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HomeMy WebLinkAboutSeptember 11, 1995OFFICIAL PROCEEDINGS BOARD OF TRUSTEES MEETING VOLUNTEER RELIEF ASSOCIATION SEPTEMBER 11, 1995 The Board of Trustees Meeting was called to order at 9:50 p.m. by Mayor Sturdevant. Jolly, Petkoff, Ruettimann, Peterson, Sturdevant - present APPROVAL OF MINUTES Motion by Ruettimann, second by Peterson to approve the minutes of the August 14, 1995 Board of Trustees Meeting as presented. Roll call: All ayes APPROVAL OF CHANGED LEAVE OF ABSENCE Motion by Ruettimann, second by Peterson to change the six month leave of absence status for Jason W. Ortman, Volunteer Fire Department, to one year leave of absence with effective dates of March 1, 1995 to March 1, 1996. Roll call: All ayes ADJOURNMENT Motion by Ruettimann, second by Petkoff to adjourn the Board of Trustees Meeting at 9:52 p.m. Roll call: All ayes  ayor/Joseph Sturdevant ~ Secretary OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING SEPTEMBER 11, 1995 CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA There was no one present for the Citizen Forum. CALL ~Q QRDER Mayor Sturdevant called the Council Meeting to order at 7:02 p.m. and the cablecasting commenced. ~OLL CALL Jolly, Petkoff, Ruettimann, Peterson, Sturdevant - present 4. PLEDGE OF ALLEGIANCE Be ADDITIONS/DELETIONS TO MEETING AGENDA There were no additions nor deletions to the agenda. Se CONSENT AGENDA Motion by Peterson, second by Petkoff to approve the Consent Agenda items as follows: ~i~utes for Approval The Council approved the minutes of Regular Council Meeting as presented. the August 28, 1995 ~stablish Hearing Date for Revocation/Suspension of a Rental License for Ten Properties The Council established the hearing date of September 25, 1995 for revocation or suspension of a rental license to operate a rental property within the City of Columbia Heights against the following properties: 1324/26 Circle Terrace, 1316/18 Circle Terrace, 1308/10 Circle Terrace, 4540 Tyler Street, 3849 Central Avenue, 3849 Jackson Street, 4055-57 University Avenue, 3807 Central Avenue, 647 37th Avenue and 3726 3rd Street. ~thorization to Seek Ouo~ations for Window Replacement The Council authorized staff to seek quotations for replacement of single pane windows at the Municipal Service Center. REGULAR COUNCIL MEETING SEPTEMBER 11, 1995 PAGE 2 Authorization to Enter into Agreement with Norwest Bank for Direct Payroll Deposi~ Services The Council authorized the Mayor and City Manager to enter into a cash management services agreement with a supplemental agreement for ACH and Certificate of Authority with Norwest Bank for direct deposit services and a payroll checking account. Establish Date for Special Council Meetin~ to Canvass Election The Council established Wednesday, September 13, 1995 at 5:30 p.m. for a Special Council Meeting to canvass the primary election results. Establish Work Sessions for Budget Preparation The Council established the following dates and times for Council work sessions for budget preparation: September 27, 1995 at 7:00, October 2, 1995 at 8:00, October 3, 1995 at 7:00, October 30, 1995 at 7:00, November 6, 1995 at 7:00, and November 27, 1995 at 7:00. Authorize Attendance at NRPA Congress bY Recreatio~ Program The Council authorized the attendance of the Recreation Program Coordinator at the National Recreation and Park Association Congress to be held in San Antonio, Texas from October 5-9, 1995 and that all related expenses be reimbursed from Funds 101-45000-3105 and 101-45000-3320. Approve Conditional Use Permit - Old America The Council approved the conditional use permit to allow the use of a temporary accessory structure in the parking lot of 4751 Central Avenue from September 29, 1995 through October 1, 1995, provided a $500 deposit is submitted to the license/permit clerk prior to installation of the tent to ensure its removal by October 2, 1995. Approve Variance - Interior Motives. 1306 44th Avenue The Council approved the two (2) foot variance request of Interior Motives due to the hardship of the exceptional topography of the lot which is located at 1306 44th Avenue. Approve Variance - ACCAP Property at 4653 Central Avenue The Council approved the variance to allow the dumpster at 4653 Central Avenue to remain in its present location unscreened as no other location on the lot is available. Approve Variance - City of Columbia Heights. 950 47th Avenue The Council approved the variance allowing a dumpster to remain in its present location at 950 47th Avenue as no other location on the lot is available. REGULAR COUNCIL MEETING SEPTEMBER 11, 1995 PAGE 3 7o License Applications The Council approved the license applications as listed upon payment of proper fees. Payment of Bills The Council approved the payment of bills as listed out of proper funds. Roll call: Ail ayes RECOGNITIONo PROCLAMATIONS. PRESENTATIONS. GUESTS Mayor Sturdevant read the proclamation of recognition of Jan Filer for her participation in the Block Builders Organization. The proclamation was presented to Ms. Filer at the groundbreaking of a home site in the City. PUBLIC HEARINGS a. SecQnd Reading of Ordinance No. 1307 Being an Ordinance Pertaining to Cable Communications Commission Motion by Ruettimann, second by Peterson to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1307 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977 AND PERTAINING TO CABLE COMMUNICATIONS COMMISSION The City of Columbia Heights does ordain: Section 1: Section 3.315(1) of Ordinance No. Code of 1977, which currently follows, to wit: 853, City reads as A Columbia Heights/Hilltop Cable Communications Commission is hereby established which shall consist of seven (7) members to be organized as follows: is hereby amended to read as follows: 3.315(1~: A Columbia Heights Cable Communications Commission is hereby established to consist of seven members to be organized as follows: REGULAR COUNCIL MEETING SEPTEMBER 11, 1995 PAGE 4 Section 2: Section 3.315(1)(A) of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: 3.315(1)(A~: Six (6) members shall be appointed by the Columbia Heights City Council and one (1) member shall be appointed by the Hilltop City Council. The six (6) members appointed by the Columbia Heights City Council shall be residents of Columbia Heights and shall include one (1) Columbia Heights Councilperson. A majority of Commission members shall constitute a quorum. is hereby amended to read as follows: 3.315lirA): Seven ¢7) members shall be appointed by the Columbia Heights City Council. The seven ¢7) members appointed by the Columbia Heights City Council shall be residents of Columbia Heights and shall include one (1) Columbia Heights Council person. A majority of Commission members shall constitute a quorum. Section 3: Section 3.315(1)B of Ordinance No. 853, City Code of 1977, which reads as follows, to wit: 3.315(1)¢B) Each member of the Commission shall serve for a term of two (2) years except that the Columbia Heights Council person shall serve at the pleasure of the Council. The first two (2) members appointed by the Columbia Heights City Council shall serve a term to expire the first of April after passage of this ordinance. The second three (3) members appointed by the Columbia Heights City Council shall serve a term to expire the second of April after passage of this ordinance. The sixth member appointed bythe Columbia Heights City Council shall be a Council person who shall serve at the pleasure of the Columbia Heights City Council. The member appointed by the City of Hilltop shall serve a two year term as directed by the Hilltop City Council. is hereby amended to read as follows: 3.315{1)fB%: Each member of the Commission shall serve for a term of two (2) years except that the Columbia Heights Council person shall serve at the pleasure of the Council. Section 4: Section 3.315(1)(C) of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: REGULAR COUNCIL MEETING SEPTEMBER 11, 1995 PAGE 5 ~.315(1~(C): The Columbia Heights City Manager or person designated by him shall be an ex-officio member of the Commission. The Hilltop City Council may direct that the Hilltop City Clerk shall serve as an ex-officio member of the Commission. is hereby amended to read as follows: 3.315(1~(C}: The Assistant to the City Manager, or a person designated by him/her, shall be an ex-officio member of the Commission. Section 5: Section 3.315(1)(D) of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: 3.315¢1~¢D~: If a seat on the Commission becomes vacant before the term of said seat has expired, it shall be filled by appointment by the municipality formerly represented. is hereby amended to read as follows: 3,315(1)(D~: If a seat on the Commission becomes vacant before the term of said seat has expired, it shall be filled by appointment by the City Council. Section 6: Section 3.315(2)(A) of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: 3.315(2~(A%: Study, investigate and make written recommendations to the City Council on all matters pertaining to the Columbia Heights/Hilltop Cable Communications Franchise on its own initiative or as referred to the Commission by the Council or administrative service of the City. This shall include, but not be limited to, the following matters: (1) Additional services which could be furnished bythe Cable Communications System. (2) Rate adjustments. (3) Actions of Grantee which may be grounds for revocation of the Franchise. (4) Grantee's performance,regarding subscriber complaints and interruption of service. (5) Operation and use of access channels. REGULAR COUNCIL MEETING SEPTEMBER 11, 1995 PAGE 6 (6) (7) (8) (9) Renewal or extension of the Franchise. Channel allocation and programming. Compliance of Grantee with terms and Franchise. Possible sanctions against Grantee. conditions of is hereby amended to read as follows: 3.3~5(2)(A): Study, investigate and make written recommendations to the City Council on all matters pertaining to the Columbia Heights Cable Communications Franchise on its own initiative or as referred to the Commission by the Council or administrative service of the City. This shall include, but not be limited to, the following matters: (1) Additional services which could be furnished by the Cable Communications System. (2) Rate adjustments. (3) Actions of Grantee which may be grounds for revocation of the Franchise. (4) Grantee's performance regarding subscriber complaints and interruption of service. (5) Operation and use of access channels. (6) Renewal or extension of the Franchise. (7) Channel allocation and programming. (8) Compliance of Grantee with terms and conditions of Franchise. (9) Possible sanctions against Grantee. Section 7: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: August 28, 1995 September 11, 1995 September 11, 1995 REGUALR COUNCIL MEETING SEPTEMBER 11, 1995 PAGE 7 Offered by: Seconded by: Roll call: Ruettimann Peterson Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary b. Second Readin~ of Ordinance No. 1308 Beina an Ordinance Pertaining to Chapter 5A Housing Maintenance Code Motion by Jolly, second by Ruettimann to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1308 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, CHAPTER 5A OF THE HOUSING MAINTENANCE CODE, PERTAINING TO SCREENING AND LANDSCAPING The City of Columbia Heights does ordain: Section 1: Section ? of Ordinance No. 853, Chapter 5A of the Housing Maintenance Code of the City Code of 1977, which currently reads as follows, to wit: 5A.207fl): Section 7: Screening and Landscaping (1) No person shall occupy as an owner-occupant or let to another for occupancy and dwelling or dwelling unit for the purpose of living, sleeping, eating or cooking therein which does not comply with the requirements of this 5A.207. (a) Definitions. For the purposes of this Section, the following terms shall have the meaning stated: (I) Fence. Any partition, structure, wall, or gate erected as a divider marker, barrier, or enclosure, and located along the boundary~ or within the required yard. (II) Landscape. ~Site amenities, including trees, shrubs, ground covers, flowers, fencing, berms, retaining walls, and other outdoor findings. REGULAR COUNCIL MEETING SEPTEMBER 11, 1995 PAGE 8 (b) (III) Mechanical Equipment. Heating, ventilation, exhaust, air conditioning, and communication units integral to and located on top, beside, or adjacent to a building. (IV) Retaining Wall. A wall or structure constructed of stone, concrete, wood, or other materials, used to retain soil, as a slope transition, or edge of a planting area. (V) Screening. A barrier which blocks all views from public roads and differing land uses to off- street parking areas, loading areas, service and utility areas, and mechanical equipmemt. Every yard of any premises on which a dwelling or dwelling unit is located shall have installed and maintained landscaping in accordance with the provisions of this section: (I) Sodding and Ground Cover. Ail exposed ground area surrounding the principle building and accessory buildings, which are not devoted to driveways, parking areas, sidewalks, or patios, shall be sodded or landscaped with shrubs, trees, gardens, or other ornamental landscape material. No landscaped area shall be used for the parking of vehicles or storage or display of materials, supplies or merchandise. (II) Slopes or Berms. Final grades with a slope ratio of greater than three (3) to one (1) will not be permitted without special approved treatment such as special seed mixtures or reforestation, terracing, or retaining walls. Berming used to provide required screening of parking lots and other open areas shall not have slopes in excess of three (3) to one (1). (III) Maintenance 1) Any dead trees, shrubs, ground covers, and sodding shall be replaced in accordance with this code. (IV) Placement of Plant Materials. No landscaping shall be allowed within any drainage utility easements, road right-of-way, or immediately adjacent to any driveway or road intersection if REGULAR COUNCIL MEETING SEPTEMBER 11, 1995 PAGE 9 such landscaping would interfere with a motorist's view of the street or roadway or with the use of the easement for its intended purpose. (c) General Screening. Ail loading, service utility, mechanical equipment, and outdoor storage areas for dwelling of three (3) or more units shall be screened for all public roads and adjacent differing land uses. Ail parking 10ts for dwellings of three (3) or more units if the property on which the lot is located abuts a differing land use and is not separated from a differing land use by a public street, roadway or alley shall be screened from adjacnet differing land uses. Screening shall consist of any combination of the earth mounds, walls, fences, shrubs, compact evergreen trees, or dense deciduous hedge six (6) feet in height. Hedge materials must be at least three (3) feet in height, and trees must be at least six (6) feet in height at planting. The heights and depth of the screening shall be consistent with the height and size of the area for which screening is required. When natural materials, such as trees and hedges, are used to meet the screening requirements of this sub-section, density and species of planting shall be such to achieve seventy-five percent (75%) opacity year round. (d) Other Parking Lot Screening. Ail parking lots for dwellings of three (3) or more units which are not required to be screened pursuant to 5A.207(1)(c) must either provide screening pursuant to 5A.207(1)(c) or provide a minimum of one deciduous tree for every forty-five feet (45') or portion thereof of parking lot perimiter planted adjacent to the nearest roadway abutting the property on which the parking lot is located. (e) Variances under 5A.207 shall be 'enforced and administered in accordance with 5A.208(2). is hereby amended to read as follows: Section 7: Screening and Landscaping (1) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, eating or cooking therein which does not comply with the requirements of this 5A.207. REGULAR COUNCIL MEETING SEPTEMBER 11, 1995 PAGE 10 (a) Definitions. For the purposes of this Section, the following terms shall have the meaning stated: (I) Fence. Any partition, structure, wall, or gate erected as a divider marker, barrier, or enclosure, and located along the boundary or within the required yard. (II) Landscape. Site amenities, including trees, shrubs, ground covers, flowers, fencing, berms, retaining walls, and other outdoor furnishings. (III) Mechanical Equipment. Heating, ventilation, exhaust, air conditioning, and communication units integral to and located on top, beside, or adjacent to a building. (IV) Retaining Wall. A wall or constructed of stone, concrete, wood, materials, used to retain soil, as transition, or edge of a planting area. structure or other a slope (V) Screening. A barrier which blocks all views from public roads and differing land uses to off- street parking areas, service and utility areas, and mechanical equipment. CVI) Boulevard. That portion of the street or alley right-of-way that is ~0~ pave~, fVII) Private irrigation system. An underground system of pipes and appurtenances used for wa~ering lawn and'other landscaping. (b) Every yard of any premises on which a dwelling or dwelling unit is located shall have installed and maintained landscaping in accordance with the provisions of this section: (I) Sodding and Ground Cover. Ail exposed ground area surrounding the principle building and accessory buildings, which are not devoted to driveways, parking areas, sidewalks, or patio, shall be sodded or landscaped with shrubs, trees, gardens, or other ornamental landscape material. No landscaped area shall be used for the parking of vehicles or storage or display of materials, supplies or merchandise. REGULAR COUNCIL MEETING SEPTEMBER 11, 1995 PAGE 11 (II) Slopes or Berms. Final grades with a slope ratio of greater than three (3) to one (1) will not be permitted without special approved treatment such as special seed mixtures or reforestation, terracing, or retaining walls. Berming used to provide required screening of parking lots and other open areas will not have slopes in excess of three (3) to one (1). (III) Maintenance. 1) Any dead trees, shrubs, ground covers, and sodding shall be replaced in accordance with this code. 2) Ail landscaped areas ~¢except those retaining walls installed by the City for street and alley improvements), including the adjacent ~Qulevardo shall be maintained in a healthy, ~afe and nuisance free condition by the property owner. 3) The property owner shall be responsible for the m~intenance and repair of any private irrigation systems installed in the boulevard. (IV) Placement of Plant Materials. No landscaping shall be allowed within any drainage utility easements, road right-of-way, or immediately adjacent to any driveway or road intersection if such landscaping would interfere with a motorist's view of the street or roadway or with the use of the easement for its intended purpose. (c) General Screening. Ail loading, service utility, mechanical equipment, and outdoor storage areas for dwelling of three (3) or more units shall be screened from all public roads and adjacent differing land uses. All parking lots for dwellings of three (3) or more unit~ if the property on which the lot is located abuts a differing land use and is not separated from the differing land use by a public street, roadway or alley shall be screened from adjacent differing land uses. Screening shall consist of any combination of the earth mounds, walls, fences, shrubs, compact evergreen trees, or dense deciduous hedge six (6) feet in height. Hedge REGULAR COUNCIL MEETING SEPTEMBER 11, 1995 PAGE 12 materials must be at least three (3) feet in height, and trees must be at least six (6) feet in height at planting. The height and depth of the screening shall be consistent with the height and size of the area for which screening is required. When natural materials, such as trees or hedges, are used to meet the screening requirements of this sub-section, density and species of planting shall be such to achieve seventy-five percent (75%) opacity year round. (d) Other Parking Lot Screening. Ail parking lots for dwellings of three (3) or more units which are not required to be screened pursuant to 5A.207(1)(c) must either provide screening~ pursuant to 5A.207(1)(c) or provide a minimum of one deciduous tree for every forty-five feet (45') or portion thereof of parking lot perimeter planted adjacent to the nearest roadway abutting the property on which the parking lot is located. (e) The property owner is responsbile for maintenance and repair of any private irrigation systems installed in the boulevard, (f) Variances under 5A.207 shall be enforced and administered in accordance with 5A.208(2). Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: August 28, 1995 September 11, 1995 September 11, 1995 Offered by: Seconded by: Roll call: Jolly Ruettimann Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary REGULAR COUNCIL MEETING SEPTEMBER 11, 1995 PAGE 13 C. Public He~riPg - Three Resolutions Ordering and Levying an Improvemen~ Resolution No. 95-52 Ordering Alley Light~ 39th to 40th Avenues. Mill Street to Jefferson Street Motion by Ruettimann, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 95-52 Adopting assessment roll for the following local improvement and determining said improvement will be made and ratifying and confirming all other proceedings, heretofore had: Special Assessment for mid-block alley light numbered 677-Area 27- Project #9518. WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 p.m. on the llth day of September, 1995, in the City Council Chambers, 590 40th Avenue Northeast, Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvement above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated the cost of such local improvement and has prepared an assessment roll therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: Section 1: That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Local Improvements" numbered 677-Area 27-Project 9518 for mid- block alley lighting. Section 2: That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefitted by such improvements. This Council further finds and determines that the proper proportion of the cost of such improvement to be especially assessed against each lot or parcel of land is the amount as billed annually by Northern States Power. REGULAR COUNCIL MEETING SEPTEMBER 11, 1995 PAGE 14 Section 3: That the annual installment shall be paid in full without interest on or before September 15, 1996 (covering electric from date of placement through 1996), and in annual installments thereafter, as long as the mid-block light is in place. Failure to pay the annual installment renders the same delinquent and thereafter a 10% penalty is added and the said delinquent special assessment is certified to the County for collection with the real estate tax. Section 4: That this Council did hereby determine and redetermine to proceed with said improvement, does ratify and confirm all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known and numbered 677-Area27 for mid-block alley lighting. Passed this llth day of September, 1995 Offered by: Seconded by: Roll call: Ruettimann Peterson Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Resolution No. 95-53 Ordering Alley Light between OuinQy and Jackson Streets. Jackson Street to 40th Avenue Motion by Ruettimann, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 95-53 Adopting assessment roll for the following local improvement and determining said improvement will be made and ratifying and confirming all other proceedings, heretofore had: Special Assessment for mid-block alley light numbered 677-Area 28- Project #9519. WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 p.m. on the llth day of September, 1995, in the City Council Chambers, 590 40th Avenue Northeast, Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvement above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, REGULAR COUNCIL MEETING SEPTEMBER 11, 1995 PAGE 15 WHEREAS, this Council has heretofore estimated the cost of such local improvement and has prepared an assessment roll therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: Section 1: That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Local Improvements" numbered 677-Area 2S-Project 9519 for mid- block alley lighting. Section 2: That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefitted by such improvements. This Council further finds and determines that the proper proportion of the cost of such improvement to be especially assessed against each lot or parcel of land is the amount as billed annually by Northern States Power. Section 3: That the annual installment shall be paid in full without interest on or before September 15, 1996 (covering electric from date of placement through 1996), and in annual installments thereafter, as long as the mid-block light is in place. Failure to pay the annual installment renders the same delinquent and thereafter a 10% penalty is added and the said delinquent special assessment is certified to the County for collection with the real estate tax. Section 4: That this Council did hereby determine and redetermine to proceed with said improvement, does ratify and confirm all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known and numbered 677-Area 28 for mid-block alley lighting. Passed this llth day of September, 1995. Offered by: Seconded by: Roll call: Peterson Ruettimann Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Resolution No. 95-54 Ordering A%i~Y Light between 39th and 40th Avenues Jefferson Street to ouincy Street REGULAR COUNCIL MEETING SEPTEMBER 11, 1995 PAGE 16 Motion by Peterson, second by Ruettimann to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 95-54 Adopting assessment roll for the following local improvement and determining said improvement will be made and ratifying and confirming all other proceedings, heretofore had: Special Assessment for mid-block alley light numbered 677-Area 29- Project #9520. WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 p.m. on the llth day of September, 1995, in the City Council Chambers, 590 40th Avenue Northeast, Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvement above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated the cost of such local improvement and has prepared an assessment roll therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: Section 1: That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Local Improvements" numbered 677-Area 29-Project 9520 for mid- block alley lighting. Section 2: That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefitted by such improvements. This Council further finds and determines that the proper proportion of ~he cost of such improvement to be especially assessed against each lot or parcel of land is the amount as billed annually by Northern States Power. REGULAR COUNCIL MEETING SEPTEMBER 11, 1995 PAGE 17 Section 3: That the annual installment shall be paid in full without interest on or before September 15, 1996 (covering electric from date of placement through 1996), and in annual installments thereafter, as long as the mid-block light is in place. Failure to pay the annual installment renders the same delinquent and thereafter a 10% penalty is added and the said delinquent special assessment is certified to the County for collection with the real estate tax. Section 4: That this Council did hereby determine and redetermine to proceed with said improvement, does ratify and confirm all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known and numbered 677-Area 29 for mid-block alley lighting. Passed this llth day of September, 1995. Offered by: Seconded by: Roll call: Peterson Ruettimann All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary d. Public Hearing - Revocation/Suspension for Properties at 3717 Polk Street and 3923 Lookout Place Motion by Petkoff, second by Peterson to close the public hearing regarding the revocation or suspension of the rental license held by the above-named property owners regarding their rental properties in that the property owners have complied with provisions of the Housing Maintenance Code. Roll call: All ayes e. Public Hearing/Resolution No. 95-55 Regarding License RevQ~tion/Suspension for Property at 1155 Cheery Lane Motion by Petkoff, second by Peterson to close the public hearing regarding the revocation or suspension of the rental license held by John L. Sundeen regarding rental property at 1155 Cheery Lane in that the provisions of the Housing Maintenance Code have been. complied with. Roll call: All ayes f. Public Hearing/Resolution No. 95-56 Regarding License Revocation/S~pension for Property at 3740 Reservoir Boulevard REGULAR COUNCIL MEETING SEPTEMBER 11, 1995 PAGE 18 Motion by Jolly, second by Petkoff to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO, 95-56 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY JEFFREY D. BAHE (HEREAFTER "LICENSE MOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 3740 RESERVOIR BOULEVARD N.E., COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON AUGUST 28, 1995, OF A PUBLIC HEARING TO BE HELD ON SEPTEMBER 11, 1995. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on April 1, 1995 and on June 5, 1995, and on August 28, 1995, license holder was mailed relicensing application for the above-described real property. As of September 7, 1995, license holder Jeffrey D. Babe has failed to submit the relicensing application and fee. 2. That all parties, including the license holder and any occupants or tenants, have been given the appropriate notice of this hearing according to provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF THE COUNCIL 1. That the building located at 3740 Reservoir Boulevard N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by license holder. REGULAR COUNCIL MEETING SEPTEMBER 11, 1995 PAGE 19 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occpant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. That rental license belonging to the license holder described herein and identified by license number 30085 is hereby revoked; 2. The City shall post for the purpose of preventing occuancy a copy of this order on the buildings covered by the license held by license holder; 3. Ail tenants shall remove themselves from the premises within 60 days from the first date of posting of this order revoking the license as held by license holder. Passed this llth day of September, 1995. Offered by: Seconded by: Roll call: Jolly Petkoff Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary g. Public Hearing/Resolution No. 95-57 Regarding License Revocation/Suspension for Property at 4200 Third Street Motion by Petkoff, second by Jolly to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes Some tenants in this building were present to discuss the history of the managment of the building and some of the violations which currently exist. They expressed concern regarding their future living situations. RESOLUTION NO. 95-57 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY PAUL J. YEH (HEREAFTER "LICENSE HOLDER"). REGULAR COUNCIL MEETING SEPTEMBER 11, 1995 PAGE 20 WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF PROPERTY LOCATED AT 4200 NORTHEAST THIRD STREET, HEIGHTS, MINNESOTA, AND THE REAL COLUMBIA WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON SEPTEMBER 5, 1995, OF A PUBLIC HEARING TO BE HELD ON SEPTEMBER 11, 1995. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on June 5, 1995, Enforcement Officer Matthew Field, for the City of Columbia Heights, inspected the real property and incidental buildings located thereon at 4200 Third Street Northeast, within the City of Columbia Heights, Minnesota, and owned, according to the application for rental license on file for the above-described real property by Paul J. Yeh. 2. Based upon said inspection of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and licensing rental units were found to exist, to wit. See Attached Compliance Order 3. That all parties, including the license holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 4200 Third Street Northeast is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by license holder. REGULAR COUNCIL MEETING SEPTEMBER 11, 1995 PAGE 21 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised or completed. ORDER OF COUNCIL 1. The rental license belonging to the license holder described herein and identified by license holder 30043 is hereby revoked/suspended (cross out one); 2. The City shall post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by license holder; 3. Ail tenants shall remove themselves from the premises within 60 days from the date of posting of this order revoking the license as held by license holder. Passed this llth day of September, 1995. Offered by: Seconded by: Roll call: Petkoff Jolly Ail ayes Mayor Joseph Sturdevant e Jo-Anne Student, Council Secretary h. Public Hearing/Resolution No. 95-58 Regarding License Revocation/Suspension for Property at 1860 49th Avenue Motion by Petkoff, second by Jolly to close the public hearing regarding the revocation/suspension of the rental license held by Beverly Schaefer regarding rental property at 1860 49th Avenue in that provisions of the Housing Maintenance Code have been complied with. Roll call: All ayes ITEMS FOR CONSIDERATION a. Other Resolutions and Ordinances 1. Resolution No. 95-59 Adopting 1996 Business License Fees Motion by Petkoff, second by Jolly to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes REGULAR COUNCIL MEETING SEPTEMBER 11, 1995 PAGE 22 RESOLUTION NO. 95-59 ADOPTING 1996 BUSINESS LICENSE FEES WHEREAS, Ordinance No. 853, City Code of 1977, pertaining to commercial licensing regulations provides for the establishing of annual license fees; and WHEREAS, the City has participated in a survey of metropolitan municipalities regarding business license fees charged by other communities; and WHEREAS, the City is attempting to maintain business licenses which are comparable; and WHEREAS, the City annually reviews its business license fee schedule; NOW THEREFORE, BE IT RESOLVED, that the attached proposed license fee schedule be adopted and effective January 1, 1996. Passed this llth day of September, 1995. Offered by: Seconded by: Roll call: Petkoff Jolly Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 2. Resolution Nol 95-60 Being a Resolution Adopting a PrOPOSed B~ged for the Year 1996 an~ Setting the Proposed Tax Lew Collectable for the Year ~996 Motion by Petkoff, second by Peterson to amend the resolution with a change of the estimated local levy from $2,121,914 to $2,065,230. Roll call: Petkoff, Ruettimann, Peterson, Sturdevant - aye Jolly - nay Councilmember Petkoff felt an increase of 3% in local taxes was more acceptable than the recommendation of 5.83%. Motion by Petkoff, second by Peterson to waive the reading of the amended resolution the~e being ample copies available for the public. Roll call: All ayes REGULAR COUNCIL MEETING SEPTEMBER 11, 1995 PAGE 23 RESOLUTION NO. 95-60 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA ADOPTING A PROPOSED BUDGET, SETTING THE CITY AND HRA PROPOSED LOCAL LEVY, AND ESTABLISHING A BUDGET HEARING DATE FOR PROPERTY TAXES PAYABLE IN 1996 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: That the following is hereby adopted by the City of Columbia Heights: Section A. The proposed budget for the City of Columbia Heights for the year 1996 is hereby approved with appropriations for each of the funds as follows: General Fund Community Development Admin. CDGB/HOME Parkview Villa North Parkview Villa South Para Transit Fund State Aid Maintenance Cable Television Fund Library DARE Project Police Grant Project Pride Captial Improvements Fund Multi-use Redevelopment Infrastructure Fund Capital Equipment Replacement Funds Central Garage Fund Liquor Fund Water Utility Fund Sewer Utility Fund Refuse Fund Water & Sewer Construction Funds Energy Management Data Processing Police/Fire Cont Reserve Debt Service Fund 6,748,890 773,725 364,309 259,417 137,479 93,482 109,486 90,863 443,181 6,325 100,522 3,175 473,152 27,060 200,000 331,269 353,917 5,640,009 1,343,139 1,388,486 1,303,091 339,000 346,866 97,929 118,783 2,946,536 Total Expense Including Interfund transfers 24,082,667 REGULAR COUNCIL MEETING SEPTEMBER 11, 1995 PAGE 24 Section B. The estimated gross revenue to fund the budget of the City of Columbia Heights for all funds, including general ad valorem tax levies as hereinafter set forth for the year 1996: Revenue Available General Fund Community Development Admin. CDGB/HOME Parkview Villa North Parkview Villa South Para Transit Fund State Aid Maintenance Cable Television Fund Library DARE Project Police Grant Project Pride Captial Improvements Fund Multi-use Redevelopment Infrastructure Fund Capital Equipment Replacement Funds Central Garage Fund Liquor Fund Water Utility Fund Sewer Utility Fund Refuse Fund Water & Sewer Construction Funds Energy Management Data Processing Police/Fire Cont Reserve Debt Service Fund 6,748,890 773,725 364,309 259,417 137,479 93,482 109,486 90,863 443,181 6,325 100,522 3,175 473,152 27,060 200,000 331,269 353,917 5,640,009 1,343,139 1,388,486 1,303,091 339,000 346,866 97,929 118,783 2,946,536 Total Revenue Including Interfund Transfers 24,082,667 Section C. The following sums of money are levied for the current year, collectable in 1996, upon the taxable property in said City of Columbia Heights, for the following purposes: Estimated Area Wide 688,931 Estimated Local Levy 2,065,230 Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopment Authority tax levy budget for the fiscal year 1996 in the amount of $72,191.70. REGULAR COUNCIL MEETING SEPTEMBER 11, 1995 PAGE 25 BE IT FURTHER RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: That the budget hearing shall be held on November 30, 1995 at 7:00 p.m. in the City Council Chambers. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. Approved this llth day of September, 1995. Offered by: Seconded by: Roll call: Petkoff Peterson Petkoff, Ruettimann, aye Jolly - nay Peterson, Sturdevant - Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 3. Resolution No. 95-61 Being A Resolution Approving Lotsplit at 569 38th Avenue Northeast Motion by Peterson, second by Ruettimann to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 95-61 SUBDIVISION REOUEST CITY OF COLUMBIA HEIGHTS 590 40TH AVENUE N.E. COLUMBIA HEIGHTS, MN. 55421 I, Mary Jane Schaefer, hereby request a split of PIN 35 30 24 43 0007, legally described as: Lots, 12, 13 and 14, Block 83, Columbia Heights Annex to Minneapolis, Anoka County,. Minnesota, together with the south half of vacated alley lying adjacent to said lots. THE DESCRIPTION HENCEFORTH TO BE: REGULAR COUNCIL MEETING SEPTEMBER 11, 1995 PAGE 26 ae Lot 12 and the east 17.50 feet of Lot 13, Block 83, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. Together with the south half of the vacated alley lying adjacent to said lots. Be Lot 14 and that part of Lot 13 lying westerly of the east 17.50 feet thereof, Block 83, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. Together with the south half of the vacated alley lying adjacent to said lots. Be it further resolved that special assessments of record in the office of the City of Columbia Heights as of this day, against the above described property, in the amount of $ -0- be divided. Paid. Any pending or future assessments will be levied according to the new split as approved this day. Any lotsplit given approval shall become invalid if the resolution, motion or other Council action approving the said lotsplit is not filed with the County Auditor within one (1) year of the date of the Council action. PLANNING & ZONING DEPT. ACTION: Approved This 5th day of Sept. 1995 Mary J. Schaefer Signature of Owner 4101 Madison St. Owner's Address Offered by: Seconded by: Roll call: Fowler Peterson Ail ayes Phone # 788-8428 C. Goodroad Zoning Officer Jane A. Gleason Notary Public CITY COUNCIL ACTION: Approved This llth day of Sept. 1995 Offered by: Seconded by: Roll call: Peterson Ruettimann All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary FEE: $10.00 DATE PAID 8-17-95 RECEIPT NO. 33672 REGULAR COUNCIL MEETING SEPTEMBER 11, 1995 PAGE 27 B. Bid Considerations 1. Aw~F~ Contract for Improvements to Ostrander Park Motion by Jolly, second by Petkoff to award the Project #9523, Ostrander Park Building modifications to PMI Construction Company of New Brighton, Mn, based on their low, qualified, responsible bid of $14,220.00 and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same with funding to come from Fund 412-45200-5120. Members of the Council felt more information was needed on this issue before a decision is made. Roll call: Ayes - none Nays - Jolly, Petkoff, Ruettimann, Peterson, Sturdevant Motion fails. Motion by Ruettimann to return this matter to staff for further consideration and to seek bids separately on the doors and on the lights. Motion dies for lack of a second. Motion by Petkoff, second by Jolly to table for further consideration. Roll call: All ayes 2. Award of Contract for Water Tower Improvements Motion by Petkoff, second by Jolly to award Project #9503, water tower improvements, to TMI Coatings, Inc. based on their low, qualified, responsible bid for Alternate B of $179,000 and furthermore; to authorize the Mayor and City Manager to enter into an agreement for the same with payment for said agreement to come from Fund 651-49449-5130. Roll call: All ayes 3. Authorization to Purchase Replacement for #136 Motion by Jolly, second by Peterson to authorize staff to purchase a new 1995 Ford F250, heavy duty 4 x 4 pickup from the state contract at a cost not-to-exceed $16,750 plus tax equally split between Funds 433-49499-5150 and 432-49499-5150 and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes REGULAR COUNCIL MEETING SEPTEMBER 11, 1995 PAGE 28 4. Final Payment for Municipal Project # 9511 - Seal Jackson Motion by Peterson, second by Petkoff to accept the work for Municipal Project $9511, seal inverted well at Jackson Pond and to authorize final payment of $9,500 to E.H. Renner and Sons of Elk River, Minnesota. Roll call: Ail ayes 5. Authorization of Contract for Newsletter Printina Services Motion by Petkoff, second by Jolly to approve the low quotation of Rapid Graphics in the amount of $4,779 for the printing of "Heights Happenings" newsletter and approve the low quotation of IPC Printing in the amount of $2,975.74 for the printing of the "Heights Highpoints" newsletter and authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes 6. Award Demolition Contract on 4501 Madison street and 4656 Monroe Street Motion by Peterson, second by Ruettimann to award the contract for demolition of 4501 Madison Street and 4656 Monroe Street to K.A. Stark Contracting based upon their low, qualified, responsible quote in the amount of $9,250 with funds to be appropriated from Fund 415-59408-3050 for 4501 Madison Street and from Fund 202-36240-3050 for 4656 Monroe Street and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes 7. Pond Modifications # 931~ at Silver Lake Park - Municipal Motion byRuettimann, second bySturdevant to award the Silver Lake Park Pond modifications, Municipal Project $9316, to F. M. Frattalone Excavating and Grading, Inc. of St. Paul, Minnesota, based on their low, qualified, responsible bid in the amount of $17,728.50 with funds to be appropriated from Fund 652-49499; and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. Roll all: All ayes C. OTHER NEW BUSINESS 1. N.E.I. - College of Technology Agreement with RecreatioB Department REGULAR COUNCIL MEETING SEPTEMBER 11, 1995 PAGE 29 Councilmember Petkoff felt this institution is going back on its good faith agreement with the City. Motion by Ruettimann, second by Sturdevant to authorize the Mayor and City Manager to enter into a lease agreement with NEI-College of Technology for the Recreation Department's use of their gymnasiums. Roll call: Ruettimann, Peterson, Sturdevant - aye Jolly, Petkoff - nay 2. A~thorize Exclusive Negotiations Agreement for Development Proposal at 45th and Central Avenues Motion by Ruettimann, second by Peterson to authorize the Mayor and City Manager to enter into exclusive negotiations agreement with Paster Enterprises and the Columbia Heights Housing and Redevelopment Authority regarding the redevelopment of the southwest quadrant of the intersection of 45th and Central Avenues. Roll call: All ayes 3. Sal~ of 4204 Sixth Street Motion by Ruettimann, second by Sturdevant to authorize city staff to prepare an ordinance to transfer the city-owned property at 4204 Sixth Street. Roll call: All ayes 4. Primary Election Mayor Sturdevant reminded cable viewers of the September llth Primary Election. 10. ADMINISTRATIVE REPORTS a. Report of the City Manager The City Manager's report was submitted in written form. b. ~eport of City Attorney The City Attorney had nothing to report at this tiem. Motion by Peterson, second by Ruettimann to adjourn the meeting at 9:50 p.m. Roll call: ~11 ayes ayor~Joseph s~urdevant - -Anne St~nt,~L~ncil Secretary