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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