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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