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HomeMy WebLinkAboutAugust 12, 1996OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 12, 1996 1. CALL TO ORDER/ROLL CALL Mayor Sturdevant called the Council Meeting to order at 7:00 p.m. Mayor Sturdevant and Councilmembers Jones, Jolly, Ruettimann and Peterson were present. 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO THE MEETING AGENDA Motion by Ruettimann, second by Jolly to remove item 10 from the consent agenda; that item being Council approval of the payment for emergency repair of the MT trackless. Roll call: All ayes 4. QQNSENT AGENDA Motion by Peterson, second by Ruettimann to approve the following items on the Consent Agenda: Approval of Council Minutes The Council approved the minutes of the July 22, 1996 Regular Council Meeting as presented. ~pecial Purpose Fence - Lauri/Jeff Javeso 4116 Ouincy Street The Council approved the request for a seven (7) foot high special purpose privacy fence as requested, provided the required property irons have been located, and the required permit is obtained prior to fence installation. Conditional Use Permit - Ashok Bedio 4022 Central Avenue The Council approved the conditional use permit to allow the operation of a 33 seat deli/restaurant in combination with grocery sales at 4022 Central Avenue, as both uses are in compliance with the Zoning Ordinance, provided approval is granted by the Anoka County Health Department, the Building and Fire Inspectors. NATOA Conference Request - Linda Maaee. September 8-11. 1996 The Council authorized the attendance of Linda Magee, Assistant to the City Manager, at the National Association of Telecommunications Officers and Advisors Conference to be held in Palm Beach, Florida, from September 8 - 11, 1996, and that all related expenses be reimbursed from Funds 225-49844-3105 and 225-49844-3320. REGULAR COUNCIL MEETING AUGUST 12, 1996 PAGE 2 APDrove Request to Serve 3.2 Beer at St. Matthew's Lutheran The Council approved the request of Charles Kewatt, St. Matthew's Lutheran Church, requesting permission to serve 3.2 beer at their picnic on Tuesday, August 20, 1996 from 6:00 p.m. to 10:00 p.m. at Sullivan Lake Park. Approve License APDlications The Council approved the license applications as listed upon payment of proper fees and the rental licenses as listed in the memorandum from Lowell DeMars dated August 12, 1996. Payment of Bills The Council approved the payment of bills as listed out of proper funds. ADDrove Permit Fee Waiver The Council waived the permit fee for "JJ's Lunch Wagon" to sell food and beverages during the City Auction on Saturday, September 28, 1996. Deny T~xic~b...Driver LiceNse The Council denied the license application of William Elmer Floyd for a taxicab driver license based on the findings of the Police Department. Roll call on Consent Agenda: Ail ayes ApDrove Payment for Emergency Repair on the MT Trackles~ Motion by Jolly, second by Peterson to approve the payment of $3,377 to Wagamon Brothers, Inc., for the repair of Unit #234, funding from 701-49950. Councilmember Ruettimann explained he will abstain from voting as he is employed by the firm which did the repair. Roll call: Jones, Jolly, Ruettimann - abstain Peters.n, Sturdevant - aye ~ECQGNITIQN. ~ROCLAMATIONS. PRESENT%TIONS. GUESTS There was no one present for this segment of the meeting. PUBLIC HF~INGS A. First Readin~ of Ordinance No. 1330 Being an Ordinance Pertaining to Zoning Amendments Councilmember Ruettimann read the ordinance in its entirety. REGULAR COUNCIL MEETING AUGUST 12, 1996 PAGE 3 This ordinance will amend the conditional use portion of the Retail Business Section in the zoning ordinance. ORDINANCE ~O, ~330 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977 AND PERTAINING TO ZONING AMENDMENTS The City of Columbia Heights does ordain: Section 1: Section 9.113(2)(k) of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: 9.113(2)(k) New auto and truck sales, used auto and truck sales in conjunction therewith, provided that the site involved therewith is a minimum of three (3) acres. is hereby amended to read as follows: 9.113(2)(k) Vehicles sales, not to exceed 2-tons, in conjunction with only automobile repair businesses which do not sell fuel, provided that the following requirements are met: 1) Parking area for car sales cannot eliminate required parking spaces for primary use. 2) No more than ten (10) vehicles can be displayed for sale at any one time. 3) Traffic flow on lot, lighting, parking lot striping must be approved through the Conditional Use Permit process before approval for such operation can be granted. 4) Size, type and style of any signage for such vehicle must be within the vehicle at all times and approved by staff. 5) Ail required state and local licenses must be obtained. Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: August 12, 1996 Motion by Peterson, second by Jones to schedule the second reading of Ordinance No. 1330 for August 26, 1996 at approximately 7:00 p.m. Roll call: All ayes REGULAR COUNCIL MEETING AUGUST 12, 1996 PAGE 4 b. Public Hearing - License Revocation/SuspensiQDo 3807 and 3817 Central Avenue Northeast - Jeffrey D. Bahe Motion by Peterson, second by Ruettimann to close the public hearing regarding the revocation or suspension of the rental license held by Jeffrey D. Babe regarding the rental property at 3807 Central Avenue and 3817 Central Avenue Northeast in that the property owner has complied with provisions of the Housing Maintenance Code. Roll call: All ayes c. Resolution No.96-54. Regarding License Revocation or Suspension. Bette Scott. 4518 Monroe Street During discussion of this property, neighbors advised that both of the units in this building are occupied. The occupants will have to vacate the property. The property is being lost due to foreclosure. The bank has no option to take action on the building for six months. Motion by Ruettimann, second by Peterson to waive the reading of the resolution. Roll call: All ayes RESOLUTION NO. 96-54 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL LICENSE HELD BY BETTE SCOTT, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4518 MONROE STREET, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON JULY 1, 1996 OF A PUBLIC HEARING TO BE HELD ON AUGUST 12, 1996. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: REGULAR COUNCIL MEETING AUGUST 12, 1996 Page 5 FINDINGS OF FACT 1. That on May 1, 1996, Lowell DeMars, Enforcement Officer, for the City of Columbia Heights, mailed re-licensing applications to Ms. Bette Scott, owner of the real property and incidental buildings located thereon at 4518 Monroe Street, within the City of Columbia Heights, Minnesota, and owned, according to the application for rental license on file for the above-described real property by Bette Scott. 2. That on one other occasion, re-licensing applications were mailed to Ms. Scott with which a verbal response was received in which she stated that she has lost the property to the mortgage company and would not be re-licensing. 3. That all parties, including the license holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 4518 Monroe Street is in violation of the provisions of the Columbia Heights City Code. 2. That all relevant parties and parties in interest have been duly served notice of this hearing and any other hearings relevant to the revocation or suspension of the license held by license holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCI~ 1. The rental license belonging to the license holder described herein and identified by license number 20162 is hereby revoked/suspended (cross out one); 2. The City shall post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by license holder; 3. Ail tenants shall remove themselves from the premises within 60 days from the first day of posting of this order revoking the license as held by license holder. REGULAR COUNCIL MEETING AUGUST 12, 1996 PAGE 6 Passed this 12th day of August, 1996. Offered by: Seconded by: Roll call: Jolly Jones Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary ITEMS FOR CONSIDERATION A. Other Resolutions/Ordinances 1. Resolution No. 96-52 Being a Lotsplit Resolution for 957 42nd Avenue. Estate of Andrew Fetzek Motion by Jones, second by Jolly to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 96 - 52 SUBDIVISION REQUEST CITY OF COLUMBIA HEIGHTS 590 - 40TH AVENUE N.E. COLUMBIA HEIGHTS, MN 55421 I, Robert Fetzek, for the Estate of Andrew Fetzek, hereby request a split of PIN 36 30 24 23 0055 Legally described as: The East 1/2 of Lot 34, Block 3, Reservoir Hills, Anoka County, Minnesota. Subject to easement to the City of Columbia Heights over North 30 feet 8/5/66 and subject to an easement over the South 5 feet for 42nd Avenue. THE DESCRIPTION HENCEFORTH TO BE: ae The north 165.00 feet of the East Half of Lot 34, Block 3, Reservoir Hills, Anoka County, Minnesota. Subject to an easement over the north 30.00 feet for 42 1/2 Avenue N.E. The East Half of Lot 34, Block 3, Reservoir Hills, Anoka County, Minnesota, except the north 165.00 feet thereof. Subject to an easement over the south 5.00 feet for 42nd Avenue N.E. REGULAR COUNCIL MEETING AUGUST 12, 1996 PAGE 7 Be it further resolved that special assessments of record in the office of the City of Columbia Heights as of this day, against the above described property, in the amount of $ -O-be divided. Paid. Any pending or future assessments will be levied according to the new split as approved this day. Any lot split given approval shall become invalid if the resolution, motion or other Council action approving the said lot split is not filed with the County Auditor within one (1) year of the date of the Council action. P & Z Dept. Action: Recommend approval This 6th day of August, 1996 Offered by: Peterson Seconded by: Fowler Roll call: Ail ayes Tina Goodroad (sig.) Zoning Officer City Council Action: Approved This 12th day of August, 1996 Offered by: Jones Seconded by: Peterson Roll call: All ayes Jo-Anne Student, Council Secretary FEE: $10.00 DATE PAID 7-11-96 Robert Fetzek, Executor for the estate of Andrew Fetzek Signature of Owner Rt. 2, Box 2590, Palisade, Mn. 56469 Owner's Address Phone # 788-4050/218-768-3945 Subscribed & Sworn to before me this 19th of August, 1996. Jean Carol Andres Notary Public Mayor Joseph Sturdevant RECEIPT NO. 34899 REGULAR COUNCIL MEETING AUGUST 12, 1996 PAGE 8 2. ~solution No. 96-51 Being a Resolution Designatina Election Judges for 1996 Primary/General Elections Motion by Peterson, second by Jones to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 96-51 BEING A RESOLUTION DESIGNATING ELECTION JUDGES FOR THE 1996 PRIMARY AND GENERAL ELECTIONS WHEREAS: There are scheduled elections in the City of Columbia Heights; and WHEREAS: Pursuant to City Charter, Section 30 and M.S.S. 204A, the Council shall appoint, at least twenty-five (25) days before election, qualified voters in each election district to be judges of election. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights does appoint the attached list of judges, by precinct, for the Primary Election to be held on September 10, 1996 and the General Election to be held on November 5, 1996, with an hourly remuneration of $9.50 for a head judge and $9.00 for an election judge. Passed this 12th day of August, 1996. Offered by: Seconded by: Roll call: Peterson Jones All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 3. Resolution No. 96-53 Being a Resolution Adopting Change in Loca~Qn of Precinct #5 The Finance Director previously submitted this polling place change in a motion format. This was an error as these types of changes require a resolution format. Motion by Peterson, second by Jones to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes REGULAR COUNCIL MEETING AUGUST 12, 1996 PAGE 9 RESOLUTION NO. 96-53 DESIGNATING ELECTION POLLING PLACES WHEREAS, the Columbia Height's City Council previously adopted Resolution No. 93-18 which established precinct boundaries for the City of Columbia Heights, and WHEREAS, it would be beneficial to change the polling place for Precinct #5 to a more centrally located site with easier access by voters. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, in compliance with the terms and provisions of Minnesota Statutes that the polling place for Precinct #5 be First Lutheran Church, located at 1555 40th Avenue Northeast in the City of Columbia Heights. Passed this 12th day of August, 1996. Offered by: Seconded by: Roll call: Jones Peterson All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary B. D~ Considerations 1. ~utbQrization for Braun Intertec to Conduct Road Rater Testing on Zone 2 City Streets Motion by Sturdevant, second by Peterson to authorize Braun Intertec Corporation, Inc. to conduct road rater testing on Zone 2 streets, excluding C.S.A.H. and M.S.A.S. for $895.00/mile plus mobilization; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes 2. Authorization to Seek Bids to Line Sanitary Sewer and Rehabilitate Manholes Along Silver Lake from Beach to Boat Motion by Ruettimann, second by Jones to authorize staff to seek bids to line the sanitary sewer pipe and manholes along Silver Lake from beach to boat landing. Roll call: All ayes REGULAR COUNCIL MEETING AUGUST 12, 1996 PAGE 10 3. Approval of Water Main Cleanin~ Service with H. E.R.C. Residents in the Innsbruck Parkway West and Innsbruck Parkway area have been experiencing "red water" and low pressure for a number of years. Measures were taken in 1991 with a line loop installation which provided a partial solution but some problems with tuberculation in the water main still need to be addressed. The Public Works Director explained the various methods available to solve the problems presently being experienced. Staff is recommending a new method called "pipe-klean" by H.E.R.C. which is less expensive than other methods and is far less inconvenient for residents. He showed members of the Council a section of water main removed from the area. H.E.R.C. prepared a proposal to clean 2,476 feet of 6" pipe for $44,403 or $17.93/foot. Staff did not solicit bids for this work as the process is proprietary. For comparison, replacement of the line including pavement repairs is $43/foot and mechanical cleaning with groutings $29/foot. A meeting for affected property owners is scheduled for August 15th. The installation of a temporary water system is being proposed. Installation of this system is scheduled for the week of August 19-23 and the water main cleaning would be done the week of August 26-29. Motion by Jolly, second by Jones to accept the proposal from H.E.R.C. of Phoenix, Arizona, for the cleaning of 2,476 feet of 6" water main and provision of a temporary water system for a cost not to exceed $57,500, and furthermore, funding to be from Fund 651-49449-5130. Roll call: All ayes 4. Reject Bids for 1996 Zone I Street Rehabilitation ~roject Staff is recommending that all bids be rejected as they exceed the available funding. Staff further recommends that the work for Zone I be bid with Zone 2 work next spring. The street crew would do remedial patching and repairs on Zone I streets this fall that were to be rehabilitated in order to get them through the winter. Motion by Ruettimann, second by Peterson to reject all bids submitted for the August 2nd bid opening for the 1996 Street Rehabilitation Zone I Project, as all bids exceeded the available funding. Roll call: All ayes REGULAR COUNCIL MEETING AUGUST 12, 1996 PAGE 11 5. Authorization to Seek Bid~ for Ambulance Motion by Peterson, second by Jones to authorize staff to seek bids for the purchase of a new Fire Department ambulance. Roll call: All ayes C. Other Business 1. Consideration of Verbal B~d for Demolition of 537 38th Avenue Northeast The City Manager recommended this item be tabled. He explained that the structure was recently destroyed by fire. The ownership of the structure and the land has reverted back to the Department of Housing and Urban Development (HUD). The process HUD had previously followed when a building needed to be demolished was to request the City to hire a contractor of its choice and pay for the work. Payment from HUD would be made immediately upon completion of the demolition. The City Manager has now been advised that the City would not be compensated for costs associated with demolition until the property is sold. To date, only one verbal bid has been received for demolition, that being in the amount of $4,645.00. Motion by Ruettimann, second by Peterson to table this matter for additional information until the August 26, 1996 Council meeting. Roll call: All ayes 2. Consideration of Lease of Water Tower Site for Communication Antenna Portions of the lease were reviewed. The lease is for a twenty year period with three, five year renewal rental periods. The first annual payment from the tenant is for $15,000 with an escalator for the ensuing years. The tenant would be required to give a 180 notice if they choose not to renew. Councilmember Ruettimann stated he feels this contract is not written in the best interests of the City. He has objections to the removal of the "dispute resolution" paragraph, the 180 day clause for the tenant to pull out of the lease and the twenty year duration of the agreement. He sees the lease as being completely controlled by the tenant and noted it was drafted by the tenant's legal counsel. REGULAR COUNCIL MEETING AUGUST 12, 1996 PAGE 12 Councilmember Peterson inquired how the installation of the antennas might affect the interior of the water tower and what plans have been put into place regarding site restoration after the antennas have been installed. The Public Works Director responded that the antennas will be attached to the exterior railings on the tower and should have no affect on the integrity of the tank. It was noted that the tenant will cooperate when there is maintenance needed on the water tower or painting is necessary. Also, the representative of the tenant advised there will be some trees and shrubs planted around the base of the water tower. Motion by Sturdevant, second by Jolly that the Mayor and City Manager enter into a contract for lease of the water tower with Sprint, noting the three corrections in the agreement from the last draft which change it to three additional five (5) year renewal periods; that the tenant shall pay annual rent in the amount of $15,000 for the initial lease year and that rent for subsequent lease years shall be increased by five (5) percent or an amount equal to the increase in the Consumer Price Index, whichever is greater. Roll call: Jones, Jolly Peterson, Sturdevant - aye Ruettimann - nay ADMINISTRATIVE REPORTS a. Report of the City Manager The City Manager reported there has been no commitment from Habitat for Humanity regarding extending the garage space on houses currently being built in Columbia Heights. Councilmember Jolly inquired if payments have been received from the City of Hilltop as agreed upon in the sewer contract. The Public Works Director advised Hilltop has been billed for the first installment. It is not known if payment has been received. Councilmember Jolly extended thanks to employees of the Public Works Department for their major storm clean-up work. He also inquired what the City's position is on tree problems being experienced between two neighbors. The City Attorney stated this is a dispute between private property owners. REGULAR COUNCIL MEETING AUGUST 12, 1996 PAGE 13 e 10. Councilmember Jolly inquired as to how procurement of easements for the 44th Avenue sidewalk project is progressing. The Public Works Director responded there are still four to be gotten and one house is for sale. Councilmember Jolly inquired if the Hillcrest properties have been purchased. He was advised this sale is complete. The Councilmember requested the "For Sale'sign be removed. b. Report of the City Attorney The City Attorney had nothing to report at this time. GENERAL COUNCIL COMMUNICATIONS Minutes were received from the following meetings: a) The August 5, 1996 Traffic Commission Meeting b) The August 6, 1996 Planning and Zoning Commission Meeting CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA Ms. Wyckoff, representing her mother whose home is located at 4261 Reservoir Boulevard, was at the Council Meeting to address the content of a letter received by her mother from the City. The letter advised Mrs. Wyckoff that a stump on her property must be removed. Ms. Wyckoff stated the stump has been on the property for ten years. Her family is law abiding and the stump will be removed. Her concern is with the tone of the letter which spelled out the fine and possible jail time if compliance is not met. She feels an apology and an explanation is due her mother. The Public Works Director advised that this form letter was part of a 150 letter mailing. He acknowledged this incident could have been handled with more diplomacy and respect. The tone of the letter is such as some property owners do not comply unless they receive a strongly worded warning. Members of the Council agreed that in this instance, the letter was offensive. Staff was directed to write a letter of apology to Mrs. Wyckoff. A resident of Fifth Street read to the Council definitions of certain words from a military dictionary. He also questioned a bill due the City from him. REGULAR COUNCIL MEETING AUGUST 12, 1996 PAGE 14 CONVENE TO EXECUTIVE SESSION Motion by Ruettimann, second by Peterson to convene to an Executive Session for purposes of discussion of labor contract negotiations and pending charge of discrimination, and to appoint Linda Magee, Assistant to the City Manager, as Recording Secretary for the Executive Session. Roll call: All ayes The meeting was convened at 8:40 p.m. 12. RECONVENE REGULAR COUNCIL MEETING Motion by Ruettimann, second by Jolly to reconvene the Regular Council Meeting at 9:50 p.m. Roll call: All ayes 13. Motion by Peterson, second by Jones to adjourn the Regular Council Meeting at 9:51 p.m. Roll call: All ayes oJ~-nne StUden--~ ~ yayoDF~6seph Sturdevant Council Secretary