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HomeMy WebLinkAboutAugust 11, 1997OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS BOARD OF TRUSTEES VOLUNTEER RELIEF ASSOCIATION ~3GUST 11, 1997 CALL TO ORDER/ROLL CALL The Mayor called the Board of Trustees Meeting to order at 9:46 p.m. Mayor Sturdevant and Councilmembers Jones, Jolly, Ruettimann and Peterson were present. APPROVAL OF MINUTES of July 28, 1997 Motion by Peterson, second by Ruettimann to approve the minutes of the July 28, 1997 Volunteer Fire Relief Association. Roll call: All ayes ACCEPTANCE OF NEW MEMBERS Motion by Peterson, second by Ruettimann to have the Fire Department Volunteer Relief Association Board of Trustees take official action to accept Katie D. Maruska, Dustin L. Rogne, Randy R. Rogne and Lisa M. Hartwig as members of the Association effective August 1, 1997. Roll call: All ayes ADJOURNMENT Motion by Peterson, second by Ruettimann to adjourn the meeting of the Volunteer Fire Relief Association at 9:48 p.m. Roll call: Ail ayes o-Anne Student, ~Councit ay-or ~o~ep~ Sturaev~n-~ Secretary OFFICIAL PROCEEDIN(~S COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 11, 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 There were no additions nor deletions to the meeting agenda. CONSENT AGENDA (Items on the Consent Agenda are considered to be 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 items as listed below: 1) Adopt Council Minutes The Council approved the minutes of the July 28, 1997 Regular Council Meeting. 2) Razing of Building at 4200 Sixth Street and 3853 Central Avenue Using the Abatement Fund The Council authorized the Building Official to prepare bid specifications and solicit a minimum of three bids for abatement of the structures. Abatement shall commence as soon as funds are available from the Abatement Fund that was authorized to be created by Resolution No. 97-34. 3. Federal Police Grant Funding The Council appropriated and transferred $34,000 from the Cops FAST grant fund to the Clinton Cops grant fund and appropriated and transferred $85,470 from the General Fund Police Departn~nt to the Clinton Cops 9rant fund. 4. Purchase of Padded Chairs for Murzyn Hall The Council authorized the Recreation Department staff to purchase 104 padded chairs, Model CHF476UB, at the cost of $29.60 per chair, for a total of $3,078.40. REGULAR COUNCIL MEETING AUGUST 11, 1997 PAGE 2 5. Request to Dispose of City E~uipment The Council authorized staff to sell through notification, advertisements or consignment, the Data Conversion, Inc' System 7000 microfilm machine. 6. Authorization to Seek Bids for Retaining Wall Construction The Council authorized staff to seek bids for retaining wall. construction at 1316 44th Avenue, 1320 44th Avenue, and 4001 Arthur Street. 7. Close Hearing - Rental License Revocation The Council closed the public hearing regarding the revocatio~ or suspension of a rental license held by Michael Ryen regarding rental property at 643 40th Avenue in that the provisions of the Housing Maintenance Code have been complied with. 8. Authorization to Seek EnGineerinG Proposals on Storm Sewe¥~ Improvements The Council authorized staff to solicit proposals from consultants for the evaluation and design of improvements fo~ specific portions of the storm sewer system. 9. Block Party Request - Michele Reynolds, 4051 Second Street The Council approved the request of Michele Reynolds, 405]. Second Street, to block off Second Street between 40th Avenue and 41st Avenue for a block party from 4:00 p.m. to 12:00 midnight on Saturday, August 23, 1997. 10. Payment of Bills The Council authorized the payment of the bills as listed out: of proper funds. 11. License Applications The Council authorized approval of the license applications as listed. 12. Landing of Air National Guard Helicopter at Huset Park The Council approved the landing of the Air National Guard helicopter for the 1997 Safety Camp held on August 13, 1997.' Roll call on Consent Agenda: All ayes RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS A. Introduction of Newly-Hired Employee Keith Windschitl, the newly-hired Recreation Director, was introduced. REGULAR COUNCIL MEETING AUGUST il, 1997 PAGE 3 B. Guests Larry Podany, Anoka County Sheriff, was a guest at the Council Meeting. He addressed the activities of his department for the last year and noted the good on-going relationship his department has enjoyed over the years with the Columbia Heights Police Department. Rick Packer, the City's representative to the Metropolitan Council, spoke of the regional activities of the organization. He referred to the current understaffing of the Met Council which has resulted in some delays affecting various municipalities. Councilmember Ruettimann requested a list of Met Council staff and their office phone numbers who would be responsive to our particular city for items of mutual interest and concern. PUBLIC HEARINGS There were no public hearings. ITEMS FOR CONSIDEP_ATION A. Other Ordinances and Resolutions 1) Second Readinc of Ordinance No. 1350 Re~ardinq Fences Motion by Sturdevant, second by Peterson to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1350 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND PERTAINING TO CONSTRUCTION OF FENCES AND RETAINING WALLS The City of Columbia Heights does ordain: 6.401 (1) No person, firm, partnership or corporation shall construct, or cause to be constructed, or erected within the City any fence, (six) 6 feet or higher, without securing a permit therefore from the Building Official who shall require submission of an application prior to issuance of a permit° 6.401 (2) For purposes of this section, the following words shall have the meaning ascribed to them: REGULAR COUNCIL MEETING AUGUST 11, 1997 PAGE 4 (a) A fence is any partition, structure, wall or gate erected as a dividing marker, barrier, or enclosure of a permanent nature. (b) A privacy fence is a fence more than forty-two (42) inches in height which is constructed in a manner so as. to completely obstruct view from the property on which the fence is located to the property immediately adjacent and on the opposite side of such fence. (c) Front yard is any portion within the front yard setback. 6.401 (3) The written application shall be submitted to the Building Official setting forth the type of fence proposed, the materials to be used therefor, the height of the proposed fence, and the exact location of the proposed fence. 6.401 (4) All boundary line fences shall be located entirely upon the private property of the person, firm or corporation constructing or causing the construction of such fence unless the owner of the adjoining property agrees in writing that. such a fence may be erected on the division line of the respective properties. In the case of a property line dispute, the Building 'Inspector may require the owner of the property upon which a fence now exists to cause to establish a boundary line of his/her property by survey thereof to be made by a registered land surveyor. The Building Official may similarly require any applicant for a fence permit to obtain a similar survey. However, the Building Official shall not become an arbitrator of boundary disputes between private, persons. 6.402 (1) Fences, free standing walls, and retaining walls shall be constructed in a substantial and workmanlike manner to withstand conditions of soil, weather and use, and of substantial material reasonably suited to the purpose for which the fence, free standing wall or retaining wall is' proposed to be used. No previously used materials such as old barn boards or railroad ties may be used in any fence, free standing wall or retaining wall within the City. Minimum standards for construction of fences, free standing walls and retaining walls shall be prescribed hereinafter. 6.402(2) All fences shall be constructed of the following' approved fencing materials: REGULAR COUNCIL MEETING AUGUST 11, 1997 PAGE 5 (a) Galvanized or vinyl coated woven fabric minimum eleven and one-half (11 1/2) gauge, with two (2) inch maximum mesh, with knuckles up and cut edge down. (b) Approved vinyl fencing materials. (c) Treated wood or wood of natural materials resistant to decay. 6.402 (3) All fences shall be constructed with the posts on the inside of the fence with the finished side~ facing the adjacent properties. 6.402 (4) Retaining walls or free standing walls shall be constructed in the following manner: (a) Retaining walls and cribbing shall be used to stabilize steep slopes or prevent erosion. (b) They shall be designed in accordance with sound engineering p:ractice; including, but not limited to, a minimum four (4) inch concrete footing of appropriate width and drains of appropriate type, size and spacing. (c) Cribbed slopes shall be appropriately planted if open faced cribbing is used. (d) The retaining wall or free standing wall shall be constructed in a manner that presents a finished appearance to the adjoining property where applicable. (e) With regard to measuring the permissible height of fences which consist of or include retaining walls, terracing may not be used as a device to exceed the height limitations of this Chapter. In the case of terraced walls or fences, each terraced wall or fence will be added to the height of the lowest span of wall or fence to the extent that it exceeds the said lowest span for purposes of determining the. height of a wall or fence under this Chapter, and the said total of those measurements shall be considered as the height of a Single fence or wall hereunder. 6.403 (1) Barbed wire fences shall not be permitted, used or constructed except in industrial districts and upon property used for public purposes. REGULAR COUNCIL MEETING AUGUST 11, 1997 PAGE 6 Every fence so constructed under this Section and any fence existing at the time of the passage of this Section shall b~ maintained in a condition of reasonable repair and shall not: be allowed to become and remain in a condition of disrepair or dangerous. Any property owner who receives notice from .the Buildinq Official that his/her fence is in a state of disrepair or is dangerous shall repair said fence within thirty (30) day~ after receipt of written notice to abate said condition by the Building Official. 6.403 (2) A six (6) foot constructed only if: privacy fence may be (b) Any such fence to be constructed or maintained in the front yard of any corner lot -;:ill ncr cbstruct vizicn from th~ ~" ......- -~ ~ ~-'~' ........ ~" ..... ~-. .. thirty The Building Official shall dete~ine the maximum allowable height for fences on a corner lot in accordance with his personal obse~ations and findings relating to visibility. 6.403 (4) .(c) Any such fence will not be more than forty-two (42) inches high "~----~-"-~-~ ...... ~ ...... ~'~-'- ~ ~ ...... ~ .................... c-rn-r 6.403 (5) Fences for special purposes and fences differing in construction, height or length may be permitted in an~, district in the City by the issuance of a special fence permit recommended by the Planning and Zoning Commission and approved by the Council upon proof and reasons submitted by. the applicant and upon showing to said bodies that such special fence is necessary to protect, buffer, or improve the premises for which such fence is intended. Notice of any application for any special purpose fence shall, before consideration thereof, first be served upon all abutting properties of such applicant with proof of service filled with the Planning and Zoning Commission. Such special fence permit, if issued, may stipulate and provide for the height, location, construction and type of special fence thereby permitted. REGULAR COUNCIL MEETING AUGUST 11, 1997 PAGE 7 is hereby amended to read as follows: 6.401 (1) No person, firm, partnership or corporation shall construct, or cause to be constructed, or erected within the City any fence, 6 (six) feet or higher, without securing a permit therefore from the Building Official who shall require submission of an application prior to issuance of a permit. 6.401 (2) For purposes of this section, the following words shall have the meaning ascribed to them: (a) A fence is any partition, structure, wall or gate erected as a dividing marker, barrier, or enclosure of a permanent nature. (b) A privacy fence is a fence more than fortY-two (42) inches in height which is constructed in a manner so as to completely obstruct view from the property on which the fence is located to the property immediately adjacent and on the opposite side of such fence. (c) Front yard is any portion within the front yard setback. 6.401 (3) The written application shall be submitted to the Building Official setting forth the type of fence proposed, the materials to be used therefor, the height of the proposed fence, and the exact location of the proposed fence. 6.401(4) Ail boundary line fences shall be located entirely upon the private property of the person, firm or corporation constructing or causing the construction of such fence unless the owner of the adjoining property agrees in writing that such a fence may be.erected on the division line of the respective properties. In the case of a property line dispute, the Building Inspector may require the owner of the property upon which a fence now exists to cause to establish a boundary line of his/her property by survey thereof to be made by a registered land surveyor. The Building Official may similarly require any applicant for a fence permit to obtain a similar survey. However, the Building Official shall not become an arbitrator of boundary disputes between private persons. REGULAR COUNCIL MEETING AUGUST 11, 1997 PAGE 8 6.402 (1) Fences, free standing walls, and retaining walls shall be constructed in a substantial and workmanlike manner to withstand conditions of soil, weather and use, and of substantial material reasonably suited to the purpose for which the fence, free standing wall or retaining wall is proposed to be used. No previously used materials such as old barn boards or railroad ties may be used in any fence, fre~ standing wall or retaining wall within the City. Minimum standards for construction of fences, free standing walls and retaining walls shall be prescribed hereinafter. 6.402 (2) Ail fences shall be constructed of the following approved fencing materials: (a) Galvanized or vinyl coated woven fabric minimum eleven and one-half (11 1/2) gauge, with two (2) inch maximum mesh, with knuckles up and cut edge down. (b) Approved vinyl fencing materials. (c) Treated wood or wood of natural materials resistant to decay. 6.402 (3) All fences shall be constructed with the posts on the inside of the fence with the finished side facing the adjacent properties. 6.402 (4) Retaining walls or free standing walls shall be constructed in the following manner: (a) Retaining walls and cribbing shall be used to stabilize steep slopes or prevent erosion. (b) They shall be .designed in accordance with sound engineering practice; including, but not limited to, a minimum four (4) inch concrete~footing of appropriate width and drains of appropriate type, size and spacing. (c) Cribbed slopes shall be appropriately planted if open faced cribbing is used. (d) The retaining wall or free standing wall shall be constructed in a manner that presents a finished appearance t0 the adjoining property where applicable. REGULAR COUNCIL MEETING AUGUST 11, 1997 PAGE 9 (e) With regard to measuring the permissible height of fences which consist of or include retaining walls, terracing may not be used as a device to exceed the height limitations of this Chapter. In the case of terraced walls or fences, each terraced wall or fence will be added to the height of the lowest span of wall or fence to the extent that it exceeds the said lowest span for purposes of determining the height of a wall or fence under this Chapter, and the said total of those measurements shall be considered as the height of a single fence or wall hereunder. 6.403 (1) Barbed wire fences shall not be permitted, used or constructed except in industrial districts and upon property used for public purposes. Every fence so constructed under this Section and any fence existing at the time of the passage of this Section shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or dangerous. Any property owner who receives notice from the Building Official that his/her fence is in a state of disrepair or is dangerous shall repair said fence within thirty (30) days after receipt of written notice to abate said condition by the building Official. 6.403 (2) A six and one-half (6 1/2) foot high privacy fence may be constructed only within property lines and shall not extend beyond the front corners of the main structure (house). Any fence higher than six and one-half (6 1/2) feet would reccuire a S1oecial Purpose Fence Permit approved by the Planning and Zoning Commission and City Council. (a) A site plan and construction plan for the fence location must be approved by the Buildinq InsDection/Planninq Department staff and a BuildinG Permit is issued. (b) Any such fence to be constructed or maintained in. the front yard (limited to forty-two (42} inches) or on a corner lot, no construction shall be permitted in excess of thirty (30) inches above the abuttinq curb line shall be permitted within a trianqular area as defined as follows: Beginning at. the intersection of the projected curb line of two intersectinq streets, then thirty (30) feet alonq one curb line, then diaqonally to a point thirty (30} feet from th~ point of beqinninq on the other curb line then to point of beqinninq. The Building Official shall determine the maximum allowable height for fences on a corner lot in accordance with his personal observations and findings relating to visibility. REGULAR COUNCIL MEETING AUGUST 11, 1997 PAGE 10 6.403 (4) (c) Any such fence will not be more than forty-twO (42) inches high when constructed anywhere within the fron~ yard setback area uD to the front corners of the main ~tructure (house). 6.403 (5) Fences for special purposes and fences differing in construction, height or length may be permitted in anY district in the City by the issuance of a special fence permi~ recommended by the Planning and Zoning Commission and approved by the Council upon proof and reasons submitted by the applicant and upon showing to said bodies that such specia! fence is necessary to protect, buffer, or improve the premises for which such fence is intended. Notice of any application for any special purpose fence shall, before consideration thereof first be served upon all abutting properties of such applicant with proof of service filled with the Planning and Zoning Commission. Such special fence permit, if issued, may stipulate and provide for the height, location, construction and type of special fence thereby permitted. This Ordinance shall be in full force and effective January 1, 1998. First Reading: Second Reading: Date of Passage: J~iy 28, 1997 August 11, 1997 August 11, 1997 Offered by: Seconded by: Roll call: Sturdevant Peterson Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary B. Bid Considerations 1) Award of 40th Avenue N.E. ReDlacement Liqhts - Phase 3 Motion by Jolly, second by Peterson to award 40th Avenue Northeast replacement lights, Phase 3, Municipal Project #9718, to Heights Electric of Columbia Heights, Minnesota, based upon their low, qualified, responsible bid in the amount of $17,500.00 with funds to be appropriated from Fund 212+ 43190-5130; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes REGULAR COUNCIL MEETING $~GUST 11, 1997 ~GE 11 C. Other Business 1) Approve Contract with H.E.R.C. for Lining of Innsbruck Watermain and Cleaning and Lininq of Arqonne Watermain Motion by Jolly, second by Jones to accept the.proposal.of H.E.R.C. of Phoenix, Arizona for the lining of 2,640 feet of 6" watermain in the Innsbruck area and cleaning and lining of 1,430 feet of! 6" watermain on Argonne including a temporary water system for a cost not to exceed $77,785; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same, funding to be from the Water Capital Improvement Fund 651-49449-5130. Roll call: All ayes 2) St. Timoth¥'s Project a) Resolution No. 97-46 Beinc a Subdivision Rec~est ReGardinG a LotsDlit for the St. Timoth¥'s Project 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. 97-46 SUBDIVISION REQUEST I, Gene H. Heglund, Pastor of St. Timothy's Lutheran Church, hereby request a split of PIN 26 30 24 1! 0008. Legally described as: Lots 7 and 8, Auditor's Subdivision No. 51, except the North 3.6 acres thereof, Anoka County, Minnesota. THE DESCRIPTION HENCEFORTH TO BE: 1. The West 224 feet of the following described property: Lots 7 and 8, Auditor's Subdivision No. 5!, except the North 3.6 acres thereof, Anoka County, Minnesota. 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. Be it further resolved that special assessments of record in the office of the City of Columbia Heights as of this day, against the above described property, in the amount of $-0- be divided. Paid. REGULAR COUNCIL MEETING AUGUST 11, 1997 PAGE 12 Any pending or future assessmenst will be levied according to the new split as approved this day. Any lotsplit given approval shall become invalid if the resolution, motion or other Council action approving the said[ lotsplit is not filed with the County Recorder within one (1) year of the date of the Council action. PLANNING & ZONING DEPT. ACTION: Recommended to City Council for approval as all zoning requirements will be met. Pastor of St. Timothy's Lutheran Church This 5th day of August, 1997 Offered by: Fowler Seconded by: Peterson Roll call: All ayes Tina Goodroad (sig.) Zoning Officer Gene H. Heglund Signature of Owner Notarized 825 51st Avenue N.E. Columbia Heights, Mn. 55421 Owner's Address 571-9721 - T. # CITY COUNCIL ACTION: APPROVED SUBSCRIBED ANDSWORN TO BEFORE ME THIS 30th DAY OF JULY, 1997 This 11th day of August, 1997 Offered by: Jolly Seconded by: Peterson Roll call: Ail ayes Jane Gleason, Notary Public (sig.) Jo-Anne Student Secretary to the Council FEE $150.00 DATE PAID 7-17-97 Joseph Sturdevant Mayor RECEIPT NO. 35839 b) First Readinq of Ordinance No. 1351 Beinq an Ordinance fo~ the St. Timoth¥'s Project A discussion was held regardin9 the senior housin9 project proposed for St. Timothy's property. Participants in the discussion involved residents in the area of the project~ representatives of St. Timothy's Church, representatives of the management firm, the developer, City staff and members of the City Council. REGULAR COUNCIL MEETING AUGUST tl, 1.997 PAGE 13 In view of there being so many opinions and need for correct information, Councilmember Ruettimann suggested an informational meeting be scheduled to further discuss this project. The date and time for this meeting is August 18th at 7:00 p.m. in the Council Chambers. Staff was requested to mail notices to all affected property owners in the area regarding this meeting. Motion by Ruettimann, second by Jones to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1351 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853 PERTAINING TO THE REZONING OF CERTAIN PROPERTY Section 1: That certain property legally described as the West 224 feet of the following described property: Lots 7 and 8, 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 after thirty (30) days after its passage. First Reading: August il, 1997 Motion by Ruettimann, second by Jones to establish the second reading of Ordinance No. i351 for September 8, 1997 at approximately 7:00 p.m. in the Council Chambers. Roll call: All ayes c) Site Plan - St. Timoth¥'s Lutheran Church Motion by Ruettimann, second by Jones to table further consideration of the site plan for St. Timothy's Lutheran Church until August 25, 1997 at approximately 7:00 p.m. Roll call: All ayes d) Conditional Use Permit - St. Timoth¥'s Lutheran Church Motion by Ruettimann, second by Jones to table further consideration of the conditional use permit for St. Timothy's Lutheran Church. Roll call: All ayes REGULAR COUNCIL MEETING AUGUST 11, 1997 PAGE 14 8. ADMINISTRATIVE REPORTS A. Report of the City Manager The City Manager referred to a memo received from the Manager of Parkview Villa regarding status of the emergency panel at. Parkview Villa. He also noted he has attended the first trial day of a former resident. B. Report of ~he City Attorney The City Attorney had nothing to report at this time. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions Included in the agenda packet were the minutes of the July 15, 1997 EDA Meeting. No Council action was needed. 10. CITIZENS FORUM TOADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA There was no one present for Citizens Forum. RECESS TO EXECUTIVE SESSION Motion by Sturdevant, second by Ruettimann to recess the. Regular Council Meeting at 9:35 p.m. to an Executive Session to discuss negotiations regarding litigation with Kraus- Anderson for the Top Valu Liquor Store and to appoint Jo-Anne Student as Recording Secretary to keep a written report of the same. Roll call: All ayes RECONVENE REGULAR COUNCIL MEETING Motion by Sturdevant, second by ~uettimann to reconvene the Regular Council Meeting at 9:45 p.m. from the Executive' Session which was called to discuss litigation with Kraus-' Anderson regarding Top Valu Liquor Store with a written report being kept by Jo-Anne Student, Council Secretary. Roll call: All ayes REGULAR COUNCIL MEETING AUGUST 1!, 1997 PAGE 15 ADJOURNMENT Motion by ~ettimann, second by Peterson to adjourn the meeting at 9:46 p.m. Roll call: ~All ayes yo-Anne Student,~Council Secretary