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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