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HomeMy WebLinkAboutApril 10, 1995OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING APRIL 10, 1995 The Council Meeting was called to order at 7:00 p.m. by Mayor Sturdevant. Jolly, Petkoff, Ruettimann, Peterson, Sturdevant - present 2. PLEDGE OF ALLEGIANCE CONSENT AGENDA The following items were approved on the Consent Agenda: Minutes for Approval The Council approved the minutes of the Regular Council Meeting of March 27, 1995 and the minutes of the Special Council Meeting of April 3, 1995. Temporary Redesi~nation of Alley Between Mill and Jefferson The Council approved the temporary redesignation of the alley between Mill and Jefferson Streets as a two-way during the reconstruction of Mill Street and directed that residents be notified of this change based on the recommendations of the Traffic Commission. ~onditional Use Permit/Variance for Northstar Restaurants. Inc.. 5050 Central Avenue The Council approved the site plan and conditional use permit as presented to allow the operation of a restaurant at 5050 Central Avenue and approved the request for a variance to allow 37 square feet of additional signage due to the unique configuration of the lot. Variance Request - Salvation Army. 3933 Central Avenue The Council approved the request for a variance that would allow total signage to be increased from two times the front foot of the building to four times the front foot of the building and a maximum of 150 square feet of wall Signage, provided the existing pylon signage is brought into compliance with the Sign Ordinance. REGULAR COUNCIL MEETING APRIL 10, 1995 PAGE 2 Be Metropolitan Council Interim Strategy to Reduce NonDoint The Council approved that the City of Columbia Heights will apply National Urban Runoff Program (NURP) standards for the design of new storm water ponds and the MPCA's Urban Best Management Practices titled Water Ouality in Urban Areas to the review of any proposed development occurring in the City to reduce nonpoint source pollutant loadings in storm water runoff. The City of Columbia Heights will incorporate these standards and requirements in its Storm Water Management Plan and Land Use Controls to implement this policy. The City of Columbia Heights will work with the Department of Natural Resources to adopt the revised shoreline regulations consistent with the DNR's schedule of priorities. ~uthorizat~on to Seek Bids to Replace Pickup ~136 The Council authorized staff to seek bids to replace Unit #136, a 1984 GMC Sierra 2500 pickup. Authorization to Seek Bids for Water Tower Repair The Council authorized staff to negotiate a contact with AEC engineers and designers for specification preparation and inspection for repairs to the water tower. Authorization to Seek Bids to Replace a Portion of the Sullivan Lake Retaining Wall The Council authorized staff to seek bids for repair of the Sullivan Lake retaining wall. License Applications The Council approved the license applications as listed upon payment of proper fees. Payment of Bills The Council approved the payment of the bills as listed out of proper funds. APPROVAL OF CONSENT AGENDA Motion by Ruettimann, second by Peterson to approve the Consent Agenda. Roll call: All ayes QPEN.~IKE/PROCLAMATIONS~PRESENTATIONS a. Administration of City Council Oath The City Attorney administered the oath of office to Rita M. Petkoff who was appointed to a vacancy on the City Council. REGULAR COUNCIL MEETING APRIL 10, 1995 PAGE 3 b. Presentation by Representative from BFI Kevin Tritz, a representative of Browning-Ferris Industries, the City's refuse contractor, presented a check in the amount of $1,205 to the City Council. Mr. Tritz advised the Council that the markets for recycling have changed. This check is the rebate for one month. c. Columbia Heights Block Builders Bob Gross, spokesperson for the Columbia Heights Block Builders, apprised the Council of the current status of fundraising for the group. He also referred to some of the fundraising activities already completed and some which are scheduled. d. Qpen Mike There was no one present for Open Mike. 6. PUBLIC HEARINGS/ORDINANCES/RESOLUTIONS a. Public Hearina - Revocation or Suspension of Rental License fQr 1860 49th Avenue Northeast Motion by Peterson, second by Petkoff to close the public hearing regarding the revocation or suspension of the rental license held by Beverly Schaefer regarding rental property at 1860 49th Avenue Northeast in that she has complied with provisions of the Housing Maintenance Code. Roll call: All ayes b. ~econd Reading of Ordinance No. 1300 Being an Ordinance on CharteF Change for Even Year Elections Motion by Peterson, second by Petkoff to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1300 BEING AN ORDINANCE AMENDING CHAPTER 2, SECTION 7 AND CHAPTER 4, SECTIONS 28 AND 28A OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO EVEN YEAR MUNICIPAL ELECTIONS The City of Columbia Heights does ordain: REGULAR COUNCIL MEETING APRIL 10, 1995 PAGE 4 Section 1: Chapter 2, Section 7, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: Section 7. ELECTIVE OFFICES. The Council shall be composed of a mayor and four councilmembers who shall be qualified electors, and who shall be elected at large in the manner hereinafter provided. The four councilmembers shall serve for a term of four years and until their successors are elected and qualified, except that at the first election held after the adoption of this charter, the two candidates having the highest number of votes shall serve for four years, and the two candidates having the next highest number of votes shall serve for two years. The mayor shall serve for a term of two years and until a successor is elected and qualified. The council shall be judge of the election of the mayor and councilmembers. is herewith amended to read as follows: Section 7. ELECTIVE OFFICES. The council shall be composed of a mayor and four councilmembers who shall be qualified electors, and who shall be elected at large in the manner hereinafter provided. The four councilmembers shall serve for a term of four years and until their successors are elected and qualified, except that for councilmembers elected in 1995. one council position term shall exDire on the first Monday in January of 1999. The other council position term shall expire on the first Monday in January 2003. For councilmembers elected in 1997. one ~ouncil position term shall expire on the first Monday of January of 2001. The terms of any council members elected at a aeneral election in 1998 will exDire oh the first Monday in January of 2001. The other council position term shall expire.on the first Monday in January. 2003. The mayor shall serve for a term of two years and until a successor is elected and qualified, except that the term of the mayor elected in 1995 shall expire on the first Monday ~ January 1999. Thereafter. the mayor shall serve for a term of two years and until a successor is elected and qualified. The Council shall be judge of the election of the mayor and councilmembers. Section 2: Chapter 3, Section 16 of the Charter of the City of Columbia Heights which currently reads as follows, to wit: Section 16. COUNCIL MEETINGS. At the time of the first regularly scheduled council meeting in January following a regular municipal election, the Council shall meet-at the usual place and time for the holding of council meetings. At this time the newly elected members of the Council shall assume the duties of such membership. REGULAR COUNCIL MEETING APRIL 10, 1995 PAGE 5 Thereafter the Council shall meet at such times as may be prescribed by ordinance or resolution, except that they shall meet not less than once each month. The mayor or any two members of the Council, or the City Manager, may call special meetings of the Council upon at least (12) twelve hours' notice to each member of the Council. Such notice shall be delivered personally to each member or shall be left with some responsible person at the member's usual place of residence. All meetings of the Council shall be public, and any citizen shall have access to the minutes and records thereof at all reasonable times. is herewith amended to read as follows: Section 16. COUNCIL MEETINGS. At the time of the first regularly scheduled council meeting in January following a regular municipal election, the Council shall meet at the usual place and time for the holding of council meetings. At this time the newly elected members of the Council shall assume the duties of such membership, except that for council members elected in 1998. 2000. and 2002. the newly elected members shall assume the duties of such membership on ~he first Monday inJanuarv following that regular municipal ~&L~&~l~Thereafter the Council shall meet at such times as may be prescribed byordinance or resolution, except that they shall meet not less than once each month. The mayor, or any two members of the Council, or the City Manager, may call special meetings of the Council upon at least (12) twelve hours' notice to each member of the Council. Such notice shall be delivered personally to each member or shall be left with some responsible person at the member's usual place of residence. All meetings of the Council shall be public, and any citizen shall have access to the minutes and records thereof at all reasonable times. Section 3: Chapter 4, Section 28 and 28A, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: Section 28. THE REGULAR MUNICIPAL ELECTION. A regular municipal election shall be held on the first Tuesday after the first Monday in November of each odd numbered year at such place or places as the City Council may designate. REGULAR COUNCIL MEETING APRIL 10, 1995 PAGE 6 At least fifteen days previous notice shall be given by the City Clerk of the time and place of holding such election, and of the officers to be elected, by posting a notice thereof in at least the City's polling places, or by publishing a notice thereof at least once in the official newspaper, or both, as the Council may ordain, but failure to give such notice shall not invalidate such election. Section 28A. THE PRIMARY ELECTION. A primary municipal election shall be held forty-two days before the regular municipal election in the year 1989 and biennially thereafter at the same place or places as general elections are held and like officers shall preside at such elections. The purpose of such primary election shall be to select candidates to be voted for at the general municipal election. The candidates for nomination to each office who shall receive the greatest number of votes in such primary election shall be placed upon the ballot of the next general election in numbers not to exceed double the number of vacancies to be filled, and no other name shall be placed upon the ballot for such general election than the candidates selected at said primary election. When not more than twice the number of individuals to be elected to a municipal office file for nomination to any municipal office, no primary shall be held, and the names of those having filed shall be placed on the municipal general election ballot as the nominee for that office. Any person desiring to become a candidate for an elective office in the general municipal election shall file with the City Clerk at least forty-two days prior to but not more than eighty-four days prior to said primary municipal election a statement of such candidacy as follows: I, ( ), being first duly sworn, say that I reside at ( ) Street in the City of Columbia Heights, County of Anoka, State of Minnesota; that I am a qualified voter herein; that I am a candidate for nomination to the office of ( ) to be voted upon at the primary election on ( ) the ( ) day of ( ), 19 ~ ; and I hereby request that my name be printed upon the official primary election for said office. Signed Subscribed and sworn to before me this ( ) day of ( ), 19__. Signed Official Title REGULAR COUNCIL MEETING APRIL 10, 1995 PAGE 7 and shall pay to the City Clerk the sum of Five Dollars for which the City Clerk shall give a receipt expressing the purpose of the payment. Such City Clerk shall forthwith pay all fees so received to the City Treasurer. Upon compliance with the provisions of this section the City Clerk shall place such name upon the primary election ballot as a candidate for the office named. At least fifteen days notice shall be given by the City Clerk of the time and place of holding such primary election and of the officers to be nominated, by posting a notice thereof in at least three of the most public places in each election district in the city or by publication of a notice thereof at least once in the official newspaper, or both, as the City Council may ordain, but failure to give such notice shall not invalidate such election. is herewith amended to read as follows: Section 28. THE REGULAR MUNICIPAL ELECTION. A regular municipal election shall be held on the first Tuesday after the first Monday in November of each even-numbered year at such place or places as the City Council may designate. At least fifteen days previous notice shall be given by the City Clerk of the time and place of holding such election and of the officers to be elected by posting a notice thereof in at least the City's polling places, or by publishing a notice thereof at least once in the official newspaper, or both, as the Council may ordain, but failure to give such notice shall not invalidate such election. Section 28A. THE PRIMARY ELECTION. The primary municipal election shall be held on the first Tuesday after the second Monday in September of any year in which a municipal general ~lec~ion is to be held for the purpose of electing officers at the same place or places as general elections are held and like officers shall preside at such elections. The purpose of such primary election shall be to select candidates to be voted for at the general municipal election. The candidates for nomination to each office who shall receive the greatest number of votes in such primary election shall be placed upon the ballot of the next general election in numbers not to exceed double the number of vacancies to be filled, and no other name shall be placed upon the ballot for such general election than the candidates selected at said primary election. When not more than twice the number of individuals to be elected to a municipal office file for nomination to any municipal office, no primary shall be held, and the names of those having filed shall be placed on the municipal general election ballot as the nominee for that office. REGULAR couNcIL MEETING APRIL 10, 1995 PAGE 8 Any person desiring to become a candidate for an elective office in the general municipal election shall file with the City Clerk at least ~ days prior to but not more than ~ days prior to said primary municipal election an ~fL~5~of such candidacy as set forth in Minnesota Statutes 204B.06. Subd. 1. and shall pay to the City Clerk the sum of Five Dollars for which the City Clerk shall give a receipt expressing the purpose of the payment. Such City Clerk shall forthwith pay all fees so received to the City Treasurer. Upon compliance with the provisions of this section the City Clerk shall place such name upon the primary election ballot as a candidate for the office named. At least fifteen days notice shall be given by the City Clerk of the time and place of holding such primary election and of the officers to be nominated, by posting a notice thereof in at least three of the most public places in each election district in the city or by publication of a notice thereof at least once in the official newspaper, or both, as the City Council may ordain, but failure to give such notice shall not invalidate such election. Section 4: This ordinance shall be in full force and effect from and after ninety (90) days after its passage. First Reading: Second Reading: Date of Passage: March 27, 1995 April 10, 1995 April 10, 1995 Offered by: Seconded by: Roll call: Peterson Jolly All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary c. Second Reading of Ordinance No. 1299 Being an Ordinance Requesting Vacation of an Alley Between 37th and 38th Avenues Motion by Ruettimann, second by Peterson to continue the public hearing on Ordinance No. 1299 an ordinance amending Ordinance No. 853, city Code of 1977, vacating a certain alley easement until the April 24, 1995 City Council Meeting. Roll call: All ayes REGULAR COUNCIL MEETING APRIL 10, 1995 PAGE 9 d. ~solution No. 95-20 Being a Resolution to Establish County Road 104 as a Municipal State Aid Street Motion by Ruettimann, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 95-20 ESTABLISHING ANOKA COUNTY ROAD 104 AS A MUNICIPAL STATE AID STREET WHEREAS, Anoka County has "turned back" County Road 104 to the City of Columbia Heights, and WHEREAS, it appears to the City Council of the City of Columbia Heights that County Road 104 hereinafter described should be designated Municipal State Aid Street under the provisions of Minnesota Law. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia Heights that the street described as follows, to wit: Johnson Street N.E. from 49th Avenue (C.S.A.H. 4) to Innsbruck Parkway Innsbruck Parkway from Johnson Street N.E. to Pennine Pass Pennine Pass from Innsbruck Parkway to West Upland Crest West Upland Crest from Pennine Pass to 49th Avenue N.E. (C.S.A.H. 4) be and hereby is established, located, and designated a Municipal State Aid Street of said City, subject to approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration, and that upon his approval of the designation of said street or portion thereof, that same be constructed, improved and maintained as a Municipal State Aid Street of the City of Columbia Heights to be numbered and known as Municipal State Aid Street 121. REGULAR COUNCIL MEETING APRIL 10, 1995 PAGE 10 Dated this 10th day of April, 1995. Offered by: Seconded by: Roll call: Ruettimann Peterson All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CERTIFICATION State of Minnesota County of Anoka City of Columbia Heights I hereby certify that the foregoing resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 10th day of April, 1995, as disclosed by the records of said City in my possession. Jo-Anne Student Deputy City Clerk e. ResQlution No. 95-21 Beina a Resolution SupDorting a ~agnQstic Study of Silver Lake Motion by Jolly, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO, 95-21 RESOLUTION OF THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA, COMMITTING A SHARE OF THE FUNDING FOR A DIAGNOSTIC STUDY OF SILVER LAKE WHEREAS, a portion of Silver Lake is within the boundaries of Columbia Heights; and WHEREAS, Silver Lake provides water related leisure activities to the residents of Columbia Heights through Silver Lake Beach Park and the Silver Lake boat landing; and REGULAR COUNCIL MEETING APRIL 10, 1994 PAGE 11 WHEREAS, the water quality of Silver Lake has worsened over the years which reduces the potential for enjoyment of this resource; and WHEREAS, the Rice Creek Watershed District, Ramsey County, New Brighton, St. Anthony, the Silver Lake Homeowners Association and the City of Columbia Heights have jointly determined that a diagnostic study on the quality of sediment and inflow to Silver Lake will provide the date necessary to design and implement practices and improvements to restore the quality of the lake; and WHEREAS, the estimated cost of the diagnostic study is estimated at $17,000 and Rice Creek Watershed District is willing to fund $5,000 for the study if the three cities and the Homeowners Association will each contribute $3,000 and Ramsey County will provide the staff time to perform the monitoring; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota, that the City will commit to providing up to $3,000 in the 1996 budget for a diagnostic study of Silver Lake water quality. Dated this 10th day of April, 1995. Offered by: Seconded by: Roll call: Jolly Peterson Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary ATTEST: I hereby certify that the foregoing 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 10th day of April, 1995, as shown by the minutes of said meeting in my possession. Jo-Anne Student Deputy City Clerk REGULAR COUNCIL MEETING APRIL 10, 1995 PAGE 12 7. COMMUNICATIONS a. Traffic Commission The minutes of the April 3, 1995 Traffic Commission were in the agenda packet. 1. Request to Install Stop Sign on Johnson Street at Innsbruck Parkway Two members of the Council felt the sign was not warranted and would give a false sense of security. Other members of the Council felt the sign should be installed and monitored for the next few months. Staff was requested to investigate speed humps for this area. Motion by Peterson, second by Ruettimann to approve the installation of a stop sign on Johnson Street at innsbruck Parkway West, based on the recommendation of the Traffic Commission and this sign is to be evaluated by the Traffic Commission after September 1, 1995. Roll call: Ruettimann, Peterson, Sturdevant - aye Jolly, Petkoff - nay b. ~lannina and Zonina Commission The minutes of the April 4, 1995 Planning and Zoning Commission were in the agenda packet. No Council action was required as the minutes were for informational purposes only. 8. OLD BUSINESS There was no old business. 9. NEW BUSINESS a. Award of Asphaltic Material Motion by Jolly, second by Petkoff to award the bid and reauthorize the Mayor and City Manager to enter into an agreement to purchase the 1995 asphaltic materials contract with Koch Materials Company of St. Paul, Minnesota, based upon their low formal bid for the unit prices as stated in the council letter. Roll call: All ayes b. Authorization to Purchase Safety Equipment Motion by Ruettimann, second by Peterson to authorize the Police Department to purchase summer safety equipment from Uniforms Unlimited of Minneapolis and that funds be drawn from the Donation Account 883-42100-2172. Roll call: All ayes REGULAR COUNCIL MEETING APRIL 10, 1995 PAGE 13 c. Authorize Payment of the 1989 Property Taxes on the City Owned Buildina at 500 38th Avenue Northea~% Motion by Jolly, second by Petkoff to authorize payment from the General Fund-Government Buildings in the amount of $4,121.07 to Anoka County for 1989 property taxes on the city- owned property at 500 38th Avenue Northeast and to further authorize a budget appropriation to the General Fund- Government Buildings from General Fund-Undesignated Fund Balance in the amount of $4,121.07. Roll call: All ayes d. Award of 1995 Street and Parking Lane Striping Projec% Motion by Petkoff, second by Jolly to award the 1995 street and parking lane striping project to AAA Striping Service Company based on their low, qualified, responsible bid in the amount of $4,601.39 with $3,983.80 to be appropriated from Fund 212-43190-4000 and $617.59 to be appropriated from Fund 101-43170-4000 and furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Roll call: All ayes e. Award Purchase of Portable SouDd System Motion by Peterson, second by Jolly to award a contract for purchase and installation of an outdoor sound system to MTS- Northwest Sound of Minneapolis, Mn. for the quoted price of $6,862.00 to be paid from 412-45200-5130 and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes f. Award Playground Structure Motion byPeterson, second by Ruettimann to award the purchase of play structures for Mathaire and LaBelle (north) parks to Minnesota Playground of Golden Valley, Minnesota, for their low responsible total bid of $17,089.53 (including tax and package discount) to be paid for out of Fund 412-45200-5180 and furthermore, to authorize the Mayor and City Manger to enter into an agreement for the same. Roll call: All ayes g. City Council Board and Commission Representative ~ppointment Motion by Jolly, second by Peterson to appoint Rita Petkoff as Council Representative to the Cable Commission and' Joseph Sturdevant as Council Representative to the Human Services Commission. Roll call: All ayes REGULAR COUNCIL MEETING APRIL 10, 1995 PAGE 14 Authorize Sale of City Owned Lots Motion by Jolly, second by Ruettimann to direct City staff to seek proposals for the purchase of various city-owned lots. Roll call: All ayes i. Authorize Insurance Coveraae ..... -- - Motion by Petkoff, second by Jolly to authorize the Mayor and City Manager to enter into an agreementlwith American Agency for insurance coverage from 5-9-95 to'5-9-96 as quoted in their proposal with St. Paul Companies for property, general liability, police professional liability, liquor liability, automobile liability and comprehensive and other small coverages at a premium of $143,584 and authorize the Mayor and City Manager to enter into an agreement with American Agency for insurance coverage from 5-9-95 to 5-9-98 for public officials liability coverage with St. Paul Companies at an annual premium of $9,114. 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 item was discussed: Traffic. Flow Relative to New Restaurant on Central Avenue: Councilmember Jolly expressed concern regarding traffic flow resulting from the proposed restaurant on Central Avenue between 50th and 51st Avenues. The Public Works Director advised that no essential traffic changes are being made. He acknowledged there may be some traffic back up on 50th Avenue. This matter has not been considered by the Traffic Commission. b. Report of the City Attorney The City Attorney advised that the property being purchased by the Fierst Family on Maiden Lane will be addressed in court this week. There has been some delay in obtaining a clear title to the property. The City Attorney expects the Order to be signed so a clear title can be issued. CORRECTION TO APRIL 10, 1995 COUNCIL MEETING MINUTES: The following is the corrected motion with the correction highlighted/underlined: Motion by Petkoff, second by Jolly to authorize the Mayor and City Manager to enter into an agreement with American Agency for insurance coverage from 5-9-95 to 5-9-9~ as quoted in their proposal with St. Paul Companies for property, general liability, police professional liability, liquor liability, automobile liability and comprehensive and other small coverages at a premium of $143,584 and authorize the Mayor and City Manager to enter into an agreement with American Agency for insurance coverage from 5-9-95 to 5-9-98 for public officials liability coverage from St. Paul Companies at an annual premium of $9,114. Roll call: All ayes PLEASE PLACE ON THE AGENDA FOR THENARCHllTHCOUNCILMEETING. REGULAR COUNCIL MEETING APRIL 10, 1995 PAGE 15 ADJOURNMENT Motion by Ruettimann, second by Peterson to adjourn the meeting at 8:45 p.m. Roll call: All ayes ayor ~°seph Sturdevant o-Anne S{~dent'~C0uncil Secretary