Loading...
HomeMy WebLinkAboutOctober 23, 1989OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS BOARD OF TRUSTEES VOLUNTEER RELIEF ASSOCIATION OCTOBER 23, 1989 Council President Paulson called the meeting to order at 8:35 p.m.. 1. ROLL CALL Petkoff, Carlson, Peterson, Paulson - present Hadtrath - absent 2. REQUEST FOR PROPOSALS FOR THE 1989 AUDIT Motion by Petkoff, second by Peterson to authorize the Mayor and City Manager to enter into a contract with Parnell Kerr Forster for auditing services for 1989 at a proposed fee of $1,250. Roll call: All ayes Councilmember Carlson indicated his support for this motion noting that he did not vote for this firm to do the City's 1989 audit. His reason for his affirmative vote on this motion was to avoid having two firms do the auditing for the City and for the Volunteer Relief Association. 3. ADJOURNMENT Motion by Carlson, second by Peterson to adjourn the meeting at 8:37 p.m.. Roll call: All ayes /~n~e Student, C-ouncil Sec reta ry Council President Russell Paulson OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 23, 1989 The meeting was called to order by Council President Paulson at 7:30 p.m.. 1. ROLL CALL Petkoff, Carlson, Peterson, PauIson - present Hadtrath - absent 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA The following items were on the Consent Agenda: Minutes of Previous Meetings The Council approved the minutes of the Regular City Council Meeting of October 9, 1989 as presented and there were no corrections. First Reading of Ordinance No. 1192; Dealing With an Amendment to Secondhand Merchants Licensing Ordinance The reading of the ordinance was waived there being ample copies available to the public. ORDINANCE NO. 1192 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND PERTAII~It~G TO SECOI~D HAND MERCHANTS The City of Columbia Heights does ordain: Section l: Section 5.204(12) of the City Code of 1977, passed June 21, 1977, which is currently reserved shall hereafter read as follows: 5.204(12) The Council may grant an exemption from the requirement of ~5.204 (11) with respect to hours during which business may be conducted, and, business opening on New Year's Day, Memorial Day, Fourth of July and Labor Day for merchants who obtain their merchandise solely from eleemosynary organizations upon a showing by the licensee that the requirements of ~5.204(11) would impose an undue burden on the licensee and would not further the under- lying purposes of this section. Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: October 23, 19891 The second reading of Ordinance No. 1192 is scheduled for November 13, 1989. Resolution No. 89-50; Establishing License and Inspection Fees for Housing Maintenance Code and Rental Housing The reading of the resolution was waived there being ample copies available to the public. Regular Council Meeting October 23, 1989 page 2 RESOLUTION NO. 89-50 ESTABLISHING LICENSE AND INSPECTION FEES FOR HOUSING MAINTENANCE CODE AND RENTAL HOUSING WHEREAS: Ordinance No. 1176, being an Ordinance amending Ordinance No. 853, City Code of 1977, establishes a Housing Maintenance Code and provides for the licensing of rental units within the City; and WHEREAS: The City has adopted Resolution No. 89-43 establishing 1990 business license fees, NOW, THEREFORE, BE IT RESOLVED that the 1990 License Fee Schedule effective January 1, 1990 is hereby amended to include license and inspection fees for the Housing and Maintenance Code and Rental Housing Ordinance as follows: Rental Housing License License Transfer Fee Single Family & Duplexes $15/Unit Per Year $t5/Unit Per Year Multiple, Three or More Units License Transfer Fee $40 + $3/Unit Per Year $40 + $3/Unit Per Year Re-Inspection Fee $25.00 if corrections are not completed in conformance with the Building Official's com- pliance order. Passed this 23rd day of October, 1989. Offered by: Peterson Seconded by: Carlson Roll call: All ayes Jo-Anne Student, Council Secretary Council President, Russell Paulson Petition Received From Residents on Tyler Street - 41st to 43rd Avenues The Council directed the City Manager to have staff undertake a study of the watermain located in Tyler Street between 41st and 43rd Avenues to determine the need for replacement; and to submit a written report on staff's findings on or before December 15, 1989. Cable Franchise Violations The Mayor and City Manager were authorized to enter into an agreement wTth Cable TV North Central which would allow for a ninety day cooling off period during which time the parties would attempt to reconcile and resolve their differences concerning franchise ordinance vTolations. Accepting Visa and Mastercard The Council authorized the Mayor and City Manager to enter into an agreement with Citicorp Card Acceptance Services for the processing of Visa and Mastercard services. Regular Council ~teeting October 23, 1989 page 3 License Applications The Council approved the 1989 license applications as listed upon payment of proper fees and waived the fee for the Itinerant Food Concession for the Fire Department Womens Auxiliary. Payment of Bills The Council authorized the payment of the bills as listed out of proper funds. 4. APPROVAL OF CONSENT AGENDA Motion by Peterson, second by Carlson to approve the consent agenda as pre- sented. Roll call: All ayes 5. OPEN MIKE/PROCLAMATIONS There were no proclamations and no one was present for Open Mike. 6. ORDINANCES AND RESOLUTIONS a. Second Reading of Ordinance No. 1190; Pertaining to the Repeal of Bonding Requirements for Liquor Licensees Motion by Petkoff, second by Peterson to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 1190 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND PERTAINING TO THE REPEAL OF BONDING REQUIREMENTS FOR LIQUOR LICENSEES The City of Columbia Heights does ordain: Section 1: Section 5.502(3) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: 5.502(3) The applicant shall file with the Clerk at the time of making ap- plication a bond with corporate surety, cash, or United States Government bonds, in the sum of $3,000.00 which shall be deposited with the Clerk. All cash deposits or bonds shall be subject to the following conditions: (a) That the licensee will obey all laws relating to the licensed business. (b) (c) That the licensee will pay to the City when due all taxes, license fees, penalties rand other charges provided by law. That in the event of violation of any law relating to the business for which the license has been granted for the sale of liquor, the bond shall be forfeited to the City. (d) That the licensee will pay, to the extent of the principal amount of such bond, any damages for death or injury caused by, or resulting from the violation of any law relating to the business for which such license has been granted, and that such recovery may be had also against the surety on his bond. Regular Council Meeting October 23, 1989 page 4 Section 2: 5.502(4) (e) Such bonds shall be for the benefit of the City, as obligee, and of all persons suffering damages under the conditions set forth in Section 9. The amount specified in any bond is declared to be a penalty, and the amount recoverable shall be measured by the actual damages. The surety shall not be liable in excess of the penal amount of the bond. In case of forfeiture of any bond for violation of the law, the District Court of Anoka County may forfeit the penal sum of such bond to the City. (f) The surety of such bond, or the insurer on such liability insurance policy, shall be surety company of insurance com- pany, as the case may be, duly licensed to do business in the State of Minnesota and the bond and liability insurance policies, when approved by the proper City or State Officers shall be deposited with the City Clerk. is hereby repealed. Section 5.502(4) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: If United States government bonds are deposited with the Clerk in lieu of a bond with a corporate surety, such bonds shall' be accompanied by a properly executed assignment, in form approved by the City Attorney, assigning such government bonds to the City, to be held subject to the conditions, forfeiture and penal- ties provided by the laws of the State of Minnesota and this code. Such assignment shall also contain a stipulation and agreement that such bonds shall remain with the Clerk-Treasurer, subject to the terms and conditions of such assignment and such State laws, during the term of the license in connection with which such government bonds are deposited and for three (3) years thereafter, at which time such government bonds may, with the approval of the Council, be returned by the City Treasurer to the licensee. (a) If the applicant deposits cash in lieu of surety bond, the deposit of such cash shall be accompanied by a written state- ment and assig~ment upon the part of the licensee, in form approved by the City Attorney, assigning such cash deposit to the City, to be held by the Clerk-Treasurer subject to the conditions, forfeitures, and penalties required by the laws of the State of Minnesota and this code, for the period of the license in connection with which such deposit is made, and for three (3) years thereafter, at which time such deposit be returned to the licensee, with the approval of the Council. (b) If the applicant files cash or United States government bonds, the Clerk shall immediately transmit such cash or government bonds together with the assignment or agreement accompanying them, to the Treasurer, who shall execute a receipt therefor, which receipt shall be filed with the Clerk. If government bonds are filed; the license shall be permitted to clip and take all interest bearing coupons thereto attached as they become due. Regular Council Meeting October 23, 1989 page 5 is hereby repealed. Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: Second reading: Date of passage: October 9, 1989 October 23, 1989 October 23, 1989 Offered by: Petkoff Seconded by: Peterson Roll call: All ayes Council President, Russell Paulson Jo-Anne Student, Council Secretary b. Second Reading of Ordinance No. ll91; Long Term Lease of City-Owned Property Motion by Petkoff, second by Peterson to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes The City Manager reviewed the most recent draft of the lease agreement between Invest Cast, Inc. and the City for city-owned property. He noted that there will be more revisions made before the Mayor and he signs the lease agreement. ORDINANCE NO. ll91 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND CONVEYING CERTAIN REAL ESTATE TO iNVEST CAST, INC. The City of Columbia Heights does ordain: Section 1: The Mayor and City Manager are herewith authorized to enter into a long term lease agreement and the City Attorney is hereby authorized to prepare such lease agreement with Invest Cast, Inc. for the pro- perty currently owned by the City which is legally described as follows, to wit: Lots 18, 19, 20 and 21, Block 84, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. Section 2: That the duration of the lease may be of such a term that it may 'be construed to be the equivalent of a sale for purposes of the City's obligation under the City Charter Section 110 to require the passage of an Ordinance as a prerequisite to making the conveyance. Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: Second reading: Date of passage: October 9, 1989 October 23, 1989 October 23, 1989 Offered by: Seconded by: Petkoff Peterson Regular Council Meeting October 23, 1989 page 6 Roll call: All ayes Russell Paulson, Council President Jo-Anne Student, Council Secretary 7. COMMUNICATIONS There were no additional communications. 8. OLD BUSINESS There was no old business. 9. NEW BUSINESS a. Request for Proposals for the 1989 Audit The City Manager reviewed the proposals received for the 1989 Audit. Council- member Petkoff inquired if the auditing firm being recommended has indicated if it would provide on-going service to the City if it were desired. The Finance Director responded that this had been the case and the firm being recommended had made the largest commitment in the total number of hours and the manage- ment level was also the highest. He felt that by this commitment the possibility of cost overruns and additional fees would be reduced. In previous discussions regarding hiring the services of an auditing firm, the Council had expressed a preference for changing firms on a five plus year basis. The present auditing firm has done the City's annual audit for four years and was the low bid on this item. Councilmember Carlson indicated he supported the low bidder even though they had not committed the largest number of hours. Motion by Carlson to authorize the Mayor and City Manager to enter into a contract with Bergren, Holmgren and Loberg. Motion dies for lack of a second. Motion by Petkoff, second by Peterson to authorize the Mayor and City Manager to enter into a contract with Pannell Kerr Forster for auditing services for 1989 at a proposed fee of $15,000. Roll call: Petkoff, Peterson, Paulson - aye Carlson - nay b. Establish Public Hearing Date for Presentation of 1990 City Budget Motion by Paulson, second by Petkoff to schedule a public hearing on November 20, 1989 at 7:00 p.m. to consider the 1990 City Manager's recommended budget. Roll call: All ayes Motion by Paulson, second by Petkoff to establish November 21, 1989 at 7:00 p.m. as the date and time to reconvene the public hearing regarding the 1990 City Manager's recommended budget. Roll call~ All ayes c. Authorization to Expend Funds for Additional Lighting in City Hall The City Manager reviewed all of the bids received for additional lighting in City Hall and explained why two of the bids did not meet the specifications. Motion by Petkoff, second by Paulson to authorize the expenditure of funds up to $4,000 for the installation of additional lighting at City Hall by Sherwood Electric as stated in the informal, written quotation; and to authorize the Mayor and City Manager to execute a purchase agreement for same; and further- more, that costs be charged to Project #411-41940-5120, Capital Improvements - Regular Council Meeting October 23, 1989 page 7 General Government, Building and Improvements. Roll call: All ayes d. Authorization of Change Order #2 Regarding Building Improvements The City Manager reviewed all parts of the change order. Motion by Peterson, second by Carlson to authorize Change Order #2 with Kumar Mechanical, Inc. in the amount of $3,584 for the mechanical, electrical, and roofing improvements to City Hall, Municipal Service Center, and Public Library; and furthermore, that the Mayor and City Manager be authorized to execute the appropriate change order documents. Roll call: All ayes 10. REPORTS a. City Manager's Report The report of the City Manager was submitted in written form and the following items were discussed: 1. Review of Joint Powers Agreement Regarding Recreation and Community Services: The City Manager recommended that representatives of the two funding bodies, those being, the School Board and the City Council, meet to discuss amendments to the existing joint powers agreement. Council- member Petkoff felt there should be representatives from the Recreation Commission at the meeting. The City Manager advised that this had been dis- cussed and it was decided that Councilmember Petkoff and School Boardmember Smith should be included in the meeting. Councilmember Paulson suggested that the Chair of the Recreation Commission attend. Councilmember Petkoff agreed with this suggestion and felt the Director of the Recreation Depart- ment should also be in attendance so that everyone involved with the joint powers agreement would have a good understanding of how the agreement should be administered and carried out. The Council agreed that two members of the City Council should attend; Councilmembers Petkoff and Carlson, two members of the School Board should attend; Boardmembers Lindstrom and Smith, as well as the City Manager, the School District Superintendent and the Director of the Recreation Department. A meeting was scheduled for Monday, October 30th at 7:00 p.m.. 2. Department Operational Reports: Councilmember Paulson observed that there is still a vacancy in'the Fire Department. He inquired what is being done at this point in time to fill this vacancy. The City Manager advised that the Chief is not actively pursuing this matter pending a determination regarding the vacancy. Councilmember Petkoff expressed her appreciation for the operational reports noting that she found them very informative. b. City Attorney's Report The City Attorney had nothing to report at this time. ADJOURNMENT Motion by Peterson, second by Carlson to adjourn the meeting at 8:35 p.m.. Roll call: All ayes o-A-n~e Student, C6~nci 1 Secretary Council President, Russell Paulson