HomeMy WebLinkAboutNovember 10, 1997OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
NOVEMBER 10, 1997
CALL TO ORDER/ROLL CALL
Mayor Sturdevant called the Council Meeting to order at 7:00
p.m.
Mayor Sturdevant and Councilmembers Jones, Jolly, Ruettimann
and Peterson were present.
2. PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS TO THE MEETING AGENDA
Councitmember Jones requested the removal from the Consent
Agenda of 4-A-5 being the first reading of Ordinance No. 1364
regarding junk vehicles. Mayor Sturdevant requested the
removal from the Consent Agenda of 4-A-3 being the award of
contract for a Life Cycle Housing Study.
Added to the Council Meeting agenda was the first reading of
Ordinance No. 1366 vacating a street and the first reading of
Ordinance No. 1365 being an ordinance correcting Ordinance No.
1361.
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 Peterson, second by Jones to adopt the Consent
Agenda as follows:
Adopt Council Minutes
The Council adopted the minutes of the October 13, 1997
Regular Council Meeting, the minutes of the October 27, 1997
and the minutes of the November 5, 1997 Election Canvass
Meeting.
Establish Hearing Date for License Revocations for Rental
Properties:
The Council established a hearing date of November 24, 1997
for revocation, or suspension of a license to operate a rental
property within the City of Columbia Heights against the
following property owners regarding their respective rental
properties: Anthony Melton, 3738 Third Street, Thomas Brooks,
4328 Sixth Street and Bradley Anderson, 4357 Seventh Street.
REGULAR COUNCIL MEETING
NOVEMBER 10, 1997
PAGE 2
Resolution No. 97-63 1998 Seasonal and Temporary Waqe.
Adjustments
The reading of the resolution was waived.
RESOLUTION NO. 97-63
ADOPTING CHANGES IN WAGE RANGES AND ESTABLISHING WAGES FOR
TEMPOR3LRY PART TIME LIBRARY POSITIONS, SEASONAL PUBLIC WORKS
POSITIONS, SEASONAL/TEMPORARY RECREATION POSITIONS, AND BIKE
PATROL OPFICER
WHEREAS, the City of Columbia Heights adopted a Wage
Compensation Program for Non-Unionized City Employees
effective January 1, 1980 (Resolution 80-470, 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 positions, seasonal Public Works positions,
seasonal/temporary recreation positions, and bike patrol
officer, as 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 be effective
January 1, 1998.
Passed this 10th day of November, 1997.
Offered by:
Seconded by:
Roll call:
Peterson
Jones
All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
Approval of License A~plications
The license applications were approved as listed.
Payment of Bills
The Council approved the payment of the bills as listed out of
proper funds.
Roll cal.1 on Consent Agenda: All ayes
REGULAR COUNCIL MEETING
NOVEMBER 10, 1997
PAGE 3
Award of Contract for a Life Cycle Housinq Study
Previously, only $1,000 was authorized by the Councit for the
City's portion of participating in this study. Less than the
anticipated cities have chosen to participate in the study
since the Council authorized the $1,000. The additional
funding will be taken from the Community Development 1997
Expert and Professional Fund. It was noted that additional
funding can also be taken from the Comprehensive Plan grant
from the Metropolitan Council.
Motion by Sturdevant, second by Peterson to award the
contract for a Life Cycle Housing Study to Nancy Reeves and
Associates, based on the bid received, and furthermore, to
authorize the Mayor and City Manager to enter into an
agreement for the same. Roll call: All ayes
First Readinq of Ordinance No. 1364 Beinq an Ordinance
Reqardinq Junk Vehicles
The Housing Inspector reviewed why this ordinance is
necessary. It will serve as an effective method to remove junk
vehicles. Discussion followed regarding what constitutes a
"junk" vehicle and what does not.
Motion by Jones, second by Sturdevant to waive the reading of
the ordinance there being ample copies available for the
public. Roll call: Ail 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:
(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
· ingperable qondition, or "1~
REGULAR COUNCIL MEETING
NOVEMBER 10, 1997
PAGE 4
(b) A motor vehicle which has remained on private
property for a continuous period of 48 hours without the
consent fo 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
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 on
publif 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.
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).
REGULAR COUNCIL MEETING
NOVEMBER 10, 1997
PAGE 5
This ordinance shall be in full force and effective 30 days
after its passage.
First Reading: November 10, 1997
Motion by Jones, second by Sturdevant to schedule the second
reading of Ordinance No. 1364 for November 24, 1997 at
approximately 7:00 p.m.
5. RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS
None
PUBLIC HEARINGS
A. Second ReadinG/Public Hearing of Ordinance No. 1363 Being
an Ordinance Conve¥inq Certain Real Estate at 578 38th Avenue
Northeast
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
It was noted that the curb cut associated with this project is
the responsibility of the City.
Motion by Ruettimann, second by Peterson to close the public
hearing. Roll call: All ayes
ORDINANCE NO. 1363
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF
1977, AUTHORIZING TO CONVEY CERTAIN REAL ESTATE LOCATED AT 578
38TH AVENUE NORTHEAST
The City of Columbia Heights does ordain:
Section 1: The City of Columbia Heights may convey unto
Quality Checked Construction, the real property described as
follows, to wit:
Lot 9 and the east 23.3 feet of Lot 10, Block 89, Columbia
Heights Annex to Minneapolis, Anoka County, Minnesota.
Section 2: The Mayor and City Manager are herewith authorized
to execute deeds to effectuate the conveyance of said real
estate for the purchase price of $18,900 and subject to the
terms and conditions specified in the sale and development
agreement.
REGULAR COUNCIL MEETING
NOVEMBER 10, 1997
PAGE 6
Section 3: 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:
October 27, 1997
November 10, 1997
November 10, 1997
Offered by:
Seconded by:
Roll call:
Ruettimann
Peterson
All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
B. First Readinq of Ordinance No. 1353 Pertaininq to Rezoninq
of Certain Property on 40th Avenue
The EDA Director reviewed all of the properties which will be
affected by the rezoning ordinance. Thirty-one homes will be
brought into compliance.
Councilmember Ruettimann inquired what would happen if there
were a flue which destroyed more than fifty percent of a non-
conforming structure. He was advised the structure could not
be rebuilt. Discussion continued regarding the protection of
the future of affected homes and businesses in the proposed
rezoning area.
Councilmember Ruettimann had been advised by property owners~
there are problems obtaining mortgages on non-conforming
properties. He inquired if spot zoning could be done on the
five non-conforming properties.
The City Attorney stated he has no problem with this request
but with the precedent it may be setting for properties in
other sections of the City. He felt is this were done it
should have very specific criteria set down for this area
only.
Comments were made by property owners in the area, some of
whom own non-conforming properties.
Councilmember Peterson advised that a consultant is coming on
board in the near future to discuss these matters as well as
others. It was suggested this should happen before any
additional action is taken on this ordinance.
REGULAR COUNCIL MEETING
NOVEMBER 10, 1997
PAGE 7
Motion by Jolly, second by Ruettimann to table the first
reading of Ordinance No. 1353 until a desired date toallow
ample time for staff/consultant to review proposed Ordinance
No. 1353 in addition to possible alternatives. Roll call: All
ayes
7. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
1) Resolution No. 97-61 Being a Resolution Electinq to
Continue ParticiDation in the Local Housinq Incentives Account
ProGram
Motion by Jones, second by Sturdevant to waive the reading of
the resolution there being ample copies available for the
public. Roll call: All ayes
RESOLUTION NO. 97-61
RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL
HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN
LIVABLE COMMUNITIES ACT
CALENDAR YEAR 1998
WHEREAS, the Metropolitan Livable Communities Act (Minnesota
Statutes Section 473.25 to 473.254) establishes a Metropolitan
Livable Communities Fund which is intended to addess housing
and other development issues facing the metropolitan area
defined by Minnesota Statutes section 473.121; and
WHEREAS, the Metropolitan Livable Communities Fund, comprising
the Tax Base Revitalization Account, the Livable Communities
Demonstration Account and the Local Housing Incentive Account,
is intended to provide certain funding and other assistance to
metropolitan area municipalities; and
WHEREAS, a metropolitan area municipality is not eligible to
receive grants or loans under the Metropolitan Livable-
Communities Fund or eligible to receive certain polluted sites
cleanup funding from the Minnesota Department of Trade and
Economic Development unless the municipality is participatin9
in the Local Housing Incentives Account Program under the
Minnesota Statutes section 473.254; and
REGULAR COUNCIL MEETING
NOVEMBER 10, 1997
PAGE 8
WHEREAS, a Metropolitan Livable Communities Act requires the
Metropolitan Council to negotiate with each municipality to
establish affordable and life-cycle housing goals for the
municipality that are consistent with and promote the policies
of the Metropolitan Council as provided in t~e Metropolitan
Development Guide; and
WHEREAS, each municipality must identify to the Metropolitan
Council the actions the municipality plans to take to meet the
established housing goals through preparation of the Housing
Action Plan; and
WHEREAS, the Metropolitan Council adopted, by resolution after
a public hearing, negotiated affordable and life-cycle housing
goals for each participating municipality; and
WHEREAS, a metropolitan area municipality which elects to
participate in the Local Housing Incentives Account Program
must do so by November 15 of each year; and
WHEREAS, for calendar year 1998, a metropolitan area
municipality that participated in the Local Housing Incentive
Account Program during the calendar year 1997, can continue to
participate under Minnesota Statutes Section 473.254 if: (a)
the municipality elects to participate in the Local Housing
Incentives Account Program by November 15, 1997; and (b) the
Metropolitan Council and the municipality have successfully
negotiated affordable and life-cycle housing goals for the
municipality:
NOW, THEREFORE, BE IT RESOLVED THAT the City of Columbia
Heights hereby elects to participate in the Local Housing
Incentives Program under the Metropolitan Livable Communities
Act during the calendar year 1998.
Passed this 10th day of November, 1997.
Offered by:
Seconded by:
Roll call:
Jolly
Peterson
Ail ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
2) Resolution No. 97-62 Beinq a Resolution Establishinq a
Schedule of Penalties for Administrative Offenses
REGULAR COUNCIL MEETING
NOVEMBER 10, 1997
PAGE 9
Motion by Jolly, second by Peterson to waive the reading of
the resolution there being ample copies available for the
public. Roll call: All ayes
RESOLUTION NO. 97-62
BEING A RESOLUTION REGARDING AMENDINGADMINISTRATIVE OFFENSE
PENALTY SCHEDULE
WHEREAS, the Columbia Heights City Council adopted Ordinance
No. 1358 on October 13, 1997, establishing Section 8 of the
Columbia Heights Code entitled "Administrative Offenses," and,
WHEREAS, Section 8 provides that penalties be imposed for
violations of scheduled administrative offenses according to
a schedule established, and amended form time to time by
Resolution of the City Council, and,
WHEREAS, it is the desire of the Columbia Heights City Council
to amend said administrative offense penalty schedule,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Columbia Heights that the administrative offense penalty
schedule is amended as follows:
Offense Description
No parking. 2:00 a.m. to 6:00 a.m., November 1 to March 31
Code Penalty
7.205 (13) $15
Passed this 10th day of November, 1997.
Offered by:
Seconded by:
Roll call:
Jolly
Peterson
All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
3) First Reading of Ordinance No. 1366 Being a Request to
Vacate a Portion of Street
It was stated that this request does not need to be heard by
the Planning and Zoning Commission.
REGULAR COUNCIL MEETING
NOVEMBER 10, 1997
PAGE 10
Councilmember Jolly inquired if vacating the entire easement
had been considered. The City Manager responded this could be
done in the future.
Motion by Jones, 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 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 t, Auditor's Subdivision of
Walton's Second Subdivision, Anoka County,
Minnesota,
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 or thereunder, to
continue maintaining the same or to enter upon
such way or portion thereof vacated to
maintain, repair, replace, 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:
November 10, 1997
Motion by Jones, second by Peterson to establish November 24,
1997 at approximately 7:00 p.m. as the second reading of
Ordinance No. 1366. Roll call: All ayes
4) Emerqency Ordinance No. 1365 Beinq an Ordinance Correcting
Ordinance No. 1361 Conve¥inq Certain Real Estate Located at
685 46 1~2 Avenue
REGULAR COUNCIL MEETING
NOVEMBER 10, 1997
PAGE 11
The Council was advised that Ordinance No. 1361 contained an
incorrect identity of the buyer. This ordinance will correct
this error and is being adopted on an emergency basis
requiring only one reading.
Motion by Peterson, second by Jones to waive the readings of
the ordinance there being ample copies available for the
public. Roll call: All ayes
ORDINANCE NO. 1365
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF
1977, AND CORRECTING ORDINANCE NO. 1361 AUTHORIZING
TO CONVEY CERTAIN REAL ESTATE LOCATED AT
685 46 1/2 AVENUE NORTHEAST
The City of Columbia Heights does ordain:
Section 1:
The City of Columbia Heights may convey unto
Brigham Fanning, the real property described
as follows, to wit:
The easterly ninety-seven (E'ly 97') of Lot
Twenty-four (24), Sheffield Acres, according
to the recorded plat thereof on record in the
office of the Register of Deeds, Anoka County,
Minnesota.
Section 2:
The Mayor and City Manager are herewith
authorized to execute deeds to effectuate the
conveyance of said real estate subject to the
terms, purchase price, and conditions
specified in the "Sale and Development
Agreement"
Section 3:
This ordinance shall be in full
effect from and after thirty (30)
its passage.
force and
days after
Emergency Reading:
Date of Passage:
November 10, 1997
November 10, 1997
Offered by:
Seconded by:
Roll call:
Peterson
Jones
All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
REGULAR COUNCIL MEETING
NOVEMBER 10, 1997
PAGE 12
C o
Bid Considerations
None
Other Business
1)
2)
Establish Work Sessions Dates/Times
The City Manager advised that his Secretary has been
contacting members of the Council regarding their
availability for budget meeting with various departments.
Public Works staff will be meeting with the Council on
November 17th following the Levy Hearing.
On November 25th at 6:00 p.m. the Council will be meeting
with the Police and Fire Departments.
The Truth in Taxation Meeting is scheduled for December
10th.
Conditional Use Permit Request to Operate a Pool Hall at,
4040 Central Avenue
The Police Chief referred to the print out of police
calls he had received relative to the pool hall operation
in the City of Bloomington owned and managed by the same
people making this request. He had also received
correspondence from the Bloomington Police Chief
regarding the history of the calls to the address where
the pool hall is located. An additional concern of the
Chief was the owner's reference to having the
establishment create a family-oriented atmosphere.
A vendor for the pool hall stated that it is located in
a strip mall where all businesses at that location share
the same address. He felt the calls could have been made
to some of the neighboring businesses. He also serves as
a Bloomington Councilmember~
Councilmember Peterson inquired as to the stipulations
placed on the conditional use permit for the pool hall
currently at the location. The EDA Director read from
minutes of the Planning and Zoning Commission meeting
which addressed these conditions. No liquor would be
allowed on the premises and no one under 18 years old
would be allowed. The City Manager read from the City
Code yegarding this matter also.
REGULAR COUNCIL MEETING
NOVEMBER 10, 1997
PAGE 13
Motion by Sturdevant, second by Jones to approve the
request for a conditional use permit to allow a
pool/billiard hall and food/non-alcoholic beverage sales
at 4040 Central Avenue provided the building and
operation is in compliance with all licensing, zoning,
building and fire code regulations and that all
conditions of the existing conditional use permit are
also included in this approval. Roll call: All ayes
3) Authorization to Purchase Replacement Playqround
Equipment at Prestemon Park
Motion by Peterson, second by Ruettimann to authorize
staff to purchase replacement playground equipment for
Prestemon Park from Little Tikes Commercial Play Systems
(represented by Flanagan Sales, Inc.) of Minneapolis,
Minnesota, based on their responsible quotations of
$21,000, with funds to be taken from 412-45200-5180. Roll
call: All ayes
8. ADMINISTRATIVE REPORTS
A. Report of the City Manaqer
The City Manager advised that Kevin Hansen has accepted the
position of Public Works Director and will commence employment
on December 1st.
Dana Alexon has accepted the position of Assistant Fire Chief.
The City Manager noted he will be starting on December 1st.
Councilmember Ruettimann requested the City Manager to contact
local banks regarding the availability of mortgage money.
This request was made in response to some of the concerns
stated relative to the rezoning of 40th Avenue.
B. Report of the City Attorney
The City Attorney had nothing to report.
9. GENERAL COUNCIL COMMUNICATIONS
A. Minutes of Boards and Commissions
REGULAR COUNCIL MEETING
NOVEMBER 10, 1997
PAGE 14
In the agenda packet were the minutes of the September 16,
1997 EDA Meeting.
10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA
There were no comments made during the Citizen~ Forum portion
of the meeting.
1!. ADJOURArMENT
Motion by Jones, second by Ruettimann to adjourn the meeting
at 9:07 pom. Roll call: All ayes
//Mal/or ~o~e~h St~rdevan~
Ahne Student, Council Secretary