HomeMy WebLinkAboutJul 10, 1978 (2)OFFICIAL PROCEEDINGS
REGULAR MEETING OF THE CITY COUNCIL
CITY OF COLUMBIA HEIGHTS, MINNESOTA
JULY 10, 1978
The meeting was called to order at 8:10 p.m.
Roll Call: Logacz, Heintz, Norberg, Hentges, Nawrocki - present
INVOCATION
The invocation was given by Councilman Norberg.
MINUTES OF PREVIOUS MEETINGS
Motion by Norberg, seconded by Hentges, to approve the minutes as presented in
writing and reading be dispensed with.
Roll Call: All Ayes
PAYMENT OF BILLS
Motion by Norberg, seconded by Hentges, to defer consideration of payment of bills
until later in the meeting.
Roll Call: All Ayes
ORAL PETITIONS
None were presented.
ORDINANCES AND RESOLUTIONS:
1. Second reading of Ordinance 887
Second reading of ordinance 887 being an ordinance for the sale of part of
auditor's subdivision No. 51 to Cheery Company was held.
Offered by: Logacz
Seconded by: Heintz
Motion by Hentges, seconded by Norberg, to table further consideration of the
ordinance at this time pending some additional discussion on the possibilities of
an alley on this property.
Roll Call: All Ayes
PLANNING AND ZONING COMMISSION RECOMMENDATIONS:
1. Richard Layland, 4318 Washington St.
Special Purpose Fence Request
A1 Carlson, Assistant Planner, distributed a blueprint of the property showing the
location of the proposed fence.
July 10, 1978
Page 2
Discussion followed on whether the garage at 4318 Washington is partly on a
neighbor's property. City Attorney Kalina stated the Council is not in a
position to decide who owns the property, this would be a matter for the
courts. Discussion continued on the difference between a privacy fence and
a special purpose fence.
Motion by Hentges, seconded by Logacz, to refer this matter back to the Planning
and Zoning Commission.
Roll Call: All Ayes
2. Robert Person, 5258 6th Street
Request for Variance
Councilman Norberg questioned whether there was anything to support the justifi-
cation of a variance such as an improvement in the sanitation facilities or fire
egress. A1 Carlson stated that the electrical service would be upgraded and an
additional fire exit would be added.
Motion by Hentges, seconded by Heintz, to concur with the recommendation of the
Plannin9 and Zoning Commission.
Councilman Norberg requested that in the future these Planning and Zoning
recommendations be addressed to the upgradin9 of fire egress and sanitation.
Roll Call: All Ayes
3. Leslie Johnson, 4550 Central Avenue
Request for Variance
Discussion followed on whether this subdivision would keep in existance a walk-
way which is there at present. This matter was tabled at a previous meeting.
Motion by Norberg, seconded by Hentges, that the subdivision be 9ranted on the
contingency that the right of way for the present walkway is retained in the
judgement of the City Attorney and that the specials be split between the two
lots.
Roll Call: All Ayes
4. Richard Mosher, 4229 4th St.
Request for Variance
Discussion was held on the justification for a variance.
Motion by Heintz, seconded by Hentges, that the request be 9ranted based on the
recommendation of the Planning and Zoning Commission.
Roll Call: Logacz, Heintz, Hentges, Nawrocki
Norberg - Nay
Aye
July 10, 1978
Page 3
5. Rene Jewell, ll21 39th Avenue
Request for Variances and Subdivision
Motion by Hentges, seconded by Logacz, to approve the lot subdivision as requested
based on the recommendation of the Planning and Zoning Commission.
Roll Call: All Ayes
Motion by Heintz, seconded by Norberg, that the request be granted, including variances,
based on the recommendation of the Planning and Zoning Commission that the sanitary
facilities and the fire exit will be substantially improved.
Roll Call: All Ayes
TRAFFIC COMMISSION RECOMMENDATIONS:
1. 41st Ave. & Central Ave. Parking
City Manager reported that the Traffic Commission is recommending a l0 minute parking
zone be installed at 41st from Central west.
Motion by Norberg, seconded by Heintz, to grant the request for a 10 minute parking sign
on the south side of 41st from Central west to the alley.
Roll Call: All Ayes
2. Central Avenue Signing
George Brown, City Engineer, reported on the Central Avenue signing from Gould to 44th.
The Engineering Department is recommending that the curb be moved closer to the sidewalk
from 4230 Central south to 42nd St. so parking spaces may be retained. Mr. Brown
presented a blueprint showing the highway department's plans for Central which do not
include parking spaces. Discussion followed on where and how much cutback would be
needed for a parking lane. This item was for the Council's information, no action was
needed.
LICENSES
Motion by Heintz, seconded by Hentges, to grant the license to Anton H. Hanson for food,
beverage, and auction at 51st and Central upon payment of proper fees.
Roll Call: All Ayes
SPACE TABLES CORPORATION
Mayor Nawrocki stated that there is a Space Tables Corporation on 38th and Main Street.
He has received several complaints from neighbors about an objectionable odor from the
company. The PCA has contacted Space Tables for information concerning what the odor is
and asl¢ing them to have a study made to determine what can be done to eliminate the
problem. Space Tables has indicated that they will be leaving the location on July 31.
The Mayor stated that there is a law that governs odors that may be dispelled into the
air. One of the conditions under which the property was sold by the City was that no
objectionable business would take place there. The owner of the corporation explained
the fact that the complaines started after the company installed a pollution control
device, which was required by the state, and which is directing the odors towards the ground.
July 10, 1978
Page 4
The Mayor stated that he thinks that it is unconscionable that anybody should be
subjected to an odor problem just because a company is going to move shortly. The
City Attorney stated that the PCA odor testing equipment probably would not be
made available to the City before July 31, but that if the test could be made before
July 31, and the company was in violation of state law, the City could prosecute.
PRESENTATION TO LION'S CLUB
Mayor Nawrocki stated that Columbia Heights has been fortunate to have the
Lion's Club in the community. They have just furnished the City with a sign
board on 40th Avenue and they sponsor the jamboree annually. With this in mind
he had a plaque prepared which he presented to Gene Heffner who was present
representing the Lion's Club.
RECESS at I0:06 p.m.
RECONVENE at 10:20 p.m.
OLD BUSINESS:
1. Surplus Fire Truck
The Mayor noted that the staff has taken bids on the old fire truck. Two bids
were received, one for $110 and one for $353.89. The recommendation is that the
sale be authorized to Mr. Stephen Lee.
Motion by Heintz, seconded by Norberg, that the City sell the truck to Stephen Lee
in the amount of $353.89 based on high bid received.
Roll Call: All Ayes
STORM DAMAGE
Mr. Robert Barnick, 2226 Johnson St. N.E., was present to state his concern about
water standing at 2301 40th Avenue where he is building a home. This is the
lowest spot in a 3 block area and the water seems to gather there. George Brown
has talked with Mr. Barnick and stated that he has checked the area and the
problem may have been caused by the unfinished condition of the house. Mr.
Barnick pointed out that he was at the location during a rain and he felt the
storm sewers did not drain off the water properly.
Motion by Norberg, seconded by Heintz, to refer the matter to the Engineering
Department for investigation and report back to the next Council meeting.
Roll Call: All Ayes
PAYMENT OF BILLS
Motion by Heintz, seconded by Logacz, that bills as listed be paid out of the
proper funds with the exception of Nos. 25938, 25954, 25983, 26054, 26072, 26084,
26026, and 26033.
Roll Call: Logacz, Heintz, Norberg, Nawrocki - Aye
Hentges - Nay
Councilman Norberg left the meeting at this time.
July 10, 1978
Page 5
Motion by Heintz, seconded by Logacz, that the following bills be paid out
of their proper funds: 25938, 25954, 25983, 26054, 26072, 26084, 26026, and
26033.
Roll Call: All Ayes
Councilman Norberg rejoined the meeting.
ORDINANCES AND RESOLUTIONS:
2. First reading of Ordinance 890
The City Manager stated that he had four proposed ordinances updating old
ordinances to current state law.
Motion by Heintz, seconded by Hentges, that the first reading of ordinance 890
be waived as ample copies were available to the public.
Roll Call: All Ayes
ORDINANCE NO. 890
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF
1977, PERTAINING TO THE MINNESOTA HIGHWAY REGULATION ACT
AND ADDING PROVISIONS RELATING TO DRIVERS LICENSES
The City Council of the City of Columbia Heights does ordain:
Section l:
Section 7.lO1(1) of Ordinance No. 853, City Code of 1977, passed
July 21, 1977, which reads as follows:
"7.101 (1)
The Minnesota Highway Traffic Regulation Act, enacted
as Minnesota Statutes Chapter 169, together with all
amendments thereto through 1977, is hereby adopted by
reference and made a part hereof as if fully set forth
here i n."
is herewith amended to read as follows:
"7.101(1)
The Minnesota Highway Traffic Regulation Act, enacted
as Minnesota Statutes Chapter 169, together with all
amendments thereto through 1978, is hereby adopted by
reference and made a part hereof as if fully set forth
herein. Minnesota Chapter 171, Drivers Licenses and
Driver Training Schools, together with all amendments
thereto through 1978, is hereby adopted by reference as
if fully set forth herein.
Section 2:
Section 10.305(1) of Ordinance No. 853, City Code of 1977, passed
June 21, 1977, which reads as follows:
'110.305(1) No person, except those exempted by law, shall operate
or drive any motor vehicle upon any street, alley, or high-
way in the City, without a valid license for the type or
class of vehicle driven issued pursuant to the provisions
of Minnesota Statutes Chapter 171.
July 10, 1978
Page 6
For Purposes of interpretation and enforcement of this
section, Minnesota Statutes Chapter 171 is hereby
adopted by reference and incorporated as if fully set
forth herein.''
is herewith amended to read as follows:
"10.305(1) No person, except those exempted by law, shall operate
or drive a~y motor vehicle upon any street, alley, or high-
was in the City, without a valid license for the type or
class of vehicle driven issued pursuant to the provisions
of Minnesota Statutes Chapter 171.
For purposes of interpretation and enforcement of this sec-
tion, Minnesota Statutes Chapter 17], together with
amendments thereto through 1978, is hereby adopted by ref-
erence and incorporated as if fully set forth herein.'l
Section 3:
This Ordinance shall be in full force and effect from and after thirty
(30) days after its passage.
3. First reading of Ordinance 891
Motion by Norberg, seconded by Hentges, that the reading of ordinance 891 be waived
as ample copies were available to the public.
Roll Call: All Ayes
ORDINANCE NO. 891
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE
OF 1977, PERTAINING TO GAMBLING DEVICES
The City Council of the City of Columbia Heights does ordain:
Section 1:
Section 5.410 of Ordinance No. 853, City Code of 1977, passed June 21,
1977, which section is currently reserved, shall hereafter read as
follows:
~'SECTION 10
GAMBLING DEVICES
5.410(1)
5.410(2)
No person shall operate a gambling device or conduct
a raffle, as hereinafter defined, without a license
issued pursuant to the provisions of this chapter.
Minnesota Statute 349.26, entitled Gambling Devices,
together with all amendments thereto through 1978, is
hereby adopted by reference as if fully set forth
herein.
5.410(3)
5.410(4)
The Council may by unanimous vote waive the bond re-
quirement of the gambling manager.
The annual license fee shall be two hundred dollars
($200.OO), subject to amendment by resolution of the
Council pursuant to 5.!O3(5)."
Section 2:
This Ordinance shall be in full force and effect from and after thirty
(30) days after its passage.
July lO, 1978
Page 7
4. First reading of ordinance 892
Motion by Heintz, seconded by Norberg, that reading be waived as ample copies
were available to the public.
Roll Call: All Ayes
ORDINANCE NO. 892
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE
OF 1977, PERTAINING TO GARBAGE AND RUBBISH COLLECTION
The City Council of the City of Columbia Heights does ordain:
Section l: Section 8.301(8) of the City Code of 1977, passed June 21, 1977, is
herewith renumbered Section 8.301(9).
Section 2:
Section 8.301(8) of the City Code of 1977, passed June 21, 1977, shall
hereafter read as follows:
"8.301(8)
Every householder and every occupant or owner of any
dwelling, house, boarding house, apartment building,
or other structure utilized for dwelling purposes within
the City must use the garbage and rubbish collection ser-
vice as is made available by contract by the City of
Columbia Heights and its designated garbage and rubbish
hauler.
Section 3:
Section 4.301(1) of the City Code of 1977, passed June 21, 1977, which
reads as follows:
"The Council shall fix all charges for water service and the rates
by which charges shall be computed."
is herewith amended to read as follows:
"The Council shall fix all charges for water and sewer service and
for garbage and rubbish hauling rates for dwellings and shall
similarly fix the rates by which such charges shall be computed.
All such utility bills may be collected as provided for water
billing by 4.303."
Section 4:
This Ordinance shall be in full force and effect from and after thirty
(30) days after its passage.
5. First reading of ordinance 893
Motion by Heintz, seconded by Logacz, that reading of ordinance be waived as ample
copies were available to the public.
Roll Call: All Ayes
July ]0, 1978
Page 8
ORDINANCE NO. 893
BEING ,AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF
1977, PERTAINING TO TRESPASS AND GAMBLING
The City Council of the City of Columbia Heights Does Ordain:
Section 1: Section 10.106(9) of the City Code of 1977, passed June 21, 1977,
which reads as follows:
"10.106(9) Minnesota Statutes 609.605, defining the crime of
trespass, is incorporated herein.'~
is amended to read as follows:
"10.106(9) Minnesota Statutes 609.605, together with all
amendments thereto through 1978, is incorporated herein."
Section 2: Section 10.109(1) of the City Code of 1977, passed June 21, 1977,
which reads as follows:
"lO. lOg(l) Minnesota Statutes 609.75 and 609.755, definin9
crimes relating to 9ambling are incorporated herein."
is amended to read as follows:
"10.109(1) Minnesota Statutes 609.75 and 609.755, together
with all amendments thereto through 1978, are incorporated
herein."
Section 3: This Ordinance shall be in full force and effect from and after
thirty (30) days after its passage.
OLD BUSINESS:
2. Insurance C~mmission Chairman Appointment
Motion by Hentges, seconded by Norberg, that Mr. Wally Wahlber9 be appointed to
be the Chairman of the Insurance Commission.
Roll Call: All Ayes
3. Recreation and Community Services Commission Appointment
Motion by Hentges, seconded by Logacz, Lo appoint Myron Anderson to the Recreation
and Community Services Commission.
Roil Call: All Ayes
Councilman Heintz stated that he would like to resign as a representative to the
Anoka Councy Joint Law Enforcement Council.
Motion by Heintz, seconded by Hentges, to appoint Mayor Nawrocki to the Anoka
County Joint Law Enforcement Council.
Roll Call: All Ayes
July 10, 1978
Page 9
4. Public Hearings for NSP Rate Increase
Mayor Nawrocki noted that NSP will be conducting a public hearing for a rate
i nc rea se.
Motion by Heintz, seconded by Hentges, that the City Manager be authorized to
make a statement at the public service commission hearing on the recent NSP
proposed rate increase.
Roll Call: All Ayes
5. Other Old Business
Discussion followed on the problem of sewers backing up into several basements
because some people are pumping water from their basements into the sanitary
sewers.
NEW BUSINESS:
1. Towing Bids
Motion by Heintz, seconded by Logacz, that the towing for the City of Columbia
Heights for the period starting August l, 1978 to July 31, 1979 be awarded to
Sroga's Standard station, 3201 Stinson Boulevard, and that the Mayor and City
Manager be authorized to enter into contract with same.
Roll Call: All Ayes
2. Bids for Pump House
The City Manager reported that informal bids were taken for the No. 2 station stand
by generator. There were two bidders. Bacon Electric is low at $1,500.
Motion by Hentges, seconded by Logacz, to authorize a contract with Bacon Electric
in the amount of $1,500 to hook up the generator based on Iow competitive bid and
that the Mayor and City Manager be authorized to enter into contract for same.
Roll Call: All Ayes
3. Air Conditioning for Library
The City Manager reported that the Iow bidder is Conrad Mfg. in the amount of
$2,339.
Motion by Logacz, seconded by Norberg, that the City proceed with the installation
of air conditioning for the library and award the bid to H. Conrad Mfg. Co. in the
amount of $2,339.
Roll Call: All Ayes
July 10, 1978
Page 10
4. Recreation and Community Services Employee
RESOLUTION 78-26
BEING A RESOLUTION ESTABLISHING THE SALARY
FOR A COMMUNITY SERVICE COORDINATOR
BE IT HEREBY resolved that the City Council, City of Columbia Heights, establish
the salary for the position of Community Service Coordinator at the rate of
$11,OO0 per year.
Passed this 10th day of July, 1978.
Offered by:
Seconded by:
Roll Call:
Heintz
Logacz
Logacz, Heintz, Nawrocki - Aye
Norberg, Hentges - Nay
CITv ~ANAGER'S REPORT:
The City Manager reported that there will be a new sidewalk hearing on Monday,
July 17, at 7:00 p.m. The present low bidder has agreed to hold his bid until
the end of July.
Motion by Hentges, seconded by Logacz, to suspend the 11:30 deadline to 12:00
if necessary to finish the agenda.
Roll Call: All Ayes
PUBLIC WORKS DIRECTOR'S REPORT:
George Brown reported that the retaining wall at 45~, west of the cul de sac by
Keyes Park, is collapsing. The City hasn't been able to get easements from the
property owners to repair the wall.
Motion by Hentges, seconded by Norberg, that the City Engineer be directed to
investigate the problem and send a report to the Council before the next regular
meeting.
Motion withdrawn by Councilmen Hentges and Norberg.
Motion by Heintz, seconded by Logacz, that the City Manager be authorized to
advertise for a special meeting to be held on August 14 at 7:00 p.m.
Roll Call: All Ayes
Discussion was held on whether a specific fence, about which the City has had
complaints, was installed in violation of the present ordinance or whether it was
erected before the current ordinance and therefore should be allowed to stand.
Motion by Hentges, seconded by Norberg, to direct the individual to tear down the
fence.
Roll Call: Norberg, Hentges - Aye
Logacz, Heintz, Nawrocki - Nay
Motion fails.
July 10, 1978
Page ll
CITY ATTORNEY'S REPORT:
City Attorney Kalina reported that the Midland transaction has been completed.
Motion by Norberg, seconded by Heintz, to extend the meeting for another 15
minutes, until 12:15 a.m.
Roll Call: All Ayes
Discussion was held on a possible conflict of interest question caused by
Councilman Norberg's ownership of stock in certain companies.
The City Attorney read the following resolution:
RESOLUTION 78-27
WHEREAS, Councilman Gayle R. Norberg has or may possibly have a financial interest
in the following companies and whereby the City of Columbia Heights has obligated
itself to pay bills in the following amounts to those companies as listed below:
Ed Phillips and Sons Company
Black & Decker Manufacturing Co.
Coast to Coast
Sun Electric Corporation
Western Life Insurance Company
Ganzer Distributing, Inc.
3M Alarm Service
Northwestern Bell
$4,597.24
17.95
84.35
28.65
64.44
5,984.46
248.36
303.46
and, WHEREAS, the Council has determined that the contract price for each of
the above listed bills is as low or lower than the price at which the commodity
or service listed could be obtained elsewhere the City Council of the City of
Columbia Heights hereby resolved the above listed bills be paid out of their
proper funds upon the filing of an affidavit with the city clerk in accordance
with Minnesota Statute 471.89, Subdivision 3, by Councilman Norberg.
Offered by:
Seconded by:
Roll Call:
Hentges
Heintz
Logacz, Heintz, Hentges, Nawrocki - Aye
Norberg - Abstain
LICENSES
Motion by Heintz, seconded by Hentges, that license applications be granted upon
payment of proper fees.
Roll Call: All Ayes
July 10, 1978
Page 12
Motion by Heintz, seconded by Hentges, to adjourn at 12:17 a.m.
Roll Call: All Ayes
· ~'ouncil Secretary