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HomeMy WebLinkAboutJune 8, 1992OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING JUNE 8, 1992 The Council Meeting was called to order by Mayor Murzyn at 7:00 p.m. ROLL CALL Nawrocki, Clerkin, Ruettimann, Peterson, Murzyn - present PLEDGE OF ALLEGIANCE CONSENT AGENDA The following items were approved on the Consent Agenda: Minutes for Approval of Previous Meetinqs The minutes of the May 26, 1992 Regular Council Meeting were approved as presented and there were no corrections. First Readinq of Ordinance No. 1246, Beinq an Ordinance Amendin~ Ordinance No. 853, City Code of 1977, Establishing a City Tree Board The reading of the ordinance was waived there being ample copies available for the public. ORDINANCE NO. 1246 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, ESTABLISHING A CITY TREE BOARD The City of Columbia Heights does ordain: Section 1: Section 3.316 of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently reserved, shall hereafter read as follows: 3.316(1) There is hereby created and established a City Tree Board for the City of Columbia Heights, which shall be composed of the members of the Park and Recreation Commission. 3.316(2) Members compensation. of the Board shall serve without 3.316(3) It shall be the responsibility of the Board to study, investigate, counsel and develop and/or update annually, and administer REGULAR COUNCIL MEETING JUNE 8, 1992 PAGE 2 a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of public trees. Such plan will be presented annually to the City Council and upon their acceptance and approval shall constitute the official comprehensive City Tree Plan for the City of Columbia Heights, Minnesota. The Board, when requested by the City Council, shall consider, investigate, make findings, reports and recommendations upon any special matter or question coming within the scope of its work. Notwithstanding anything to the contrary herein, it shall be the responsibility of the City Forester to determine if a tree is hazardous to public safety. 3.316(4) The Board shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business. Section 2: Section 3~316(5) of the City Code of 1977, as amended, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to-wit: 3.316(5) The City Council shall have the right to review the conduct, acts and decisions of the City Tree Board. Any person may appeal from any ruling or order of the City Tree Board to the City Council who may hear the matter and make flinal decision. Section 3: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: June 6, 1992 The second reading of Ordinance No. 1246 is scheduled for June 22, 1992. Request for Non-Intoxicatinq Malt Liquor at Sullivan Lake Park The Council approved the request of Glen Baggenstoss, 5000 Washington Street, to serve 3.2 keg beer at his family reunion on Sunday, June 28, 1992 from 9:30 a.m. to 6:00 p.m. at Sullivan Lake Park. This approval was based on the approVal of the Park and Recreation Commission ~iven at its May 27, 1992 meeting. REGULAR COUNCIL MEETING JUNE 6, 1992 PAGE 3 Request for Non-Intoxicating Malt Liquor at Sullivan Lake Park The Council approved the request of Pat Rosenberg, 3936 Reservoir Boulevard, to serve 3.2 keg beer at the Aid Association for Lutherans Branch #2244 on Tuesday, July 21, 1992 from 6:00 p.m. to 10:00 p.m. at Sullivan Lake Park. This approval was based on the approval of the Park and Recreation Commission given at its May 27, 1992 meeting. Request for Neighborhood Block Party, Highland Place The Council approved the request submitted by Gary and Kay Mayer, 2115 Highland Place, to conduct a Second Annual Neighborhood Block Party on Saturday, June 27, 1992 (August ]5, 1992 in case of rain) from 4:00 p.m. to 8:00 p.m. with barricades being placed at both ends of Highland Place. Street Closinq The Council authorized the closing of 39th Avenue between Jefferson and Fifth Streets and on Mill Street between 40th Avenue and the east driveway of the police parking lot on July 4th from 7:00 p.m. until 11:00 p.m. and that no parking be allowed on said street between 5:00 p.m. and 11:00 p.m. Approval of License Applications The Council approved the license applications as listed upon payment of the proper fees. Payment of Bills The Council approved the payment of the bills as listed out of the proper funds. o APPROVAL OF CONSENT AGENDA Motion by Ruettimann, second by Peterson to approve the Consent Agenda as presented. Roll call: All ayes REGULAR COUNCIL MEETING JUNE 8, 1992 PAGE 4 OPEN MIKE/PRESENTATIONS/PROCLAMATIONS 1992 Humanitarian of the Year Award Mayor Murzyn presented a plaque to Janet Gillespie, the recipient of the 1992 Humanitarian of the Year Award. This award is given annually by the Human Services Commission to a resident who is recognized for his/her philanthropic works and active participation in affairs of the community. Concerns of Residents in the 43rd Avenue and Monroe Street Area A memo was received from the City Manager in response to concerns of residents in the 43rd Avenue and Monroe Street area. These concerns were expressed at a previous Council meeting during Open Mike. The residents in attendance at tonight's meeting received copies of this memo. PUBLIC HEARINGS/RESOLUTIONS/ORDINANCES a. Resolution for Collection of Water Testinq Fee The City Manager stated that the water testing will be for lead and copper and the charge is a State-imposed fee of $5.21 for each water service connection in the City. It was Counci]member Nawrocki's contention that there are two different tests being required. He is concerned as to who is requiring the testing and the fees which are being collected. He questioned whether this is a State or Federal program and mandate. Motion by Nawrocki, second by Clerkin to table this resolution for additional information. Roll call: All ayes The City Manager noted that the letters to homeowners regarding the testing are prepared to be mailed. He requested that the Council take formal action if it desires that staff not send the letters nor conduct the testing. Councilmember Ruettimann suggested that the testing still must be done, but it is a question as to when it is to be paid, this year or next. REGULAR COUNCIL MEETING JUNE 8, 1992 PAGE 5 Motion by Ruettimann, second by Peterson to direct the City Manager to continue with the water testing on the sixty current tests which are scheduled. Roll call: All ayes Resolution Granting Authorization to Enter into an Agreement with the Regional Transit Board for Para- Transit Assistance Service Funds Motion by Nawrocki, second by Ruettimann to waive the reading of the resolution there being ample copies available for the public. Roll call: Ali ayes. The City Manager advised there has been no tax money put into this program for two years. RESOLUTION NO. 92-14 RESOLUTION OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, GRANTING AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH THE REGIONAL TRANSIT BOARD FOR PARA-TRANSIT ASSISTANCE SERVICE FUNDS WHEREAS, the City of Columbia Heights has been operating a para-transit program called Shared Ride since December 1, 1978, with para-transit assistance funds from the Minnesota Department of Transportation; and WHEREAS, in February of 1986, the Regional Transit Board assumed responsibility for the transit programs in the seven- county metropolitan area that has previously been administered by the Minnesota Department of Transportation; and WHEREAS, in December 1990, the Shared Ride Program was expanded to include the City of Fridley and a Transfer Coordination Point at Northtown Shopping Center; and WHEREAS, the Shared Ride Program has demonstrated to be serving a substantial portion of the population and shows a continuing need for this service. NOW, THEREFORE, BE IT RESOLVED that the City of Columbia Heights enter into an agreement with the Regional Transit Board, to provide a public transportation service in the City of Columbia Heights and certain points outside of the city limits, Hilltop, Fridley, and Northtown Shopping Center for fiscal year 1993; and REGULAR COUNCIL MEETING JUNE 8, 1992 PAGE 6 BE IT FURTHER RESOLVED that the continuation of the expanded Shared Ride ?rogram is contingent upon funding of 40 percent of the total operating cost of the transit project through any combination of local funds; and BE IT FURTHER RESOLVED that the City of Columbia Heights shall continue to administer the Shared Ride Program; and BE IT FURTHER RESOLVED that authorization to execute the 1993 aforementioned agreement is hereby given to the Mayor and City Manager; and BE IT FURTHER RESOLVED that the City Manager and the Assistant to the City Manager are hereby authorized to execute requests for reimbursements from the Regional Transit Board. Passed this 6th day of June, 1992. Offered by: Seconded by: Roll call: Nawrocki Ruettimann All ayes Mayor Donald J. Murzyn, Jr. Jo-Anne Student, Council Secretary CERTIFICATION I hereby certify that the aforegoing resolution is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Columbia Heights, at a duly authorized meeting thereof held on the 6th day of June, 1992, as shown by the minutes of said meeting in my possession. William J. Elrite, City Clerk First Reading of Ordinance No. 1247, Being an Ordinance Amendinq Ordinance No. 853, City Code of 1977, Pertaining to Tree Services The City Manager advised that the language of this ordinance was taken from a model ordinance. REGULAR COUNCIL MEETING JURE 8, 1992 PAGE 7 Councilmember Nawrocki felt this ordinance would be difficult to enforce and places more restrictions on some issues he felt were of little importance. He inquired if there were problems which would be addressed with this ordinance. The Assistant City EnGineer noted she would like to review this ordinance with the Building Inspector regarding potential licensing problems. Motion by Clerkin, second by Nawrocki to table this ordinance. Roll call: Al/ ayes First Reading of Ordinance No. 1248, Being an Ordinance Amending Ordinance No. 853, City Code of 1977, Pertaining to Municipal Services, Tree and Weed Services, Removal of Diseased Trees, and Spraying, Planting, and Routine Removal Councilmember Nawrocki felt this ordinance addressed rather small matters and that some of the ordinances which are presently on the books are not being enforced. The Assistant City Engineer stated that this ordinance would give crews more authority to trim trees. Motion by Nawrocki, second by Clerkin to table the ordinance. Roll call: Clerkin, Nawrocki - aye Ruettimann, Peterson, Murzyn - nay Motion to table fails. Motion by Ruettimann, second by Peterson to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes. ORDINANCE NO. 1248 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AS AMENDED, PERTAINING TO MUNICIPAL SERVICES, TREE AND WEED SERVICES, REMOVAL OF DISEASED TREES, AND SPRAYING, PLANTING AND ROUTINE REMOVAL The City of Columbia Heights does ordain: Section 1: Section 4.201(1) of the City Code of 1977, as amended, passed June 21, 1977, which currently reads as follows, to-wit: REGULAR COUNCIL MEETING JUNE 6, 1992 PAGE 8 4.201(1) The Forester shall inspect all premises and places within the City for the presence of any of the below-described conditions: is herewith amended to read as follows, to-wit: 4.201(1) The Forester and his/her official representative has the authority to enter onto private property for inspection purposes. The Forester shall inspect all premises and places, both public and private, within the City for the presence of any of the below-described conditions: Section 2: Section 4.201(1)(c) of the City Code of 1977, as amended, passed June 21, 1977, which currently reads as follows, to-wit: 4.20](1)(c) Any other living or standing tree or part thereof infected with tree disease as determined by the Forester. is herewith amended to read as follows, to-wit: 4.201(1)(c) Any other living or standing tree or part thereof infected with tree disease as determined by the Forester or any destructive or communicable disease or insect infestations. Section 3: Section 4.201(1)(e) of the City Code of 1977, as amended, passed June 21, 1977, which is currently reserved shall hereafter read as follows, to-wit: 4.201(1)(e) Any tree, limb or shrub that obstructs street lights, view of intersections, traffic signs, the free passage of pedestrians or vehicles, or a tree or any part thereof that is less than eight feet (8) above the surface of the street, sidewalk or alley, or a tree that poses a threat to safety. Section 4: Section 4.201(3)(b) of the City Code of 1977, as amended, passed June 21, 1977, which currently reads as follows, to-wit: 4.201(3)(b) The Forester may abate said condition upon the expiration of five (5) days. is herewith amended to read as follows, to-wit: 4.201(3)(b) The Forester may abate said condition upon the expiration of five (5) days. The Council hereby authorizes the assessment of unpaid special charges for such abatement against such property. REGULAR COUNCIL MEETING JUNE 8, 1992 PAGE 9 Section 5: Section 4.202(3) of the City Code of 1977, as amended, passed June 21, 1977, which currently reads as follows, to-wit: 4.202(3) The Forester shall consider all requests by property owners for the planting and routine removal of trees from streets and public boulevard easements in accordance with the following standards: is herewith amended to read as follows, to-wit: 4.202(3) No person shall plant, remove, cut above the ground, or disturb any tree on any public place without first obtaining written permission from the City Forester. The City Forester shall consider all requests by property owners for the planting or routine removal of public trees in accordance with the following standards: Section 6: Section 4.202(3)(b) of the City Code of 1977, as amended, passed June 21, 1977, which currently reads as follows, to-wit: 4.202(3)(b) No trees shall be planted measuring less than two (2) inches in diameter of trunk one (1) foot above the ground. Is herewith amended to read as follows, to-wit: 4.202(3)(b) No trees shall be planted measuring ]ess than two and one-half (2 1/2) inches in diameter of trunk one (1) foot above the Ground. Section 7: Section 4.202(3)(d) of the City Code of 1977, as amended, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to-wit: 4.202(3)(d) No trees may be planted under or within ten (10) lateral feet of any overhead utility wire, or over or within five (5) lateral feet of any underground water line or gas line, or over or within five (5) lateral feet of any sewer line, transmission line or other utility. . Section 8: Section 4.202(3)(e) of the City Code of 1977, as amended, passed June 2I, 1977, which is currently reserved, shall hereafter read as follows, to-wit: 4.202(3)(e) Trees may be planted midway between the existing curb and sidewalk with the approval of the City'Forester. In areas where curb and sidewalk do not exist, no tree may be REGULAR COUNCIL MEETING JUNE 8, 1992 PAGE 10 planted closer than three (3) feet from the projected curb line. Section 9: Section 4.202(3)(f) of the City Code of 1977, as amended, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to-wit: 4.203(3)(f) No tree shall be planted closer than thirty (30) feet of any street corner, measured from the point of nearest intersecting curbs, or curb lines. No tree shall be planted closer than ten (10) feet of any fire hydrant. Section 10: 4.202(3)(g) of the City Code of 1977, as amended, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to-wit: 4.202(3)(g) It shall be unlawful as a normal practice for any person, firm, or city department to top any public tree. Topping is defined as the severe cutting back of limbs to stubs within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this subdivision at the determination of the City Forester. Section 11: Section 4.202(4) of the City Code of 1977, as amended, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to-wit: 4.202(4) The City Forester shall locate, select and identify any trees which qualify as "Landmark Trees" A tree may qualify as a "Landmark Tree" if it meets one or more of the following criteria: species rarity, old age, association with a historical event or person, abnormality, or scenic enhancement. Section 12: Section 4.202(5) of the City Code of 1977, as amended, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to-wit: 4.202(5) The City shall have the right to plant, prune, maintain and remove public trees as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds and ri~ht-of-ways. Section 13: Section 4.202(6) of the City Code of 1977, as amended, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to-wit: REGULAR COUNCIL MEETING JUNE 8, 19~2 PAGE 1i 4.202(6) All stumps of street and park trees shall be removed to a minimum of four (4) inches below the surface of the ground including root extension to at least two (2) feet from the outer edge of the stump. Section 14: Section 4.202(7) of the City Code of 1977, as amended, passed June 21, 1977, which is currently reseved, shall hereafter read as follow, to-wit: 4.202(7) No person except the City Forester, his/her agent, or a contractor hired by the City may plant, remove, spray or otherwise treat public trees without first obtaining written permission from the City Forester. The person obtaining the written permission shall abide by the standards set forth in this Section. Section 15: Section 4.202(8) of the City Code of 1977, as amended, passed June 21, 1977, which is currently reserved, shall hereafer read as follows, to-wit: 4.202(8) The City Tree Board shall have the power to promulgate and enforce rules, regulations and specifications concerning the trimming, spraying, removal, planting, pruning and protection of public trees and shall have full power and authority over all public and private trees that constitute a hazard or threat as described herein. Section 16: Section 4.202(9) of the City Code of 1977, as amended, passed June 21, 1977, which is currently reserved, shall herefter read as follows, to-wit: 4.202(9) When the development of private and/or commercial property occurs, the Planning and Zoning Commission, City Engineer and City Forester shall review landscaping plans and may require trees to be planted in any of the streets, parking lots, parks or other public places abutting lands henceforth developed and/or subdivided. Section 17: Section 4.202(10) of the City Code of 1977, as amended, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to-wit: 4.202(]0) A person, partnership, corporation or other entity who violates or refuses to comply with any of the provisions of this article is guilty of misdemeanor and, upon conviction thereof, shall be subject to a fine of no more than $700 or to imprisonment not to exceed ninety (90) days, or both, for each offense. Each day that a violation exists shall REGULAR COUNCIL MEETING JUNE 8, 1992 PAGE !2 constitute a separate offense. If, as the result of the violation of any provision of this ordinance, the injury, mutilation or death of a public tree located on City owned property is caused, the cost of repair or replacement of such tree, shrub, or other plant shall be borne by the party in violation. The replacement value of trees and shrubs shall be determined in accordance with the latest revision of "A Guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs, and Evergreens", as published by the International Society of Arboriculture. Section 18: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: June 8, ]992 Motion by Ruettimann, second by Peterson to schedule the second reading of Ordinance No. 1248 for June 22, 1992. Roll call: All ayes COMMUNICATIONS a. Planning and Zoning Core.mission 1. Tires Plus, Inc., 5126 Central Avenue, Conditional Use Permit Motion by Peters0n, second by Ruettimann to approve the conditional use permit for Tires, Plus, Inc. at 5126 Central Avenue provided the required storage is maintained and opaque screening is provided and maintained. Roll call: All ayes 2. Appeal of Graphic House, Setback Variance for Freestanding Sign, Big Wheel Rossi, 4239 Central Avenue The Building Inspector advised the sign being requested would be a non-conforming sign. Noting that the moratorium on non-conforming signs will expire in 1993, she felt it would be ill-advised to approve this sign request. A representative of Graphic House stated he feels the location being requested is the only place where the sign could be effective. He cited that the location of the building is unique as it cannot be seen by passing traffic. Councilmember Ruettimann noted that many of the other Big Wheel Rossi stores do not have freestanding signs yet enjoy a successful business. REGULAR COUNCIL MEETING JUNE 8, 1992 PAGE 13 Motion by Clerkin, second by Ruettimann to deny the seven foot frontyard setback variance request of Graphic House for the Big Wheel Rossi Store, 4239 Central Avenue, as recommended by the Planning and Zoning Commission. Roll all: All ayes Traffic Commission 1. Request to Install Stop Sign on Tyler Street at 47th Avenue Motion by Peterson, second by Murzyn to install a stop sign at the corner of Tyler Street and 47th Avenue, stopping traffic on Tyler Street, based on the recommendation of the Traffic Commission. Roll call: All ayes Councilmember Ruettimann requested that flags be attached to the stop sign for a couple of months after installation. 2. Request for Variance on a Driveway Approach on Van Buren Street Motion by Nawrocki, second by Peterson to grant a variance to the homeowner at 4457 Van Buren Street to install a driveway with the north edge of the driveway no farther north than the north side of the garage based on the recommendation of the Traffic Commission. Roll call: All ayes Temporary Sign Requests 1. Immaculate Conception Church, 4030 Jackson Street Motion by Peterson, second by Nawrocki to approve the temporary sign request for Immaculate Conception Church, 4030 Jackson Street, for the dates of July 27 - August 7, 1992, provided the $100 deposit is submitted to the City to assure that the signage is removed by August 8, 1992. Roll call: All ayes 2. Big Wheel Rossi, 4239 Central Avenue Motion by Peterson, second by Clerkin to approve the request of Big Wheel Rossi, 4239 Central Avenue, for temporary signage from June 9 - 13, 1992, provided a $100 deposit is submitted to the City to assure the removal of temporary signage by June 14, 1992. Roll call: Ail ayes REGULAR COUNCIL MEETING JUNE 8, 1992 PAGE 14 The Building Inspector advised that this siGnaGe has been up since the business opened in May. They have been advised by letter, as well as by a staff person, of their violation and have not responded by removing the siGnaGe. Councilmember Ruettimann suggested they be made aware of their continuing violation. 3. Request from Lions Club for Banner The Columbia Heights Lions Club has requested permission to hang a banner across 40th Avenue at University to promote Jamboree Days. Staff is recommending denial because of the wind pressure which is put on the light standards to which the banner is attached. Councilmember Peterson suggested a few more air pockets be put in the banner which would relieve the pressure on the light standards. Motion by Nawrocki, second by Peterson to approve the request of the Columbia Heights Lions Club for placing a banner across 40th Avenue at University advertising the Jamboree. Roll call: All ayes OLD BUSINESS a. Existing Problems in 46th/47th Avenues & Tyler Area Councilmember Nawrocki has observed problems which have been existing in the 46th to 47th Avenues area for some time. Some of them are an unlicensed vehicle and weed control. Me requested these conditions be revisited again. The City Manager advised that all of the complaints received from members of the Council regarding this area have been forwarded to the Police Department. b. Sanitary Sewer Use by Hilltop Councilmember Nawrocki inquired if any reimbursement has been received from the City of Hilltop for the use of the Columbia HeiGhts sanitary sewer. The City Manager advised that the City Attorney is presently drafting an agreement and this matter will be negotiated. REGULAR COUNCIL MEETING JUNE $, 1992 PAGE 1~ Councilmember Nawrocki felt an alternative would be to cease the service. He inquired how many years have passed since Hilltop has paid for this service. The City Manager estimated it has been about one and one half years but will verify this information. NEW BUSINESS a. Fourth of July Celebration - Awarding of Fireworks Bid The City Manager stated that two bids for fireworks had been received and to date $2,650 has been received in donations. Motion by Murzyn, second by Nawrocki to contract with Americana Fireworks Display Company for the Fourth of July display at a cost of $5,000 based on guality and quantity; ~nd furthermore, to authorize the Mayor and City Manager to execute a contract for the same. Roll call: All ayes b. Request for Construction of a Gazebo/Screened-In House at 4356 Quincy Street Councilmember Nawrocki received a call from people who wish to have a gazebo constructed on the property at 4356 Quincy Street. They advised him that staff stated they were required to-have a permit for this project. When they came to get the permit they were told it would cost $50.00, and since the structure would be located in a flood plane area, they would need a survey done. Councilmember Nawrocki noted that the pad for the structure is already in and all that is going to be done is to add screening. He failed to understand the need for a permit or a survey. It was his observation that a simple project like this would not impact the flood plane nor should it require so much redtape and expense. The Building Inspector read from the ordinance which addressed construction in a flood plane. The City Manager stated that the City is presently waiting for response from the federal government to its request to remove the flood plane designation from this area. The progress of this request was briefly discussed. Councilmember Nawrocki requested staff to prepare an amendment to the ordinance which would allow the construction of a simple gazebo. REGULAR COUNCIL MEETING JUNE 8, 1992 PAGE 16 10. REPORTS a. Report of the City Manager The City ManaGer's report was submitted in written form. He advised the Council of the current status of the health of former Mayor Carlson. The City Manager introduced Ms. Valorie Gifford, the newly-hired Special Projects Coordinator. Councilmember Nawrocki stated he attended the recent meeting of the Metropolitan Waste Control Commission where its 1993 budget was discussed. He had material available from that meeting for any interested councilmembers or staff. He also attended the North Star Workshop sponsored by the the Minnesota Department of Transportation. Material from the workshop is also available. b. Report of the City Attorney The City Attorney requested a Closed Executive Session. Motion by Ruettimann, second by Murzyn to retire to a Closed Executive Session for the sole purpose of discussing the pending litigation of Pastuszak versus the City of Columbia HeiGhts and to designate Jo-Anne Student to keep a written record of said meetinG. Recessed at 9:45 p.m. Roll call: All ayes Reconvened at 10:16 p.m. The Columbia HeiGhts City Council retired to a Closed Executive Session and therein discussed only Pastuszak versus the City of Columbia HeiGhts and directed staff accordingly. ADJOURNMENT Motion by Nawrocki, second by Ruettimann to adjourn the meeting at 10:20 p.m. Roll call: All ayes ~-Anne Student, Council Secretary Mayor~-4~onald J. M~r~yn, ~Jr.