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HomeMy WebLinkAboutMay 22, 1989OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING MAY 22, 1989 The meeting was called to order by Mayor Hadtrath at 7:30 p.m.. 1. Roll Call Paulson, Petkoff, Carlson, Peterson, Hadtrath - present Pledge of Allegiance 3. Consent Agenda The following items were on the consent agenda: Minutes for Approval The Council approved the minutes of the Regular City Council Meeting of May 8th as presented and there were no corrections. First Reading of Ordinance No. 1186; Being an Ordinance Amending Ordinance No. 853 The reading of the ordinance was waived. ORDINANCE NO. !186 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO DEPOSITING OF SNOW, LEAVES, OR GRASS IN TRAVELED WAYS The City of Columbia Heights does ordain: Section 1: Section 10.204 (5) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently reserved, shall be amended to hereafter read as follows, to wit: No person shall throw, discard, or deposit any leaves, grass, other organic waste materials, or snow from private property to the traveled way or paved portion of any street or alley within the City. Section 2: Section lO.401 (1) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to wit: Any person, firm, or corporation who shall violate the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than Three hundred dollars ($300.00) or to imprisonment not to exceed ninety (90) days, or both, for each offense. is herewith amended to read as follows: Any person, firm or corporation who shall violate the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than Seven hundred dollars ($700.00) or to imprisonment not to exceed ninety (90) days, or both, for each offense. Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. Regular Council Meeting May 22, 1989 page 2 First reading: May 22, 1989 The second reading of Ordinance No. 1186 is scheduled for June 12, 1989. Purchase of Check Signer and Forms Burster The Council authorized the Mayor and City Manager to enter into an agreement with F & E - Jerry Laden, to purchase a combination burster/check signer for $2,961.40 based on low written quotation. Adve.rti.sin~ a.t Top Val.u The Council authorized the Mayor and City Manager to enter into an agreement with the Twin Cities Reader for eight advertisements of liquor store mer- chandise and hours, at a cost not to exceed $3,440. Final Payment for Municlp~l. Pro~ect #8801 The Council authorized final payment of $1,206.31 to Concrete Curb Company for Municipal Project #8801. Award of 1989 Street Work The Council awarded the work for Projects 8808 and 8906 to Alber Construction, Inc. of Plymouth, Minnesota, based upon their low bid and also authorized the Mayor and City Manager to enter into a contract for the same. Schools and Conferences The Council authorized the attendance of the Director of Recreation and Community Services and the Assistant Director of Community Education at the 1989 Multi-State Community Education Conference to be held on June 11-13, 1989 in Brainerd and the Council also authorized that related expenses be reimbursed. Award of Bid - July 4th Celebration The Council awarded the contract for July 4th fireworks to Arrowhead Fireworks Company at a cost of $7,500 based on quantity and quality and also authorized the Mayor and City Manager to execute a contract for same. The Council authorized the Recreation and Community Services Commission to utilize up to $3,000 from Fund Balance for the July 4th Celebration and also requested the Commission to seek the School Board's approval for this action. The Council authorized that 39th Avenue between Jefferson and Fifth Streets be closed from 7:00 - i1:00 p.m. and that no parking be allowed on said street between the hours of 1:00 - ll:O0 p.m. and that Mill Street between 4Oth Avenue and the east driveway of the police parking lot be closed from l:O0 - 11:00 p.m.. Licenses The Council approved the 1989 license appli'cations as listed pending payment of proper fees. ?ayment of Bills The Council approved the payment of the bills as listed out of proper funds. Approval of the Consent Agenda Motion by Peterson, second by Carlson to approve the consent agenda items as presented. Roll call: All ayes Regular Councll Meeting May 22, 1989 page 3 5. Proclamations Mayor Hadtrath proclaimed the week of June 4 - June 10 as "Pride in Our Community Week." 5a. Plaque Presentation Councilmember Carlson presented an appreciation plaque to Donna Ingvarsson who is retiring from the Library Board. Mrs. Ingvarsson served on the Library Board for eighteen years. 5b. Open Mike The resident at 1711 41st Avenue advised the Council he is distressed with the high pile of dirt across from his home on the First Lutheran Church property. He noted it had been there for nearly two years, is insightly, and most likely will devalue his property if it is allowed to remain. He requested the Council to require the Church to level this dirt to street level. The Building Inspector stated he had recently visited with the Pastor of the Church at which time he was advised that the dirt will be moved in the very near future to another location on the property. It will be put into an excavation on the property. 6. Ordinances and Resolutions a. Second Reading of Ordinance No. 1185; Selling Certain Real Estate This ordinance addresses the sale of City-owned property located at 1309 44½ Avenue. The ordinance had a minor revision since its first reading that being the purchasing firm, KAL Construction, is a sole proprietorship and not a corporation as stated in the first reading of the ordinance. 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. 1185 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, SELLING CERTAIN REAL ESTATE AT 1309 44½ AVENUE N.E. The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights shall sell and convey unto Stephen Kolosky d/b/a/ KAL Construction, certain real estate located at 1309 44½ Avenue Northeast, Columbia Heights, Minnesota, and legally described as: That part of Lot 11, DONEROVING ADDITION, lying Southerly of following described line: Beginning at a point on West line of said plat 128.35 feet South of Northwest corner thereof; thence Easterly to a point on East line of said plat 122.35 feet South of Northeast corner thereof and there terminating except road subject to easements of re, cord, Anoka County, Minnesota. Section 2: The Mayor and City Manager are authorized to execute all documents necessary to effectuate said sale. Regular Council Meeting May 22, 1989 page 4 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: May 8, 1989 May 22, 1989 May 22, 1989 Offered by: Petkoff Seconded by: Peterson Roll call: All ayes Jo-Anne Student, Council Secretary Mayor Dale V. Hadtrath b. First Reading of Ordinance No. 1187; Being an Ordinance Amending Ordin- ance No. 853. 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. 1187 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO PERMITTED USES IN "RB" BUSINESS DISTRICTS The City of Columbia Heights does ordain: Section 1: Section 9.)13 (3) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which currently reads as follows, to wit: 9.113 (3) Permitted Accessory Uses Within the "RB" Business District the following uses shall be permitted accessory uses. (al Decorative landscape features. (bi Off-street parking and loading. (c) Any incidental repair or processing necessary to conduct a permitted principal use provided the area does not exceed thirty (30) percent of the floor area devoted to the principal use. (d) Signs as regulated by and to the extent permitted by Section 9.117A. (e) Buildings temporarily located for purposes of constructing on the premises for a period not to exceed time normally necessary for such construction. is herewith amended to read as follows: ~.!13 (3) Permitted Accessory Uses Regular Council Meeting May 22, 1989 page 5 Within the "RB" Business District the following uses shall be permitted accessory uses. (al Decorative landscape features. (bi Off-street parking and loading. (c) Any incidental repair or processing necessary to conduct a permitted principal use provided the area does not exceed thirty (30) percent of the floor area devoted to the principal use. (d) Signs as regulated by and to the extent permitted by Section 9.117A. (el (fi Buildings temporarily located for purposes of constructing on the premises for a period not to exceed time normally necessary for such construction. Light warehousing and laboratories incidental to processing of small medical devices provided that the aggregate of such area of warehousing, laboratories, and processing incidental or necessary to conduct a permitted use does not exceed fifty percent (50%} of the floor area devoted to the principal use. Section 2: This ordinance shall be in full force and effect from and after tt)irty (30) days after its passage. First reading: May 22, 1989 Motion by Peterson, second by Paulson to schedule a second hearing of Ordinance No. 1186 on July i0, 1989. Roll call: All ayes The Planning and Zoning Commission will hold a public hearing on this ordi.nance at their July 5th meeting. 7. Communications a. Appointments to Boards and Commissions Motion by Peterson, second by Carlson to appoint the following individuals to the indicated board/commission for the specified term: Emy Werkm~ister - Human Services Commission - Term expires April 1990 Edward Jones - Human Services Commisslon - Term expires April 1990 Lois Hendrickson - Human Services Commission - Term expires April 1991 Joanne Paulson - Human Services Commission - Term expires April 1992 Patricia Sowada - Library Board - Term expires April 1992. Roll call: All ayes Motion by Paulson, second by Petkoff to confirm the Mayor's reappolntment of Gary Paterson to the Housing and Redevelopment Authority. Roll call: All ayes Regular Council Meeting May 22, 1989 page 6 b. Appeal of Decision by Park Board The Columbia Heights Fire Department Ladies Auxiliary had requested the Park Board to have access to Murzyn Hall at 8:00 a.m. for its craft sale. The usual hour for access to Murzyn Hall is Noon. The Park Board recom- mended the access time be set for 10:00 a.m.. In a letter to the Mayor and Councilmembers the Auxiliary appealed the Park Board's decision. Discussion was had regar'ding the times the Hall could be ready for access by the Ladies Auxiliary. Motion by Carlson, second by Paulson to table this matter for additional information. Roll call: All ayes c. Park Board's Recommendation Regarding Silver Lake Beach The Council was advised that the Park Board voted not to close Silver Lake Beach for 1989. Councilmember Petkoff, who represents the Council on the Park Board, stated that this issue had been frequently discussed by both the Park Board and the Recreation Commission at various meetings. In light of these past discussions, she felt the staff were poorly pre- pared to respond to questions at the Park Board Public Hearing regarding Silver Lake Beach. She noted that there were no comparisons for the past few years' attendance nor were there any information regarding the condition of the beach building and the parking lot. Councilmember Petkoff felt much better preparation could have been made for the staff's presentations at the Public Hearing. The Public Works Director advised he would prepare a report on the building. 8. Old Business a. Saver's Retail Store Motion by Petkoff, second by Peterson to grant a limited waiver to Section 4, 5.204(3) of the second-hand merchant license ordinance for Saver's Retail Store, owned and operated by TVI, Inc. and that the store must maintain a record of purchases by major supplier; and the City Council hereby grants an exception to the remainder of the requirements as stipu- lated in Section 4, 5.204(3) of the City Code. Roll call: All ayes b. Wargo Court Improvement Project The City Manager reviewed the status of the project at this point in time. Presently, the funds for this project are $30,000 from a developer adjacent to the park and $20,000 which had been budgeted by the City for the improve- ments. A letter of agreement was received from Mrs. Edith Wargo stating she will provide $20,000 for the purchase and installation of a new fountain in Wargo Court Park. Councilmember Petkoff felt that Mrs. Wargo's gracious donation was given in good faith and that the City should proceed with the project. She noted that if civic organizations contributed any of the additional funds it would be very appreciated. The City Manager expressed some concern with some of the wording in the letter of agreement; specifically, those addressing perpetuity. He recommended this should be clarified. Councilmember Peterson inquired if a plaque identifying any donating organi- zations could be incorporated into the project. It was determined that a plaque could be included in the project but it should be discussed with Mrs. Wargo. Motion by Petkoff, second by Peterson that we generously accept Mrs. Wargo's donation and that the City underwrite the remainder so that the remainder of the project can continue and that it is hoped that underwriting the project some of the civic organizations would be willing to help support the under- taking so that we can go ahead with the project. Roll call: Ali ayes Regular Council Meeting May 22, 1989 page 7 Motion by Petkoff, second by Paterson that the Mayor and City Manager be authorized to execute the letter of agreement with Mrs. Edith Wargo for donation to the Wargo Court improvements; however, subject to a revision of the wording in the letter wich does not have the agreement exist in perpetuity; and to clarify the plaque issue. Roll call: All ayes c. Governmental Finance Officers Association Conference Previously, the Council had authorized the attendance of the Finance Director and the City Accountant at the GFOA Conference. The City Manager advised that because of their work loads they were unable to attend the Conference. The Finance Director requested the Council to approve the attendance of the Accounting Coordinator. Councilmember Petkoff questioned if his work load would permit his attending and if the conference would be germaine to his work responsibilities. Motion by Paulson, second by Peterson to authorize the attendance of Gary Aspen, Accounting Coordinator, at the Governmental Finance Officers Association Annual Conference in Seattle, Washington from June 3 to June 7, 1989. Roll call: Paulson, Peterson, Hadtrath - aye Petkoff, Carlson - nay 9. New Business a. Establish Dates for Budget Meetings Motion by Paulson, second by Hadtrath to establish the following budget meetings: Library Board, Monday, June 5, 1989, 8:00 p.m., Public Library; Park Board, Monday, June 19, 1989, 8:00 p.m., Council Chambers; Recreation and Community Services Commission, Monday, July 17, 1989, 8:00 p.m., Council Chambers. Roll call: All ayes b. Ratify Action of City Manager Regarding 1989 Weed Cutting Contract Motion by Peterson, second by Carlson to ratify the action of the City Manager authorizing the 1989 weed cutting contract with Gene Hreha of Columbia Heights, Minnesota, based upon his Iow, formal proposal of $25.00 an hour; and furthermore, to authorize the Mayor and City Manager to enter into a contract for same. Roll call: All ayes c. Authorize Agreement for Labor Negotiation Services Motion by Carlson, second by Peterson to authorize the Mayor and City Manager to execute a Letter of Agreement with the law firm of Steffen and Munstenteiger for labor negotiation services involving the Public Managers Association. Roll call: Paulson, Carlson, Paterson, Hadtrath - aye Petkoff - nay d. Tax Forfeit Parcel Motion by Peterson, second by Paulson to authorize the City Manager to submit a letter to the County Board indicating the City's desire to acquire the parcel identified as PIN #25-30-24-32-0060; and furthermore, that an application be submitted to the County Board to withhold this parcel from the sale of forefeit land; and, that the City Manager submit a letter to the County Board requesting conveyance of this parcel to the City of Columbia Heights for public use purpose. Roll call: All ayes 10. Reports Regular Council Meeting May 22, 1989 page 8 a. Report of the City Manager The City Manager's report was submitted in written form and the following items were discussed: 1. Silver Lake Water Quality: The Public Works Director advised, by memo, his concerns with any study which may be done regarding the water quality of Silver Lake. He noted that it would be advantageous to discuss this matter with the St. Anthony City Council. 2. Schedule for Water Distribution Study: A Council work session was set for July 18th to discuss this study. 3. Insurance Reserves: The Council was advised that the matter of insurance reserves should be discussed directly with the City Attorney. 4. Retirement of Soo Line Trackage: The HRA Director advised the City Attorney that he has received authorization from the HRA Commissioners to proceed with petitioning the Soo Line Railroad for the retirement of their trackage in the City. 5. Library Roof Problems: The current status of the Library roof was discussed. It was noted that the roofing firm also put the new roof on the Service Center and there are problems still being experienced with that roof. Payment is being withheld for this project. 6. Purchase of Sod on City Contract: Councilmember Paulson inquired if arrangements have been completed for residents to purchase sod through the City. The Public Works Director advised information will be ready at the next Council meeting regarding this matter. 7. Completion of 41st Avenue Project: Councilmember Carlson inquired when the remainder of the 41st Avenue construction project would be completed. The Public Works Director advised that the sodding and remaining landscaping, as well as street repair at the watermain break site were being worked on this week. b. Report of the City Attorney The City Attorney had nothing to report at this time. Adjournment Motion by Paulson, second by Peterson to adjourn the meeting at 9:40 p.m. Roll call: All ayes Anne Student, Council Secretary Mayor Dale V. Hadtrath