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