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HomeMy WebLinkAboutFebruary 9, 1998OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 9, 1998 o 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. o 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