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HomeMy WebLinkAboutOctober 24, 1994OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS BOARD OF TRUSTEES VOLUNTEER RELIEF ASSOCIATION OCTOBER 24, 1994 The Board of Trustees Meeting was called to order at 10:35 p.m. by Mayor Sturdevant. 1. ROLL CALL Jolly, Nawrocki, Ruettimann, Peterson, Sturdevant - present 2. APPROVAL OF MINUTES Motion by Peterson, second by Ruettimann to approve the minutes of the July 11, 1994 Board of Trustees Meeting as presented. Roll call: All ayes 3. RECORD LEAVE OF .A. BSENCE - J. JOHNSON Motion by Peterson, second by Ruettimann to record the leave of absence status for Jason E. Johnson, Volunteer Fire Department, effective September 1, 1994 through January 31, 1995. Roll call: All ayes 4. MEMBERSHIP REOUEST Motion by Peterson, second by Jolly to approve that $125.00 be paid from the Special Fund of the Volunteer Fire Relief Association for 1995 membership in Minnesota Area Relief Association Coalition, and furthermore, that the City Clerk hold the membership. Roll call: All ayes 5. ADJOURNMENT Motion by Ruettimann, second by Peterson to adjourn the Board of Trustees Meeting at 10:37 p.m. Roll call: All ayes  ayor ~6se~h Sturdev-ant- - Anne s~udent, Council Secretary OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 24, 1994 The Regular Council Meeting was called to order at 7:00 p.m. by Mayor Sturdevant. Jolly, Nawrocki, Ruettimann, Peterson, Sturdevant - present 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA The following items were approved on the Consent Agenda: Minutes of Previous Meetings The Council approved the minutes of the Regular Council Meeting of October 10, 1994 and the Special Council Meeting of October 20, 1994 as presented. Resolution No. 94-70: Being a Resolution Establishing Amount of Assessments to be Levied The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 94-7Q BEING A RESOLUTION ESTABLISHING AMOUNT OF CITY SHARE AND AMOUNT OF SPECIAL ASSESSMENTS ON PROJECT TO BE LEVIED WHEREAS, the City Council of the City of Columbia Heights by motion on the 12th day of September, 1994, ordered a special assessment hearing to levy the cost of ~mprovement and WHEREAS, the following projects will b especially assessed on November 22, 1994, and a portion of the costs may be borne by the city, NOW, THEREFORE, BE IT HEREBY RESOLVED, pursuant to Minnesota Statutes, 429.061, and City Code 4.103, that the breakdown is as follows: PIR PROJECT: 889 Sealcoat SW 1/4 Area II; ANOKA COUNTY -0-; CITY OF FRIDLEY, $13,611.05; M.S.A.S, $61,247.98; /~ ~; $30,691.76; CITY ASSESSMENT; $7,201.92; ~ AMOUNT; $190,030.25; TOT~; $302,782.96.: PIR PROJECT: 904 Curb & Gutter; ANOKA COUNTY $1,625.17; CITY FRIDLEY, -0-; M.S.A.S., -0-; INFRA ADMIN/ENG; -0-; CITY ASSESSMENT; $2,970.00; LEVIED AMOUNT; $1,755.18; TOTAL; $6,350.35. REGULAR COUNCIL MEETING OCTOBER 24, 1994 PAGE 2 Passed this 24th day of October, 1994 Offered by: Seconded by: Roll call: Nawrocki Jolly Ail ayes ayor ~oseph Sturdevant Jo-Anne Student, Council Secretary Resolution No. 94-72; Being a Resolution to Request Study to Establish Safe Speed on Johnson Street The reading of the resolution was waived there being ample copies available for the public. RESOLUTION NO. 94-72 REQUESTING THE COMMISSIONER OF TRANSPORTATION SET THE MAXIMUM SAFE SPEED FOR JOHNSON STREET WHEREAS, the Commissioner of Transportation is responsible for setting speed limits throughout the State; and WHEREAS, Johnson Street at Innsbruck Parkway is adjacent to a City park and school property~ and WHEREAS, numerous pedestrians, especially children, use this area because of the park and nearby schools; and WHEREAS, the existing speed limit of 39 miles per hour in conjunction with the horizontal alignment of the route may not provide a sufficient level of safety to pedestrians; and WHEREAS, the Commissioner's Office will conduct an engineering and traffic study for a municipal street and based on said study will designate a reasonable and safe speed, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights: That the Commissioner of Transportation conduct a study of Johnson Street within the City of Columbia Heights for the purpose of setting a reasonable and safe speed. Dated this 24th day of October, 1994. REGULAR COUNCIL MEETING OCTOBER 24, 1994 PAGE 3 Offered by: Seconded by: Roll call: Nawrocki Jolly All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Establish Hearina Date for Revocation or Suspension of a The Council established a hearing date of November 14, 1994 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Mr.' Stuart Metz, regarding rental property at 4539-41 Fillmore Street. Establish Hearing Date for Revocation or Suspension of a The Council established a hearing date of November 14, 1994 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Nancy Shaleen, regarding rental property at 3849 Jackson Street. Authorization to Seek Bids for Additional Door at Murzyn Hall The Council authorized staff to add the rear parking lot entrance door at Murzyn Hall to the proposed project. Final Payment for Municipal Project #9400 (1994 Miscellaneous The Council accepted the work for Municipal Project $9400 (1994 Miscellaneous Concrete) and authorized final payment of $6,479.24 to Standard Sidewalk, Inc. of Lindstrom, Minnesota. Authorization to Obtain Ouotations for Purchase and Installation of Furniture at Library The Council authorized staff to obta~nquotes for the purchase and installation of furniture at the Library. ~{cense ADDlications The license applications payment of proper fees. as listed were approved pending Pa_vment of Bills The payment of bills as listed was approved out of proper funds. REGULAR COUNCIL MEETING OCTOBER 24, 1994 PAGE 4 APPROVAL OF CONSENT AGENDA Motion by Nawrocki, second by Jolly to approve the Consent Agenda as presented. Roll call: All ayes e OPEN MIKES/PRESENTATIONS/PROCLAMATIONS There was no one present for Open Mike. PUBLIC HEARINCS/RESOLUTIONS/ORDINANCES a. Public Hearing - Revoke or Suspend Rental License at 4220 Fourth Street The Public Hearing was opened and the City Manager advised that all requirements of the Housing Maintenance Code have been met by the owner of the rental property at 4220 Fourth Street. Motion by Ruettimann, second by Peterson to close the public hearing regarding the revocation or suspension of the rental licenses held byLee B.Olson regarding rental property at 4220 Fourth Street in that he has complied with provisions of the Housing Maintenance Code. Roll call: All ayes b. Public Hearing - Revoke or Suspend Rental License at 4637-39 Pierce ~reet The Public Hearing was opened and the City Manager advised that all requirements of the Housing Maintenance Code have been met by the owner of the rental property at 4637-39 Pierce Street. Motion by Ruettimann, second by Peterson to close the pubilc hearing regarding the revocation or suspension of the rental property license held byKirk Larson regarding rental property at 4637-39 Pierce Street in that he has complied with provisions of the Housing Maintenance Code. Roll call: All ayes c. Resolution No. 94-65: Public Hearing - Revoke or Suspend Rental License at 3804-06 Third Street The public hearing was opened and the City Manager advised that the property owner and all affected tenants were properly notified of this public hearing. REGULAR COUNCIL MEETING OCTOBER 24, 1994 PAGE 5 The Enforcement Officer noted that the property had been inspected today and he reviewed the list of outstanding violations. He recommended revocation. There was a lengthy discussion regarding the property during which the landlord, tenants and some neighbors commented. Motion byNawrocki, second byRuettimann to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes ~SOLUTION NO. 94-65 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to Ordinance Code Section 5A.408(1) of that certain residential rental license held by Jerry Dean Wakeman (hereafter "License Holder"). Whereas, license holder is the legal owner of property located at 3804-06 Third Street N.E., Heights, Minnesota, and the real Columbia Whereas, pursuant to Columbia Heights Code Section 5.104(1)(A), written notice setting for the causes and reasons for the proposed Council action contained herein was given to the license holder on October 13, 1994, of a public hearing to be held on October 24, 1994. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on October 13, 1994, Enforcement Officer, Matthew D. Field, for the City of Columbia Heights, inspected the real property and incidental building located there on at 3804-06 Third Street N.E., within the City of Columbia Heights, Minnesota, and owned, according to the application for rental license on file for the above-described real property byJerry Dean Wakeman. 2. Based upon said inspection of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and Licensing Rental Units were found to exist, to wit. See Attached Compliance Order REGULAR COUNCIL MEETING OCTOBER 24, 1994 PAGE 6 3. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS QF COUNCIL 1. That the building located at 3804-06 Third Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and.any other hearings relevant to the revocation or suspension of the license held. by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder descrbed herein and identified by license humber 20373 is hereby revoked; 2. The City shall post for the purpose of preventing occupancy a copy of this order on the buildings covered bythe license held by license holder; 3. All tenants shall remove themselves from the premises whithin 60 days from the first date of posting of this Order revoking the license as held by license holder. Passed this 24th day of October, 1994. Offered by: Seconded by: Roll call: Nawrocki Jolly All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary REGULAR COUNCIL MEETING OCTOBER 24, 1994 PAGE 7 d. Resolution No. 94-66: Public H~aring - Revoke or Suspend Rental License at 3810-12 Thir~ Street The public hearing was opened and the Enforcement Officer reviewed the remaining violations. Motion by Ruettimann, second by Peterson to close the public hearing and to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 94-66 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to Ordinance Code Section 5A.408(1) of that certain residential rental license. held by Jerry Dean Wakeman (hereafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 3810-12 Third Street N.E., Columbia Heights, Minnesota, and Whereas, pursuant to Columbia Heights Code Section 5.101(1)(A), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the license holder on October 13, 1994, of a public hearing to be held on October 24, 1994. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on October 13, 1994, Enforcement Officer, Matthew D. Field, for the City of Columbia Heights, inspected the real property and incidental buildings locatedthere on at 3810-12 Third Street N.E., within the City of Columbia Heights, Minnesota, and owned, according to the application for rental license on file for the above-described real property by Jerry Dean Wakeman. 2. Based upon said inspection of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and Licensing Rental Units were found to exist, to wit. See Attached Compliance Order REGULAR COUNCIL MEETING OCTOBER 24, 1994 PAGE 8 3. That all parties, including the license holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 3810-12 Third Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by license holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. That rental license belonging to the license holder described herein and identified by license number 20372 is hereby revoked; 2. The City shall post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by license holder; 3. All tenants shall remove themselves from the premises within 60 days from the first date of posting of this order revoking the license as held by license holder. Passed this 24th day of October, 1994. Offered by: Seconded by: Roll call: Ruettimann Peterson All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Councilmember Nawrocki advised Mr. Wakeman to let his tenants know about the license revocations. When the violations are corrected, Mr. Wakeman can reapply for his licenses and be reinspected. REGULAR COUNCIL MEETING OCTOBER 24, 1994 PAGE 9 e. Public Hearing - Revoke or Suspend Rental License at 4222 Monroe Street N.E. Motion by Ruettimann, second by Peterson to close the public hearing regarding the revocation or suspension of the rental license held by Todd R. Witt regarding rental property at 4222 Monroe Street N.E. in that he has complied with provisions of the Housing Maintenance Code. Roll call: All ayes f. Public Hearing - Revoke or Suspend Rental License at 3843 Hayes Street N.E. Motion by Ruettimann, second by Peterson to continue the public hearing regarding the revocation of suspension of the rental license held by Sally J. Anderson regarding rental' property at 3843 Hayes Street N.E. until the Regular Council Meeting of November 28, 1994. Roll call: All ayes g. Second Reading of Ordinance No. 1293. Amendina Ordinance No. 853. City Code of 1977. Chapter 9. Pertaining to Permitted Uses Within CDB Business Distr~ct Motion by Ruettimann, second by Nawrocki to waive the reading of Ordinance No. 1293 there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1293 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, CHAPTER 9, LAND USE ZONING TO INCLUDE SMALL ENGINE REPAIR, SALES AND SERVICE AND OTHER SIMILAR USES AS A PERMITTED USE WITHIN THE "CDB" BUSINESS DISTRICT The City of Columbia Heights does ordain: SECTION 1: An amendment to Section 9.112(1) of the Land Use Zoning Ordinance adding the following: (qqq) Small engine repair, sales and service, or similar uses, provided there is no exterior storage of parts or equipment outside of the principal building. SECTION 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. REGULAR COUNCIL MEETING OCTOBER 24, 1994 PAGE 10 First Reading: Second Reading: Date of Passage: October 20, 1994 October 24, 1994 October 24, 1994 Offered by: Seconded by: Roll call: Nawrocki Ruettimann All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary h. Resolution No. 94-67; Beina a Resolution Authorizing Execution of Agreements for Columbia Heiahts Business Center and Columbia Heights Mall Property The City Manager advised that the Columbia Heights Business Center at 3989 Central Avenue N.E., owned by Zaidan Holdings, Inc., is approximately $1,557,000 delinquent in property taxes, penalties and interest. He noted the property would forfeit to the State of Minnesota in May, 1995 unless the property taxes were paid. Ramifications for the City and for the HRA if this forfeiture occurred were reviewed. The history of the building relative to its appraised value and restructuring of the original development agreements was discussed. The City Manager felt a key element of the agreement would be for any encumbrances to be cleared and subordinated. He advised this is a financially viable proposal as all the necessary safeguards are in place. Gordon Awsum, Vice President of Zaidan Holdings, Inc., stated that with the University of Minnesota lease in hand, payments owing are virtually guaranteed. Motion by Sturdevant, second by Ruettimann to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes Resolution No. 94-67 was brought back later in the meeting for reconsideration. i. Resolution No. 94-68; Being a Resolution Re4ectin~ Bids on Sheffield Nei~hborhOod Duplex Renovation Project - Motion by Peterson, second by Ruettimann to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes REGULAR COUNCIL MEETING OCTOBER 24, 1994 PAGE 11 RESOLUTION NO. 94-6~ RESOLUTION OF THE CITY COUNICL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA REJECTING BIDS ON SHEFFIELD NEIGHBORHOOD DUPLEX RENOVATION PROJECT WHEREAS, bids were received for the renovation of duplexes to single family homes; and WHEREAS, the bids and cost to renovate the three duplexes involved at 4531-33 Fillmore Street N.E. and 4519-21 and 4535- 37 Taylor Street N.E. make it financially imprudent to complete the renovations and make it necessary to consider other alternatives; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the bids received for the renovation of the duplexes at 4531-33 Fillmore and 4519-21 and 4535-39 Taylor Street are hereby rejected and that staff is hereby directed to prepare specifications for the disposition of these properties. Passed this 24th day of October, 1994. Offered by: Seconded by: Roll call: Peterson Ruettimann Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary J. Resolution No. 94-69: Bein~ a Resolution Certifying Delinauent Assessments Motion by Ruettimann, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 94-69 CERTIFICATION OF DELINQUENT ASSESSMENTS BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, that REGULAR COUNCIL MEETING OCTOBER 24, 1994 PAGE 12 THE COUNTY AUDITOR be, and he is hereby directed, to levy the delinquent special assessments, delinquent utility, and miscellaneous delinquent bills on the properties in the City of Columbia Heights as submitted on the attached pages and filed in the Assessment Book for 1994 totaling $49,418.34. BE IT FURTHER RESOLVED that the foregoing amounts shall be included in the individual real estate tax statements for the current year and identified thereon as "Special Assessments - Fund #82278." SAID LEVIES shall be enforced and collected in the manner provided for the enforcement and collection of State and County taxes under and in accordance with the provisions of the general laws of the State. All assessments with penalties and interest as indicated thereon paid to the County Treasurer shall belong to the City of Columbia Heights and shall be turned over to the City Treasurer in the manner provided by the City Charter and Ordinances. THE CITY OF COLUMBIA HEIGHTS shall accept payments on these levies until October 15, 1994. Upon receipt of said payments the County will be notified to remove this levy from the tax rolls. Passed this 24th day of October, 1994. Offered by: Seconded by: Roll call: Ruettimann Peterson Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Reconsideration of Adoption of Resolution No. 94-67 Motion by Ruettimann, second by Nawrocki to reconsider the adoption of Resolution No. 94-67. Roll a11: All ayes Discussion was held regarding the revised payment schedule and indemnification as well as other issues of the assessment agreement. Motion by Ruettimann, second by Peterson to approve the rsolution subject to the additions within the documents listed as follows: REGULAR COUNCIL MEETING OCTOBER 24, 1994 PAGE 13 1. TO add the revised payment schedule as outlined in the City Manager's attached memo, Exhibit B. 2. Add in Section 17 of the Purchase and Property Tax Agreement that calls for part of Zaidan's indemnification of the HRA and of the City. 3. Clarification that the modified Assessment Agreements will not take place if the property is not conveyed. 4. Clarification of the process of the HRA obligation to hold a hearing. Nor shall anything that ocours at the hearing alleviate the HRA's obligations hereunder. ~ESOLUTION NO. 94-67 RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE AGREEMENTS WITH ANOKA COUNTY, COLUMBIA HEIGHTS HOUSING AND REDEVELOPMENT AUTHORITY, AND ZAIDAN HOLDINGS FOR COLUMBIA HEIGHTS BUSINESS CENTER REGARDING TAX DELINQUENCY AGREEMENT, A PURCHASE AND PROPERTY TAX AGREEMENT, AMENDED AND RESTATED ASSESSMENT AGREEMENT, AND FOR THE COLUMBIA HEIGHTS MALL REGARDING AN AMENDED AND RESTATED ASSESSMENT AGREEMENT WHEREAS, Zaidan Holdings, Inc. is the current fee title owner of certain property in the City of Columbia Heights known as the Columbia Heights Business Center; and WHEREAS, Real property taxes on the property are delinquent for taxes payable in 1990 through 1993 and will remain unpaid for payable 1994; and WHEREAS, If the delinquent taxes are not paid the property will forfeit to the State of Minnesota, in trust for the taxing districts, in approximately May of 1995; and WHEREAS, The property is and was, during all years for which taxes are delinquent, located in a tax increment district and a redevelopment project administeredbytheHRAin accordance with Minnesota Statutes, Chapter 469; and WHEREAS, Minnesota Statutes, Section 280-385 authorizes conveyance by the owner of the land which has been bid in for the state for delinquent taxes in accordance with certain terms and conditions; and REGULAR COUNCIL MEETING OCTOBER 24, 1994 PAGE 14 WHEREAS, The City Council of the City of Columbia Heights, the Anoka County Board of Commissioners, the School Board of Independent School District ~13, the Commissioners for the City of Columbia Heights Housing and Redevelopment Authority consider it in the public interest to resolve the tax delinquency on the property prior to this forfeiture in May of 1995, as further provided in the terms and conditions of the agreements hereto attached. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS RESOLVES: Section 1: The City Council authorizes the Mayor and City Manager to enter into Tax Delinquency Agreement heretofore attached as Document 3, by and between the County of Anoka, the Housing and Redevelopment Authority in and for the City of Columbia Heights, and Zaidan Holdings, Inc. Section 2: The City Council hereby authorizes the Mayor and City Manager to enter into a Purchase and Property Tax Agreement, together with related documents including Promissory Note, Subordinated Mortgage Personal Guaranty Agreement and Amended and Restated Assessment Agreement, heretofore attached as Document 2, by and between the Housing and Redevelopment Authority in and for the City of Columbia Heights, and Zaidan, Holdings, Inc. Section 3: The City of Columbia Heights hereby authorizes the Mayor and City Manager to enter into an Escrow Agreement, heretofore attached as Document 3, and b~ and between Zaidan Holdings, Inc., Anoka County, Housing and Redevelopment Authority, in and for the City of Col,mhia Heights, and to be named the Escrow Agent. Section 4: The City of Columbia Heights hereby approves, pursuant to Minnesota Statutes, Section 469.177, Subd. 8, an Amended and Restated Assessment Agreement, heretofore attached as Document 4, for the property located at 3989 Central Avenue N.E., Columbia Heights, Minnesota. Section 5: The City of Col-mhia Heights hereby approves, pursuant to Minnesota Statutes, Section 469.177, Subd. 8, an Amended and Restated Assessment Agreement, heretofore attached as Document 5, for the property located at 4001 Central Avenue N.E., Columbia Heights, Minnesota. REGULAR COUNCIL MEETING OCTOBER 24, 1994 PAGE 15 Passed this 24th day of October, 1994. Offered by: Seconded by: Roll call: Ruettimann Peterson Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 1. Resolution No. 94-71; Being a Resolution Finding the Proposed LaBelle Pond Restoration Does Not Reauire aD Environmental Impact Statement Motion by Peterson, second byNawrocki to waive the reading of the resolution there being ample copies available to the public. Roll call: Ail ayes RESOLUTION NO. 94-71 FINDING THAT THE PROPOSED LABELLE POND RESTORATION DOES NOT REQUIRE AN ENVIRONMENTAL IMPACT STATEMENT WHEREAS, the City of Columbia Heights desires to improve the water quality, flow characteristics and aesthetic value of LaBelle Pond through the removal of sediment from 217 acres of the pond; and WHEREAS, an Environmental Assessment Worksheet was submitted for review to the appropriate agencies; and WHEREAS, within the thirty day comment period, comments were received from the Minnesota DNR, PCAAND Met Council and the Minnesota Historical Society; and WHEREAS, none of the agencies commenting indicated the need for an Environmental Impact Statement; and WHEREAS, no additional findings of fact have occurred to require an EIS; NOW, THEREFORE, BE IT RESOLVED by the City of Columbia Heights: REGULAR COUNCIL MEETING OCTOBER 24, 1994 PAGE 16 That based on information obtained in preparation of an Environmental Assessment Worksheet, and the comments regarding the same, for the proposed action to remove sediment from 2.7 acres of LaBelle Pond to improve water and aesthetic qualities, there is not a need to prepare an Environmental Impact Statement. Dated this 24th day of October, 1994. Offered by: Seconded by: Roi1 call: Peterson Nawrocki All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary m. Resolution No. 94-73= Beina a Hold Harmless Resolution Required by State Aid Operations. Project #9412 Motion by Ruettimann, second by Nawrocki to waive the reading of the resolution there being ample copies avaiable for the public. Roll call: All ayes RESOLUTION NO. 94-7~ BEING A RESOLUTION INDEMNIFYING THE STATE OF MINNESOTA FROM CERTAIN CLAIMS ARISING ON THE DESIGN VARIANCE FOR M.S.A.S. 113 (44TH AVENUE NORTHEAST) FROM 760 FEET EAST OF CENTRAL AVENUE_ NORTHEAST TO RESERVOIR BOULEVARD BE IT RESOLVED by the City Council of the City of Columbia Heights: That the City shall indemnify, save, and hold harmless the State of Minnesota and its agents and employees of and from any and all claims, demands, actions, or causes of action arising out of or by reason of the reconstruction of M.S.A.S. 113 (44TH Avenue Northeast) from 760 feet east of Central Avenue Northeast to Reservoir Boulevard in any other manner than in accordance with Minnesota Rules 8820.9935 and 8820.2500 and further agrees to defined at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising as a result of the granting of this variance. Dated this 24th day of October, 1994. REGULAR COUNCIL MEETING OCTOBER 24, 1994 PAGE 17 Offered by: Seconded by: Roll call: Peterson Jolly All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary n. Resolution No. 94-74: Being a Resolution Regarding Unfunded Mandates Councilmember Nawrocki read the resolution. RESOLUTION NO, 94-74 BEING A RESOLUTION REGARDING UNFUNDED MANDATES WHEREAS: Unfunded mandates on local government have increased significantly in recent years; and WHEREAS: Federal and state mandates do not consider local circumstances, costs, or capacity and subject cities to civil or criminal penalties for noncompliance; and WHEREAS: Federal and state mandates require compliance regardless of other pressing local needs and priorities which affect the health, welfare and safety of citizens; and WHEREAS: Federal and state burdens on local government force cities to impose higher property taxes and fees on taxpayers and/or reduce services to citizens; and Federal and state mandates are "one size fits all" requirements with unrealistic time frames, overly specific and inflexible procedures for which less costly alternatives may be just as effective; and The cumulative impact of these laws and rules directly affect the lives of the citizens of our cities; and WHEREAS: The League of Minnesota cities, in collaboration with the National League of Cities, seeks to help citizens to understand and then help encourage lawmakers to reduce the burden and inflexibility of unfunded mandates during National Unfunded Mandates Week, October 24 - 30, 1994 REGULAR COUNCIL MEETING OCTOBER 24, 1994 PAGE 18 NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights endorses the League's efforts and those of the National League of Cities and will fully inform our citizens about the impact of state and federal mandates on our local spending and taxes; BE IT FURTHER RESOLVED that the City of Columbia Heights endorses this year of mandate awareness by informing and working with members of our congressional delegation and our state legislators to educate them about the impact of federal and state mandates and the actions necessary to reduce these burdens on our citizens. Passed this 24th of October, 1994. Offered by: Seconded by: Roll call: Nawrocki Jolly Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary COMMUNICATIONS There were no communications. OLD BUSINESS a. Temporary Alley Closing - 4600 Block Between Central Avenue and Tyler Street Motion by Ruettimann, second by Jolly to discontinue the barricading of the alley between Central Avenue and Tyler Street, south of 47th Avenue, based on the recommendation of the Traffic Commission. Roll call: All ayes b. Award of Tandem Dump Truck Motion by Peterson, second by Jolly to rescind the Council action of September 12, 1994, awarding the bid for a tandem axle dump truck to Twin City Mack Sales based on their letter of September 12, 1994, stating their inability to meet the specifications. Roll call: Ail ayes REGULAR COUNCIL MEETING OCTOBER 24, 1994 PAGE 19 Motion by Peterson, second by Jolly to award the bid for a new tandum dump truck with a single reduction axle to Lakeland Ford Truck Sales, Inc. of St. Paul, Minnesota, the lowest, responsible bidder in the amount of $107,549.03 which includes the alternate with the corresponding deduct, to be paid from the Capital Equipment Fund and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes The City Attorney advised he is proceeding against Mack Sales and Service bid bond. 9. NEW BUSINESS ae ~uthori~ the Hirina of an Additional Police Officer Motion by Ruettimann, second by Peterson to authorize staff to proceed with the hiring of an additionalpolice officer and to authorize appropriation of $7,000 from the Mayor/Council Contingency Budget to the Police Department Budget for the 1994 costs of the additional police officer. Councilmember Nawrocki feels the timing and need for this new hire is questionable. He noted that newly-presented information regarding other municipalities' population and sworn officer ratio is significant data regarding the need for another officer in Columbia Heights. Councilmember Jolly favors the hiring of another officer but had questions regarding the process. Motion byNawrocki, second by Jolly to table this matter until such time as the Police and Fire Civil Service Commission decides whether the new Police Chief will come from within or out of the Department. Roll call: Jolly, Nawrocki - aye Ruettimann, Peterson, Sturdevant - nay Motion to table fails. Roll call on original motion: Jolly, Ruettimann, Peterson, Sturdevant - aye Nawrocki - nay b. Award of ~ire Alarm System Modifications. Pro4ect ~9314 Motion byPeterson, second by Ruettimann to award the bid for the fire alarm system modifications, Project #9314 to Sentry Systems, Inc. of White Bear Lake, Minnesota, based on their low, qualified responsible bid in the amount of $12,160.00 with funds to come from C.D.B.G., and furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. Roll call: All ayes REGULAR COUNCIL MEETING OCTOBER 24, 1994 PAGE 20 10. C. Award Demolitilon Contract for 4241 Seventh Street Motion by Peterson, second by Jolly to award the contract for demolition of 4241 Seventh Street N.E. to Carl Bolander and Sons based on their low, responsible bid in the amount of $5,900.00 with funds to be appropriated from Fund 415-59407- 3050, and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes REPORTS a. Report of the City Manager The City Manager's report was submitted in written form and the following items were discussed: 1. Tempe.Arizona Mayor's Youth Corp: Councilmembers Jolly and Nawrocki will be meeting with members of the School Board on November 8th to discuss the Tempe Arizona Youth Corp. 2. O~d/EveD Year Elections: This matter is currently under consideration by the School Board. 3. Metro-Wide Curfew Ordinance: A metro-wide curfew ordinance has been drafted. It is currently being reviewed by Anoka County for countywide adoption. Councilmember Nawrocki inquired if the County would be responsible for enforcement if this ordinance were adopted countywide. The City Manager advised local jurisdictions would enforce the ordinance. 4. Charter Commission Applicants: Councilmember Nawrocki requested solicitations be made for residents interested in serving on the Charter Commission. Report of the City Attorney The City Attorney had nothing to report at this time. ADJOURNMENT Motion by Paterson, second by Sturdevant to adjourn the Council Meeting. Roll call: All ~yes / / o-Anne s£uaen~council SeCretary