Loading...
HomeMy WebLinkAboutNovember 24, 1997OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CiTY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 24, 1997 o CALL TO ORDER/ROLL CALL Mayor Sturdevant called the Council Meeting to order at 7:00 p.m. Mayor Sturdevant and Councitmembers Jones, Jolly, Ruettimann and Peterson were present. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO THE MEETING AGENDA There were no additions nor deletions to the meeting agenda. CONSENT AGENDA The following items are considered routine by the City Council and are enacted as part of the Consent Agenda by one motion: A. Motion by Jones, second by Jolly to adopt the Consent Agenda as follows: Adopt Council Minutes The Council approved the minutes of the November 10, 1997 Regular Council Meeting and the November 17, 1997 Levy Hearing. Software Support Aqreement with ~usiness Records Corporation The Council authorized the Mayor and City Manager to enter into a three-year software support agreement with Business Records Corporation for maintenance of financial software packages at a cost not to exceed $24,i35, billed annually at $8,045 per year. Final PaFT~.ent for Storm Sewer Replacement - LaBelle Park, Municipal Project #9716 The Council accepted the work for storm sewer replacement at LaBelte Park from LaBe!le Pond at 42nd Avenue Northeast, Municipal Project #9716 and authorized final payment of $3,077.90 to Penn Contracting, Inc. of Blaine, Minnesota. Authorization to Seek Bids for Dutch Elm Diseased Tree Removal Procram The Council authorized staff to seek bids for the 1998-99 Dutch Elm Diseased Tree Removal Program. REGULAR COUNCIL MEETING NOVEMBER 24, 1997 PAGE 2 Award of Purchase of Floor Scrubber for Municipal Service Center The Council awarded the purchase of a replacement floor scrubber, Tennant 5700, for the Municipal Service Center to Dalco of Minneapolis, Minnesota, based on their responsible quotation of $8,461.00 with the funds to be taken from Fund 434-49950-5180. Resolution Ordering Preparation of Report on Proposed Street Improvements in 1998 The reading of the resolutions were waived there being ample copies available for the public. RESOLUTION NO. 97-67 BEING A RESOLUTION ORDERING PREPARATION OF REPORT ON STREET IMPROVEMENT WITH COMPLETE RECONSTRUCTION WHEREAS, the City Council of Columbia Heights is proposing to improve the following streets by complete street reconstruction: Highland Place, West Upland Crest to East Upland Crest Forest Drive, West Upland Crest to East Upland Crest East Upland Crest, Fairway Drive to North Upland Crest, and WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429. NOW, THEREFORE BE IT RESOLVED that the proposed improvements be referred to Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost effective, and feasible and as to whether it should best be made as proposed or in cohnection with some other improvement, and the estimated cost of the improvement as recommended. Dated this 24th day of November, 1997. Offered by: Seconded by: Roll call: Jones 'Jolly All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary REGULAR COUNCIL MEETING NOVEMBER 24, t997 PAGE 3 CERTIFICATION: State of Minnesota County of Anoka City of Columbia Heights I hereby certify that the aforegoing 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 24th day of November, 1997, as disclosed by the records of said City in my possession. Jo-Anne Student, Deputy City Clerk RESOLUTION NO. 97-68 BEING A RESOLUTION ORDERING PREPARATION OF REPORT ON STREET IMPROVEMENT WITH RECYCLED BASE AND NEW BIT~INOUS SURFACE WHEREAS, it is proposed to improve the following streets by constructing a recycled base and new bituminous surface with miscellaneous concrete repairs: Heights Drive, 45th Avenue to Fairway Drive Golf Place, Chatham Road to Heights Drive Ivanhoe Place, Maiden Lane to Cul-De-Sac Polk Place, 50th Avenue to Pierce Terrace Polk Circle, Polk Place to Cul-De-Sac, and WHEREAS, it is proposed to improve the following streets by constructing a recycled base and new bituminous surface or a mill and overlay with miscellaneous concrete repairs Mulcare Drive, Pierce Terrace to Polk Place Mo!an Terrace, Lincoln Terrace to Cul-De-Sac, and WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429. NOW, THEREFORE, BE IT RESOLVED that the proposed improvement be referred toMr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. REGULAR COUNCIL MEETING NOVEMBER 24, 1997 PAGE 4 Dated this 24th day of November, 1997. Offered by: Seconded by: Roll call: Jones Jolly All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 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 24th day of November, 1997, as disclosed by the records of said City in my. possession. Jo-Anne Student Deputy City Clerk RESOLUTION NO. 97-69 BEING A RESOLUTION ORDERING PREPARATION OF REPORT ON STREET IMPROVEMENT WITH MILLING AND BITUMINOUS OVERLAY WHEREAS, the City Council of Columbia Heights is proposing to improve the followin9 streets with milling and bituminous. overlay with miscellaneous concrete repairs: Chatham Road, 45th Avenue to Fairway Drive Maiden Lane, Heights Drive to Cul-de-sac Lincoln Terrace, Tyler Street to Pierce Street 50th Avenue, Central Avenue to Fillmore Street Buchanan Pl. and Buchanan St., Fillmore St. to No. Corp Limit Pierce Terrace, Polk Place to Matterhorn Drive Fillmore Street, 49th Avenue to Pierce Terrace Johnson Street, Innsbruck Parkway to Lincoln Terrace, and WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429. REGULAR COUNCIL MEETING NOVEMBER 24, 1997 ~GE 5 NOW, THEREFORE BE IT RESOLVED that the proposed improvement be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Dated this 24th day of November, 1997. Offered by: Seconded by: Roll call: Jones Jolly Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 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 24th day of November, 1997, as disclosed by the records of said City in my possession. Jo-Anne Student Deputy City Clerk RESOLUTION NO. 97-70 BEING A RESOLUTION ORDERING PREPARATION OF REPORT ON SEAL COATING IMPROVEMENT WHEREAS, the City Council of Columbia Heights proposes to improve the following streets by seal coating, Upland Crest, Heights Drive to Fairway Drive Cheery Lane, Fillmore Street to Cul-de-sac Khyber Lane, Fillmore Street to Cul-de-sac Borealis Lane, Fillmore Street to Cul-de-sac Central Avenue Service Drive, approximately 380' south of 50th Avenue to 195' north of 50th Avenue REGULAR COUNCIL MEETING NOVEMBER 24, 1997 PAGE 6 Tyler Street, 49th Avenue to 50th Avenue Fairway Drive, 49th Avenue to Fairway Drive North Upland Crest, Pennine Pass to Stinson Boulevard Stinson Boulevard, 5th St. N.W. to 325' north of centerline of North Upland Crest WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429. NOW, THEREFORE, BE IT RESOLVED that the proposed improvement be referred to Mr. Kevin Hansen, City Engineer, to study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other development, and the estimated cost of the improvement as recommended. Dated this 24th day of November, 1997. Offered by: Seconded by: Roll call: Jones Jolly All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 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 24th day of November, 1997, as disclosed by the records of said City in my possession. Jo-Anne Student Deputy City Clerk REGULA~ COUNCIL MEETING NOVEMBER 24, 1997 PAGE 7 Joint Powers AGreement with MinneaDolis for UDqrade of Traffic Control SiGnal System The Council authorized the Mayor and City Manager to enter into a Joint Powers Agreement with the City of Minneapolis for participation in the upgrade of the traffic control signal system at the intersection of 37th Avenue, Reservoir Boulevard and Central Avenue (T.H.65). Close Hearing Reqardinq Rental License for 4357-59 Seventh Street The Council closed the public hearing regarding the revocation or suspension of the rental license held by Bradley Anderson regarding rental property at 4357-59 Seventh Street in that the provisions of the Housing Maintenance Code have been complied with. Close Hearinc~ ReGardinG Rental License for 3736-38 Third Street The Council closed the public hearing regarding the revocation or suspension of the rental ilcense held by Anthony Melton regarding rental property at 3736-38 Third Street in that the provisions of the Housing Maintenance Code have been complied with. Close Hearing ReGardinG Rental License for 4328 Sixth Street The Council established a hearing date of December 8, 1997 of revocation or suspension of a license to operate a rental property within the City of Columbia Heights against the following named property owners regarding their rental property: Lisa Kelly, 5031 Jefferson Street, G!adys Erie, 1001 42 1/2 Avenue and Bonnie O'Donne!!, 621-23 51st Avenue. First Readin~ of Ordinance No. 1367 Being an Ordinance Amending Ordinance No. 853 Reqarding Persons and Vehicles in Parks The reading of the ordinance was waived there being ample copies available for the public. ORDINANCE NO. 1367 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PROHIBITING CONDUCT ON PARK PROPERTY Currently, the ordinance reads as follows: Chapter 10, Article II, Section I: REGULAR COUNCIL MEETING NOVEMBER 24, 1997 PAGE 8 10.201(1) No person shall park, be or remain in, or leave any vehicle in the park or parkway, between the hours of 11:00 p.m. and 6:00 a.m. unless said vehicle is otherwise authorized to remain in a park. is herewith amended to read as follow: 10.201(1) No person shall park, be or remain in any park or parkway, or park or leave any vehicle in the park. or parkway, between the hours of 11:00 p.m. and 6:00 a.m. unless said person or vehicle is otherwise authorized to remain in a park. First Reading: November 24, 1997 The Council scheduled the second reading of the ordinance for December 8, 1997 at approximately 7:00 p.m. Approval of License Applications The Council approved the license applications as listed. payment of the Bills The Council approved the payment of the bills as listed out of proper funds. 5. RECOGNITION PROCLAMATIONS, PRESENTATIONS, GUESTS A. Home Care Proclamation The Mayor read the proclamation designating November as Home Care Month in the City of Columbia Heights. B. BFI Presentation A representative of the City's hauler, BFI, Inc., presented a check to the Council which resulted from overcharges on tipping fees. 6. PUBLIC HEARINGS A. Resoluti6n No. 97-71 Being a Resolution ReqardinG Revocation of Rental License for 3732-34 Third Street Property Owned by Dale Frenzel Fire Chief Kewatt reviewed the history of inspections and violations for this property. He showed the Council photos of the yard which were taken this day. : REGULAR COUNCIL MEETING NOVEMBER 24, 1997 PAGE 9 The property owner stated he had completed nearly all of the work required. He felt the remaining violations could be brought into compliance by the December 8, 1997 Council Meeting with the exception of the painting and the replacment of the door panel. There are still outstanding fees of $160.00. Motion by Ruettimann, second by Jones to continue the hearing until December 8, 1997 at approximately 7:00 p.m.; that all of the fees due be paid by that date, and that all of the violations be corrected with the exception of painting and the replacement of the garage door panel if weather does not permit. Roll call: All ayes The Fire Chief stated that the additional inspection fee will be waived if the work is completed by the December 8th Public Hearing. Second Readinq and Public HearinG of Ordinance No. 1364 Pertaininq to Prohibited Non-Movinq Violations A resident inquired when the City last went out for bids for a towing contractor. He also inquired if the impounded vehicles were put up for public auction. The Mayor noted that the towing company sold the vehicles to a junk dealer. They were not put up for public auction. The City Manager will research the most recent bids for a towing company. Motion by Ruettimann, second by Peterson to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1364 BEING .AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND PERTAINING TO PROHIBITED NON-MOVING VIOLATIONS The City of Columbia Heights does ordain: 7.205(3) No person with title or custody of a motor vehicle shall abandon such vehicle as defined herein anywhere in the City. For purposes of this chapter, an "abandoned motor vehicle" shall consist of: REGULAR COUNCIL MEETING NOVEMBER 24, 1997 PAGE 10 (a) A motor vehicle which has remained in any one place on public property for a continuous period of 48 hours and lacks vital component parts that are essential to the mechanical functioning of the vehicle, or is otherwise in an inoperable condition, or (b) A motor vehicle which has remained on private property for a continuous period of 48 hours without the consent of the person in control of such property. Provided, however, that a classic car or pioneer car as defined in Minnesota Statutes Chapter 168.10, shall not be abandoned motor vehicle within the meaning of subdivision (a). is hereby amended to read as follows: 7.205(3) No person with title or custody of a motor vehicle shall abandon such vehicle as defined herein, anywhere in the City. For purposes of this chapter, an "abandoned motor vehicle" shall consist of: (a) A motor vehicle which has remained in any one place on public property for a continuous period of 48 hours and lacks vital component parts that are essential to the mechanical functioning of the vehicle, or is otherwise in an inoperable condition, or (b) A motor vehicle which has remained on private property for a continuous period of 48 hours without the consent of the person in control of such property. (c) The owner of an abandoned motor vehicle shall be Given notice of such violation by the City and will be qiven 15 days to take corrective action. Corrective action shall be defined as: .(1) An owner has taken corrective action when the vehicle is leqally parked and licensed, mechanically operable and in compliance with all state requirements for an operable vehicle public roads. In the event corrective action is not taken within fifteen (15) days from the notice of the violation, the City may take the vehicle into custody, impound it, and sell it immediately at public auction pursuant to M.S.A. section 188B.08. REGULAR COUNCIL MEETING NOVEMBER 24, 1997 PAGE 11 Provided, however, that a classic car or pioneer car as defined in Minnesota Statutes Chapter 168.10, shall not be considered as an abandoned motor vehicle within the meaning of subdivision (a). This ordinance shall be in full force and effect 30 days after its passage. First Reading: Second Reading: Date of Passage: November 10, 1997 November 24, 1997 November 24, 1997 Offered by: Seconded by: Roll call: Ruettimann Peterson Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary C. Second Readinq and Public Hearinq of Ordinance No. 1366 Beinc an Ordinance Vacatinq a Portion of the Street Motion by Jolly, second by Peterson to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1366 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, VACATING A CERTAIN PORTION OF THE STREET The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights herewith vacates the public street over, across, and under the following described property, to wit: The Southerly twelve feet (12') of 45th Avenue N.E., lying between the Northerly extension of the East and West boundary lines of Lot 1, Block 1, Auditor's Subdivision of Walton's Second Subdivision, Anoka County, Minnesota. REGULAR COUNCIL MEETING NOVEMBER 24, 1997 PAGE 12 excepting and reserving the authority of any person, corporation or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains and hydrants, thereon and thereunder, to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace or remove or otherwise attend thereto. Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: Second reading: Date of passage: November 10, 1997 November 24, 1997 November 24, 1997 Offered by: Seconded by: Roll call: Jolly Peterson Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Staff was directed to pass on any fees associated with this street vacation to the property owner who requested it. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Resolution No. 97-72 ADDrovinq AdoDtion of By-Laws Motion by Ruettimann, second by Peterson to waive the reading of the resolution noting that it contains the same by-law document as adopted by the Board of Trustees at its October. 27, 1997 meeting and that there are ample copies available for' the public. Roll call: Ail ayes RESOLUTION NO. 97-72 BEING A RESOLUTION APPROVING THE ADOPTION OF THE BY-LAWS FOR THE COLUMBIA HEIGHTS FIRE DEPARTMENT RELIEF ASSOCIATION, VOLUNTEER DIVISION REG~ COUNCIL MEETING NOVEMBER 24, 1997 PAGE 13 WHEREAS, the City Council of the City of Columbia Heights established a committee of the Council to meet with the Board of Examiners of the Volunteer Fire Relief Association to review pension and by-law concerns and; WHEREAS, it was the joint recommendation of this group to adopt new by-laws which comply with State requirements and; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the attached by-laws be adopted covering the Columbia Heights Fire Department Relief Association, Volunteer Division. Passed this 24th day of November, 1997. Offered by: Seconded by: Roll call: Ruettimann Peterson Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary B. Bid Considerations There were no bid considerations. C. Other Business i) Establish Work Session Dates and Budget Meeting Dates December 1, 1997 at 6:30 p.m. was selected as a work session date to discuss only the budget. December 10, 1997 at 7:00 p.m. is the date chosen for the Truth in Taxation Hearing. A Council work session was scheduled for December 15, 1997 at 7:00 p.m. A budget meeting date has previously been established for November 25, 1997 at 6:00 p.m. 2) Award of Jackson Pond Slope Restoration Motion by Peterson, second by Jones to award the Jackson Pond slope restoration, Municipal Project #9739, to Sunram Construction, Inc. of Corcoran, Minnesota, based on their low, qualified, responsible bid of $55,432.50, to be appropriated from Fund 652-49499-5!30. Roll call: All ayes REGULAR COUNCIL MEETING NOVEMBER 24, 1997 PAGE 14 The Acting Public Works Director advised that disaster funds. will be received for some of this work. Mitigation monies have also been applied for by staff. 3) Award of Loader-Mounted Snowblower Motion by Jones, second by Sturdevant to authorize staff to purchase MS000MDR Wildcat snowblower from St. Joseph Equipment, based on their low, responsible qualified bid of $45,600.00 with funds to be taken from the Capitol Equipment Replacement Fund. Roll call: All ayes 8. ADMINISTRATIVE REPORTS A. Report of the City Manaqer The City Manager advised that the newly-hired Fire Department Assistant Chief and the Public Works Director will commence working on December 1st. The Mayor requested the City Manager to get him a copy of a tape from a previous meeting/work session. B. Report of the City Attorney The City Attorney had nothing to report at this time. 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Board and Commission MeetinGs Included in the agenda packet were minutes from the November 3, 1997 Library Board of Trustees Meeting and the November 5, 1997 Planning and Zoning Commission Meeting. B. Miscellaneous Councilmember Jolly advised that the Northstar Corridor Commission has received a grant for $350,000. He also stated that applicant interviews for the Youth Initiative Commission will be done on November 25th. A discussion was had regarding the necessity for having all segments of the community represented on the Commission and that it not have a political posture. 10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA There was no one present for Citizens Forum. REGULAR COUNCIL MEETING NOVEMBER 24, 1997 PAGE 15 RECESS TO EXECUTIVE SESSION The Regular Council Meeting was recessed at 8:05 p.m. to an Executive Session to discuss City of Columbia Heights vs. Stauch and appointed Jo-Anne Student as Recording Secretary to keep a written report of the same. RECONVENE REGULAR COUNCIL MEETING The Regular Council Meeting was reconvened at 8:15 p.m. from the Executive Session which was called to discuss the City of Columbia Heights vs. Stauch with a written report being kept by Jo-Anne Student, Council Secretary. 1!. ADJOUP_NMENT Motion by Ruettimann, second by Peterson to adjourn the Regular Council Meeting at 8:15 p.m. Roll call: All ayes  ayor/Jo~ph S t ur~d~v-an[ -Student, ~6-~ncil Secretary