HomeMy WebLinkAboutDecember 14, 1998OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
DECEMBER 14, 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
(The Council, upon majority vote of its members, 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.)
Due to a change in the amount of the final payment, the Public Works Director requested that
item 4-y Final Payment for Street Rehabilitation be removed from the Consent Agenda for
consideration immediately following.
4. CONSENT AGENDA
(These items are considered to be routine by the City Council and will be 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 Szurek, second by Sturdevant to approve the Consent Agenda as follows:
a) Minutes for Approval
The Council approved the minutes of the November 23, 1998 Regular Council Meeting as
presented.
b) Establish Council Work Session for January_ 1999
The Council established Monday, January 4, 1999 at 7:00 p.m. as the date and time for a
Council work session.
c) Final Payment for Library Roof
The Council accepted the re-roofing project at the Library and authorized final payment of
$16,505.90 to Dalco Roofing and Sheet Metal.
d) Resolution No. 98-114, 1999 Seasonal and Temporary_ Wage Adjustments
The Council waived the reading of the resolution there being ample copies available for
the public.
REGULAR COUNCIL MEET1NG
DECEMBER 14, 1998
PAGE 2
RESOLUTION NO. 98-114
ADOPTING CHANGES IN WAGE RANGES AND ESTABLISHING WAGES FOR
TEMPORARY PART TIME LIBRARY POSITIONS, SEASONAL PUBLIC WORKS
POSITIONS, SEASONAL/TEMPORARY RECREATION POSITIONS, AND BIKE
PATROL OFFICER
WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for
Non-Unionized City Employees effective January 1, 1980 (Resolution 80-47), which
indicated that on an annual basis, changes will be adopted in Wage Ranges, based upon
reliable survey data.
NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights establishes
wage ranges for non-unionized temporary part-time Library position, seasonal Public
Works positions, seasonal/temporary Recreation positions, and bike patrol officer, an
indicated on Schedule I, II, III, and IV, which are on file in the Office of the City
Manager; and
BE IT FURTHER RESOLVED, that such schedules are effective January 1, 1999.
Passed this 14th day of December, 1998.
Offered by: Szurek
Seconded by: Sturdevant
Roll call: All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
e) Resolution No. 98-106 Being a Lotsplit for 1923 40th Avenue Northeast and 4020
Arthur Street
The reading of the resolution was waived there being ample copies available for the public.
RESOLUTION NO. 98 - 106
SUBDIVISION REQUEST
CITY OF COLUMBIA HEIGHTS
590 - 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421
REGULAR COUNCIL MEETING
DECEMBER 14, 1998
PAGE 3
I, George W. Knoll, Jr., hereby request a split of PiN 36 30 24 42 0027, Legally described
as;
That part of Lot 9, Block 17, AUDITOR'S SUBDIVISION OF WALTON'S SECOND
SUBDIVISION lying east of a line drawn parallel with and 130 feet west of the East line
of Lot 10 and all of Lot 10, Block 17, AUDITOR'S SUBDIVISION OF WALTON'S
SECOND SUBDIVISION,
Except
The South 70 feet of the North 120 feet of Lot 10 and that part of the South 70 feet of the
North 120 feet of Lot 9, lying east of a line 130 feet west of the East line of Lot 10, All in
Block 17, AUDITOR' S SUBDIVISION OF WALTON' S SECOND SUBDIVISION,
Anoka County, Minnesota,
Except
The North 50 feet of Lot 10, Block 17, and that part of the North 50 feet of Lot 9, Block
17, lying east of a line 130 feet west of the East line of Lot 10, Block 17, AUDITOR'S
SUBDIVISION OF WALTON'S SECOND SUBDIVISION, Anoka County, Minnesota.
THE DESCRIPTION HENCEFORTH TO BE:
That part of Lot 10, Block 17, AUDITOR'S SUBDIVISION OF WALTON'S
SECOND SUBDIVISION, Anoka County, Minnesota, described as follows:
Beginning at the point of intersection of the East line Lot 10 and the South line of
the North 120 feet of Lot 10; thence south 00 degrees 16 minutes 11 seconds east
(astronomic bearing based on solar observation), along the East line of Lot 10, A
distance of 30 feet; thence south 89 degrees 33 minutes 06 seconds west, parallel
with the South line of the North 120 feet of Lot 10, a distance of 82.16 feet;
thence north 33 degrees 36 minutes 01 seconds west, a distance of 35.83 feet to
the South line of the North 120 feet of Lot 10; thence north 89 degrees 33 minutes
06 seconds east, along the South line of the North 120 feet of Lot 10, a distance of
101.85 feet to the point of beginning. TO BE COMBINED WITH PIN 36-30-24-
42-0028, 4020 ARTHUR ST.
(Remainder) That part of Lot 9, Block 17, AUDITOR'S SUBDIVISION OF
WALTON'S SECOND SUBDIVISION lying east of a line drawn parallel with
and 130 feet west of the East line of Lot 10 and all of Lot 10, Block 17,
AUDITOR'S SUBDIVISION OF WALTON'S SECOND SUBDIVISION,
REGULAR COUNCIL MEET1NG
DECEMBER 14,1 998
PAGE 4
Except
The South 70 feet of the North 120 feet of Lot 10, and that part of the South 70
feet of the North 120 feet of Lot 9, lying east of a line 130 feet west of the East
line of Lot 10, and that part of Lot 10 described as follows: Beginning at the point
of intersection of the East line of Lot 10 and the South line of the North 120 feet
of Lot 10; thence south 00 degrees 16 minutes 11 seconds east (astronomic
bearing based on solar observation), along the East line of Lot 10, a distance of
30.00 feet; thence south 89 degrees 33 minutes 06 seconds west, parallel with the
South line of the North 120 feet of Lot 10, a distance of 82.16 feet; thence north
33 degrees 36 minutes 01 seconds west, a distance of 35.83 feet to the South line
of the North 120 feet of Lot 10; thence north 89 degrees 33 minutes 06 seconds
east, along the South line of the North 120 feet of Lot 10, a distance of 101.85 feet
to the point of beginning; all in Block 17, AUDITOR'S SUBDIVISION OF
WALTON'S SECOND SUBDIVISION, Anoka County, Minnesota.
Except
The North 50 feet of Lot 10, Block 17; and that part of the North 50 feet of Lot 9,
Block 17, lying east of a line 130 feet west of the East line of Lot 10, Block 17,
AUDITOR'S SUBDIVISION OF WALTON'S SECOND SUBDIVISION,
Anoka County, Minnesota.
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, are 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:
Signature of Owner, Notarized
This lst__ day of_December, 1998
Offered by: Ramsdell
Seconded by: Fowler
Roll Call: 4 ayes 1 abstain
1923 - 40th Ave., Columbia Heights
Owner' s Address
Telephone No. 612-788-7087
REGULAR COUNCIL MEET1NG
DECEMBER 14, 1998
PAGE 5
Zoning Officer
CITY COUNCIL ACTION:
APPROVED
SUBSCRIBED AND SWORN TO
BEFORE ME
this 20th __ day of November., 1998__.
Jane Gleason
Notary Public
This 14th day of December, 1998.
Offered by: Szurek
Seconded by Sturdevant
Roll Call: All ayes
Jo-Anne Student, Council Secretary
Joseph Sturdevant, Mayor
FEES150.00 DATEPAID 11/12/98 RECEIPT No. : 37943
The Council also approved a variance of five feet at 4020 Arthur Street because of tree
location on the property creates a hardship.
f) Minor Amendments to Six Cities Water Management Organization (WMO)
The Council approved the amending of the Joint Powers Agreement for the Six Cities
Watershed Management Organization dated 1998.
g) Purchase of Construction Materials for a Salt Storage Facility
The Council approved the purchase of construction materials to construct a salt storage
facility in the Municipal Service Center yard with funds to be taken from 101-43121-2160
in an amount not-to-exceed $15,000.
h) Appropriation of Reimbursed Grant Funds to Public Works Department Budget
The Council approved the appropriation of $15,652, the total amount reimbursed from
FEMA from the General Fund Revenue, to the Public Works Department's 1998 budget.
i) Resolution No. 98-113 Being a Resolution Adopting Snow and Ice Control Policy
The reading of the resolution was waived there being ample copies available for the public.
REGULAR COUNCIL MEET1NG
DECEMBER 14, 1998
PAGE 6
RESOLUTION NO. 98-113
RESOLUTION ADOPTING THE SNOW AND ICE CONTROL POLICY
WHEREAS, a Snow and Ice Control Policy has been developed and recommended by
City staff; and
WHEREAS, adoption of said policy has been determined to be in the best interest of the
City of Columbia Heights,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia
Heights that said Snow and Ice Control Policy is hereby approved and adopted.
Dated this 14th day of December, 1998.
Offered by: Szurek
Seconded by: Sturdevant
Roll call: All ayes
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 14th day of Minnesota, 1998, as
disclosed by the records of said City in my possession.
Jo-Anne Student
Deputy City Clerk
j) Resolution No. 98-112 Being a Resolution Requesting Mn/DOT Consideration of a
Cost Sharing Cooperative Agreement for Construction of a Traffic Corridor Cooperative
Improvement Program
The reading of the resolution was waived there being ample copies available for the public.
REGULAR COUNCIL MEETING
DECEMBER 14, 1998
PAGE 7
RESOLUTION NO. 98-112
RESOLUTION REQUESTING MN/DOT CONSIDERATION OF A COST SHARING
COOPERATIVE AGREEMENT FOR CONSTRUCTION OF A TRAFFIC CORRIDOR
COOPERATIVE IMPROVEMENT PROGRAM
WHEREAS, the City of Columbia Heights proposes to make certain intersection
improvements at the intersection of Trunk Highway 65
WHEREAS, the improvements will benefit both the City of Columbia Heights and the
Minnesota Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia
Heights that the City shall be responsible for the preliminary engineering, project design,
right-of-way acquisition and permitting functions of said improvements; and
BE IT FURTHER RESOLVED that the construction costs of the improvements be shared
between the Minnesota Department of Transportation and the City of Columbia Heights;
and
BE IT FURTHER RESOLVED, that the following approval by the Minnesota
Department of Transportation of plans and specifications for said improvements, and
before the contract letting for the construction of said improvements, the Minnesota
Department of Transportation shall prepare an agreement to provide for the State to pay
its share of the costs of the improvements in accordance with the latest "Procedures for
Cooperative Projects with Municipalities."
Dated this 14th day of December, 1998.
Offered by: Szurek
Seconded by: Sturdevant
Roll call: All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
REGULAR COUNCIL MEET1NG
DECEMBER 14, 1998
PAGE 8
k) First Reading of Ordinance No. 1382 Being an Ordinance Amending City Code
Pertaining to Background Checks
The reading of the ordinance was waived there being ample copies available for the public.
ORDINANCE NO. 1382
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853
CITY CODE OF 1977, PERTAINING TO BACKGROUND CHECKS
WHEREAS, the City of Columbia Heights is a participant in a program known as "Crime
Free Multi Housing," a major concept of this program is the screening of new tenants by the
property owners for the protection of local residents, property owners, tenants, and the
overall public safety of the community;
WHEREAS, part of said screening consists of a Minnesota criminal history check through the
Minnesota Bureau of Criminal Apprehension;
WHEREAS, the Minnesota Bureau of Criminal Apprehension requires that a city have a city
ordinance authorizing the city to run Minnesota criminal history checks for the purpose of
screening potential tenants of rental property; and
WHEREAS, this is a process that will be beneficial to the residents of Columbia Heights and
its property owners;
NOW THEREFORE BE IT ORDAINED by the City Council of the City of Columbia
Heights that the Columbia Heights Code of 1977 be amended by adding Article IV, Section
11, as follows:
5A.411(1).
That for the protection of local residents, property owners, tenants, and the
overall public safety of the community, the Columbia Heights Police
Department is hereby authorized to conduct Minnesota criminal history
checks for the purpose of screening potential tenants of real property, subject
to the following conditions:
a) a request is made by the property owner/landlord in writing
b)
a signed consent form from the subject of the check is received by the Columbia
Heights Police Department
c)
authorization is received from the subject of the check to release said information
to the property owner/landlord
REGULAR COUNCIL MEETING
DECEMBER 14, 1998
PAGE 9
d)
the purpose and use of said information is solely for assisting in the screening of
potential tenants.
This ordinance shall be in full force and effect from and after thirty (30) days after its passage.
First reading: December 14, 1998
The second reading of Ordinance No. 1382 was scheduled for December 28, 1998 at
approximately 7:00 p.m.
1) Resolution No. 98-107 Being a Resolution Establishing Senior Citizen Eligibility Standards
The reading of the resolution was waived there being ample copies available for the public.
RESOLUTION NO. 98-107
RESOLUTION ESTABLISHING SENIOR CITIZEN ELIGIBILITY STANDARDS FOR
REFUSE, SEWAGE DISPOSAL AND WATER SUPPLY UTILITY RATES
WHEREAS, the City Council has previously established eligibility standards for senior
citizens for Refuse Service, Disposal and Water Supply; and
WHEREAS, it has been the City's practice to maintain uniform eligibility standards whenever
possible:
NOW, THEREFORE, BE IT RESOLVED by the City of Columbia Heights as follows:
1. That anyone over 62 years of age with a maximum household income of $17,200 will be
eligible for reduced rates.
BE IT FURTHER RESOLVED that the above eligibility standard be effective January 1,
1999.
Passed this 14th day of December, 1998.
Offered by:
Seconded by:
Roll call:
REGULAR COUNCIL MEETING
DECEMBER 14, 1998
Szurek
Sturdevant
All ayes
PAGE 10
m) Resolution No. 98-108 Being a Resolution Designating Depositories for City Funds of the
City of Columbia Heights
The reading of the resolution was waived there being ample copies available for the public.
RESOLUTION NO. 98-108
RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES AND SAFE DEPOSIT
ACCESS FOR THE CITY OF COLUMBIA HEIGHTS
IT IS HEREBY RESOLVED, that Northeast State Bank and Norwest Bank are hereby
designated as depositories of the funds of this corporation.
IT IS FURTHER RESOLVED, that checks, drafts, or other withdrawal orders issued against
the funds of this corporation on deposit with said banks shall be signed by the following:
Mayor
City Manager
Clerk-Treasurer
and that said banks are hereby fully authorized to pay and charge to the account of this
corporation any checks, drafts, or other withdrawal orders.
BE IT FURTHER RESOLVED, that the Northeast State Bank and Norwest Bank as
designated depositories of the corporation be and it is hereby requested, authorized and
directed to honor checks, drafts and other orders for the payment of money drawn in this
corporation's name, including those drawn to the individual order of any person or persons
whose name or names appear thereon as signer or signers thereof, when bearing or purporting
to bear the facsimile signatures of the following:
Mayor
City Manager
Clerk-Treasurer
and that the Northeast State Bank and Norwest Bank shall be entitled to honor and to charge
this corporation for all such checks, drafts and other orders, regardless of by whom or by
what means the facsimile signature or signatures thereon may have been affixed thereto, if
such facsimile signature or signatures resemble the facsimile specimens duly certified to or
filed with the Banks by the City Clerk or other officer of his corporation.
REGULAR COUNCIL MEETING
DECEMBER 14, 1998
PAGE 11
BE IT FURTHER RESOLVED, that any and all resolutions heretofore adopted by the City
Council of the corporation and certified as to governing the operation of this corporation's
account(s) with it, be and are hereby continued in full force and effect, except as the same
may be supplemented or modified by the foregoing part of this resolution.
BE IT FURTHER RESOLVED, that all transactions, if any relating to deposits, withdrawals,
re-discounts and borrowings by or on behalf of this corporation with said banks prior to
adoption of this resolution be, and the same hereby are, in all things ratified, approved and
confirmed.
BE IT FURTHER RESOLVED, that any bank or savings and loan located in the State of
Minnesota may be used as depositories for investments purposes so long as the investments
comply with authorized investments as set forth in Minnesota Statutes.
BE IT FURTHER RESOLVED, that any brokerage firm located in the State of Minnesota
may be used as a depository for investment purposes so long as the investments comply with
the authorized investments as set forth in Minnesota Statutes.
BE IT FURTHER RESOLVED, that the signatures of any one of the following named City
employees are required for access to safe deposit boxes:
Finance Director
City Manager
Assistant Finance Director
Accounting Coordinator
Passed this 14th day of December, 1998
Offered by: Szurek
Seconded by: Sturdevant
Roll call: All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
n) Resolution No. 98-110 Regarding Approving Special Law 1997 Chapter 231, Article 10,
Sections 12, 13, Authorizing the Housing Replacement District
The reading of the resolution was waived there being ample copies available for the public.
REGULAR COUNCIL MEETING
DECEMBER 14, 1998
PAGE 12
RESOLUTION NO. 98-110
RESOLUTION APPROVING SPECIAL LAW 1997 CHAPTER 231, ARTICLE 10,
SECTIONS 12, 13, AUTHORIZING THE HOUSING REPLACEMENT DISTRICT
WHEREAS, the City of Columbia Heights desired a scattered site housing replacement
district, and
WHEREAS, special law 1997 Chapter 231, Article 10, sections 12, 13, established a special
law authorizing the designation of up to 50 parcels in the City to be included in a housing
replacement district,
THEREFORE, BE IT RESOLVED that the City Council of the City of Columbia Heights
approves law 1997 Chapter 231, Article 10, sections 12, 13 designating the housing district.
Passed this 14th day of December, 1998.
Offered by: Szurek
Seconded by: Sturdevant
Roll call: All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
o) Resolution No. 98-111 Regarding Approving Special Law 1998 Chapter 390, Article 7,
Section 1 Establishing the Board of Directors of the Columbia Heights Volunteer Fire
Department Relief Association
The reading of the resolution was waived there being ample copies available for the public.
RESOLUTION NO. 98-111
RESOLUTION APPROVING SPECIAL LAW 1998 CHAPTER 390, ARTICLE 7,
SECTION 1, ESTABLISHING THE BOARD OF DIRECTORS OF THE COLUMBIA
HEIGHTS VOLUNTEER FIRE DEPARTMENT RELIEF ASSOCIATION AND
DESIGNATING A DEF1NED CONTRIBUTION PENSION PLAN
WHEREAS, the City of Columbia Heights desired to have the Board of Directors of the
Columbia Heights Volunteer Fire Department Relief Association structured in accordance
with State statutes, and
REGULAR COUNCIL MEETING
DECEMBER 14, 1998
PAGE 13
WHEREAS, the City of Columbia Heights desired to have the current pension plan convert
from a defined benefit to a defined contribution plan, and
WHEREAS, the City Council requested special legislation to accomplish this,
THEREFORE, BE IT RESOLVED that the City Council of the City of Columbia Heights
approves law 1998 Chapter 390, Article 7, Section 1 in relationship to the Columbia Heights
Volunteer Fire Department Relief Association.
Passed this 14th day of December, 1998.
Offered by: Szurek
Seconded by: Sturdevant
Roll call: All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
p) First Reading of Ordinance No. 1381 Being an Amendment Regarding Participation in
Loud Parties
The reading of the ordinance was waived there being ample copies available for the public.
ORDINANCE NO. 1381
BEING AN ORDINANCE AMENDING ORDINANCE 994, CITY CODE OF 1977
PARTICIPATION IN LOUD PARTIES AND GATHERINGS
Currently, the ordinance reads as follows:
10.312(3) Any owner or person in charge of the building or place who has knowledge of the
disturbance and fails to immediately abate said disturbance upon order of a police officer shall
be guilty of a violation of this section.
Is herewith amended to read as follows:
10.312(3) Any owner, RENTER, or person in charge of the building or place FROM WHICH
A disturbance EMANATES and THOSE PRESENT fail to immediately abate said
disturbance upon order of a police officer shall be guilty of a violation of this section.
REGULAR COUNCIL MEET1NG
DECEMBER 14, 1998
PAGE 14
First Reading:
December 14,1998
The second reading of Ordinance No. 1381 was scheduled for December 28, 1998 at 7:00
p.m.
q) Designating an Official Newspaper for 1999
The Council designated the Focus News as the official City newspaper in 1999 and authorized
the Mayor and City Manager to enter into an agreement with Focus News for required
publications.
r) City Hall Duct Cleaning
The Council approved awarding the City Hall duct cleaning to Metro Cleaning Services, Inc.
based upon their low, qualified, responsible bid in the amount of $3,600.00 with funds to be
appropriated from 101-41940-5120 and authorized the Mayor and City Manager to enter into
an agreement for the same.
s) Establish Hearing Dates - License Revocations, Rental Properties
The Council established a hearing date of December 28, 1998 for revocation or suspension
of a license to operate a rental property within the City of Columbia Heights against the
following properties/property owners:
Heidi VonHeideman at 3718 Central Avenue Northeast
Sharon Vermeer at 615 40th Avenue Northeast
Janene Unke at 4357-59 Seventh Street Northeast
Thomas Ferrara at 1035-1037 43 lA Avenue Northeast
Mulji Patel at 939-941 42 lA Avenue Northeast
Gordon Hines at 5007-5009 Jackson Street Northeast
t) Re-Issue Rental Housing License After Revocation
The Council re-issued a rental housing license to Amy Wazwaz to operate the rental property
located at 1013-1015 43 lA Avenue Northeast in that the provisions of the Housing
Maintenance Code have been complied with.
u) Resolution No. 98-116 Establishing Special Assessment Deferral
The reading of the resolution was waived there being ample copies available for the public.
RESOLUTION NO. 98 - 116
BEING A RESOLUTION ESTABLISHING SENIOR CITIZENS OR RETIRED
AND DISABLED PERSONS HARDSHIP SPECIAL ASSESSMENT DEFERRAL
REGULAR COUNCIL MEET1NG
DECEMBER 14, 1998
PAGE 15
Whereas, immediate payment of special assessments or installments on special assessments
cast an undue hardship on some persons owning homestead properties who are 65 years of
age or older or retired by virtue of a permanent and total disability for whom it would be a
hardship to make payments, and
Whereas, Minnesota Statutes {}435.193 - 435.195 makes it possible for a home rule charter
city to pass a resolution establishing standards and guidelines for determining the existence
of a hardship and for determining the existence of a disability.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLUMBIA HEIGHTS:
1. This deferral procedure shall apply only to assessments which are payable in five or more
annual installments.
This deferral procedure shall apply only to property owned and occupied by the elderly,
retired, or disabled applicant. Ownership and occupancy must be of the same nature as
would qualify the applicant for a homestead exemption for tax purposes.
This deferral procedure shall apply only to homestead property owned by a person 65
years of age or older or retired by virtue of a permanent and total disability for whom it
would be a hardship to make payments. Permanent and total disability shall have the same
definition for purposes of assessment deferral as is used for social security purposes.
This deferral procedure shall not be construed as to prohibit the determination of hardship
on the basis of exceptional and unusual circumstances not covered by the standards and
guidelines herein so long as determination is made in a nondiscriminatory manner and
does not give the applicant an unreasonable preference or advantage over other
applicants.
5. In order to obtain a deferral of an assessment, the homeowner must make application on
the forms prescribed by the City of Columbia Heights Assessment Clerk.
In granting a deferred assessment, the Council shall determine in its resolution approving
the assessment roll the amount of interest, if any, to be charged on the deferred
assessment.
The option of the homeowner to defer the payment of special assessments shall terminate
and all amounts accumulated plus applicable interest shall become due and payable upon
the occurrence of any of the following events:
REGULAR COUNCIL MEETING
DECEMBER 14, 1998
PAGE 16
the death of the owner, provided that the spouse is not otherwise eligible for
benefits hereunder;
b. the sale, transfer or subdivision of the property or any part thereof;
c. if the property should for any reason lose its homestead status; or
if for any reason the City shall determine that there would be no hardship to require
immediate or partial payment.
8. No deferral may be granted unless the homeowner makes application to the City
Assessment Clerk within thirty (30) days after adoption of the assessment by the Council.
The deferral shall apply to only 50% of the annual installment payment. If the 50% is not
paid in a timely manner, the balance of the annual installment along with all future
installments shall become immediately due and payable.
10.
No deferral shall be granted to any owner who has a gross annual household income
from all sources in excess of $17,200.00.
11.
No deferral may be continued from year to year unless the owner shall file a renewal
application before September 15th of each year.
12.
No special assessment may be deferred for a period longer than the time set by the
Council as the time over which the project is to be assessed.
13.
Interest on deferred assessments shall be at the rate set by the Council in its
resolution adopting the assessment roll, and such interest shall be added to the
amount deferred and shall be paid in accordance with Minnesota Statute {}435.195
and this Resolution.
Passed this 14th day of December, 1998.
Offered by: Szurek
Seconded by: Sturdevant
Roll Call: All ayes
Joseph Sturdevant, Mayor
Jo-Anne Student, Council Secretary
REGULAR COUNCIL MEET1NG
DECEMBER 14, 1998
PAGE 17
v) Authorization to Obtain Price Quotes for Printing and Mailing the 1999 City Newsletter
The Council authorized staff to obtain price quotes for printing and mailing the 1999 "Heights
Happenings" city newsletters.
w) Central Avenue Median Left Turn Lane Installation at 37th Avenue
The Council authorized expenditures from the City's State Aid Account for median work on
Central Avenue at 37th Avenue from Fund 212-43190-5130.
x) Final Payment for Miscellaneous Concrete Project #9800
The Council authorized Contract Change Order No. 1 for additional work added to the
contract by the City to Ron Kassa Construction, Inc. in the amount of $14,622.61 with
funding out of the appropriate funds.
y) Final Payment for Street Rehabilitation - Removed from Consent Agenda
z) Request for School Zone on 49th Avenue (west of Central Avenue)
The Council approved the requesting of Anoka County to establish a school zone on 49th
Avenue Northeast from Monroe Street to Central Avenue with reduced and flashing amber
lights when children are present based on a recommendation of the Traffic Commission.
aa) Extension of GIS Range Rider Contract
The Council approved an extension to the GIS Joint Powers Agreement and authorized the
Mayor and City Manager to enter into an agreement for the same.
bb) Approval of License Applications and Rental Housing License Applications as Listed in
the Memo Dated November 24, 1998 from ChiefKewatt
The Council approved the license applications as listed and the rental housing license
applications as listed in the memo dated November 24, 1998 from ChiefKewatt.
cc) Payment of Bills
The Council approved the payment of the bills as listed.
dd) Adopting Orders - Basic Tier Rates and Equipment Rates
The reading of the Orders was waived there being ample copies available for the public.
ORDER
REGARDING THE REVIEW OF FORM 1240 (BASIC TIER RATES)
SUBMITTED BY MEDIA ONE
WHEREAS, the City of Columbia Heights (hereinafter "City") is certified as a rate regulatory
authority pursuant to the rules of the Federal Communications City (hereinafter "FCC");
REGULAR COUNCIL MEET1NG
DECEMBER 14, 1998
PAGE 18
WHEREAS, the City has notified MediaOne fka Meredith Cable (hereinafter "Company")
that the Company is subject to the rate regulatory authority of the City.
WHEREAS, the City has received from the Company an FCC Form 1240 Updating
Maximum Permitted Rates for Regulated Cable Services on or about September 30, 1997;
WHEREAS, the Form 1240 filing implicates the City's authority to regulate Basic Tier rates
in requesting an increase in the Company's maximum permitted equipment rates, on a going
forward basis;
WHEREAS, the City has reviewed FCC Form 1240 to ensure that the proposed rates are
within the FCC standards for such rates;
WHEREAS, the City's legal counsel retained accounting expert to solicit, review, and analyze
additional information related to said review by the City, staff, and consultants;
WHEREAS, the City has determined, and the Company has acknowledged, that the
Company's Form 1240 rate filing produces a" maximum permitted rate" which exceeds
permissible levels pursuant to FCC regulations due to overstatement of certain
costs/expenses;
WHEREAS, the City has further determined that the Company's actual charges for the Basic
Tier are sufficiently below the "maximum permitted rate" such that no refunds are due and
no changes to rates charged necessary;
WHEREAS, the City has determined that the Company must "true up" any overstatement of
costs and the resultant "maximum permitted rate" in the Company's 1999 FCC Form 1240
rate filing, which the City has received;
NOW, THEREFORE, IT IS HEREBY ORDERED by the City that the Company's FCC
Form 1240 filing for 1998 is not accepted.
FURTHER, no adjustment to 1998 rates or refunds are required,
FURTHER, that no action may be reconsidered upon review of the Company's Form 1240
filing for 1999,
FURTHER, that this Order shall be effective immediately.
Passed this 14th day of December, 1998.
Offered by: Szurek
Seconded by: Sturdevant
Roll call: All ayes
REGULAR COUNCIL MEET1NG
DECEMBER 14, 1998
PAGE 19
ORDER
REGARDING THE REVIEW OF FORM 1205 (EQUIPMENT RATES)
SUBMITTED BY MEDIAONE
WHEREAS, the City of Columbia Heights (hereinafter "City") is certified as a rate regulatory
authority pursuant to the rules of the Federal Communications City (hereinafter "FCC");
WHEREAS, the City has notified MediaOne fka Meredith Cable (hereinafter "Company")
that the Company is subject to the rate regulatory authority of the City;
WHEREAS, the City has received form the Company an FCC Form 1205 Determining
Regulated Equipment and Installation Costs "Equipment Form" on or about September 30,
1997;
WHEREAS, the Form 1205 filing implicates the City's authority to regulate equipment rates
in requesting an increase in the Company's maximum permitted equipment rates, on a going
forward basis;
WHEREAS, the City has received FCC Form to ensure that the proposed rates are within the
FCC standards for such rates;
WHEREAS, the City has determined, that the Company's Form 1205 equipment rate filing
is reasonable pursuant to FCC regulations;
NOW, THEREFORE, IT IS HEREBY ORDERED by the City that the Company's FCC
Form 1205 filing for 1998 is accepted.
FURTHER that this Order shall be effective immediately.
Passed this 14th day of December, 1998.
Offered by: Szurek
Seconded by: Sturdevant
Roll call: All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
REGULAR COUNCIL MEETING
DECEMBER 14, 1998
PAGE 20
ee) Performance Report for Local Performance Aid
The Council received and accepted the 1998 performance report for Local Performance Aid
dated December 1, 1998.
Roll call on Consent Agenda: All ayes
4-y) Final Payment for Street Rehabilitation - Zone 3 (previously removed from Consent
Agenda)
The Public Works Director advised that a revised Council Letter and corrected dollar
amounts for the final payment were on the Council table.
Motion by Sturdevant, second by Jolly to authorize Change Order No. 3 for water service
work, storm sewer work, bituminous leveling course and concrete driveway to Midwest
Asphalt Corporation in the amount of $28,020.00 with funding out of the Water Construction
Fund 651 in the amount of $2,670.80; Sewer Construction Fund 652 of $5,515.20 and the
Infrastructure Fund 430 of $19,834.00. Roll call: All ayes
Motion by Sturdevant, second by Jolly to accept the work for 1998 Street Rehabilitation, City
Project Numbers 9703, 9704, 9705, 9706, 9707, 9708, 9709, 9710, 9723, 9724, 9725, 9726,
9727, 9728, 9729, 9730, 9731, 9732 and 9743; and authorize final payment of $69,942.06
to Midwest Asphalt Corporation of Hopkins, Minnesota. Roll call: All ayes
5. PROCLAMATIONS, INTRODUCTIONS, PRESENTATIONS AND GUESTS
a) Introductions of Newly-Hired Employees
Newly-hired employees Hugh Curry, Part time CSO and Henry Henry, Head Custodian were
introduced.
6. PUBLIC HEARINGS
A. Close Hearing - Adopt Resolution No. 98-117 Approving Revocation of Rental Property
The Assistant Fire Chief recommended adoption of the resolution. He advised the Council of
the outstanding items which has resulted in non-compliance. The most recent inspection was
December l0th. The tenants of the building have been notified of the pending revocation
process.
Motion by Sturdevant, second by Jolly to waive the reading of the resolution there being
ample copies available for the public.
REGULAR COUNCIL MEET1NG
DECEMBER 14,1998
PAGE 21
RESOLUTION NO. 98-117
RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS
APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTOIN
5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY RENAE
NOVAK (HEREINAFTER "LICENSE HOLDER").
WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY
LOCATED AT 4023 SIXTH STREET, 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 DECEMBER 11, 1998 OF A PUBLIC HEAR1NG TO BE
HELD ON DECEMBER 14, 199.
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 HEIGHT S MAKES THE FOLLOWING:
F1NDINGS OF FACT
1. That on May 20, 1998, Gary Gorman and Rich Hinrichs, inspectors for the City of
Columbia Heights, noted nine 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.
2. That on July 20, 1998, Gary Gorman and Rich Hinrichs, inspectors for the City of
Columbia Heights, noted eight violations still existed. 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.
3. That on September 21, 1998, Gary Gorman and Rich Hinrichs, inspectors for the City of
Columbia Heights, noted that two violations still remained uncorrected. 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.
4. That on November 4, 1998, Gary Gorman and Rich Hinrichs, inspectors for the City of
Columbia Heights, noted that two violations were uncorrected. 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 MEET1NG
DECEMBER 14, 1998
PAGE 22
5. That on November 19, 1998, Gary Gorman and Rich Hinrichs, inspectors for the City of
Columbia Heights, noted that two violations still remained uncorrected. Compliance orders
listing the violations were mailed by certified mail to the owner of the property at that address
listed on the Rental Housing License Application.
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 CORRECT VIOLATIONS OF THE HOUSING MAINTENANCE CODE
B. FAILURE TO SUBMIT REINSPECTION FEES OF $160.00
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 4023 Sixth Street 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. That rental license belonging to the License Holder described herein and identified by
license number F2968 is hereby revoked/suspensed (cross one out);
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. All tenants shall remove themselves from the premises within 60 days from the first day of
posting of this Order revoking the license as held by License Holder.
Passed this 14th day of December, 1998.
REGULAR COUNCIL MEET1NG
DECEMBER 14, 1998
PAGE 23
Offered by: Sturdevant
Seconded by: Jolly
Roll call: All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
7. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
1) Resolution No. 98-109 Adopting a Budget for the Year 1999/Setting the Total City Levy_
and Approving the HRA Levy_
Councilmember Ruettimann made comment regarding the potential tax increase with the
School Board's portion of the property taxes for the year 2000. He noted that levy limits were
frozen by the State for this year and the City may need to increase taxes in the future just to
meet salary increases.
Motion by Szurek, second by Peterson to waive the reading of the resolution there being
ample copies available for the public.
RESOLUTION NO. 98-109
RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS,
MINNESOTA ADOPTING A PROPOSED BUDGET, SITTING THE CITY, HRA AND
EDA PROPOSED LOCAL LEVY, AND ESTABLISHING A BUDGET HEAR1NG DATE
FOR PROPERTY TAXES PAYABLE IN 1999
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF
COLUMBIA HEIGHTS, MINNESOTA: that the following is hereby adopted by the City of
Columbia Heights.
Section A. The proposed budget for the City of Columbia Heights for the year 1999 is hereby
approved and adopted with appropriations for each of the funds as listed below.
Expense
General Fund
Community Development Admin
CDBG/HOME
Parkview Villa North
Parkview Villa South
7,696,776
261,147
259,918
318,019
168,887
REGULAR COUNCIL MEET1NG
DECEMBER 14, 1998
PAGE 24
EDA
Section 8 Housing
Temp Housing/Vacant Land
State Aid
Cable Television Fund
Library
DARE Project
Police Grant
Fast Cops
Capital Improvement Fund
MultiUse Redevelopment
Infrastructure
Capital Equipment Replacement Funds
Central Garage Fund
Liquor
Water Utility Fund
Sewer Utility Fund
Refuse Fund
Water & Sewer Construction
Energy Management
Data Processing
Police/Fire Contingencies Reserve
Debt Service Fund
Total Expense Including Interfund Transfers
532,456
1,085,944
36,116
91,239
182,810
189,073
508,255
7,950
0
65,785
397,200
0
0
574,599
418,194
6,404,526
1,434,399
1,277,096
1,563,013
237,000
316,818
175,931
85,000
2,193,534
26,481,685
Section B. The estimated gross revenue to fund the budget of the City of Columbia Heights
for all funds, including general ad valorem tax levies and use of fund balances, as hereinafter
set forth for the year 1999:
Revenue
General Fund
Community Development Admin
CDBG/HOME
Parkview Villa North
Parkview Villa South
EDA
Section 8 Housing
Temp Housing/Vacant Land
State Aid
Cable Television Fund
7,696,776
261,147
259,918
318,019
168,887
532,456
1,085,944
36,116
91,239
182,810
189,073
REGULAR COUNCIL MEET1NG
DECEMBER 14, 1998
PAGE 25
Library
DARE Project
Police Grant
Fast Cops
Capital Improvement Fund
MultiUse Redevelopment
Infrastructure
Capital Equipment Replacement Funds
Central Garage Fund
Liquor
Water Utility Fund
Sewer Utility Fund
Refuse Fund
Water & Sewer Fund
Energy Management
Data Processing
Police/Fire Contingencies Reserve
Debt Service Fund
508,255
7,950
0
65,785
397,200
0
0
574,599
418,194
6,404,526
1,434,399
1,277,096
1,563,013
237,000
316,818
175,931
85,000
2,193,534
Total Revenue Including Interfund Transfers
26,481,685
Section C. The following sums of money are levied for the current year, collectable in 1999,
upon the taxable property in the City of Columbia Heights, for the following purposes:
Estimated Area-Wide
Estimated General Fund Levy
Estimated Library Fund Levy
Estimated EDA Fund Levy
729,149
1,930,910
467,518
111,048
Total Proposed Levy
3,238,625
Section D. The City Council of the City of Columbia Heights hereby approves the Housing
and Redevelopment Authority Tax Levy for fiscal year 1999 in the amount of $80,239.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL FOR THE CITY OF
COLUMBIA HEIGHTS, MINNESOTA: That the budget hearing was held on December 7th
at 7:00 p.m. in the City Council Chambers.
The City Clerk is hereby instructed to transmit a certified copy of this resolution to the
County Auditor of Anoka County, Minnesota.
REGULAR COUNCIL MEET1NG
DECEMBER 14, 1998
PAGE 26
Approved this 14th day of December 1999.
Offered by: Szurek
Seconded by: Peterson
Roll call: All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
2. Second Reading of Ordinance No. 1380 Being an Ordinance Vacating a Portion of a
Drainage and Utility Easement
Motion by Peterson, second by Sturdevant to waive the reading of the ordinance there being
ample copies available for the public.
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:
Second Reading:
November 23, 1998
December 14, 1998
REGULAR COUNCIL MEET1NG
DECEMBER 14, 1998
PAGE 27
Date of Passage:
Offered By:
Seconded By:
Roll Call:
December 14, 1998
Peterson
Sturdevant
All ayes
Joseph Sturdevant, Mayor
Jo-Anne Student, Council Secretary
3) Resolution No. 98-115 Being a Resolution to Levy_ Assessments
Councilmember Jolly inquired if the policy for property owners to participate in consruction
projects is going to be reviewed. The Public Works Director responded this will be done in
the coming year.
Motion by Jolly, second by Szurek to waive the reading of the resolution there being ample
copies available for the public.
RESOLUTION NO. 98- 115
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 1008, Project #9800 and #9730.
WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00
o'clock p.m. on the 14th day of December, 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,
THE CITY COUNCIL OF THE CITY OF COLUMBIAHEIGHTS 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 1008, Project #9800
and #9730.
REGULAR COUNCIL MEET1NG
DECEMBER 14, 1998
PAGE 28
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
January 14, 1999, 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 1008, Project #9800 and #9730.
Section 5. This resolution shall take effect immediately upon its passage.
Passed this 14th day of December, 1998.
Offered by: Jolly
Seconded by: Szurek
Roll call: All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
4) Second Reading of Ordinance No. 1379 Being an Ordinance Amending Charter Pertaining
to Council Meetings
Councilmember Ruettimann requested an explanation regarding the "emergency" meeting
referred to in the ordinance and what currently is stated in State Statute. The City Attorney
responded that the twelve hour requirement stated in the ordinance is stricter than state law.
Motion by Ruettimann, second by Sturdevant to direct the City Attorney to advise the
Charter Commission that the City Council requests the Commission to draft language for the
Charter which would coincide with the State's. Roll call: All ayes
The ordinance was not read.
REGULAR COUNCIL MEET1NG
DECEMBER 14, 1998
PAGE 29
B. Bid Considerations
None
C. Other Business
1) City Wide I.D. System, Gas Card, and City Owned Buildings Security System
Police ChiefJohson reviewed the specifics of the security software and hardware. There was
some discussion regarding safety concerns for the interior of the building.
Motion by Ruettimann, second by Peterson to authorize the City Manager and Mayor to enter
into a contract to purchase software and equipment needed to create a security system in City
Hall at a cost of $10,457.85 plus tax; and to authorize the contracting of chases in City Hall
to run the required wiring at a cost not to exceed $6,300. Roll call: All ayes
2) Razing of Hazardous Structures
Councilmember Ruettimann requested the building at 4150 Central Avenue be added to the
list of structures to be razed.
Motion by Sturdevant, second by Ruettimann to authorize staff to solicit a minimum of three
bids for the addresses mentioned in the Council Letter plus 4150 Central Avenue; award the
projects to the lowest, qualified, responsible bidder, with funds appropriated out of
appropriate PIR funds; and furthermore, to authorize the Mayor and City Manager to enter
into an agreement for the same. Roll call: All ayes
3) Conditional Use Permit, Case #9812-52, 3800 Central Avenue
The City Planner reviewed the conditional use permit request and the conditions. A floor plan
was submitted to the Planning Department today. There is sufficient parking allocated on the
plan.
The owner of the new restaurant advised the Council of his concerns regarding the location
of a driveway. He felt the location being proposed for this access driveway is too close to the
door of the building. There was a critical safety concern in his mind which he felt should be
addressed with Mn/DOT who is requiring this location. Some members of the Council felt this
was a valid concern and made suggestions as to how the safety measures could be increased.
Discussion continued about meeting the requirements of the conditional use permit relative
to giving permission to open for business. Councilmember Ruettimann felt it was ill-advised
to approve an immediate opening for this business without some assurance that all of the
conditions of the permit are met and a site plan has been submitted.
REGULAR COUNCIL MEET1NG
DECEMBER 14, 1998
PAGE 30
The City Planner noted that most of the conditions have been met and those remaining have
been discussed in detail with the owner. The site plan will be reviewed.
Motion by Szurek, second by Sturdevant to approve the conditional use permit to allow the
operation of a restaurant in the Retail Business District at 3800 Central Avenue, subject to
the following conditions:
1) All required state and local codes, permits, licenses and inspections will be met and in full
compliance.
2) Waste material storage shall be located and screened in a manner consistent with the
Zoning Ordinance.
3) All proposed signage must be submitted on a City prescribed application form and must
fully comply with the Zoning Ordinance.
4) The screening fence shall be maintained in a safe and functional condition.
5) A site plan drawn to scale shall be submitted for review and approval by staff. This site
plan shall provide at a minimum, the following information; layout of parking lot; modified
access point; van accessible parking space; provisions for loading/unloading; dumpster
enclosure; and snow storage by January 1, 1999.
6) At least one van accessible handicap parking space shall be provided as near as possible
to the main entrance to the building. This space shall be clearly marked and signed.
7) The parking lot shall be restriped and circulation routes shall be clearly marked by July 1,
1999.
Roll call: All ayes
8. ADMINISTRATIVE REPORTS
A. Report of the City Manager
The City Manager advised the Council that a compromise has been reached with a local
contractor whose issue had been brought before the Council previously. The duct work at the
Library is scheduled for cleaning next week. A recent meeting with the City's Legislative
Representative was very productive and many issues of concern to the City were discussed.
B. Report of the City Attorney
The City Attorney had nothing to report at this time.
9. GENERAL COUNCIL COMMUNICATIONS
Minutes from the following board/commission meetings were in the agenda packet for
informational purpose only:
REGULAR COUNCIL MEET1NG
DECEMBER 14, 1998
PAGE 31
October 20, 1998 EDA Meeting
November 12, 1998 Park and Recreation Commission Meeting
November 19, 1998 Telecommunications Commission
December 1, 1998 Planning and Zoning Commission Meeting
November 9, 1998 Library Board of Trustees Meeting
November 17, 1998 EDA Meeting
10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA
A resident from 51st Avenue and 4th Street expressed her concerns with many issues in her
area. Staff had responded to this resident's concern in the past but will again check her
concerns.
11. ADJOURNMENT
Motion by Ruettimann, second by Peterson to adjourn the meeting at 8:45 p.m. Roll call: All
ayes
Jo-Anne Student, Council Secretary