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HomeMy WebLinkAboutAugust 13, 2001 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 13, 2001 The following are the minutes for the regular City Council meeting held on Monday, August 13, 2001, in the th City Council Chambers, City Hall, 590 40 Avenue N.E., Columbia Heights, Minnesota. CALL TO ORDER/ROLL CALL/APPOINT SECRETARY PRO TEM Mayor Gary Peterson called the meeting to order at 7:04 p.m. Roll Call: Present: Councilmembers Williams, Szurek, Wyckoff, Nawrocki, and Mayor Peterson. Motion by Councilmember Szurek, seconded by Councilmember Williams, to appoint Carole Blowers as Secretary Pro Tem. Motion passed unanimously. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA There were no other additions/deletions to the agenda noted. CONSENT AGENDA Councilmember Nawrocki asked that the following items be removed from the consent agenda for further discussion: item #2 (school district request for video equipment funding) and item #4 (reciprocal easement agreement for 4300 Central). Motion by Councilmember Wyckoff, seconded by Councilmember Szurek, and passed unanimously to approve the Consent Agenda items as follows: 1) Minutes for Approval Approve the minutes of the July 23, 2001, regular City Council meeting and the July 9, 2001, executive session meeting as presented. 2) Approve Conditional Use Permit for 4555 University, by ChristLife Evangelical Church Approve the conditional use permit to allow for ChristLife Evangelical Church to operate at 4555 University Avenue NE, subject to the following conditions: a) All required state and local codes, permits, and inspections including, but not limited to building permits, fire code, will be met and in full compliance. b) The parking lot shall be striped and signed in a manner that is consistent with the Zoning Ordinance. c) All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance. d) Acceptable screening shall be continued along the south property line, as either fencing or greenery, not to exceed the height of the current fence in place. 3) Authorize Change Order for Wargo Court Retaining Wall Move to authorize Change Order No. 1 for City Project 1998-18 to Sunram Construction, Inc. in an amount not-to-exceed $18,320 for the Wargo Court Retaining Wall. 4) Authorize Expenditure for Police and Fire Reserve Appreciation Event Move to authorize the expenditure of up to $4,000 from the Civil Defense budget fund 101-42500 line 4375 to host the annual appreciation night for the Fire and Police Reserves Units, and that the City Council Minutes August 13, 2001 Page 2 of 19 Mayor and City Manager are authorized to enter into contracts as needed for this event. 5) Establish Hearing Date of August 27, 2001, for Revocation or Suspension of a License to Operate a Rental Property at 4643 Pierce Street NE and 4616 and 4622 Tyler Street Move to establish a hearing date of August 27, 2001, for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Richard Miessner at 4643 Pierce Street N.E. Move to establish a hearing date of August 27, 2001, for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Syed Raza at 4616 and 4622 Tyler Street. 6) Approve Business License Applications Move to approve the items as listed on the business license agenda for August 13, 2001, as presented. 7) Approve Payment of Bills Pay the bills, as listed, out of the proper fund. 8) Approve to Establish Hearing Date of August 27, 2001, for the Purpose of Reallocating CDBG Funds Move to establish a hearing date of August 27, 2001, at approximately 7 p.m. for the purpose of reallocating CDBG Funds that were formerly used to acquire and raze property at 4656 Monroe Street N.E. NOTE: The following comments were made regarding the above items. · Councilmember Nawrocki stated that in the council minutes of July 23, 2001, in section 2 (2), it appeared that a word was missing and asked that this be corrected. He also stated that procedurally the Executive Session minutes should reflect the time the executive session was called to order, and state that the council went into executive session; the general purpose of the meeting, the time the executive session was adjourned, and that the council then adjourned the executive session to the regular meeting. · Regarding the conditional use permit for ChristLife Evangelical Church at 4555 University, Councilmember Nawrocki asked about additional seating and what the effect of on-street parking would be if over 90 people attend a service (go to two services). · Regarding establishing a hearing date for revocation or suspension of a rental license at 4643 Pierce Street NE and 4616 and 4622 Tyler Street, Councilmember Nawrocki asked why a hearing was needed, as he did not receive the information pertinent to that. · Regarding establishing a hearing date for reallocating CDBG funds, Councilmember Nawrocki questioned the “re-”spending of CDBG for the property at 4656 Monroe Street N.E. and asked for further clarification. ITEMS REMOVED FROM THE CONSENT AGENDA: Approve School District Request for Video Equipment Funding City Council Minutes August 13, 2001 Page 3 of 19 Councilmember Nawrocki stated that Dennis Stroik, Chair of the Telecommunications Commission, had a memo dated August 13, 2001, from Kathy Kelly and Linda Ernst from the Columbia Heights School regarding their cable/video needs. It was noted that the original request was reduced to $5,242. The memo with attachment was passed out to councilmembers. At the Telecommunications Commission meeting in July, the commission authorized providing up to $4,500 for the school district. After some discussion, motion was made by Councilmember Nawrocki, seconded by Councilmember Wyckoff to approve funding of the School District’s request for equipment in an amount not to exceed $5,242, with monies coming from the cable budget. Furthermore, that funding is provided with the understanding that programming produced will be aired on the educational access channel, and that receipts of the purchases made be provided to the City. Motion passed unanimously. Approve Reciprocal Easement Agreement for 4300 Central with Bradley Operating Limited Partnership This agreement relates to the proposed gas pumps (to be run by Rainbow) and proposed shops to be built in the Rainbow parking lot. It was questioned who currently owns this property (Bradley). The city would have to consent to anything related to parking, egress, and ingress. Heritage owns the property; Bradley is the managing partner. Motion by Councilmember Szurek, seconded by Councilmember Wyckoff, to approve the Reciprocal Easement Agreement prepared by Bradley Operating Limited Partnership at 4300 Central Avenue NE, subject to the following condition: Final review and approval by the City Attorney. Motion passed unanimously. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS Proclamations –none Presentations Presentation on Community Circles Conversations Germaine Davis, Program Facilitator and Loralean Jordan, Program Director for this program spoke. The community circles conversations are designed to promote dialog and “Bridge the Communities” among people from Columbia Heights, Fridley, and Hilltop regarding education, housing, employment, and cultural issues. This program is sponsored by the Southern Anoka County Community Consortium (SACCC) and the Values First Initiative, funded in partnership by the McKnight and Medtronic Foundations. Interested persons must be available for all four sessions: September 6, 11, 18, and 25. They hope to have at least 15 people participate in the conversations. Councilmembers were invited to participate. The goal is to have the participants come up with several different action items, which will be sent on to the task forces. Councilmember Wyckoff offered the assistance of the Human Services Commission. The City Manager stated that Linda Magee, Assistant to the City Manager, would forward the brochures to the commission. Presentation by Sister Cities Committee to Bobby Williams Wally Logacz read (in Polish) the appreciation certificate received from Lomianki, Poland, thanking Bobby Williams for his recent generous donation of $7,228 to the Children’s Hospital there. He also translated it in English. It was signed by the Mayor, hospital officials, and members of the Lomianki Sister Cities Committee. Mr. Logacz also reminded the Mayor and councilmembers that in late September, 2001, will be a special dedication ceremony in Poland recognizing Mr. Logacz as an honorary citizen. City Council Minutes August 13, 2001 Page 4 of 19 Introduction of New Employees – none Recognition of Bruce Magnuson The Mayor presented Bruce Magnuson a clock from the city and thanked him for his six years of service on the Parks and Recreation Commission. Mr. Magnuson is a member of the Police/Fire Civil Service Commission, and currently serves as the President of that commission. PUBLIC HEARINGS Public Hearing for Revocation/Suspension of Rental Housing License at 3718 Central Avenue The Mayor closed the Public Hearing regarding the Revocation or Suspension of the Rental License held by Heidi VonHeideman regarding rental property at 3718 Central Avenue, due to pending city purchase of the property. Councilmember Nawrocki stated that in the public notice in the newspaper it referred to a “1 for 1 replacement plan” which he would like a copy of. Public Hearing for Revocation/Suspension of Rental Housing License at 4645 Washington Street NE The Mayor closed the public hearing regarding the revocation or suspension of the rental license held by Avery Fenne regarding rental property held at 4645 Washington Street N.E. Motion by Councilmember Nawrocki, seconded by Council Szurek, to waive the reading of Resolution No. 2001-48, there being ample copies available to the public. Motion passed unanimously. Dana Alexon, Assistant Fire Chief, spoke regarding this item. He stated that the city has shut the water off at this location, possibly for non-payment. As there are no sanitation facilities, the building has been posted twice as a dangerous building. The posters have been removed twice. The Police Department has been asked to check occupancy. It appears no one is occupying the building. The owner lives on one side of the unit and rents out the other side. The owner was not present at tonight’s meeting. Motion by Councilmember Szurek, seconded by Councilmember Williams to adopt Resolution No. 2001-48, being a resolution of the City Council of the City of Columbia Heights approving revocation pursuant to Ordinance Code section 5A.408(1) of the rental license held by Avery Fenne regarding property at 4645 Washington Street N.E. Motion passed unanimously. RESOLUTION NO. 2001-48 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN AVERY FENNE RESIDENTIAL RENTAL LICENSE HELD BY (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED 4645 WASHINGTON STREET AT , COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED JULY COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON 6, 2001 AUGUST 13, 2001 OF A PUBLIC HEARING TO BE HELD ON . City Council Minutes August 13, 2001 Page 5 of 19 NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT June 21, 2001 1. That on, the Fire Department inspection office received a complaint that the water service was shut off to the property. Compliance orders listing the violations were mailed by regular mail to the owner at the address listed on the Rental Housing License Application. July 6, 2001 2. That on, the Fire Department inspection office checked with the Water Billing department and verified that the water service had not been restored. Compliance orders listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. July 11, 2001 3. That on, Dana Alexon, Housing Enforcement officer for the City of Columbia Heights, posted the property with “Dangerous Building” posters advising the occupants to vacate the premises. July 26, 2001 4. That on, the Fire Department inspection office checked with the Water Billing department and verified that the water service had not been restored. Compliance orders listing the violations and a letter advising of the City Council action and revocation hearing was mailed by certified mail to the owner at the property at the address listed on the Rental Housing License Application. 5. That based upon said records of the Enforcement Officer, the following conditions and violations of the City’s Residential Maintenance Code were found to exist, to-wit: FAILURE TO CORRECT VIOLATION OF THE RESIDENTIAL MAINTENANCE CODE B. FAILURE TO SUBMIT REINSPECTION FEES OF $100.00 6. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 4645 Washington Street 1. That the building located at is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto, 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license City Council Minutes August 13, 2001 Page 6 of 19 F4670 number is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. PASSED THIS DAY OF , 2001 MOTION BY: SECOND BY: ROLL CALL VOTE: AYES: NAYS: CITY OF COLUMBIA HEIGHTS, MINNESOTA ATTEST: __________________________ PATTY MUSCOVITZ GARY PETERSON DEPUTY CITY CLERK MAYOR ITEMS FOR CONSIDERATION Other Ordinances and Resolutions Second Reading of Ordinance No. 1434, being an ordinance amending Ordinance No. 853 pertaining to parking on landscaped surfaces Tom Johnson, Police Chief, reviewed again for the council the reason for the ordinance. Boats, trailers, and RV’s are also included. Some people have trouble selling their properties if a neighbor has numerous vehicles parked on their property. According to the Police Chief, this will give the city a procedure to get those vehicles off the lot. He reviewed the timetable for the resident to take care of the problem. Councilmember Nawrocki stated that he felt the punishment should be a fine, not removal and impoundment of the vehicle. He was also concerned that someone could be on vacation for two weeks and the vehicle could be towed while they were gone. The definition of an “unauthorized” vehicle was asked for. Councilmember Nawrocki stated he did not think it was right to enforce this on residential property when we do not enforce it on business or commercial property. Motion by Councilmember Szurek, seconded by Councilmember Williams to waive the reading of Ordinance No. 1434, there being ample copies available to the public. Motion passed. Motion by Councilmember Nawrocki to send the proposed ordinance back to staff to replace the language about impounding authority and replace it with a dollar amount of fine. Motion died for lack of a second. Motion by Councilmember Szurek, seconded by Councilmember Williams to adopt Ordinance No. 1434, being an ordinance amending Ordinance 853, City Code of 1977, and pertaining to parking on landscaped surfaces. Roll call vote: Ayes: Szurek, Wyckoff, Williams, Peterson. Nays: Nawrocki. Motion passed. City Council Minutes August 13, 2001 Page 7 of 19 ORDINANCE NO. 1434 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND PERTAINING TO PARKING ON LANDSCAPED SURFACES The City of Columbia Heights does ordain: Screening and landscaping Every yard of any premises on which a dwelling or dwelling unit is located shall have installed and maintained landscaping in accordance with the provisions of this section. (1) Sodding and ground cover. All exposed ground area surrounding the principal building and accessory buildings that are not devoted to driveways, parking areas, sidewalks, or patios, shall be sodded or landscaped with shrubs, trees, gardens, or other ornamental landscape materials. No landscaped area shall be used for the parking of vehicles or storage or display of materials, supplies, or merchandise. The owner of an unauthorized motor vehicle shall be given notice of violation by the City and will be given fifteen (15) days to take corrective action. Corrective action shall be defined as: (1) An owner has taken corrective action when the vehicle is legally parked and in compliance with all applicable City Ordinances and State requirements for an operable vehicle on public roads. In the event corrective action was not taken within fifteen (15) days from the notice of the violation, the city may take the vehicle into custody, impound it, and the vehicle is eligible for disposal or sale as an unauthorized vehicle under section 168B.08, 45 days after notice to the owner. This Ordinance shall be in full force and effective 30 days after its passage. First Reading: July 23, 2001 Second Reading: August 13, 2001 Date of Passage: Offered by: Seconded by: Roll Call: _________________________ Mayor Gary L. Peterson ______________________________ Patricia Muscovitz, Deputy City Clerk Second Reading of Ordinance No. 1432, being an ordinance to amend Ordinance 853, City Code of 1977, and pertaining to prohibited non moving violations Motion by Councilmember Wyckoff, seconded by Councilmember Szurek to waive the reading of Ordinance No. 1432, there being ample copies available to the public. Motion passed unanimously. City Council Minutes August 13, 2001 Page 8 of 19 Chief Johnson explained that boats, motors, and semi-trucks are covered under another ordinance. Non- compliance issues are followed through based on complaints received. There were some questions regarding vehicles that are not properly licensed and rights of rental property owners to tow. Citizen Harold Hoium asked if there was some way to get rid of junk on the streets and remove dumpsters on the streets, especially those without any markings. The City Manager stated that residents must get permits from Public Works for the dumpsters, and they must be properly marked. Motion by Councilmember Wyckoff, seconded by Councilmember Nawrocki to adopt Ordinance No. 1432, being an ordinance amending Ordinance 853, City Code of 1977, and pertaining to prohibited non-moving violations. Motion passed unanimously. ORDINANCE NO. 1432 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND PERTAINING TO PROHIBITED NONMOVING VIOLATIONS The City of Columbia Heights does ordain: No person with title or custody of a motor vehicle shall abandon such vehicle as defined herein, anywhere with the City. For purposes of this chapter, an "abandoned motor vehicle" shall consist of: (a) A motor vehicle which has remained in any one place on public property for a continuous period of 48 hours and lacks vital component parts that are essential to the mechanical functioning of the vehicle, or is otherwise in inoperable condition, or (b) A motor vehicle which has remained on private property for a continuous period of 48 hours without the consent of the person in control of such property. Provided, however, that a classic car or pioneer car as defined in Minnesota Statutes Chapter 168.10, shall not be considered as an abandoned motor vehicle within the meaning of subdivision (a). First Reading: July 23, 2001 Second Reading: August 13, 2001 Date of Passage: Offered by: Seconded by: Roll Call: __________________________ Mayor Gary L. Peterson _______________________________ Patricia Muscovitz, Deputy City Clerk City Council Minutes August 13, 2001 Page 9 of 19 Second Reading of Ordinance No. 1433, being an ordinance change pertaining to the disposition of unclaimed property Motion by Councilmember Szurek, seconded by Councilmember Williams, to waive the reading of the ordinance, there being ample copies available to the public. Motion passed unanimously. The Police Chief discussed the proposed ordinance change. He explained that the Police Department takes in various kinds of items, i.e., clothing, furniture. Motion by Councilmember Szurek, seconded by Councilmember Williams, to adopt Ordinance No. 1433, an ordinance pertaining to the disposition of unclaimed property. Motion passed unanimously. ORDINANCE NO. 1433 BEING AN ORDINANCE OF THE COLUMBIA HEIGHTS CITY COUNCIL PERTAINING TO THE DISPOSITION OF UNCLAIMED PROPERTY The City of Columbia Heights does ordain: The Chief of Police is authorized to administer the disposal of property lawfully coming into the possession of the City and remaining unclaimed by the owner after sixty (60) days. The property may be used by the City for its own purposes, or, sold to the highest bidder at a public auction, or, if determined by the Chief of Police to have no value, destroyed. A notice specifying the date, time, and place of any auction or sale shall be published in a newspaper of general circulation throughout the City at least one week prior to such auction or sale. The net proceeds of the auction or sale shall be placed in the City's General Fund, subject to the right of the former owner to payment of the net proceeds upon application and presentation of satisfactory proof of ownership within six (6) months of the sale. Net proceeds means the sale price less all costs of handling, publishing, storage or sale of the item. The City may, at its discretion, bill the owner for any costs that exceed the revenues derived from the disposal. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: July 23, 2001 Second Reading: August 13, 2001 Date of Passage: Offered by: Seconded by: Roll Call: _____________________ Mayor Gary L. Peterson ______________________________ Patricia Muscovitz, Deputy City Clerk City Council Minutes August 13, 2001 Page 10 of 19 First Reading of Ordinance No. 1435, being an ordinance amending Chapter 6, Section 56 of the Charter of the City of Columbia Heights pertaining to Purchases and Contracts Motion by Councilmember Williams, seconded by Councilmember Szurek, to waive the reading of Ordinance No. 1435, there being ample copies available to the public. Motion passed unanimously. Tami Ericson, President of the Charter Commission, reviewed the issues pertaining to changing this part of the city charter. She explained that many city charters do not specify a limited dollar amount on purchases and contracts that the City Manager can make on behalf of the city. She stated that due to inflation, this section in our city charter is outdated. She also further reiterated that this is a procedural change. The Charter Commission is not recommending that the amount of $3,000 be changed, but that this decision be left up to the city council. The City Manager stated that it doesn’t matter to him if it is left the way it is now or changed at the discretion of the city council. He stated that sometimes the $3,000 limit sometimes slows things down. Councilmember Nawrocki stated that he does not support this change, but appreciates the work done by the Charter Commission regarding this ordinance change. He also requested copies of the Charter Commission meeting minutes where discussion was held on this item. Motion by Councilmember Williams, seconded by Councilmember Szurek to establish August 27, 2001, at approximately 7:00 p.m. as the second reading of Ordinance No. 1435, being an ordinance amending Chapter 6, Section 56, of the Charter of the City of Columbia Heights pertaining to Purchases and Contracts. Roll call vote: Ayes: Szurek, Wyckoff, Williams, Peterson; Nays: Nawrocki. Motion passed. ORDINANCE NO. 1435 BEING AN ORDINANCE AMENDING CHAPTER 6, SECTION 56 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO PURCHASES AND CONTRACTS The City of Columbia Heights does ordain: Section 1: Chapter 6, Section 56 of the Charter of the City of Columbia Heights which currently reads as follows, to wit: PURCHASES AND CONTRACTS. The city manager shall be chief purchasing agent of the City. All purchases and contracts on behalf of the City shall be made by the City Manager, but subject to the approval of the City Council whenever the amounts of such purchases or contracts exceeds $3,000. All contracts of any kind to which the city is a party exceeding $3,000.00 and instruments for the conveyance of any real estate by the city shall be signed by the Mayor and the City Manager on behalf of the City and shall be executed in the name of the city. IS HEREWITH AMENDED TO READ AS FOLLOWS: PURCHASES AND CONTRACTS. The city manager shall be chief purchasing agent of the City. All purchases and contracts on behalf of the City shall be made by the City Manager, City Council Minutes August 13, 2001 Page 11 of 19 but subject to the approval of the City Council whenever the amounts of such purchases or contracts exceeds $3,000. Said amount may be amended by a simple majority of the Council by resolution. All contracts of any kind to which the city is a party exceeding $3,000.00 and instruments for the conveyance of any real estate by the city shall be signed by the Mayor and the City Manager on behalf of the City and shall be executed in the name of the city. 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: ___________________ Offered by: _______________________ Seconded by: _____________________ Roll Call: _____________________________ Gary L. Peterson, Mayor _________________________________ Patricia Muscovitz, Deputy City Clerk First Reading of Ordinance No. 1436, being an ordinance amending Chapter 12, Section 112 of the Charter of the City of Columbia Heights pertaining to damage suits. Motion by Councilmember Wyckoff, seconded by Councilmember Nawrocki, to waive the reading of the ordinance, there being ample copies available to the public. Motion passed unanimously. It was explained that action does not have to commence within one year (per state statutes), but it could be two to six years, depending on the type of claim. Councilmember Nawrocki asked instead of deleting this section, could a reference be made to the applicable state statute. Tami Ericson, President of the Charter Commission, stated that statutes change numbers, and the commission decided against doing that. Motion by Councilmember Wyckoff, seconded by Councilmember Nawrocki, to establish August 27, 2001, at approximately 7:00 p.m. as the second reading of Ordinance No. 1436, being an ordinance amending Chapter 12, Section 112 of the Charater of the City of Columbia Heights pertaining to Damage Suits. Motion passed unanimously. ORDINANCE NO. 1436 BEING AN ORDINANCE AMENDING CHAPTER 12, SECTION 112 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO DAMAGE SUITS The City of Columbia Heights does ordain: Section 1: Chapter 12, Section 112 of the Charter of the City of Columbia Heights which currently reads as follows, to wit: City Council Minutes August 13, 2001 Page 12 of 19 DAMAGE SUITS. No action shall be maintained against the city on account of any injuries or damages to persons or property, unless such action shall be commenced within one year from the occurrence of such injury or damage, nor unless notice shall have been given in writing to the city clerk within thirty days of the occurrence of such injury or damage, stating the time when and the specific place where, and the circumstances under which the same occurred, and that the person injured or damaged will claim damages of the city therefore. IS HEREWITH AMENDED TO READ AS FOLLOWS: DAMAGE SUITS. Deleted. 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: ___________________ Offered by: _______________________ Seconded by: _____________________ Roll Call: _____________________________ Gary L. Peterson, Mayor _________________________________ Patricia Muscovitz, Deputy City Clerk First Reading of Ordinance No. 1437, being an ordinance amending Chapter 12, Section 114 of the Charter of the City of Columbia Heights pertaining to City to succeed to rights and obligations of village Motion by Councilmember Williams, seconded by Councilmember Wyckoff, to waive the reading of the ordinance, there being ample copies available to the public. Again, Tami Ericson, President of the Charter Commission, stated that this section of the charter was outdated and should be deleted. Motion by Councilmember Williams, seconded by Councilmember Szurek, to establish August 27, 2001, at approximately 7:00 p.m. as the second reading of Ordinance No. 1437, being an Ordinance amending Chapter 12, Section 114, of the Charter of the City of Columbia Heights pertaining to City to Succeed to Rights and Obligations of Village. Roll Call Vote: Ayes: Councilmembers Szurek, Wyckoff, Nawrocki, Williams, Peterson. Nays: None. Motion passed unanimously. ORDINANCE NO. 1437 BEING AN ORDINANCE AMENDING CHAPTER 12, SECTION 114 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO CITY TO SUCCEED TO RIGHTS AND OBLIGATIONS OF VILLAGE City Council Minutes August 13, 2001 Page 13 of 19 The City of Columbia Heights does ordain: Section 1: Chapter 12, Section 114 of the Charter of the City of Columbia Heights which currently reads as follows, to wit: CITY TO SUCCEED TO RIGHTS AND OBLIGATIONS OF VILLAGE. The City of Columbia Heights shall succeed to all the property, rights, and privileges, and shall be subject to all the legal obligations, and of the village of Columbia Heights. IS HEREWITH AMENDED TO READ AS FOLLOWS: CITY TO SUCCEED TO RIGHTS AND OBLIGATIONS OF VILLAGE. Deleted. 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: ___________________ Offered by: _______________________ Seconded by: _____________________ Roll Call: _____________________________ Gary L. Peterson, Mayor _________________________________ Patricia Muscovitz, Deputy City Clerk First Reading of Ordinance No. 1438, being an ordinance amending Chapter 12, Section 115 of the Charter of the City of Columbia Heights pertaining to village officers to hold office till when. Motion by Councilmember Williams, seconded by Councilmember Szurek, to waive the reading of the ordinance, there being ample copies available to the public. Motion passed unanimously. Motion by Councilmember Williams, seconded by Councilmember Szurek, to establish August 27, 2001, at approximately 7:00 p.m. as the second reading of Ordinance No. 1438, being an ordinance amending Chapater 12, Section 115 of the Charter of the City Columbia Heights pertaining to Village Officers to Hold Office Till When. Motion passed unanimously. ORDINANCE NO. 1438 BEING AN ORDINANCE AMENDING CHAPTER 12, SECTION 115 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO VILLAGE OFFICERS TO HOLD OFFICE TILL WHEN City Council Minutes August 13, 2001 Page 14 of 19 The City of Columbia Heights does ordain: Section 1: Chapter 12, Section 115 of the Charter of the City of Columbia Heights which currently reads as follows, to wit: VILLAGE OFFICERS TO HOLD OFFICE TILL WHEN..The officers of the present village of Columbia Heights shall continue in their respective offices and functions, and shall continue to govern the village in the usual manner until the first Monday in July, A.D. 1921. They shall make such financial and other provisions for the fiscal year 1921 as will serve to carry on the government until a city government has been set up under this charter, and they shall make provision for the election of the first city council as provided for in Chapter 4 of this charter. IS HEREWITH AMENDED TO READ AS FOLLOWS: VILLAGE OFFICERS TO HOLD OFFICE TILL WHEN. Deleted. 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: ___________________ Offered by: _______________________ Seconded by: _____________________ Roll Call: _____________________________ Gary L. Peterson, Mayor _________________________________ Patricia Muscovitz, Deputy City Clerk First Reading of Ordinance No. 1439, being an ordinance amending Chapter 12, Section 117 of the Charter of the City of Columbia Heights pertaining to existing ordinances continued. Motion by Councilmember Szurek, seconded by Councilmember Williams, to waive the reading of the ordinance, there being ample copies available to the public. Motion passed unanimously. Councilmember Nawrocki questioned if these sections should be kept in the charter for historical reasons or deleted as suggested. He asked the President of the Charter Commission, Tami Ericson, whether the Charter Commission had considered that. She stated that the commission did not discuss that aspect. Motion by Councilmember Szurek, seconded by Councilmember Williams to establish August 27, 2001, at approximately 7:00 p.m. as the second reading of Ordinance No. 1439, being an ordinance amending Chapter 12, Section 117 of the Charter of the City of Columbia Heights pertaining to Existing Ordinances Continued. Motion passed unanimously. City Council Minutes August 13, 2001 Page 15 of 19 ORDINANCE NO. 1439 BEING AN ORDINANCE AMENDING CHAPTER 12, SECTION 117 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO EXISTING ORDINANCES CONTINUED The City of Columbia Heights does ordain: Section 1: Chapter 12, Section 117 of the Charter of the City of Columbia Heights which currently reads as follows, to wit: EXISTING ORDINANCES CONTINUED. All ordinances and regulations of the village of Columbia Heights in force when this charter takes effect, and not inconsistent with the provisions thereof, are hereby continued in full force and effect until amended or repealed. IS HEREWITH AMENDED TO READ AS FOLLOWS: EXISTING ORDINANCES CONTINUED. Deleted. 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: ___________________ Offered by: _______________________ Seconded by: _____________________ Roll Call: _____________________________ Gary L. Peterson, Mayor _________________________________ Patricia Muscovitz, Deputy City Clerk Bid Considerations Authorize Elimination of Sanitary Sewer Cross Connection at Jackson Pond Kevin Hansen, Public Works Director, commented on this item. Citizen Harold Hoium voiced his concern that the city needs to clean up streets after there has been work done on them. Councilmember Nawrocki stated that this cross connection provided some protection against a sewer backup for people in the Jackson Pond area and did not agree with this proposal. Motion by Councilmember Williams, seconded by Councilmember Szurek, to authorize the elimination of the sanitary sewer cross connection to Jackson Pond as originally proposed in the Zone 5 construction plans approved by Council on May 29, 2001. Roll Call Vote: Ayes: Councilmembers Szurek, Wyckoff, Williams, City Council Minutes August 13, 2001 Page 16 of 19 Peterson. Nays: Councilmember Nawrocki. Motion passed. Adopt Resolution 2001-49, being a resolution awarding the bid for demolition/removal of three single family units and garages Motion by Councilmember Williams, seconded by Councilmember Szurek, to waive the reading of Resolution No. 2001-49, there being ample copies available to the public. Motion passed unanimously. rd Kevin Hansen, Public Works Director, explained that the properties involved in this project are 4358 3 Street ndrd and 1307 42 Avenue and 4542 Washington. Mr. Hansen explained that the demolition of 4358 3 Street was approved by the council in 2000. th Citizen Harold Hoium inquired about the building at 40 and Jackson. The City Manager stated that the particular building in question at that address would be burned. Motion by Councilmember Williams, seconded by Councilmember Szurek, to adopt Resolution No. 2001-49 for the removal/demolition of three (3) single-family units, City Project Nos. 0005, 0017, and 0018 to Jay Bros., Inc. of Forest Lake, MN based upon their low, qualified, responsible bid in the amount of $24,900.00, with funds to be appropriated from the City Stormwater Fund and PIR fund 1031 and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Motion passed unanimously. RESOLUTION NO. 2001-49 BEING A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR DEMOLITION/REMOVAL OF THREE SINGLE FAMILY UNITS AND GARAGES CITY PROJECTS 0005, 0017 AND 0018 TO JAY BROS., INC. OF FOREST LAKE, MINNESOTA WHEREAS, City pursuant to an advertisement for bids for City Projects 0005, 0017 and 0018 for Project No’s 0005, 0017 and 0018, Demolition/Removal of Three (3) Single Family Units and Garages, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Base Bid A Jay Bros, Inc. $24,900.00 Veit & Company $26,165.00 Kevitt Excavating $28,958.00 Belair $29,605.00 Semple Excavating $31,790.00 WHEREAS, it appears that Jay Bros., Inc. 9218 Lake Dr. N.E., Forest Lake, Minnesota, 55025, is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA, THAT: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Jay Removal and Demolition of Three (3) Bros., Inc. in the name of the City of Columbia Heights for the Single Family Units and Garages, City Projects 0005, 0017 and 0018, according to plans and specifications therefore approved by the Council. City Council Minutes August 13, 2001 Page 17 of 19 2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. 3. City Projects 0017 and 0018 shall be funded with the City’s Stormwater Fund (eligible for 50% grant reimbursement from the DNR) and City Project 0005 shall be funded by PIR Fund 1031. Dated this 13th day of August, 2001. Offered by: CITY OF COLUMBIA HEIGHTS Seconded by: Roll Call: By: _________________________ Mayor, Gary Peterson _____________________________ Patricia Muscovitz, Deputy City Clerk Other Business - None ADMINISTRATIVE REPORTS Report of the City Manager : The City Manager reported that the following items would be discussed at the next work session on August 20 · Approve transfer of Police Department overtime funds from general fund to Police Department budget overtime line. · Set dates for council meetings in conflict with national holidays · Reallocation of Community Development Block Grant funds · Preliminary discussion with council on the budget · RPF for sale of Monroe property · Authorization for condemnation resolution for Central Avenue Report of the City Attorney – None Comments by the Mayor – The Mayor commented that the walls put up behind Murzyn Hall did not seem to be as proposed. The Director of Public Works explained that the walls were built according to the approved final plans. GENERAL COUNCIL COMMUNICATIONS Minutes of Boards and Commissions The Council acknowledged the minutes of the July 19, 2001, Telecommunications Commission meeting and the August 7, 2001, Planning and Zoning Commission meeting. City Council Minutes August 13, 2001 Page 18 of 19 CITIZENS FORUM Rick Abraham from 3954 Arthur Avenue discussed the addition of a garage at his residence. Mr. Abraham would like to build a 30 by 28 foot garage on his property. He stated that at the Planning and Zoning Commission meeting, they held a neutral position and it would be up to the city council. He would like the council to make an amendment change to accommodate his request. Councilmember Szurek explained that Tim Johnson, Planner, came up with three options, with option 3 being the recommended staff amendment: Proposed option 1: For single and two-family residential dwellings, no detached garage or accessory structure shall exceed 1,000 square feet or the footprint of the principal structure (excluding attached garage area), whichever is less. In addition, no attached garage shall exceed 1,000 square feet. When an attached garage is present, no detached garage or detached structure shall exceed 600 square feet. Proposed option 2 : For single and two-family residential dwellings, no detached garage or accessory structure shall exceed 1,000 square feet. In addition, no attached garage shall exceed 1,000 square feet. When an attached garage is present, no detached garage or detached structure shall exceed 600 square feet. Proposed option 3: For single and two-family residential dwellings, no detached garage or accessory structure shall exceed 1,000 square feet or the footprint of the principal structure (excluding attached garage area), whichever is less. In addition, no attached garage shall exceed 1,000 square feet. When an attached garage is present, a single detached garage or detached structure is allowed not to exceed 600 square feet, which an additional allowance of a maximum of 150 square feet for a storage shed or other accessory structure. Tim Johnson also had prepared a comparison of other cities and what they allow for accessory structures. Councilmember Nawrocki stated that perhaps a waiver to the ordinance could apply, as this is what was done th for properties on 49 and Silver Lake. It was a consensus of the council to add this item for discussion at the next work session. Citizen Harold Hoium stated that where the city has removed homes, the city should put in sod and/or grass seed instead of leaving it a big mud hole. Mr. Hoium also inquired about a situation he asked the Police Department to check into, as he has not heard from the Police Chief. The Police Chief stated he has not checked into the request yet, but he will check into the situation and report back to Mr. Hoium. Ian Stevens from 4550 Washington Street N.E. summarized a mowing problem involving his property. He stated that the property next to his, which the city owns, was mowed by the city’s public works crew three times this summer. He stated that city crews have mowed down his flowers on his property all three times and is upset about this, because he has had a conversation with the Public Works Superintendent about this after the first time. He asked the council what would be done about the situation. Kevin Hansen, Public Works Director, stated that seasonal workers cut it the second and third time. He is aware of the problem and will work with Mr. Stevens on it. Motion by Councilmember Nawrocki, seconded by Councilmember Williams to direct Kevin Hansen, Public Works Director, to work with Mr. Stevens and other neighboring property owners to make sure we Blend the landscaping between properties. Motion passed unanimously. th Dana Coleman from 805 50 Avenue N spoke on various issues: · Feels we have enough Habitat for Humanity homes and low income housing in our City · Doesn’t feel that the home she lives in (formerly her parents’ home) here in the Heights is worth what people are saying it is worth City Council Minutes August 13, 2001 Page 19 of 19 · Suggested that the city have a mentoring program for homeowners to teach they about home ownership (mowing lawns, etc.) · Regarding some recent incident where prayer was introduced at a political event, she feels there should be separation of church and state. · As a first grade teacher, she teaches her students to be kind and respect one another. The council should be aware of their inappropriate actions during council meetings, and she reminded the council that the citizens could hear and see everything when the meetings are being telecast. COUNCIL CORNER Mayor Peterson: “Remember, don’t take life too seriously, enjoy life, and do a random act of kindness!” Councilmember Nawrocki commented on the following: - He passed out information to the council from the AMM Revenue Committee, and discussed the impact of the tax bill - He commented on the size of the signage on the Cast Theater - He stated that the cable TV schedule needs to be updated so citizens will know what and when to expect items on cable - He commented on the Sheffield area and felt there are noticeable signs of decay - TIF information needs to be discussed further - At the LMC conference, there was information on free signs, which he passed on to Kevin Hansen - The University Avenue sound wall project is underway. It is expected that noise levels on the east side of University Avenue will rise. MnDOT took noise readings before and will be taking them after this project is completed. All the current shrubs and trees are being removed. No replanting of trees or shrubs is planned. This will be looked into further. Councilmember Nawrocki stated he would like to see the before and after reports on the noise. - “Do take city business very seriously” Councilmember Williams stated that he had a great time on National Night Out stopping at various neighborhood parties, and stated that everyone should get to know our Police Department. They are important to all of us and our city He also stated he liked the Cast Theater sign, which he thought was very creative. Councilmember Szurek and other councilmembers commented on the playground equipment that was recently damaged (burned). Citizen Rick Abraham stated the Air Guard is always looking for community projects in which they will donate their time. He offered their assistance in repairing this park if necessary, as well as any other city projects. Everyone was encouraged to be aware of people and events in your neighborhood. The Police Chief stated that graffiti efforts still continue throughout the city. Any suspicious activity should be reported by calling 9-1-1. There is a city picnic scheduled on Tuesday evening, August 14, 2001, at Gauvitte Park. ADJOURNMENT The Mayor adjourned the meeting at 10:37 p.m. Respectfully submitted, Carole J. Blowers, Secretary Pro Tem