HomeMy WebLinkAboutOctober 12, 1998OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
OCTOBER 12, 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 MEETING AGENDA
There were no additions nor deletions to the meeting agenda.
4. CONSENT AGENDA
Motion by Ruettimann, second by Sturdevant to approve the Consent Agenda as follows;
a) Approval of Meeting Minutes
The Council approved the minutes of the September 28, 1998 Regular Council Meeting as
presented.
b) Resolution No. 98-89 Being a Resolution Certi _fying Delinquent Assessments
The reading of the resolution was waived there being ample copies available for the public.
RESOLUTION NO. 98 - 89
CERTIFICATION OF DELINQUENT ASSESSMENTS
BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLUMBIA HEIGHTS, that
THE COUNTY AUDITOR be, and he is hereby directed, to levy the delinquent special
assessments, delinquent utility, and miscellaneous delinquent bills on the properties in the
City of Columbia Heights as submitted on the attached pages and filed in the Assessment
Book for 1998 totaling $57,654.32.
BE IT FURTHER RESOLVED that the foregoing amounts shall be included in the
individual property tax statements for the current year and identified thereon as "Special
Assessments - Fund #82824.
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OCTOBER 12, 1998
PAGE 2
SAID LEVIES shall be enforced and collected in the manner provided for the enforcement
and collection of State and County taxes under and in accordance with the provisions of
the general laws of the State. All assessments with penalties and interest as indicated
thereon paid to the County Treasurer shall belong to the City of Columbia Heights and
shall be turned over to the City Treasurer in the manner provided by the City Charter and
Ordinances.
THE CITY OF COLUMBIA HEIGHTS shall accept payments on these levies until
October 5, 1998. Upon receipt of said payments the City will remove them from the
certification list sent to Anoka County.
Passed this 12th day of October, 1998.
Offered by: Ruettimann
Seconded by: Sturdevant
Roll Call: All ayes
Joseph Sturdevant, Mayor
Jo-Anne Student, Council Secretary
c) Establish Hearing Dates for License Revocations, Rental Properties
The Council approved the establishment of a hearing date of October 26, 1998 for
revocation or suspension of a license to operate a rental property within the City of
Columbia Heights against the following properties and property owners:
Jocelyn Hoffarth at 672 48th Avenue
David Utke at 3947 Arthur Street
Jason Bouchard at 1336-1338 43 lA Avenue
Roger Gillespie at 1010 42nd Avenue
Fazara Kahn at 966-968 44 lA Avenue
Sharon Vermeer at 615 40th Avenue
Gary Bailey at 233 42nd Avenue
d) Resolution No. 98-87 Being a Resolution Authorizing the Police Department to Enter
into Cooperative Agreement with the Minnesota Department of Public Safety
The reading of the resolution was waived there being ample copies available for the public.
REGULAR COUNCIL MEET1NG
OCTOBER 12, 1998
PAGE 3
RESOLUTION NO. 98-87
APPLICATION FOR DEPARTMENT OF PUBLIC SAFETY
GRANT MADE BY POLICE DEPARTMENT
WHEREAS, the Columbia Heights Police Department made application to the State of
Minnesota Department of Public Safety for a grant for community oriented policing
activities in order to pay overtime to perform these activities, and;
WHEREAS, the Columbia Heights Police Department has been successful in obtaining
this grant for the period November 1, 1998, to November 1, 1999, in the amount of
$20,000;
THEREFORE, BE IT RESOLVED that the City of Columbia Heights enter into a
cooperative agreement with the Minnesota Department of Public Safety for the project
entitled "Community Oriented Policing Grant for Overtime for the period from November
1, 1998, to November 1, 1999; and that the City Manager and Mayor are hereby
authorized to execute such agreements and amendments as are necessary to implement the
project on behalf of the City of Columbia Heights.
Passed this 12th day of October, 1998.
Offered by: Ruettimann
Seconded by: Sturdevant
Roll call: All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
e) Appointments to Youth Initiative Commission
The Council approved the appointment of Aaron Bjork, Micah McLellan, James Martin
and Kelly Crumpton each to a two year term on the Columbia Heights Youth Initiative
Commission.
f) League of Minnesota Cities Dues for Fiscal Year
The Council approved the continued membership with the League of Minnesota Cities and
authorized the annual payment of $9,505.
REGULAR COUNCIL MEETING
OCTOBER 12, 1998
PAGE 4
g) Rezoning, Conditional Use Permit, Variances, Case #9808 - 37, 4417 University
Avenue and 315 44th Avenue
The Council denied the request for the rezoning, the conditional use permit, and the
variances for the property at 315 44th Avenue NE and 4417 University Avenue due to the
potential negative impacts on surrounding property, and because the request is not
consistent with the City Comprehensive Plan.
h) Variance - Case #9810-42, 4763 Heights Drive
The Council approved the variance of one foot at 4763 Heights Drive because tree
location and topography on the property created a hardship.
i) Variance - Case #9810-45, 2303 Maiden Lane
The Council approved the variance of eight feet at 2303 Maiden Lane because tree
location and topography on the property create a hardship.
j) Conditional Use Permit - Case #9810-46, 418 40th Avenue Northeast
The Council approved the conditional use permit to allow a garage on the property at 418
40th Avenue NE, subject to the three listed conditions.
k) Approve Payment to Purchase 4216 Central Avenue NE from Anoka County
The Council accepted the recommendation from the EDA and authorized payment to the
County of Anoka for the acquisition of tax forfeited land at 4216 Central Avenue NE,
P.I.N. F35 30 24 14 0077, in the amount of $11,829.45 plus associated legal fees to
prepare a purchase agreement and complete the transaction with funding appropriated
from 235-46385-5110.
1) Resolution No. 98-88 Being a Resolution on Enforcement of Optional Chapter 1306 of
the Minnesota State Building Code
The reading of the resolution was waived there being ample copies available for the public.
RESOLUTION NO. 98-88
RESOLUTION REQUESTING DIRECTION ON ENFORCEMENT OF OPTIONAL
CHAPTER 1306 OF THE MINNESOTA STATE BUILDING CODE
WHEREAS, Chapter 1306 of the Minnesota State Building Code is optional;
WHEREAS, Chapter 1306 of the Minnesota State Building Code was inadvertently
adopted and included as part of Ordinance Number 1344;
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OCTOBER 12, 1998
PAGE 5
WHEREAS, enforcement would put a financial strain on existing and future
commercial/industrial property owners in their redevelopment and remodeling efforts;
WHEREAS, enforcement would create additional demands on the existing infrastructure
to include the street excavation repair and water distribution systems;
WHEREAS, the Building Official requested adoption in error and here to date has never
enforced this provision;
WHEREAS, a fire sprinkler system is required by the Uniform Building Code for certain
buildings and is adopted without option;
WHEREAS, before adoption of this chapter, an evaluation of the municipal water
distribution system should be conducted by a private agency as suggested by the City
Engineer;
THEREFORE, BE IT RESOLVED that the City staff enforce the provisions of the 1995
Minnesota State Building Code adopted by Ordinance 1344 with the exception of optional
Chapter 1306 which provisions should be waived.
BE IT FURTHER RESOLVED that staff is directed to prepare a new Ordinance for
consideration by the City Council said Ordinance to repeal Ordinance 1344 and adopt the
new 1998 Minnesota State Building excluding Chapter 1306.
BE IT FURTHER RESOLVED this proposed Ordinance be presented to the City Council
at the earliest available date.
Passed this 12th day of October, 1998.
Offered by: Ruettimann
Seconded by: Sturdevant
Roll call: All ayes
Jo-Anne Student, Council
Mayor Joseph Sturdevant
m) Resolution No. 98-91 Being a Resolution Accepting Bid and Awarding Retaining Wall
Construction Project #9733, 9734 and 9738
The reading of the resolution was waived there being ample copies available for the public.
REGULAR COUNCIL MEETING
OCTOBER 12, 1998
PAGE 6
RESOLUTION NO. 98-91
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT
FOR MODULAR BLOCK RETAINING WALL CONSTRUCTION
CITY PROJECTS #9733, 9734, AND 9738 TO NADEAU UTILITY, INC.
WHEREAS, pursuant to an advertisement for bids for City Projects #9733, 9734 and
9738, Modular Block Retaining Wall Construction, S.A.P. No. 113-104-12, 113-110-07
and 113-112-07, two bids were received, opened and tabulated according to law. The
following bids were received complying with the advertisement.
Nadeau Utility, Inc.
Rosti Construction Co.
WHEREAS, it appears that Nadeau Utility, Inc. of 20005 Highway 81, Maple Grove,
Minnesota is the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA
HEIGHTS, MINNESOTA
The Mayor and Clerk are hereby authorized and directed to enter into a contract
with Nadeau Utility, Inc. in the name of the City of Columbia Heights for Modular
Block Retaining Wall Construction, City Projects No. 9733, 9734 and 9738,
according to plans and specifications therefore approved by the Council.
The City Engineer is hereby authorized and directed to return, forthwith, to all
bidders, the deposits made with their bids except the deposit of the successful
bidder and the next lowest bidder shall be retained until the contract has been
signed.
Dated this 12th day of October, 1998.
Offered by: Ruettimann
Seconded by: Sturdevant
Roll call: All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
REGULAR COUNCIL MEETING
OCTOBER 12, 1998
PAGE 7
n) Payment of the Bills
The Council approved the payment of the bills as listed out of proper funds.
o) Approval of License Applications
The Council approved the license applications as listed.
p) Approving EDA Purchasing Policy and Authority
Motion by Ruettimann, second by Sturdevant to remove this item from the agenda and
place on the agenda of a future Council work session. Roll call: All ayes
Roll call on Consent Agenda: All ayes
5. PROCLAMATIONS, INTRODUCTIONS, PRESENTATIONS AND GUESTS
a) Recognition ofBF! - Donation to DARE Program
In recogition of a contribution to the City's DARE Program, Police Chief Johnson
presented a framed certificate to a representative of BFI. The funds were used to repaint
and place graphics on the Department's new police van. A similar certificate was presented
to the Council for display in the Council Chambers. The van was officially presented to the
City as well.
b) Proclamation - Polish American Heritage Month
The Mayor read the proclamation designating the month of October as Polish American
Heritage Month in Columbia Heights. It was presented to two members of the Sister
Cities Committee. Columbia Heights' Sister City is Lomianki, Poland. These two members
and fifteen others travelled recently to Poland. They shared some of the highlights of the
trip with the Council.
c) Re-dedication of the High School Football Field
The Mayor mentioned the recent re-dedication of the football field at the Columbia
Heights football field. He felt the festivities, which included fireworks, were well done.
6. PUBLIC HEARINGS
a) Public Hearing and Second Reading of Ordinance No. 1377 Being an Ordinance
Regarding Changes to the Licensing Section of the City Code
REGULAR COUNCIL MEETING
OCTOBER 12, 1998
PAGE 8
The City Manager advised that a committee has been meeting for over two years
reviewing this section of the City Code.
Motion by Jolly, second by Ruettimann to waive the reading of the ordinance there being
ample copies available for the public. Roll call: All ayes
Motion by Jolly, second by Ruettimann to adopt Ordinance No. 1377 being an ordinance
pertaining to the amendment of certain sections of the licensing requirements of the City
Code. Roll call: All ayes
ORDINANCE NO. 1377 IS MANY PAGES IN LENGTH. IT IS AVAILABLE IN ITS
ENTIRETY FOR PUBLIC REVIEW AT THE LIBRARY, THE POLICE
DEPARTMENT, THE PUBLIC WORKS DEPARTMENT, THE EDA OFFICES AND
THE ADMINISTRATIVE OFFICE IN CITY HALL.
7. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
1) Resolution No. 98-90 Being a Lot Split Request at 4121 Stinson Boulevard
The EDA Director reviewed the request. One of the requirements of the Planning and
Zoning Commission's approval was the removal of the blacktopped driveway. The buyer
of the property requested permission to leave the driveway as-is until the adjoining parcel
is purchased and plans for its development are complete.
When the Council approved the resolution, language was added to authorize the lot split
with the contingency that the driveway blacktop would be removed when the adjacent
parcel was sold
Councilmember Jolly requested staff to pursue information regarding the water service(s)
to this house. He had concern with the water service for the pool and for the guest house
on the back of the lot. Councilmember Jolly also requested staff to look at the catch basin
on the property.
Motion by Szurek, second by Ruettimann to waive the reading of the resolution there
being ample copies available for the public. Roll call: All ayes
REGULAR COUNCIL MEETING
OCTOBER 12, 1998
PAGE 9
RESOLUTION NO. 98 - 90
SUBDIVISION REQUEST
CITY OF COLUMBIA HEIGHTS
590 - 40TH AVENUE N.E.
COLUMBIA HEIGHTS, MN 55421
I, Betty R. Hardle,
described as:
Hereby request a split of P1N 36 30 24 14 0054 Legally
Lots 12 and 13, Block 1, Silver Lake Addition to Columbia Heights,
Anoka County, Minnesota. Subject to easements of record.
THE DESCRIPTION HENCEFORTH TO BE:
A. Lot 13, and the South 20.00 feet of Lot 12, Block 1, SILVER LAKE ADDITION
TO COLUMBIA HEIGHTS, Anoka County, Minnesota.
That part of Lot 12, Block 1, SILVER LAKE ADDITION TO COLUMBIA
HEIGHTS, Anoka County, Minnesota, lying northerly of the South 20.00 feet
thereof.
Be it further resolved that special assessments of record in the office of the City of
Columbia Heights as of this day, against the above described property, have been paid.
Any pending or future assessments will be levied according to the new split as approved
this day.
Any lot split given approval shall become invalid if the resolution, motion or other Council
action approving the said lot split is not filed with the County Recorder within one (1) year
of the date of the Council action.
PLANNING & ZONING DEPARTMENT ACTION:
* Comment 1
This 6th day of October, 1998.
Offered by: Peterson
Seconded by: Ramsdell
Roll Call: All ayes
Betty Hardle
Signature of Owner, Notarized
4121 Stinson Blvd NE
Owner's Address
Telephone No. 612-781-1066
REGULAR COUNCIL MEET1NG
OCTOBER 12, 1998
PAGE 10
Joe Hollman
Zoning Officer
SUBSCRIBED AND SWORN TO BEFORE ME
this 21st day of September, 1998.
Jane Ann Gleason
Notary Public
CITY COUNCIL ACTION
* Comment 2
This 12th day of October, 1998.
Offered by: Szurek
Seconded by: Sturdevant
Roll Call: All ayes
Joseph Sturdevant, Mayor
Jo-Anne Student, Council Secretary
FEE: $150.00 DATE PAID: 9-9-98
RECEIPT No. 37625
* Comment 1
PLANNING & ZONING DEPARTMENT ACTION:
Recommend City Council approval of Resolution 98 - 90, subject
to removal of the pool and driveway, and provided that staff discuss
with the City Attorney the need to provide easements over the
existing sanitary service lines crossing Tract "B".
* Comment 2
CITY COUNCIL ACTION:
Adopt Resolution 98 - 90, subject to removal of the pool and later
removal of the driveway contingent on the sale of the adjacent
parcel (Tract "B").
B. Bid Considerations
None
REGULAR COUNCIL MEET1NG
OCTOBER 12, 1998
PAGE 11
C. Other Business
None
8. ADMINISTRATIVE REPORTS
A. Report of the City Manager
No report
B. Report of the City Attorney
No report
9. GENERAL COUNCIL COMMUNICATIONS
A. Minutes of Boards and Commissions
The following meeting minutes were in the agenda packet:
1) August 6, 1998 Charter Commission Meeting
2) September 23, 1998 Park and Recreation Commission Meeting
3) October 5, 1998 Traffic Commission Meeting
These minutes were for informational purposes only. No Council action was necessary.
10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA
A resident from the 49th Avenue and Jackson Street advised the Council of a letter she
received from the City regarding trimming of trees and branches on her property. Staff will
follow up on this matter at a time convenient for this property owner.
A resident from 43rd Avenue expressed concern regarding the surface condition of his
newly-reconstructed street. This had been brought to the attention of staff previously by
this resident. The Public Works Director advised this matter had been viewed by a
consultant and no report has been received at this point in time.
A resident from Reservoir Boulevard detailed her experience with a construction site in
her neighborhood. It had been viewed by the City Manager and the contractor solved the
problem. There was a very large excavation left unfenced.
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OCTOBER 12, 1998
PAGE 12
A resident of 39th Avenue expressed her concerns relative to statements made by a
member of the City Council.
RECESS TO EXECUTIVE SESSION
The Regular Council Meeting was recessed to an Executive Session at 8:25 p.m. to
discuss the City Manager's performance evaluation.
RECONVENE REGULAR COUNCIL MEETING
The Regular Council Meeting was reconvened at 8:35 p.m.
11. ADJOURNMENT
Motion by Peterson, second by Szurek to adjourn the meeting at 8:35 p.m.
Jo-Anne Student, Council Secretary
Mayor Joseph Sturdevant