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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