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.
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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.
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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:
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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
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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.
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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
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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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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