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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. REGULAR COUNCIL MEET1NG 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; REGULAR COUNCIL MEETING 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. REGULAR COUNCIL MEET1NG 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