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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