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