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HomeMy WebLinkAboutAugust 28, 1995OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 28, 1995 CITIZEN FORUM TOADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA There was no one present for Citizen Forum. CALL TO ORDER Mayor Sturdevant called the Council Meeting to order at 7:33 p.m. and the cablecasting commenced. Jolly, Petkoff, Ruettimann, Peterson, Sturdevant - present PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA There were no additions nor deletions to the agenda. CONSENT AGENDA Motion by Peterson, second by Ruettimann to approve the Consent Agenda items as follows: Minutes of the Regular City Council Meetina of August 14. 1992 The Council approved the minutes of the Regular City Council Meeting of August 14, 1995 as presented. Establish Hearing Date for License Revocation for Rental Property at 4415 Madison Street The Council established the hearing date of September 25, 1995 for revocation or suspension of a license to operate a rental property within th, City of Columbia Heights against Robert E. Neumann regarding rental property at 4415 Madison Street Northeast. Agprove Adjustments to Rates for Basic and Other Franchise The Council approved the rates for Basic and other franchise fees requested by Meredith Cable, effective July 1, 1995. Establish Work Session Dates The Council established September 5, 1995 at 8:00 p.m. and September 18, 1995 at 7:00 p.m. as work session dates for the City Council. REGULAR COUNCIL MEETING AUGUST 28, 1995 PAGE 2 J Au~horize Staff to Seek Bids to Reroof Pump Station # 2 The Council authorized staff to seek bids to reroof Pump Station #2. Final Payment for Municipal Project #9314 (Fire Alarm System Modification% The Council accepted the work for Municipal Project #9314 (fire alarm system modification) and authorized final payment of $98.00 to Sentry Systems, Inc. of White Bear Lake, Mn. License ADDlications The Counc~ approved the 1995 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 RECOGNITIONS. PROCLAMATIONS. PRESENTATIONS & GUESTS a. Introduction of New Police Officer Acting Chief Olson introduced newly-hired police officer, Jaret Stoffregen and administered the oath of office. b. Values First Week Proclamation Mayor Sturdevant read a proclamation designating September 17 - 23, 1995 as Values First Week in Columbia Heights. He presented the proclamation to Kelly Swanson, Coordinator of Values First. c. Briefina on Student Transportation Chanaes in School District #13 for School Year 1995-1996 Dr. Alain Holt, ISD #13 Superintendent, and Dennis Schultz, Supervisor of Transportation, addressed the proposed changes to the bus routes and related activity for the 1995-1996 school year. Their purpose in reviewing the changes for the Council was to prepare them for any inquiries they may receive regarding this matter. It was felt that community leaders are often contacted about matters of public interest whether they be City issues or School District issues. REGULAR COUNCIL MEETING AUGUST 28, 1995 PAGE 3 Discussion continued relative to bus safety, behavior and bus company personnel. Schultz stated there are relatively few serious problems associated with the District's transportation services. Se PUBLIC HEARINGS a. Resolution No. 95-51 Being a ResolutiQn ApproviBg Revocation of Rental License Held by Donald Findell. Regarding Rental Property at 4522 Ty_ler Street Northeast Motion by Ruettimann, second by Petkoff to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes A tenant in this building addressed the Council regarding her concerns for compliance with the ordinance. She felt the owner would not comply and she would be put in a difficult position for housing. She was advised to contact the City Manager for recommendations regarding legal recourse. RESOLUTION NO. 95-51 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 DONALD FINDELL (HEREAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4522 TYLER STREET NORTHEAST, 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 JULY 18, 1995, OF A PUBLIC HEARING TO BE HELD ON AUGUST 28, 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 That on May 2~ 1995 and June 5. 1995. and on AU_c~st 15. 1995. License Holder was mailed Inspection Request notices. REGULAR COUNCIL MEETING AUGUST 28, 1995 PAGE 4 As of Auaust 23. 1995. License Holder, Donald Findel~, has failed to contact this department to schedule the Annual Housing Maintenance Code Inspection. 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 me That the building located at 4522 Tyler Street Northeast is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto. 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. 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 and completed. ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number 20334 is hereby revoked. e The City shall post for the purpose of preventing occupancy a copy of this order in the buildings covered by the license held by License Holder. All 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 28th day of August, 1995. Offered by: Seconded by: Roll call: Ruettimann Petkoff Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary REGULAR COUNCIL MEETING AUGUST 28, 1995 PAGE 5 ITEMS FOR CONSIDERATION A. Other Resolutions and Ordinances 1. First Reading of Ordinance No. 1307 Being an Ordinance Pertaining to Cable Communications Commission Motion by Petkoff, second by Ruettimann 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. 853, City Code of 1977, which currently reads as follows, to wit: 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: Section 2: Section 3.315(1)(A) of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: ~.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. REGULAR COUNCIL MEETING AUGUST 28, 1995 PAGE 6 is hereby amended to read as follows: ~,~15¢1¢A): Seven ¢7) members shall be appointed by the Columbia Heights City Council. The~gX~D_~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. Section 3: Section 3.315(1)B of Ordinance No. 853, City Code of 1977, which reads as follows, to wit: 3.315f1~(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 bythe 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 by the Columbia Heights City Council shall be a Councilperson 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%~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. Section 4: Section 3.315(1)(C) of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: ~,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: $.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. REGULAR COUNCIL MEETING AUGUST 28, 1995 PAGE 7 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 set 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 befurnished 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. is hereby amended to read as follows: REGULAR COUNCIL MEETING AUGUST 28, 1995 PAGE 8 3.315(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 befurnishedbythe 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: August 28, 1995 Motion byPetkoff, second byRuettimann to schedule the second reading of Ordinance No. 1307 for Monday, September 11, 1995 at approximately 7:00 p.m. Roll call: All ayes 2. First Readina of Ordinance No. 1308 Beina an Ordinance Pertaining to Bouievard Maintenance Motion by Petkoff, second by Peterson to waive the reading of the ordinance there being ample copies available for the public. Roll call: Ail ayes REGULAR COUNCIL MEETING AUGUST 28, 1995 PAGE 9 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 7 of Ordinance No. 853, Chapter 5A of the Housing Maintenance Code of the City Code of 1977, which currently reads as follows, to wit: 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. (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, loading areas, service and utility areas, and mechanical equipmemt. REGULAR COUNCIL MEETING AUGUST 28, 1995 PAGE 10 (b) (c) 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. All 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 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. 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 lots 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 adjacent differing land uses. REGULAR COUNCIL MEETING AUGUST 28, 1995 PAGE 11 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 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 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 perimeter 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 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. (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. REGULAR COUNCIL MEETING AUGUST 28, 1995 PAGE 12 (III) Mechanical Equipment. Heating, ventilation, exhaust, aid 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, service and utility areas, and mechanical equipment. fVI~ Boulevard. That portion of the street or alley riaht-of-way that is not paved. (VIII Private irriaation system. An underaround system of pipes and appurtenances used for waterin~ 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. (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). REGULAR COUNCIL MEETING AUGUST 28, 1995 PAGE 13 (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 retainina walls installed by the City for street and alley ~mDrovements%. includina the adjacent boulevard, shall be maintained in a healthy, safe and nuisance free condition bv the Droperty owner. 3) The Droperty owner shall be responsible for %he maintenance and repair of any private irri~ation systems installed in the boulevard. (c) (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. 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 units 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 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. REGULAR COUNCIL MEETING AUGUST 28, 1995 PAGE 14 (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 an4 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. Motion by Petkoff, second by Peterson to establish September 11, 1995 at approximately 7:00 p.m. for the second reading of Ordinance No. 1308. Roll call: All ayes b. Bid Considerations 1) Awar4 Contract for Mill Street Reconstruction - Pro4ect Motion by Peterson, second by Jolly to award the Mill Street Reconstruction Municipal Project # 9229 to Driveway Design, Inc. of Plymouth, Minnesota, based upon their low, qualified responsible base bid of $371,736.50, and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes 2) Authorize Staff to Purchase Single Axle Dump Truck and to Request Ouotations for Plow Package Motion by Ruettimann, second byPeterson to authorize staff to purchase a 1996 Ford/L800 truck with dump body off the State of Minnesota contract at a cost not including tax of $66,400 and to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: Ail ayes Motion by Ruettimann, second by Peterson to authorize staff to seek quotations for a plow package to equip a new dump truck. Roll call: All ayes REGULAR COUNCIL MEETING AUGUST 28, 1995 PAGE 15 ® Sale of the existing dump truck will take place next spring. Councilmember Ruettimann requested that the funds realized from this sale be put into the Capital Equipment Replacement Fund. c. Qther Business 1) Authorize Braun Intertec to Conduct Road Rater Testing on Zone I City Streets Zone I has approximately 6.5 miles of streets. Its boundaries are from 37th Avenue to 45th Avenue on the south and north and Reservoir Boulevard to Central Avenue, east and west. Motion by Peterson, second by Ruettimann to authorize Braun Intertec Corp. Inc. to conduct road rater testing on Zone I streets, excluding C.S.A.H. and M.S.A.S. for $835.00/mile plus $2.55/mile mobilization and $75.00 fee to determine the asphalt thickness, and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes 2) N,E.I. Agreement Discussion was held regarding the impact this agreement will have on participant fees. It was noted they would increase fifty percent. Councilmember Petkoff felt more information and discussion was needed. Motion by Petkoff, second by Peterson to table this item for additional information. Roll call: Ail ayes ADMINISTRATIVE REPORTS Report of the City Manager The City Manager's report was submitted in written form and the following items were discussed: Housing Acguisitions and Lot Sale Status: The City Manager apprised members of the Council as to the status of lot purchases and agreements for housing acquisitions. Heritaae Heights Neighborhood Update: The City Manager reviewed the timeframes relative to the construction schedule for Heritage Heights. He also mentioned the grant applications which were recently submitted to the MHFA and a grant request for down payment funding. REGULAR COUNCIL MEETING AUGUST 28, 1995 PAGE 16 ~udaet Review Meetinas: Councilmember Ruettimann requested that the Finance Director prepare information regarding savings being realized from changes to this year's budget. be Report of the City Attorney The City Attorney advised that the closing was held today on the property located at 4549 Taylor Street Northeast. 10. ADJOURNMENT Motion by Ruettimann, second by Peterson meeting at 8:35 p.m. Roll call: All ayes to adjourn the /~o-Anne Student %~C~unci 1 yor ~osep~ stUrdevant Secretary