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