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HomeMy WebLinkAboutFebruary 8, 1999OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 8, 1999 1. CALL TO ORDER/ROLL CALL Mayor Peterson called the Council Meeting to order at 7:05 p.m. Present were Mayor Peterson and Councilmembers Szurek, Jolly and Wyckoff. 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA Added to Consent Agenda item 4-b was the appointment of Councilmember Jolly to the position of Council President. Removed from the Consent Agenda for discussion immediately following consideration of the Consent Agenda were the following items: 4-d "Resolution No. 99-15, Declaration of Hazardous Dwelling at 4358 Third Street" and 4-t "Deer Population Control". Item 4-q "Sign Variance Request - 3701-3828 Central Avenue" was removed from the agenda at the request of the petitioner. 4. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as next order of business.) Motion by Szurek, second by Wyckoffto approve the Consent Agenda items as follows: a) Minutes for Approval - January 25, 1999 The Council approved the minutes of the January 25, 1999 Regular Council Meeting as presented. b) Appointments to Boards/Commissions/Organizations The Council approved the appointment of members of the Council and/or staff as stated in the memo discussed at the February 1, 1999 to various boards, commissions and organizations. A correction was made in changing Light Rail Transit to North Star Corridor. Robert Ruettimann was also appointed as a resident representative to the Park and Recreation Commission with a term expiring in April of 2001. Councilmember Jolly's selection as Council President was noted. REGULAR COUNCIL MEET1NG FEBRUARY 8, 1999 PAGE 2 c) Telephone System Consultants The Council authorized the Mayor and City Manager to enter into a contract with Ehlert and Associates for consulting work to include determining specifications for a new telephone system for the City, writing a Request for Proposal to vendors for such a system and aiding the implementation of the system per their proposal at a cost of $11,500. d) Resolution No. 99-15 Declaration of Hazardous Dwelling at 4358 Third Street This item was removed from the Consent Agenda for consideration later in the meeting. e) Authorizing the Purchase of Two Squad Cars The Council authorized the purchase of two 1999 Ford Crown Victoria police vehicles, along with service and parts manuals per the Hennepin County bid, with funding coming from 431-42100-5150, and the Mayor and City Manager were authorized to enter into a contract for the same. f) 1999 Animal Control Contract The Council authorized the Mayor and City Manager to enter into a contract with the North Metro Humane Society animal control/impound services for the contractual period of January 1, 1999, to December 31, 1999 and funding for this service is to be provided by the Police Department budget, 101-42100-3050. g) Acceptance of Engineering Study Report and Authorizing the Public Works Director to Apply for a DNR Grant for Storm Water Mitigation Improvements The Council accepted the Engineering Study Report as prepared by the Engineering Firm of BRA. The Council waived the reading of the resolution there being ample copies available for the public. RESOLUTION NO. 99-11 BEING A RESOLUTION TO SUBMIT AN APPLICATION TO THE DEPARTMENT OF NATURAL RESOURCES GRANT ASSISTANCE PROGRAM FOR FUNDS FOR STORM WATER RELATED IMPROVEMENTS AND DESIGNATE THE DIRECTOR OF PUBLIC WORKS AS THE CITY'S PRIMARY CONTACT WITH THE DNR BE IT RESOLVED that the Director of Public Works, hereinafter referred to as "Authorized Official" act as legal sponsor for the project contained in the Flood Damage Reduction Grant Assistance Program application submitted on February 8, 1999, and that Authorized Official is hereby authorized to apply to the Minnesota Department of Natural Resources, hereinafter referred to as "State", for funding of this project on behalf of the Applicant. REGULAR COUNCIL MEET1NG FEBRUARY 8, 1999 PAGE 3 BE IT FURTHER RESOLVED that the Applicant has the legal authority to apply for financial assistance, and the institutional, managerial and financial capability to ensure adequate acquisition, maintenance and protection of the proposed project. BE IT FURTHER RESOLVED that the Applicant has not incurred any construction costs or has not entered into any written agreements to purchase property proposed by this project. BE IT FURTHER RESOLVED that the Applicant has not violated any Federal, State, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED THAT UPON APPROVAL OF THE APPLICATION BY THE state, the Authorized Official may enter into an Agreement with the State for the above-reference project and that the Applicant certifies that it will comply with all applicable laws and regulations as stated in the contract agreement. NOW, THEREFORE, BE IT RESOLVED that the Director of Public Works id hereby authorized to execute such Agreements as are necessary to implement the project on behalf of the Applicant. Dated this 8th day of February, 1999. Offered by: Szurek Seconded by: Wyckoff Roll call: All ayes Mayor Gary L. Peterson Jo-Anne Student, Council Secretary h) Authorization to Seek Bids for Road Materials The Council authorized staff to seek bids for the purchase of road materials. i) Authorization to Seek Bids for the 1999-2000 Fall Tree Replanting Program The Council authorized staff to seek bids for the 1999-2000 Fall Tree Replanting Program. j) Authorization to Process Blanket Purchase Orders for 1999 The Council authorized staff to process blanket purchase orders for 1999 for: REGULAR COUNCIL MEET1NG FEBRUARY 8, 1999 PAGE 4 1) Satellite rental for seven City parks with Biffs in an amount not to exceed $7,200. 2) Uniform rental with Aramark Uniform Services in an amount not to exceed $7,100. 3) De-icing salt for salt/sand operations purchased off the State of Minnesota contract in an amount not to exceed k) Approval to Award Cleaning and Sealing of Municipal Service Center HVAC Duct Work The Council approved the award of MSC duct cleaning and sealing work to National Surface Cleaning in the amount of $3,400 plus tax with funds appropriated from 701- 49950-4000. 1) Resolutions No. 99-12, 99-13, and 99-14 Being Resolutions Ordering the Preparation of Report on Proposed 1999 Alley Projects The reading of Resolution No. 99-12 was waived there being ample copies available for the public. RESOLUTION NO. 99-12 BEING A RESOLUTION ORDERING PREPARATION OF REPORT ON ALLEY IMPROVEMENT WITH COMPLETE CONSTRUCTION WHEREAS, the City Council of Columbia Heights is proposing to improve the following alleys by complete construction: California and Main Summit and 40th University and 4th 40th and 41st Madison and Monroe 39th and 40th Jackson and Van Buren Peters and Reservoir Gould and 40th Circle Terrace & Reservoir West of Reservoir Reservoir and Tyler Reservoir and Tyler Reservoir and Tyler Gould and 40th 283' North of 39th to 521' North of 39th Lookout to 5th 47th to 48th N/S Alley to Jefferson 48th to 49th Jackson to N/S Alley 44th to 45th Peters to Gould N/S Alley to 86' East of N/S Alley 654' South of 41st to 41st 173' South of 42nd to 42nd 40th to 41st 224' South of 43rd to 43rd 43rd to 44th N/S Alley to West of N/S Alley REGULAR COUNCIL MEET1NG FEBRUARY 8, 1999 PAGE 5 WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA, that the proposed improvement be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Dated this 8th day of February, 1999 Offered by Szurek Seconded by: Wyckoff Roll call: All ayes Mayor Gary L. Peterson 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 8th day of February, 1999, as disclosed by the record of said City in my possession. Jo-Anne Student, Deputy City Clerk The reading of Resolution No. 99-13 was waived there being ample copies available for the public. REGULAR COUNCIL MEET1NG FEBRUARY 8, 1999 PAGE 6 RESOLUTION NO. 99-13 BEING A RESOLUTION ORDERING PREPARATION OF REPORT ON ALLEY IMPROVEMENT WITH RECONSTRUCTION WHEREAS, it is proposed to improve the following alley by constructing storm sewer and reconstructing the alley: 4th Street to 5th Street 52nd Avenue to 53rd Avenue WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429. NOW, THEREFORE, BE IT RESOLVED that the proposed improvement be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council will all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Dated this 8th day of February, 1999. Offered by: Szurek Seconded by: Wyckoff Roll call: All ayes Mayor Gary L. Peterson 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, Minnesota, on the 8th day of February, 1999, as disclosed by the records of said City in my possession. Jo-Anne Student, Deputy City Clerk REGULAR COUNCIL MEET1NG FEBRUARY 8, 1999 PAGE 7 The reading of Resolution No. 99-14 was waived there being ample copies available for the public. RESOLUTION NO. 99-14 BEING A RESOLUTION ORDERING PREPARATION OF REPORT ON SEAL COATING IMPROVEMENT WHEREAS, the City Council of Columbia Heights proposes to improve the following alleys for seal coating: All bituminous alleys within the City Limits WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429. NOW, THEREFORE, BE IT RESOLVED that the proposed improvement be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Dated this 8th day of February, 1999. Offered by: Szurek Seconded by: Wyckoff Roll call: All ayes Jo-Anne Student, Council Secretary Mayor Gary L. Peterson State of Minnesota County of Anoka City of Columbia Heights CERTIFICATION REGULAR COUNCIL MEET1NG FEBRUARY 8, 1999 PAGE 8 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 8th day of February, 1999, as disclosed by the records of said City in my possession. Jo-Anne Student, Deputy City Clerk m) Establishing Council Work Session The Council established Wednesday, February 17, 1999 at 7:30 p.m. as the date and time for a Council work session. n) Establish Public Hearing Date The Council established a public hearing date of February 22, 1999, regarding the purchase of equipment with federal block grant money totaling $24,605 and $2,734 match by the City and approved the proposed list of equipment to be purchased with these funds. o) Re-Issue Rental Housing License After Revocation The Council approved the issuance of a rental housing license to Renae Novak to operate the rental property located at 4023 Sixth Street in that the provisions of the Housing Maintenance Code have been complied with. p) Livable Communities Demonstration Account (LCDA) Memorandum of Understanding The Council approved the Memorandum of Understanding (Preliminary Agreement) between the City and Real Estate Equities Development Company for the LCDA transition block redevelopment and authorized the Mayor and City Manager to enter into an agreement for the same. q) Sign Variance Request - 3701-3828 Central Avenue The request for the sign variance was withdrawn. r) Conditional Use Permit Request - 4300 Central Avenue The Council approved the conditional use permit to allow the operation of a temporary greenhouse/retail sales at 4300 Central Avenue from April 15, 1999 through July 7, 1999 subject to the following condition: A $500 deposit shall be submitted to the License/Permit Clerk prior to installation of the structures on the site. REGULAR COUNCIL MEET1NG FEBRUARY 8, 1999 PAGE 9 s) Conditional Use Permit Request - 4029 Central Avenue The Council approved the conditional use permit to allow the operation of a Chinese buffet-style restaurant at 4029 Central Avenue Northeast, subject to the following conditions: 1) All required state and local codes, permits, licenses and inspections will be met and in full compliance; 2) Waste material storage shall be located and screened in a manner consistent with the Zoning Ordinance; 3) All proposed signage must be submitted on the City prescribed application form and must comply with the Zoning Ordinance; 4) This approval is strictly for the use of "Lee's Family Buffet" and does not approve the physical improvements to the tenant space; and, 5) The structural changes to the tenant space will be reviewed as part of a request for site plan approval for the reconfiguration of the entire mall. t) Deer Population Control This item was removed from the Consent Agenda for discussion later in the meeting. u) Payment of the Bills The Council approved the payment of the bills as listed out or proper funds. v) License Applications The Council approved the license applications as listed. Roll call on Consent Agenda: All layes CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT AGENDA Resolution No. 99-15 Being the Declaration of Hazardous Dwelling at 4358 Third Street Resolution No. 99-15 is requesting removal of a hazardous dwelling at 4358 Third Street. Michael Doody requested the Council to delay this condemnation procedure as he is interested in rehabing the structure and selling it as a single family home. He gave his background in this type of rehabilitation work and stated his plans for this particular property. His plan is to pay any outstanding fees and the total of the outstanding mortgage. It is Mr. Doody's intention to have the house ready to market in six months. Mr. Doody responded to questions from members of the Council regarding the non- conforming size of the current structure, the buildability of the lot and the current hygienic needs of the house. It was suggested a performance bond could be requested of this contractor to guarantee satisfactory completion of this project. REGULAR COUNCIL MEETING FEBRUARY 8, 1999 PAGE 10 The Building Official suggested any delay would change the timetable of the condemnation. He felt if the resolution were adopted that Mr. Doody could still continue on his project and there would be no possibility of delaying the condemnation if it were needed. Motion by Jolly, second by Szurek to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 99-15 RESOLUTION OF THE CITY COUNCIL FROM THE CITY OF COLUMBIA HEIGHTS REQUESTING REMOVAL OF A HAZARDOUS STRUCTURE, A DWELLING, LOCATED AT 4358 THIRD STREET NORTHEAST WHEREAS, there is a substandard building, a dwelling, located at 4358 Northeast Third Street which has been dilapidated, unsafe since December 23, 1998, 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: FINDINGS OF FACT Dangerous Building 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. 3.02(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. 3.02(13) Whenever any building or structure has been constructed, exists, or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this jurisdiction, as specified in the Building or Housing Code, or any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings. REGULAR COUNCIL MEETING FEBRUARY 8, 1999 PAGE 11 3.02(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's conclusions that, the structure at 4358 Third Street Northeast, a dwelling, 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 State Official is recommending the structure be removed, and the lot be graded for future development. Conclusions of Council That all relevant parties have been duly notified of this action. That the structure, a dwelling, on the property at 4358 Third Street Northeast is hazardous and in violation of many local, state and national code requirements. That the structure, a dwelling, can not be rehabilitated to bring it into compliance with local, state and national code requirements. Order of Council 1. The structure, a dwelling, located at 4358 Third Street Northeast, Columbia Heights, Minnesota, is a hazardous building pursuant to Minn. Statute 463.152, 463.616. 2. Pursuant to the foregoing findings and in accordance with Minnesota Statutes, the City Council hereby orders the record owned of the above-hazardous building, or his heirs, to raze the building, a former dwelling, 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. 3. 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 property and fixtures at public auction in accordance with law. 4. 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 the 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 FEBRUARY 8, 1999 PAGE 12 5. 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 6. 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 8th day of February, 1999. Offered by: Jolly Seconded by: Szurek Roll call: All ayes Jo-Anne Student, Council Secretary Mayor Gary L. Peterson Deer Population Control Mayor Peterson acknowledged a letter received by the Council from Ms. D. Logan regarding her position on the deer population control. The City Attorney stated that this agenda item is a request for permission to discharge firearms within the City of Columbia Heights. He noted that the other issues of concern regarding the deer population will be addressed by representatives of the City of Minneapolis Waterworks and the Minnesota Department of Natural Resources. He advised that the City has no jurisdiction nor authority with any issues other than the discharge of firearms in the City regarding this matter. Councilmember Wyckoff felt the matter should be tabled. The representatives of the Minneapolis Waterworks, the Minnesota Department of Natural Resources, and a student from the University of Georgia, Athens, individually addressed their plans relative to the deer population control. REGULAR COUNCIL MEET1NG FEBRUARY 8, 1999 PAGE 13 Discussion continued regarding each Councilmember's position on this issue. Motion by Wyckoff, second by Jolly to authorize representatives on behalf of the University of Georgia to discharge the following firearms within the City as part of a deer fertility control study on the grounds of the Minneapolis Water Works. Said authorization to be effective immediately and shall continue in effect until April 30, 1999: Captive bolt gun, .22 caliber tranquilizer rifle, and .25 caliber bio-bullet rifle. Roll call: All ayes Motion by Szurek, second by Jolly to authorize representatives on behalf of the Minneapolis Water Works to discharge the following firearms within the City pursuant to a permit issued by the Minnesota Department of Natural Resources to remove deer from the Water Works grounds so as to minimize health risks to the water supply. Said authorization to be effective immediately and shall continue in effect until April 30, 1999: Captive bolt gun and .22 caliber tranquilizer gun. Roll call: Szurek, Jolly, Peterson - aye Wyckoff- nay 5. RECOGNITIONS, PROCLAMATIONS, PRESENTATIONS, GUESTS A. Birthday Congratulations to Long Time Resident Mayor Peterson read the letter of congratulations he sent to Mrs. Irene Sonnek on the occasion of her 90th birthday. 6. PUBLIC HEARINGS A. 1999 Community Development Block Grant Application The City Planner reviewed the CDBG application. This application must be submitted to Anoka County by February 19, 1999. He also reviewed the recommendations made by the Human Services Commission for allocations to public service agencies. He advised that there was information recently received regarding new rehabilitation funds which have become available. It was recommended that staff be given the latitude to take the minimum amount necessary of these funds. Representatives of various public service agencies spoke on behalf of their organizations. They gave background information and data regarding their specific activites. The Mayor closed the public hearing Motion by Szurek, second by Wyckoffto approve the submission of the 1999 CDBG applications. Roll call: All ayes REGULAR COUNCIL MEET1NG FEBRUARY 8, 1999 PAGE 14 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions None B. Bid Considerations None C. Other Business None 8. ADMINISTRATIVE REPORTS A. Report of the City Manager The City Manager had nothing to report at this time. B. Report of the City Attorney The City Attorney had nothing to report at this time. 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Board and Commission Meetings Minutes of the following board and commission meetings were included in the agenda packet for informational purposes only: January 21, 1999 Telecommunications Commission Meeting and the February 1, 1999 Traffic Commission Meeting. 10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA a) Councilmember Jolly suggested it would be timely to revisit the City's sign ordinance. Motion by Jolly, second by Peterson to direct staff to place the matter of reviewing the City's sign ordinance on the agenda of the February 17, 1999 Council work session. Roll call: All ayes b) The resident at 5230 Fourth Street stated some concerns she has had with a liquor store in her neighborhood. REGULAR COUNCIL MEET1NG FEBRUARY 8, 1999 PAGE 15 11. ADJOURNMENT Motion by Jolly, second by Peterson to adjourn the meeting at 8:40 p.m. Roll call: All ayes Submitted by, Jo-Anne Student, Council Secretary