension of the rental
license held by Gary Bailey regarding rental property at 233 42nd Avenue in that the
property is in compliance with the Housing Maintenance Code.
The Council closed the public hearing regarding the revocation or suspension of the rental
license held by Sharon Vermeer regarding the rental property at 615 40th Avenue in that
the property is in compliance with the Housing Maintenance Code.
The Council closed the public hearing regarding the revocation or suspension of the rental
license held by Farzara Khan regarding the rental property at 966-968 44 lA Avenue in that
the property is in compliance with the Housing Maintenance Code.
The Council closed the public hearing regarding the revocation or suspension of the rental
license held by Lynde Investment Company regarding rental property at 4050, 4060, 4100,
4120 4th Street and 4425, 4433, 4441, 4707, 4715, 5121, 5131, and 5141 University
Avenue in that the properties are in compliance with the Housing Maintenance Code.
e) Resolution No. 98-92 Regarding the 1999 Metropolitan Livable Communities Program
The Council waived the reading of the resolution there being ample copies available for
the public.
RESOLUTION NO. 98-92
BEING A RESOLUTION OF THE COLUMBIA HEIGHTS CITY COUNCIL
ELECTING TO CONTINUE PARTICIPATION IN THE LOCAL HOUSING
INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN
LIVABLE COMMUNITIES ACT
WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes Section
473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is
intended to address housing and other development issues facing the metropolitan area
defined by Minnesota Statutes Section 473.121; and
WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base
Revitalization Account, the Livable Communities Demonstration Account and the Local
Housing Incentive Account, is intended to provide certain funding and other assistance to
metropolitan area municipalities; and
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OCTOBER 26, 1998
PAGE 4
WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans
under the Metropolitan Livable Communities Fund or eligible to receive certain polluted
sites cleanup funding from the Minnesota Department of Trade and Economic
Development unless the municipality is participating in the Local Housing Incentives
Account Program under the Minnesota Statutes Section 473.254; and
WHEREAS, each municipality must identify to the Metropolitan Council the actions the
municipality plans to take to meet the established housing goals through preparation of the
Housing Action Plan; and
WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing,
negotiated affordable and life-cycle housing goals for each participating municipality; and
WHEREAS, a metropolitan area municipality which elects to participate in the Local
Housing Incentives Account Program must do so by November 15 of each year; and
WHEREAS, for calendar year 1999, a metropolitan area municipality that participated in
the Local Housing Incentive Account Program during the calendar year 1998, can
continue to participate under Minnesota Statutes Section 473.254 if: (a) the municipality
elects to participate in the Local Housing Incentives Account Program by November 15,
1998; and (b) the Metropolitan Council and the municipality have successfully negotiated
affordable and life-cycle housing goals for the municipality:
NOW, THEREFORE, BE IT RESOLVED that the Columbia Heights City Council hereby
elects to participate in the Local Housing Incentives Program under the Metropolitan
Livable Communities Act during the calendar year 1999.
Passed this 26th day of October, 1998.
Offered by: Sturdevant
Seconded by: Ruettimann
Roll call: All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
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OCTOBER 26,1998
PAGE 5
f) Establish Dates for Council Work Sessions in November
The Council established the following dates and times for Council work sessions:
Wednesday, November 4, 1998 immediately following the 7:00 p.m. Election Canvass and
Monday, November 16, 1998 immediately following the 7:00 p.m. Levy Hearing.
g) Resolution No. 98-95 Being a Resolution Awarding the Sullivan Lake Park Sanitary_
Lift Station Improvements to Penn Contracting in the Amount of $205,586
The reading of the resolution was waived there being ample copies available for the public.
RESOLUTION NO. 98-95
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR
SULLIVAN LAKE PARK SANITARY LIFT STATION IMPROVEMENTS
CITY PROJECT #1997-22 TO PENN CONTRACTING
WHEREAS, pursuant to an advertisement for bids for City Project #1997-22, Sullivan
Lake Sanitary Lift Station Improvements, six bids were received, opened and tabulate
according to law. The following bidders complied with the advertisement.
Bidder Base Bid
Deduct Alternate 1
Penn Contracting $206,486.00 $ 900
Barbarossa & Sons $214,469.00 $ 0
W. B. Miller $218,127.60 $1,000
Great Western $218,228.48 $1,200
Richard Knutson, Inc. $243,150.87 $ 500
Northdale Const. $245,142.23 $ 0
WHEREAS, it appears that Penn Contracting of 13025 Central Avenue, Blaine,
Minnesota is the lowest responsible bidder.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA
HEIGHTS, MINNESOTA
The Mayor and Clerk are hereby authorized and directed to enter into a contract
with Penn Contracting in the name of the City of Columbia Heights for Sullivan
Lake Park Sanitary Lift Station Improvements, City Project No. 1977-22,
according to plans and specifications therefore approved by the Council.
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OCTOBER 26, 1998
PAGE 6
The City Engineer is hereby authorized and directed to return, forthwith, to all
bidders, the deposits made with their bids except the deposit of the successful
bidder and the next lowest bidder shall be retained until the contract has been
signed.
Dated this 26th day of October, 1998.
Offered by: Sturdevant
Seconded by: Ruettimann
Roll call: All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
h) AS400 Computer System
The Council authorized the Mayor and City Manager to enter into a contract with IBM
for the acquisition of an AS400 e 170 computer system, installation/data transfer services,
five year software maintenance plan and three year hardware maintenance plan.
i) Replacement of Copier for City Hall
The Council authorized the Mayor and City Manager to enter into a purchase agreement
with Danka Office Imaging Company to purchase the Kodak 285S at a price of $12,445
and the Toshiba 2060 at a price of $1,998.
The Council authorized the Mayor and City Manager to enter into a thirty-six month
maintenance agreement with Danka Office Imaging Company at a cost of $0.01 per copy
for the Kodak 285S and $27.00 per month for the Toshiba 2060.
j) Payment of the Bills
The Council approved the payment of the bills as listed out of proper funds.
k) Approval of License Applications
The Council approved the license applications as listed.
1) Amendment to Minnesota Investment Fund Loan Agreement
The Council approved the First Amendment to the Agreement for Loan of Minnesota
Investment Fund between the City of Columbia Heights and Medtronic, Inc. and also
authorized the Mayor and City Manager to enter into an agreement for the same.
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OCTOBER 26, 1998
PAGE 7
m) Regional Remodeling Planbook
The Council authorized payment of $5,000 to the Fridley Housing and Redevelopment
Authority to assist in preparation of the Regional Planbook and that all related expenses be
reimbursed from 226-46310-3050 and the Mayor and City Manager were authorized to
enter into an agreement for the same.
n) Approval of Classification and County Sale of Certain Forfeit Land
The Council approved the classification and sale of 1334 44 lA Avenue P.I.N. 36 30 24 21
0075 and authorized the City Manager to return to the Anoka County Board the
completed classification and sale approval forms along with a copy of this motion.
o) Recommend Approval of Property Tax Payment for Sheffield TIF District M8
The Council approved the payment to Anoka County in the total amount of $6,291.29 for
past due taxed in the Sheffield Tax Increment District M8 and authorized the City
Manager and Mayor to appropriate funds from Fund 603.
p) Approve Acquisition of Tax Forfeited Land at 4241 Seventh Street
The Council authorized the City Manager to file a written application along with a copy of
this motion to the Anoka County Board to withhold the parcel at 4241 Seventh Street NE,
P.I.N. 35 30 24 13 0022 from the sale of forfeit land and to complete and submit all
necessary forms and certifications.
The Council authorized the EDA to acquire the property at 4241 Seventh Street NE,
P.I.N. 35 30 24 13 0022 from Anoka County and authorized the appropriation of
$7,926.44 from the Refuse Fund 603 with said funds to be repaid upon the sale of
property by the EDA.
Roll call on Consent Agenda: All ayes
5. PROCLAMATIONS, INTRODUCTIONS, PRESENTATIONS AND GUESTS
a) Recognition of Service on Charter Commission
Bruce Nawrocki was recognized for his sixteen years of service on the Charter
Commission.
6. PUBLIC HEAR1NGS
There were no public hearings.
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OCTOBER 26, 1998
PAGE 8
7. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
1) Resolution No. 98-93 Being a Resolution Establishing Amount of City Share and
Amount of Special Assessments on Projects to be Levied
Motion by Ruettimann, second by Peterson to waive the reading of the resolution there
being ample copies available for the public. Roll call: All ayes
A resident from Polk Place, which was included in the assessable project area, inquired if
the assessments will remain the same as those which were presented at the Assessment
Hearing. He was advised that the assessed portion will remain the same but the City's
portion may be different.
RESOLUTION NO. 98 - 93
BEING A RESOLUTION ESTABLISHING AMOUNT OF
CITY SHARE AND AMOUNT OF SPECIAL ASSESSMENTS
ON PROJECTS TO BE LEVIED
WHEREAS, the City Council of the City of Columbia Heights by motion on the
14th day of September, 1998, ordered a special assessment hearing to levy the cost
of improvements and
WHEREAS, the following projects will be specially assessed on November 16,
1998, and a portion of the costs may be borne by the City,
NOW, THEREFORE, BE IT HEREBY RESOLVED, pursuant to Minnesota
Statutes 429.061, and City Code 4.103, that the breakdown is as follows:
CITY ASSESSED
PROJECT PORTION PORTION TOTAL
STREET RECON. $273,466.42 $143,091.00
$416,557.42
P.I.R. 958- 9708
P.I.R. 959- 9709
P.I.R. 960- 9710
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OCTOBER 26, 1998
PAGE 9
RECYCLED BASE WITH
NEW BITUMINOUS
SURFACE 184,119.61
156,541.00
340,660.61
P.I.R. 954- 9704
P.I.R. 955- 9705
P.I.R. 957- 9707
P.I.R. 971- 9727
P.I.R. 972- 9728
P.I.R. 973 -9729
MILL & OVERLAY 186,707.73
P.I.R. 953 -9703
P.I.R. 956- 9706
P.I.R. 967- 9723
P.I.R. 968- 9724
P.I.R. 969- 9725
P.I.R. 970- 9726
P.I.R. 974- 9730
P.I.R. 975- 9731
P.I.R. 976- 9732
SEALCOATING ZONE 3 115,677.04
P.I.R. 961- 9801
Passed this 26th day of October, 1998.
Offered by: Ruettimann
Seconded by: Peterson
Roll call: All ayes
230,460.00
24,452.12
Mayor Joseph Sturdevant
417,167.73
140,129.16
Jo-Anne Student, Council Secretary
REGULAR COUNCIL MEET1NG
OCTOBER 26, 1998
PAGE 10
2) Resolution No. 98-94 Being a Resolution Regarding Removal of Hazardous Structure -
1010 40th Avenue NE
Motion by Peterson, second by Sturdevant to waive the reading of the resolution there
being ample copies available for the public. Roll call: All ayes
RESOLUTION NO. 98-94
RESOLUTION OF THE CITY COUNCIL FROM THE CITY OF COLUMBIA
HEIGHTS REQUESTING ABATEMENT OF THE HAZARDOUS DETACHED
STRUCTURE LOCATED AT 1010 N.E. 40TM AVENUE
WHEREAS, there is a hazardous detached building at 1010 N.E. 40th Avenue which has
been unsecured, unsafe longer than 90 days, 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 property to be hazardous based on
the following code violations as contained in the Findings of Fact:
F1NDINGS OF FACT
Dangerous Buildings Definitions Chapter 3 of the 1994 Uniform Code for the Abatement
of Dangerous Buildings:
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(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 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, earthquake
or flood or has become so dilapidated or deteriorated as to become an attractive nuisance
to children, a harbor for vagrants, criminals, or immoral persons; or as to enable persons
to resort thereto for the purpose of committing 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.
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OCTOBER 26, 1998
PAGE 11
THEREFORE, BE IT RESOLVED on the Building Official's conclusions that, the
structure at 1010 N.E. 40th Avenue is substandard and seriously deteriorated, 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 abated by removal of the contents, and securing of the
structure by installation of a garage door.
Conclusions of Council
That all relevant parties have been duly notified of this action.
That the structure on the property at 1010 N.E. 40th Avenue is hazardous and in violation
of many local, state and national code requirements.
That the structure can be rehabilitated to bring it into compliance with local, state and
national code requirements.
That the property owner has provided the City with a waiver.
Order of Council
The detached structure, garage, located at 1010 N.E. 40th Avenue, 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 abate the building (30) days of the date of service of this order. The
site must then be restored to a safe condition.
The City Council further orders that personal property or fixtures that may
unreasonably interfere abatement of the structure 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.
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OCTOBER 26, 1998
PAGE 12
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 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 26th day of October, 1998.
Offered by: Peterson
Seconded by: Sturdevant
Roll call: All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
B. Bid Considerations
None
C. Other Business
1) Extension of Refuse/Recycling Contract with BF!
Motion by Jolly, second by Szurek to authorize the City Manager, Mayor and Council to
enter into a five year extension of the Refuse/Recycling contract with BFI/Woodlake
Sanitary Service and to have the company provide and deliver heavy duty plastic, wheeled
carts to all single and double households. Roll call: All ayes
8. ADMINISTRATIVE REPORTS
A. Report of the City Manager
The City Manager had nothing to report at this time.
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OCTOBER 26, 1998
PAGE 13
B. Report of the City Attorney
The City Attorney has nothing to report at this time.
9. GENERAL COUNCIL COMMUNICATIONS
A. Minutes of Boards and Commissions
1) October 6, 1998 Board of Trustees Meeting
2) October 6, 1998 Library Board/City Council Budget Meeting
3) October 6, 1998 Planning and Zoning Commission Meeting
10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA
Councilmember Jolly inquired as to the hours of the Public Works Department and
Engineering Department. He also requested a copy of the minutes for the recent Charter
Commission meeting. Councilmember Ruettimann reminded voters of the upcoming
election.
A resident of Khyber Lane requested individual Councilmember's position on three issues:
the building of a new community center, proposed park improvements and publishing of
Council meeting minutes.
A resident of Polk Place recalled that funds realized from the sale of land near Sullivan
Lake was to have been used to pay off development costs associated with a development.
He also has an opinion regarding the publication of Council meeting minutes.
A resident of Sixth Street stated his position regarding comments made relative to union
influence on voters.
A resident of 43rd Avenue suggested the Council look at adding on to Murzyn Hall for a
community center rather than building a freestanding facility. Councilmembers Ruettimann
and Peterson responded that this issue was initially brought to the Council and was not a
Council project.
RECESS TO EXECUTIVE SESSION
Motion by Sturdevant, second by Ruettimann to recess to an Executive Session at 7:50 p.m.to
discuss the City Manager's performance evaluation. Roll call: All ayes
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OCTOBER 26, 1998
PAGE 14
RECONVENE THE REGULAR COUNCIL MEETING
The Regular Council Meeting was reconvened at 8:15 p.m. The City Manager's performance
evaluation was continued to a future date.
11. ADJOURNMENT
Motion by Szurek, second by Peterson to adjourn the meeting at 8:17 p.m. Roll call: All ayes
Jo-Anne Student, Council Secretary
Mayor Joseph Sturdevant