HomeMy WebLinkAboutJune 26, 1995OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
JUNE 26, 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
CONSENT AGENDA
The following items were approved on the Consent Agenda:
Minutes for Approval
The Council approved the minutes of the June 12, 1995 Regular
Council Meeting as presented.
Establish Work Session Dates
The Council established July 11, 1995 at 8:00 p.m. and July
17, 1995 at 7:00 p.m. as work session dates and times.
Acknowledge Receipt of Alley Paving Petition/Establish P~blic
Hearing Date
The Council acknowledged receipt of an alley paving petition
from Mark Miernicki, 3710 Quincy Street Northeast and
established a public hearing date of Monday, July 24, 1995 at
approximately 7:00 p.m.
Closing of 46th Avenue for Soap Box Derby
The Council authorized the closing of 46th Avenue between
Johnson Street and Pierce Street from 6:00 a.m. to 8:00 p.m.
for the 1995 Minnesota State Soap Box Derby to be held on
Saturday, July 8, 1995 with a rain date of Sunday, July 9,
1995.
Fina~ Payment to HNTB for Engineering Services
The Council authorized final payment in the amount of $110.00
for engineering services to Howard Needles Tam]men and
Bergendoff, Inc. of Minneapolis, Mn.
Authorize Staff to Seek Bids to Modify Pond at Silver Lake
Park
The Council authorized staff to seek bids to modify the pond
at Silver Lake Park, Project #9316.
REGULAR COUNCIL MEETING
JUNE 26, 1995
PAGE 2
e
Request for One Time Gamblinq by Hiawatha Activities Council
The Council directed the City Manager to forward a letter to
the State Charitable Gambling Control Board indicating that
the City of Columbia Heights has no objection to the one time
bingo event to be conducted by the Hiawatha Activities
Council, Inc. at the Church of Immaculate Conception, 4030
Jackson Street Northeast, Columbia Heights on August 12 and
13, 1995 and that the City Council waives the remainder of the
thirty day notice to the local governing body.
Pa~vment of Bills
The Council authorized the paymeDt of the bills out of the
proper funds.
APPROVAL OF CONSENT AGENDA
Motion by Jolly, second by Ruettimann to approve the Consent
Agenda as presented. Roll call: All ayes
Q~EN MIKE/PROCLAMATIONS/PRESENTATIONS
Proclamatio~
Mayor Sturdevant read a proclamation designating July as
Recreation and Parks Month in the City of Columbia Heights.
A resident had concerns regarding a number of matters, among
them were holes and parking.
Jeff Siegfried, who had previously received Council approval
to hold a Soap Box Derby on July 8th in Columbia Heights, was
in attendance to respond to any questions the Council may have
regarding that event. He advised that no objections nor
concerns have been received from owners of property located on
the race route. He will supply protective fencing along the
route. The City has been included on the insurance coverage
and a copy of the policy should be received in City Hall by
June 28th.
PUBLIC HEARINGS/ORDINANCES/RESOLUTIONS
a. First Reading of Ordinance No. 1302~ Beinq an Ordinance
Authorizing the Sale of 500 38th Avenue Northeast
Motion by Petkoff, second by Peterson to waive the reading of
the ordinance there being ample copies available for the
public. Roll call: Ail ayes
REGULAR COUNCIL MEETING
JUNE 26, 1995
PAGE 3
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 ~ith 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."
Section 3:
This ordinance shall be in full force and
effect from and after thirty (30) days after
its passage.
First Reading: June 26, 1995
Motion by Petkoff, second by Peterson to establish the Second
Reading of Ordinance No. 1302 for Monday, July 10, 1995 at
approximately 7:00 p.m. Roll call: All ayes
b. First Readina of Ordinance No. 1304 Beina an Ordinance
Authorizinu Sale of 4535 Taylor Street
Motion by Peterson, second by Petkoff to waive the reading of
the ordinance there being ample copies available for the
public. Roll call: Ail ayes
REGULAR COUNCIL MEETING
JUNE 26, 1995
PAGE 4
ORDINANCE 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'~ 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.
Section 3:
This ordinance shall be in full force and
effect from and after thirty (30) days after
its passage.
First Reading: June 26, 1995
Motion by Petkoff, second by Peterson to establish the second
reading of Ordinance No. 1304 for July 10, 1995 at
approximately 7:00 p.m. Roll call: Ail ayes
c. First Reading of Ordinance No. 1301 Being an Ordinance
Regarding Curfews
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. 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 CHAPTER 10,
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:
REGULAR COUNCIL MEETING
JUNE 26, 1995
PAGE 5
CURFEW
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 by his 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
JUNE 26, 1995
PAGE 6
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
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.
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.
An updated and enforceable curfew ordinance will reduce
juvenile victimization and crime and will advance public
safety, health, and general welfare.
REGULAR COUNCIL MEETING
JUNE 26, 1995
PAGE 7
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.
"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.
Se
"Emergency" means a circumstance or combination of
circumstances requiring immediate action to prevent
property damage, serious bodily injury, or loss of life.
e
"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.
"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 establishmenet within the
City of Columbia Heights.
REGULAR COUNCIL MEETING
JUNE 26, 1995
PAGE 8
Be
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:
ae
any time between 11:00 p.m. on any Sunday, Monday,
Tuesday, Wednesday, or Thursday and 5:00 a.m. the
following day.
BJ
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.
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.
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.
REGULAR COUNCIL MEETING
JUNE 25, 1995
PAGE 9
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.
Do
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.
Ee
the juvenile was on an errand at the direction of a
parent or guardian.
Fe
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.
He
the juvenile was on the public right of way
boulevard or sidewalk abutting the property
containing the juvenile's residence or abutting a
neighboring property, structure, or residence.
It is an affirmative defense for a proprietor of an
establishment to prove that:
ae
the proprietor or employee reasonably and in good
faith relied upon a juvenile'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.
10.303(5) PENALTY
Violation of this ordinance is a misdemeanor.
First Reading: June 26, 1995
REGULAR COUNCIL MEETING
JUNE 26, 1995
PAGE 10
Motion by Ruettimann, second by Peterson to establish the
second reading of Ordinance No. 1301 for Monday, July 10, 1995
at approximately 7:00 p.m. Roll call: All ayes
d. Resolution No. 95-31 Beina a Resolution Authorizina
Application for MHFA Rehabilitation Loan Pro,ram Funds
Motion by Ruettimann, second byPeterson to waive the reading
of the resolution there being ample copies available for the
public. Roll call: Ail ayes
RESOLUTION NO. 95-31
RESOLUTION AUTHORIZING APPLICATION FOR MHFA REHABILITATION
LOAN PROGRAM FUNDS
WHEREAS, the Minnesota Housing Finance Agency, State of
Minnesota, has been authorized to undertake a program to
provide loans to property owners for the purpose of housing
rehabilitation; and
WHEREAS, the Housing and Redevelopment Authority of Columbia
Heights, Minnesota, has developed an application as an
Administering Entity for the Minnesota Housing Finance Agency
Rehabilitation Loan Programs; and
WHEREAS, the Housing and Redevelopment Authority has
demonstrated the ability to performthe required activities of
the Minnesota Housing Finance Agency Rehabilitation Loan
Programs;
NOW, THEREFORE, BE IT RESOLVED, that the Housing and
Redevelopment Authority of Columbia Heights, Minnesota is
hereby authorized as an entity to be charged with the
administration of funds made available through the Minnesota
Housing Finance Agency Rehabilitation Loan Programs, in the
City of Columbia Heights, Minnesota.
Offered by:
Seconded by:
Roll call:
Ruettimann
Peterson
All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
REGULAR CouNCIL MEETING
JUNE 26, 1995
PAGE 11
e. Resolution No. 95-32 Beina a Resolution Establishina City
Manaaer's Wa~es and Compensation
Motion by Peterson, second by Petkoff to waive the reading of
the resolution there being ample copies available for the
public. Roll call: All ayes
RESOLUTION NO. 95-32
RESOLUTION ESTABLISHING CITY MANAGER'S
WAGES AND COMPENSATION
WHEREAS, Patrick Hentges was appointed to the position of City
Manager pursuant to the terms and conditions of Resolution No.
93-11; and
WHEREAS, the performance of the City Manager was evaluated and
determined to be satisfactory; and
WHEREAS, Resolution No. 93-11 provided that, subject to a
satisfactory review, the City Council may adjust the base
salary of the City Manager, plus may grant performance merit
pay.
NOW, THEREFORE, BE IT RESOLVED:
That the City Manager shall be compensated at an annual
rate of $77,000 retroactive to January 1, 1995 and the
car allowance shall be $250.00 per month.
The City Manager shall continue to earn vacation,
holidays, sick leave, and deferred compensation, together
with medical insurance payment at the rate for all other
non-union essential and confidential employees.
Passed this 26th day of June, 1995.
Offered by:
Seconded by:
Roll call:
Peterson
Petkoff
All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
REGULAR COUNCIL MEETING
JUNE 26, 1995
PAGE 12
COMMUNICATIONS
a. Appeal of Rezonina Request Denial - John Wille. 4801-4807
University Avenue. Case ~9506-19
The Planning and Zoning Commission denied the request of Mr.
Wille to rezone two parcels at 4801 and 4807 University
Avenue.
This rezoning was being requested to expand a building on
these parcels to accommodate the businesses located in it.
They need additional space to conduct their operations and
both have been long time tenants. If expansion is not allowed
it is unlikely that their leases will be renewed by them.
Members of the Planning and Zoning Commission denied the
request based on it being "spot zoning" and this would not be
acceptable for an area adjacent to a residential district.
Also, the lots would not meet required setback and parking
requirements.
Motion by Jolly, second by Ruettimann to deny the appeal of
the rezoning request for John Wille at 4801 - 4807 University
Avenue. Roll call: Jolly, Ruettimann, Peterson, Sturdevant -
aye Petkoff - nay
Councilmember Petkoff inquired what recourse this property
owner has to retain his tenants. She recalled how the City
Council has indicated its interest in assisting businesses in
the City and encouraging new businesses to locate here.
The City Manager responded that staff will review the
ordinances regarding non-conforming properties. Councilmember
Ruettimann suggested another option whereby the businesses in
this particualr'building could be relocated in the City and
staff would assist in finding new tenants for the Wille
building.
b. Withdrawal of Joint Powers Aareement/Cable Television
Franchise with Hilltop
Motion by Ruettimann, second by Peterson to concur with the
City of Hilltop's decision to terminate the Joint Powers
Agreement between the City of Columbia Heights and Hilltop for
the administration of the cable television franchise and to
direct staff to take steps necessary to ensure appropriate
dissolution of the joint administration of the franchise. Roll
call: All ayes
REGULAR COUNCIL MEETING
JUNE 26, 1995
PAGE 13
OTHER OLD BUSINESS
Operation of Police Departmen%
MayOr Sturdevant commended the Acting Police Chief for how the
Department has functioned in the absence of a Police Chief.
b. Anoka County CID Meeting
The Acting Police Chief attended a meeting of the Criminal
Investigation Department of Anoka County recently. He advised
that at that meeting funding was allocated to the Sheriff's
Department for a drug sniffing dog.
NEW BUSINESS
a. Award of 1995 Miscellaneous Concrete Repairs Project
~9500
Motion by Jolly, second by Petkoff to award the 1995
miscellaneous concrete repairs and installations, Municipal
Project #9500, to Gunderson Brothers Cememt Contractors, Inc.
of Minneapolis, Mn., based upon their low, qualified,
responsible bid in the amount of $19,481.30 with funds to be
appropriated from Fund 401-59400-4000, and furthermore, to
authorize the Mayor and City Manager to enter into a contract
for the same. Roll call: All ayes
It was noted that individual property owners may purchase off
this contract.
10.
Report of the City Manager
The City Manager's report was submitted in written form and
the following items were discussed:
1995 Legislative Session Summaries$ The League of Minnesota
Cities and the Association of Metropolitan Municipalities
provided their member cities with summaries of what transpired
during the last legislative session.
MnDOT Response Regarding Fence on Central Avenue: The response
from MnDOT did not indicated any support for removing or
replacing the fence on Central Avenue in the area of 49th
Avenue.
REGULAR COUNCIL MEETING
JUNE 26, 1995
PAGE 14
Staff will meet with MnDOT representatives on June 27th to
further discuss this issue. It was noted that the problems
being experienced in this area such as debris, ditch mowing,
sand, and litter are also present on University Avenue. It was
felt the City deserved better maintenance of areas which are
the State's responsibility yet pass through the entire City.
0
Report of the City Attorney
The City Attorney had nothing to report at this time.
Comments received regarding the fireworks display on June 24th
were very positive. It was felt that the finale could have
been more definitive.
Motion by Peterson, second by Petkoff to adjourn the meeting
at 8:15 p.m. Roll call: All ayes
-Anne student,' ~ncil
yor ~oS6ph Sturdevant
Secretary