HomeMy WebLinkAboutOctober 9, 1989OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
OCTOBER 9, 1989
The meeting was called to order by Mayor Hadtrath at 7:30 p.m..
!. Roll Call
Paulson, Petkoff, Carlson, Paterson, Hadtrath.- present
Pledge of Allegiance
3. Consent Agenda
The folloWing items were included on the consent agenda:
Minutes for Approval
The Council approved the minutes of the Regular City Council Meeting of
September 25th, the Board of Trustees - Volunteer.Relief Association Meeting
of September 25th, and the Special Meeting of the City Council to canvass
election results of September 27th as presented and there were no corrections.
First Readlng of Ordinance No. 1190; Being an Ordin.ance..Amending Ordinance No.
853, City Code of 1977, and Pertaining to the Repeal of Bon.din~ Requirements
for Liquor Licenses
The reading of the ordinance was waived there being ample copies available for
the public.
ORDINANCE NO. ligO
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND PERTAINING
TO THE REPEAL OF BONDING REQUIREMENTS FOR LIQUOR LICENSES
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
application a bond with corporate surety, cash, or United States
Government bonds, in the sum of $3,000.00, which shall be depo-
sited with the Clerk. All cash deposits or bonds shall be subject
to the following conditions:
(a) That the licensee wTll obey all laws relating to the licensed
business.
(b) That the licensee will pay to the City when due all taxes,
license fees, penalities and other charges provided by law.
(c)
That in the event of violation of any law relating to the
business for whlch the licensee has been granted for the
sale of liquor, the bond shall be forfeited to the City.
(d)
That the licensee shall 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
Regular Council Meeting
October 9, 1989
page 2
on his bond.
(el
Such bonds shall be for the benefit of the City, as
obllgee, and of ali persons suffering damages under
the conditions set forth In Section 9. The amount specified
In any bond ls declared to be a penalty, and the amount
r&coverable 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.
(fl
The surety of such bond, or the Insurer of such 1lability
Insurance pollcy, shall be surety company of Insurance
company, as the case may be, duly licensed to do business
In the State of Minnesota and the bond and liability
Insurance policy shall be approved as to form and execution
by the City Attorney. All surety bonds or 1lability Insurance
policies, when approved by the proper City and'State Officers
shall be deposited with the City Clerk.
ls hereby repealed.
Section 2: Section 5.502(q) of Ordinance No. 853, Clty Code of 1977, passed
June 21, 1977, which reads as follows, to-wit:
5. 502 (4)
If United States Government Bonds are depostled Wlth the Clerk in
1leu of a bond with a corporate surety, such bonds shall be ac-
companied 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, forfeitures and penalties
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 wlth 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 licenses.
(al
If the applicant deposits cash In lieu of surety bond, the
deposit of such cash shall be accompanied by a written
agree~nt and assignment upon the part of the ilcensee,
In form approved by the City Attorney, assigning such cash
deposit to the City, to be held by the Clerk-Treasurer sub-
Ject to the conditions, forfeitures, and penalties required
by the laws of the Staee of Minnesota and this code, for the
period of the llcense In connection with which such deposit
Is made, and for three (3) years thereafter, at which time
such deposit be returned by the licensee, with the approval
of the Councll.
(bi If the applicant files cash or United States Government Bonds,
the Clerk shall Immediately transmit such cash or government
Regular Council Neetlng
October 9, ]389
page 3
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 flied, the license shall be permitted to clip
and take al1 Interest bearing coupons thereto attached
as they become due.
is hereby repealed.
Sectlon 3: This ordinance shall be In full force and effect from and after
thirty (30) days after Its passage.
First reading:
October
The second reading of Ordinance No. 1190 Is scheduled for October 23, 1989.
Resolution No. 89-q9; Approvin9 a Special Lot Division Request
The reading of the resolution was waived there being ample copies available
for the public.
RESOLUTION NO. ~g-~8
RESOLUTION OF CITY COUNCIL OF CITY OF COLUNBIA HEIGHTS APPROVING A
SPECIAL LOT DIVISION REQUEST (PIN #35-30-24-31-O159)
WHEREAS, due to inclusion of a portion of the NE International property in
the City's new Nulti-Use Redevelopment Area Tax Increment
Financing (NURA Tlr) District, the Housing and Redevelopment
Authority and City requested that the owners of PIN #35-30-24-
31-0159 (3901 University Avenue) approve and request a lot
division; and
WHEREAS, such was necessary so that no extra property be Included In the
new NURF Tlr District; and
WHEREAS, the owners of the subject property have"formally requested such a
lot division (as reflected In the legal descriptions attached and
Incorporated herewith as Exhibit A, B, and C); and
WHEREAS, the Planning and Zoning Commission members have been consulted
In regard to the proposed lot dlvlslon and recommend approval
of' the request; and
WHEREAS, the lot dlvlslon request was reviewed with City Council members
on September 27, 1989 and such dlvlslon was consistent wlth the
Clty Council's action of September 11, 1989 regarding Resolution
#89-~5; and
WHEREAS, the only adjacent property owner to the area being divided has no
objections to the lot division;
THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia
Heights, HN. that the "Division/Combination Requestj' of NE
International for PIN #35-30-24-31-0159, as on file In the City
Assessing Department, Is hereby approved.
Regular Council Meeting
October 9, 1989
page Z~
Passed this 9th day of October, 1989.
Offered by: Paulson
Seconded by: Petkoff
Roll call: All ayes
Jo-Anne Student, Council Secretary
Mayor Dale V. Hadtrath
Resolution No. 89-49; Certification of Delinquent Special Assessments
The reading of the resolution was waived there being ample copies available
for the public.
RESOLUTION NO. 89-49
CERTIFICATION OF DELINQUENT SPECIAL ASSESSMENTS
BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS,
that
THE COUNTY AUDITOR be, and he is hereby directed, to levy the delinquent
special assessments on the properties in the City of Columbia Heights as
submitted on the attached sheets and filed in the Assessment Book for 1989
totaling $84,h6q.71.
BE IT FURTHER RESOLVED that the aforegolng amounts shall be included in
the individual real estate tax statements for the current year and iden-
tified there on as "Special Assessments - Fund #913."
SAID LEVIES shall be enforced and collected in the manner provided for
the enforcement and collection of State and County taxes under and in
accordance with the provisions of the general laws of the State. All
assessments with penalties and interest as indicated thereon paid to
the County Treasurer shall belong to the City of Columbia Heights and
shall be turned over to the City Treasurer in the manner provided by the
City Charter and Ordinances.
THE CITY OF COLUMBIA HEIGHTS shall accept payment~ on these levies until
October 15, 1989. Upon receipt of said payments the County will be noti-
fied to remove this levy from the tax roils.
Passed this 9th day of October, 1989.
Offered by: Paulson
Seconded by: Petkoff
Roll call: All ayes
Jo-Anne Student, Council Secretary
Mayor Dale V. Hadtrath
'Traffic Commission Items
Stop Signs at Third Street and qlst Avenue
The Council approved the ['nstallation of stop signs at the east intersection
of hist Avenue and Third Street due to the uniqueness of the area adjacent
Regular Counc11 Meeting
October 9, 1989
page $
to the Intersection and limited visibility based upon a recommendation
of the Traffic Commission.
Installation of Handicapped Parking Sign
The Council auth~ri~ed the Installation of a handicapped parking space at
3950 Lookout Place based upon a recommendation from the Traffic CommisSion.
Installation of Handicapped Parkln~ Sl~n
The Council authorized tke Installation of a handicapped parking space in
front of 678 ~0th Avenue based upon a recommendation of the Traffic Com-
mission.
Request for a Block Party
The Council approved the closing of Circle Terrace (from Little LaBelle Park
to the corner of bOth Avenue, from house #1301 to #1200, with the opposite
end remaining open) on Saturday, October lqth from 2:00 p.m. to 10:00 p.m.
In conjunction with a neighborhood party.
Final Payment fqr Sealcoatln~ Pro~ect #8901
The Council accepted the work for 14unicipal Project #3901 and authorized
complete and fl'hal payment of $98,052.57 to Allied Blacktop Company of
Maple Grove, Minnesota.
Chaln Link Fence at Gauvltte Park
The Council awarded fencing work to Midwest Fence Company of South St. Paul
for an amount of $2,988 and authorized the Mayor and City Manager to enter
Into a contract for the same.
Schools, Conference & Workshops
Authorization for Councll Secretary to Attend *'How to Write, Design and Edit
Newsletters1. ~orkshop
The Counclll authorized the attendance of the Councll Secretary at the ~*How
to Write, Design & Edit Newsletters~* Seminar to be held October 18, '1989,
In Bloomington and also authorized that related expenses be reimbursed.
Authorization for Public Works Director to Attend ~ldwest ARC/INFO User
~£oup Conference
The Council authorized the attendance of the Publlc Works Director at the
Midwest ARC/INFOR User group Conference In Madison, Wisconsin on October
17 - 18, 198~ and that related expenses be reimbursed.
Animal Control Contract
The Council authorized the Clty entering Into an agreement with Greater Anoka
County Anlmal Humane Society for anlmal control services at the rate of
$718.88 per month and authorlzed the Mayor and Clty Manager to enter into
an agreement for same.
Cancellation of Publlc Hearln~s Re~ardln9 1990 Budget
The Cobncli cancel'l~ the pu'bllc hearlngs scheduled for October 16 & 17
regarding review of the 1990 proposed budget and the establishment of tax
levies.
Approval of Llcense Applications
The Council approved the 1989 license applications as listed upon payment
Regular Council Meeting
October 9, 1989
page 6
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 Paulson, second b~ Petkoff to approve the consent agenda as pre-
sented. Roll call: All ayes
Correction of Council Meeting Minutes
Motion by Paulson, second by Petkoff to correct the minutes of the AuguEt
]4, 1989, Regular Council Meeting as follows:
Motion by Peterson, second by Paulson to Increase the acquisition cost for
997 44th Avenue owned by Mr. & Mrs. Danielson, to a total of $2,800. Roll
call: All ayes
5. Open Mike
There was no one present for Open Mike.
Presentation..by Anoka County Sheriff Ken Wilkinson ~
Members of the Council has received a copy of the 1988 Annual Report of the
Sheriff's Office. Sheriff Wilkinson referred to matters of mutual concern
between the City and the Sheriff's Office. He reviewed some of the activity
shared by both departments regarding criminal apprehension as well as pre-
ventive measures used by both departments. The Sheriff advised the Council
that polygraph services are now available through the Sheriff's Office as are
twenty-four hour Crime Lab services. He Intends to enlarge the Crime Lab
and add a transport service when allowed by budget. He stated that the auto-
mation of record systems should be completely in place by next spring.
In response to a concern expressed by the Mayor, Wilkinson reviewed what
is presently being done to prevent the increase of drug related crimes. He
noted that federal grants have been received to purchase special drug equip-
ment and to provide additional personnel resources.
Sheriff Wilkinson felt the best approach to the problem of drugs was through
education and enforcement. He noted that there will have to be a change in
values and behavior before any progress can really~be made.
6. Ordinances and Resolutions
First Readln~ of Ordinance No. llgl; Bein9 an Ordinance Amending Ordinance
No. 853, Authorizing the LOnlg'Term Lease of City-Owned Property
The City Manager briefly explained the purpose of this ordinance as it related
to Invest Cast, Inc. and to city-owned property.
Motion by Peterson, second by Paulson to waive the reading of the ordinance
there being ample copies available to the public. Roll call: All ayes
ORDINANCE NO. 1191
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND CON-
VEYING CERTAIN REAL ESTATE TO INVEST CAST, INC.
The City of Columbia Heights does ordain:
Section l: The Mayor and City Manager are herewith authorized to enter into
Regular Council Meetlng
October 9, 1989
page 7
a long term lease agreement with Invest Cast, Inc. to lease
to Invest Cast, Inc. the property currently owned by the City
which Is iegall, y described as follows, to wit:
Section 2:
Lots 18, 19, 20, and 21, Block 84, Columbia Heights Annex to
Minneapolis, Anoka County, Minnesota.
o
That the duratlon of the lease may be of a very long term
such that the lease may be the equivalent of a sale for
purposes of the Clty~s obligation under the City Charter
to require the passage of an Ordinance as a prerequlsite
to making the conveyance.
Section 3:
Thls ordinance shall be In full force and effect from and
after thirty (30) days after Its passage.
First reading: October 9, 1989
Notion by Peterson, second by Paulson to schedule the second reading of
Ordinance No. 1191 for October 23, 1989. Roll call: All ayes
7. Communications
a. Conditional Use Permit - Tony Simon, 3955 Central Avenue
Motion by Paulson, second by Petkoff to approve a conditional use permit
for a 24~ x 26~ detached garage at 3958 Central Avenue. Roli call: All
ayes
b. Condltlonal Use Permit - Fernando Caballero, q52q Monroe Street
Motion by Peterson, second .by Paulson to approve a conditional use permit
for a home occupation (beauty.shop) at q524 Monroe Street subject to the
separate entrance being installed to beauty shop area and !lvlng room
being closed off from beauty shop. Roll call: All ayes
c. Funding Request - Anoka County Historical Society
Motion by Carlson, second by Petkoff to authorize a payment In the
amount of $500.00 to the Anoka County Historical'Society consistent
with their letter requesting financial support dated September 26,
1989; and furthermore, that such expense be charged to the Mayor-
Councll budget, account #8100 - Contingencies. Roll call: Ail ayes
8. Old Business
Award of Bid for Municipal Project #8905 Public Works Equipment Storage
Bulldlng
Motion by Carlson, second by Paulson t~ authorlze the award of Munlcipal
Project #8905 to Met-Con Metro, Inc. of Bloomington for an amount of
$93;403.70, based upon low, formal bid, and, recognizing a contribution
of $18,403.70 from the Columbla Heights Athletlc Boosters; and further-
~re, to authorize the Mayor and City Manager to enter Into an agreement
for the same. Roll call: All ayes
Regular Council Meeting
October 9, 1989
page 8
9. New Business
Payment for Temporary Secretarial Assistance
Motion by Petkoff, second by Paulson to authorize payment of $1,461.20
for clerical and secretarial assistance in the Public Works Department
to Kelly Services as had been budgeted. Roll call: All ayes
10. Reports
a. Report of the City Manager
The City Manager's report was submitted in written form and the following
items were discussed:
l. Operational Reports: Division Heads have been submitting written
operational reports for a couple of months. The City Manager requested
members of the Council to give some feedback on these reports if they
so desire.
2. 1980 Tax Increment Financing Bonds: The City Manager advised the Council
that the first call date for the TIF bonds is March I, 1990.
3. Mongolian Garden Restaurant: The Building Inspector has extended the
deadline to October 19, 1989 for the Mongolian Garden Restaurant to
comply with a stipulation regarding its temporary occupancy permit.
4. Letter from NSP: The City Manager advised the Council that Northern
States Power has submitted a petition to the Public Utilities Com-
mission requesting an electric rate increase, NSP indicated they
anticipate an overall rate increase between 9 - 10%. The City Manager
felt the average rate increase could be more than the quoted percentage.
5. East-West Alley Adjacent to 3977 Quincy Street: A resident whose property
is on this alley has contacted staff regarding alley improvement. He is
of the opinion that the alley surface is bituminous and needs repair
or replacement. The Public Works Director.advised that there is no sur-
face on the alley and never has been. The present surface is the result
of accumulation of dust coatings. Councilmemb~r Petkoff stated she has
viewed the alley and it appears that nothing has ever been done to the
alley. She also observed that vehicles drive onto private property and
feels the property owner has a legitimate concern. The City Manager
will get additional information regarding this alley and report back
to the Council at a work session.
6. AFSCME Local 495 - Contract Negotiations Proposal: Thls matter will be
inctuded on a Council work session agenda and collective bargaining pro-
cedures will be discussed as well.
7. Repeal of Section 89: The City Manager explained the history of Section
89 and its purpose. He indicated that is expected that Section 89 will
be repealed from the IRS Code.
b. Report of the City Attorney
The City Attorney had nothing to report at this time.
Regular Council Heeting
October 9, 1989
page 9
Adjournment
Motion by Carlson, second by Peterson to adjourn the meeting at 8:35 p.m..
Roll call: A!I ayes
J~/A~nne Student, -Counc~"l'-~cretary
Mayor Dale V. Hadtrath
CORRECTION OF AUGUST lh~ 198g COUNCIL MEETING MINUTES
Incorrect Information was given at the August.14th Council Meeting
regarding an appraisal error. The acquisition cost was correct,
being $2,800. The property In question and Its owners was
Incorrect.
The motion should read: "Motlon by Peterson, second by Paulson
to increase the acquisition cost fo~ 997 44th Avenue N.E. owned
by Mr. & Mrs. Danlelson, to a total of $2,800. Roll call: All
ayes~
Accepted October 9, 1989 City Council Meeting