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HomeMy WebLinkAboutMay 28, 1991OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING ~AY 28, 1991 The meeting was called to order by Mayor Carlson at 7:00 p.m.. 1. ROLL CALL Nawrocki, Clerkin, Ruettirnann, Paterson, Carlson - present 2. PLEDGE OF ALLEGIANCE CONSENT AGENDA The following items were approved on the Consent Agenda: flinutes For Approval The Council approved the minutes of the May 13, 19)1 regular Council meeting as presented and there were no corrections. Appointments to Boards and Commissions The Council reappointed the following individuals to the indicated board/ commission for the specified term: Dennis 5troik Reuben Ruen Lois Hendrickson Barbara Miller Bill Hollom Sharon Gorecky Jim Lever Cable Commission Cable Commission Human Services Library Park Board Traffic Science, Tach. & Energy April, 1993 April, 19~3 April, 199~ April, 1~9q April, 1~6 Apri.1, 1995 April, 1~94 The Council concurred in the Mayor's appointment of Bruce Nawrocki to the HRA which term will expire in April of 1~96. Water and Sewer Service on 38th Avenue The Council authorized staff to install three water service stubs and three sanitary sewer service stubs to the City-owned lots on 38th Avenue and wants the cost to be paid from the appropriate utility fund. Position Title Changes The Council approved the changing of the position title of Administrative Assist- ant to the City Manager to Assistant to the City Manager and City Accountant to Assistant Finance Director. Replacement of Water Servlce Line to JPM Hall The Council authorized staff to design and seek quotatlons for a replacement water service line feeding the east end of John P, Murzyn Hall. Approval of License Applications The Council approved the license applications as listed upon payment of proper fees. Approval of the Payment of Bills The Council approved the payment of the bills as listed out of proper funds, Regular Council Meeting Hay 2B, I~1 ,page 2 APPROVAL OF EONSENT AGENDA Notlou by Nawrocki, second by Ruettlmann to approve the consent agenda as presented. Roll call: All ayes OPEN NIKETPR0gLAMATIONS/PRESENTATION5 Nike Rush, who owns a home at 1211 ~2½ Avenue, advlsed the Council he has been experiencing water problems on his property and in his basement since the home next door to him was built. The Public Works Director advised the house was built in 1)85 and was not built to the elevations that were approved. Councilmember Nawrocki inqulred if the building permit had been reviewed regarding landscaping, The Publlc Works Director responded be did not know If landscaping were included on the permit. Hr. Rush felt the elevatlon and the landscaplng were both responsible for his water problems. Councilmember Nawrocki noted that the City's ordinance requires that water be directed from a property to the appropriate catch basins. Notion by Nawrocki, second by Paterson to direct staff to work with Hr. Rush to determine if the elevations on the property next door to 1211 ~2½ Avenue were changed. Roll call: All ayes 6. ~UBLIC HEARINGS/ORDINANCES/RESOLUTIONS a. Public Hearing Regarding Resolution Ordering Improvements; Alley Construction from ach to 5th Streets Between 52nd and 53rd Avenues The Public Works Director advised that the original proposal to sealcoat thls alley was presented at a public hearing on March 14, 1~1. At that hearing some of the affected property owners requested the City do a permanent correction of the water drainage which have been experienced on a portion of the alley. Property owners had received estimates for the costs for a concrete alley wlth reconstruction and the installation of two catch basins. Staff revlewed the proposed reconstruction with the use of overheads. Some of the property owners noted that the estimates for this proposal as well as the estimates for the asphalt reconstruction project were very costly. Some of the affected residents suggested that the alley could be corrected for acceptable drainage with milling down the built up of blacktop end a "V" put into the middle of the alleyway. The Publlc Works Director advised this could be tried but there was no guarantee that this would solve the water problems for any tength of time end there was no guarantee that the water would be directed to the drains. He also observed that it is not known if there is enough depth to the crown on the alley to do any effective milling and planing. with enough surface left to effectlvely sealcoat the alley. Councilmember Nawrocki stated there are four options for work on this alley; 1) do nothing; 2) do full reconstruction and pave with concrete; 3) do atley reconstruction and pave with bituminous; ~) mill, plane, patch and sealcoat. He requested a poll be taken of those residents in attendance regarding this project. It was noted that the last option would cost about $10.O0 for the materials, use of patching machlne~rental of planing machine end engineering and admlnistrative costs, it may cost less as the costs for the use of the two machines are not known. ~egular Council ~eeting Hay 28, 1~1 page 3 Councilmember Ruettimann questioned how the crown depth could be known before the project is started. The Public Works Director advised that core samples must be taken of the crown before any action can begin, He also again stated there can be no guarantees that this would be effective in ellmlnating the water drainage problems and that the only proposal which would be positlvely effective is the staff's recommendation for a concrete alley and complete reconstruction with the installatlon of catch basins. Councilmember Paterson noted that the residents referred to the problems which were experienced in the alley for the last thirty plus years since the alley was built. He felt the last proposal was the least expensive other than doing nothing in the alley and it also gave no guarantee that the problems may not reappear in a few years. One resident referred to a recent artlcle in a local newspaper noting that the City would be paying for part of a project proposed for LaBelle Pond, He felt the City Councll should consider paying for this alley project, Councilmember flawrockl noted that this is a proposed project and is not approved at this point in time. He stated that the City is a property owner in the project area and would be expected to participate in paying some of the assessments if the project is approved. It has the same responslbility as other property owner s. ~ayor Carlson took a poll of those residents at the meeting regarding the options proposed. Five people supported doing nothing, no one supported the concrete alley nor the bituminous alley reconstruction projects, and eleven supported the milling, planing and sealcoating with no catch basins project. florida by Nawrocki, second by Ruettimann that the City Hanager be authorized to proceed with the project on the sealcoating, planing~ milling and patching basis; that if further review indicates costs to exceed a $10,00 running foot assessment, that this hearing be reopened; and if the costs do not exceed $10.00 a foot, the work would proceed, Roll call: All ayes RECESS: 8:30 p.m, RECONVENE: 8:h$ p,m. Councilmember Nawrocki requested the Assessment Clerk to advise anyone who may call her on this project that it will proceed if the costs do not exceed $10.00 per running foot, The City Hanager also wanted added that the City Engineer does not indicate that the proposal will drain the water from the alley. Councilmember Nawrockl noted that the staff will do its best to drain the water from the alley, Desl.gnatlon of "No Perking" on ~th Avenue at Central Avenue The residents at lO21 aqth Avenue and l O25'"~a~h 'A~enEe h~Ld requested that the parking restrictions be extended beyond their property. If their request were granted, this would extend the "No Parking" restriction another 180'. .. Councilmember Nawrock~ expressed concern regarding no parking on hath Avenue in front of the Post Office, The Public Works Director advised this is necessary to conform to Hinnesota State Aid regulations, fie was requested to seek a variance from the 5tare to allow this parking. Councilmember Ruettimann suggested that the "No Parking" signs be covered Regular Council Meeting May 28, t991 page ~ during busy times at the Post Office. The City Manager felt this would be exposing the City to some liability problems. Parking on Tyler Place was suggested on the west side which is now posted for no parking. Council- member Newrocki observed there is no convenient way to leave this area other than going east to a cross street and then onto a3rd Avenue. The Public ~orks Director stated that the Post Office had refused to add more parking on its property. flotlon by Carlson, second by Paterson to designate both sides of k~th Avenue as "No Parking" from 99' east of center line of Jackson Street to 880' east of the center line of Central Avenue and to erect a sign on the corner advising that parking is available on Tyler Place on the east slue. Roll call= All ayes b. Second Reading of Ordinance No. 1218; Being an Ordinance for the Sale of Certain Real Estate (1856 39th Avenue) Motion by Paterson, second by Ruettlmann to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO, 1218 BEING AN ORDINANCE FOR THE SALE OF CERTAIN REAL ESTATE The City of Columbia Heights does ordain: Sect ion 1: The City of Columbia Heights shall sell and convey by Quit Claim to Gary Traverse the following described land lying and being in the County of Anoka, State of Minnesota, to-wit: East twenty-seven (27) feet of the West thirty-three feet of Lot one il), Hart Lake Hanor, excepting and reserving to the said state, in trust for taxing districts concerned, all minerals and mineral rightsm as pro- vided by law, Section 2: The Mayor and City Manager are hereby authorized to execute a Quit Claim Deed to convey said real property. Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. ~irst reading: Second reading: Date of passage: Hay 13, 1991 Hay 28, 1991 May 28, 1991 Offered by: Seconded by: Roll call: Peterson Ruettimann A11 ayes ~ay6r Ed--wa~"d'M. CaYis'~n L Jo-Anne Student', '~ounCil SecFe:a'r~y c. Second Reading of Ordinance No. 1219; Being an Ordinance for the Sale of Certain Real Estate (2224 Maiden Lane) Regular Council Meeting May 28, 1991 page 5 Motion by Ruettimann, second by Nawrockl to waive the reading of the ordinance there being ample copies available to the public. Roll call ayes ORDINANCE NO. 1219 BEING AN ORDINANCE FOR THE SALE OF CERTAIN REAL ESTATE The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights shall sell and convey by Quit £1alm to Ralph Fuerst and Janice Fuerst the following described land lying and being in the County of Anoka, State of Minnesota, to-wit: Lot 22, Block 3, Hilltop, Anoka County, Minnesota, excepting and reserving to the said state, in trust for taxing districts concerned, all minerals and mineral rights, as provided by law. Section 2: The Mayor and City Manager are hereby authorized to execute a Quit Claim Deed to convey said real property, Section 3: This ordinance shall be in full force and effect from and after thirty ()0) days after its passage. First reading: Second reading: Date of passage= May 13, 1991 May 28, 1991 May 28, 1991 Offered by: Seconded by: Roll call: Ruettimann Nawrocki All ayes M~yo~"Edv~ard Fi. Ca'~:lson ~o-~r~ne StUdent, Council SecreiaFy d, First Reading of Ordinance No, 1220, Being an Ordinance Regulating the Surface Use of Water of Silver Lake Motion by Clerkin, second by Paterson to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ~RDINANCE_ND,...1220 BEING AN ORDINANCE AHENDING ORDINANCE NO. 853, CITY CODE OF 1977, AS AHENDED, PERTAINING TO PROHIBITED CONDUCT ON LAKES, ICE RINKS AND BEACHES The City of Columbia Heights does ordaln: Section 1: Chapter 10, Article II, Section 2 of the City Code of 1977, as amended, is herewith amended to add the sections as follows, to wlt: 10.202(9) PURPOSE, INTENT AND APPLICATION: As authorized by M,S. t378.32 May 28, 1~91 page 6 (k5~.20), Subdivision 1 as now in effect and as hereafter amended, this ordinance is enacted for the purpose and with the intent to control and regulate the use of the waters of Silver Lake in Anoka County~ Minnesota, said bodies of water being located within the boundaries of Columbia Heights, to promote its fullest use and enjoyment by the public in general connection with the use of said watersl to harmonize and integrate the varying uses of said waters, and to promote the general health~ safety and welfare of the citizens of Columbia Helghts~ Minnesota, (a) ADOPTION AND INCORPORATION BY REFERENCE OF MINNESOTA WATERS AND WATERCRAFT SAFETY LAWS, AND BOAT AND WATER SAFETY RULES PROMULGATED BY THE MINNESOTA DEPARTMENTS OF NATURAL RESOURCES: The Minnesota Waters and Watercraft Safety Laws~ M,S, ~361.01- 361.2~, as they now exist and are hereafter amended by the State of Minnesota Department of Natural Resources, Minn. Rules parts 6110.0100-2300 as the same now exlst and are hereafter amended, are hereby adopted, incorporated herein by reference, and made a part hereof as if set forth in their entirety. At least three coples of said Waters and Water- craft Safety Laws and Boat and Water Safety Rules and Regu- lations, so adopted, shall be marked as officlal copies and filed in the office of the City Auditor alond with this ordinance. (b) VIOLATIONS OF THE MINNESOTA WATERS AND WATERCILAFT SAFETY LAWS, AND BOAT AND WATER SAFETY RULE5 PROMULGATED BY THE MINNES0TA DEPARTMENT OF NATURAL RESOURCES: Any person vio- lating the Minnesota Waters and Watercraft Safety Laws~ and the Boat and Water Safety Rules and Regulations pro- mulgated by the Minnesota Department of Natural Resources, adopted and incorporated herein by reference, shall be guilty of a misdemeanor. (c) RESTRICTION5 DURING CERTAIN HOURS: Between the hours of 11:00 a.m. and 3:00 p.m. and between the hours of ?100 p.m. and 8:00 a.m. on each and every day of the week, no motorboat shall be operated at a speed in excess of five (5) miles per hour. At all other times during each and every day of the week, motorboats shall be subject to no speed limit and may be operated at unrestricted speeds. (d) DIRECTION OF TRAVEL DURING UNRESTRICTED SPEED TIMES: During the hours ~n ~hich unrestricted operating speeds are per- mitted, all motorboats shall travel and be operated in a counterclockwise direction around Silver Lake. (e) NONSANCTIONED RACING PROHIBITED: Racing that is the parti- cipant of two (2) or more operators of motorboats operating their motorboats in a competition of speed, shall be pro- hibited on the waters of Silver Lake unless the same takes place as part of a scheduled or public race, regatta, tournament or other competition or exhibition duly sanctioned by the county sherlff pursuant to Section 361.20 of the Minnesota Statutes, as amended. Kegular L.,OuFici i r~ccLirl~l I~ay 28, 1~1 page 7 (fl ENFORCEMENT: The enforcement of this ordinance shall be the primary responsibility of the Anoka County Sheriff's Department, and the City of Columbia Heights' peace officers, Other licensed peace officers including Conservation Officers of the Department of Natural Resources of the State of ~innesota are also authorized. (gl All authorized Resource Hanagement, Emergency and Enforcement Personnel, while acting in the performance of their assigned duties are exempt from the foregoing restrictions. Section 2: EFFECTIVE DATE: This ordinance shall be in full force and effect from and after the date of its passage and publlcation. First reading: Hay 2B, 1991 flOriDa by Clerkin, second by Peterson to schedule the second reading of Ordinance No. 1220 for June 10, 1991. Roll call: All ayes e. Resolution No. 91-31; Appointing a City ~anager flOriDa by Ruettimann, second by Nawrockl to waive the reading of the resolution there being ample copies available to the public. Roll call= Al) ayes RESOLUTION NO. 91-31 APPOINTMENT OF A CITY MANAGER FOR THE CITY OF COLUMBIA HEIGHTS WHEREAS, the City Council has engaged the servlces of an outside consultant to assist in the process of selecting a new City Hanager; and WHEREAS, the consultant, after careful study of the needs of the City, and after consultation with all members of the City Councll and several City s[aff members, has found a high level of satisfaction with the performance of Stuart W. Anderson as Acting City Hanager, has recommended that the City Council consider appointing Stuart W. Anderson City ~anager; and WHEREAS, the City Council after finding Stuart W. Anderson's performance as Acting City Nanager from August, 1977, to April 1978, and since September 1, 1990, and his performance as Police Chief since April, 1976, to be exemplary and to provide the background desirable for the position of City Hanager; and WHEREAS, after careful review of terms and conditions of employment of City Hanagers in other Anoka County cities and first ring, fully developed surburban cities around Hinneapolis; and WHEREAS, discussions with Stuart W. Anderson have provided mutually acceptable terms and conditions of employment; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Columbia Heights does hereby appoint Stuart W. Anderson City Hanager of the City .of Columbia Heights, effective July l, 199l, under the following terms and condi- tions of employment: Hay 28, 1991 page 8 1. The City Manager shall be compensated at the following annual rates of pay for the first three years: A. 7/!/91 - 6130192 ..................... $72,000.00 B. 7/1/92 - 6/30/93 ................. ,... $75,600.00 C. 7/I/93 - 6/30/94 ..................... $79,3B0.00 2. The City Manager shall receive a car allowance of $240.00 per n~nth. The City Hanager shall earn and use vacation, sick leave, and holidays as is authorized for all other non-union essential and confidential employees. The City Manager shall receive and use insurance benefits and deferred compensation as is authorized for all other non-union essential and confidential employees. The City Hanager shall be deemed to have left his prior position with the City of Columbia Heights as Police Chief in good standing, Any accrued, but unused vacation and sick days available to Stuart W. Anderson as of 6/3~/~! shall be credited to him in his new position. 6. The City of Columbia Heights shall pay the Employer's share, as set out by applicable State Statute, of any pension plan for which Stuart W. Anderson may qualify under applicable law. ?. In the event Stuart W. Anderson is discharged without cause prior to June 30, 1~94, he shall receive 3 months' severance pay at the then applicable wage rate plus payment of all accrued but unused vacation and 1/3 of accrued but unused sick leave. If he is discharged for cause during the term of employment, he shall only be entitled to be paid for accrued but unused vacation and 1/3 of accrued but unused sick leave. Passed this 28th day of Hay, 1991. Offered by: Seconded by: Roll call: Ruettimann Nawrocki All ayes Jo-Anne Student, Council Secretary Ha'yor Edward 'M~, 'Carlson~ II Mayor Carlson read that part of the City Charter which addressed the relation- ship between the City Council and the City Manager. Stuart Anderson accepted the position. f. Resolution No. 91-32; Urging Concurrence in Extending Sales Tax Councilmember Nawrocki read the resolution. RESOLUTION NO. BEING A RESOLUTION URGING THE ANOKA COUNTY BOARD OF COMMISSIONERS TO CONCUR IN THE CONTINUANCE OF THE ONE-HALF CENT SALES TAX PAST DECEMBER 31, 1991 WHEREAS: The sales tax in Minnesota was originally adopted partially as an alternate source of revenue to support local government services in Regular Council Meeting page $ lieu of depending on additional property taxes; and ~HEREAS: The 1551 session of the State Legislature passed legislation adding one half cent to the existing sales tax and dedicating it along with 1~ cents of the existing state sales tax to support local government services; and ~HEREAS: This legislation requires concurrence by individual counties in the State if this additional one half sales tax is to continue to be col)acted in said county after December 31, 1551; and ~HEREAS: The state legislation further provides that if a given county does not concur in the additional one half cent sales tax, local government in said county will lose state aids funded not only from one half cent sales tax increase, but also will lose funds provided by the existing 1½ cents share of the existing sales tax which will continue to be col)acted in said county; and WHEREAS: Loss of local government aid in Anoka County would mean a loss of approximately $$.k million to help fund County government services, and approximately $2.8 million to help fund City of Columbia Heights government services (far more than the one half cent sales tax would raise in Anoka County) and WI4EREAS: The loss of said local government aid would mean severe increases in loca] property taxes to make up for the loss of loca] government aid, severally reduce ]ocal government services, or a combination of the tWO. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights does urge the Anoka County Board of Commissioners to concur in the additional one half cent state sales tax continuing past December ~1, 1~1, so that the property taxpayers of the City of Columbia Heights and Anoka County will not be called upon to pick up this approximately $12.2 million loss of local government aid, while still having to pay 1½ cents of the existing state sales tax which then would be used to fund local government services in other counties of the state. Offered by: Seconded by: Roll Call: Nawrocki Ruettimann All ayes Ma~or Edward 'M.- Car-ls'~n ' Jo-Anne Student, Council secretary Councilmember Nawrockl advised that if the County chose not to concur that the majority of the cities in the County would have until August Ist to act as the majority. 8. OLD BUSINESS a, Request for Exemption for Multiple Dwelling Ordinance A petion was received from the Sullivan Shores Homeo~ers Association requesting exemption from the multiple dwelling ordinance. Regular CouncIl ~ee~ng May 28, l~l page l0 motion by Ruettimann, second by Clerkin to receive the petition from the Sullivan Shores Homeowners Association requesting exemption from the multiple dwelling ordinance and that the petition be placed on file. Roll cal): All ayes Councilmember Ruettimenn requested the City Manager to work with the City Attorney regarding amending the current ordinance specifically addressing home-owner occupied dwellings with common areas. He felt common areas should be subject to inspection and licensing. Councilmember Ruettimann felt if this type of domicile is no longer owner- occupied and becomes rental property the Homeowners Association should be required to notify the City and it should be inspected and a licensing fee should be charged. The City Manager suggested that no fee should be required for licensing. Mayor Carlson felt this action could only be justified in condos were also included and the same requirements were stipulated. b. Positions of HCA Appointment Councilmember Nawrocki was reappointed by Mayor Carlson to serve on the HRA Board of Commissioners. He felt some of his positions on certain issues should be examined and discussed. Counciimember Nawrocki explained his positlon on expansion of the Section 8 Housing Program in Columbia Heights. He noted that the City has about twice as many Section 8 houses and facilities as other cities in the County. fie felt that emphasizing the Housing Maintenance Code should be a priority rather than the expansion of the Section B housing at this time? Councllmember Nawrocki is also advocating the HRA employ some of the services of the City, particularly those available in the Finance Department, He felt this would have some advantages by doing the bookkeeping in-house and would be cost-effective. Councilmember Ruettimann stated he has no problem with either of these positions. He noted the City Council should be kept aware of the HRA activity as it reflects both the City and the City Council in its activities. c. Flag Pole It was noted that there is no State of Minnesota flag on the flag pole outside of City Hal). A longer flag pole would be needed to accommodate the space needs of an additional flag. It was suggested that service clubs in the City be approached for funding for a longer flag pole. NEW BUSINESS Award of Construction Bids Municipal Project #$721 is for the 3$th Avenue reconstruction, Municipal Project #~010 is 42½ Avenue manhole reconstruction and Project #~016 is the Mathaire-lnnsbruck watermain construction. Motion by Nawrocki, second by Paterson to award Municipal Project #8721, Municipal Project #~010, and Municipal Project #~016 to W,B, Miller, Inc. of Ramsey, Minnesota, for an amount of $)06,3B4.B0 based upon the low bid Regular Council Meeting ~ay 28, 1991 page 11 submitted; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: Ali ayes 10. REPORTS a. City Manager's Repo¢t The report of the City Manager was submitted in written form and the following items were discussed: 1. Storm Information: The City Nanager advised there was considerable flooding in the City today because of the storm. Some sewers surcharged and some streets and intersections were closed because of high water. Silver Lake boatlandlng was closed because the Lake is very high. 2. Fire Training Facility: A joint powers agreement had been approved by the City Council with three other cities to build and maintain a fire training facility. The City of Minneapolls has indicated a strong interest in this type of facility and has approached all of the four cities to discuss the issue. The City Manager noted that Minneapolls had indicated a possible site for the facillty may be on 37th and East River Road, which is owned by Minneapolis. This location would allow for a larger facility than that which had been proposed by the original four cities. The funding expected from each city would be the same as was considered for the previous joint powers agreement. Jackson Pond: Council rnember Nawrocki noted a street sweeper operating on 43rd Avenue near Jackson Pond. He inquired if the Pond had overflowed after the recent rain storm. The Public Works Director responded that the Pond did not overflow but many intersections had washed debris into this area and the City was removing it. 4. 4bth and Central Avenues Project: Previously, Councilmember Nawrocki had expressed concern with a crane which was holding heavy equipment high off the ground. The Public Works Director addressed this issue of safety with the contractor and a fence has been installed around the area. The Public Works Director will be submitting regular reports to the Council regarding the progress of this project. 5. Truck Traffic on hSth Avenue near Monroe Street: Mayor Carlson noted that a sign has been installed adjacent to the driveway into Frank's Garden Supplies advising trucks not to drive on the property across the street at 4q56 Monroe Street. The Mayor felt this sign is very effective, b. City Attorney's Report The City Attorney had nothing to report at this time, AD J OURN ME NT Motion by Peterson, second by Clerkin to adjourn the meeting at 10:15 p,m. Roll call: All ayes ~/~o A~n~ Student, -C~Uncil Secretary Hay~r-E-d~r~- H-,- 'Ca r I son - -