HomeMy WebLinkAboutFebruary 9, 1998OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
FEBRUARY 9, 1998
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CALL TO ORDER/ROLL CALL
The Council Meeting was called to order by Mayor Sturdevant at
7:00 p.m.
Mayor Sturdevant and Councilmembers Szurek, Jolly, Ruettimann
and Peterson were present.
PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS TO THE MEETING AGENDA
There were no additions nor deletions to the agenda.
CONSENT AGENDA
(Items on the Consent Agenda are considered to be routine by
the City Council and are enacted upon by one motion. Items
removed from the Consent Agenda are taken up as the next order
of business).
A. Adoption of the Consent Aqenda:
Motion by Peterson, second by Szurek to approve the Consent
Agenda items as follows:
Approval of Council Meetinq Minutes
The Council approved the minutes of the January 26, 1998
Regular Council Meeting and the January 27, 1998 Public
Improvement Hearing.
Inspection Department Staffinq
The Council approved the posting of a temporary part-time
contract inspector position and the hiring of a person to fill
the position and reimbursement of overtime funds to the Fire
Department for any overtime inccurred while conducting new
construction duties. Total cost not to exceed $25,000.
Establish Hearinq Dates for License Revocations, Rental
Properties
The Council established a hearing date of March 23, 1998 for
revocation or suspension of a license to operate property
within the City of Columbia Heights against the following
properties/property owners: Billy Teat, 1081-83 Polk Circle;
Mariella Corbett, 4601-13 Taylor Street; and James Egge, 943
42nd Avenue.
REGULAR COUNCIL MEETING
FEBRUARY 9, 1998
PAGE 2
Establish Hearinq Dates for License Revocations, Rental
Properties
The Council established a hearing date of February 23, 1998
for revocation or suspension of a license to operate within
the City of Columbia Heights against the following
properties/property owners: Carol Topel, 4131 Washington
Street and Lisa Kelly, 5031 Jefferson Street.
City Newsletter Printing Quotations for 1998
The Council approved the low quotation of Nystrom's Publishing
in the amount of $3,479.36 for a twenty page newsletter or
$3,929.00 for a twenty-four page newsletter, plus $1,145.36
for postage on 10,047 pieces, with funds being appropriated
from Fund 101-45040-3440 and also authorized the Mayor and
City Manager to enter into an agreement for the same.
Seek Authorization to Purchase 1,563 T-Shirts and 351 Baseball
Caps From Ail Service Printinq
The Council authorized staff to purchase t-shirts and baseball
caps from All Service Screen Printing at a cost of $7,525.15.
Authorization to Accept Lease Aqreement With NEI
The Council authorized staff to accept City of Columbia
Heights/NEI College of Technology lease agreement from
September 1, 1997 through May 31, 1999 upon terms stated in
lease.
Authorize Payment of Dues for 1998 Membership in North Metro
Mayors Association
The Council approved payment of the 1998 dues in the amount of
$9,233.00 for membership in the North Metro Mayors
Association.
Disposal of City Bus
The Council directed staff to dispose of the City bus and
research replacing the bus, giving consideration to operating
and maintenance costs and City liability in continuing this
service.
Replacement of Xerox Enqineer Plan Copier
The Council authorized staff to seek bids for a Xerox 303 or
equivalent (Option 3).
Replacement of Snow Plow for Dump Truck #19
The Council authorized the purchase of one new Henke one way
fixed angle plow in the amount of $4,225 plus tax and freight
from Fund 431-43121-5180.
REGULAR COUNCIL MEETING
FEBRUARY 9, 1998
PAGE 3
Final Payment for Jackson Pond Slope Restoration
The Council accepted the work for Jackson Pond slope
restoration, Municipal Project #9739 and authorized final
payment of $10,902.00 to Sunram Construction, Inc. of
Corcoran, Minnesota.
Resolution No. 98-27 Approval of Special Permit/Conditional
Use Permit to Erect PCS Antenna
The Council waived the reading of the resolution there being
ample copies available for the public.
RESOLUTION NO. 98-27
BEING A RESOLUTION OF THE COLUMBIA HEIGHTS CITY COUNCIL
APPROVING A SPECIAL PERMIT TO ALLOW CONSTRUCTION OF A PCS
ANTENNA AT 3989 CENTRAL AVENUE NORTHEAST
WHEREAS, U.S. WEST has applied for approval of a conditional
use permit to install a personal communications system (PCS)
antenna on the roof of 3989 Central Avenue Northeast, and
WHEREAS, Section 9.116(t6) (a) of the Zoning Ordinance states
"heights in excess of those allowed under this section shall
be permitted only by a special permit granted by resolution of
the Council determining that such structure would not be
dangerous and would not adversely affect the adjoining or
adjacent property," and
WHEREAS, the Central Business District (CBC) does not specify
a height limitation, but requires public utility structures to
be approved by a conditional use permit,
NOW, THEREFORE, BE IT RESOLVED by the Columbia Heights City
Council that it hereby determines the proposed antenna array
as submitted by U.S. WEST would not be dangerous or adversely
affect the adjoining properties, thus the special permit to
allow installation of the PCS antenna at 3989 Central Avenue
Northeast as proposed is hereby approved, and
BE IT FURTHER RESOLVED that the conditional use permit is
approved subject to the following conditions:
1) Submission and
specifications, and
approval of engineered plans and
2) Issuance of a building permit and required contractor
license(s).
REGULAR COUNCIL MEETING
FEBRUARY 9, 1998
PAGE 4
Offered by:
Seconded by:
Roll call:
Peterson
Szurek
All ayes
Passed this 9th day of February, 1998
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
Approve a CUP to Allow the Operation of a Temporary "Mini-
Garden Center"
The Council approved the conditional use permit for the
operation of a temporary greenhouse/retail sales in the
easterly portion of the parking lot at 4300 Central Avenue
from April 15, 1998 through July 7, 1998 provided a deposit of
$500 is submitted to the License/Permit Clerk prior to the
installation of the structure on the site.
Revocation of Rental License, 228 40th Avenue, R. Mikulak
The Council closed the public hearing for the rental property
at 228 40th Avenue owned by Robert Mikulak in that the owner
has met the provisions of the Housing Maintenance Code.
Payment of the Bills
The Council approved the payment of the bills as listed out of
proper funds.
Approval of License Applications
The Council approved the license applications as listed and
the rental property license applications as indicated in the
February 9, 1998 memo from the Fire Chief.
Roll call on Consent Agenda: Ail ayes
5. RECOGNITION, PROCLAMATIONS, PRESENTATIONS AND GUESTS
None
6. PUBLIC HEARINGS
A. Resolution No. 98-03 Beinq a Resolution Orderinq and
LevTinq an Improvement
This improvement is for one alley mid-block light between
University Avenue Service Drive to 4th Street from 52nd Avenue
to 53rd Avenue.
REGULAR COUNCIL MEETING
FEBRUARY 9, 1998
PAGE 5
The City Manager reviewed the two lights which had been
discussed at a previous Council Meeting. The property owner at
5228 Fourth Street had requested additional information. He
stated he had received different information from NSP than the
City had given out. This property owner did not want the
light. He also stated he had not been approached by the
circulator of the petition to sign it.
It was noted that this light was the result of a petition
received from property owners in the area. It was stated by
the City Attorney that the light will benefit the whole area
in that it will provide a measure of safety.
Motion by Jolly, second by Peterson to waive the reading of
the resolution there being ample copies available for the
public. Roll call: All ayes
RESOLUTION NO. 98-03
Adopting assessment roll for the following local improvement
and determining said improvement will be made and ratifying
and confirming all other proceeedings, heretofore had: Special
Assessment for mid-block alley light, to be placed on the
existing pole between 5241 and 5257 University Service Drive,
numbered 677-Area 33-Project #9742.
WHEREAS, the City Council of the City of Columbia Heights,
Minnesota, met at 7:00 p.m. on the 12th day of January, and
the 9th day of February, 1998 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
proposed 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:
Section 1:
That this Council does hereby adopt the
aforesaid assessment roll known and described
as "Assessment Roll for Local Improvements"
numbered 677-Area 33-Project 9742 for mid-
block alley lighting.
REGULAR COUNCIL MEETING
FEBRUARY 9, 1998
PAGE 6
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 benefitted 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, 1998 (covering electric from date of
placement through 1998), 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 hereafter be known
and numbered 677-Area 33 for mid-block alley
lighting.
Section 5:
This resolution shall take effect immediately
upon it passage.
Passed this 9th day of February, 1998.
Offered by:
Seconded by:
Roll call:
Jolly
Peterson
Ail ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
B. Resolution No. 98-24 Acceptinq a Local Law Enforcement
Equipment Block Grant and Establishinq a Public Hearinq
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
REGULAR COUNCIL MEETING
FEBRUARY 9, 1998
PAGE 7
RESOLUTION NO. 98-24
BEING A RESOLUTION TO ACCEPT LOCAL LAW ENFORCEMENT EQUIPMENT
BLOCK GRANT AND APPROPRIATE MATCHING FUNDS
WHEREAS, the City of Columbia Heights Police Department has
been granted $21,986 in an equipment block grant from the U.S.
Department of Justice for the purpose of funding equipment,
and
WHEREAS, a condition of the grant is that the City provide
$2,443 in local match for this grant, and
WHEREAS, the City of Columbia Heights Police Department has
provided the U.S. Department of Justice a proposal for
implementation of funding for this grant,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Columbia Heights that:
The City of Columbia Heights enter into a cooperative
agreement with the U.S. Department of Justice for the
project entitled "Local Law Enforcement Equipment Block
Grant Program" for the period January 1998 to October
1999.
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That $2,443 be appropriated from unexpended funds in the
Police Department 1998 budget to pay the local match.
Passed this 9th day of February, 1998.
Offered by:
Seconded by:
Roll call:
Ruettimann
Peterson
Ail ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
Motion by Ruettimann, second by Peterson to establish a public
hearing for February 23, 1998 at approximately 7:00 p.m. to
discuss the uses for these funds as determined by a select
committee of citizens made up of local government, law
enforcement personnel, criminal justice personnel, and local
school administration personnel. Roll call: All ayes
C. Resolution No. 98-25 Beinq a Resolution Receivinq Zone 3
Seal Coat Feasibility Report and Callinq for a Public Hearinq
REGULAR COUNCIL MEETING
FEBRUARY 9, 1998
PAGE 8
Motion by Peterson, second by Sturdevant to waive the reading
of the resolution there being ample copies available for the
public. Roll call: All ayes
RESOLUTION NO. 98-25
BEING A RESOLUTION RECEIVING THE REPORT ON SEAL COATING IN
ZONE 3 AND CALLING FOR A HEARING ON SAID IMPROVEMENTS
WHEREAS, pursuant to Resolution No. 97-70 adopted by the
Council on November 24, 1997, a report has been prepared by
Mr. Kevin Hansen, City Engineer, with reference to the
following improvements.
Upland Crest, Heights Drive to Fairway Drive
Cheery Lane, Fillmore Street to Cul-de-sac
Khyber Lane, Fillmore Street to Cul-de-sac
Borealis Lane, Fillmore Street to Cul-de-sac
Central Avenue Service Drive, approximately 380' south of
50th Avenue to 195' north of 50th Avenue
51st Court, Central Avenue to Central Avenue
Tyler Street, 49th Avenue to 50th Avenue
Fairway Drive, 49th Avenue to Fairway Drive
North Upland Crest, Pennine Pass to Stinson Boulevard
Stinson Boulevard, 5th Street to N.W. to 325' north of
centerline of North Upland Crest
and this report was received by the Council on February 9,
1998, and
WHEREAS, the report provides information regarding whether the
proposed project is necessary, cost effective and feasible.
NOW, THEREFORE BE IT RESOLVED that the Council will consider
the improvement of such streets in accordance with the report
and the assessment of abutting property (street feet) as well
as non-abutting property on the closest intersecting street
(avenue feet) for all or a portion of the cost of the
improvement pursuant to Minnesota Statutes, Chapter 429 at an
estimated total cost of the improvement of $140,143.76.
AND BE IT FURTHER RESOLVED that a Public Hearing shall be held
on such proposed improvements on the 9th day of March, 1998 in
the Council Chamber of the City Hall at 6:30 p.m. and the City
Manager shall give mailed and published notice of such hearing
and improvement as required by law.
REGULAR COUNCIL MEETING
FEBRUARY 9, 1998
PAGE 9
Passed this 9th day of February, 1998.
Offered by:
Seconded by:
Roll call:
Peterson
Sturdevant
All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
CERTIFICATION
State of Minnesota
County of Anoka
City of Columbia Heights
I hereby certify that the foregoing resolution is a true and
correct copy of a resolution presented to and adopted by the
City Council of Columbia Heights at a meeting thereof held in
the City of Columbia Heights, Minnesota, on the 9th day of
February, 1998, as disclosed by the records of said City in my
possession.
Jo-Anne Student
Deputy City Clerk
7. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
1) Resolution No. 98-26 Beinq a Resolution Approving a
Revocation for Property at 1013-1015 43 1/2 Avenue Owned by
Amy Wazwaz
The Fire Chief explained the efforts of the inspectors to
reach this owner by phone. Certified letters have been sent
and an appointment for inspection was made. The owner failed
to keep the appointment and has not responded since then.
Councilmember Ruettimann requested there be another certified
letter sent. The City Attorney suggested that uniformity be
maintained and that another certified letter not be sent. He
also felt the owner of the property was aware of what the
procedures are.
REGULAR COUNCIL MEETING
FEBRUARY 9, 1998
PAGE 10
Motion by Szurek, second by Jolly to waive the reading of the
resolution there being ample copies available for the public.
Roll call: All ayes
RESOLUTION NO. 98-26
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 RENTAL LICENSE
HELD BY AMY WAZWAZ (HEREINAFTER "LICENSE HOLDER").
WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL
PROPERTY LOCATED AT 1013-1015 43 1/2 AVENUE, 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 JANUARY 30, 1998 OF A PUBLIC
HEARING TO BE HELD ON FEBRUARY 9, 1998.
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:
FINDINGS OF FACT
1. That on August 1, 1997, Charlie Kewatt, Enforcement Officer
of the City of Columbia Heights, mailed by regular mail a
relicensing application and a notice to schedule an annual
inspection to the owner of the property at 1013-1015 43 1/2
Avenue N.E.
2. That on October 21, 1997, a second notice to schedule an
annual inspection was sent by the regular mail to the owner's
address of 1015 43 1/2 Avenue N.E.
3. That on January 2, 1998, it was noted that the owner of the
property had not yet called and scheduled an inspection for
the property. A third notice was sent by regular mail,
notifying the owner to call and schedule an annual inspection.
4. That on January 12, 1998, a final notice to schedule an
annual inspection was mailed by certified mail to the owner's
address. Shortly after the mailing of the notice the owner
called the Fire Department's Housing Maintenance Code office
and set up an inspection for January 16, 1998 at 9:00 a.m.
REGULAR COUNCIL MEETING
FEBRUARY 9, 1998
PAGE 11
5. That on January 16, 1998, Matt Field, Inspector for the
City of Columbia Heights, was present to inspect the property
at 1013-1015 43 1/2 Avenue at 9:00 a.m. and no one was there
to let the inspector into the rental unit.
6. That based upon said records of the Enforcement Officer,
the following conditions and violations of the City's Housing
Maintenance Code were found to exist, to-wit:
A. FAILURE TO SCHEDULE AN ANNUAL INSPECTION
B. FAILURE TO SUBMIT A NO-SHOW INSPECTION FEE OF $40.00
7. 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 1013-1015 43 1/2 Avenue is in
violation of the provisions of the Columbia Heights City Code
as set forth in the Compliance Order attached hereto;
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 COUNCIL
1. The rental license belonging to the License Holder decribed
herein and identified by license number F2574 is hereby
revoked/suspended (cross out one);
2. The City will 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 held by License Holder.
REGULAR COUNCIL MEETING
FEBRUARY 9, 1998
PAGE 12
Passed this 9th day of February, 1998.
Offered by: Szurek
Seconded by: Jolly
Roll call: All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
B. Bid Considerations
None
C. Other Business
1) Authorization to Attend Out-of-Town Conference
Motion by Peterson, second by Ruettimann to approve the
attendance of the Chief of Police at the Executive Training
Institute to be held in St. Cloud, Minnesota on April 20, 21,
22, and 23. Roll call: All ayes
8. ADMINISTRATIVE REPORTS
A. Report of the City Manaqer
1) Quarterly Meetinq with School Board: The City Manager
addressed questions received by members of the City Council
regarding costs associated with construction bonds and
improvements being done by the School District. He was advised
that Dr. Behlow is interested in meeting with members of the
City Council and the School Board to respond to these
questions. Councilmembers felt there should be a public
meeting for the community as a whole to respond to these
concerns and inquiries. The City Manager will convey this to
Dr. Behlow.
2) Northern States Power Press Release: Northern States Power
will be issuing a press release relative to its plans to
replace or add a computer chip to meters in Columbia Heights.
3) Pension Plan: The volunteer firefighter pension plan was
heard and passed by the Joint Pensions Committee of the
Legislature. It will be sent on.
REGULAR COUNCIL MEETING
FEBRUARY 9, 1998
PAGE 13
4) Funding Leqislation for Streetscape Improvements/Central
Avenue: Representative Chaundhary is proposing to the Finance
Operations/Government Operations Committe that $100,000 be
authorized for streetscape improvements. He also addressed
funds which may be available for improvements on Central
Avenue. Councilmember Jolly felt the cabling along Central
Avenue be considered as one of the projects for this funding.
He noted it really is in need of repair.
5) Tax Exempt Purchases: The League of Minnesota Cities is
supporting legislation which would exempt cities and libraries
from paying sales tax on purchases. The City Manager felt the
chances for passage for library exemptions were better than
for cities.
B. Report of the City Attorney
The City Attorney had nothing to report at this time.
9. GENERAL COUNCIL COMMUNICATIONS
A. Minutes of Boards and Commissions
Included in the agenda packet were the minutes of the January
6, 1998 Library Board of Trustees Meeting and the January 20,
1998 Youth Initiative Commission Meeting.
10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA
There was no one present for the Citizens Forum.
RECESS TO EXECUTIVE SESSION
Motion by Ruettimann, second by Peterson to recess the Regular
Council Meeting at 8:15 p.m. to an Executive Session to
discuss the status of litigation of Columbia Heights vs.
Stauch and to conduct the performance evaluation of the City
Manager with a written record being kept by Jo-Anne Student,
Council Secretary. Roll call: All ayes
RECONVENE THE REGULAR COUNCIL MEETING
Motion by Ruettimann, second by Peterson to reconvene the
Regular Council Meeting from the Executive Session at 8:58
p.m. called to discuss the status of the litigation of
Columbia Heights vs. Stauch and to conduct the performance
evaluation of the City Manager with a written record being
kept by Jo-Anne Student, Council Secretay. Roll call: All ayes
REGULAR COUNCIL MEETING
FEBRUARY 9, 1998
PAGE 14
11. ADJOURNMENT
Motion by Ruettimann, second by Jolly to adjourn the meeting
at 9:00 p.m. Roll call: Ail ayes
-Anne Studen[ ,'~L~ouncil
/Joseph Sturdevant-
Secretary