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