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HomeMy WebLinkAboutApril 10, 1989OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING APRIL 10, 1989 Mayor Hadtrath called the meeting to order at 7:30 p.m.. 1. Roll Call Petkoff, Carlson, Peterson, Hadtrath - present Paul son - absent 2. 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 March 27th, the Board of Trustees - Volunteer Relief Association of March 27th, and the Special Council Meeting of April 6th as presented in writing and there were no corrections. Resolution No. 89-19; Labor Agreement - City and AFSCME The reading of the resolution was waived. RESOLUTION NO. 89-19 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, COUNCIL NO. 14, LOCAL NO. 495 WHEREAS, negotiations have proceeded between the American Federation of State, County and Municipal Employees, Council No. 14, Local No. 495, representing clerical and technical employees of the City and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar year 1989; WHEREAS, a copy of said contract is available for inspection at the Office of the City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement as negotiated be and is hereby established as the salary and fringe benefit program for calendar year 1989, for AFSCME bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this lOth day of April, 1989. Offered by: Petkoff Seconded by: Peterson Roll call: All ayes Mayor Dale V. Hadtrath Jo-Anne Student, Council Secretary Resolution Adopting 1989 Salary and Frln~e Benefit Adjustments for Non-Union Essential and Confidential Employees The Mayor requested this item be removed from the agenda and be put on the agenda for the next Council work session. Reguimr Council Meeting April 10, 1989 page 2 Resolution No. 89-20; Adopting 1989 Salary and Fringe Benefit Adjustments for Non-Union Supervisory Employees TEe reading of the resolution was Waived. RESOLUTION NO. 89-20 ADOPTING CHANGES IN NON-UNION SUPERVISORY SALARY RANGES, ESTABLISHING SALARIES FOR NON-UNIONIZED SUPERVISORY POSITIONS, AND CHANGES IN FRINGE BENEFITS WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for Non-Unionized City Employees effective January 1, 1980 (Resolution No. 80-47), which indicated that on an annual basis changes will be adopted in Group Salary Ranges based upon reliable survey data; and, WHEREAS, the City of Columbia Heights adopted a Comparable Worth Implementation Plan effective January 1, 1988 (Resolution No. 88-50), to assure comparable compensation for positions with comparable skill, effort, responsibilities, and working conditions, and proportional compensation for positions where such factors are different; and, WHEREAS, the City of Columbia Heights annually reviews the Employer's share for various insurance programs for its non-unionized supervisory employees to compare what is paid for other employee groups in the City; NOW, THEREFORE, BE IT RESOLVED that the City of Columbia Heights establishes salary ranges and fringe benefits for non-unionized supervisory City positions, as indicated on Schedule A which is on file in the Office of the City Manager, effective January 1, 1989; and, BE IT FURTHER RESOLVED that the City of Columbia Heights establishes the salary for specific non-unionized supervisory City employee positions to be effective upon such affected City employees fulfilling the requirements specified in the Wage Compensation Program for a salary change for such employee. Passed this 10th day of April, 1989. Offered by: Petkoff Seconded by: Peterson Roll call: All ayes Jo-Anne Student, Council Secretary Mayor Dale V. Hadtrath Resolution No. 89-21; Being a Resolution Establishing Senior Citizens or Retired and Disabled Persons Hardship Special Assessment Deferral ~rhe reading of the resolution was waived. RESOLUTION NO. 89-21 BEING A RESOLUTION ESTABLISHING SENIOR CITIZENS OR RETIRED AND DISABLED PERSONS HARDSHIP SPECIAL ASSESSMENT DEFERRAL WHEREAS, immediate payment of special assessments or installments on special assessments cast an undue hardship on some persons Owning homestead properties Re§ul~r Council M~ting April lO, 1989 page 3 who are 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments, and WHEREAS, Minnesota Statutes 435.193 - 435.195 makes it possible for a home rule charter city to pass a resolution establishing standards and guidelines for determining the existence of a hardship and for determining the existence of a disability. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS: l. This deferral procedure shall apply only to assessments which are payable in five of more annual installments. o This deferral procedure shall apply only to property owned and occupied by the elderly, retired, or disabled applicant. Ownership and occupancy must be of the same nature as would qualify the applicant for a homestead exemption for tax purposes. This deferral procedure shall apply only to homestead property owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments. Permanent and total disability shall have the same definition for purposes of assessment deferral as is used for social security purposes. This deferral procedure shall not be construed as to prohibit the determination of hardship on the basis of exceptional and unusual circumstances not covered by the standards and guidelines herein so long as determination is made in a nondiscriminatory manner and does not give the applicant an unreasonable preference or advantage over other applicants. o In order to obtain a deferral of an assessment, the homeowner must make application on the forms prescribed by the Anoka County Auditor. If no such form is available, the City Assessor of Columbia Heights shall pre- scribe the appropriate form. In granting a deferred assessment, the Council shall determine in its resolution approving the assessment roll the amount of interest, if any, to be charged on the deferred assessment. The option of the homeowner to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due and payable upon the occurrence of any of the following events: a. the death of the owner, provided that the spouse is not otherwise eligible for benefits hereunder; b. the sale, transfer or subdivision of the property or any part thereof; c. if the property should for any reason lose its homestead status; or d. if for any reason the City shall determine that there would be no hardship to require immediate or partial payment. 8. No deferral may be granted unless the homeowner makes application to Regular Council Meeting April 10, 1989 page 4 10. 11. 12. the City Assessor within thirty (30) days after adoption of the assess- ment by the Council. 13. The deferral shall apply to only 50% of the annual installment payment. if the 50% is not paid in a timely manner, the balance of the annual installment along with all future installments shall become immediately due and payable. ~o deferral shall be granted to any owner who has a gross annual income from all sources in excess of $11,300. No deferral may be continued from year to year unless the owner shall file a renewal application before September 15th of each year. No special assessment may be deferred for a period longer than the time set by the Council as the time over which the project is to be assessed. Interest on deferred assessments shall be at a rate set by the Council in its resolution adopting the assessment roll, and such interest shall be added to the amount deferred and shall be paid in accordance with Minnesota Statute 435.195 and this Resolution Passed this lOth day of April, 1989. Offered by: Petkoff Seconded by: Peterson Roll call: All ayes Mayor Dale V. Hadtrath Jo-Anne Student, Council Secretary CERTIFICATION I hereby certify that the above is a true and correct copy of a resolution adopted by the City Council of the City of Columbia Heights on the 10th day of April, 1989. William J. Elrite, City Clerk Planning and Zonin~ Commission Conditional Use Permit The Council approved a Conditional Use Permit for a 24 seat restaurant at 4045 Central Avenue for Walter Perry. Conditional Use Permit The Council approved a Conditional Use Permit for a home occupation to operate a dog grooming business at 3856 Johnson Street for Sue and Mike Gilmour. Permission to Advertise The Council approved the temporary signage for the grand opening of Sunny- side Center located at 5001 University Avenue subject to a $100 deposit being submitted and all temporary signage must be removed by May 1, 1989. Regular Council Meeting April 10, 1989 page 5 Variance on Driveway Width The Council approved the variance for Independent School District #13 under Section 9.104(6)(C)(ii) of the City Code allowing a 25 foot wide driveway, located on the west side of the High School between the High School and the football field on 49th Avenue. Award of Miscellaneous Concrete Repairs Project The Council awarded the bid for Municipal Project No. 8900 to Gunderson Brothers of Minneapolis for their low formal bid of $17,300.25 and also authorized the Mayor and City Manager to enter into a contract for same. Drinkin9 Fountains The Council authorized the purchase of three M-53 Murdock wall mount handicap fountains (antifreeze) drinking fountains from Minnesota Playgrounds, Inc. of Golden Valley for a total amount of $1,754.64 and also authorized the Mayor and City Manager to enter into an agreement for same. The Council recognized the purchase to be a proprietary item. Authorization for Well Inspection The Council authorized the inspection of the LaBelle well by E.H. Renner & Sons, Inc. based on their low quotation of $880 and further authorized the Public Works Director/City Engineer to proceed with maintenance or repairs found necessary in his judgement, not exceeding the budgeted amount of $6,000 total and also authorized the Mayor and City Manager to enter into an agreement for the same. Authorization to Attend Training The Council authorized the attendance of Officer Byron Fuerst at the Field Sobriety Standardized Procedures Training on April 12 - 13, 1989 and also authorized that expenses be paid from the Police Department training budget. The Council authorized the attendance of Officer Mark Hickey at the Smith and Wesson Armorer Training Class in Brooklyn Park on May 15 - 19, 1989 and also authorized that expenses be paid from the Police Department training budget. Award of Water Utility System Analysis and Study The Council awarded an engineering contract for the study of the City's water distribution system as required in the City's RFP to Bonestroo, Rosene, Anderlik & Associates for an amount not to exceed $16,420, and also authorized the Mayor and City Manager to enter into an agreement for the same. Licenses The Council approved the license applications as listed upon payment of proper fees. Payment of Bills The Council authorized the payment of bills as listed out of proper funds. 4. Approval of Consent Agenda Motion by Petkoff, second by Peterson to approve the consent agenda as presented. Roll call: Alt ayes Regular Council Meeting April lO, 1989 page 6 5. Ope~ Mike Two residents from the 51st Avenue and 7th Street area submitted a petition signed by fourteen area residents requesting that the State Aid designation on 7th Street, between 51st and 53rd Avenues, remain. It was felt by the residents that they had not been advised of all of the options for having this designation remain on 7th Street. Some of the options were discussed. This matter will be on the April 18th Council work session agenda. The resident at 4400 Stinson Boulevard spoke against the closing of Silver Lake Beach. He felt the most recent summer was too hot for many people to use the beach, but generally felt it was used a great deal when the weather was less hot. He also noted that the water quality, in his opinion, is adversely affected by the runoff from the City of St. Anthony more than any other factor. It was noted that the Park Board will be holding a public hearing regarding the closing of Silver Lake Beach. Notices of this public hearing will appear in the two local newspapers and on cable television local access channels. 6. Public Hearing Removal of Geese from Silver Lake Beach - DNR Goose Control Program Dr. James Cooper, of the University of Minnesota Department of Fisheries and Wildlife explained the strat'egy and the program for removal of geese from a particular location. He noted that past programs have realized a 85 to 90% reduction rate of the goose population in a specific area. The annual cost for the three year program is approximately $1,O00. Motion by Peterson, second by Petkoff to authorize the removal of geese from Silver Lake Beach in conjunction with the DNR's Goose Control Program; such level of reduction to be determined by authorized representatives of the City of Columbia Heights, City of St. Anthony, and Silver Lake Residents' Association, based on recommendations of Dr. James Cooper of the University of Minnesota, Department of Fisheries and Wildlife; and furthermore, that the Mayor and City Manager be authorized to enter 'into whatever agreement would be necessary to achieve the intent of the motion. Roll call: All ayes 6a. Ordinances and Resolutions a. Second Reading of Ordinance No. 1182; Being an Ordinance Amending Ordinance No. 853, City Code of 1977, Allowing Veterinary Clinics in Retail Business Districts as a Conditional Use Counc|lmember Petkoff was opposed to changing the City Code just to allow a certain type of business, noting that there is a similar type of business such as this one in the adjacent area. Councilmember Peterson felt there should be more enforcement authority in the ordinance and a narrower scope as to what type of animal could be serviced. The City Attorney was requested to rewrite the ordinance. It was addressed later in the meeting. b. Second Reading of Ordinance No. 1183; Being an Ordinance Amending Ordinance No. 853, City Code of 1977, Allowing Prepared Food Delivery Establishments in the Central Business District as a Conditional Use This reading was tabled as the publication requirements for the ordinance had not been met. 7. Communications a. Conditional Use Permit - Crestview/Boulevard Apartments - Retail Sales Re9ular Council Meeting April lO, 1989 page 7 Motion by Peterson, second by Carlson to approve a Conditional Use Permit to allow retail sales (grocery sales) within the Boulevard Apartments located at 4458 Reservoir Boulevard; provided, however, that appropriate state and ]ocal business licenses are obtained and maintained. Roll call: All ayes b. Appeal of Denial - Lotsplits - Steve Jonak, 533 37th Avenue The Building Inspector advised that Mr. Jonak did not indicate that he intended to appeal the denial of the Planning and Zoning Commission. Mr. Jonak was not present at the Council Meeting. Motion by Carlson, second by Petkoff to deny the lotsplits requested at 533 37th Avenue as recommended by the Planning and Zoning Commission. Roll call: All ayes d. Traffic Commission Minutes of the Traffic Commission's April 3, 1989 were received by the Council for informational purposes of~ly. The Public Works Director referred the Council to an item in the minutes of the Traffic Commission, that being, a recommendation for future Council action for the placement of sidewalks adjacent to State Aid Streets. He noted that State Aid funds pays for sidewalks adjacent to State Aid Streets. The Public Works Director had met with representatives of Hennepin County and the City ~ St. Anthony regarding the installation of signals on Stinson Boulevard between 37th Avenue and Silver Lake Road. At the meeting, he had requested that signalization further north on Stinson Boulevard be included in the project. He did not know at this point in time if this area would be included in the project. 8. Old Business a. Staff Report Regarding Federal Emergency Management Flood Plain Designations and Flood Insurance Motion by Hadtrath, second by Carlson to authorize the City Manager to officially request the Federal Emergency Management Agency to review and reevaluate whether the Flood Plain area in the Jackson Pond vicinity is correct; and furthermore, to determine whether the flood elevations were correctly established and/or have changed since the initial flood evaluation. Roll call: All ayes At this point in time no charges or fees have been indicated for this reviewal. b. Correction of Minutes Ordinance No. 1183 had been omitted from the Minutes of the Regular Council Meeting of March 13, 1989. Motion by Petkoff, second by Peterson to amend the March 13, 1989 Regular Council Meeting to include Ordinance No. 1183. Roll call: All ayes 9. New Business a. Change in Police Department Staffing Motion by Hadtrath, second by Peterson to table this matter and request the Police Chief to attend the next Council work session to discuss the item. Roll call: All ayes I~egular CouncfI Meeting April I0, 1989 page 8 b. Authorize Execution of an Agreement for Construction Management Services Motion by Peterson, second by Carlson to authorize the Mayor and City Manager to execute an agreement with Nedegaard Construction, Inc. for construction management services at a fee not to exceed 5% of the total construction contract. Roll call: All ayes c. Direct the Park Board to Conduct a Public Hearing Regarding the Closing of Silver Lake Beach Motion by Petkoff, second by Hadtrath to direct the Columbia Heights Park Board to conduct a Public Hearing regarding the closing of the Silver Lake Beach area; and furthermore, that the Public Hearing be held prior to the City Council's second meeting in May so that a report may be furnished to the Council at that time. Roll call: All ayes d. Establish Work Session Council work sessions were scheduled for April 13th at 8:00 p.m. and April 18th at 7:30 p.m.. e. Second Reading of Ordinance No. 1182; Allowing Veterinary Clinics The City Attorney completed additional language for the ordinance as requested by the City Council. Motion by Carlson, second by Peterson to waive the rending of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 1182 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, ALLOWING VETERINARY CLINICS IN RETAIL BUSINESS DISTRICTS AS A CONDITIONAL USE The City of Columbia Heights does ordain: Section 1: Section 9.113(2)(1) 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: 9.113(2)(!) Outpatient veterinary rabbit, domestic cat, and/or dog spay or animal neutering clinics. Section 2: 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: March 13, 1989 April 10, 1989 April lO, 1989 Offered by: Carlson Seconded by: Peterson Roll call: All ayes Mayor Dale V. Hadtrath Jo~Anne Student, Council Secretary Regul;r Council Meeting April 10, 1989 page 9 10. Reports a. Report of the City Manager The City Manager's report was submitted in written form and the following items were discussed: Preliminary Design for Light Rail Transit: A Preliminary Design Technical Advisory Committee is being formed. The City Manager and the Public Works Director will represent the City on this committee. Councilmember Petkoff requested being advised when the committee would be meeting as she would like to attend some of the meetings. 2. Purchase of Land O' Lakes Building: Medtronics Corporation closed on the purchase of the Land O' Lakes building and it is expected they will be moving into the facility in the next couple of months. b. Report of the City Attorney The City Attorney had nothing to report at this time. Adjournment Motion by Peterson, second by Carlson to adjourn the meeting at 9:50 p.m.. Roll call: All ayes RECEIVED AT THE APRIL 10, 1989 COUNCIL MEETING PETITION R~IJESTING THAT THE STATI~ AID DI::~IGNATION KEMAIN ON 7th Street N.E. from 51st Avenue to 53rd Avenue To: CITY OF COLUMBIA HEIGHTS 590 40th AVE. N.E. Columbia Heights, MN 55421-3878 April 10, 1989 We the undersign, the Residents of 7th Street N.E. from 51st Avenue to 53rd Avenue, request the City Council to reinstate the state aid designation on 7th Street. Whether 7th Street remains a state aid road or not, it will continue to have heavy traffic using it. The street will deteriorate much faster and the residents of 7th Street will be faced with the road maintenance expense. Since the road surface on 7th Street is starting to show wear, it will eventually be on the Cities agenda for road improvement. We the residents of 7th Street understand that the only option that may be available to us is the one that would prohibit on-street parking on both sides on 7th Street. With this option 7th Street. would not need to be widen in order to meet the state aid road requirements. NAME ADDRESS PHONE # RECEIVED AT THE APRIL 10, 1989 COUNCIL MTG. PETITION REQUESTING THAT THE STATE AID DESIGNATION REMAIN ON 7th Street N.E. from Mst Avenue to 53rd Avenue To: CITY OF COLUMBIA HEIGHTS 590 40th AVE. N.E. Columbia Heights, MN 55421-3878 April 10, 1989 We the undersign, the Residents of 7th Street N.E. from 51st Avenue to S3rd Avenue, request the City Council to reinstate the state aid designation on 7th Street. Whether 7th Street remains a state aid road or not, it will continue to have heavy traffic using it. The street will deteriorate much faster and the residents of 7th Street will be faced with the road maintenance expense. Since the road surface on 7th Street is starting to show wear, it will eventually be on the Cities agenda for road improvement. We the residents of 7th Street understand that the only option that may be available to us is the one that would prohibit on-street parking on both sides on 7th Street. With this option 7th Street. would not need to be widen in order to meet the state aid road requirements. NAME ADDRESS PHONE _5'72. -?