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HomeMy WebLinkAboutNovember 23, 1998OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 23, 1998 1. CALL TO ORDER/ROLL CALL The meeting was called to order by Council President Peterson at 7:00 p.m. Present were Council President Peterson and Councilmembers Szurek and Ruettimann. Absent were Mayor Sturdevant and Councilmember Jolly. 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO THE MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) There were no additions nor deletions to the meeting agenda. 4. CONSENT AGENDA (These items are considered to be routine by the City Council and are enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as next order of business.) Motion by Ruettimann, second by Szurek to approve the Consent Agenda as follows: a) Minutes for Approval The Council approved the minutes of the following meetings: 1) November 9, 1998 Regular Council Meeting 2) November 16, 1998 Levy Hearing 3) November 16, 1998 Special Council Meeting b) Close Hearing - Rental License Revocation The Council closed the public hearings regarding the revocation or suspension of the rental licenses held by the following property owners for the properties located at the following addresses in that the property is in compliance with the Housing Maintenance Code: 1) Kwei Fang for rental property at 4055-4057 University Avenue 2) Gerald Janson for property at 1248-1250 Circle Terrace 3) Gerald Janson for property at 1242-1244 Circle Terrace 4) Greg Heinen for property at 1020 44th Avenue 5) Edwin Hansen for property at 4534 Madison Street 6) Jerald Janson for property at 1266-1268 Circle Terrace 7) Shannon Brown for property at 4634-4636 Polk Street 8) Sally Anderson for property at 3843 1/2 and 3843 Hayes Street REGULAR COUNCIL MEET1NG NOVEMBER 23, 1998 PAGE 2 c) Approval of School Liaison Officer Contract with Independent School District #13 The Council authorized the Mayor and City Manager to approve the joint powers agreement with Independent School District #13 for the provision of a police school liaison officer as stipulated in the joint powers agreement for the period of September 8, 1998 through June 10, 1999. d) Telephone System Consultants This item was moved from the Consent Agenda to Bid Considerations. e) Payment of Bills The Council approved the payment of the bills as listed out of proper funds. f) License Applications The Council approved the license applications as listed. g) First Reading of Ordinance No. 1379 Being an Ordinance Amending City Charter The reading of the ordinance was waived there being ample copies available for the public. ORDINANCE NO. 1379 BEING AN ORDINANCE AMENDING CHAPTER 3, SECTION 16, OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO COUNCIL MEETINGS The City of Columbia Heights does ordain: Section 1: Chapter 3, Section 16, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: SECTION 16. COUNCIL MEETINGS. At the time of the first regularly scheduled council meeting in January following a regular municipal election, the council shall meet at the usual place and time for the holding of the council meetings. At this time, the newly elected members of the council shall assume the duties of such membership, except that for council members elected in 1998, 2000, and 2002, the newly elected members shall assume the duties of such membership on the first Monday in January following that regular municipal election. Thereafter the council shall meet at such times as may be prescribed by ordinance or resolution, except that they shall meet not less than once each month. The mayor, or any two members of the council, or the city manager, may call special meetings of the council upon at least twelve (12) hours' notice to each member of the council. REGULAR COUNCIL MEET1NG NOVEMBER 23, 1998 PAGE 3 Such notice shall be delivered personally to each member or shall be left with some responsible person at the member's usual place of residence. All meetings of the council shall be public, and any citizen shall have access to the minutes and records thereof at all reasonable times. is hereby amended to read: SECTION 16. COUNCIL MEETINGS. At the time of the first regularly scheduled council meeting in January following a regular municipal election, the council shall meet at the usual place and time for the holding of the council meetings. At this time, the newly elected members of the council shall assume the duties of such membership, except that for council members elected in 1998, 2000, and 2002, the newly elected members shall assume the duties of such membership on the first Monday in January following that regular municipal election. Thereafter the council shall meet at such times as may be prescribed by ordinance or resolution, except that they shall meet not less than once each month. The mayor, or any two members of the council, or the city manager, may call special meetings of the council upon at least ..... ,__A ,~ ,,,, ........(3) Lw~w ~.~-] .,~u~ three days' notice _ ,~,~u.,~.. Such notice shall be posted and shall be delivered personally to each member or shall be left with some responsible person at the member's usual place of residence. The mayor, any two members of the council, or the city manager, may call special emergency meetings of the council upon at least twelve (12) hours' notice to each member of the council. Posted or published notice of any such emergency meeting shall not be required. An emergency meeting shall be defined as a special meeting called because of circumstances that, in the judgment of the mayor, any two council members, or the city manager, require immediate consideration. All meetings of the council shall be public, and any citizen shall have access to the minutes and records thereof at all reasonable times. Section 3' This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. First Reading: November 23, 1998 The Council scheduled the second reading of Ordinance No. 1379 for December 14, 1998 at approximately 7:00 p.m. h) First Reading of Ordinance No. 1380 Being a Vacation of a Drainage and Utility Easement The reading of the ordinance was waived there being ample copies available for the public. REGULAR COUNCIL MEET1NG NOVEMBER 23, 1998 PAGE 4 ORDINANCE NO. 1380 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853 CITY CODE OF 1977, VACATING A PORTION OF A DRAINAGE AND UTILITY EASEMENT The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights herewith vacates a portion of that certain drainage and utility easement over and across the following described property, to wit: That part of the drainage and utility easement as dedicated on the recorded plat of NORTHWESTERN ADDITION and now to be vacated lying within Lots 1 and 2, Block 1 in said plat which lies westerly of the west line of the East 27.00 feet of said Lot 1 and northerly of the south line of the North 38.00 feet of said Lot 2. That part of the drainage and utility easement as granted in the document recorded in the Office of the Anoka County Recorder as Document No. 643516 and now to be vacated lying within Lots 1 and 2, Block 1, in NORTHWESTERN ADDITION, which lies westerly of the west line of the East 27.00 feet of said Lot 1 and northerly of the south line of the North 38.00 feet of said Lot 2. Section 2: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: November 23, 1998 The second reading of the ordinance was scheduled for December 14, 1998 at approximately 7:00 p.m. i) December Council Budget Work Session Date The Council scheduled a Council work session for December 7, 1998 immediately following the 7:00 p.m. Truth in Taxation Hearing. j) Establish Hearing Date - License Revocation, Rental Property The Council established a hearing date of December 14, 1998 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Renae Novak at 4023 Sixth Street Northeast. REGULAR COUNCIL MEET1NG NOVEMBER 23, 1998 PAGE 5 Roll call on Consent Agenda: All ayes 5. PROCLAMATIONS, INTRODUCTIONS, PRESENTATIONS AND GUESTS a) Proclamation Council President Peterson presented a proclamation designating the month of November as Home Care Month to Bob Lofthus, a representative of the home health care industry. b) Introductions of Newly-Hired Employees Sue Bain, meter reader and Adam Marshall, police officer, newly-hired employees, were introduced. c) Recognition of Board and Commission Members for Years of Service An engraved clock was presented to Bill Marshall for his many years of service on the Science, Technology and Energy Commission. Mr. Marshall advised the Council of his interest in pursuing the establishment of a City website. He reviewed what has already been done in this regard by a local resident. He was invited to attend the January 21, 1999 meeting of the Telecommunications Commission to follow up on this matter. An engraved clock was also presented to Dick Dustin for his years of service on the Economic Development Authority. Mr. Dustin recalled his previous service on the Recreation Commission. He also commented on the merit of volunteering in one's community. Three other residents were recognized for service and will receive engraved clocks. They are Nan Tilkens (Charter Commission), Gayle Norberg (Science, Technology and Energy Commission) and, Steve Riner (Science, Technology and Energy Commission). d) Guests Council President Peterson welcomed and acknowledged students from a Social Studies Class at the Columbia Heights High School. 6. PUBLIC HEARINGS a) Resolution No. 98-105; To Close a Hearing and to Adopt Resolution for Revocation This resolution addresses the property at 4724-4726 Sixth Street Northeast which is owned by Michelin Kelly. REGULAR COUNCIL MEET1NG NOVEMBER 23, 1998 PAGE 6 Fire ChiefKewatt stated that this property has been brought into compliance as of tonight. Motion by Ruettimann, second by Szurek to close the public hearing for rental property at 4724- 4726 Sixth Street Northeast, owned by Michelin Kelly, as it has been brought into compliance with the Housing Maintenance Code. Roll call: All ayes 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolution 1) Resolution No. 98-104 Being a Resolution to Levy_ Assessments Completed Under Private Construction Agreement with Petition/Waiver The City Manager advised there were four properties involved with this agreement. He noted that two property owners have already paid their assessments. It was mentioned that the resolution included an interest rate of 9 1/2% whereas other assessments had an interest rate of 8%. Motion by Ruettimann, second by Szurek to change the interest rate in Resolution No. 98-104 from 9 1/2% to 8%. Roll call: All ayes RESOLUTION NO. 98- 104 Adopting assessment roll according to the City Charter for the following local improvement and determining that said improvement has been made and ratifying and conforming an authorization by petition/waiver under the "Private Construction Agreement to remove and construct driveway aprons, curb and gutter, heretofore received: Special Assessments numbered PIR 978, Project #9800. WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 o'clock p.m. on the 23rd day of November, 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, and a notice mailed to the property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated and fixed the cost of such local improvement and has prepared an assessment roll therefore, REGULAR COUNCIL MEET1NG NOVEMBER 23, 1998 PAGE 7 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 PIR 978, Project #9800. 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 improvement in an amount not less than the amount set opposite in the column headed "Total Assessment". And this Council further finds and determines that the proper proportion of the cost of such improvements to be especially assessed against such lot or parcel of land is the amount set opposite the description of each such lot or parcel of land respectively in said assessment roll. Section 3. That said assessment may be paid in part or in full without interest on or before December 23, 1998, or in annual installments for a period of two years as designated on the assessment roll, payable on or before the 15th day of September, annually, with 8% interest thereon. 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 as Local Improvement numbered PIR 978, Project #9800. Section 5. This resolution shall take effect immediately upon its passage. Passed this 23rd day of November, 1998. Offered by: Ruettimann Seconded by: Szurek Roll Call: All ayes Gary Peterson, Council President Jo-Anne Student, Secretary to the Council REGULAR COUNCIL MEET1NG NOVEMBER 23, 1998 PAGE 8 The City Attorney advised that staff must notify all affected property owners regarding the change in interest as this is a statutory requirement. 2) Second Reading of Ordinance No. 1378 Adopting Minnesota State Building Code It was noted that the effective date of Ordinance No. 1378 was changed to January 1, 1999 administratively. Motion by Ruettimann, second by Szurek to waive the reading of the ordinance there being ample copies available for the public. ORDINANCE NO. 1378 ADOPTING THE MINNESOTA STATE BUILDING CODE BEING AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE. THIS ORDINANCE PROVIDES FOR THE APPLICATION, ADMINISTRATION, AND ENFORCEMENT OF THE MINNESOTA STATE BUILDING CODE BY REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA, AND MAINTENANCE OF ALL BUILDINGS AND/OR STRUCTURES IN THIS MUNICIPALITY; PROVIDES FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREOF; PROVIDES PENALTIES FOR VIOLATION THEREOF; REPEALS ALL OF ORDINANCE 1344 AND ALL ORDINANCES AND PARTS OF ORDINANCES THAT CONFLICT THEREWITH. The City of Columbia Heights does ordain: Section 1. Application, Administration and Enforcement. The application, administration, and enforcement of the code shall be in accordance with Minnesota rule part 1300.2100 and as modified by Chapter 1305. The code shall be enforced within the extraterritorial limits permitted by Minnesota Statute 16B.62 subdivision 1 when so established by this ordinance. The code enforcement agency of the City of Columbia Heights is called the Protective Inspections Department. A Minnesota certified Building Official must be appointed by this jurisdiction to administer the code (Minnesota Statute 16B.65). REGULAR COUNCIL MEET1NG NOVEMBER 23, 1998 PAGE 9 Section 2. Permits and Fees. The issuance of permits and the collection of fees shall be as authorized in Minnesota Statute 16B.62 subdivision 1 and as provided for in Chapter 1 of the 1997 Uniform Building Code and Minnesota rules parts 1305.0106 and 1305.0107. Permit fees shall be assessed for work governed by this code in accordance with the 1997 Uniform Building Code Table No. 1-A of this ordinance. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minnesota Statute 16B.70. Section 3. Violations and Penalties. A violation of the code is a misdemeanor (Minnesota Statute 16B.69). Section 4. Building Code. The Minnesota State Building Code, established pursuant to Minnesota Statutes 16B. 59 to 16B.75 is hereby adopted as the building code for this jurisdiction. The code is hereby incorporated in this ordinance as if fully set out herein. The Minnesota 1. 2. 3. 4. 6. 7. 8. 9. 10. 11 12 13 14 15 16 17 State Building Code includes the following Chapter of Minnesota Rules: 1300 Minnesota Building Code 1301 Building Official Certification 1302 State Building Construction Approvals 1305 Adoption of the 1997 Uniform Building Code including appendix Chapters. f. 1307 1315 1325 1330 1335 1340 1346 1350 1360 1361 1370 4715 7670 3, Division I, Detention and Correctional Facilities 12, Division II, Sound Transmission Control 15, Reroofing 16, Division I, Snowload Design 29, Minimum Plumbing Fixtures 31, Division II, Membrane Structures Elevators and Related Devices Adoption of the 1996 National Electrical Code Solar Energy Systems Fallout Shelters Floodproofing Regulations Facilities for the Handicapped Adoption of the 1991 Uniform Mechanical Code Manufactured Homes Prefabricated Buildings Industrialized/Modular Buildings Storm Shelters (Manufactured Home Parks) Minnesota Plumbing Code Minnesota Energy Code REGULAR COUNCIL MEET1NG NOVEMBER 23, 1998 PAGE 10 The City of Columbia Heights may adopt by reference all of the following optional appendix chapters of the 199 7 Uniform Building Code as authorized by Minnesota rule part 1305.0020 subpart 2: 3, Division III, 1992 One and Two Family Dwelling Code; 33, Excavation and Grading. The following optional appendix chapters of the 1997 Uniform Building Code are hereby adopted and incorporated as part of the building code for the City of Columbia Heights. 1. 1992 One and Two Family Dwelling Code 2. Excavation and Grading Section 5: This Ordinance shall be in full force and effect January 1, 1999 after its passage. First Reading: Second Reading: Date of Passage: November 9, 1998 November 23, 1998 November 23, 1998 Offered by: Ruettimann Seconded by: Szurek Roll call: All ayes Gary Peterson, Council President Jo-Anne Student, Council Secretary B. Bid Considerations 1) Telephone System Consultants The Finance Director advised that staff conducted interviews and received formal bids from several consultants. The Telecommunications Commission reviewed the proposals received. Councilmember Ruettimann stated he is not convinced that a consultant is needed at this point in time. He felt more information should be gotten before a consultant is hired. Motion by Ruettimann, second by Szurek to table this item for additional information to be brought back to the City Council at a work session and to the Telecommunications Commission. Roll call: All ayes REGULAR COUNCIL MEET1NG NOVEMBER 23, 1998 PAGE 11 C. Other Business 1) Conditional Use Permit - Case #9811-47, 1400 49th Avenue Northeast The City Planner reviewed the request for the conditional use permit. Discussion continued regarding the conditions as recommended by the Planning and Zoning Commission. In response to the concerns expressed about curbing and parking lots, Council President Peterson said no changes need to be made to the stated conditions. Dr. Behlow, School Superintendent, stated that all of the school parking lots have bumper curbs. Motion by Ruettimann, second by Szurek to approve the conditional use permit for the Family Center addition to the High School at 1400 49th Avenue Northeast, subject to the following conditions: 1) All required state and local codes, permits and inspections will be met and in full compliance. 2) All loading and unloading areas along with circulation routes will be clearly marked. 3) The existing parking lots shall be brought into compliance with the Zoning Ordinance and parking stalls and circulation routes shall be clearly marked in accordance with a plan reviewed and approved by staff. 4) All fire lanes on the site shall be brought into compliance and a revised site plan shall be submitted for final review and approved by staff. 5) Drainage and grading plans will need to be reviewed and approved by the Public Works Department prior to the issuance of any building permit. Roll call: All ayes 8. ADMINISTRATIVE REPORTS A. Report of the City Manager 1) Disposition of Timothy House: The City Manager advised that the contract for the Timothy House had not been renewed. The residents of the group home will be moved. The Police Captain relayed this information which was received from the landlord of the property on 45 lA Avenue. The City Manager will notify the resident from that area who stated his concerns with the operation at a prior Council meeting. 2) Resident Complaint: Councilmember Ruettimann inquired what progress had been made regarding complaints relative to the City's liquor store on University Avenue. He stated he had received a call from a resident in the area who had stated her concerns at a prior Council meeting. She noted she had not been contacted by staff regarding her complaints. REGULAR COUNCIL MEET1NG NOVEMBER 23, 1998 PAGE 12 The City Manager responded she had been contacted and her statement was not accurate. He will follow up on this again. He also advised the Council he is meeting with another business person in the area of the liquor store to discuss matters of mutual concern. 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 Minutes of the November 9, 1998 Library Board Meeting and minutes of the November 10, 1998 Planning and Zoning Commission Meeting were included in the agenda packet. These were for informational purposes only and required no Council action. 10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. The citizen is requested to limit their comments to five minutes. Please note, the public may address the Council regarding specific agenda items at the time the item is being addressed.) There were no residents in attendance for Citizens Forum. 11. ADJOURNMENT Motion by Ruettimann, second by Szurek to adjourn the Council Meeting at 8:03 p.m. Roll call: All ayes Gary Peterson, Council President Jo-Anne Student, Council Secretary