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HomeMy WebLinkAboutOctober 10, 1988OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 10, 1988 Mayor Hadtrath called the meeting to order at 7:30 p.m.. 1. Roll Call Paulson, Petkoff, Carlson,'Peterson, Hadtrath - present 2. Pledge of Allegiance 3. Consent Agenda The following items were on the consent agenda: Minutes of Previous Meet.ings The Council approved the minutes of the Regular City Council Meeting of September 26th and the Public Hearing of September 29th as written and there were no corrections. Resolution tlo. 88-70; 1988 Single Family Mortgage Revenue Bond Program Resolution Establishing Public Hearing The reading of the resolution was waived. RESOLUTION NO. 88-70 ESTABLISHING A DATE FOR A PUBLIC HEARING ON A SINGLE FAMILY HOUSING PROGRAM UNDER MINNESOTA STATUTES, CHAPTER 462C WHEREAS, pursuant to Minnesota Statutes, Chapter 462C (the "Act"), the City of Columbia Heights, Minnesota (the "City") proposes to undertake a single family housing program (the "Program") pursuant to which the City will issue up to $10,000,000 of single family mortgage revenue bonds to finance the Program; and WHEREAS, pursuant 'to the Act a public hearing is required to be held prior to approval of the Program following publication of notice thereof in a newspaper of general circulation in the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota: 1. A public hearing on the Program wii1 be held by the City Council of the City on October 24, 1988 at 7:30 p.m.. 2. The publication of notice of such public hearing in substantially the form attached hereto in a newspaper of general circulation in the City and submission of the Program to the Metropolitan Council on or before the date of publication of such notice is hereby ratified and confirmed. Adopted this lOth day of October, 1988. Offered by: Paulson Seconded by: Petkoff Roll call: All ayes Jo-Anne Student,.Council Secretary Mayor Dale V. Hadtrath Regular Council Meeting October lO, 1988 page 2 ATTEST: William J. Elrlte, City Clerk Establishing a Salary Range for StoPe Supervisor - Liquor Operation The Council established a salary range for the position o'f Store Super- visor in the Liquor Operation as follows: Entry 6 Month 1 Year 2 Years 3 Years Monthly Wage $1,461 $1,511 $1,560 $1,610 $1,660 Award of Bid - Microform Reader/Printer for Library The Council authorized the award to Active Micrographlcs, Inc. the bid for the purchase and installation of a Canon .PC-80 microform reader/ printer with a zoom 'tens at the Library for a cost of $5,581.25 based on lo~, formal bid; and authorized the Mayor and City Manager to execute a contract for the same. Award of Bid - Copier for Library The Council authorized the award to. Gestetner Office Systems the bid for the purchase and installation of a 2240Z copier of the Library for a cost of $4,814.23 based on low, formal bid and authorized the Mayor and City Manager to execute a contract for the same. Schools and Conferences - Attendance of Police Chief at Developing Policies, Procedures and Rules The Council approved the attendance of Chief Anderson at the class Developing Policies, Procedures and Rules in Denver, Colorado, on November ~ - 11, 1988 and that the expenses be paid out of the Police Department budget. Licenses The Council approved the license applications as listed upon payment of proper fees. Payment of Bills The Council approved the payment of bills as listed out of proper funds. 4. Approval of Consent Agenda Motion by Pauison, second by Petkoff to approve the consent agenda items as presented. Roll call: A11 ayes 5. Open Mike The resident at 5045 Jefferson Street expressed concern with a lotsplit being requested for 5051 Jefferson Street. He stated that if this 1or- split is granted and another home is built on the property the drainage problems presently being experienced will increase. This item is on the agenda for discussion later in the meeting. 6. Public Hearing, Ordinances and Resolutions a. Meeting of the Committee of the Whole to Consider the Initiative Petition Regarding Huset Park Improvements Mayor Hadtrath read a letter received from the Minnesota Pollution Control Regular Council Meeting October 10, 1988 page 3 Agency (MPCA) regarding Huset Park. The letter stated that the Agency had received a citizenls complaint regarding the dumping of unknown materials in the area now known as Huset Park. The letter continued, regarding this alleged dumping, as to what measures will be taken by the Agency to determine if the dumping had actually occured and if so, what the content of the materlals dumped may be. It was noted that the Agency may not be able to undertake any action on this matter for a year. Mayor Hadtrath'noted that this was a serious allegation and ulti- mately rendered the Huset Park Improvement Project a dead issue and the Councll must abandon the project. Representatives of.civic organizations stated they had dedicated the funding for this project only to benefit the youth of the community. The City Ranager explained some of the measures the Agency would likely take to determine if there is a problem. It was noted that some of the Agencyls activities ~ouid be costly and perhaps some of the cleaning up work, if necessary, coutd be paid for by the Superfund. Motion by Hadtrath, second by Paterson to abandon Project #8803, the Reconstruction of Huset Park, and provide that no further expenditures be made for said project. The resident at 1255 Polk Place felt this motion was not proper pro- cedure and did not follow the Charter. Some discussion continued regarding the closing of Huset Park until this matter is completed and the MPCA's studies are finished. The resident at 4015 7th Street stated she felt the project should not go forward Tn any case and the park should not. have so much of the land dedicated to ballfie]ds. She noted she had witnessed Electric Steel Castings trucks dumping some mater~al in the park area many years ago. Councilmember Paterson felt this NPCA letter made major changes in the direction the Council could take on the project. He expressed concern for all of the children who had played in this park for many years. He noted that some residents had expressed concern with property values if the project were approved and recognized that now those property va]ues were really in question. Counciimember Carlson had not supported the project in the past and would not express an opinion now that'it has been abandoned. Councilmember Paulson has concern for residents whose homes are close to Huset Park if the allegation proves to'be true. He a]so wondered why it took 25 - 30 years for the citizen complaintant to bring this matter to the attention of the proper people. Councilmember Petkoff felt this project was a farsighted proposal and that the City would truly have benefitted from it. She noted that many of the other inner-ring suburbs had an on-going program for improvement. She felt improvement was vital for our City and this recent activity was going backwards and would result in our City beinq a less,desirable location for people to buy homes and raise families. Ro11 call: Al~ ayes Mayor Hadtrath stated that in the light of recent events he will withdraw his offer to pay ithe costs of a Special Election. Hotion by Paterson, second by Paulson to submit the Council motion to the City Clerk and give the petitjgners an.oDoortpnity to obiect or accept. One of the petitioners felt the Initiative Petition is not being responded to. The City Attorney read the initiative petition, which was an ordinance. He advised the Council if they take no action and let the sixty-five days Council Meeting October 10, 1988 page q elapse, the project would be.dead unless the circulators of the · petition take some action. Roll call: Paulson, Petkoff, Peterson, Hadtrath - aye Carlson - abstain RECESS: 8:55 p.m. RECONVENE: 9:10 p.m. b. First Reading of Ordinance No.' 1173; Amending Ordinance No. 853, City Code of 1977, Pertaining to Temporary Banners and Pennants The City ~anager .had recommended tabling the first reading of the ordinance and put this matter on the agenda of a Council work session. Councilmember Petkoff suggested that the first reading be held and also it be a subject of discussion at a Council work session. Motion by Petkoff, second by Paulson to waive the first reading of Ordinance Ilo. 1173. Roll call: All ayes ORDINANCE NO. 1173 AMEIaDING ORDINANCE NO. 853, CITY CODE OF 1977 PERTAINING TO TEMPORARY BANNERS AND PENNANTS The City of Columbia Heights does ordain: Section 1: Section 9.117A(q)(k) and Ordinance Number 853, City Code of 1977, passed June 21, 1977, which reads as follows, to wit: A sign which contains or consists of banners, pennants, ribbons, streamers, strings of light bulbs, spinners or similar devices. is herewith amended to read as follows, to wit: A sign which contains or consists of banners, pennants, ribbons, streamers, strings of light bulbs, spinners or similar devices, except as allowed by ~9.117A(5)(o)and ~9.117A(3) (k). Section 2: 9.117A(5)(o) of Ordinance Number 853, City Code of 1977, passed June 21, 1977, which is currently reserved, is herewith amended to read as follows, to wit: One temporary on-site banner or pennant advertising the sale, lease or rental of the lot(s) or premises on which such a banner or pennant is situated, provided that the total area of such banner or pennant shall not exceed the ratio of one (1) square feet of building area plus one (1) square foot of .sign area for each one thou- sand (1,000) square feet of lot area. No such banner or pennant need be less than thirty (30) square feet. No such banner or pennant shall remain past the date of the offering or be displayed for a period of more than one hundred twenty days (120), whlchever period is shorter. Section 3: Section ~.117A(3)(k) of Ordinance Number 853, City Code of 1977, passed June 21, 1977, which is currently re- served, Council Heetlng October 10, 1988 page 5 is herewith amended to read as follows, to wit: Standards for Banners and Pennants: (i) No banner.or pennant weighing in excess of thirty (30) pounds is permitted unless it is first approved by the Building Official. (~i) No banner or pennant shall extend over or into any street, alley, sidewalk, or other public thoroughfare a distance greater than four (~) inches from the wall upon which it is erected, and it shall not be placed or project over any wall opening. (iii) No banner or pennant shall be erected so as to prevent free ingress to or egress from any door, window or fife escape, nor shall such sign be .attached to any stand pipe or fire escape. (iv) Every banner or pennant shall be attached to the wall with wire or steel cables, and no strings, ropes or wood slats for anchorage or support purposes shall be permitted. Section 4: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: October !0, 1988 Motion by Petkoff, second by Paulson to schedule the second reading of Ordinance No. 1173 for October 24, 1988. Roll call: All ayes This matter will be discussed at the October 17th Council work session. 7. Communications a. Planning and Zoning Commission 1. Lotsplit - 5051Jefferso~ Street N.E., Rarvey Mild Earlier in the meeting an adjoing property'owner had expressed concern with water drainage if this lotsplit resolution is approved and another home and garage are built on the property. He was' advised by the Building Inspector that all elevations and drainage considerations must be sub- mitted to and approved by the Engineering Oepartment. The water runoff from this property wi11 have to meet those requirements which will dir- ected to an appropriate area and not.to an adjoining property. Motion by Peterson, second by Hadtrath to waive the'reading of the reso- lution there being ample copies available to the public. Roll call: Ali ayes RESOLUTION NO. 88-71 SUBDIVISION REQUEST I, Harvey L. Mild, hereby request a split of PIN 26 30 24 13 0099 legally described as: Lot 17, Block 2, Lyndale Builders Second Addition, Anoka County, Minnesota. · Council Meeting October 10, 1988 page 6 THE DESCRIPTION HENCEFORTH TO BE: That part of Lot 17, Block 2, Lyndale Builders 2nd Addition, Anoka' County, Minnesota lying northerly of the following described line: Beginning at a point on the west line of said Lot 17, 60 feet north of the southwest corner of said lot, thence easterly, parallel with the south line of said lot, 67 feet; thence southerly, parallel with the west.line of said lot, 10 feet; thence easterly, parallel with the south line of said lot, to the east line of said Lot 17 and there terminating. 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 des- cribed property', in the amount of $ NONE be divided. Paid. Any pending or future assessments will be levied according to the new split as approved this day. Any lotsplit give approval shall become invalid if the resolution, motion or other Councll action approving the said lotspllt is not filed with the County Auditor within one (l) year of the date of the Council action. PLANNING S ZONING DEPT. ACTION: Approved This 4th day of October, 1988. Harvey L. Mild (sig.) Signature of Owner, Notarized 5051 Jefferson Street, Columbia Heights Owner's Address Offered by: Peterson Seconded by: Ryan Roll call: All ayes LeRoy Goranson (si~.) Zoning Officer CITY COUNCIL ACTION: Telephone No. 572-1747 Subscribed and sworn to before me this 16th day of September, 1988. Bonnie A. Jewett (sig.) Notary Public Approved Offered by: Peterson Seconded by: Hadtrath Roll call: All ayes This lOth day of October, 1988. Mayor Dale V. Hadtrath Jo-Anne Student, Council Secretary FEE $10.00 DATE PAID: 9-16-88 RECEIPT NO. 18643 2. Appeal of Denial by Planning and Zoning Commission Sign Variance, qO01 Central Avenue, Zaiden Holdings, Inc. The Building InsPector distributed copies of the most recently received proposed sign to the Council. He noted this alternate proposal is not in compliance with the Sign Ordinance. The proposed sign would be nine Council Meeting October 10, 1988 page 7 feet higher than the present sign but the same width. The representative of Zaiden Holdings indicated that the variance request is being made so all of the tenants in the Columbia Heights Mall could have their name on the sign thereby giving them more exposure to the passing traffic. It was noted that the building is located some distance from Central Avenue and the present signage on the building is less than adequate. A resident representing LaBelle Condominiums associations spoke against granting of the variance. Councilmember Peterson advised the Council that the Planning and Zoning Commission could not grant this variance due to the lack of an hardship but most the Commission was supportive of cooperating with city businesses to enhance their business opportunity. The rep- resentative of Zaiden Holdings inquired if the Council could approve the request if the topper on the sign were to be removed and perhaps added ]ater after the Council had discussed it at a work session. Councilmember Petkoff felt the topper should remain as it contains the name of the City and does much to identify the City's downtown. It was the consensus of the Council that every effort should be made to make the'Columbia Heights Mall more attractive to potential tenants. Notion by Carlson to table this matter. Motion dies for lack of a second. Motion by Petkoff, second by Paulson to approve the nine foot height variance to Zaiden Holdings,' Inc. for the Columbia Heights Mall based on .the lack of visibility going south on Central Avenue due to the location and height of the trees. Roll call: Paulson, Petkoff, Peterson, Hadtrath - aye Carlson - nay b. Cable Company Offer Regarding Franchise Non-Compliance Issues John Eddy, Chief Operating Officer of Uorth Central Cable Communications, advised the Council he was at a loss as to what the City expects to resolve the problems which have been experienced for some time. He suggested that the City Council appoint or designate a committee to meet with repre- sentatives, of the cable company to discuss resolutions.of the problems and ultimately return recommendations to the Council. Councilmember Paulson, who is the Council Representative on the Cable Commission, stated that much of the delay in resolution of the problems was on the part of the cable company. He cited other problems whlch have not been addressed nor adequately acknowledged by the cable company. He felt this matter should be discussed at a council work session. Motion by Paulson, second by Carlson to 'delay any Council action until~ the matter has been discussed at the council work session on October 17th. Ro11 call: All ayes 8. Old Business There was no old business. New Business a. Establish Special Assessment Hearing Dates Notion by Petkoff, second by Paulson to establish special assessment hearing dates for November 21st and November 30th to be held at 7:30 p.m. in the City Council Chambers. Roll call: All ayes b. Architectural Fees for Project #8803 Councilmember Carlson inquired if this work had been authorized. The City Manager advised that it was. Notion by Petkoff, second by Peterson to authorize payment of $8,760 to Donald F. Pertinen Plahning and Design, Inc. of Spring Lake Park. Roll call: Paulson, Petkoff, Peterson, Hadtrath - aye Carlson - nay Council Meeting October i0, 1988 page 8 c. Electrical Engineering Fees - Project #8803 Lighting Systems Motion by Paulson, second by Peterson to authorize payment of $1,400 to Wunderlich-Malee of Eden Prairie for services rendered. Roll call: Paulson, Petkoff, Peterson, Hadtrath - aye Carlson - nay IO. Reports a. Report of the City Manager The City Manager!s report was submitted in written form and the followlng items were discussed: Charitable Gambling Control Board Proposed Rule Regarding Rental and Lease Agreements: The Board has proposed rules llmitlng the amount of lease payments associated with charitable gambllng. The City Manager noted the City's restrictions on rental and lease payments are less restri'ctive than the State's. No Council action was taken on this matter at this time. Housing Development Plan of the HRA: The HRA Director has indicated to the City Manager he ~ould like to schedule a meeting with the Council to discuss an housing development plan on the east side of Central Avenue. Letter From Cable Counsel: The City Manager has recelved.a letter from the City's cable counsel regarding the billing for legal services for cable. He advised the Council he will have additional information on this item. b. Report of'the City Attorney The City Attorney had nothing to report at this time. Adjournment Motion by Carlson, second bY Paulson to adjourn the meeting at )0:15 p.m.. Roll call: All ayes -Anne StUdent, Cou~cil Secretary Mayor Dale V: Hadtrath