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HomeMy WebLinkAboutMay 26, 1992OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR coUNCIL MEETING MAY 26, 1992 The Council Meeting was called to order by Mayor Murzyn at 7:00 p.m. 1. ROLL CALL Nawrocki, Ruettimann, Peterson, Murzyn - present Clerkin - absent Councilmember Clerkin was out of town on business. 2. PLEDGE OF ALLEGIANCE o CONSENT AGENDA The Council approved the following items which were on the Consent Agenda: Approval of Minutes The Council approved the minutes of the May 11, 1992 Regular Council Meeting as presented and there were no corrections. Resolution No. 92-13; Beinq a Resolution Desiqnatinq Persons to Have Access to Safe Deposit Boxes The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 92-13 BEING A RESOLUTION DESIGNATING PERSONS TO HAVE ACCESS TO SAFE DEPOSIT BOXES WHEREAS, the City Council previously designated the following persons and positions to have access to safe deposit boxes at Northeast State Bank: Robert Bocwinski William Elrite June Johnston City Manager Finance Director City Accountant WHEREAS, there has been a change in the position of City Manager, REGULAR COUNCIL MEETING MAY 26, 1992 PAGE 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS: That the City Council authorizes the proper members or officers designated below to secure, by rental agreement from Northeast State Bank, safe deposit boxes, and for any one of the persons designated to have access thereto: Stuart Anderson William Elrite June Johnston Gary Braaten City Manager Finance Director Assistant Finance Director Accounting Clerk II, Payroll BE IT FURTHER RESOLVED that the persons or officers replace those designated at a regular meeting of the City Council held on the 23rd day of March, 1987. Passed this 26th day of May, 1992. Offered by: Seconded by: Roll call: Nawrocki Peterson All ayes Mayor Donald J. Murzyn, Jr. Jo-Anne Student, Council Secretary Permits for 1992 Jamboree The Council authorized staff to close Jefferson Street from Monday afternoon, June 22, 1992, through Sunday, June 28, 1992. Renewal of Class B Gambling License for Activities Held at the Church of the Immaculate Conception 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 the renewal of a Class B charitable gambling license for the Church of the Immaculate Conception, 4030 Jackson Street Northeast, Columbia Heights, and the Council waived the remainder of the sixty day notice to the local governing board. REGULAR COUNCIL MEETING MAY 26, 1992 PAGE 3 Renewal of Class B Gamblinq License of Church of the Immaculate Conception for Activities held at Mady's Bowlinq Lounqe 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 the renewal of a Class B charitable gambling license for the Church of the Immaculate Conception in conjunction with activities at Mady's Bowling Lounge, 3919 Central Avenue Northeast, Columbia Heights, and the Council waived the remainder of the sixty day notice to the local governing board. Attendance at the APWA Annual International Conference The Council authorized the attendance of Donald Jolly at the American Public Works Association Annual International Conference in Boston, Massachusetts, from August 30 through September 3, 1992 and also authorized that all related expenses be reimbursed. Approval of License Applications The Council approved the 1992 license applications as listed upon payment of proper fees. Payment of Bills The Council approved the payment proper funds. of bills as listed out of APPROVAL OF CONSENT AGENDA Motion by Nawrocki, second by Peterson to approve the consent agenda as presented. Roll call: All ayes OPEN MIKE/PRESENTATIONS/PROCLAMATIONS Fred Olsen, 4311 Monroe Street, stated the concerns of himself and of his neighbors regarding the level of activity, number of vehicles and many residents at 4321 Monroe Street. REGULAR COUNCIL MEETING MAY 26, 1992 PAGE 4 Mr. Olsen stated that this property owner has built a garage too close to the alley, placed flower beds over two drains and appears to be living elsewhere while claiming a homestead credit. He has brought some of his concerns to the attention of the Building Inspections Department and one of the flower beds has been removed. Also, some of the building projects on the home have been "red tagged" and Mr. Olsen stated that the owner indicated he interprets the tag as a building permit. It is Mr. Olsen's contention that there are renters in the house and a rental permit has not been applied for nor issued. He noted that the present owner purchased the house in April of 1987, but did not apply for homestead until 1991. The owner's brother appears to be residing at the house all of the time. Steve Kelm, 4319 Monroe Street, has counted fifty-eight different vehicles at 4321 and 4323 Monroe Street since July. He also felt there are between twelve and sixteen people living in the house. He felt the continual activity at the house is questionable and has received many different explanations from people regarding the level of activity. Motion by Nawrocki, second by Ruettimann to direct the City Manager to prepare a response to the allegations with said response being given to the Council and sent to Mr. Fred Olsen, Mr. Steve Kelm and Mrs. Phyllis Kelm. Roll call: All ayes The resident at 4315 Fifth Street noted that parking problems in another section of the community had been discussed at the April 9th Council Meeting. He suggested that the Council consider an ordinance which would prohibit parking in front of a property by anyone other than the property owner. He also has noticed commercial and industrial-type vehicles entering the City after 5:00 p.m. and being parked in the City until they leave the next morning. This resident felt this practice should be stopped as it damages the roads and is not aesthetically acceptable. PUBLIC HEARINGS/ORDINANCES/RESOLUTIONS a o Second Readinq of Ordinance No. 1242, Being an Ordinance Amending Ordinance No. 853, City Code of 1977, Permittinq Tire and Battery Sales and Service in "RB" Districts REGULAR COUNCIL MEETING MAY 26, 1992 PAGE 5 Motion by Ruettimann, second by Peterson to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes The City ManaGer noted that this ordinance will not conflict with the Comprehensive Plan. ORDINANCE NO. 1242 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERMITTING TIRE AND BATTERY SALES AND SERVICE IN "RB" DISTRICTS The City of Columbia HeiGhts does ordain: An amendment to Section 9.113(2) of the Zoning Ordinance adding the followinG: (o) Tire and battery sales and service. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First readinG: Second readinG: Date of passage: Offered by: Seconded by: Roll call: May 11, 1992 May 26, 1992 May 26, 1992 Ruettimann Peterson All ayes Mayor Donald J. Murzyn, Jr. Jo-Anne Student, Council Secretary Resolution for Collection of Water Testing Fee The City ManaGer advised that water testing will be done on an annual basis and the fees charged will be collected annually. He felt there would only be about sixty water supplies tested in Columbia HeiGhts. REGULAR COUNCIL MEETING MAY 26, 1992 PAGE 6 This testing was mandated by the Legislature which authorized the Department of Health to assess an annual fee of $5.21 for every service connection to a public water supply that is owned or operated by a city, town or water use district. Councilmember Nawrocki advised he had contacted two staff members at the League of Minnesota Cities who were familiar with this particular legislation. He had been advised that no testing would be done in Columbia Heights homes. This testing was intended to address water supplies. Don Jolly, Public Works Supervisor, advised he was told this test would be done with tap water in individual homes and was authorized by the State of Minnesota Department of Environmental Health. Councilmember Nawrocki stated he had a problem with passing this charge onto the water user residents in the community. He felt this was really a surcharge which would be used by the State to fulfill the requirements of a federal mandate. There appeared to be some concern on the Council whether this was one issue or actually two issues. Motion by Ruettimann, second by Peterson to table this matter for additional information. Roll call: All ayes o COMMUNICATIONS There were no other communications other than those which were considered on the Consent Agenda. o OLD BUSINESS Fire Department Breathing Air System Motion by Ruettimann, second by Peterson to authori2e the Mayor and City Manager to purchase from Compress Air & Equipment Company of Plymouth, Minnesota a high pressure breathing air system for the Fire Department in the amount of $12,697; and to authorize an approximate amount of $300 to Heights Electric, Inc. of Columbia Heights for the electrical wiring of the system; for an overall total of $12,907; $6,500 REGULAR COUNCIL MEETING MAY 26, 1992 PAGE 7 to come from a donation from the Columbia Heights Athletic Boosters, balance to come from the Capital Equipment Replacement Fund. Councilmember Peterson thanked the Columbia Heiohts Athletic Boosters for the very ~enerous donation. Councilmember Nawrocki recalled that the Council had requested three quotes be sought for this equipment. The City Manager advised that three firms were contacted, but only two responded with quotes. Roll call: All ayes o NEW BUSINESS a. Three - Year Tax Reduction on Columbia Heights Mall In 1989 the HRA Board approved, subject to City Council concurrence, an Amendment to Assessment A~reement on the Columbia Heights Mall property which is owned by Zaidan Holdings, Inc. This agreement would have enabled Zaidan Holdings, Inc. to receive a reduction in taxes payable in 1990, 199I, and 1992. The County Assessor Certification was not completed therefore Zaidan Holdings, Inc. did not receive the reduction which would have been approximately $140,000 to $150,000. It had been indicated that the Certification was not completed due to an administrative error by the MRA and Anoka County. Councilmember Nawrocki felt there was not an administrative error and referred to the document which had been receipted by the Recorder's Office. Councilmember Ruettimann agreed that this is not an accurate statement and that the reference to an administrative error be removed. Members of the Council stated their concerns with regard to the funds from any refunded dollars go to those tenants in the mall who were promised them. A representative of Zaidan Holdings, Inc. advised that this refunding was not noted in any of the tenant leases, but that the former and present tenants will receive whatever they are due from the Receiver. A representative of the lenders felt this would be an administrative impossiblity, noting that the management records were not very accurate and some of them were not accounted for. Also, some of the past and present tenants have withheld rent or have occupied their space at a reduced or a no rent basis. REGULAR COUNCIL MEETING MAY 26, 1992 PAGE 8 Councilmember Ruettimann requested a copy of a tenant lease be furnished for his review. He suggested that no rebate be made, but rather that the funds be credited against the tax delinquency Councilmember Nawrocki observed that the taxes on the mall are current. Councilmember Ruettimann felt since both the mall and the business center are owned by the same company, his suggestion was appropriate. Councilmember Nawrocki stated that the property is not going tax delinquent, but rather is being foreclosed on. There will be new owners of both the mall and the business center. Councilmember Ruettimann said he is still in favor of honoring the Agreement with the new owners. He felt the HRA should have some time to remove its tenant rebate requirement and bring the matter back for further discussion at the next Council meeting. Discussion continued regarding the obligations of the owners to the tenants in both the business center and in the mall. Councilmember Nawrocki felt the owners have equal obligations to tenants of both facilities. He also stated that funds paid into the Tax Increment Debt Retirement pool cannot be used for a direct cash rebate on a tax reduction as has been requested by Zaidan Holdings, Inc. He noted that a loss could be taken by Zaidan Holdings, Inc., the lenders or Columbia Heights taxpayers. He felt the City's taxpayers should bear no financial responsiblity in this matter. Councilmember Ruettimann noted that the City does not have any cash available to pay the $50,000 refund being requested. He also noted that the decision to uphold the Amendment to the Assessment Agreement was denied by the Courts contrary to what has been said by the Zaidan Holdings representative. If the City and the HRA approve, the Amendment can be applied for in the future. Motion by Nawrocki that the City Council not concur in the reductions as recommended by the MRA Board. Motion dies for lack of a second. Motion by Ruettimann, second by Peterson to table this matter, request it be returned to the HRA Board, and that the Board address the matters of the lease and with the 1992, 1993, and 1994 taxes. REGULAR COUNCIL MEETING MAY 26, 1992 PAGE 9 Counci]member Nawrocki inquired what the purpose is in sending this matter back to the HRA. Councilmember Ruettimann responded it is his intention for the HRA to return a different recommendation to the Council, noting that there are not funds available to pay Zaidan Holdings $50,000 and that a source should be explored or an abatement should be considered. Councilmember Nawrocki observed that the City Council has spent significantly more time on this issue than the HRA has. The Council has also received much more backup material and information regarding what is transpiring than the HRA ever has. Councilmember Peterson requested staff to get a print out of the affect a reduction of 92, 93, and 94 taxes would have on the Tax Increment Debt Retirement Pool. Roll call: All ayes b. Repair to Columbia Park Parking RamR Motion by Peterson, second by Ruettimann to approve the expenditure of up to $4,614.15 as the City share (19%) of the cost for the Columbia Park Clinic to have non-routine maintenance repairs to the Columbia Park Parking Ramp with work to be completed by Restoration Tech, Inc. in accordance with their bid to the Columbia Park Clinic. Roll call: All ayes Award of 1992 Miscellaneous Concrete Repairs, Project #9200 Motion by Ruettimann, second by Peterson to award the 1992 Miscellaneous Concrete Repairs and Installations, Municipal Project #9200, to Advanced Concrete, Inc. of Burnsville, Mn., based upon their low formal bid of $30.301.86; and furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Roll call: All ayes Councilmember Ruettimann inquired if residents would have the opportunity to use the services of this contractor. He was advised they could for projects such as curb replacement, garage aprons and sidewalks, but probably not for driveways. REGULAR COUNCIL MEETING MAY 26, 1992 PAGE 10 Noting the hundred day completion time, staff was requested to follow up on this in that this length of time could get into weather where concrete repairs may not be able to be done. d o Award of Chatham Road Lift Station Buildinq Improvements Project #9114 The Public Works Supervisor advised the Council that the building is quite old and has experienced considerable deterioration. It is difficult to maintain and to work in. Motion by Ruettimann, second by Peterson to authorize staff to award the Chatham Road Lift Station Building improvements, Municipal Project #9114, to Gilbert Mechanical Contractors, Inc. of Minneapolis, for a total cost of $23,400; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: all ayes e. Establish Waqe for Director of Public Works Councilmember Nawrocki had some questions regarding the process used for hiring for this position and the salary negotiated. The City Manager gave some background of the person who has been offered the position and advised that the entry wage is at the 82.8% range. Motion by Peterson, second by Murzyn to approve a wage of $4,792 per month effective June 15, 1992, for Mark Winson as Director of Public Works/City Engineer. Roll call: All ayes 10. REPORTS a. Report of the City Manaqer The City Manager's report was submitted in writing and the following additional items were discussed: Fireworks Donations The City Manager advised that an additional $2,500 has been donated for the Fourth of July fireworks display. REGULAR COUNCIL MEETING MAY 26, 1992 PAGE 11 Alley - Central to Tyler, 46th to 47th Streets The City Manager has informally been advised that residents in the area of Central to Tyler, 46th to 47th Streets, are interested in having the alley, which is located south of the apartment buildings in the identified area, barricaded at its midpoint. These residents have indicated a willingness to clean this alley and to install a basketball court on a nearby parking lot. Many concerns were expressed regarding the use of this alley by motorists who wish to avoid the semiphore on 47th Avenue. Mayor Murzyn noted his support for barricading the alley at its midpoint and sees no use for it past the strip mall which fronts on Central Avenue. Councilmember Nawrocki had accompanied Fire Department personnel when the building on the north side of this alley was inspected. He suggested staff check into the area to see if any parking spaces will be impacted on if this alley is partially closed. He specifically mentioned that staff determine the access route to the apartment building's parking lot. The Public Works Superintendent mentioned that there are problems when this alley is plowed. Hilltop Police and Emergency Medical Contract A letter was received from Carl Newquist, Hilltop City Attorney, which addressed some concerns of Hilltop residents. He noted that their concerns focus on the emergency medical services rendered by Columbia Heights to situations involving intoxicated individuals. These types of calls have gotten more frequent and are quite costly. Mr. Newquist invited representatives of Columbia Heights to attend a Hilltop Council Meeting scheduled for June 1, 1992 to discuss these concerns. Transfer of Cable Franchise On June 10th at 7:00 p.m. there will be a joint meeting of city councils and cable commissions for cities where there are North Central Cable Television franchises. This meeting will be held in Roseville. Representatives of the Meredith/Heritage Company, who is purchasing North Central Cable Television, will be attending the June 22nd Columbia Heights City Council Meeting. REGULAR COUNCIL MEETING MAY 26, 1992 PAGE 12 S.A.C.A. House The City Manager advised that there is a substandard situation in the basement of the S.A.C.A. House. There is no water pressure and it is estimated that it will cost approximately $6,000 to replace the water line which comes in from the street. He requested direction from the Council. Mayor Murzyn felt more information was necessary before the Council could make a decision. Councilmember Nawrocki noted it should be remembered that the building was initially intended to be a temporary facility, not a permanent arrangement. All of its bills are paid by the City of Columbia Heights. Noting that the facility serves persons from other cities in Anoka County, Councilmember Nawrocki felt this may be the time for the operation to seek larger quarters. Weed Cuttinq Billinq Councilmember Nawrocki inquired if there is pro-rating being done with the weed cutting billing. The City Manager responded that this is his understanding. He recalled that last year's billing contract reflected a one hour minimum. This year the billings are bein~ pro-rated and are being verified by the Assistant Weed Inspector before they are authorized for payment. Appearance of 4522 Tyler Street Councilmember Nawrocki circulated a photo he had taken of the garage and surrounding area at 4522 Tyler Street. He noted that some clean up had been done but there is still considerable debris left in the area as well as refuse cans without lids. b. Report of the City Attorney The City Attorney had nothing to report at this time. ADJOURNMENT Motion by Nawrocki, second by Peterson to adjourn the meeting at 10:15 p.m. Roll call: All ayes ~fo-~hne Student, Council Mayo/{/'Donald J.//Mt{rzyn~/, Jr. Secretary