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