HomeMy WebLinkAboutOctober 13, 1997OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
OCTOBER 13, 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·
PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS TO MEETING AGENDA
A resident requested that the following item be removed from
the Consent Agenda: Award of Storm Sewer Improvement Study,
Proiect 09721
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 Ruettimann, second by Jones to adopt the Consent
Agenda as follows:
AdoQt Council Minutes
The Council adopted the minutes from the Council Meetings of
August 25, 1997 and September 8, 1997.
First Readinq of Ordinance No. 1359 Being an Ordinance
Authorizing the Conveyance of Certain Real Estate Located at
4619 Pierce Street
The reading of the ordinance was waived there being ample
copies available for the public.
ORDINANCE NO. 1359
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF
1977, AUTHORIZING TO CONVEY CERTAIN REAL ESTATE LOCATED AT
4619 PIERCE STREET NORTHEAST
The City of Columbia Heights does ordain:
Section 1: The City of Columbia Heights may convey unto First
Choice Homes, the real property described as follows, to wit:
REGULAR COUNCIL MEETING
OCTOBER 13, 1997
PAGE 2
That part of the South 60 feet of the North 120 feet of Lot
Fifteen (15), lying East of the West 95 feet thereof, also the
South 60 feet of the North 120 feet of Lot Sixteen (16), all
in Block One (1), Sheffield's Subdivision, according to the
plat thereof on file in the Office of the Registrar of Titles
of said Anoka County.
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 $16,000 and subject to the:
terms, and conditions specified in the sale and development'
agreement.
Section 3: This ordinance shall be in full force and effect
from and after thirty (30) days after its passage.
First reading:
October 13, 1997.
The second reading of Ordinance No. 1359 was scheduled for
October 27, 1997 at approximately 7:00 p.m.
Amend John P. Murzyn Hall ManaGement Plan
The Council approved amending the JPM Management Plan to.
remove the term "B.Y.O.B." and to clarify the policy on
renters of JPM facilities providing their own alcohol for.
events, including the regulation that alcoholic beverages.
shall be served only from the LaBelle Lounge and not from any
other room or area within Murzyn Hall.
First Reading of Ordinance No. 1360 Authorizing the Conveyance
of Certain Real Estate Located at 4625 Pierce Street
The Council waived the reading of the ordinance there being
ample copies available for the public.
ORDINANCE NO. 1360
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF
1977, AUTHORIZING TO CONVEY CERTAIN REAL ESTATE LOCATED AT
4625 PIERCE STREET NORTHEAST
The City of Columbia Heights does ordain:
Section 1: The City of Columbia Heights may convey unto First.
Choice Homes, the real property described as follows, to wit:.
That part of the North 60 feet of Lot Fifteen (15) lying East
of the West 95 feet thereof, also the North 60 feet of Lot.
Sixteen (16°), all in Block One (1) Sheffield's Subdivision. ,
REGULAR COUNCIL MEETING
OCTOBER 13, 1997
PAGE 3
Section 2: The Mayor and City Manager are hereith authorized
to execute deeds to effectuate the conveyance of said real
estate for the purchase price of $16,000 and subject to the
terms, and conditions specified in the sale and development
agreement.
Section 3: This ordinance shall be in full force and effect
from and after thirty (30) days after its passage.
First Reading:
October 13, 1997
The second reading of Ordinance No. 1360 was scheduled for
October 27, 1997 at approximately 7:00 p.m.
Resolution No. 97-55 Being a Resolution Certif¥inq Delinquent
Assessments
The reading of the resolution was waived there being ample
copies available for the public.
RESOLUTION NO. 97-55
CERTIFICATION OF DELINQUENT ASSESSMENTS
BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLUMBIA HEIGHTS, that
THE COUNTY AUDITOR be, and he is hereby directed, to levy the
delinquent special assessments, delinquent utility, and
miscellaneous delinquent bills on the properties in the City
of Columbia Heights as submitted on the attached pages and
filed in the Assessment Book for 1997 totaling $35,941.30.
BE IT FURTHER RESOLVED, that the foregoing amounts shall be
included in tlhe individual property tax statements for the
current year and identified thereon as "Special Assessments -
Fund #82683.
SAID LEVIES shall be enforced and collected in the manner
provided for the enforcement and collection of State and
County taxes under and in accordance with the provisions of
the general laws of the State. All assessments with penalties
and interest as indicated thereon paid to the County Treasurer
shall belong to the City of Columbia Heights and shall be
turned over to the City Treasurer in the manner provided by
the City Charter and Ordinances.
THE CITY OF COLUMBIA HEIGHTS shall accept payments on these
levies until October 3, 1997. Upon receipt of said payments
the City will remove them from the certification list sent to
Anoka County.
REGULAR COUNCIL MEETING
OCTOBER 13, 1997
PAGE 4
Passed this 13th day of October, 1997.
Offered by:
Seconded by:
Roll call:
Ruettimann
Jones
All ayes
Final Payment to H.E.R.C.
The Council accepted the work for the recleaning and lining of.
the Innsbruck area watermain and cleaning and lining of thel
Argonne Drive watermain and authorize final payment to
H.E.R.C. Products, Incorporated of Phoenix, 'Arizona, in the
amount of $84,235.00.
Establish Hearing Date for License Revocation of Rentall
Property Located at 3734 Third Street
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
property owner for rental property located at 3734 Third'
Street.
Approval of Classification and County Sale of Certain Forfeit
Land
The Council approved the classification and sale of 4501
Madison Street, PIN 26 30 24 43 0012 and authorized the City
Manager to return to the Anoka County Board the completed.
classification and sale approval forms alon9 with a copy ofl
this motion.
Reschedule Joint Meeting with Telecommunications Commission.
The special meeting of the City Council and thel.
Telecommunications Commission was rescheduled for Thursday,!
November 20, 1997 at 7:30 p.m.
Resolution No. 97-56 Being a Resolution Reqardinq City.
Telephone Area Code ~
The reading of the resolution was waived there being ample
copies available for the public.
RESOLUTION NO. 97-56
BEING A RESOLUTION THAT THE TELEPHONE AREA CODE FOR OUR CITY
SHOULD BE THE SAME FOR ALLAREASAND THAT NO CITY SHOULD HAVE
MORE THAN ONE AREACODE APPLICABLE TO IT
WHEREAS, the City of Columbia Heights, in cooperation with
cities of the Suburban Rate Authority, is seeking to advise
the Department of Public Safety and the Public Utilities
Commission regarding the method of area code selection for the
metropolitan area, and ~.'~
REGULAR COUNCIL MEETING
OCTOBER 13, 1997
PAGE 5
WHEREAS, the City of Columbia Heights desires to continue to
effectively and efficiently serve all residents of this city,
and
WHEREAS, the suggested division would make Columbia Heights
City Hall an island alone from the rest of Anoka County and
separate City Hall from 65% of the population it serves, and
WHEREAS, the City needs to provide for the timely and critical
services of police, fire and emergency medical care to all its
citizens, and
WHEREAS, two area codes within one city could delay police and
fire emergency response time, and
WHEREAS, the dispatch facilities for these city services would
be in a different area code than the city offices, and
WHEREAS, a City divided by area code would cause many of its
residents to have diminished, less timely service in critical
areas, and
WHEREAS, the city library shares a data base with all other
libraries in ~oka County through interlinked modems and phone
lines, and two area codes within one city would significantly
impair services for our residents using this facility, and
WHEREAS, the ]primary financial benefactors of this increased
line capacity will be US WEST and the other service providers,
therefore, these companies should be required to realign the
main wire centers along the necessary political boundaries,
and
WHEREAS, the added capacity will significantly enhance the
service providers revenues, therefore, the providers of this
service should be required to create a viable, user-friendly
system for the cities and the residents they serve.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of
Columbia Heights requests the Department of Public Service and
the Public Utilities Commission to require a geographic split
to determine the area codes and further that this split be
done along the Minneapolis-St. Paul political boundaries, so
that no city is divided by an area code.
Dated this t3th day of October, 1997~
Offered by:
Seconded by:
Roll call:
Ruettimann
Jones
All ayes
REGULAR COUNCIL MEETING
OCTOBER 13, 1997
PAGE 6
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 inl
the City of Columbia Heights, Minnesota, on the 13th day ofl
October, 1997, as disclosed by the records of said'City in my
presence.
Jo-Anne Student, Deputy City Clerk
First Readinq of Ordinance No. 1361 Beinq an Ordinance,
Authorizinq the Conveyance of Certain Real Estate Located at.
685 46 1/2 Avenue Northeast
The reading of the ordinance was Waived there being ample
copies available for the public.
ORDINANCE NO. 1361
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE
1977, AUTHORIZING TO CONVEY CERTAIN REAL ESTATE LOCATED AT 6851
46 1/2 AVENUE NORTHEAST
The City of Columbia Heights does ordain:
Section 1: The City of Columbia Heights may convey unto First
Choice Homes, the real property described as follows, to wit:.
The easterly ninety-seven feet (E'ly 97') of Lot twenty-four
(24) Sheffield Acres, according to the recorded plat thereof
on record in the office of the Registrar 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 attached agreement.
Section 3: This ordinance shall be in full force and effect
from and after thirty (30) days after its passage.
First reading:
October 13, 1997
The second -reading of Ordinance No. 1361 was scheduled for
October 27, 1997 at approximately 7:00 p.m. .~
REGULAR COUNCIL MEETING
OCTOBER 13, 1997
PAGE 7
Award of Sullivan Lake Park Sanitary Sewer Improvements,
Municipal Project #9722
The Council awarded the Sullivan Lake Park Sanitary Sewer
Improvements, Municipal Project #9722, to the consulting
engineering firm of RLK-Kuusisto, Ltd. of Minnetonka,
Minnesota, based upon their low, qualified, responsible
proposal for a cost not-to-exceed $15,965.00 appropriated from
Fund 652-49499-3050.
Payment of Bills
The Council approved the payment of the bills as listed out of
proper funds.
Authorization to Seek Bids to Repair West Bank of Jackson Pond
The Council authorized staff to seek bids to repair the west
bank of Jackson Pond with funds to be appropriated from Fund
652-49499-5130. ~
Razinq of Garaqe at 4200 Sixth Street Northeast
The Council awarded the contract for razing the garage~at 4200
Sixth Street to K.A. Stark Excavating, Inc. as per Project
#963 with funding to come from the 415 PIR Fund. PIR funds
will be replaced with the abatement fund share of building
permit fees that as of September 30, 1997 contains
approximately $6,000. Cost will be assessed to the property
per Minnesota Hazardous Building Statute 463.151. Repayment
shall be made in a maximum of five (5) years at an interest
rate of eight (8%) percent.
Approval of License Applications
The Council approved the license applications as listed.
Fence Installation - Municipal Service Center
The Council awarded the fence installation in the Municipal
Service Center yard to Security Fence and Construction, Inc.
of Columbia Heights, Minnesota, based on their low, qualified,
responsible quote of $3,970.00 with funds to be appropriated
equally from Fund 101-43121-5130 and 601-49449-5130.
Roll call on Consent Agenda: All ayes
Award of Storm Sewer Improvement Study, Project #9721
The resident at 2301 40th Avenue had requested this item be
removed from the Consent Agenda. He had been advised that a
storm sewer study had been done ten years ago for his area. He
felt it was-unnecessary to re-do a similar study.
REGULAR COUNCIL MEETING
OCTOBER 13, 1997
PAGE 8
Councilmember Ruettimann stated that the previous study had
not addressed a large area but focused only on the 40th and
McKinley area.
No action was taken on the information received from this
study as the recommendations were very expensive..
Councilmember Jolly advised that a side inlet (another pick
up) was added ten years ago but more practical solutions for
water problems are still being sought. Ten years ago staff had
considered forcing water over the surface of Prestemon Park,
letting it pond and then either evaporate or drain.
Motion by Jones, second byRuettimann to award the Storm Sewer
Improvement Study, Municipal Project #9721, to Bonestroo
RoseneAnderlik and Associates; and furthermore, to authorize
the Mayor and City Manager to enter into an agreement for the
same. Roll call: All ayes
RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS
A. Introduction of Newly-Hired Employee
The EDA Director introduced Richard Rothschild,
hired Occupancy Specialist.
the newly-
B. Proclamation
The Mayor read the proclamation designating October as:.
National Mammography Month and October 17, 1997 as National
Mammography Day.
C. Presentations
The Mayor read the award received by the City from Anoka
County Board of Commissioners regarding recycling efforts of
the City's residents.
PUBLIC HEARINGS
A. Conditional Use Permit/Public Hearinq, Kenneth J. Steles'
d/b/a/ K.J.'s Cafe, 4005 Central Avenue
The City Planner explained that there is a cafe already at'
this location. The permit request is being made by the new
owner. Changes being proposed by the new owner were addressed.
REGULAR COUNCIL MEETING
OCTOBER 13, 1997
PAGE 9
Motion by Peterson, second by Ruettimann to approve the
conditional use permit request to allow the operation of the
proposed K.J's Cafe at 40~ Central Avenue provided the
required final inspections are conducted and approval is
9ranted by the Anoka County Health Department and the
appropriate licenses are obtained by the applicant for .the
operation. Ro].l call: All ayes
B. RezoninG/ComD. Plan Amendment Public HearinG, City of
Columbia HeiGhts, 825 51st Avenue Northeast
1) First Reading of Ordinance No. 1362 Being Zoning Request
for St. Timothy's Church at 825 51st 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
ORDINANCE NO. 1362
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853 PERTAINING TO
THE REZONING OF CERTAIN PROPERTY
Section 1: That certain property legally described as Lots 7
and 8 lying East of the West 224 feet, Auditor's Subdivision
No. 51, except the North 3.6 acres thereof, Anoka County,
Minnesota, which is currently zoned R-2, One and Two Family
Residential, shall hereafter be zoned R-3, Multiple Family
Residential.
Section 2: This ordinance shall be in full force and effect
from and thirty (30) days after its passage°
First Reading:
October 13, 1997
Motion by Ruettimann, second by Peterson to schedule the
second reading of Ordinance No. !362 for October 27, 1997 at
approximately 7:00 p.m. Roll call: All ayes
2) Comprehensive Plan Amendment.
The reason for this Comprehensive Plan Amendment is due to the
rezoning of 805 51st Avenue Northeast and 825 51st Avenue
Northeast from "R-2", one and two family residential, to "R-
3", multiple family residential.
Motion by Peterson, second by Sturdevant to approve the
proposed Comprehensive Plan Amendment as it will make both the
Plan and Ordinance a consistent document. Roll call: All ayes'
REGULAR COUNCIL MEETING
OCTOBER 13, 1997
PAGE 10
C. Second Reading and Public Hearing of Ordinance No. 1357
Being an Ordinance Authorizing Conveyance of Certain Rea]
Estate Located at 572 3~ 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
ORDINANCE NO. 1357
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF
1977, AUTHORIZING TO CONVEY CERTAIN REAL ESTATE LOCATED AT 572
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:
That part of Lot 10 lying West of the East 23.3 feet thereof,
all of Lot 11, and the East 11.6 feet of Lot 12, all in Block
89, Columbia Heights Annex to Minneapolis, Mn.
Section 2: The Mayor and City Manager are herewith authorized
to execute deed to effectuate the conveyance of said real
estate subject to the terms, purchase price, and conditions
specified in the attached agreement labeled "Exhibit A."
Section 3: This ordinance shall be in full force and effect
from after thirty (30) days after its passage.
First Reading:
Second Reading:
Date of Passage:
9-22-97
10-13-97
10-13-97
Offered by:
Seconded by:
Roll call:
Ruettimann
Jolly
Ail ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
D. Second Reading and Public Hearing of Ordinance No. 1355
Beinq an Ordinance Correcting Ordinance No 1354 uthorlzinq
the Conveyance of Certain Real Estate Located at 4613-15
Pierce Street Northeast
REGULAR COUNCIL MEETING
OCTOBER 13, !997
PAGE 11
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. 1355
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF
1977, AUTHORIZING TO CONVEY CERTAIN REAL ESTATE LOCATED AT
4613-15 PIERCE STREET 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:
That part of the South 60 feet of the North 180 feet of Lot
Fifteen (15), lying East of the West 95 feet thereof, also the
South 60 feet of the North 180 feet of Lot Sixteen (t6), all
in Block One (1), Sheffield's Subdivision, Anoka County,
Minnesota.
Section 2: The Mayor and City Manager are herewith authorized
to execute deed to effectuate the conveyance of said real
estate subject to the terms, purchase price, and conditions
specified in the attached agreement labeled "Exhibit A."
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:
9-22-97
10-13-97
10-13-97
Offered by:
Seconded by:
Roll call:
Jones
Peterson
Ail ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
The City Planner advised that the surviving address for this
property is 4613 Pierce Street Northeast.
E. Second Reading and Public Hearinq of Ordinance No. 1358
Being an Ordinance Creatinq a New Section of the Citv Code
Which Creates the Local Enforcement of Administrative (Code)
Offenses
REGULAR COUNCIL MEETING
OCTOBER 13, 1997
PAGE 12
This ordinance puts into place a system where a local tag will
be issued for all code (ordinance) violations in the City.
This allows a person tagged for offenses such as overtime
parking, junk vehicles, animal at large, etc., to receive an
administrative tag and to pay this tag at City Hall.
Motion .by Sturdevant, second by Ruettimann to waive the
reading of the ordinance there being ample copies available
for the public. Roll call: All ayes
ORDINANCE NO. 1358
BEING AN ORDINANCE CREATING ANEW SECTION 8, CHAPTER 3,
OF THE COLUMBIA HEIGHTS CITY CODE WHICH CREATES THE LOCAL
ENFORCEMENT OF ADMINISTRATIVE (CODE) OFFENSES
The City of Columbia Heights does ordain:
ADMINISTRATIVE OFFENSES
Subd. 1 DEFINITIONS: An administrative offense is a violation
of any section of this code when one performs an act
prohibited or fails to act when such failure is therebyl
prohibited and is subject to the penalties set forth in this'
code and attached schedule.
Any person violatin9 a section of this code shall be subject
to the scheduled penalty, not to exceed $100 for each offense..
Subd. 2 NOTICE: Any member of the Police Department and/or any.
person employed by the City with authority to enforce this
code shall~ upon determining that there has been a violation,
notify the violator, or person responsible for the violation,
or in the case of a vehicular violation by attaching to said
vehicle notice of the violation, said notice setting forth the
nature, date, time of the violation, the name of the official~
issuing the notice and the amount of the scheduled initial
penalty, and where applicable, any charges relating thereto.
Subd. 3 PAYMENT: Once such notice is given, the person
responsible for the violation shall, within seven (7) days ofl
the time of issuance of the notice, pay full satisfaction of
the stated violation scheduled to the City Finance Department.
The penalty may be paid in person orby mail and payment shall
be admission of the violation.
REG~ COUNCIL MEETING
OCTOBER 13, 1997
PAGE 13
Subd. 4 FAILURE TO PAY: If a violator fails to pay the penalty
imposed by this section, the matter may be processed as a code
violation through the Anoka County Court system.
Subd. 5. DISPOSITION OF PENALTIES: Ail penalties collected
shall be paid over to the City Finance Department. The Finance
Director or his designee may receive negotiable instruments in
payment~of penalties as a conditional payment and shall not be
held accountable therefor. Receipt shall be issued for cash
payment.
Subd. 6. POWERS AND DUTIES OF FINANCE DIRECTOR: In addition to
all other duties set forth in the code, the Finance Director
may delegate and supervise the work of City employees
implementing and administering this chapter. The Finance
Director shall make and have custody of all records necessary
and shall keep proper accounts of the proceeds received.
Subd. 7. SCHEDULED PENALTIES: Penalties shall be imposed for
violation of the scheduled administrative offenses according
to a schedule duly established and adopted from time to time
by Resolution of the City Council.
This ordinance shall be in full force and effect from and
after thirty (30) days after its passage.
Offered by:
Seconded by:
Roll call:
Sturdevant
Ruettimann
Ail ayes
First reading:
Second reading:
Date of passage:
September 22, 1997
October 13, 1997
October 13, !997
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
F. Second Readinq and Public Hearinq of Ordinance No. 1349
Being an Ordinance Amending the City Charter ReGardinG Rules
and Procedure and Quorum
Councilmember Ruettimannexplained what the intention of this
ordinance is.
Motion by Ruettimann, second by Peterson to waive the reading
of the ordiuance there being ample copies available for the
public. Roll call: All ayes
REGULAR COUNCIL MEETING
OCTOBER 13, 1997
PAGE 14
ORDINANCE NO. 1349
BEING AN ORDINANCE AMENDING CHAPTER 3, SECTION 17 OF THE'
CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO RULES OF
PROCEDURE AND QUORUM
The City of Columbia Heights does ordain:
Section 1: Chapter 3, Section 17, of the Charter of the City.
of Columbia Heights which currently reads as follows, to wit:
RULES AND PROCEDURES AND QUORUM. The Council shall determine
its own rules and order of business, and shall keep a journalI
of its proceedings. A majority of all members elected shall
constitute a quorum to do business, but a less number may
adjourn from time to time. The council shall provide byI
ordinance a means by which a majority may compel the'
attendance of absent members.
IS HEREWITHAMENDED TO READ AS FOLLOWS:
RULES AND PROCEDURE AND QUORUM. The council shall determinel
its own rules and order of business, and shall keep a legible,
written journal and audiotapes of its proceedin9s. Such!
journal shall be kept of all public meetings of the Council'
and any bod¥on which a majority of the members of the Councili
serve. A majority of all members elected shall constitute al
quorum to do business, but a less number may adjourn from time
to time. The council shall provide by ordinance a means by
which a minority may compel the attendance of absent members.
Executive sessions of the Council shall keep such records as
required by state statute. Each board and commission appointed
by the Council shall keep a journal of its ~roceedinqs.
Section 2: This ordinance shall be in full force and effect
from and after ninety (90) days after its passage.
First Reading:
Second Reading:
Date of Passage:
September 22, 1997
October 13, 1997
October 13, i997
Offered by:
Seconded by:
Roll call:
Ruettimann
Peterson
Ail ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
REGULAR COUNCIL MEETING
OCTOBER 13, 1997
PAGE 15
ITEMS FOR CONSIDER3~TION
A. Other Ordinances and Resolutions
1) First Reading of Ordinance No.
1356 Bein~ an Ordinance
Amending the Zoning Ordinance ReGardinG Gun Shop DesiGnation
ORDINANCE NO. 1356
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853 CITY CODE OF
1977, AND PERTAINING TO ZONING AMENDMENTS.
The City of Columbia Heights does ordain:
Section 1: Section 9.115A (2) of Ordinance No. 853, City
Code of 1977 which currently reads as follows, to wit:
9.115A (2) Conditional Accessory Uses.
Within any "I-2" Industrial District no structure or land
shall be used for the following accessory uses except by
Conditional Use Permit.
(a) Those uses set forth in Section 9.115 (2) and as
regulated therein.
(b) Auto sales, subject to the following conditions:
(i) The use of the property for auto sales must be accessory
only to auto repair or auto reduction yards.
(ii) The permitted and accessory uses must be on a site plan
approved by the Planning and Zoning Commission or by the
City Council.
(iii) An open auto sales lot must comply with the provisions
of Section 9.116 (14).
(iv) Ail auto's presented for sale must be parked on an
impermeable to oil and water surface in good repair, such as
asphalt or concrete and on parking spaces no smaller than
twenty feet (20') in length ]Dy ten feet (10') in width.
(v) No more than fifteen (15) cars may be available for sale
at any given time.
(vi) Ail cars offered for sale must be stored within a
securely fenced area.
REGULAR COUNCIL MEETING
OCTOBER 13, 1997
PAGE 16
(vii) Ail customer and employee parking must be located on a
parking lot with a surface impermeable to oil-and water, i
such as asphalt or concrete, said surface must be maintained.
in a condition of good repair.
is hereby amended to read as follows:
9.115A (2) Conditional Accessory Uses.
within any ~I-2" Industrial District no structure or land
shall be used for the following accessory uses except by
Conditional Use Permit.
(a) Those uses set forth in Section 9.115 (2) and as
regulated therein.
(b) Auto sales, subject to the following conditions:
(i) The use of the property for auto sales must be accessory:
only to auto repair or auto reduction yards.
(ii) The permitted and accessory uses must be on a site plan.
approved by the Planning and Zoning Commission or by the
City Council.
(iii) ~_n open auto sales lot must comply with the provisions'
of Section 9.116 (14).
(iv) All auto's presented for sale must be parked on an
impermeable to oil and water ~urface in good repair, such as
asphalt or concrete and on parking spaces no smaller than
twenty feet (20') in length by ten feet (10') in width.
(v) No more than fifteen (15) cars may be available for sale
at any given time.
(vi) Ail cars offered for sale must be stored within a
securely fenced area.
(vii) All customer and employee parking must be located on a.
parking lot with a surface impermeable to oil and water,
such as asphalt or concrete, said surface must be maintained
in a condition of good repair.
REGULAR COUNCIL MEETING
OCTOBER 13, 1997
PAGE 17
9.115A (3) Conditional Uses
Within any ~I-2" Industrial District no structure or land
shall be used for the following uses except by Conditional
Use Permit.
(a) Sexually Oriented Businesses.
.(b)Gun and/or ammunition sales/repair.
(i) The operation on any Gun/ammunition sales/repair
shall be pursuant to the following conditions and MN
State Statute Number 624.712 as amended.
(ii) Includes all operations where the Gun and/or
ammunition sales/repair are 5 % (five percent) or more
of sales.
.(iii) Such uses shall be located not less than two
hundred (200) feet from any residentially zoned
property..
(iv) Such uses shall be located not less than fiv~
hundred (500) feet from any church, school, daycar~
facility, public library or Governmental building or
one hundred fifty (150) feet from a park; and
(v) Such uses shall be located not less than one
thousand (1,000) feet from other Gun and/or ammunition
sales/repair businesses.
Section 2: This Ordinance shall be in full force and effect
from and after thirty (30) days its passage.
First Reading: 10-13-97
Motion by Peterson, second by Jones to schedule the second
reading of Ordinance No. 1356 for October 27, 1997 at
approximately 7:00 p.m. Roll call: All ayes
2) Resolution No. 97-54 Being a Resolution DesiGnating
Election JudGes for the 1997 Municipal General Election
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
REGULAR COUNCIL MEETING
OCTOBER 13, 1997
PAGE 18
RESOLUTION NO. 97-54
BEING A RESOLUTION DESIGNATING ELECTION JUDGES FOR THE 1997
MUNICIPAL ELECTION
WHEREAS: There are scheduled elections in the City of
Columbia Heights; and
WHEREAS: Pursuant to City Charter, Section 30'and M.S.S.
204A, the Council shall appoint qualified voters in each
election district to be judges for election.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the
City of Columbia Heights does appoint the attached list of
judges, by precinct, for the Municipal Election to be held
on November 4, 1997, with an hourly remuneration of ~6.50
for a head judge and $6.00 for an election judge.
Passed this 13th day of October, 1997.
Offered by:
Seconded by:
Roll call:
Jolly
Peterson
Ail ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
B. Bid Considerations
1) Award of Sanitary Sewer Manhole Restoration at 42nd
Avenue and Central Avenue
Motion by Jones, second by Sturdevant to award the 42nd
Avenue and Central Avenue sanitary sewer manhole restoration
to Infratec Infrastructure°Technologies, Inc. of Brooklyn
Park, Minnesota, based upon their low, qualified responsible'
quote in the amount of $4,100.00 with funds to be
appropriated from Fund 652-49499-4999; and furthermore, to
authorize the Mayor and City Manager to enter into an
agreement for the same. Roll call: All ayes
C. Other Business
1) Resident Concerns ReGardinG Building ReDair
Councilmember Ruettimann stated he has been receiving a
number of phone calls from residents in the Reservoir
Boulevard a~ea. Their concerns were regarding buildings on
Central Avenue which are in need of repair.
REGULAR COUNCIL MEETING
OCTOBER 13, 1997
PAGE 19
2) ParkinG/UnloadinG Behind City Lic~uor Store on University
Svenue
Motion by Ruettimann, second by Peterson to forbid any
unloading in the alley behind the liquor store owned by the
City on University Avenue. Roll call: All ayes
Councilmember Ruettimann advised that some options
associated with these deliveries would be to deliver in the
back door of the liquor store, put a side door in the liquor
store and that the delivery truck be locked to avoid theft.
The City Manager noted that the basement alley side wall of
the liquor store is in need of repair. The City's Building
Inspector is handling this matter.
3) Multi-Agency AGreement for Anoka County Theft Task Force
Motion by Jolly, second by Ruettimann to direct the Mhyor
and City Manager to enter into a Multi-Agency Agreement with
Anoka County for the Anoka County Auto Theft Task Force to
be funded through a grant obtained by Anoka County from the
Minnesota Department of Public Safety in the amount of
$115,528. Roll call: All ayes
4) Contract for Library Roof
Councilmember Ruettimann was concerned with what appeared to
be an open-ended bid. He inquired if a new roof were bid.
The City Manager responded that a new roof had not been bid
but it may be a consideration in two or three years.
Motion by Jolly, second by Peterson to award the contract
for the Library roof repair to Dalsin Roofing based upon a
firm quotation of $6,400.00. Funding for the repairs to come
from a fund to Account 411, Capital Improvement General
Government Building Fund. Roll call: All ayes
5) ChanGe in WaGe Classification
The Mayor had understood this wage classification change was
effective January 1997. The Assistant to the City Manager
responded May 1997 was the effective date chosen by the City
Council.
REGULAR COUNCIL MEETING
OCTOBER 13, 1997
PAGE 20
Motion by Peterson, second by Ruettimann to approve the
revised job descriptions for the positions of Administrative
Secretary and Council Secretary/Deputy City Clerk and to
establish the wage range for the Administrative Secretary at
the same level as for Council Secretary/Deputy City Clerk,
that being: effective 5-1-97: entry $2,500; 6 m~nths $2,585;
1 year $2,671; 2 years $2,756; 3 years $2,841 -'effective 1-
1-98: entry $2,587, 6 months $2,675; 1 year $2,764; 2 years
$2,852; 3 years $2,940. Roll call: All ayes
6) Authorization to Purchase and Install Materials Security
.System at the Library
Motion by Ruettimann, second by Peterson to purchase and
install a 3M Tattle-Tape materials security system in the
library at a cost of $27,373 based on State contract prices
for hardware and supplies; and furthermore, to authorize the
Mayor and City Manager to enter into an agreement for the
same. Roll call: All ayes
Motion by Ruettimann, second by Peterson to authorize
purchase and installation of miscellaneous items listed
above needed to accommodate the installation of the Tattle-
Tape materials security system at a cost of approximately
$11,730. Roll call: All ayes
7) Removal of "No Turn on Red" SiGn on Central Avenue at
37th Avenue
The Acting City Engineer advised that all of the residents
who attended the Traffic Commission meeting where this
matter was discussed supported leaving the sign in place.
The Traffic Commission voted 3-2 to recommend to the Council
removal of the sign.
A representative of the Columbia Park Neighborhood
Association stated that organization's support for the sign.
There was also discussion regarding a task force being
formed with representatives from Minneapolis and from
Columbia Heights to address issues of mutual concern between
the two cities relative to traffic and border area
situations.
Motion by Sturdevant, second by Peterson to retain the "No
Turn on Red" sign for southbound traffic on Central Avenue
and 37th Avenue. Roll call: All ayes
REGULAR COUNCIL MEETING
OCTOBER 13, 1997
PAGE 21
8) Board/CommissionAppointment Process
Councilmember Ruettimann requested the City Manager to
gather all of the active applications for boards and
commissions which are on file. They should be reviewed
regarding what specific boards and commissions these applY.
Councilmember Jolly noted that Traffic Commission member
Duda resigned from the Commission at its most recent
meeting. He has moved from Columbia Heights.
Motion by Ruettimann, second by Peterson that review of
current board and commission applications be included on the
agenda of the October 20, 1997 Council work session. Roll
call: Ail ayes
9) Authorization to Seek Bids to Replace Loader-Mounted
Snowblower
Motion by Jolly, second by Jones to authorize staff to seek
bids for one new loader-mounted snowbtower. Roll call: All
ayes
ADMINISTRATIVE REPORTS
A. Report of the City Manager
The City Manager had nothing to report at this time.
Councilmember Jolly gave the address of a home on 43rd
Avenue whose owner had contacted him regarding sod. It was
noted that the sod had been disturbed during the recent
street project. Staff will follow up on this matter.
There was discussion regarding an electronic voting system
for the Council table. The Assistant to the City Manager had
nothing to report on this at the present time.
Other issues mentioned were ramp repairs at Jackson Pond and
the timeframe for removal of a h~use on blocks where another
house is going to be built.
B. Report of the City Attorney
The City Attorney had nothing to report at this time.
GENERAL COt/NC]iL COMMUNICATIONS
A. Minutes of Boards and Commissions
REGULAR COUNCIL MEETING
OCTOBER 13, 1997
PAGE 22
10.
Minutes of the following meetings were included in the
agenda packet:
1) August 21, 1997 Special Charter Commission Meeting
2) September 2, 1997 Library Board of Trustees Meeting
3) October 7, 1997 Planning and Zoning Commission Meeting
4) October 6, 1997 Traffic Commission Meeting
CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON
AGENDA
A resident thanked the Council for its action on a number of
issues some of which were the clarification on alley parking.
adjacent to the liquor store on University Avenue, the
disposition of the sign on 37th Avenue and the hill on 43rd
Avenue.
RECESS TO EXECUTIVE SESSION
Motion by Sturdevant, second by Ruettimann to recess the
Regular Council Meeting to an Executive Session at 9:21 p.m.
to discuss a settlement with Lynde Investments and the
status of pending litigation with Cook vs. City of Columbia
Heights and to appoint Jo-Anne Student as Recording
Secretary to keep a written report of the same. Roll call:
All ayes
RECONVENE TO REGULAR COUNCIL MEETING
Motion by Peterson, second by Jones to reconvene the Regular.
Council Meeting from the Executive Session at 10:07 p.m.
which was called to discuss a settlement with Lynde
Investments and the status of pending litigation with Cook
vs. City of Columbia Heights with a written report being
kept by Jo-Anne Student, Council Secretary. Roll call: All
ayes
11. ADJOURNMENT
Motion by Peterson, second by Jones to adjourn the Regular
Council Meeting at 10:07 p.m. Ro~l call: All ayes
Jayor/~7o~eph Sturd~vant
1 secretary