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HomeMy WebLinkAboutJune 14, 1999OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING JUNE 14, 1999 1. CALL TO ORDER/ROLL CALL The Council Meeting was called to order by Mayor Peterson at 7:00 p.m. Present were Mayor Peterson and Councilmembers Szurek, Jolly, Wyckoff and Hunter. 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO THE MEETING AGENDA Item #11 had already been removed from the agenda when the final packet was sent out. The City Manager advised that the handout on the council table was to replace item #17 and that item #16 could be removed as it was combined with #17. 4. CONSENT AGENDA Motion by Jolly, second by Wyckoffto approve the consent agenda items as follows: 1) Approval of Meeting Minutes The Council approved the minutes of the May 24, 1999 Regular Council Meeting as presented. 2) Backlit Street Name Signing for University Avenue 37th to 49th Avenues The Council authorized the preparation of plans and specifications for the installation of backlit street signs on University Avenue from 37th to 49th Avenues and authorized the engineering consultant firm of BRW to perform the necessary plan preparation. 3) Limited Site Investigation for Waste Oil Tank Removal The Council accepted the low, qualified, responsible bid from Thatcher Engineering in the amount of $4,777.50 for conducting a limited site investigation at the MSC with 10% of the funding appropriated from Refuse Fund 603-49950-3050. 4) Authorization for Braun Intertec to Conduct Road Rater Testing on Zone 5 City Streets The Council authorized Braun Intertec Corp., Inc. to conduct road rater testing on Zone 5 streets, excluding C. S.A.H. for $1,000.00/mile plus mobilization with funding to be appropriated from 430-46323-3050 and authorized the Mayor and City Manager to enter into an agreement for the same. -1- 5) Municipal Service Center Basement Lighting Upgrades The Council authorized the acceptance of the low, qualified, responsible bid from Heights Electric in the amount of $9,520 to upgrade the Municipal Service Center basement with funding from 101-43121-5120, 601-49430-5120, 601-49450-5120 and 701-49950-5120. 6) Award Bid for Storm Sewer Work on 42nd Avenue and 2nd Street and Intersection of 42nd Avenue and 3rd Street The Council awarded the storm sewer work at 42nd Avenue and 2nd Street and at the intersection of 42nd Avenue and 3rd Street to Stepaniak Construction of East Bethel, Minnesota, in the amount of $9,130 from Sewer Construction Fund 652-49810-5130 and authorized the Mayor and City Manager to enter into an agreement for the same. 7) Approval of Resolution No. 99-65 and Award of Seal Coating Project #9901 (A) The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 99-65 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR SEAL COATING PROJECT, #1999-01 (A) TO ALLIED BLACKTOP COMPANY WHEREAS, pursuant to an advertisement for bids for 1999 Seal Coating Project #1999- 01 (a) bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Base Bid Allied Blacktop $53,181.00 Astech Corp. $57,864.36 WHEREAS, it appears that Allied Blacktop, 10503 89th Ave. No., Maple Grove, MN is the lowest responsible bidder. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: The Mayor and Clerk are hereby authorized and directed to enter into a contract with Allied Blacktop Company in the name of the City of Columbia Heights for 1999 Seal Coating Project #1999-01(A), according to plans and specifications therefore approved by the Council. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful -2- bidder and the next lower bidder shall be retained until the contract has been signed. City Project #1999-01(A) shall be funded with approximately 25% City funds and approximately 75% by assessments. Dated this 14th day of June, 1999. Offered by: Jolly Seconded by: Wyckoff Roll call: All ayes Mayor Gary L. Peterson Jo-Anne Student, Council Secretary 8) Change Order No. 1 for 1999 Street and Parking Lane Striping The Council authorized Change Order No. 1 for epoxy striping on Central Avenue to Precision Paving Marking in the amount of $6,296.30 with funding out of the State Aid Maintenance Fund. 9) Change Order No. 1 for Sullivan Lake Park Sanitary Sewer Improvements The Council authorized Contract Change Order No. 1 for relocation of electrical receptacle for exterior portable generator to extend the forcemain to manhole located on 51st Avenue to Penn Contracting of Blaine, Minnesota, in the amount of $7,410.10 with $6,190.10 reimbursed from the State of Minnesota MIF Grant and $1,200 from the Sewer Construction Fund 652-49712-5120. 10) Authorize Payment of Arbitrator's Fees The Council authorized the payment of $4,847 to Richard John Miller for the City's share of the arbitrator's fee and incurred expenses in the grievance arbitration between AFSCME Council 14 and the City of Columbia Heights. 11) First Reading - Ordinance No. 1395 - Amendment to Chapter 5A of City Code This item was removed from the agenda for further consideration. 12) Invoice for Values First/SACCC The Council approved the payment of $4,959 to Anoka County for the City of Columbia Heights 1999 calendar year dues. 13) Conditional Use Permit The Council approved a conditional use permit to allow a radio transmission tower on the property at 4700 Chatham Road, subject to the following conditions: -3- 1) All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2) The tower may be designed in a manner so that it can accommodate additional antennas in the future. Any addition of antennas will require a conditional use permit. 3) The parking lot shall be hard-surfaced and striped. 4) A parking lot striping plan shall be submitted for staff review and approval prior to the hard-surfacing of the lot. 15) Conditional Use Permit - 500 40th Avenue Northeast The Council approved the conditional use permit to allow a nonintoxicating 3.2 bar and grill and a dwelling unit on the second floor of the building at 500 40th Avenue NE, subject to the following conditions: 1) All required state and local codes, permits, and inspections including, but not limited to, building permits, fire code, and health department regulations will be met and in full compliance. 2) At no time shall space directly associated with the dwelling unit occupy the first floor of the building. This shall include, but not be limted to, kitchens, restrooms, and bedrooms. 3) The parking lot shall be striped in a manner that is consistent with the Zoning Ordinance. 4) All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance. 16. City Manager' s Compensation Adjustments This motion would increase the City Manager's compensation package by a simple motion. It was removed from the agenda. The matter was referred to 4-A-17. 17) Resolution No. 99-64 Being a Resolution Dealing with City Manager Compensation A substitute resolution was submitted for Council review by the Finance Director. The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 99-64 BEING A RESOLUTION DEALING WITH CITY MANAGER COMPENSATION WHEREAS, on May 24, 1999, the City Council met at an executive session to review the City Manager's compensation; and, WHEREAS, the City Council agreed to make modifications to the City Manager's compensation; -4- NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights does hereby make the following modifications to the City Manager's compensation: The City Manager should receive the same 3-1/2% pay adjustment as other employees retroactive to January 1, 1999. Increase the employer's contribution to deferred compensation for the City Manager by $5,000.00 for the calendar year 1999. Increase the City Manager's car allowance to $350.00 per month effective January 1, 1999. Passed this 14th day of June, 1999. Offered by: Jolly Seconded by: Wyckoff Roll call: All ayes Mayor Gary L. Peterson Jo-Anne Student, Council Secretary 18) Transfer of Funds From General Fund to Police Department to Repay Overtime Fund The Council approved the transfer of $418, the total amount received from Columbia Heights Independent School District #13 for off duty security worked, from the General Fund to the Police Department 1999 budget under line 1020, police overtime. The Council approved the transfer of $456, the total amount received from Columbia Heights Independent School District #13 for off duty security worked, from the General Fund to the Police Department 1999 budget under line 1020, police overtime. The Council approved the transfer of $1,064, the total amount received from Columbia Heights Independent School District #13 for off duty security worked, from the General Fund to the Police Department 1999 budget under line 1020, police overtime. The Council approved the transfer of $4,275, the total amount received from Norwest Bank for off duty security worked, from the General Fund to the Police Department 1999 budget under line 1020, police overtime. 19) First Reading of Ordinance No. 1394 - Sale of 545 and 549 38th Avenue Northeast The reading of the ordinance was waived there being ample copies available for the public. ORDINANCE NO. 1394 -5- BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AUTHORIZING THE CONVEYANCE OF CERTAIN REAL ESTATE AT 545 38TM AVENUE NE AND 549 38TM AVENUE NE The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights may convey unto Michael C. Wilder the real property at 545 38th Avenue NE described as follows, to wit: Lot 19 and the West Half of Lot 18, Block 83, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, and the South Half of the vacated alley lying North and adjacent thereto. Section 2: The City of Columbia Heights may convey unto Michael C.Wilder, the real property at 549 38th Avenue NE described as follows, to wit: Lot 17 and the East Half of Lot 18, Block 83, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, and the South Half of the vacated alley lying North and adjacent thereto. Section 3: The Mayor and City Manager are herewith authorized to execute deed to effectuate the conveyance of said real estate subject to the terms, purchase price, and conditions specified in the sale and development agreement. Section 4: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: June 14, 1999 The second reading of Ordinance No. approximately 7:00 p.m. 1394 was scheduled for June 28, 1999 at 20) Purchase of Folding Chairs for Murzyn Hall The Council appropriated $7,500 from the General Fund Undesignated Fund Balance to the Murzyn Hall budget and authorized the Mayor and City Manager to enter into an agreement to purchase new chairs from Adirondack at a cost of $6,611.58. 21) Authorize Contract for Proposal of Assistance with Bond Referendum The Council appropriated $9,800 from the General Fund Undesignated Fund Balance to Mayor and Council budget and authorized the Mayor and City Manager to enter into an agreement with Ingraham and Associates for Park and Recreation Bond Referendum Assistance Proposal dated May 24, 1999 at a cost not to exceed $9,800 with funds form 101-41110-3050. 22) Information Systems Department Staffing -6- The Council established the 1999 and 2000 salary ranges for the position of Information Systems Technician as follows: Information Systems Director - 1999; Entry, $3,934; 6 months, $4,069; 1 year, $4,203; 2 year, $4,337; 3 year, $4,471: 2000, Entry, $4,072, 6 month, $4,211, 1 year, $4,349, 2 year, $4,488 and 3 year, $4,627; Information Systems Technician; 1999 - Entry, $2,765, 6 month, $2,859, 1 year, $2,953,2 year, $3,048 and 3 year, $3,142; 2000- Entry $2,862, 6 month, $2,959, 1 year, $3,057, 2 year, $3,154 and 3 year, $3,252. 23) Metropolitan Council Planning Grant Amendment The Council approved the Amendment and Extension of the Metropolitan Council Local Planning Assistance Program Grant Agreement #SG-97-140-D between the City of Columbia Heights and Metropolitan Council and authorized the Mayor and City Manager to enter into an agreement for the same. 24) Reallocation of 1994 and 1995 HOME Funds The Council authorized and directed the City Manager to inform Anoka County of the request to reallocate 1994 and 1995 unexpended HOME Funds to be applied to the Real Estate Equities Development Company application and authorized the City Manager to forward said notification to Anoka County and to execute all documentation necessary to implement this request. 25) Payment of the Bills The Council authorized the payment of the bills as listed out of proper funds. 26) Approval of License Applications The Council approved the license applications as listed. Former Mayor Studevant stated his opinion regarding the increase to the City Manager's deferred compensation. He suggested the $5,000 increase be distributed to the other City employees rather than being given to the City Manager. Roll call on Consent Agenda: All ayes 5. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A. Humanitarian of the Year Mayor Peterson congratulated Kaye Stickler on being selected as the Humanitarian of the Year. She was presented with a plaque from the City and other gift donations. B. Mediation Services Presentation The representative of Mediation Services rescheduled her presentation for the June 28th Council Meeting. -7- 6. PUBLIC HEAR1NGS A. Second Reading/Public Hearing of Ordinance No. 1391 Pertaining to Council Meetings Motion by Szurek, second by Wyckoffto waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1391 BEING AN ORDINANCE AMENDING CHAPTER 3, SECTION 16, OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO COUNCIL MEETINGS The City of Columbia Heights does ordain: Section 1: Chapter 3, Section 16, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: 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 the 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 the first Monday in January following that regular municipal election. 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 twelve (12) 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: 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 the 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 the first Monday in January following that regular municipal election. 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 three (3) days' notice to each member of the council. Such notice shall be posted and shall be -8- delivered personally to each member or shall be left with some responsible person at the member's usual place of residence. The mayor, any two members of the council, or the city manager, may call special emergency meetings of the council. The Council shall make good faith efforts to provide notice of the meeting. Posted or published notice of any such emergency meeting shall not be required. An emergency meeting shall be defined as a special meeting called because of circumstances that, in the judgment of the mayor, any two council members, or the city manager, require immediate consideration. 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 2: 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: May 24, 1999 June 14, 1999 June 14, 1999 Offered by: Szurek Seconded by: Wyckoff Roll call: All ayes Mayor Gary L. Peterson Jo-Anne Student, Council Secretary B. Second Reading/Public Hearing of Ordinance No. 1392 Pertaining to Payment of Assessments Motion by Hunter, second by Szurek to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1392 BEING AN ORDINANCE AMENDING CHAPTER 8, SECTION 83 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO PAYMENT OF ASSESSMENTS The City of Columbia Heights does ordain: Section 1: Chapter 8, Section 83 of the Charter of the City of Columbia Heights which currently reads as follows, to wit: The council may provide for payment in a lump sum or in annual installments for a period of not over ten -9- years, and it shall provide for extending payments over a period of years if so requested in the property owners' petition. All interest charges and miscellaneous costs shall, if not previously paid, be included in the tax bill for the last installment of such assessment. The council shall provide by ordinance a uniform rule as to the number of years over which payments for various local improvements shall be extended. IS HEREWITH AMENDED TO READ AS FOLLOWS: The council may provide for payment in a lump sum or in annual installments for a period of not over thirty years, and it shall provide for extending payments over a period of years if so requested in the property owners' petition. All interest charges and miscellaneous costs shall, if not previously paid, be included in the tax bill for the last installment of such assessment. The council shall provide by ordinance a uniform rule as to the number of years over which payments for various local improvements shall be extended. Section 2: 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: May 24, 1999 June 14, 1999 June 14, 1999 Offered by: Seconded by: Roll call: Hunter Szurek All ayes Mayor Gary L. Peterson Jo-Anne Student, Council Secretary C. Second Reading/Public Hearing of Ordinance No. 1393 Pertaining to SACA Rezoning Motion by Wyckoff, second by Szurek to waive the reading of the ordinance there being ample copies available for the public. ORDINANCE NO. 1393 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE REZONING OF CERTAIN PROPERTY Section 1: That certain property legally described as Lots 40, 41, 42,and 43 including half the vacated -10- alley lying adjacent thereto, block 84, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. Section 2: To authorize and direct staff to amend the official zoning map to reflect the change in zoning from R-3, Multiple Family Residential District, to I, Industrial District, upon effective date of said ordinance. Section 3: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: May 24, 1999 June 14, 1999 June 14, 1999 Offered by: Wyckoff Seconded by: Szurek Roll call: All ayes D. Second Reading/Public Hearing - Ordinance No. 1390, Alley Vacation Motion by Jolly, second by Szurek to waive the reading of the ordinance there being ample copies available for the public. ORDINANCE NO. 1390 BEING AN ORDINANCE AMENDING ORDINANCE NO.853 CITY CODE OF 1977, VACATING A CERTAIN ALLEY EASEMENT The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights herewith vacates the public alley over, across, and under the following described property, to wit: The alley running west to east, from north-south alley to Jefferson Street N.E., adjacent to the north side of Lots 13, 14, 15, 16, and 17, and to the south side of Lot 12 including that portion of the alley adjacent to Lot 12, Block 55, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, commencing 20 feet south of the Northwest corner of said Lot 12, a distance of 10 feet south, thence at right angle east for a distance of 10 feet, thence northwesterly to the point of beginning and there terminating, excepting and reserving a drainage and utility easement over, under and across said vacated public alley.. Section 2: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: May 10, 1999 -11- Second Reading: Date of Passage: June 14, 1999 June 14, 1999 Offered By: Jolly Seconded By: Szurek Roll Call: All ayes Gary L. Peterson, Mayor Jo-Anne Student, Council Secretary 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions None B. Bid Considerations None C. Other Business 1) Authorization Request to Purchase New Passenger Van Staff was directed to prepare a draft policy for use of this vehicle by community groups for a Council work session. Motion by Hunter, second by Wyckoff to authorize the Mayor and City Manager to enter into an agreement to purchase a new passenger van from the State contract for the cost of $21,466 plus tax with $20,000, excluding tax, coming from Fund 101-45040-5150 and the remainder coming from Fund 881- 45002-5150. Roll call: All ayes 2) Conditional Use Permit - 2101 37th Avenue Northeast Motion by Szurek, second by Wyckoffto approve the conditional use permit to allow the operation of a fresh floral and silk flower retail store in an accessory structure at 2101 37th Avenue Northeast provided that the building will be demolished after this business ceases operation or is discontinued for six months or more. Roll call: All ayes 3) Conditional Use Permit - 4555 University Avenue Northeast -12- A petition was submitted with signatures of property owners near this building. The petitioners stated their opposition to the proposed outside pet exercise area. Their concern was with the potential for noise and odor. The owner of the property sent a letter to the Council stating his proposal to delay the installation of the exercise area for one year. He would then install the exercise area if he received support from 75% of those neighbors who signed the petition. Motion by Jolly, second by Szurek to approve the conditional use permit to allow the veterinary clinic and hospital to operate at 4555 University Avenue Northeast, subject to the following conditions: 1) All required state and local codes, permits and inspections including, but not limited to, building permits, fire code and health department regulations will be met and in full compliance. 2) The parking lot shall be striped in a manner that is consistent with the Zoning Ordinance. 3) A parking lot striping plan shall be submitted for staff review and approval prior to the striping of the lot. 4) All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance. 5) Screening shall be continued along the south property line. 6) Any time after one year, the veterinarian would be allowed to construct an outdoor exercise area (within the guidelines set by the Planning and Zoning Commission) by petitioning those listed on the resident petition based on 75% of those residents agreeing to allow the exercise area. There would be no need to apply for another conditional use permit. Roll call: All ayes 4) Appoint Architectural Consultant for Space Needs Study Motion by Szurek second by Wyckoffto award the proposal for preparing a Municipal Facilities Space Needs Study to Buetow & Associates based upon their proposal dated May 25, 1999 for a fee not to exceed $14,750.00 with funds to be appropriated from Fund 101-41110-3050; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for same. Roll call: All ayes 8. ADMINISTRATIVE REPORTS A. Report of the City Manager The City Manager reminded the Council and staff he would be attending the League of Minnesota Cities in Rochester, Minnesota. B. Report of the City Attorney The City Attorney had nothing to report at this time. 9. GENERAL COUNCIL COMMUNICATIONS -13- A. Minutes of Board and Commission Meetings The following minutes were included in the agenda packet: May 26, 1999 Park and Recreation Commission Meeting, the May 20, 1999 Telecommunications Commission Meeting and the June 7, 1999 Traffic Commission Meeting. No Council action was necessary. 10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA Matt Linngren, an employee of the Recreation Department, advised the Council that the seventeen employees hired to operate the park summer programs are trained and ready to assume their duties. He felt they were outstanding. He reviewed some of the programs being offered this summer noting that registrations are very good. A resident has an inquiry regarding the installation of a mid-block light. Councilmember Jolly requested, that in the future, when carnivals request permits or licensing in the City, the Council be made specifically aware of these requests. A status report was given on the progress of the Values First banner being prepared for installation in the Council Chambers. The dates and locations in the parks for the Police Department picnics were noted as was the grass trimming which was done on University Avenue. Cable problems being experienced in the City were discussed as were preparations for Y2K compliance issues. 11. ADJOURNMENT Motion by Wyckoff, second by Hunter to adjourn the Council Meeting at 9:00 p.m. Roll call: All ayes Respectfully submitted, Jo-Anne Student, Council Secretary -14-