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HomeMy WebLinkAboutMarch 13, 1989OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING MARCH 13, 1989 The meeting was called to order by Mayor Hadtrath at 7:30 p.m.. 1. Roll Call Paulson, Petkoff, Peterson, Carlson, Hadtrath - present 2. Pledge of Allegiance 3. Consent A~enda The following Items'were on the consent agenda: Minutes of Previous Meetings The Council approved the minutes of the Regular City Council Meeting of February 27th and the Public Improvement Hearing of March 6th as pre- sented and there were no corrections. First Reading of Ordinance No. 1181; Being an Ordinance Amendin~ Ordinance No. 853, City Code of 1977.5 Pertalnln9 to Solld Waste The Council walved the first reading of Ordinance No. 1181 and the second reading and public hearing will be held on March 27, 1989. ORDINANCE NO. 1181 BEING AN OROINANCE AME~OING ORDINANCE NO. 853, CiTY CODE OF 1977, PERTAINING TO SOLID WASTE The City of Columbia Heights does ordain: SECTION 1: Section 8.301(1) to 8.301(9), inclusive, of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which currently reads as follows, to wit: Chapter 8 PUBLIC HEALTH AJtD SAFTE¥ Article III Garbage and Rubbish Section I: Storage Containers 8.301(i) Every person who owns or occupies property within the City for business, commercial, industrial or residential purposes shall dispose of all garbage and rubbish, as defined herein, which may accumulate upon such property at least once a week. For the purpose of this Code: (a) garbage shall be defined as organic refuse resulting from the preparation of'food and decayed and spoiled food from any source. (b) rubbish shall refer to all inorganic refuse resultlng from the preparation of food and decayed and spoiled food from any source. 8.3Oi(2) Every person responsible under this section, except as other- wise provided below, for the disposal of rubbish, and garbage Regular Council Meeting March 13, 198~ page 2 shall provide for the storage of such matter between periods of collection, one or more fly-tight metal or thermoplastic garbage containers or up to thirty-two (32) gallon or seventy- five (75) pound capacity. The containers shall be tightly covered to prevent exposure of the contents to potential fly or vermin, infestations, and shall be provided with handles for ease of llfting. 8.301 (3) Notwithstanding the provisions of 8.301(2), persons responsible under this section for the disposal of rubbish or garbage at all apartment structures containing three (3) or more units, and at each-commercial and Industrial establishment, or restaurant necessitating the storage and disposal of garbage and rubbish, shall utilize a vat service In lieu of the above requirements. Such vats shall be designed wlth the proper attachments for lifting onto refuse trucks. 8.301 (4) All accumulations of garbage and rubbish must be deposited and-contained within the containers as provided in this section, except that: (a) tree limbs with diameters of less than four inches (4") and lengths of less than four feet (4') tied into bundles, said bundles not exceeding eighteen inches (18") in diameter; (b) leaves, grass or rubbish in water-proof containers (no larger than permitted 30 gallon 9arbage can liner size), not exceeding thirty-five pounds (35 lbs.) in weight; (c) bundles of newspapers and magazines tied securely and weighing less than thirty-five pounds (35 lbs.); (d) Christmas trees up to six feet (6') in length (during January); (e) small household items including small appllances, tools, and articles of furniture weighing less than thirty-five pounds (35 lbs.), and (f) stone, -sod, earth, concrete, and buildlng materlals resulting from repairs and minor remodeling of the residence on the property at which these materials have been placed along with carpeting, carpet padding, mat- tresses, chairs, couches, tables and other such items of furniture; shall be placed on pick-up day next to the garbage cans where alley pick-up is available or at the curb line in areas where no alleys exist. 8.301 (5) Where alleys are platted and open for traffic, garbage cans shall be placed at toe rear of said property adjoining the alley. Where no alley exists, garbage cans will be kept at or near the back door, provided, however, that where the back door Is not reasonably accessible from the front yard, the Regular Council Meeting March 13, 1989 page 3 container shall be placed at a point adjacent to the house which is reasonably accessible to the front of the house. 8.301 (6) Refuse or garbage for commercial and industrial properties shall be located to the rear property line of the bulldlng. Said containers shall be located Immediately adjacent to the bulldings which the containers serve. The location of the containers shall be in such proximity to the pro- perty so that their appearance will not be evident from the street. (al (bi Where practical, said containers shall be screened by appropriate fencing and/or shrubbery. Where it is physically impossible to place the containers behind the rear line of the maln building, the containers shall be placed as the Council may require. 8.301 (7) The presence of any garbage or rubbish on any property other than within a structure permitted by the Zoning Code within the City or in any container other than that authorized by this section or in the presence of containers not conformed with the requirements of thls section, except as specifically authorized by this section, shall constitute an offense pun- ishable under Section 8.301 (8) Every householder and every occupant or owner of any dwelling, house, boarding house, apartment building, or other structure utilized for dwelling purposes within the City must use the garbage and rubbish collection service as is made available by contract by the City of Columbia Heights and its desig- nated garbage and rubbish hauler. 8. 301 (9) Any person, firm, or corporation who causes any violation of any provision of this section or who owns, maintains, or has a superior possessory interest In any real estate where violations of the provisions of this section exist is guilty of a mid- demeanor 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. Shall hereafter read as follows, to wlt: Chapter 8 PUBLIC HEALTH AND SAFTEY Article III GARBAGE, RUBBISH AND RECYCLABLE MATERIAL Section'1.: Storage Containers 8.301 (1) Every person who owns or occupies within the City for business, commercial, industrial or residential purposes shall dispose of all garbage, rubbish and recyclable material as defined herein, which may accumulate upon such property at least once 'a week. Regular Council Meeting March 13, 1989 page 4 8.30] (2) 8.30](3) 8.301 (q) For purposes of this code: (a) "Garbage'~ shall be defined as organic refuse resulting from the preparation of food and decayed add spoiled food from any source. (b) ~"Rubblsh~' shall refer to all Inorganic refuse matter such as tin cans, glass, paper, ashes, etc.. (c) "Recyclable Materials~' shall mean all items of refuse designated by the City Manager to be a part of an auth- orized recycling program and which are intended for trans- portation, processing and remanufacturlng or reuse. Every person responsible under this section, except as otherwise provided below, for the disposal of rubbish and garbage shall provide for the storage of such matter between periods of col- lectlon, one or more fly-.tight metal or thermoplastic garbage containers of up to thirty-two (32) gallon or seventy-five (75) pound capacity. The containers shall be tightly covered to prevent exposure of the contents to potential fly or vermln Infestation and shall be provided with handles for ease of lifting. One authorized thermoplastic recycllng container for the col- lection and storage of recyclable material shall be distributed to each unit in residential buildings of eleven (11) or fewer units. The authorized recycling container is the property of the City. No person, firm or corporation, unless authorized by the City Manager, may remove a recycling container from the premises on which the unit is located. Notwithstanding the provision of 8.301(2), persons responsible under this section for the disposal of rubbish or garbage at all apartment structures containing three (3) or more units, and at each commercial and industrlal establishment or restaurant necessitating the storage and disposal of garbage and rubbish shall utilize a vat service in lieu of the above requirements. Such vats shall' be designed with the proper attachments for lifting onto refuse trucks. All accumulations of garbage and rubbish must be deposited and contained within the containers as provided in this section, except that: (a) tree limbs with diameters of less than four Inches (q") and lengths of less than four feet (~') tied Into bundles, said bundles not exceeding eighteen Inches (18~") In diameter; (b) leaves, grass or rubbish in water-proof containers (no larger than permitted 30 gallon garbage can liner size), not exceeding thirty-five (35) pounds in weight; (c) bundles of newspapers and magazines tied securely and weighing less than thirty-five pounds (35 pounds); Regular Council Meeting March 13, 1989 page 5 (d) Christmas trees up to six feet (6') in length (during January); (el small household items including small appliances, tools, and articles of furniture weighing less than thirty-five pounds (35 pounds); (fl stone,, sod, earth, concrete, and building materials resulting from repairs and minor remodeling of the residence on the property at which these materials have been placed along with carpeting, carpet padding, mattresses,, chairs, couches, tables an~ other such items of furniture. shall be placed on pick-up day next to the garbage cans where alley pick-up Is available or at the curb line In areas where no alleys exist. 8.301 (5) Where alleys are platted and open for traffic, garbage cans shall be placed at the rear of said property adjoining the alley. Where no alleys exist, garbage cans will be kept at or near the back door; provided however, that where the back door is not reasonably accessible from the front yard, the container shall be placed at a point adjacent to the house which is reasonably accessible to the front of the house. Ail authorized City recycling containers shall be placed at the curb llne on pick-up day regardless of existing alleys. 8.301(6) Refuse or garbage for commercial and industrial properties shall be located to the rear property line of the building. Said containers shall be located immediately adjacent to the buildings which the containers serve. The location of the containers shall be in such proximity to the property that their appearance will not be evident from the street. (al Where practical, said containers shall be screened by appropriate fencing and/or shrubbery. (bi Where it i.s physically impossible to place the containers behind the rear line of the main building, the containers shall be placed as Inconspicuously as possible along the side or front of the building with appropriate screening or in such place as the Council may require. 8.301 (7) The presence of any garbage or rubbish on any property other than within a structure permitted by the Zonlng Code within the City or In any container other than a container authorized by this section or In the presence of containers not conforming with the requirements of this section, except as specifically authorized by this section, shall constitute a public nuisance under this section and shal) constitute an offense punishable under Section 8.301(9). 8.3Ol (8) Every household and.every occupant or owner of any dwelling, house, boarding house, apartment building, or other structure utillzed for dwelllng purposes within the Clty must use the Regular Council Meeting March 13, 1989 page 6 8.301(9) SECT I ON 2: SECT I ON V 5.605(1) 5.605 (2) 5.605(3) 605 (4) garbage and rubbish collection service as is made available by contract by the City of Columbia Heights and its designated garbage and rubbish hauler. Any person, firm or corporation who causes any violation of any provision of this section or who owns, maintains, or has a superior possessory interest in any estate where violations of the provisions of this section exist is guilty of a mid- demeanor 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 5.605 (1) to 5.605(7), inclusive, of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to wit: GARBAGE COLLECTION No person shall engage in or conduct the business of collecting garbage or rubbish without a license issued pursuant to the provisions of this chapter. For purposes of this section, the below-named words shall have the meaning ascribed to them. (a) "Garbage" shall mean organic refuse resulting from the storage or preparation of food and decayed or spoiled food from any source. (b) "Rubbish" shall mean all inorganic refuse, such as, but not limited to, tin cans, glass, paper and ashes. Application for a llcense under this section shall include a statement describing all equipment and vehicles to be used in the course of business together with any identifying license or serial numbers. The application shall further indicate the place or places where the garbage and rubbish will be disposed of. After a license application is approved by the Council, the appllcant shall present proof to the Clerk of Insurance on each vehicle with an insurance company licensed to transact business in this state. The limits of such POlicY shall be One Hundred Thousand Dollars for bodily injuries to or death of one person, and Two Hundred Thousand Dollars for any one accident resulting in injuries and/or death to more than one person, and a total of Ten Thousand Dollars liability for damages to property of others arising out of any one accident. The applicant shall also present proof t.o the Clerk of Contractor's publlc liability insurance with an insurance company licensed to transact business in this state. The limits of such policy shall be Twenty Thousand for any one person, Forty Thousand for any one accident~ property damage of Five Thousand, and with a maximum total liability of Fifty Thousand. Regular Council Meeting March 13, 1989 page 7 5.605(5) 5.605(6) 5.605(7) 5.605(1) 5.605(2) Licensees shall provide a covered receptacle for the storage of collected refuse. The receptacle shall be constructed so that the stored contents wlll not leak or spl11 therefrom. The receptacle shall be kept as clean and as free from offensive odors as possible. Licensees under this section shall be required to make all collections between the hours of 6:00 a.m. and 10:00 p.m. and shall make collections in a manner that will minimize traffic disruption. Each licensee shall.comply with all ordinances of the City and with any regulations promulgated by the Health Authority estab- lishlng standards of health and sanitation In the City. The licensee under this section, or any employee thereof, shall issue a notice to all customers and users of the licensee's services whenever garbage and rubbish removal is not effected in accordance with the terms of the contract between the City and the licensee. Such notice shall indicate the reason for failure to collect the garbage and rubbish, and a copy of said notice shall be filed with the Clerk. Shall hereafter read as follows, to wit: No person shall engage in or conduct the business of collecting garbage, rubbish or recyclable materials without a license issued pursuant to the provision of this chapter. For the purposes of this section, the below-named words shall have the meaning ascribed to them. (al "Garbage" shall mean organic refuse resulting from the storage or preparation of food and decayed or spoiled food from any source. (bi "Rubbish" shall mean all inorganic refuse, such as, but not limited to, tin cans, glass, paper and ashes. (c) "Authorized Recycling Program" shall mean a program for the collection and recycling of recyclable materials which are Instituted, sponsored, authorized or controlled by the City. (d) "Recyclable Materials" shall mean all Items of garbage and rubbish designated by the City Manager robe a part of an authorized recycling program and which are Intended for trans- portation, processing and remanufacturing or reuse. (e) "Scavenging" shall mean the unauthorized collection of recyclable materials that have been set out by residents of the City specifically for participating in curbslde recycling programs. Regular Council Meeting March 13, 1989 page 8 5.605(3) Application for a license under this section shall include a statement describing all equipment and vehicles to be used in the course of business together with any identifying license or serial numbers. The application shall further indicate the disposition site for the garbage, rubbish and recyclable materials. 5.605(4) After the license application is approved by the Council, the applicant shall present proof to the Clerk of insurance on each vehicle with an insurance company licensed to transact business in this state. The limits of such policy shall be Two Hundred Thousand dollars ($200,000) for bodily injuries to or death of one person, and Six Hundred Thousand dollars ($600,000) for any one accident resulting in injuries and/or death to more than one person, and a total of Fifty Thousand dollars ($50,000) liability for damages to property of others arising out of any accident. The applicant shall also present proof to the Clerk of Con- tractor's public liability insurance with an insurance company licensed to transact business in this state. The limits of such policy shall be Two Hundred Thousand dollars ($200,000) for any one program, Six Hundred Thousand dollars ($600,000) for any one accident, and property damage of Fifty Thousand dollars ($50,000). 5.605(5) Licensees shall provide a covered receptacle for the storage of collected solid waste. The receptacle shall be constructed so that the stored contents will not leak or spill therefrom. The receptacle shall be kept as clean and free from offensive odors as possible. Licensees under this section shall be required to make all collections between the hours of 6:00 a.m. and lO:O0 p.m. and shall make collections in a manner that will minimize traffic disruption. 5.605(6) 5.605(7) 5.605(8) Each licensee shall comply with all ordinances of the City and with any regulations promulgated by the Health Authority estab- lishing standards of health and sanitation in the City. The licensee under this section, or any employee thereof, shall issue a notice to all customers and users of the licensee's services whenever garbage, rubbish and recyclable materials removal is not effected in accordance with the terms of the contract between the City and the licensee. Such notice shall indicate the reason for failure to collect the garbage, rubbish, or recyclable materials, and a copy of said notice shall be filed with the Clerk. Items designated for recycling shall be listed by the City Manager to be part of an authorized recyc)ing program. Regular Council Meeting March 13, ]989 page 9 5.605(9) Ownership of recyclable materials set out for the purpose of participating curbslde recycling programs shall remain with the person who set out the materials until removed by the authorized collector. The person who set out the materials is totally responsible for their proper preparation, handling and storage. Ownership and responsibility for the proper handling of the recyclable materials shall vest in the authorized collector upon removal thereof by the collector. SECTION 3: Section 5.7OI of the City Code of 1977, passed June 21, 1977, which currently reads as follows, to wit: Chapter V COMMERCIAL LICENSING Article Vll Compliance Section 1: Violations 5.701 (1) Any person, firm, or corporation who violates or refuses to comply with any of the provisions of this chapter; engages in or operates any business in violation of the provisions of this chapter; engages in or violates the restrictions imposed upon any licensee under this chapter; engages in, participates in, or operates any of the businesses described in this chapter without having first obtained a license therefor; or engages in, participates in, or operates any of the businesses described in this chapter after a license therefor, 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. Each day that a vio)ation exists shall constitute a separate offense. 5.701 (2) Any person, firm, or corporation who provides false imformation, makes a material misrepresentations, or fails to disclose material information under the provisions of Section 5.101 (2) of this Code is guilty of a misdemeanor and, upon conviction thereof, shall 'be subject to a fine of not more that Three Hundred dollars ($300.00) or to imprisonment not to exceed ninety (90) days, or both, for each offense. Shall hereafter read as follows, to wit: Chapter 5 COMMERCIAL LICENSING Article VII Compliance Section 1: Violations 5.701 (I). Any person, firm, or corporation who violates or refuses to comply with any of the provisions of this chapter; engages in or operates any business in violation of the provisions of this chapter; engages in or violates the restrictions imposed upon any licensee under this chapter; engages in, participates in, or operates any of the businesses described Regular Council Meeting March 13, 1989 page 10 in this chapter without having first obtained a license therefor; or engages in, participates in, or operates any of the businesses described in this chapter after a license therefor has expired is guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine bf not more 'than Seven Hundred dollars ($700.00) or to imprisonment not to exceed ninety (90) days, or both, for each offense. Each day that a violation exists shall constitute a separate offense. 5.701 (2) Any person, firm, or corporation who provides false information, makes a material misrepresentation,.or fails to disclose material information under the provisions of Section 5.101 (2) of this Code 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. 5.7o~ (3) Any person, firm, or corporation who shall take, collect or scavenge recyclable material set out for the authorized collection program within the City, without having first been licensed hereunder to do so, is guilty of a misdemeanor, and, upon convlc[ion thereof, shall be subject to a fine of not more than Seven Hundred dollars ($700.00) or to imprison- ment not to exceed ninety (90) days, or both, for each offense. SECTION 4: This Ordinance shall be in full force and effect from and after thirty days after its passage. First reading: March 13, 1989 The second reading of Ordinance No. ll81 is scheduled for Monday, March 27, 1989. Resolution No. 89-13; Being a Resolution Authorizing Removal of an Assessment The Council waived the reading of the resolution. The County Auditor erroneously certified a special assessment against the property located at 4631 Fillmore Street in Columbia Heights. RESOLUTION NO. 89-13 BEING A RESOLUTION AUTHORIZING THE COUNTY AUDITOR TO REMOVE A SPECIAL ASSESSMENT ERRONEOUSLY CERTIFIED AGAINST PROPERTY IN THE CITY OF COLUMBIA HEIGHTS WHEREAS, an amount certified to the County Auditor in 1987 as Fund 1425 by the City of Ramsay was erroneously recorded by the County Auditor, WHEREAS~ the property known and described as: The South 60 feet of the West 25 feet of Lot ll and the South 60 feet of Lo~ 12, Block 1, Sheffield's Subdivision, Anoka County, Minnesota. PIN 25 30 24 34 0050. was assessed on the payable 1988 taxes for a utility bill, from another Regular Council Meeting March 13, 1989 page 11 City, in the amount of $11,q87.86, and was also assessed on the payable 1585 taxes, $9,q31.q2, and WHEREAS, the amount was keyed to the wrong PIN by the Audltdrms office; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, that the County Auditor is hereby authorized to remove from the payable 1988 taxes on PIN 25 30 24 3q 0050, $11,q87.86 and from the payable 1989 taxes on PIN 25 30 2k 3~ 0050, $9,q31.q2; Anoka County Fund #1q25. Passed this 13th day of March, 1989. Offered by: Paulson Seconded by: Peterson Roll call: AI1 ayes Mayor Dale V. Hadtrath Jo-Anne Student, Council Secretary First Readin9 of Ordinance No' i182; Bein9 an Ordinance Amending Ordinance No. 853, City Code of 1977, Allowin9 Veterinary Clinics in Retail Business District as a Conditional Use The Council waived the reading of the ordinance and the second reading was scheduled for April 10, 1989. 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 I: 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)(1) Outpatient veterinary animal clinics. SECTION 2: This Ordinance shall be In full force and effect from and after thirty (30) days after Its passage. First reading: March 13, 1989 Request to Close qlst Avenue and ~ashln~ton Street The Council approved the closing of Washington Street, from ~lst Avenue to q2nd Avenue on ~ednesday, June ~4th, froeq the hours of 4:00 p.m. to 10:OO p.m. in conjunction with a Summerfest to be held by the Golden Agers Club of St. Matthew Lutheran Church. Regular Council Meeting March ]3, 1989 page 12 Purchase of Repair and Replacement Parts for Playground Equipment The Council authorized the purchase of various replacement and repair parts for playground equipment from Miracle Recreatlon in an amount of $1,831.50 and recognized that the purchase was of a proprietary nature due to the fact that repair and rePlacement parts must match existing equipment; and the Mayor and City Manager were authorized to enter into an agreement for the same. Repair of Huset Block Garage Roof The Council awarded the bid for rerooflng of the block garage at Huset Park to Franzen Construction Company based on their Iow quotation of $2,360 plus $1.00/foot of board sheeting for an amount not to exceed $3,000 and the Mayor and City Manager were authorized to enter into e contract for the same. Household Hazardous Waste Collection The Council approved payment in the amount of $9,555.54 to the Minnesota Pollution Control Agency and requested reimbursement of $5,000 from Anoka County and reimbursement of $4,555.54 from Anoka County Solid Waste Abatement Funds. Authorization to Pay Tax and License Fees The Council authorized the payment of excise tax and license fees for City Unit No. 218 in an amount of $1,453.91 to the Anoka County Auditor and authorized the Mayor and City Manager to enter into an agreement for the same. Authorization to Expend Monies for 1989 Employee Picnic/Holiday Party The Council authorized the expenditure of up to $1,750 for the 1989 Employee Holiday Party and Employee Picnic. Seekin9 Bids for Sale of City-Owned Property at 1419 42nd Avenue The Council authorized the City Manager to seek bids for the sale of City- owned property located at 1419 42nd Avenue N.E. Licenses The Council approved the 1989 license applications as listed upon payment of proper fees. Payment of Bills The Council authorized the payment of the bills as listed out of proper funds. 4. Approval of Consent Agenda Motion by Paulson, second by Peterson to approve the consent agenda as presented. Roll call: All ayes 5. Open Mike An owner of property located on Washington Street inquired if the State Aid designation had been placed on Washington Street. She was advised that it was so designated on Washington Street, between 51st and 53rd Avenues. She expressed a concern with having the street torn up again. Regular Council Meeting March 13, 1989 page 13 5a. Proclamation - Support of the Children's Agenda Mayor Hadtrath read the proclamation. 6. Ordinances and Resolutions a. First Reading of Ordinance No. 1176; Being an Ordinance Amending Ordinance No. 853, City Code of 1977, By Establishing a Housing Maintenance Code and Licensing Rental Units The first reading of Ordinance No. 1176 was tabled for further information. b. Resolution No. 89-14; Being a Resolution Establishing a Policy Prohibiting the Use by. City Employees of Various City Facilities and Equipment Motion by Peterson, second by Paulson to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION NO. 89-14 BEING A RESOLUTION ESTABLISHING A POLICY PROHIBITING THE USE BY CITY EMPLOYEES OF VARIOUS CITY FACILITIES AND EQUIPMENT WHEREAS, the City of Columbia Heights has considered adoption of a policy allowing limited use by City employees of various City facilities and equipment; and WHEREAS, the State Auditor was asked to review and to provide comment on the proposed policy allowing limited use by City employees of various City facilities and equipment; and WHEREAS, the State Auditor has recommended that it would be in the best interests of the City for the Columbia Heights' City Council to adopt a stringent policy forbidding the private use of its equipment and/or facilities; and WHEREAS, the City Council is desirous of maintaining business practices consistent with the advice of the State Auditor's Office; NOW, THEREFORE, BE IT RESOLVED that the Columbia Heights City Council does hereby ordain that City employees shall be prohibited from using City-owned buildings and facilities, not ordinarily available to the general public, and City-owned equipment for their own personal use. Offered by: Seconded by: Roll call: Paulson Peterson Paulson, Carlson, Peterson, Hadtrath - aye Petkoff - nay Mayor Dale V. Hadtrath Jo-Anne Student, Council Secretary Regular Council Meeting March 13, 1989 page 14 7. Communications a. Planning and Zoning Commission Conditional Use Permit - 4757 Central Avenue Motion by Peterson, second by Carlson to approve a Conditional Use Permit to operate a 163 seat restaurant at 4757 Central Avenue subject to signage conforming to the Sign Ordinance, a dumpster enclosure being provided, handicapped parking spaces being pro- vided and ali available spaces on the site being striped. Roll call: All ayes b. Recommendation on Silver Lake Beach Property The Park Board has recommended that the Council consider removing the Silver Lake Beach area from the park system and seek a developer for the site. Notion by Petkoff, second by Peterson to direct the staff to prepare the necessary documents to remove Silver Lake Beach area from the park system; and furthermore, to investigate potentia) deve]opment of the site. Roll call: All ayes c. Appointments to Boards and Commissions The Council Secretary will contact all those persons whose terms expire in April ]989. This matter will be considered at the next regular Council meeting. 8. Old Business There was no old business. New Business a. Spring City/County Management Conference Motion by Paulson, second by Petkoff to authorize the attendance of the City Manager at the 1989 Spring City/County Management Conference to be held May l0 - 12, 1989, in Brainerd, Minnesota, and furthermore, ~hat related expenses be reimbursed. Roll call: All ayes b. Adoption of Five-Year Capital Improvement Program/Capital Outlay Program, 1990-1994 Motion by Paulson, second by Peterson to adopt the )990-1994 Capital Improvement/Capital Outlay Program as a guideline and direction for future City improvements and expenditures. 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: 1. Request of Immaculate Conception Church Regarding Storage of a Transport Trailer: The Public Works Director recommended that permission not be granted at this time to store the Church's trailer as there is )imited space. Mayor Hadtrath suggested that this request be kept on Regular Council Meeting March 13, 1989 page 15 file and given consideration when space may be available. The City Manager indicated he will notify the Church of this decision. 2. Public Works Week: Public Works Week will be observed from May 21st to May 27th with an Open House being held on May 23rd..This item was for informational purposes. 3. Columbia Heights Community Complex Committee - Request for Proposals: It was noted that BWBR has withdrawn from consideration as a con- suiting firm for the community complex. 4. Repair Estimate for Damaged City Caterpillar Unit 120: A repair estimate was received from Ziegler, Inc. for the repair of the damaged caterpillar as well as the cost of a rental machine. It was noted that the repair cos(s have increased dramatically. The Finance Director has been advised by. the insurance company that at! costs associated with the accident will be paid by the other driver's insurance company. Mayor Hadtrath felt the City should have a letter stating the insurance company's intent to pay all costs. 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 at 8:15 p.m.. Roll call: All ayes An-ne Student, Cou'o'i~il Secretary Mayor Dale V. Hadtrath