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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. REGULAR COUNCIL MEET1NG 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. REGULAR COUNCIL MEET1NG 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 REGULAR COUNCIL MEET1NG 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 REGULAR COUNCIL MEET1NG 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. REGULAR COUNCIL MEET1NG 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. REGULAR COUNCIL MEET1NG 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. REGULAR COUNCIL MEET1NG 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 REGULAR COUNCIL MEET1NG 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. REGULAR COUNCIL MEET1NG 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. REGULAR COUNCIL MEET1NG 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. REGULAR COUNCIL MEET1NG 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 REGULAR COUNCIL MEET1NG 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