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HomeMy WebLinkAboutAugust 28, 2000OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 28, 2000 o CALL TO ORDER/ROLL CALL The regular meeting of the City Council was called to order at 7:00 p.m. on Monday, August 28, 2000 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. Present: Mayor Peterson, Councilmember Szurek, Councilmember Jolly, Councilmember Wyckoff, Councilmember Hunter PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA CONSENT AGENDA MOTION by Hunter, second by Szurek, to approve the Consent Agenda items as follows: 1) Minutes for Approval MOTION: Move to approve the minutes of the August 14, 2000, Regular Council Meeting as presented. 2) Establish City Council Work Session dates for September 2000 MOTION: Move to establish Work Session meeting dates for Tuesday, September 5, 2000 at 5:30 p.m., and Monday, September 18, 2000, at 7:00 p.m. 3) The City Council met in an executive session prior to tonight's City Council meeting to discuss labor negotiations. 4) Authorize Paving North half of rear Murzyn Hall Park Lot and Driveway out to Mill Street MOTION: Move to authorize Mayor and City Manager to enter into an agreement with ACI Asphalt Contractors, Inc. and to award the bid for paving the north half of Murzyn Hall rear parking lot and driveway on west side of building for the total amount of $17,200. Walt Fehst, City Manager, suggested tabling this item for further consideration at a Council work session. Staff felt Council might want to discuss paving the whole parking lot this year. 5) Authorize Acceptance of Donations toward rebuilding the Police Shooting Range MOTION: Move to accept $1,000 from each of the following organizations: VFW Post #230, the Columbia Heights Boosters Organization, and the Tri-City American Legion, to be used to offset the cost of rebuilding the police shooting range. Fehst stated the gun range is for training purposes, youth organizations, hunting organizations, etc. 6) Adopt Resolution 2000-59, authorizing preparation of specifications and bids for razing 4358 NE 3rd Street, 3855 Main Street, 828 NE 40th Avenue, 3944 Lookout Place and 3950 City Council Minutes August 28, 2000 Page 2 Lookout Place RESOLUTION NO. 2000-59 RESOLUTION OF THE CITY COUNCIL FROM THE CITY OF COLUMBIA HEIGHTS REQUESTING ABATEMENT OF THE HAZARDOUS STRUCTURES LOCATED AT 828 N.E. 40TM AVENUE, 3944 LOOKOUT PLACE, 3950 LOOKOUT PLACE, 3855 N.E. MAIN STREET, AND 4358 N.E. 3m~ STREET. WHEREAS, there are hazardous substandard structures at 828 N.E. 40th Avenue, 3944 Lookout Place, 3950 Lookout Place, 3855 N.E. Main Street, and 4358 N.E. 3rd Street, 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. 302(11) Whenever the building or structure exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting members, or 50 percent damage or deterioration of its non supporting members, enclosing or outside walls or coverings. 302(12) Whenever the building or structure has been so 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. THEREFORE, BE IT RESOLVED on the Building Official's conclusions that, the structures at 828 N.E. 40th Avenue, 3944 Lookout Place, 3950 Lookout Place, 3855 N.E. Main Street, and 4358 N.E. 3rd Street are substandard and seriously deteriorated, lack minimum standards for habitable space per 1998 MN State Building Code and 1994 Uniform Code for the Abatement of Dangerous Buildings, and the Building Official is recommending the structures be abated by razing the structures, authorize staff to prepare demolition specifications, and solicit bids for the projects. Conclusions of Council That all relevant parties have been duly notified of this action. That the structures on the properties at 828 N.E. 40th Avenue, 3944 Lookout Place, 3950 Lookout Place, 3855 N.E. Main Street, and 4358 N.E. 3rd Street are hazardous and in violation of many local, state and national code requirements. City Council Minutes August 28, 2000 Page 3 That the structures cannot be rehabilitated to bring them into compliance with local, state and national code requirements. Order of Council 1. The structures, located at 828 N.E. 40th, 3944 Lookout Place, 3950 Lookout Place, 3855 N.E. Main Street, and 4358 N.E. 3rd Street in Columbia Heights, Minnesota, are hazardous buildings pursuant to Minn. Stat. 463.152, 463.616. Pursuant to the foregoing findings and in accordance with Minnesota Statutes, the City Council authorize staff to prepare demolition specifications for the projects. 3. Pursuant to the foregoing findings the City Council Authorizes staff to solicit bids for the projects. Passed this 28th day of August, 2000. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patty Muscovitz, Deputy City Clerk MOTION: Move to adopt Resolution 2000-59, authorizing staff to prepare specifications and bids for razing 4358 NE 3rd Street, 3855 Main Street, 828 NE 40th Avenue, 3944 Lookout Place and 3950 Lookout Place. Fehst suggested placing a sign at these locations indicating that the City Council and Community Development department is involved with the happenings at this site. 7) Authorization to Sell, Salvage, or Dispose of City Property on September 9, 2000 MOTION: Move to authorize the sale, salvage, or disposal of surplus City property as indicated on the attached listing of surplus property. 8) Final Payment for Street Crack Sealing and Parking Lot Joint and Crack Sealing MOTION: Move to accept the work for 2000 Street Crack Sealing and Parking Lot Joint and Crack Sealing, City Project 0001(A) and authorize final payment of $3,508.26 to Northwest Asphalt, Inc. of Goodridge, Minnesota. 9) Approve expenditures for property maintenance at 4931 Jackson Street NE MOTION: Move to authorize up to $17,933.28 plus tax for property maintenance, and clean-up, and associated costs, at 4931 Jackson Street NE with funding from 415-50015- 4000. 10) Establish Hearing Dates Re: License Revocation or Suspension of Rental Properties at 4919 Jackson Street NE and 1132 40th Avenue NE MOTION: Move to Establish a Hearing Date of September 11, 2000 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights City Council Minutes August 28, 2000 Page 4 against Michael Johnson at 4919-4921 Jackson Street NE. MOTION: Move to Establish a Hearing Date of September 11, 2000 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Myrna Bourcy at 1132 40th Avenue NE. Approve License Applications MOTION: Move to approve the items as listed on the business license agenda for August 28, 2000. Payment of Bills MOTION: Move to pay the bills as listed out of proper funds. Mel Collova, Building Official discussed the buildings to be razed and assessment of the cost,'. Fehst indicated there will not be city vehicles on our auction, as we will contract with Hennepin County to sell them at their auction. Police Chief Johnson indicated the property sold at our auction comes from all divisions in the city, for example: items that were found and evidentiary property. Collova stated that clean up work being done at 4931 Jackson Street will be charged back to the owner. Upon the vote: Szurek - aye, Jolly - aye, Wyckoff- aye, Hunter - aye, Peterson - aye. Motion carried. 5. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A. Proclamations B. Presentations C. Introduction of New Employees 1. Gary Boham, Police Department Community Service Officer Chief Johnson introduced our newest Community Service Officer, Gary Boham, who is a long time Columbia Height; resident and volunteer in Police Department. Mr. Boham thanked the Council and stated he was honored to be chosen. D. Recognition 1. Jack Moore, Police and Fire Civil Service Commission Mayor Peterson recognized Jack Moore for his time given to the Police and Fire Civil Service Commission and stated he will be awarded a clock for his service. Peterson indicated that Jack Moore's father will replace him for two months. 6. PUBLIC HEARINGS 1. Public Hearing Regarding the Revocation or Suspension of the Rental License Held by James Lupient regarding rental property at 3839 Hart Boulevard. MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by James Lupient regarding rental property at 3839 Hart Boulevard in that the property is in compliance with the Housing Maintenance Code. Mayor Peterson closed the public hearing as the property is in compliance with the Housing Maintenance Code. City Council Minutes August 28, 2000 Page 5 Emergency Ordinance # 1418, being an ordinance for a 90 day extension of the Moratorium on the placement, construction, and modification of towers and wireless telecommunications facilities within the City of Columbia Heights. Ken Anderson, Community Development Director, indicated that Steve Guzzetta, of Creighton, Bradley and Guzzetta, has prepared a draft Telecommunication Tower Siting Ordinance. This draft will now be reviewed by staff and relevant commissions with an anticipated presentation to Council in October of 2000. As the previous moratorium ends September 7, a ninety-day extension was requested so staff may follow the proper channels for approval. EMERGENCY ORDINANCE 1418 BEING AN ORDINANCE OF THE COLUMBIA HEIGHTS CITY COUNCIL FOR A 90 DAY EXTENSION OF THE MORATORIUM ON THE PLACEMENT, CONSTRUCTION, AND MODIFICATION OF TOWERS AND WIRELESS TELECOMMUNICATIONS FACILITIES WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does Ordain: Section 1: WHEREAS, on February 8, 1996, Congress enacted the Federal Telecommunications Act of 1996, P.L. No. 104- 104, to deregulate the telecommunications industry, providing a more competitive environment for wired and wireless telecommunication services in the United States; and, WHEREAS, increased competition in the market for wireless telecommunications services may create an increased demand for antenna sites on towers and other antenna support structures necessary for providing wireless service via existing and new technologies; and WHEREAS; the Telecommunications Act of 1996 preserves the authority of the City to regulate the placement, construction, and modification of towers, antenna support structures, and wireless telecommunications facilities in order to protect the health, safety, and welfare of the public; and, WHEREAS, the Columbia Heights Zoning Ordinance currently allows public utility structures as a Conditional Use Permit in every zoning district within the City except for the 1-2, Industrial District which does not allow public utility structures; and, WHEREAS, the City Council determines it is necessary to complete the Comprehensive Plan update and the rewrite of the Columbia Heights Zoning Ordinance and conduct further research and analysis as to appropriate zoning and performance standards for towers and wireless telecommunications facilities within the City. Section 2: NOW, THEREFORE BE IT RESOLVED THAT in an effort to protect the health, safety, and welfare of the public the Columbia Heights City Council hereby imposes a 90 day extension to the moratorium on the placement, construction, and modification of towers and wireless telecommunications facilities within the City of Columbia Heights, with said moratorium commencing and effective September 7, 2000 through and including December 7, 2000 and recognizing said moratorium will effect only those applications for the placement, construction, and modification of towers and wireless telecommunications facilities submitted to the City after the date of adoption of this ordinance. Section 3: This Ordinance shall be in full force and effect from and after September 7, 2000 and extending through and including December 7, 2000. Offered by: Szurek City Council Minutes August 28, 2000 Page 6 Seconded by: Jolly Roll Call: All ayes Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk MOTION by Szurek, seconded by Jolly, to waive the reading of Ordinance No. 1418, there being ample copies available for the public. Upon the vote: Szurek - aye, Jolly - aye, Wyckoff- aye, Hunter - aye, Peterson - aye. Motion carried. MOTION by Szurek, seconded by Jolly, to approve Emergency Ordinance 1418, Being an Emergency Ordinance of the Columbia Heights City Council for a 90 day extension of the moratorium on the placement, construction, and modification of towers and wireless telecommunications facilities within the City of Columbia Heights. Upon the vote: Szurek - aye, Jolly - aye, Wyckoff- aye, Hunter - aye, Peterson - aye. Motion carried. o ITEMS A. B. C. FOR CONSIDERATION Other Ordinances and Resolutions Bid Considerations Other Business 1. Approve Proposals for Professional Services for the Joint Community Task Force Anderson stated the cities of Fridley and Columbia Heights, along with School District ~13 have combined to create a joint task force aimed to maximize opportunities created by the new Medtronic facility. The Task Force determined the necessity to request proposals for land use, market, and financial consulting services, and the GIS data analysis and mapping services. The Columbia Heights' share of the marketingfirm costs' would be $6,082 and $18,500 for the GIS services. Peterson questioned the cost difference from the Council letter to the motion. Anderson explained the amount shouM be $6,082. MOTION by Wyckoff, second by Szurek, to award land use, market, and financial consulting services for the joint community task force to the Hoisington Koegler Group, Inc., (HKGI), based upon their qualified, responsible bid in the amount of $6,082.00, with funds to be appropriated from fund 226, special project revenue, and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same, which will be administered by the Fridley HRA. Upon the vote: Szurek - aye, Jolly - aye, Wyckoff- aye, Hunter - aye, Peterson - aye. Motion carried. MOTION by Wyckoff, second by Szurek, to award the GIS Data Analysis and Mapping services for the joint community task force to Demographic Technologies, Inc. (DTI), based upon their qualified, responsible bid in the amount of $18,050.00, with funds to be appropriated from fund 226, special project revenue, and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same, which will be administered by the Fridley HRA. Upon the vote: Szurek - aye, Jolly - aye, Wyckoff- aye, Hunter - aye, Peterson - aye. Motion carried. 8. ADMINISTRATIVE REPORTS City Council Minutes August 28, 2000 Page 7 A. Report of the City Manager 1. Presentation of 2001 Summary_ Budget information. Fehst, in reference to the 2001 Summary Budget hand out, indicated City Council review was necessary to meet State requirement,'. This information will be presented to Council at a September Work Session. State law requires a Truth and Taxation Hearing which will be scheduled for December 4, 2000. Fehst stated this presentation would acknowledge City Council acceptance of the report. Fehst pointed out from the departmental activities green sheet, that 40 seniors enjoyed the annual watermelon spitting contest. The winning distance was 26feet. Fehst indicated that Street Rehabifitation in District 4 continues. There was some flooding in areas from the recent three inches of rain which was received in a short amount of time. Fehst stated a car was damaged in an area that was clearly marked prohibiting parking. The Municipal Service Center parking lot has been re-paved. There was an electric fire at Wagamon Brothers Engines. dolly questioned the storm sewer project on Monroe Street. Fehst stated this project will be completed soon. Report of the City Attorney Nothing at this time. C. Report of the Building Official Mel Collova, Building Official, indicated Wendy's Restaurant has proposed to move into the previous Boston Market. A court order has been obtained to remove the structure at 4358 3rd Street. Collova thanked all City personnel who assisted in the clean up of the property on Jackson Street. A number of garage plans are being processed. A resident was removed from a condemned building on Main Street. Collova will be issuing a citation to two driveway contractors. Hunter requested Collova inspect a collapsing sidewalk on 49th and Central. Collova stated the City will obtain five signs indicating City involvement and place them at relative locations. Szurek stated she is pleased with the gateway sign. Fehst acknowledged the Chamber of Commerce, now joined with Southern Anoka County Chamber of Commerce, has made an offer to donate their remaining funds (estimated at $8,-9,000) for entrance signs into our City. The only stipulation is to acknowledge local businesses on the sign. This sign was suggested for the North entrance into Columbia Height,'. Fehst suggested a get-together at the new entrance sign. Fehst indicated the City of Minneapofis has offered to meet and ,'hare their plans for improvement; to Central Avenue in their city. Wyckoff stated that Planning and Zoning meetings will now be taped and televised. There are openings on the Planning and Zoning, Human Services and Telecommunications Commissions. Election result; will be posted on cable and the City web site after 8 p.m. on September 12th. There will be a benefit raffle for Scott Solem, who was injured in a car crash. o Peterson commented on the success of the Senior program trip to Gull Lake, and Chippewa Fall,'. Karen Moeller, Sr. Citizens Coordinator does a wonderful job. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions 1) Meeting of the July 18, 2000 Economic Development Authority City Council Minutes August 28, 2000 Page 8 2) Meeting of the August 1, 2000 Public Library Board of Trustees 10. CITIZENS FORUM (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. The citizen is requested to limit their comments to five minutes. Please note, the public may address the Council regarding specific agenda items at the time the item is being discussed.) Darlene Buboltz, 3 709 Polk, (former owner ora home on Lookout Place which the City purchased.) stated there was a mis-communication between the city and the title company, indicating she owes $1,900 for assessment; and interest on her new home. She does not want to pay the interest for the three years she did not own the home. Fehst was not aware of this situation and asked for time to research it. She also received a letter from the City giving her one month to fix a retaining wall. Fehst stated staff will work with her to extend the time limit into next spring. She requested help applying for a home improvement loan, because she was refused an improvement loan on her prior home. She will need to fill out an application for this current home, and get estimates from a contractor. Collova stated her oM home was a non-conforming structure, where repairs exceeded 50% of value. A loan for her current home shouM not be a problem. 11. ADJOURNMENT Mayor Peterson adjourned the August 28, 2000 City Council meeting at 7:55 p.m. Patricia Muscovitz, Deputy City Clerk