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