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HomeMy WebLinkAboutJanuary 13, 1997OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 13, 1997 CALL TO ORDER/ROLL CALL The Mayor 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 Ordinance No. 1339 which is for an emergency parking ban was added to the agenda. The Fire Chief explained the parking ban. Parking will be allowed on the odd side of the street. Discussion continued regarding enforcement, specifically on state aid roads. The methods of ticketing were also discussed as was notification of residents and property owners regarding the ban. It was suggested that enforcement on state aid roads be left to the discretion of the police officers. It was felt there would probably not be a need to enforce the ban on state aid streets. Councilmember Jolly stated this could be viewed as selective enforcement and was not supportive of this strategy. It was noted that there are already some streets in the City where parking is only sanctioned on one side of the street. Motion by Ruettimann, second by Jones to waive the reading of the ordinance there being ample copies available for the public. Roll call: Ail ayes Motion by Ruettimann, second by Jones to adopt Ordinance No. 1339 being an emergency parking ban ordinance. Roll call: Jones, Ruettimann, Sturdevant - aye Jolly - nay Peterson - abstain. The City Attorney advised that an emergency ordinance requires four-fifths vote for passage. Motion by Peterson, second by Sturdevant to reconsider the motion to adopt. Roll call: All ayes Motion by Ruettimann, second by Jones to adopt Ordinance No. 1339. Roll call: Jones, Ruettimann, Peterson, Sturdevant - aye Jolly - nay REGULAR COUNCIL MEETING JANUARY 13, 1997 PAGE 2 ORDINANCE NO. 1339 BEING ANEMERGENCY ORDINANCE PURSUANT TO CHAPTER 3, SECTION 20 OF THE CHARTER FOR THE CITY OF COLUMBIA HEIGHTS, REGARDING THE PROHIBITION OF PARKING ON THE EVEN-SIDE OF ALL CITY STREETS The City of Columbia Heights does ordain: WHEREAS, the City of Columbia Heights is experiencing an above-average seasonal snowfall and an extraordinary accumulation of snow on the City's streets and rights-of-way; and WHEREAS, with vehicles parked on both sides of City streets the roadway narrows so as to impede and/or prohibit emergency vehicles from reaching their destination; and WHEREAS, the inability of emergency vehicles to reach their destination in a timely manner is an immediate threat to the public health, safety and welfare of the citizens of Columbia Heights. NOW, THEREFORE, it shall be unlawful for any person to park or fail to remove a vehicle of any kind on the even side of any City street from the date this ordinance is enacted until April 1, 1997, or upon the repeal hereof, whichever occurs first. Any person accused of a violation of this ordinance shall be ticketed in the same manner as set forth for violations under Chapter 853, Section 7.205 of the Columbia Heights City Code. This Emergency Ordinance shall be in full force and effect immediately upon its passage. Offered by: Ruettimann Seconded by: Jones Roll call: Jones, Ruettimann, Peterson, Sturdevant - aye Jolly - nay Date of Passage: January 13, 1997 Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary REGULAR COUNCIL MEETING JAN-JA_RY 13, 1997 PAGE 3 CONSENT AGENDA The following items were removed from the consent agenda: seek bids for Public Works Department copier; seek bids for belly plow; second reading of Ordinance No. 1337 - graffiti; and, AMM membership dues. Motion by Ruettimann, second by Jones to approve the following consent agenda items: Adopt Council Meetinq Minutes The Council adopted the minutes of the December 23, 1996 Regular Council Meeting as presented. Final Payment - Miscellaneous Sewer Repairs, Project 09626 The Council accepted the work for miscellaneous sanitary sewer repairs, Municipal Project #9626 and authorized final payment of $23,066.00 to F. M. Frattalone Excavating and Grading, !nc. of St. Paul, Mn. CUP - Linder Greenhouses, Inc. The Council approved the conditional use permit for the operation of a temporary greenhouse/retail sales in the easterly portion of the parking lot at 4300 Central Avenue from April 15, 1997 through July 6, 1997 provided a deposit of $500 is submitted to the License/Permit Clerk prior to the installation of the structures on the site. Appeal - G.Pehl, 608 40th Avenue Northeast The Council approved the appeal as both uses are permitted by a conditional use permit in this "LB" Zoning District and for the reason it will allow the continued use of a viable structure in a commercial district. The appeal approval is subject to the following conditions: a. If the building is ever again vacant, for six months or longer, the non-conforming section of the Zoning Ordinance 9.104(3) (f) will be in effect. b. An egress window must be installed with appropriate permits obtained prior to any occupancy. c. A one hour fire resistant separation be constructed bewtween the residence and business or a sprinkler system be installed. d. Ail applicable conditional use permits be approved prior to occupancy. REG~ COUNCIL MEETING JANUARY 13, 1997 PAGE 4 Two Conditional Use Permits - Gerald Pehl, 608 40th Avenue The Council approved the request for two conditional use permits to operate a sound/music studio and single family residence as a secondary use to the business at 608 40th Avenue Northeast based on the following requirements: a. An egress window must be installed with appropriate permits obtained prior to any occupancy. b. An one hour fire resistent separation be constructed between the residence and business or a sprinkler system be installed. Establish Public Hearinq Date - Federal Block Grant Money The Council established January 27, 1997 at approximately 7:00 p.m. as the date and time for the public hearing in regard to the use of funds from federal block grant 96-LN-VX-2491 for the purchase of equipment for the Columbia Heights Police Department. School Liaison Officer Contract The Council approved authorization of the Mayor and City Manager to approve the joint powers agreement with School District 013 for the provision of a police school liaison officer as stipulated in the joint powers agreement herein for the period of September 1, 1996 through June 5, 1997. Seek Bids - 1997-1998 Tree Replantinq Proqram The Council authorized staff to seek bids for the 1997-1998 fall tree replanting program. Seek Bids - Road Materials The Council authorized staff to seek bids for the purchase of road materials. Resolution No. 97-01 1997-1998 IUOE Labor Aqreement The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 97-01 REGARDING LABOR AGREEMENT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND INTERNATIONAL UNION OF OPER3tTING ENGINEERS, LOCAL NO. 49 WHEREAS, negotiations have proceeded between the International Union of Operating Engineers (IUOE), Local No. 49, representing employees of the Public Works Department and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 1997 and 1998, and REGULAR COUNCIL MEETING jANUARY 13, 1997 PAGE 5 WHEREAS, a copy of said contract is available at the Office of the City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement, as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 1997 and 1998 IUOE bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager authorized to execute this agreement. Passed this 13th day of January, 1997. Offered by: Seconded by: Roll call: Ruettimann Jones All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Contract Renewal - Siren Receiver/Decoders The Council authorized the Mayor and City Manager to approve the maintenance agreement (option 1) for siren receiver/decoders between Embedded Systems, Inc. of Andover, Minnesota and the City of Columbia Heights. Close Hearinq-Re: License Revocation - 1407-09 Circle Terrace The Council closed the public hearing regarding the revocation or suspension of the rental license held by Kurt Lowenthal regarding rental property at 1407-09 Circle Terrace Northeast in that the property owner has complied with provisions of the Housing Maintenance Code. Parkinq Restriction - Fifth Street The Council approved designating the west side of Fifth Street as "No Parking" at the driveway for 455 37th Avenue from 40' south of the driveway to 38th Avenue, based on the recommendation of the Traffic Commission. Resolution No. 97-02, Special Assessment Deferral The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 97 - 02 BEING A RESOLUTION ESTABLISHING SENIOR CITIZENS OR RETIRED AND DISABLED PERSONS HARDSHIP SPECIAL ASSESSMENT DEFERRAL REGULAR COUNCIL MEETING JANUARY 13, 1997 PAGE 6 Whereas, immediate payment of special assessments or installments on special assessments cast an undue hardship on some persons owning homestead properties who are 65 years of age or older or retired by virtue of a permanent and 'total disability for whom it would be a hardship to make payments, and Whereas, Minnesota Statutes §435.193 - 435.195 makes it possible for a home rule charter city to pass a resolution establishing standards and guidelines for determining the existence of a hardship and for determining the existence of a disability. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS: 1. This deferral procedure shall apply only to assessments which are payable in five or more annual installments. This deferral procedure shall apply only to property owned and occupied by the elderly, retired, or disabled applicant. Ownership and occupancy must be of the same nature as would qualify the applicant for a homestead exemption for tax purposes. This deferral procedure shall apply only to homestead property owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments. Permanent and total disability shall have the same definition for purposes of assessment deferral as is used for social security purposes. o This deferral procedure shall not be construed as to prohibit the determination of hardship on the basis of exceptional and unusual circumstances not covered by the standards and guidelines herein so long as determination is made in a nondiscriminatory manner and does not give the applicant an unreasonable preference or advantage over other applicants. o In order to obtain a deferral of an assessment, the homeowner must make application on the forms prescribed by the Anoka County Auditor. If no such form is available, the City of Columbia Heights Assessment Clerk shall prescribe the appropriate form. In granting a deferred assessment, the Council shall determine in its resolution approving the assessment roll the amount of interest, if any, to be charged on the deferred assessment. REGULA~ COUNCIL MEETING JA~-JARY 13, 1997 PAGE 7 a o bo o The option of the homeowner to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due and payable upon the occurrence of any of the following events: the death of the owner, provided that the spouse is not otherwise eligible for benefits hereunder; the sale, transfer or subdivision of the property or any part thereof; if the property should for any reason lose its homestead status; or if for any reason the City shall determine that there would be no hardship to require immediate or partial payment. No deferral may be granted unless the homeowner makes application to the City Assessment Clerk within thirty (30) days after adoption of the assessment by the Council. The deferral shall apply to only 50% of the annual installment payment. If the 50% is not paid in a timely manner, the balance of the annual installment along with all future installments shall become immediately due and payable. 10. No deferral shall be granted to any owner who has a gross annual household income from all sources in excess of $16,600.00 !1. No deferral may be continued from year to year unless the owner shall file a renewal application before September 15th of each year. 12. No special assessment may be deferred for a period longer than the time set by the Council as the time over which the project is to be assessed. 13. Interest on deferred assessments shall be at the rate set by the Council in its resolution adopting the assessment roll, and such interest shall be added to the amount deferred and shall be paid in accordance with Minnesota Statute §435.195 and this Resolution. Passed this !3th day of January, 1997. REGI/LAR COUNCIL MEETING JANI3ARY 13, 1997 PAGE 8 Offered by: Seconded by: Roll call: Ruettimann Jones All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary I hereby certify that the above is a true and correct copy of a resolution adopted by the City Council of the City of Columbia Heights on the 13th day of January, 1997. William J. Elrite, City Clerk Approve Payment of Bills The Council approved the payment of the bills as listed out of proper funds. Approval of License Applications The Council approved the 1997 licenses as listed and approved the rental housing licenses as submitted in the January 13, 1997 memorandum from Lowell DeMars. Roll call on Consent Agenda: Ail ayes Seek Bids - Public Works Department Copier Councilmember Jones requested additional information regarding the need for a new copier. The Assistant City Engineer advised about 8,000 copies are run on the present machine. It was purchased in 1989 and needs frequent repair. The replacement machine being requested will have no new nor additional features than the one which is being replaced. The Mayor requested members of the Council receive a copy of the specifications and a list of the vendors to whom they will be sent. Motion by Jones, second by Sturdevant to authorize staff to seek bids for the purchase of a copier. Roll call: All ayes REGULAR COUNCIL MEETING JANUARY 13, 1997 PAGE 9 Seek Bids - Belly Plow Councitmember Peterson requested information as to how many plows the City currently has and how many crew members are trained and available to operate a plow. The City Manager noted this is a budgeted item. Motion by Peterson, second by Jolly to authorize staff to seek quotations for a belly plow for Truck #99. Roll call: Ail ayes Second Readinc of Ordinance No. 1337 - Graffiti The resident who requested this item be removed from the consent agenda suggested it is a nuisance ordinance and the graffiti problem should be handled in another manner. Motion by Jolly, second by Jones to waive the reading of the ordinance there being ample copies avaiab!e for the public. Roll call: Ail ayes ORDINANCE NO. 1337 BEING AN ORDINANCE REGULATING THE REMOVAL OF GRAFFITI The City of Columbia Heights does ordain: Section !: An amendment to Section 8.203 of the Public Health and Safety Ordinance adding the following: 8.203 (I1) Graffiti Subdivision i, Definition: For purposes of this section, graffiti is defined as the unpermitted application of any drawing, inscription, figure or mark upon a structure, wall, rock, bridge, building, fence, gate, roadway, tree or other real or personal property, either privately or publicly owned. Subdivision 2, Prohibition: Failure to remove or cover graffiti within two business days (Monday through Friday, excluding legal holidays) of the discovery or notification of the presence of graffiti is declared to be a public nuisance. Section 2: Effective date: This ordinance will be in full force and effect from and after the date of its passage and publication. First Reading: Second Reading: Date of Passage: December 2, 1996 January 13, 1997 January 13, 1997 REGULAR COUNCIL MEETING JANUARY 13, 1997 PAGE 10 Offered by: Seconded by: Roll call: Jolly Jones Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary o Association of Metropolitan Municipalities 1997 Membership Dues Councilmember Ruettimann recalled the consideration given last year to renewing the City's membership in the AMM. He did not recall the membership having been renewed for 1996. He was advised the membership dues were paid with some reservations. Councilmember Jolly stated that the City's interests appeared to not be served very well last year and the lobbying efforts mainly benefitted cities who had representation on the Board of Directors or on an AMM committee. Currently, the Columbia Heights' City Manager serves on the AMM Housing Committee. Motion by Jolly to approve the 1997 dues for the Association of Metropolitan Municipalities in the amount of $5,008 with funds to come from 101-41110-4330. Motion dies for lack of a second. RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS There were no items for this section of the agenda. PUBLIC HEARINGS There were no public hearings. ITEMS FOR CONSIDERATION A. Other Resolutions/Ordinances 1) Resolution No. 97-03 - ADDointinq EDA Commissioner Motion by Jones, second by Ruettimann to waive the reading of the resolution there being ample copies available for the public. Roll call: Ail ayes REGLrLAR COUNCIL MEETING JANUARY 13, 1997 PAGE 11 RESOLUTION NO. 97-03 BEING A RESOLUTION APPROVING APPOINTMENT OF COMMISSIONER JOSEPH STURDEVANT TO THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY WHEREAS, the City has, by the adoption of Resolution No. 96-01 (enabling resolution), duly created an Economic Development Authority (EDA) for the City of Columbia Heights pursuant to Minnesota Statutes, Chapter 469 (Act). WHEREAS, the enabling resolution provides that the Board of Commissioners of the EDA consists of seven members, at least two, but not more than five, of whom must be members of the City Council. WHEREAS, the Mayor has this day appointed the following person as commissioner of the EDA for the term as indicated: Joseph Sturdevant Term ending January 2003 Notwithstanding the above designation of term, the term of Commissioner Sturdevant, who is the Mayor and member of the City Council, shall coincide with his respective term of office as the Mayor. THEREFORE, BE IT RESOLVED that the City Council hereby approves the appointment of Joseph Sturdevant as commissioner of the EDA for the term as indicated therein. Passed this !3th day of January, 1997. Offered by: Seconded by: Roll call: Jones Ruettimann Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 2) Resolution N0.97-04, License Revocation - 4017 6th Street The Housing Maintenance Code Inspector reviewed the chronological log regarding this property's violations and non-compliances since May of 1996. It was noted that most violations resulted from the roof which was replaced and still leaked. REGULAR COUNCIL MEETING JANUARY 13, 1997 PAGE 12 The owner and his tenant cited the circumstances .which resulted in some of the violations. A roofer had been hired to replace the roof and it was done incorrectly. A permit was not issued for this roofing project and the roofer was not licensed in Columbia Heights. The roofer is no longer in business. Also, Mr. Job experienced poor health during this period. Councilmember Jolly reviewed some of the problems which could have been solved when the weather was cooperative and they had not been done. Motion by Ruettimann, second by Peterson to table this matter until the February 27, 1997 Council Meeting. Roll call: Jones, Ruettimann, Peterson, Sturdevant - aye Jolly - nay B. Bid Considerations There were no bid considerations. C. Other Business 1) Implement Penalties on U.S. WEST for Cable Franchise Violations The history of the transfer of the cable franchise from Continental Cablevision, Inc. to U.S. WEST was reviewed, along with the Telecommunications Commission's finding U.S. WEST in violation of the cable franchise. The City's legal counsel for cable updated the Council on the status of the discussion with U.S. WEST to resolve the issue. He recommended that the City Council find U.S. WEST in violation but direct staff to withhold issuance of the violation notice. Currently, hearings are being scheduled with U.S. WEST and the legal counsel suggested all problems may be resolved by February. Motion by Sturdevant, second by Ruettimann to find U.S. WEST in violation of the cable franchise as of November 15, 1996, for failure to receive consent of the City of Columbia Heights to the transfer of ownership and to implement penalties under Section 11.113(5) of the franchise of $50.00 per day for failure to comply with the franchise, and instruct staff not to issue a violation notice until after the February 24, 1997 Council Meeting. Roll call: All ayes REG~ COUNCIL MEETING JANUARY 13, 1997 PAGE 13 2) Establish Hearinq Date - License Revocation/SusDension for · Lynde Investment Company ProDerties The City Attorney advised this issue was originally scheduled for a public hearing on this date. Due to an administrative error, it has to be rescheduied. He did notify the Lynde Investment legal counsel of the error as a courtesy. He also suggested there could be some discussion at this meeting as the affected tenants had been notified that tonight was the date for a public hearing and they should be afforded the opportunity to make comments. January 27, 1997 was the date suggested for establishing the public hearing. Legal counsel for Lynde Investment noted he is unavailable to attend on January 27, 1997. Legal counsel for Lynde Investment referred to a letter from the City Attorney dated October 14, 1996 which cited the remaining concerns regarding code violations. He suggested there were only four concerns remaining which were fire alarms, completion of installation of solid core doors, stucco replacement, and the completion of annual inspections of each unit in each building. He reviewed his response letter to the City Attorney which addressed each concern. He felt the only issue not resolved was the annual inspection of each unit in each building. It is the position of his client that the inspections must be done with tenant permission and it was not his client's responsibility to get this permission nor even become involved in getting this permission. Discussion continued regarding the "right of entry" Issue. Lynde Investment legal counsel indicated his client's willingness to take this matter to court. The City Attorney stated State Statute does allow for entry and the City's Housing Maintenance Code addresses the inspection process. A "reasonable notice to the tenant" is the obligation of the landlord. He concluded that if inspections of the individual units in each building are not conducted the rental licenses will not be issued. He noted there is no legal concern for extending the hearing. Motion by Sturdevant, second by Ruettimann to establish a hearing date of February 24, 1997 for revocation or suspension of a license to operate rental properties within the City of Columbia Heights against Lynde Investment Company regarding rental properties at the following addresses: REGULAR COUNCIL MEETING JANUARY 13, 1997 PAGE 14 4050 Northeast Fourth Street 4060 Northeast Fourth Street 4100 Northeast Fourth Street 4120 Northeast Fourth Street 4425 University Avenue Northeast 4433 University Avenue Northeast 4441 UniversZty Avenue Northeast 4707 University Avenue Northeast 4715 University Avenue Northeast 5121 University Avenue Northeast 5131 University Avenue Northeast 5141 University Avenue Northeast Roll call: Ail ayes 3) Anoka County JPA Funds for Multi-Units Motion by Jolly, second by Jones to authorize the Mayor and City Manager to enter into the 1996 Joint Powers Agreement with Anoka County to provide cooperation between the City and the County in the implementation of the Multi-Family Recycling Program and to make funds of up to $17,322.00 available as reimbursement for eligible expenses. Roll call: All ayes 4) Donation Received by Police Department The Council acknowledged the receipt of a $15.00 donation received by the Police Department from Mr. James Swartz, 945 42 1/2 Avenue Northeast. ADMINISTRATIVE REPORTS A. Report of the City Manaqer The City'Manager advised he will be out of the state for three days next week. B. Report of the City Attorney The City Attorney had nothing to report at this time. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards/Commissions REGULAR COUNCIL MEETING JANUARY 13, 1997 PAGE 15 Minutes of the following meetings were included in the agenda packet: Park and Recreation Commission December 19, 1996 meeting Library Board December 3, 1996 meeting Traffic Commission January 6, 1997 meeting B. Other Communications There were no other communications. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA A resident expressed his concern with the proposed increase in the City's portion of property taxes and with the ordinance which addresses graffiti. 1i. ADJOUP_NMENT Motion by Peterson, second by Sturdevant to adjourn the meeting at 9:10 p.m. Roll call: Ail ayes -Anne Student, ~Y~ncil  yor ~o~e~h Sturde~v~nt Secretary