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HomeMy WebLinkAboutJuly 28, 1997 (2)OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING JULY 28, 1997 CALL TO ORDER/ROLL CALL Mayor Sturdevant called the Council Meeting to order at 7:00 p.m. Mayor Sturdevant and Councilmembers Jones, Jolly, Ruettimann and Peterson were present. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO THE MEETING AGENDA Added to the Other Business portion of the agenda was a block party request for 4908 Sixth Street and Authorization for transmission repair of a pumper truck. CONSENT AGENDA (Items on the Consent Agenda are considered to be routine by the City Council and are enacted as part of the Consent Agenda by one motion) A. Motion by Peterson, second by Sturdevant to adopt the Consent Agenda items as listed below: 1) Adopt Council Minutes The Council adopted the minutes of the July 14, 1997 Regular Council Meeting. 2) A~Dtication for One Time Gambling Request by East River Hockey Associaticn The Council directed the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a one-time bingo event to be conducted by East River Hockey Association, Inc. at the Church of the Immaculate Conception, 4030 Jackson Street Northeast, Columbia Heights, Minnesota on August 9 and 10, 1997; and furthermore, that the City Council hereby waives the remainder of the thirty day notice to the local governing board. 3) Chanqe Order to Install 5' Diameter Catch Basin on Polk Street and Insulate Catch Basin on Leander Lane The Council authorized Contract Change Order #3 to install 5' diameter catch basin on Polk Street and insulate catch basin on Leander Lane to Midwest Asphalt Corporation in the amount of $1,535.00. REGULAR COUNCIL MEETING JULY 28, 1997 PAGE 2 4) Establish Hearinq Date for License Revocation, Rental Property at 643 40th Avenue The Council established a hearing date of August 11, 1997 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Michael Ryen for rental property at 643 40th Avenue. 5) Establish Hearinq Date for License Revocation, Rental ProDerty at 943 42nd Avenue The Council established a hearing date of August 25, 1997 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against James J. Egge and John Ansosrge for rental property at 943 42nd Avenue. 6) Block Party Request - St. Matthew Church The Council approved the request of Darlene Buboltz of St. Matthew Lutheran Church, 4101 Washington Street Northeast, to block off Washington Street from 41st Avenue to 42nd Avenue Northeast for a block party from 6:00 p.m. to 9:00 p.m. on Tuesday, August 5, 1997. 7) NATOA Conference - Assistant to the City Manaqer The Council authorized the attendance of Linda Magee, Assistant to the City Manager, at the National Association of Telecommunications Officers and Advisors Conference to be held in Tucson, Arizona, from September 7-10, 1997, and that all related expenses be reimbursed from Funds 225-49844-3105 and 225-49844-3320. 8) Establish New Salary Ranqe for Assistant Fire Chief The Council established a new monthly salary range for the position of Assistant Fire Chief as follows: 1997 Proposed: Entry, $3,914; 6 Months, $4,048; 1 Year, $4,181; 2 Years, $4,315; 3 Years, $4,448: 1998 Proposed: Entry, $4,052; 6 Months, $4,190; 1 Year, $4,328; 2 Years, $4,466; 3 Years, $4,604. 9) Block Party Request - Rosalie Hansen, LaBelle Condos The Council approved the request of Rosalie Hansen, 1011 41st Avenue, Unit 220, to block off the 41st Avenue Northeast cul- de-sac parking lot for a block party from 5:00 p.m. to 8:30 p.m. on August 5, 1997. 10) Authorization to Purchase ReDlacement DumD Truck The Council authorized the purchase of a new 1998 single axle Ford L8511 cab and chassis with dump box, front plow, underbody plow and sander under the State of Minnesota Contract. T-ii3(5) and authorized the Mayor and City Manager to enter into a contract for the same. REGULAR COUNCIL MEETING JULY 28, 1997 PAGE 3 11) Medtronic, Inc. Expansion Project Aqreement for Loan of MIF The Council approved the Agreement for Loan of Minnesota Investment Fund between the City of Columbia Heights and Medtronic, Inc. and authorized the Mayor and City Manager to enter into an agreement for the same. 12) Approval of Block Party Request - Fred Zajac, 4926 Monroe Street The Council approved the request of Fred Zajac, 4926 Monroe Street Northeast, to conduct a block party on Tuesday, August 5, 1997, from 6:00 p.m. to 8:30 p.m. with barricades blocking off Monroe Street between 49th Avenue and 50th Avenue and also 49 1/2 Avenue at Jackson Street for a block party from 6:00 p.m. to 8:30 p.m. on August 5, 1997. 13) Establish Council Work Session Dates The Council established Monday, August 4, 1997 at 6:30 p.m. and Monday, August 18, 1997 at 7:00 p.m. as dates and times for Council work sessions to be held in the City Hall Conference Room. 14) Approval of Payment of the Bills The Council approved the payment of the bills as listed out of proper funds. 15) Approval of License Applications The Council approved the license applications as listed. 16) Request Beer/Sullivan Park The Council approved the request of Carol Menken of Medtronic, Inc. to serve 3.2 beer and non-intoxicating wine coolers in Sullivan Park on Thursday, August 14, 1997 from 8:00 a.m. to 5:00 p.m. Roll call on Consent Agenda: Ail ayes Recoqnitions, Proclamations, Presentations and Guests A. Presentation of Plaque to Tom Hosch Tom Hosch retired recently. He was a thirty-eight year employee of the City. B. Presentation of Clock to Gary Larson Gary Larson recently resigned from the Planning and Zoning Commission. He served on the Commission for seven years. REGULAR COUNCIL MEETING JULY 28, 1997 PAGE 4 o C. Introduction of Newly-Hired City Employees The following newly-hired City employees were introduced: Dana. Mattson, Maintenance I and Marti Madsen, Recreation Program Coordinator. PUBLIC HEARINGS There were no public hearings. ITEMS FOR CONSIDERATION A. Other Resolutions and Ordinances 1) Resolution Nos. 97-43 and 97-45 Beinq Resolutions AuthorizinH Application for PlanninH Assistance Grant Metropolitan Council Local The City Planner explained what this'planning assistance grant entails and which six cities are participating in the joint grant application. Members of the Council expressed some concern with the financial exposure this may bring to Columbia Heights. It wasl requested that some safeguards be included which would limit the exposure of the City. It was requested that the understanding be that the City's exposure be only up to Sz,000. Motion by Ruettimann, second by Jolly to waive the reading of Resolution No. 97-43 there being ample copies available for. the public. Roll call: All ayes RESOLUTION NO. 97-43 BEING A RESOLUTION AUTHORIZING APPLICATION FOR METROPOLITAN COUNCIL LOCAL PLANNING ASSISTANCE GRANT WHEREAS, the Metropolitan Council has been authorized to provide planning assistance grants to assist local communities in meeting comprehensive planning requirements; and WHEREAS, the City of Columbia Heights is required by State' Statute to complete an update to the Comprehensive Plan by December 31, 1998. REGULAR COUNCIL MEETING JULY 28, 1997 PAGE 5 NOW, THEREFORE, BE IT RESOLVED THAT, the City of Columbia Heights has prepared an application for submission requesting $18,750 to complete the Comprehensive Plan Update according to the Metropolitan Land Planning Act and the Metropolitan Council's guidelines with funds available through the Metropolitan Council; and furthermore, that $6,250 has been budgeted and appropriated through local funds of the City of Columbia Heights as the required local match of said update. Passed this 28th day of July, 1997. Offered by: Seconded by: Roll call: Ruettimann Jolly All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Motion by Ruettimann, second by Sturdevant to waive the reading of Resolution No. 97-45 there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 97-45 CITY OF COLUMBIA HEIGHTS AUTHORIZING APPLICATION FOR A METROPOLITAN COUNCIL PLANrNING ASSISTANCE GRANT WHEREAS, Minnesota Statutes sections 473-851 requires local units of government to prepare local comprehensive plans with land use controls that are consistent with planned, orderly and staged development and with metropolitan system plans; and WHEREAS, Minnesota Statutes sections 473-854 and 473-867 authorize the Metropolitan Council to prepare and adopt guidelines establishing uniform procedures for the award and disbursement of planning assistance grants and loans; and WHEREAS, Minnesota Statutes 473-867 authorizes the Council to give funding to local units of government to review and amend their local comprehensive plans, fiscal devices and official controls; and WHEREAS, the city requires a planning assistance grant to complete comprehensive planning activities, specifically a life cycle housing study to assist in preparation of the housing element and official controls; REGULAR COUNCIL MEETING JULY 28, 1997 PAGE 6 NOW, THEREFORE, BE IT RESOLVED that the city manager is hereby authorized to submit an application to the Metropolitan Council for a planning assistance grant to update and revise the city's comprehensive plan; and BE IT FURTHER RESOLVED that a certified copy of this resolution shall be submitted as part of the planning assistance grant application. This resolution adopted by recorded vote of the city of Columbia Heights in open session on the 28th day of July, 1997. Offered by: Seconded by: Roll call: Ruettimann Peterson Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 2) First Readinq of Ordinance No. 1350 Being an Ordinance Amendinq Ordinance No. 853, C.i~y Code of 1977, Pertaininq to Construction of Fences and Retaining Walls The City Planner explained the intention of this ordinance. She was requested to clarify the language of the Council Letter for the second reading. Motion by Ruettimann, second by Jones to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1350 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND PERTAINING TO CONSTRUCTION OF FENCES AND RETAINING WALLS The City of Columbia Heights does ordain: 6.401 (1) No person, firm, partnership 'or corporation shall construct, or cause to be constructed, or erected within the City any fence, (six) 6 feet or higher, without securing a permit therefore from the Building Official who shall require submission of an application prior to issuance of a permit. 6.401 (2) For purposes of this section, the following words shall have the meaning ascribed to them: REGULAR COUNCIL MEETING JULY 28, 1997 PAGE 7 (a) A fence is any partition, structure, wall or gate erected as a dividing marker, barrier, or enclosure of a permanent nature. (b) A privacy fence is a fence more than forty-two (42) inches in height which is constructed in a manner so as to completely obstruct view from the property on which the fence is located to the property immediately adjacent and on the opposite side of such fence. (c) Front yard is any portion within the front yard setback. 6.401 (3) The written application shall be submitted to the Building Official setting forth the type of fence proposed, the materials to be used therefor, the height of the proposed fence, and the exact location of the proposed fence. 6.401 (4) Ail boundary line fences shall be located entirely upon the private property of the person, firm or corporation constructing or causing the construction of such fence unless the owner of the adjoining property agrees in writing that such a fence may be erected on the division line of the respective properties. In the case of a property line dispute, the Building Inspector may require the owner of the property upon which a fence now exists to cause to establish a boundary line of his/her property by survey thereof to be made by a registered land surveyor. The Building Official may similarly require any applicant for a fence permit to obtain a similar survey. However, the Building Official shall not become an arbitrator of boundary disputes between private persons. 6.402 (1) Fences, free standing walls, and retaining walls shall be constructed in a substantial and workmanlike manner to withstand conditions of soil, weather and use, and of substantial material reasonably suited to the purpose for which the fence, free standing wall or retaining wall is proposed to be used. No previously used materials such as old barn boards or railroad ties may be used in any fence, free standing wall or retaining wall within the City. Minimum standards for construction of fences, free standing walls and retaining walls shall be prescribed hereinafter. 6.402(2) Ail fences shall be constructed of the following approved fencing materials: REGULAR COUNCIL MEETING JULY 28, 1997 PAGE 8 (a) Galvanized or vinyl coated woven fabric minimum eleven and one-half (11 1/2) gauge, with two (2) inch maximum mesh, with knuckles up and cut edge down. (b) Approved vinyl fencing materials. (c) Treated wood or wood of natural materials resistant to decay. 6.402 (3) Ail fences shall be constructed with the posts on the inside of the fence with the finished side facing the adjacent properties. 6.402 (4) Retaining walls or free standing walls shall be constructed in the following manner: (a) Retaining walls and cribbing shall be used to stabilize steep slopes or prevent erosion. (b) They shall be designed in accordance with sound engineering practice; including, but not limited to, a minimum. four (4) inch concrete footing of appropriate width and drains of appropriate type, size and spacing. (c) Cribbed slopes shall be appropriately planted if open faced cribbing is used. (d) The retaining wall or free standing wall shall be: constructed in a manner that presents a finished appearance to the adjoining property where applicable. (e) With regard to measuring the permissible height of fences which consist of or include retaining walls, terracing may not be used as a device to exceed the height limitations of this Chapter. In the case of terraced walls or fences, each terraced wall or fence will be added to the height of the lowest span of wall or fence to the extent that it exceeds the said lowest span for purposes of determining the height of a wall or fence under this Chapter, and the said total of those measurements shall be considered as the height of a single fence or wall hereunder. 6.403 (1) Barbed wire fences shall not be permitted, used or' constructed except in industrial districts and upon property used for. public purposes. REGULAR COUNCIL MEETING [UJLY 28, 1997 PAGE 9 Every fence so constructed under this Section and any fence existing at the time of the passage of this Section shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or dangerous. Any property owner who receives notice from the Building Official that his/her fence is in a state of disrepair or is dangerous shall repair said fence within thirty (30) days after receipt of written notice to abate said condition by the Building Official. 6.403 (2) A six (6) foot cr ~-~- .~.=..~r privacy fence may be constructed only if: time of submitting an application. (b) Any such fence to be constructed or maintained in the front yard of any corner lot w~-~-~ ~ ~ .... ~ ~' ~ ~ frcm ~ .... ~ ztrccts cf ~~~.~ a~rcacklng within thirty (~0) feet as ......... ~ ~ ~ .... ~ ~ ~ ~dj intersection The Building Official shall determine the maximum allowable height for fences on a corner lot in accordance with his personal observations and findings relating to visibility. 6.403 (4) (c) Any such fence will not be more than forty-two (42) inches high ~ .... ~ .... ~ ...... ~ ...... ~ ~ ~ areas and ~= a ccrncr lot, ,,' ~ ~ ~ ....... ~ ....... yard 6.403 (5) Fences for special purposes and fences differing in construction, height or length may be permitted in any district in the City by the issuance of a special fence permit recommended by the Planning and Zoning Commission and approved by the Council upon proof and reasons submitted by the applicant and upon showing to said bodies that such special fence is necessary to protect, buffer, or improve the premises for which such fence is intended. Notice of any application for any special purpose fence shall, before consideration thereof, first be served upon all abutting properties of such applicant with proof of service filled with the Planning and Zoning Commission. Such special fence permit, if issued, may stipulate and provide for the height, location, construction and type of special fence thereby permitted. is hereby amended to read as follows: REGULAR COUNCIL MEETING JULY 28, 1997 PAGE 10 6.401 (1) No person, firm, partnership or corporation shall construct, or cause to be constructed, or erected within the City any fence, 6 (six) feet o~ higher, without securing a permit therefore from the Building Official who shall require submission of an application prior to issuance of a permit. 6.401 (2) For purposes of this section, the following words shall have the meaning ascribed to them: (a) A fence is any partition, structure, wall or gate erected as a dividing marker, barrier, or enclosure of a permanent nature. (b) A privacy fence is a fence more than forty-two (42) inches in height which is constructed in a manner so as to completely obstruct view from the property on which the fence is located to the property immediately adjacent and on the. opposite side of such fence. (c) Front yard is any portion within the setback. front yard, 6.401 (3) The written application shall be submitted to the Building Official setting forth the type of fence proposed, the materials to be used therefor, the height of the proposed fence, and the exact location of the proposed fence. 6.401(4) Ail boundary line fences shall be located entirely upon the private property of the person, firm or corporation constructing or causing the construction of such fence unless the owner of the adjoining property agrees in writing that such a fence may be erected on the division line of the respective properties. In the case of a property line dispute, the Building Inspector may require the owner of the property upon which a fence now exists to cause to establish a boundary line of his/her property by survey thereof to be made by a registered land surveyor. The Building Official may similarly require any applicant for a fence permit to obtain a similar survey. However, the Building Official shall not become an arbitrator of boundary disputes between private persons. 6.402 (1) Fences, free standing walls, and retaining walls shall be constructed in a substantial and workmanlike manner to withstand conditions of soil, weather and use, and of substantial material reasonably suited to the purpose for which the fence, free standing wall or retaining wall is proposed to be used. REGULAR COUNCIL MEETING JULY 28, 1997 PAGE ! 1 No previously used materials such as old barn boards or railroad ties may be used in any fence, free standing wall or retaining wall within the City. Minimum standards for construction of fences, free standing walls and retaining walls shall be prescribed hereinafter. 6.402 (2) Ail fences shall be constructed of the following approved fencing materials: (a) Galvanized or vinyl coated woven fabric minimum eleven and one-half (11 1/2) gauge, with two (2) inch maximum mesh, with knuckles up and cut edge down. (b) Approved vinyl fencing materials. (c) Treated wood or wood of natural materials resistant to decay. 6.402 (3) Ail fences shall be constructed with the posts on the inside of the fence with the finished side facing the adjacent properties. 6.402 (4) Retaining walls or free standing walls shall be constructed in the following manner: (a) Retaining walls and cribbing shall be used to stabilize steep slopes or prevent erosion. (b) They shall be designed in accordance with sound engineering practice; including, but not limited to, a minimum four (4) inch concrete footing of appropriate width and drains of appropriate type, size and spacing. (c) Cribbed slopes shall be appropriately planted if open faced cribbing is used. (d) The retaining wall or free standing wall shall be constructed in a manner that presents a finished appearance to the adjoining property where applicable. (e) With regard to measuring the permissible height of fences which consist of or include retaining walls, terracing may not be used as a device to exceed the height limitations of this Chapter. In the case of terraced walls or fences, each terraced wall or fence will be added to the height of the lowest span of wall or fence to the extent that it exceeds the said lowest span for purposes of determining the height of a wall or fence under this Chapter, and the said total of those measurements shall be considered as the height of a single fence or wall hereunder. REGULAR COUNCIL MEETING JULY 28, 1997 PAGE 12 6.403 (1) Barbed wire fences shall not be permitted, used or constructed except in industrial districts and upon property used for public purposes. Every fence so constructed under this Section and any fence existing at the time of the passage of this Section shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or dangerous. Any property owner who receives notice from the Building Officiat that~his/her fence is in a state of disrepair or is dangerous shall repair said fence within thirty (30) days after receipt of written notice to abate said condition by the building Official. 6.403 (2) A six and one-half (6 1/2) foot high privacy fence may be constructed only within property lines and shall not extend beyond the front corners of the main structure (house). Any fence higher than six and one-half (6 1/2) feet would require a Special Purpose Fence Permit approved by th~ Planninq and ZoninG Commission and City Council. (a) A site plan and construction plan for the fence location must be approved by the Building Inspection/PlanninG Department staff and a Buildinq Permit is issued. (b) Any such fence to be constructed or maintained in the front yard (limited to forty-two (42) inches) or on a corner lot, no construction shall be permitted in excess of thirty (30) inches above the abutting curb line shall be permitted. within a triangular area as defined as follows: BeGinninG at the intersection of the projected curb line of two intersecting streets, then thirty (30) feet along one curb line, then diagonally to a point thirty (30) feet from the point of beqinninq on the other curb line then to point of beginninG. The Building Official shall determine the maximum allowable height for fences on a corner lot in accordance with his personal observations and findings relating to visibility. 6.403 (4) (c) Any such fence will not be more than forty-two (42) inches high when constructed anywhere within the front yard setback area up to the front corners of the maid structure (house). 6.403 (5) Fences for special purposes and fences differing in construction, height or length may be permitted in any district in the City by the issuance of a special fence permit REGULAR COUNCIL MEETING JULY 28, 1997 PAGE 13 recommended by the Planning and Zoning Commission and approved by the Council upon proof and reasons submitted by the applicant and upon showing to said bodies that such special fence is necessary to protect, buffer, or improve the premises for which such fence is intended. Notice of any application for any special purpose fence shall, before consideration thereof first be served upon all abutting properties of such applicant with proof of service filled with the Planning and Zoning Commission. Such special fence permit, if issued, may stipulate and provide for the height, location, construction and type of special fence thereby permitted. This Ordinance shall be in full force and effective January 1, 1998. First Reading: July 28, 1997 Motion by Ruettimann, second by Jones to establish the second reading of Ordinance No. 1350 for August tl, 1997. Roll call: Ail ayes 3) Resolution No. 97-44 Bein~ a Resolution to Rename Mathaire Park as Curt Ramsdel! Park Motion by Jones, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes A long time resident of the City advised the Council that "Mathaire" is Gaelic for "mother." The park was not named for an individual, but the park land was donated by residents of Irish extraction. They chose the name for the area development as well as the Park. Councilmember Ruettimann suggested that staff place a plaque in the park indicating the origin of the name "Mathaire" and the reason for renaming it "Curt Ramsdel! Park." He also recommended Park Department staff meet with the resident to discuss this suggestion and to research more history. RESOLUTION NO. 97-44 CHANGING NAME OF MATHAIRE PARK WHEREAS: The name of Mathaire Park refers only to its location; and REGULAR COUNCIL MEETING JULY 28, 1997 PAGE 14 WHEREAS: With the exception of Edgemoor, Hilltop, Mathaire and Lomianki Parks, the names of all the parks in Columbia Heights were chosen to recognize individuals who made significant. contributions to the community or performed some meritorious service; and WHEREAS: Officer Curt Ramsdell was slain in line of duty; and WHEREAS: July 30, 1977 is the twentieth anniversary of this tragic event; and WHEREAS: A request has been made to have Mathaire Park renamed Curt Ramsdell Park to honor his memory. NOW, THEREFORE, BE IT RESOLVED, that as of this date, Mathaire Park will be renamed Curt Ramsdell Park; that this change will be recognized on City maps; and, that appropriate signage will be erected in Curt Ramsdell Park identifying it. Passed this 28th day of July, 1997. Offered by: Seconded by: Roll call: Jones Peterson All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary B. Bid Considerations There were no bid considerations. C. Other Business 1) Variance Request - Roqer P. Reiter, 4220 Central Avenue, Case #9707-23 The City Planner explained why staff is recommending denial of this variance request for replacement of a non-conforming sign. The property is located in a "LB", Limited Business District. The proposed sign will be non-conforming due to its size which is too large for the zoning district. Councilmember Ruettimann requested staff to research the history.~nd background of the LB District and report back to the Council in two months. REG~ COUNCIL MEETING JULY 28, 1997 PAGE 15 A consensus of the Council was that all the LB zoning in the City be reviewed before any changes are made. Mr. Reiter was also requested to submit a drawing or rendering of the sign he is proposing for installation. Motion by Peterson, second by Ruettimann to deny.the variance request to utilize the 84 square foot sign as no hardship exists. Roll call: Ail ayes 2) Reinstatement of Lynde Investment Rental Licenses Motion by Peterson, second by Jones to reinstate the revoked rental licenses for properties owned by Linde Investments as recommended by the City Attorney and as the buildings have been inspected by the Housing Maintenance Code Inspectors and the Building Inspector. Roll call: All ayes 3) Police & Fire Reserve Appreciation Dinner Motion by Peterson, second by Jolly to authorize the appropriation of $3,080 in the general fund civil defense department budget for volunteer recognition, with the appropriation coming from the recognition/special events department fund balance in the general fund, and to authorize the Mayor and City Manager to enter into an agreement with Chanhassen Dinner Theaters for this appreciation event. Roll call: Ail ayes 4) Security System at Murzyn Hall Motion by Ruettimann, second by Peterson to authorize staff to seek bids for the purchase and installation of a security system at Murzyn Hall. Roll call: All ayes 5) Block Party Request - Edwin Eaton, 4908 6th Street Motion by Peterson, second by Sturdevant to approve the request of Edwin Eaton, 4908 6th Street to block off Sixth Street between 49th Avenue and 50th Avenue for a block party from 5:30 p.m. to 9:00 p.m. on AQgust 5, 1997. Roll call: Ail ayes 6) Emerqency Repair of Transmission on Pumper Truck 3783 Motion by Jolly, second by Ruettimann to authorize the repair of the transmission of Pumper Truck #3783 by Interstate Detroit Diesel based on the estimate of $4,822.50; and furthermore, to authorize the City Manager to enter into an agreement for the same. Roll call: All ayes REGULAR COUNCIL MEETING JULY 28, 1997 PAGE 16 10. ADMINISTRATIVE REPORTS A) Report of the City ManaGer The City Manager had no report. The Public Works Director advised that a firm proposal has been received from H.E.R.C. to reclean the Innsbruck line and to put in an expoxy lining in the Innsbruck line and the Argonne line. The associated costs will be $74,000. Councilmember Jolly inquired what is being done regarding the erosion of Jackson Pond and the damaged screening on the east side of the Pond. The Public Works Director responded he will provide an overview and work plan at the next Council work session which will address these issues. He noted that maintenance of the east side screening is the responsibility of the property owner who will be notified by staff. Other issues discussed with staff included the extension of the surface at Precision Tune on 44th Avenue and its impact on the sidewalk/retaining wall; landscaping around the water tower; disposition of debris from the 43rd and McLeod Street project; dumping into the holding pond on 45th and Monroe which empties in the the Columbia Heights storm sewer system; estimates for repair of roofs on City buildings; and, the timetable for H.E.R.C. to commence working in the City. B. Report of the City Attorney The City Attorney had no report. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions Included in the packet were the minutes of the June 24, 1997 EDA Meeting. CITIZEN FORUM TOADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA A spokesperson for the property owner at 550 46th Avenue advised the Council of the large amount of water damage incurred at this address from recent storms. He was requesting information as to what plans there are to avoid this from happening again. He also mentioned how the drain in the alley was often covered with debris and garbage cans which are not secured. He was of the opinion that the drainage system in the alley was inadequate. REGULAR COUNCIL MEETING JULY 28, 1997 PAGE ! 7 Owners of property at 2301 40th Avenue, 2317 40th Avenue and 2229 40th Avenue addressed the Council regarding their water problems. RECESS TO EXECUTIVE SESSION Motion by Ruettimann, second by Sturdevant to recess the Regular Council Meeting at 8:55 p.m. to an Executive Session to discuss negotiations regarding litigation with Kraus- Anderson for the Top Valu Liquor Store and to appoint Jo-Anne Student, as Recording Secretary to keep a written report of the same. Roll call: Ail ayes RECONVENE REGULAR COUNCIL MEETING Motion by Ruettimann, second by Sturdevant to reconvene the Regular Council Meeting from the Executive Session at 9:21 p.m. which was called to discuss litigation with Kraus- Anderson regarding Top Valu Liquor Store with a written report being kept by Jo-Anne Student, Council Secretary. Roll call: All ayes 1i. ADJOURbTMENT Motion by Ruettimann, second by Peterson to adjourn the Council Meeting at 9:21 p.m. Roll call: Ail ayes Anne Sthde~t ,-'Council yor ~$~eph S t urde-v~n[ Secretary