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HomeMy WebLinkAboutJuly 10, 1995OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS BOARD OF TRUSTEES VOLUNTEER RELIEF ASSOCIATION JULY 10, 1995 The Board of Trustees Meeting was called to order at 8:35 p.m. by Mayor Sturdevant. Jolly, Petkoff, Ruettimann, Peterson, Sturdevant - present e APPROVAL OF MINUTES Motion by Ruettimann, second by Peterson to approve the May 8, 1995 Board of Trustees meeting minutes as presented. Roll call: All ayes 3. LEAVE OF ABSENCE Motion by Ruettimann, second by Peterson to record the leave of absence status for Lance R. Montague, Volunteer Fire Department, effective June 13 through July 27, 1995 (forty- five days). Roll call: All ayes D~th Benefit Payment - Patsch Motion by Ruettimann, second by Peterson to approve the death benefit payment for Lawrence Patsch be made to the estate of Lawrence Patsch. Roll call: Ail ayes Sm ADJOURNMENT Motion by Peterson, second by Ruettimann to adjourn meeting at 8:40 p.m. Roll call: All ayes -Anne Student ,- ~6T[ncil /ay~r ~eph Sturdevant Secretary the OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING JULY 10, 1995 The Regular Council Meeting was called to order at 7:00 p.m. by Mayor Sturdevant. Jolly, Petkoff, Ruettimann, Peterson, Sturdevant - present 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA The following items were approved on the Consent Agenda: Minutes for ADDroval The Council approved the minutes of the June 26, 1995 Regular Council Meeting with one correction. Variance Reauest - Hillcrest Development. 550 39th Avenue The Council approved the variance request of Hillcrest Development, 550 39th Avenue, to allow a certain portion of the required parking spaces to be installed over a specific timeframe conditioned upon the execution of a subsequent agreement between the City of Columbia Heights and the applicant for the provision of additional parking spaces to be dedicated up to the required ordinance amount based on the hardship of the existing parking ordinance. Establish Hearing Dates for Revocation or Suspension of Rental proDerty Licenses The Council established a hearing date of August 14, 1995 for revocation or suspension of a license to operate rental property within the City of Columbia Heights against various property owners regarding their rental property for failure to submit relicensing applications and conduct annual inspections in compliance with Housing Maintenance Codes. The Council established a hearing date of August 28, 1995 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against various property owners regarding their rental property for failure to schedule an annual inspection in compliance with Housing Maintenance Codes or to submit $100 in re-inspection fees. Establish Hearing Date for Revocation or Suspension of Rental Property License The Council established a hearing date of August 14, 1995 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Timothy J. Sylvester, regarding rental property at 628 39th Avenue. REGULAR COUNCIL MEETING JULYL 10, 1995 PAGE 2 Request to Serve Beer - Sullivan Park The Council approved the request of Carol Menken of Medtronic to serve 3.2 beer at the company picnic on Friday, August 18, 1995 from Noon to 5:00 p.m. at Sullivan Lake Park, such approval in conjunction with Park and Recreation Commission action of June 28, 1995. Accept Cash Donation The Council approved the acceptance of a donation of $200 from Elaine Dzubak Villafana and family of Columbia Heights with the money being deposited in the Police Department's Contribution Fund. Authorization to Seek Bids to Recoat Garage Floor at Municipal Service Center The Council authorized staff to seek bids to recoat the garage floor of the Municipal Service Center. (The Assistant City Engineer advised the floor in the Police Department garage may also be looked at). Authorization to Seek Bids for Sign Maker Equipment The Council authorized staff to seek bids for sign maker equipment. Authorization of Assistant Finance Director Attendance at OMB Circular A-87 Course on Au_~ust 3-4. 1995 The Council authorized the attendance of the Assistant Finance Director at OMB Circular A-87 Course on August 3-4, 1995 in Denver, Colorado and approved that related expenses be reimbursed from the Finance Department and HRA Department budgets. Approval of License Applications and Rental Property License Applications The Council approved the license applications as listed upon payment of proper fees and the rental property license applications as submitted by Lowell DeMars on the memorandum dated July 10, 1995. Paym~Dt of Bills The Council approved the payment of bills as listed out of proper funds. APPROVAL OF CONSENT AGENDA Motion by Petkoff, second by Peterson to approve the Consent Agenda as presented. Roll call: All ayes REGULAR COUNCIL MEETING JULY 10, 1995 PAGE 3 Se OPEN MIKE One property owner expressed his concerns on a variety of matters. PUBLIC HEARINGS/ORDINANCES/RESOLUTION~ a. Second Reading of Ordinance No. 1302. Sale of Property at 500 38th Avenue The purchaser of the property, Robert Barnick, advised the Council that his attorney had not received a copy of the purchase agreement in time to thoroughly review it. It was not received until late afternoon today. He noted there will be minor changes and corrections to the agreement. The City Manager reviewed the history of this purchase and understood there would be no substantive changes to the agreement. Motion by Ruettimann, second by Petkoff to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1302 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AUTHORIZATION TO CONVEY CERTAIN REAL ESTATE LOCATED AT 500 38TH AVENUE N.E. AND 3725 FIFTH STREET N.E. 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 and Robert Barnick in conjunction with the Metro Assemblies, Inc. Project, the real property described as follows, to wit: Ail of Lots 29, 30 and 31, except West 18.5 feet of Lot 31, Block 89, Columbia Heights, Anoka County, Minnesota; AND the West 18.5 feet of Lot 31, Block 89, Columbia Heights Annex to Minneapolis, City of Columbia Heights, Anoka County, Minnesota. Section 2: The Mayor and City Manager are herewith authorized to execute deeds to effectuate the conveyance of said real estate subject to the terms, purchase price, and conditions specified in the attached agreement labeled "Exhibit A." REGULAR couNcIL MEETING JULY 10, 1995 PAGE 4 Section 3: 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: June 26, 1995 July 10, 1995 July 10, 1995 Offered by: Seconded by: Roll call: Ruettimann Petkoff All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Motion by Ruettimann, second by Petkoff to approve the development agreement with Robert Barnick and Columbia Heights HRAregarding the sale and TIF Development Assistance for 500 38th Avenue Northeast and to authorize the Mayor and City Manager to enter into the same. Roll call: All ayes b. Second Reading of Ordinance No. 1304.Conveyance of Property at 4535 Taylor Street Northeast Motion by Peterson, second by Ruettimann to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes QRDINANCE NO. 1304 BEING ANORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 4535 TAYLOR STREET NORTHEAST The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Habitat for Humanity the real property described as follows, to wit: Lot 25 and the south one half of Lot 26, Block 7, Sheffield's 2nd Subdivision, Anoka County, Minnesota, PIN 25-30-24-33- 0122. Section 2: The Mayor and City Manager are herewith authorized to execute deeds to effectuate the conveyance of said real estate subject to the terms, purchase price, and conditions specified. REGULAR COUNCIL MEETING JULY 10, 1995 PAGE 5 Section 3: 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: June 26, 1995 July 10, 1995 July 10, 1995 Offered by: Seconded by: Roll call: Peterson Ruettimann All ayes Mayor Joseph Studevant Jo-Anne Student, Council Secretary Motion by Peterson, second by Ruettimann to approve the sale and development agreement relating to 4535 Taylor Street Northeast by and between the Twin Cities Habitat for Humanity for the sale of 4535 Taylor Street Northeast and to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes c. Second Readina of Ordinance No. 1301 Being an Ordinance Regarding Curfews Motion by Peterson, second by Jolly to waive the reading of the ordinance there being ample copies available for the public. Roll call: Ail ayes ORDINANCE NO. 1301 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CHAPTER 10, ARTICLE III, SECTION 3 OF THE COLUMBIA HEIGHTS CITY CODE IN ITS ENTIRETY, ENTITLED "CURFEW"ANDADOPTING A NEW CHAPTER10, ARTICLE III, SECTION 3. The City of Columbia Heights does ordain: Chapter 10, Article III, Section 3 of City Code of 1977, which currently reads as follows, to wit: CURFEW REGULAR COUNCIL MEETING JULY 10, 1995 PAGE 6 10.303(1) NO person under the age of 14 years shall be on or present in any public street, avenue, alley, or park or other public place in the City between the hours of 9:30 p.m. and 5:00 a.m. of the following day, unless accompanied by his or her parent or guardian, or person having lawful custody and control of his or her person, or unless there exists a reasonable necessity therefore. The fact that said child, unaccompanied by parents, guardian or other person having legal custody is found upon any street, alley or public place between 9:30 p.m. and 5:00 a.m. of the following day, shall be prima facia evidence that said child has violated the provisions of this section, and that no reasonable excuse exists therefore. 10.303(2) No person under the age of 18 years and over the age of 14 years shall be present on any street, avenue, alley, parks or other public place in the City between the hours of 12:00 midnight and 5:00 a.m. of the following day. The provisions of this section shall not apply to any such minor person who is accompanied by his or her parent, guardian or other adult person having the authorized care and custody of such minor person, or when such minor person is upon an emergency errand or legitimate business directed byhis or her parent, guardian or adult person having authorized care and custody of such minor person or is engaged in planned or organized youth activity under the direction of a school, church or community organization. The fact that said minor, unaccompanied by parent, guardian, or other person having legal custody, is found upon any street, alley or public place after 12:00 midnight or before 5:00 a.m. of the following day, shall be prima facia evidence that said minor is there unlawfully and that no reasonable excuse exists therefore. 10.303(3) No person under the age of 18 years and over the age of 14 years shall loiter, loaf, or idle on or about any public street, avenue, alley, park or other public place in the City between the hours of 9:30 p.m. and 5:00 a.m. of the following day. 10.303(4) Whenever the owner, operator, or person in charge or in control of any place of amusement, entertainment, refreshment, or other place of business shall find persons under the age of 18 years loitering, loafing, or idling in such place of business, such owner, operator or person in charge or in control shall immediately order such person to leave, and if such person refuses to leave the said place of business, the operator shall immediately notify the police department and inform them of the violation. REGULAR COUNCIL MEETING JULY 10, 1995 PAGE 7 No owner, operator or person required by this section to give such order or make such notification shall fail to take such action. No firm, person or corporation owning, operating or in charge of any place of amusement, entertainment or refreshment, or any other place of business shall permit any minor under the age of 18 years to loiter, loaf or idle in such a place during hours prohibited by this section. 10.303(5) No parent, guardian, or other person having the lawful care, custody or control of any person under the age of 18 years shall allow or permit such person to violate the provisions of this section. 10.303(6) For purposes of aiding in the enforcement of this section, a curfew bell or siren may be sounded at 9:30 p.m. is hereby amended to read as follows: 10.303(1) FINDINGS AND PURPOSE me In recent years, there has been a significant increase in juvenile victimization and crime. At the same time, the crimes committed by and against juveniles have become more violent. A significant percentage of juvenile crime occurs during curfew hours. e Because of their lack of maturity and experience, juveniles are particularly susceptible to becoming victims of older perpetrators. The younger the person is, the more likely he or she is to be a victim of crime. While parents have the primary responsibility to provide for the safety and welfare of juveniles, Columbia Heights also has a substantial interest in the safety and welfare of juveniles. Moreover, the City of Columbia Heights has an interest in preventing juvenile crime, promoting parental supervision, and providing for the well being of the general public. 0 An updated and enforceable curfew ordinance will reduce juvenile victimization and crime and will advance public safety, health, and general welfare. REGULAR COUNCIL MEEETING JULY 10, 1995 PAGE 8 10.303(2) DEFINITIONS "Juvenile" means a person under the age of eighteen (18). The term does not include persons under 18 who are married or have been legally emancipated. e "Parent" means birth parents, adopting parents, and step parents. "Guardian" means an adult appointed pursuant to Minnesota Statute 525.6155 or 525.6165 who has the powers and responsibilities of a parent as defined by Minnesota Statute 525.619. "Responsible adult" means a person over the age of eighteen (18) specifically authorized by law or by a parent or guardian to have custody and control over a juvenile. "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. "Emergency" means a circumstance or combination of circumstances requiring immediate action to prevent property damage, serious bodily injury, or loss of life. "Serious bodily injury" means bodily injury that creates a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of the function of any body part or organ. "Establishment" means any privately owned place of business to which the public is invited, including but not limited to, any place of amusement, entertainment, or refreshment. REGULAR COUNCIL MEETING JULY 10, 1995 PAGE 9 "Proprietor" means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation. 10.303(3) PROHIBITED ACTS It is unlawful for a juvenile under the age of 16 to be present in any public place or establishment within the City of Columbia Heights. any time between 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. on the following day. any time between 11:00 p.m. on any Friday or Saturday and 5:00 a.m. on the following day. It is unlawful for a juvenile, age 16 or 17 to be present in any public place or establishment within the City of Columbia Heights: any time between 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. the following day. any time between 12:01 a.m. and 5:00 a.m. on any Saturday or Sunday. It is unlawful for a parent or guardian of a juvenile knowingly, or through negligent supervision, to permit the juvenile to be in any public place or establishment within the City of Columbia Heights during the hours prohibited in paragraphs A and B of this section. 0 It is unlawful for a proprietor of an establishment within the City of Columbia Heights to knowingly permit a juvenile to remain in the establishment's property during the hours prohibited in paragraphs A and B of this section. If the proprietor is not present at the time of the curfew violation, the responding officers shall leave written notice of the violation with an employee of the establishment. A copy of the written notice shall be served upon the establishment's proprietor personally or by certified mail· REGULAR couNCIL MEETING JULYL 10, 1995 PAGE 10 10.303(4) DEFENSES It is an affirmative defense for a juvenile to prove that: the juvenile was accompanied by his or her parent, guardian, or other responsible adult. the juvenile was engaged in a lawful employment activity or was going to or returning from his or her place of employment. Ce the juvenile was involved in an emergency situation. the juvenile was going to, attending, or returning home from an official school, religious, or other recreational activity sponsored and/or supervised by a public entity or civic organization. the juvenile was on an errand at the direction of a parent or guardian. the juvenile was exercising First Amendment rights protected by the United States Constitution or Article I of the Constitution of the State of Minnesota. G. the juvenile was engaged in interstate travel. Ho the juvenile was on the public right of way boulevard or sidewalk abutting the property containing the ,ur.nile's residence or abutting a neighboring property, structure, or residence. e It is an affirmative defense for a proprietor of an establishment to prove that: the proprietor or employee reasonably and in good faith relied upon a ,ur.nile's representations of proof of age. Proof of age may be established pursuant to Minnesota Statute 340A.503, subd 6, or other verifiable means, including but not limited to, school identification cards and birth certificates. the proprietor or employee promptly notified the City of Columbia Heights Police Department that a juvenile was present on the premises of the establishment during curfew hours. REGULAR COUNCIL MEETING JULY 10, 1995 PAGE 11 10.303(5) PENALTY Violation of this ordinance is a misdemeanor. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll call: June 26, 1995 July 10, 1995 July 10, 1995 Petkoff Ruettimann Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary d. F~rst Readin~ of Ordinance No. 1303~ Beina an Ordinance Authorizing the Sale of Property at 4612 Taylor Street Northeast Motion by Peterson, second by Jolly to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1303 BEING ANORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE LOCATED AT 4612 TAYLOR STREET NORTHEAST The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto First Choice Homes the real property described as follows, to wit: Lot 12 and 13, Block 1, Sheffield's 2nd Subdivision, Anoka County, Minnesota. PIN 25-30-24-33-0008 Section 2: The Mayor and City Manager are herewith authorized to execute deeds to effectuate the conveyance of said real estate subject to the terms, purchase price, and conditions specified. Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: July 10, 1995 REGULAR COUNCIL MEETING JULY 10, 1995 PAGE 12 Motion by Peterson, second by Jolly to establish July 24, 1995 at approximately 7:00 p.m. as the second reading of Ordinance No. 1303 authorizing the sale of property at 4612 Taylor Street Northeast. Roll call: All ayes COMMUNICATIONS a. Plannina and Zoning Commission The minutes of the June 27, 1995 Special Meeting of the Planning and Zoning Commission were included in the agenda packet for informational purposes only. OLD BUSINESS a. Transport - Joint Powers Agreement Revision Motion by Petkoff, second by Jolly to table this matter until later in the meeting. Roll call: All ayes b. Authorize S.A.C.C.C. Joint Powers Agreement The City Attorney advised that participation in this Joint Powers Agreement will not obligate the City to funding it. Councilmember Ruettimann expressed his concern regarding future financial commitments associated with this agreement. Councilmember Jolly felt the Council should get some estimates of anticipated costs associated with S.A.C.C.C. so they can be considered during budget deliberations. Motion by Jolly, second by Ruettimann to approve the Joint Powers Agreement for Southern Anoka County Community Consortium (S.A.C.C.C.) and authorize the Mayor and City Manager to enter into the same. Roll call: Ail ayes c. Phone at Silver Lake Beach Councilmember Jolly inquired as to the progress in having a telephone installed at Silver Lake Beach. He was advised the request had been made for the installation to U.S. WEST some time ago and it may be completed by now. d. Fire Department Air Tanks Councilmember Jolly inquired if the newly-purchased air tanks are in service in the Fire Department yet. The City Manager responded there are still some things to be done before they are fully implemented. REGULAR couNcIL MEETING JULY 10, 1995 PAGE 13 e. New Employee Introductions Councilmember Jolly felt introducing newly-hired employees at City Council meetings was a good idea. He requested this practice continue. m NEW BUSINES~ aJ Police Weapon Sale and Purchas~ Motion by Peterson, second by Ruettimann to authorize the Columbia Heights Police Department to sell their existing fully automatic MP5 carbine to the Anoka County Sheriff's SWAT Unit and place received funds with presently available budgeted funds to the purchase of four semi-automatic MP5 carbines from Streicher Guns in Plymouth, Minnesota, for the purchase price of $990 each, totalling $3,960 and that the Mayor and City Manager are authorized to enter into an agreement for the same. Roll call: Ail ayes b. Agreement Between City of Columbia Heights and Columbia Park Medical Group Legal counsel for the Columbia Park Medical Group requested this matter be tabled until the July 24th Council Meeting. Motion by Peterson, second by Jolly to table consideration of the approval of the agreement between the City and the Columbia Park Medical Group for the operation and maintenance of the parking ramp at 4011 Van Buren Street Northeast. Roll call: All ayes c. Authorization to Amend Contract for Engineering Services Project #9505 Motion by Ruettimann, second by Jolly to amend the contract for Project #9505, emergency vehicle pre-emption with BRW, Inc. to include the addition of split phasing at the intersections of T.H. 65 at 40th Avenue and 49th Avenue and new signal construction at the intersection of Stinson Boulevard and 39th Avenue for a cost-not-to-exceed $18,921.26 and to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes REGULAR COUNCIL MEETING JULY 10, 1995 PAGE 14 10. d. 1995-96 Animal Contro~ Services Contract Motion by Petkoff, second by Peterson to authorize the Mayor and City Manager to enter into a contract with the Greater Anoka County Humane Society for animal control/impound services for the contractual period of August 1, 1995 to July 31, 1996 and that funding for the services be provided for by the Police Department Budget 101-42700-3050. Roll call: Ail ayes e. Award of Self-Powered Lawn Mower Bid Motion by Jolly, second by Peterson to award the bid for a new self-propelled, highdump turf sweeper to MTI Distributing the low, qualified, responsible bidder in the amount of $7,113.13 to be paid from the Capital Equipment Fund, and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: Ail ayes ADDITIQNAL QLD BUSINESS Joint Powers Agreement Revision - Anoka County Transport Motion by Petkoff, second by Peterson to remove this matter from the table. Roll call: Ail ayes Anoka County Sheriff Podany explained how the program will function. Only adults arrested on charges will be transported. transport criminal The County will provide the transport vehicle and pay the insurance. Participating cities and municipal entities will provide the personnel on a rotating basis for weekend coverage. The test program will cease in October of 1995. Revisions to the Joint Powers Agreement were briefly discussed. Motion by Ruettimann, second by Peterson to accept the newly- revised Joint Powers Agreement regarding Anoka County Contract $950153 to allow Columbia Heights police personnel to participate in a collaborative transport program, and to substitute the previously approved Joint Powers Agreement of May 30, 1995. Roll call: All ayes a. R~port of the City Manager REGULAR COUNCIL MEETING JULY 10, 1995 PAGE 15 The City Manager's report was submitted in written form and the following items were discussed: NEI Gym Rental: It was suggested that when the Council and staff holds a work session with representatives of NEI there be an invitation extended to School Board members to attend. Return of Public Works Director!City Engineer: Mark Winson will resume his position as Public Works Director/City Engineer on July 24, 1995. b. Report of the City Attorney The City Attorney had nothing to report at this time. ADJOURNMENT Motion by Petkoff, second by Ruettimann to adjourn the meeting at 8:35 p.m. Roll call: All ayes ~-A-nne Student, ~2Dxfncil /ayor~/joS eph Sturdevant Secretary