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HomeMy WebLinkAboutJuly 22, 1996OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING JULY 22, 1996 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 ADDITIONS/DELETIONS TO MEETING A~ENDA The Mayor advised there were three additions to the Consent Agenda. They all were requests for street/alley closures to accommodate National Night Out functions. e CONSENT AGENDA Motion by Ruettimann, second by Peterson to approve the following items on the Consent Agenda: Approval of Council Minutes The Council approved the minutes of the July 8, 1996 Regular Council Meeting as presented. Establish Work Session Dates for August 1996 The Council established Monday, August 5, 1996 at 8:00 p.m. and Monday, August 19, 1996 at 7:00 p.m. as work session dates for August, 1996. Approve Special Purpose Fence for M. Niznik, 3911 Jackson Street. Case #9607-33 The Council approved the six (6) foot high special purpose privacy fence as requested for 3911 Jackson Street provided the required building permit is obtained, the front fence is lowered to 42 inches in total height within thirty days (August 8, 1996) and the landscaped area in front of the fence is maintained. APDrove Special Purpose Fence for J.Christianson~ 5045 Mulcare Drive. Case ~9607-35 The Council approved the seven foot high special purpose fence as requested for 5045 Mulcare Drive provided the required property irons have been located and the required building permit obtained prior to the fence installation. REGULAR COUNCIL MEETING JULY 22, 1996 PAGE 2 Approve Special Purpose Fence - J. Gregg. 3843 Main Street. Case #9607-36 The Council approved the six foot high special purpose privacy fence as requested for 3843 Main Street provided the required property irons are located and the required building permit is obtained prior to fence installation. Request for Street Closure on Auqust 6. 1996 on Gould Avenue Between Reservoir Boulevard and Peters Place The Council approved the request of Diane Egli, 1036 Gould Avenue and Pastor David Burgess from Community United Methodist Church, to block off Gould Avenue Northeast from Reservoir Boulevard to Peters Place for a block party from 6:00 p.m. to 8:30 p.m. on August 6, 1996 (National Night Out). Authorize Pa_vment to the League of Minnesota cities The Council authorized payment of $1,229 to the League of Minnesota Cities with monies to come from the cable budget, 225-49844-4300. Authorization to Enter into Animal Control Contract with the North Metro Humane Society The Council authorized the Mayor and City Manager to enter into a contract with the North Metro Humane Society for animal control/impound services for the contractural period of August 1, 1996 to July 31, 1997 with funding from the Animal Control Sevices fund 101-42700-3050. Request for Street Closure on AuGust 6. 1996 Cul-De-Sac off 41st Avenue/Central The Council approved the request of LaBelle Park II Condo Social Committee to block off the east end of 41st Avenue by the cul-de-sac and parking lot for a block party from 6:00 p.m. to 8:30 p.m. on August 6, 1996 (National Night Out). ApDrove License Applications The Council approved the license applications as listed upon payment of proper fees. Payment of Bills The Council authorized the payment of the bills as listed out of proper funds. Request for Street Closure - R. Graham. 625 47th Avenue The Council approved the request of Ruth Graham, 625 47th Avenue, to barricade the cul-de-sac only at the end of 47th Avenue, west from Monroe Street to the top of the hill for their annual block party/crime watch meeting from 6:00 to 9:00 p.m. o~August 6, 1996 (National Night Out). REGULAR COUNCIL MEETING JULY 22, 1996 PAGE 3 Request for Street Closure - Koester/Watson. 4309 4th Street The Council approved the request of Michelle Koester and Merle Watson, 4309 4th Street, to close 4th Street from 43rd to 44th Avenues on August 6, 1996 from 4:00 p.m. to 9:00 p.m. for a block party (National Night Out). Request for Street Closure - Rithmiller. 5159 UDiver$ity AveDue The Council approved the request of Lori Rithmiller, 5159 University Avenue, to close 52nd Avenue from 4th Street to 5th Street on August 6, 1996 from 6:00 p.m. to 9:00 p.m. for a block party (National Night Out). Roll call on Consent Agenda: Ail ayes RECOGNITION/PROCLAMATIONS!PRESENTATIONS/GUESTS Mayor Sturdevant read the proclamation designating August 6, 1996 as National Night Out in the City of Columbia Heights. He presented the proclamation to Police Chief Johnson. PUBLIC HEARINGS a. Public Hearing - Revocation/Suspension of a Licens~ ~0 Operate Rental Property at 45~8 Monroe Street - Berne Sco~t An extension has been requested for this property to come into compliance. The Council moved to re-establish a hearing date of August 12, 1996 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Bette Scott regarding her rental property at 4518 Monroe Street. b. Public ~earing - Second Reading of Ordinance No. 1~28 BeiDg an Ordinance Calling for the Abandonment of the City The Council was advised that the Charter Commission has requested the City Attorney to draft a letter responding to Councilmember Ruettimann's memo regarding the establishment of a Public Safety Director position. The Charter Commission felt creating this Position was the right and responsibility of the Council and the administration. Councilmember Ruettimann stated the purpose of his memo was to clarify if this can be done and how it can be done. He knew whose responsibility it was. REGULAR COUNCIL MEETING JULY 22, 1996 PAGE 4 Councilmember Jolly, who attended last week's Charter Commission meeting, indicated he no longer intends to pursue the matter of abandoning the Charter. He also noted the Charter Commission felt communication would be improved if there were a City liaison who attended the Commission's meetings. It was clarified that minutes of the Charter Commission meetings had been sent to members of the City Council on a regular basis. It was also noted that some scheduled meetings had not taken place as there was not a quorum. Various ways to indicate no continuing interest in this ordinance were discussed. The City Attorney recommended reconsideration would take the matter off the table and put some closure to it. 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. 1328 AN ORDINANCE OF THE CITY OF COLUMBIA HEIGHTS RELATING TO THE ABANDONMENT OF THE COLUMBIA HEIGHTS CITY CHARTER The City of Columbia Heights does ordain: Section 1: That the City Council of the City of Columbia Heights hereby proposes the abandonment of the Columbia Heights City Charter. Section 2: That the abandonment of the City Charter shall submit this proposed ordinance to the Charter Commission. Section 3: That the City Council shall submit this proposed ordinance to the Charter Commission. Section 4: That within sixty (60) days after submission by the Council, the Charter Commission shall review the proposed abandonment and shall approve or reject the proposal. Section 5: That upon prompt notification of the Charter Commission's action, the Council shall submit the proposed abandonment to the people in the manner as provided by Minnesota Statute 410.12, Subd. 4. Section 6: That the City will select and operate as an Optional Plan Statutory City if the charter abandonment is approved by the City electors. REGULAR COUNCIL MEETING JULY 22, 1996 PAGE 5 Section 7: That this ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: May 28, 1996 Motion by Sturdevant, second by Ruettimann to reconsider Ordinance No. 1328 being an ordinance calling for the abandonment of the City Charter. Roll call: All ayes ITEMS FOR CONSIDERATION A. Other Resolutions/Ordinances 1. Adoption of Resolution No. 96-50 Being a Resolution Ordering and Levying an Improvement This improvement was requested by property owners in the area. Motion by Ruettimann, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes R E S O L U T I 0 N NO. 96 - 50 Adopting assessment roll for the following local improvement and determining said improvement will be made and ratifying and confirming all other proceedings, heretofore had: Special Assessment for mid-block alley light numbered 677-Area 30 - Project #9607. WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 p.m. on the 22nd day of July, 1996, in the City Council Chambers, 590 - 40th Avenue N.E., Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvement above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the DroDosed amount of the assessment; and, WHEREAS, this Council has heretofore estimated the cost of such local improvement and has prepared an assessment roll therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: REGULAR COUNCIL MEETING JULY 22, 1996 PAGE 6 Section 1. That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Local Improvements" numbered 677-Area 30 - Project 9607 for mid-block alley lighting. Section 2. That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefited by such improvements. This Council further finds and determines that the proper proportion of the cost of such improvement to be especially assessed against each lot or parcel of land is the amount as billed annually by Northern States Power. Section 3. That the annual installment shall be paid in full without interest on or before September 15, 1997 (covering electric from date of placement through 1997), and in annual installments thereafter, as long as the mid-block light is in place. Failure to pay the annual installment renders the same delinquent and thereafter a 10% penalty is added and the said delinquent special assessment is certified to the County for collection with the real estate tax. Section 4. That this Council did hereby determine and redetermine to proceed with said improvement, does ratify and confirm all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafterbeknown and numbered 677-Area 30 for mid-block alley lighting. Section 5. This resolution shall take effect immediately upon its passage. Passed this 22nd day of July, 1996. Offered by: Seconded by: Roll call: Ruettimann Peterson Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary B. Bid Considerations 1. Authorization to Award Bid Refurbishment - 1977 Ford 9000 REGULAR COUNCIL MEETING JULY 22, 1996 PAGE 7 The City Attorney was requested for his opinion regarding not accepting the low bid for this refurbishment. He reviewed how the low bidder was not responsive to all of the stipulations in the bid documents relative to reliability, meeting availability and in being a full-time fire appartus manufacturer. Motion by Jones, second by Peterson to authorize staff to award the truck refurbishment project to General Safety Equipment of Wyoming, Minnesota, based upon their low, qualified, responsible bid in the amount of $91,565 plus applicable sales tax with funds to be appropriated from the 1996 capital equipment replacement fund; and furthermore, to authorize the Mayor and City Manager to enter into a contract for same. Roll call: All ayes 2. Authorization to Seek Bids for LaBelle Park East Erosion Motion by Jolly, second by Jones to authorize staff to seek bids for erosion control on the East Bank of LaBelle Park. Roll call: All ayes Motion by Jolly, second by Sturdevant to authorize staff to seek quotes to survey the property line along the East Bank of LaBelle Park. Roll call: All ayes 3. Award Bid for New High Capacity Mower Motion by Jolly, second by Peterson to award the purchase of a 1996 Toro Groundmaster 58-D mower to MTI, based on their low, responsible bid in the amount of $60,217.00 plus tax, being the base bid with trade-in and the cab option and with funds to be appropriated from Fund 431-45200-5150; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: Jones, Jolly, Ruettimann, Peterson - aye Sturdevant - nay C. Other Business 1. Leasing of Water Tower Site for Communication Antennas Copies of the site lease agreement were distributed at the meeting. It has been reviewed by the City Manager and the Public Works Director. Staff feels that the terminology in the most recent lease agreement protects the City's rights and privileges. REGULAR COUNCIL MEETING JULY 22, 1996 PAGE 8 Dave Fisher, from SBA who represents Sprint Spectrum, advised the Council of the efforts he made with Sprint to meet the requests of the City regarding annual rent, the escalator and the renewal terms. The City Manager mentioned that one sticking point in the lease agreement was terms of the renewal. He also noted that the lease allows for the tenant (Sprint) to exit the lease but does not allow the same option for the City. Mr. Fisher stated that the whole project is part of an integral system and that each site owner needs to stay for an extended period of time to maintain high standards of service to Sprint's customers. Councilmember Jones inquired where Spectrum has other sites. Mr. Fisher responded that the site in Champlin is completed and is located on the water tower. The cities of Medina and Prior Lake are near completion and the cities of Plymouth, Bloomington and St. Paul are being approached about using some buildings as sites. Also, several sites in Wisconsin are being considered. Councilmember Jolly inquired what measures have been taken to address possible power failures. Sprint has its own power source and own power meter. If there are any sounds emitting from the site these can be resolved. It is the hope of the company to start installation as soon as possible and have the system up and running by February, 1997. Councilmember Ruettimann advised that members of the Council had only received a copy of the latest site lease agreement at tonight's meeting. He felt it would be very premature to make any decisions on the lease tonight. Councilmember Ruettimann observed that there are three competitors who will be pursuing sites. A total of 1,800 sites are needed for a system. It was advised that Sprint only needs 200 sites. Councilmember Ruettimann also noted that this Council is being requested to commit councils twenty-five years in the future. He stated there are competitors of Sprint which would not necessitate adding antennas to the water tower and do not require long lease terms. He also noticed there was no mention in the site lease agreement of a bond and no promises to remove equipment if the company ceased operations. REGULAR COUNCIL MEETING JULY 22, 1996 PAGE 9 Other members of the Council stated they were not comfortable with approving the lease agreement in that it had only been received. Many of their concerns were with the length of the terms of the lease. The City Attorney has reviewed the most recently proposed lease agreement and feels it protects the City. He also noted the City of Champlin has negotiated a lease for less than twenty-five years and for less money. Motion by Sturdevant, second by Ruettimann to table this item until the August 12, 1996 City Council Meeting. Roll call: All ayes 8. ADMINISTRATIVE REPORTS a. Report of the City Manager 1. Weekly "Green Sheet": The City Manager advised he will be sending members of the City Council a general information newsletter on a weekly basis. The monthly department reports submitted by division heads will continue on a quarterly basis if this meets with the approval of the Council. The City Manager feels weekly information will better serve members of the Council in keeping current with what is happening in and around the City. 2. Property for Sale: On July 23rd, Anoka County will be requesting bids for the sale of abandoned properties, one of which is located at 4150 Central Avenue. Commissioner Kordiak has been contacted regarding this property and the concerns held by the City about its future. The City Manager requested direction on this buiilding and the potential for its sale. Councilmember Ruettimann suggested the sale be made subject to passing an environmental impact report. Another option mentioned by Councilmember Ruettimann was to make the sale subject to the clean-up of any asbestos problems on the property or in the building. The City Manager will advise Commissioner Kordiak of the Council's direction. He had also asked if the Commissioner could remove this property from the list after bid requests have been published. The Commissioner will follow up on this inquiry. REGULAR COUNCIL MEETING JULY 22, 1996 PAGE 10 3. Habitat for Humanity Properties/Garages: Councilmember Jones expressed her concern with the size of the garage built at the recently-constructed Habitat for Humanity house. Her observation is that it is too small to accommodate the normal functions associated with garages. She measured the garage and it meets the standards of the ordinance, those being 12 feet by 20 feet. The builder of the garage is being contacted by the developer for Habitat for Humanity to request consideration for expanding the forms for the garages on the remaining houses. Councilmember Jones requested that the developer and the contractor for Habitat for Humanity attend a future Council work session. The Public Works Director noted that the City Council has review rights. Councilmember Jones also inquired if siding can be ordered by the property owners of these newly-constructed homes for any additions to the homes which made by made in the future. The City Manager will contact the contractor with this question. Noting that the measurements of this particular garage meet ordinance requirements, Councilmember Peterson questioned whether the ordinance should be amended to increase the size. 4. Executive Session Issue: The City Manager advised there has been an agreement reached relative to the issue discussed at the most recent Executive Session. It will be further discussed. b. Report of the City Attorney The City Attorney addressed the matter of the garage sizes being built with Habitat for Humanity houses. He noted that City approval must be given of the plans and specifications for these houses before the permits are issued. He suggested staff be contacted regarding this matter. He recommended that the standards for single car garages be reviewed. He also recalled that the property was sold to Habitat for Humanity for $1.00 and other considerations. He felt garage size could be one of those other considerations which can be made by the Council. e GENERAL COUNCIL COMMUNICATIONS Minutes from the following meetings were agenda packet: included in the REGULAR COUNCIL MEETING JULY 22, 1996 PAGE 11 June 26, 1996 Charter Commission Meeting June 26, 1996 Park and Recreation Commission Meeting July 2, 1996 Library Board of Trustees Meeting July 9, 1996 Planning and Zoning Commission Meeting June 25, 1996 and July 9, 1996 Economic Development Authority Meetings 10. CITIZEN FORUM TO ADDRESS THE COUNCIL ON ~TTERS NOT ON AGENDA Two residents of Labelle Condos, representing the LaBelle Social Committee, had attended the Council Meeting to discuss their request for street closure to accommodate a National Night Out block party. This issue was addressed on the Consent Agenda and received no discussion. The residents indicated their interest in having stayed for the entire Council Meeting. 11. ADJOURNMENT Motion by Ruettimann, second by Peterson to adjourn meeting at 9:05 p.m. Roll call: All ayes a~or/J6~-ph s%~rdevant -Anne Student, co~cil Secretary the