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HomeMy WebLinkAboutAugust 24, 1998OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 24, 1998 1. CALL TO ORDER/ROLL CALL The meeting was called to order by Mayor Sturdevant at 7:00 p.m. Present were Mayor Sturdevant and Councilmembers Szurek, Jolly, Ruettimann and Peterson. 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO THE MEETING AGENDA · There were no additions nor deletions to the agenda. 4. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted upon as part of the Consent Agenda by one motion. Items removed fi.om the consent agenda will be taken up as the next order of business.) Motion by Peterson, second by Ruettimann to approve the consent agenda as follows: a) Approval of Meeting Minutes The Council approved the minutes of the August 10, 1998 Regular Council Meeting as presented. b) Authorize Quotes for Purchase of LCD Proiector and Screen The Council authorized staffto seek quotes for an LCD projector and screen with 50% of the funds to be appropriated from the Cable Fund balance and 50% fi'om the Refuse Fund balance. c) Authorization to Sell, Salvage. or Dispose of City Pronertv on Saturday. Seotember 12. 1998 The Council authorized the sale, salvage, or disposal of surplus City property as indicated on the attached listing of surplus property, to include Municipal Units g404-1991 Ford Crown Victoria, g415-1993 Ford Crown Victoria, and Police Department #62-1993 Ford Crown Victoria. d) First Reading 0f Ordinance No. 1376 Beine an Ordinance Addressing Keys Left in Vehicle The reading of the ordinance was waived there being ample copies available for the public. REGULAR COUNCIL MEETING AUGUST 24, 1998 PAGE 2 ORDINANCE NO. 1376 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PROHIBITING LEAVING A VEHICLE UNATTENDED WITH KEYS IN IGNITION Currently, the ordinance reads as follows: Chapter I0, Article IH, Section X: 10.305(3) No person in control of a motor vehicle, as owner or operator, shall permit such vehicle to stand unattended anywhere within the Ci _ty, whether on public or nrivate property, without.first locking the ignition and removing the key from the vehicle. Is herewith amended to read as follows: 10.305(3) No person in control of a motor vehicle, as owner or operator, shall permit such vehicle to stand unattended anywhere within the city, whether on public or private properly, without first locking the ignition and removing the kev from the vehicle. Notwithstanding the above, this provision shall not apply to any motor vehicle which is used in a police operation. First Reading: August 24, 1998 The second reading of Ordinance No. 1376 was scheduled for September 14, 1998 at approximately 7:00 p.m. e) Authorization to Purchase One Unmarked Downsized Vehicle The Council authorized the purchase of one 1998 Ford Taurus unmarked, mid-size vehicle from the State of Minnesota bid//417583 with funding coming from 431-42100-5150 and the Mayor and City Manager were author/zed to enter into a contract for the same. f) Accept Donation from Browning-Ferris Industries to Repaint Forfeiture Van for DARE Use The Council accepted the $1,550 donation from Browning Fen'is Industries (BFI) to be used for the repainting and graphics for a 1989 Ford Aerostar van which will be used by the Police Department for programs such as D.A.R.E., graffiti clean up, parades and the Police Explorer program. REGULAR COUNCIL MEETING AUGUST 24, 1998 PAGE 3 g) Resolution No. 98-75 Being a Resolution Accepting A Local Law Enforcement Block Grant The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 98-75 BEING A RESOLUTION ACCEPTING LOCAL LAW ENFORCEMENT EQUIPMENT BLOCK GRANT AND APPROPRIATING MATCHING FUNDS WHEREAS, the City of Columbia Heights Police Department has been granted $24,605 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 provides $2,734 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 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 of October 1, 1998 to September 30, 2000. That $2,734 be appropriated from unexpended funds in the Police Department's 1998 budget to pay the local match. Passed this 24th day of August, 1998. Offered by: Peterson Seconded by: Ruettimann Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary REGULAR COUNCIL MEETING AUGUST 24, 1998 PAGE 4 h) Authorize Final Payment for Seal Coatine The Council accepted the work for 1998 Seal Coat Program, Municipal Project #9801B and authorized final payment of $3,471.25 to Allied Blacktop Company of Maple Grove, Minnesota. i) Authorize to Seek Ou.otations for Window Replacement The Council authorized staff to seek quotations for replacement of single-pane windows at the Municipal Service Center. j) Authorization for Braun Intertec to Conduct Road Rater Testing on Zone 4 City Streets The Council authorized the hiring of Braun Intertec Corp. Inc. to conduct Road Rater testing on Zone 4 streets, excluding C.S.A.H. and M.S.A.S. for $940.00/mile plus mobilization and authorized the Mayor and City Manager to enter into an agreement for the same. k) Acceptance of Feasibility Report for Sullivan Lake Sanitary and Waste Water Pumping Station and Authorization of Final Design Improvements The Council accepted the feasibility report for the Sullivan Lake Sanitary and Waste Water Pumping Station to RLK-Kuusisto of Mendota Heights, Minnesota and approved the final design of the improvements for a new wetwell/dry well pumping station, forcemain, gravity sewer and appurtenant improvements. 1) Establish Hearing Dates - License Revocation, Rental Properties The Council established a hearing date of September 28, 1998 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Yinsheng Zhang at 4636 Washington Street Northeast. The Council established a heating date of September 14, 1998 for revocation or suspension of a rental license to operate a rental property within the City of Columbia Heights against Amy Wazwaz at 1013-15 43 ½ Avenue Northeast. m) Close Hearing - Rental License Revocation The Council closed the public hearing regarding the revocation or suspension of the rental license held by Alan Schultz regarding rental property at 525 38~ Avenue in that the property is in compliance with the Housing Maintenance Code. REGULAR COUNCIL MEETING AUGUST 24, 1998 PAGE 5 n) LaserFiche Maintenance The Council authorized the Mayor and City Manager to enter into a maintenance contract with Software Tailors for ongoing annual maintenance of the LaserFiche Optical Imaging System. o) Purchase of Jukebox and Scanning Equipment The Council authorized the Mayor and City Manager to enter into an agreement with Wybrite for the purchase of an optical jukebox and production scanner at a total cost of $18,640. p) Payment of Bills The Council approved the payment of the bills as listed out of proper funds. q) Approval of License Applications The Council approved the license applications as listed and the rental license applications as noted in the memo dated August 18, 1998 from C. Kewatt, Fire Chief. r) Council Work Session Dates The Council established Tuesday, September 8, 1998 at 7:00 p.m. and Monday, September 21, 1998 at 8:30 p.m. as dates and times for Council work sessions. Roll call on Consent Agenda: All ayes 5. PROCLAMATIONS. INTRODUCTIONS. PRESENTATIONS AND GUESTS A. Proclamations The Mayor read the proclamation designating August 28th through August 30th as United Way Weekend. B. Introduction of Newly-Hired Employee Denise Cully, the newly-hired Accounting Clerk, was introduced to the City Council. C. Presentations An engraved clock was presented to Vernon Moore for his twenty-four years of service to the City on the Police and Fire Civil Service Commission. An engraved clock was accepted by Councilmember Peterson on behalf of Dick Petkoff who had served on the Park and Recreation Commission for six years. REGULAR COUNCIL MEETING AUGUST 24, 1998 PAGE 6 6. PUBLIC HEARINGS None 7. ITEMS FOR CONSIDERATION A. Other Resolutions and Ordinances 1) Resolution No. 98-76 Being a Resolution Approving Revocation of Rental License for Property at 1407-09 Circle Terrace Motion by Peterson, second by Ruettimann to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes The Assistant Fire Chief reviewed the Findings of Fact and the history of the violations regarding this property. He also reviewed the attempts made for re-inspections and the changes made regarding the responsible party for the property owner's interest. It was noted that the conservator for the property had been contacted in person. There was an understanding this conservator was authorized to access funds for any repair of the property. He has been virtually non-responsive to the notifications received regarding re- inspections. Also, it appeared from an inspection of the exterior of the building, no repairs nor refurbishing has taken place. RESOLUTION NO. 98-76 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 SUSAN LOEWENTHAL (HEREINAFTER "LICENSE HOLDER"). WHEREAS: LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 1407-09 CIRCLE TERRACE, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FOR THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON AUGUST 13, 1998 OR A PUBLIC HEARING TO BE HELD ON AUGUST 24, 1998. REGULAR COUNCIL MEETING AUGUST 24, 1998 PAGE 7 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 That on October 15, 1997, Matt Field and John Larkin, inspectors for the City of Columbia Heights, noted fourteen violations. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. That on December 11, 1997, a 30 day extension was requested and granted. Extension orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. That on January 20, 1998, a 30 day extension was requested and granted. Four of the fourteen violations (exterior violations) listed were given time extensions to April 30, 1998. Extension orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. That on February 19, 1998, Gary Gorman and Rich Hinrichs, inspectors for the City of Columbia Heights, attempted to reinspect the property. The owner/owner representative was not present at the inspection. Inspectors found tenants on both sides of the building were home, but stated they had not been notified of the inspection that day. Inspectors did not inspect, due to improper tenant notification. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. That on March 26, 1998, Matt Field and John Larkin, inspectors for the City of Columbia Heights, attempted to reinspect the property. The owner/owner representative was not present at the inspection. Inspectors found tenant on the 1407 side was not home, and the tenant on the 1409 side was home, but stated that they had not been notified of the inspection that day. Inspectors did not inspect, due to improper tenant notification. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. REGULAR COUNCIL MEETING AUGUST 24, 1998 PAGE 8 That on May 19, 1998, Matt Field and John Larkin, inspectors for the City of Columbia Heights, attempted to reinspect the property. The owner/owner representative was not present at the inspection. Inspectors found tenants on both sides of the building were home, but stated that they had not been notified of the inspection that day. Inspectors did not inspect, due to improper tenant notification. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. That on or before May 20, 1998, Assistant ChiefAlexon had telephone conversation with a tenant of the Loewenthal properties who stated that Mr. Kurt Loewenthal has passed away and that she was paying her rent to an attorney for Susan Loewentahl. Assistant Chief Alexon wrote the attorney a letter asking for information on the status of the property. That on May 26, 1998, Assistant Chief Alexon received a letter fi.om attorney at law, Mr. David M. Jacob's law finn stating that Mr. Jacobs has been appointed special conservator of Susan Loewenthal. The letter also stated that it was only recently that Mr. Jacobs had become involved in these matters and would have a difficult time correcting any violations prior to the June 8, 1998 deadline. That on June 5, 1998, Assistant Chief Alexon received a letter fi'om Mr. Jacob's office stating that they could not correct the violations due to Mr. Jacobs just recently becoming involved with the Loewenthals and complications in the conservatorship process. The letter went on to ask for a 60-day extension. A 60- day extension was granted by Assistant Chief Alexon, with a reinspection date of August 5, 1998 being set. Also, a letter was sent to Mr. Jacobs detailing a list of immediate concern violations that Assistant ChiefAlexon felt need to be corrected as soon as possible. 10. That on August 5, 1998, Matt Field and John Larkin, inspectors for the City of Columbia Heights, inspected the property and found that none of the violations were corrected. A $40.00 reinspection fee was assessed. A Statement of Cause and a Notice of Revocation Hearing listing the uncorrected violations, was sent to the owner of the property listed on the Rental Housing License Application and to the conservator of the Estate of Susan Loewenthal by certified mail. 11. 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: REGULAR COUNCIL MEETING AUGUST 24, 1998 PAGE 9 A. FAILURE TO CORRECT VIOLATIONS OF THE HOUSING MAINTENANCE CODE B. FAILURE TO SUBMIT REINSPECTION FEES OF $40.00 12. 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 COLrNCIL That the building located at 1407-09 Circle Terrace is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto', 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. 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 The rental license belonging to the License Holder described herein and identified by license number F2242 is hereby revoked/suspended (cross out one); 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; All tenants shall remove themselves fi.om the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this 24th day of August, 1998. Offered by: Peterson Seconded by: Ruettimann Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary REGULAR COUNCIL MEETING AUGUST 24, 1998 PAGE 10 B. Bid Considerations None C. Other Business 1) Replacement of Unit #234 MT Trackless It was noted that the need for this equipment has increased because of its varied uses and its versatility. $5,000 was allowed for the trade-in of the MT Trackless purchased in 1988. Motion by Jolly, second by Szurek to approve the purchase of an MT Trackless 4-wheel drive multi-purpose tractor with 120" rotary mower deck, 51" two stage snow blower, 5' angle snow plow and 60" x 34" power angling sweeper offthe State Contract fi.om MacQueen Equipment Inc. of Minneapolis for $76,623.00 plus tax with funds to be taken fi.om the Parks Capital Equipment Replacement Fund 431-45200-5150. Roll call: All ayes 2) Conditional Use Permit - Case #9808-38, 715 39th Avenue Northeast This CUP request is to allow the addition of used car sales in conjunction with the existing auto body repair business. Essentially, the plan is to purchase, repair and resell vehicles as an additional source of income for the operation. The owner stated that the hours of operation will be 8:00 to 5:00, Monday through Friday and 9:00 to 1:00 on Saturday. Motion by Peterson, second by Ruettimann to approve the conditional use permit to allow auto sales as an accessory use in the I-2, Heavy Industry District, at 715 39th Avenue NE, subject to the following conditions: 2. 3. 4. 5. 6. 7. This conditional use permit will become null and void if the principal use of the property changes, and is no longer used for auto repair; All required state and local codes will be met and in full compliance; Lighting can not exceed 3 foot candles at the property boundary, and a lighting plan will need to be reviewed and approved by staff; All autos offered for sale must be stored within a securely fenced area; All autos presented for sale must be parked on spaces no smaller than twenty feet in length by ten feet in width; The parking spaces will need to be illustrated on a site plan drawn to scale which will be reviewed and approved by staff; The parking spaces will need to be striped on the lot and a bumper curb will be provided; REGULAR COUNCIL MEETING AUGUST 24, 1998 PAGE 11 8. Improvements to both the on-site parking lot and the recently approved off-site parking area shall be complete before any sales are permitted; 9. The maximum number of autos available for sale shall not exceed the number of parking spaces designated for the auto sales; 10. The designated auto sales space not be used for the storage of inoperable vehicles; 11. There shall be a minimum of two feet open space maintained between the parking spaces and adjacent property lines, buildings and fence; 12. All signage shall comply with City sign regulations, and any signage for vehicles shall be approved by staff and be limited to signs located in the vehicle windows; 13. The applicant shall file the required paperwork for the State license and shall obtain a yearly City license; 14. Property shall be evaluated for necessary easements for public facilities; and, 15. Tenant shall supply a written agreement for fence installation between the property owner to the east and his land owner. Roll call: All ayes 3. Rezoning Conditional Use Permit, Variance - Case #9808-37. 4417 University Avenue and 315 44th Avenue The applicant has requested this issue be tabled until the September 14, 1998 Regular Council Meeting. At that time, it is his intention to submit a revised site plan. At its most recent meeting, the Planning and Zoning Commission had reviewed the site plan submitted and recommended denial of the site plan as well as denial of the rezoning, conditional use permit, and variance requests. Members of the Council felt the revised site plan should be viewed by the Planning and Zoning Commission and by the Traffic Commission before it is returned to the City Council. Motion by Ruettimann, second by Szurek to table this matter until the October 12, 1998 Council Meeting at which time it will have been reviewed by the Planning and Zoning Commission and by the Traffic Commission. Roll call: All ayes 4) Potential Alley Cul-De-Sac Behind Autoworld The resident at 3830 Reservoir Boulevard stated his opposition to the cul-de-sacing of the alley and requested a formal denial by the Council. REGULAR COUNCIL MEETING AUGUST 24, 1998 PAGE 12 A motion was made to deny the alley cul-de-sac but no action was taken as it was noted that this had not been approved in the first place. Motion by Sturdevant, second by Ruettimann to require that the alley behind the east site of JelT's, Bobby and Steve's Autoworld has access to both 39~ Avenue and Reservoir Boulevard. Roll call: All ayes 8. ADMINISTRATIVE REPORTS A. Report of the City Manager The City Manager mentioned the Police Department handout on the Council table regarding offender policies and notification requirements. There is a meeting scheduled with City staff and representatives of Medtronic to discuss the pump station and Medtronic's phase II. 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 The minutes of the August 11, 1998 Planning and Zoning Commission Meeting and the August 3, 1998 Library Board of Trustees Meeting were included in the agenda packet. No Council action was required. 10. CITIZENS FORUM Ban~ Cole, who resides at 4624 Wastfington Street, advised the Council of his intention to hold a two-day fundraising outdoor benefit in the Huset Park bandshell. He stated the benefactors of the funds raised were to be the storm victims in St. Peter, Minnesota. He requested the support of the Council. Mr. Cole was advised by members of the Council he must obtain permission to use the bandshell and obtain any necessary licenses and permits fi.om the City. He was cautioned that these permissions must be gotten before any further activity. REGULAR COUNCIL MEETING AUGUST 24, 1998 PAGE 13 It was also mentioned he should contact the Police Department regarding any related issues. He responded he had already contacted the Police Department. 11. ADJOURNMENT Motion by Peterson, second by Szurek to adjourn the meeting at 8:18 p.m. Roll call: All ayes Uo-Anne Student, Council Secretary (r ',4 q' ' Mayor JOseph