HomeMy WebLinkAboutDecember 18, 1995OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
DECEMBER 18, 1995
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CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERSNOT ON AGENDA
There was no one present for this segment of the Council
Meeting.
CALL TO ORDER
Mayor Sturdevant called the Council Meeting to order at 7:01
p.m.
Jolly, Petkoff, Ruettimann, Peterson, Sturdevant - present
4. PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS TO MEETING AGENDA
The City Manager had one addition and one correction to the
agenda. The first was the addition to the Consent Agenda of
Council approval of the job description and pay rate for the
position of Community Development Director and authorization
of recruitment for this position subject to the conversion of
the liRA to an EDA. The second was a correction to item 7-b-5
with the deletion of "4 wheel drive".
Motion by Ruettimann, second by Petkoff to accept the
recommendations of the City Manager regarding one addition and
one correction to the Consent Agenda. Roll call: All ayes
CONSENT AGENDA
Motion by Petkoff, second by Jolly to approve the following
items on the Consent Agenda:
Minutes for Approval
The Council adopted the minutes of the Regular Council Meeting
of December 11, 1995 as presented and there were no
corrections.
Desianate Offic$.al Newspaper for 1996
The Council designated the Columbia Heights Focus as the
official City newspaper for 1996 and authorized the Mayor and
City Manager to enter into an agreement with the Columbia
Heights Focus for required publications.
REGULAR COUNCIL MEETING
DECEMBER 18, 1995
PAGE 2
Authorize Final Payment for Building Signs. Municipal Project
~9315
T-he Council accepted the work for building signs, Municipal
Project $9315 and authorized final payment of $2,325.44 to
Sign Solutions of Robbinsdale, Mn.
Resolution No. 95-85 Being a Resolution Designating
Depositories for Funds of the City of Columbia Heiahts
The reading of the resolution was waived there being ample
copies available for .the public.
RESOLUTION NO. 95-85
BEING A RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES AND SAFE DEPOSIT ACCESS FOR
THE CITY OF COLUMBIA HEIGHTS
IT IS HEREBY RESOLVED, that Northeast State Bank, Norwest
Bank, and First Bank National Association are hereby
designated as depositories of the funds of this corporation.
IT IS FURTHER RESOLVED, that checks, drafts, or other
withdrawal orders issued againstthe funds of this corporation
on deposit with said banks shall be signed by the following:
Mayor
City Manager
Clerk-Treasurer
and that said banks are hereby fully authorized to pay and
charge to the account of this corporation any checks, drafts,
and other withdrawal orders.
BE IT FURTHERRESOLVED, that the Northeast State Bank, Norwest
Bank, and First Bank National Association as designated
depositories of the corporation b e and it is hereby requested,
authorized and directed to honor checks, drafts or other
orders for the payment of money drawn in this corporation's
name, including those drawn to the individual order of any
person or persons whose name or names appear thereon as signer
or signers thereof, when bearing or purporting to bear the
facsimile signature of the following:
Mayor
City Manager
Clerk-Treasurer
REGULAR COUNCIL MEETING
DECEMBER 18, 1995
PAGE 3
and that Northeast State Bank, Norwest Bank, and First Bank
National Association shall be entitled to honor and to charge
this corporation for all such checks, drafts or other orders,
regardless of bywhom or bywhat means the facsimile signature
or signatures thereon may have been affixed thereto, if such
facsimile signature or signatures resemble the facsimile
specimens duly certified to or filed with the Banks by the
City Clerk or other officer of this corporation.
BE IT FURTHER RESOLVED, that any and all resolutions
heretofore adopted by the City Council of the corporation and
certified to as governing the operation of thiscorporation's
account(s) with it, be and are hereby continued in full force
and effect, except as the same may besupplemented or modified
by the foregoing part of this resolution.
BE IT FURTHERRESOLVED, that all transactions, if any relating
to deposits, withdrawals, re-discounts and borrowingsbeor on
behalf of this corporation with said banks prior to the
adopting of this resolution be, and the same hereby are, in
all things ratified, approved and confirmed.
BE IT FURTHER RESOLVED, that any bank or savings and loan
located in the State of Minnesota may beused as depositories
for investment purposes so long as the investments comply with
authorized investments as set forth in Minnesota Statutes.
BE IT FURTHER RESOLVED, that any brokerage firm located in the
State of Minnesota maybe used as a depository for investment
purposes so long as the investments comply with the authorized
investments as set forth in Minnesota Statutes.
BE IT FURTHER RESOLVED, that the signatures of any one of the
following named City employees are required for access to safe
deposit boxes:
Finance Director
City Manager
Assistant Finance Director
Accounting Coordinator
REGULAR COUNCIL MEETING
REGULAR COUNCIL MEETING
DECEMBER 18, 1995
PAGE 4
Passed this 18th day of December, 1995
Offered by:
Seconded by:
Roll call:
Petkoff
Jolly
Ail ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
Renew Workers' Compensation Insurance Policy from the Leauue
of Minnesota Cities Insurance Trust
The Council authorized the Mayor and City Manager to renew the
workers' compensation insurance policy from the League of
Minnesota Cities Insurance Trust underthe retrospective rate
premium option using a maximum factor of 130% at the rates
specified in their quotation, and to enter into an agreement
with CorVel Corporation for managed care plan services as
provided in their proposal.
Resolution No. 95-86 Being a Resolution Establishin~ Senior
Citizens or Retired and Disabled Persons Hardship Special
Assessment Deferral
The reading of the resolution was waived there being ample
copies available for the public.
RE~OLUTION NO. 95-86
BEING A RESOLUTION ESTABLISHING SENIOR CITIZENS
AND RETIRED AND DISABLED PERSONS
HARDSHIP SPECIAL ASSESSMENT DEFERRAL
WHEREAS, immediate payment of special assessments or
installments on special assessments cast an undue hardship on
some persons owning homestead properties who are 65 years of
age or older or retired by virtue of a permanent and total
disability for whom it would be a hardship to make payments,
and
WHEREAS, Minnesota Statutes 435.193 - 435.195 makes it
possible for a home rule charter city to pass a resolution
establishing standards and guidelines for determining the
existence of a hardship and for determining the existence of
a disability.
NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY
OF COLUMBIA HEIGHTS:
REGULAR COUNCIL MEETING
DECEMBER 18, 1995
PAGE 5
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This deferral procedure shall apply only to assessments
which are payable in five or more annual installments.
This deferral procedure shall apply only to property
owned and occupied by the elderly, retired, or disabled
applicant. Ownership and occupancy must be of the same
nature as would qualify the applicant for a homestead
exemption for tax purposes.
This deferral procedure shall apply only to homestead
property owned by a person 65 years of age or older or
retired by virture of a permanent and total disability
for whom it would be a hardship to make payments.
Permanent and total disability shall have the same
definition for purposes of assessment deferral as is used
for social security purposes.
This deferral procedure shall not be construed as to
prohibit the determination of hardship on the basis of
exceptional and unusual circumstances not covered bythe
standards and guidelines herein so long as determination
is made in a nondiscriminatory manner and does not give
the applicant an unreasonable preference or advantage
over other applicants.
In order to obtain a deferral or an assessment, the
homeowner must make application on the forms prescribed
by the Anoka County Auditor. If no such form is
available, the City of Columbia Heights Assessment Clerk
shall prescribe the appropriate form.
In granting a deferred assessment, the Council shall
determine in its resolution approving the assessment roll
the amount of interest, if any, to be charged on the
deferred assessment.
The option of the homeowner to defer the payment of
special assessments shall terminate and all amounts
accumulated plus applicable interest shallbecome due and
payable upon the occurrence of any of the following
events:
the death of the owner, provided that the spouse is
not otherwise eligible for benefits hereunder;
be
the sale, transfer or subdivision of the property
or any part thereof;
REGULAR COUNCIL MEETING
DECEMBER 18, 1995
PAGE 6
if the property should for any reason 'lose its
homestead status; or
if for any reason the City shall determine that
there would be no hardship to require immediate or
partial payment.
No deferral may be granted unless the homeowner makes
application to the City Assessment Clerk within thirty
(30) days after adoption of the assessment by the
Council.
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The deferral shall apply to only 50% of the annual
installment payment. If the 50% is not paid in a timely
manner, the balance of the annual installment along with
all future installments shall become i.mediately due and
payable.
10.
No deferral shall be granted.to any owner who has a gross
annual household income from all sources in excess of
$16,300.
11.
No deferral may be continued from year to year unless the
owner shall file a renewal application before September
15th of each year.
12.
No special assessment may be deferred for a period longer
than the time set by the Council as the time over which
the project is to be assessed.
13.
Interest on deferred assessments shallbeatthe rate set
by the Council in its resolution adopting the assessment
ro11, and such interest shall be added to the amount
deferred and shall be paid in accordance with Minnesota
Statute 435.195 and this resolution.
Passed this lSth day of December, 1995.
Offered by:
Seconded by:
Roll call:
Petkoff
Jolly
All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
REGULAR COUNCIL MEETING
DECEMBER 18, 1995
PAGE 7
ADDrove Joint Powers Aareement with School District #13 for
P~vision of Police S6hool Liaison Officer Throuah June 6.
The Council authorized the Mayor and City Manager to approve
the joint powers agreement with School District ~13 for the
provision of a police school liaison officer as stipulated in
the joint powers agreement for the period of September 1, 1995
through June 6, 1996.
EstablishPublic Hearina Dates for Revocation/Suspensign of a
License to O_Derate Rental Property Aaainst Jeff Benziner.
Lynde Investment Company and James N. Thermos
The Council established a hearing date of January 8, 1996 for
revocation or suspension of a license to operate a rental
property within the City of Columbia Heights against the
following property owners regarding their rental property:
Jeff Benzinger (3928 Polk St.) and Lynde Investment Company
(4060 Fourth Street, 4100 Fourth Street, 4120 Fourth Street,
4425 University Avenue, 4433 University Avenue, 4441
University Avenue, 4707 University Avenue, 4715 University
Avenue) and James N. Thermos (840/42 50th Avenue).
Establish the Reaular Council Meetina of January 8. 1996 ~t
7:00 D.m. as a Public Hearing on a Resolutoin Enabling the
Creation of an Economic Development Authority in the City of
Columbia Heights
The Council established January 8, 1996 at 7:00 p.m. as the
public hearing date on a resolution enabling the creation of
an Economic Development Authority in the City of Columbia
Heights.
Establish January 1996 Work Session Dates
The Council established work session dates for the following
date: Tuesday, January 2, 1996 at 7:00 p.m.; Tuesday, January
16, 1996 at 8:00 p.m. and Monday, January 29, 1996 at 7:00
p.m.
Authorized Staff to Obtain Ouotes for T-Shirts. Caps. Uniforms
~nd Athletic E_auipment
The Council authorized staff to obtain quotes for t-shirts,
caps, uniforms and athletic equipment for the Recreation
Department.
REGULAR COUNCIL MEETING
DECEMBER 18, 1995
PAGE 8
Approve Gambling Request from VFW Post No. 230 at Box Seat
SDorts and Grill. 4005 Central Avenue Northeast
T~e Council directed the City Manager to forward a letter to
the State Charitable Gambling Control Board indicating that
the City of Columbia Heights has no objection to a Class B
Charitable Gambling license for the VFWPost ~230 for Box Seat
Sports Bar and Grill, 4005 Central Avenue, Columbia Heights,
and furthermore, that the City Council hereby waives the
remainder of the sixty day notice to the local governingbody.
License Applications
The Council approved the 1996 license applications as listed
upon payment of proper fees and approved the rental property
licenses as listed in the memorandum from Lowell DeMars dated
December 18, 1995.
Payment of Bills
The Council approved the payment of bills as listed out of
proper funds.
Community Development Director Position and Wage Rat~
The Council approved the job description and pay rate for the
Community Development Director position and authorized
recruitment of same subject to the conversion of the Housing
and Redevelopment Authority to an Economic Development
Authority.
Roll call:
All ayes
RECOGNITION. PROCLAMATIONS. PRESENTATIONS. GUESTS
There was no one present for this segment of the meeting.
PUBLIC HEARINGS
A. Resolution No. 95-81 Beina a Resolution Regarding the
Revocation/Suspension of Rental License Aaainst Larry J.
Kahlow for 3727 Reservoir Boulevard
Mr. Kahlow advisedthe Councilthatthe tenants in one part of
this home have received a court order to either pay their back
rent or vacate the premises by December 20th. Mr. Kahlow
requested he be given until January 8th to correct the
remaining violations on the rental property.
Motion by Ruettimann, second by Peterson to continue the
public hearing until the January 8, 1996 City Council Meeting.
Roll call: All ayes
REGULAR COUNCIL MEETING
DECEMBER 18, 1996
PAGE 9
B. ~edtronic Inc. Expansion Project
1. Second Readina of Ordinance No. 1312 Being an Ordinance
Authorizina Conveyance of Certain Real Estate Located at 721
~lst Avenue Northeast
Motion by Petkoff, second by Peterson to waive the reading of
the ordinance there being ample copies available for the
public. Roll call= All ayes
Motion by Petkoff, second by Peterson to approve the passage
of Ordinance No. 1312.
Motion was withdrawn on the advice of legal counsel as
language was added to Section 2 regarding the LAWCON Grant
encumbrance.
ORDINANCE N°. 1312
BEING ANORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL
ESTATE LOCATED AT 721 51ST AVENUE NORTHEAST
The City of Columbia Heights does ordain:
Section 1:
The City of Columbia Heights may convey unto
the Housing and Redevelopment Authority of
Columbia Heights, Minnesota, a public body,
corporate and politic, the real property
described as follows, to wit:
Easterly 3 acres of North 3.6 acres of Lots 7
& 8, Auditor's Subdivision 51, City of
Columbia Heights, Anoka County, Minnesota
PIN $ 26-30-24-11-0009 (Portion)
Section 2:
The Mayor and City Manager are herewith
authorized to execute a quit claim deed to
effectuate the conveyance of said real estate
for $360,000 contingent upon successful
release/satisfaction of the LAWCON Grant
encumbrance.
Section 3:
This ordinance shall be in full force and
effect from and after thirty (30) days after
its passage.
REGULAR COUNCIL MEETING
DECEMBER 18, 1995
PAGE 10
First Reading:
Second Reading:
Date of Passage:
Offered by:
Seconded by:
Roll call:
November 13, 1995
December 18, 1995
December 18, 1995
Petkoff
Peterson
All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
2. Development Contract Between the City of Columbia
Heights. Columbia Heights HRA and Me,tonic. Inc.
Motion by Jolly, second by Ruettimann to authorize the Mayor
and City Manager to execute a contract for private development
by and among the Housing and Redevelopment Authority of
Columbia Heights, Minnesota, the City of Columbia Heights and
Medtronic Inc. associated with the expansion of Medtronic Inc.
Neuro facility at 800 53rd Avenue in Columbia Heights. Roll
call: All ayes
3. Second Readina of Ordinance No. 1314 RezoninaAmendments
as it Pertains to ~he City-Owned Land to R-B
Motion byPeterson, second byRuettimann to waive the reading
of the ordinance there being ample copies available for the
public. Roll call: All ayes
ORDINANCE NO._1314
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853
PERTAINING TO THE REZONING OF CERTAIN PROPERTY
The City of Columbia Heights does ordain:
Section 1:
That certain property legally described as the
north 3.6 acres of Lots 7 and 8 and the east
293 feet of Lot 9 except the south 30 feet for
road, Auditor's Subdivision 51, Anoka County,
Mn., which is currently zoned R-3, Multiple
Family Residential, shall hereafter be zoned
R-B, Retail Business District.
REGULAR COUNCIL MEETING
DECEMBER 18, 1995
PAGE 11
Section 2:
This ordinance shall be in full force and
effect from thirty (30) days after its
passage.
First reading:
Second reading:
Date of passage:
Offered by:
Seconded by:
Roll call:
December 11, 1995
December 18, 1995
December 18, 1995
Peterson
Ruettimann
All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
4. Pub~ Hearing for 53rd Avenue Tax Increment District and
Plan Corrective Measure
Motion by Petkoff, second by Sturdevant to recommend that
Section 2.8 Bonded Indebtedness, as defined in the
modification to the Columbia Heights Downtown CDBG
Revitalization Plan for the Central Business District
Redevelopment Project, and the establishment of the Tax
Increment Financing Plan for the 53rd Avenue Tax Increment
District be modified to include the following: "The combined
pay-as-you-go amount, whether paid to the City, the Authority,
or the developer, shall not exceed $2,500,000." Roll call:
Ail ayes
C. Public Hearing - Revocation~Suspension of Rental License.
Lee Brandt Regarding Property at 1201~03 37th Avenue Northeast
No Council action was taken on Resolution No. 95-71 which
authorized the revocation of the rental license for this
property.
Motion by Jolly, second by Peterson to close the public
hearing regarding the revocation or suspension of the rental
license held by Lee Brandt regarding rental property at
1201/03 37th Avenue Northeast in that the provisions of the
Housing Maintenance Code have been complied with. Roll call:
All ayes
REGULAR COUNCIL MEETING
DECEMBER 18, 1995
PAGE 12
7. ITEMS FOR CONSIDERATION
A. Qther Resolutions/Ordinances
There were no other resolutions
considered.
nor ordinances to be
B. Bid Considerations
1. Award Contract for LaBelle Pond Sediment Removal -
Pro4ect ~9312
Motion by Ruettimann, second by Peterson to award Municipal
Project #9312, LaBelle Pond sediment removal at LaBelle Park,
to Park Construction Company based upon their low, qualified,
responsible bid in the amount of $82,000,00 with funds to be
appropriated from line item 412-59008-5130, and furthermore,
to authorize the Mayor and City Manager to enter into an
agreement for the same. Roll call: All ayes
0
Award Contract for Garaae Floor Repairs. Project ~9525
Motion by Petkoff, second by Jolly to award Project $9525,
repair of garage floor, Bid B, to TMI Coatings, Inc. of St.
Paul, Minnesota, based on their low, qualified, responsible
bid in the amount of $23,645.25 with funds to be appropriated
from line item 701-49950-5120 (1995 and 1996) and the
difference of $3,645.25 from theundesignated fund balance of
701-49950, and furthermore, to authorize the Mayor and City
Manager to enter into an agreement for the same. Roll call:
All ayes
3. Authorization to Purchase Replacement for Unit #149
Chassis
Motion by Jolly, second byPeterson to authorize the purchase
of a 1996 Ford F350 one-ton chassis cab from the Hennepin
County Contract #3579A5-232 for $15,914 plus tax, funding from
Fund 432-49499-5150, and furthermore, to authorize the Mayor
and City Manager to enter into an agreement for the same. Roll
call: All ayes
REGUI2tRCOUNCILMEETING
DECEMBER 18, 1995
PAGE 13
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Authorization to Purchase Replacement for Unit ~117
Motion by Peterson, second by Sturdevant to authorize the
purchase of a 1996 Ford E250 3/4 ton cargo van from the
Hennepin County Contract ~3579A-232 for $14,939 plus tax,
funding from Fund 433-49449-5150, and furthermore, to
authorizetheMayorand City Manager to enter into a contract
for the same. Roll call: All ayes
5. Authorization to Purchase Renlacement for Unit ~206
Motion by Jolly, second byPeterson to authorize the purchase
of a 1996 Ford F250 3/4 ton pickup from the Hennepin County
Contract #3579A-5-232 for $15,529.00 plus tax, funding from
Fund 431-45200-5150, and furthermore, to authorize the Mayor
and City Manager to enter into a contract for the same. Roll
call: All ayes
C. Other Business
1. Li_auor License Approval for Box Seat Restaurant. 4005
Central Avenue
Dan Stiles, owner of the Box Seat Restaurant, advised the
Council of his and his staff's objectives to enhance and
broadenthe menu byadding healthier food choices and take-out
opportunities. A new kitchen manager and restaurant manager
have been hired. He anticipates these changes will increase
food sales in the establishment. This matter has been an issue
as food sales have not satisfied licensing criteria in the
past.
Motion by Ruettimann, second by Peterson to approve the 1996
license for on-sale liquor at the Box Seat Restaurant and
Sports Bar at 4005 Central Avenue on a probationary basis
provided a quarterly statement, prepared bya certified public
accountant, be submitted stating the amount of total sales
versus the amount of food sales. Roll call: All ayes
8. ADMINISTRATIVE REPORTS
A. Report of the City Manaaer
REGULAR COUNCIL MEETING
DECEMBER 18, 1995
PAGE 14
The City Manager's report was submitted in written form and
the following item was discussed:
Shared Ride Status: The Shared Ride Program received no bids
from providers fort he 1996 contract so the program wi11 cease
December 31, 1995.
Commissioner Kordiakhas recommended to theAnoka County Board
of Co~m~ssionersthattheTraveler Service include the cities
of Columbia Heights and Hilltop in its service area. His
recommendation was approved and it is hoped this service will
conence in these two cities by late January, 1996.
B. ~eport of the City Attorney
The City Attorney had nothing to report at this time.
Councilmember Jolly wished residents and City staff happy
holidays.
Councilmember Petkoff was thanked for her service.
GENERAL COUNCIL COMMUNICATIONS
The minutes of the December 5, 1995 Planning and Zoning
Commission meeting were included in the agenda packet. No
Council action was necessary.
10.
ADJOURNMENT
Motion by Petkoff, second by Ruettimann to adjourn the meeting
at 8:00 p.m. Roll call: All ayes
or~/J0se~ph Sturdevant
~Secretary