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HomeMy WebLinkAboutOct 9, 1979OFFICIAL PROCEEDINGS REGULAR MEETING OF THE CITY COUNCIL CITY OF COLUMBIA HEIGHTS, MINNESOTA OCTOBER 9, 1979 The meeting was called to order at 8:05 p.m. Roll Call: Logacz, Heintz, Norberg, Nawrocki - Present It was noted that Councilman Hentges was attending an HRA meeting and would join the Council meeting later. INVOCATION The invocation was given by Councilman Norberg. MINUTES OF PREVIOUS MEETINGS Motion by Heintz, seconded by Logacz, to approve the minutes of the regular meeting of September 24 and the special meeting of September 27 as presented in writing and reading be dispensed with. Roll Call: All Ayes ORAL PETITIONS Councilman Norberg stated that Mrs. Velin had contacted him to say that she would not be at the meeting tonight but expressed her continuing interest in a change in the animal ordinance. ORDINANCE VACATING ALLEY The City Manager asked that this be tabled as the residents in the area were not advised of the hearing. Motion by Norberg, seconded by Heintz, to table further consideration of the ordinance vacating the alley north of 40th Avenue between Jefferson St. and Washington St. until the next regular meeting. Roll Call: All Ayes RESOLUTION SETTING CAB RATES This is a procedural item as the action taken on September 24 should have been a resolution and not a motion. RESOLUTION 79-35 SETTING TAXI CAB RATES IN THE CITY OF COLUMBIA HEIGHTS BE IT HEREBY RESOLVED BY THE CITY COUNCIL of the City of Columbia Heights that rates for all licensed taxi cab companies operating in the City of Columbia Heights be set at: October 9, 1979 Page 2 85¢ on flag drop, 90¢ per mile, and $8 per hour waiting fee. Passed this 9th da'/ of October, 1979. Offered by: Logacz Seconded by: Norberg Councilman Heintz stated he will vote against the resolution because he believes Hr. LaHont, owner of the Columbia Heights Cab Company, is asking for the metro rates while he doesn't have the same expenses. Councilman Hentges joined the meeting at 8:20 p.m. Roll Call: Logacz, Norberg, Hentges, Nawrocki - Aye Heintz - Nay RESOLUTION REGARDING ASSESSNENT LEVIED IN ERROR RESOLUTION 79-36 WHEREAS:, the property known and described as Plat :735408, Parcel ~1065, Lot 9, Block 3., Walton~s First Subdivision of Reservoir Hills was assessed $85.44 for ]ocal improvement No. 731, Sidewalk Repair, and WHEREAS,, Lot 9 was charged for 32 sq. ft. :~ S2.67, but was benefitted by only 16 sq. ft. ~2 $2.67. BE IT THEREFORE RESOLVED, by the City Council of the City of Columbia Heights, that the City Clerk be and he is hereby authorized and directed to strike from Local Improvement No. 73l the said 16 sq. ft. i;: $2.67 charged against the aforesaid Lot 9, Block 3, Walton's First Subdivision of Reservoir Hills in the amount of $42.72. Passed this 9th day of October, 1979. Offered by: Norberg Seconded by: Heintz Rol1 Call: Al1 Ayes PARKING ORDINANCE Hayor Nawrocki stated that a citizens committee had been appointed by him to study the parking ordinance and its alternatives. The committee chairman, Dave Larson, presented the committee's report and recommendation. The committee recommends that the new all year round parking 2 a.m. to 6 a.m. ordinance not be changed and that it remain in full force and effect and that it be enforced starting November 1, 1979 through Hay 15, 1980. That beginning Hay 16, 1980 through October 31, 1980 the new ordinance be suspended to allow those people who have not yet made arrangements to provide off street parking during next year's construction season. That beginning November' 1, 1980 and thereafter the new no parking 2 a.m. to 6 a.m. ordinance remain in full force and effect and be enforced on a year round basis. October 9, 1979 Page 3 The committee recommends that given the first recommendation that the proposed ordinance which would prohibit parking from 2 a.m. to 6 a.m. between November 1 and April 15, 1980 is not needed. The committee recommends that the old ordinance which prohibits parking on the streets for more than six hours remain on the books in full force and effect. Mayor Nawrocki commended the members of the committee for their time and effort and also for the fact that they acted so expeditiously. Discussion was held on the problem of access to hydrants in certain areas in Hilltop. Councilman Norberg asked about the apartment owners who do not provide the two required spaces per apartment and what can be done to them. He thought the problem should be addressed by the Council. George Haluska, 4233 Quincy St., stated he thought the ordinance should be on the ballot to let the people decide if they want it or not. Bob Barney, 4820 6th St., asked if boulevard parking would be allowed. The Mayor answered that this is against the law but is overlooked in cases of hardship. Mr. Barney stated he thinks all the resulting boulevard parking will destroy the looks of the City. The Mayor commented that the citizens committee was set up because of complaints received during a previous hearing. He added that he had sent out a questionnaire to 500 residents, selected at random, which included a question about the proposed parking ordinance banning on street parking from 2 a.m. to 6 a.m. The results were that approximately 60% of the people responding approved of a year round ordinance. Joan Niznik, 3966 Cleveland, stat:ed that if people are affluent enough to be able to afford 3 or 4 cars, campers, boats, etc. they should also be able to afford places to park them. A first reading of ordinance 907 was held. ORDINANCE 907 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, RELATING TO OVERTIME PARKING The City Council of the City of Columbia Heights does ordain: Section 1: Section 7.205(14) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, currently reserved, shall hereafter read as follows, to-wit: "Section 7.205(13) of Ordinance No. 853, City Code of 1977, shall not be effective between the dates of May 16, 1980 and October 31, 1980, inclusive. Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. October 9, 1979 Page 4 The second reading wil] be at the next regular Council meeting and will constitute a public hearing. Councilman Heintz asked why the ordinance banning parking during winter months only hasn't had a second reading. Mayor Nawrocki answered that this ordinance will also come up on Monday, October 22 and the Council can decide then which ordinance will have a second reading. Motion by Norberg, seconded by Hentges, to consider the ordinance which previously had a first reading which would made the 2 a.m. to 6 a.m. ban on parking effective only during the winter months at the next regular meeting. Roll Call: All Ayes PLANNING AND ZONING COMMISSION RECOMHENDATIONS: 1. Norrn Dyer, 6500 Barrie Road Preliminary Approval P.U.D. Appeal from Denial A1 Carlson, City Planner, stated that the Planning and Zoning Commission has looked at several points which the Council asked them to discuss. They found that several of the items required to comply with a P.U.D. were not met by the Wendy's/Denny's proposal and tabled the matter at its last meeting. Mr. Bob Pace, developer's representative, stated that at the last Planning and Zoning meeting he explained to the residents that they had an agreement with the fee owners to develop the 20' buffer strip. They will also develop a 20' strip on the rest of the property owned by the Ostlund's. Mr. Pace presented to the Council copies of an agreement between the buyer and the seller to develop the open space. Councilman Heintz stated that this agreement doesn't lay out the plan as it was agreed 1:o with the neighbors at a rneeting in December. Mr. Pace answered that exhibit A,which the agreement refers to, is the agreement with the neighbors on the types and numbers of trees to be used in the area. Councilman Heintz asked that thiis be deferred until the neighbors can meet with the Council to discuss the document being presented. Mr. Pace added that his client is also willing to modify the plans as the neighbors ~ant as the project is completed. Councilman Heintz stated that he feels the Council and the neighbors were "taken" previously and he wants to be very careful that it doesn't happen again. He won't vote for anything unless the people in the neighborhood agree. Mr. Pace stated that he feels he has complied with every aspect of the P.U.D. ordinance. Discusslion followed on the agreement with Walquist and what can be done to insure that the green area is planted as agreed on. The Mayor stated that this proposed development is not in the City's best interest. Mr. Pace passed to the Council copies of the declaration of covenants and conditions which conveys the strip of property to the City, as requested by the Planning and Zoning Commission at its last meeting. October 9, 1979 Page 5 City Attorney Kalina stated that he is concerned with some of the items of the covenant. Mr. Miller, attorney for Norm Dyer, responded to the City Attorney's concerns regarding the City's ability to assess the property for work done by the City to maintain the green area. Motion by Heintz, seconded by Hentges, to deny the appeal on the basis of the deficiencies as noted by the Planning and Zoning Commission; that the declaration of covenant conditions failed to include an assessment mechanism and failed to include the right of entry for improvement of the proerty, and that the Council does not wish to accept the conveyance of the land. Councilman Norberg stated his position that the City should not be the owner of the strip of property but that the joint owners of the P.U.D. maintain the property. Discussion continued on the requirements of the P.U.D. ordinance and the Council's intent on its use. Mr. Novotny, lO61 Polk Place, stated that the neighbors are against any 24 hour establishment at this location. Motion by Heintz, seconded by Norberg, to defer further consideration of this matter until the first regular meeting in November. Roll Call: All Ayes COMPUTER ASSISTED APPRAISING Motion by Hentges, seconded by Logacz, to table this matter until the next regular meeting. Roll Call: All Ayes PLANNING AND ZONING RECOMMENDATIONS: 2. Harold Ostmoe, 633 45th Ave. N.E. Special Purpose Fence Motion by Hentges, seconded by Norberg, to concur with the Planning and Zoning Commission's recommendation and grant the special purpose fence. Roll Call: All Ayes 3. William Batson, 1331 45th Ave. N.E. Request for Variance Motion by Hentges, seconded by Heintz, to concur with the Planning and Zoning Commission's recommendation to approve a 2' side yard setback variance and a 1' front yard variance. Roll Call: All Ayes October 9, 1~7~ Page 6 TRAFFIC COMMISSION RECOMMENDATIONS: 1. 47th $ Fillmore, 46th and Fillmore, and Adjacent Areas Motion by Logacz, seconded by Hentges, to concur with the following Traffic Commission recommendations: (il that a stop sign be p]aced at Fillmore St. and 47th Ave. stopping northbound traffic on Fillmore St. (2) that parking on the south side of 47th Ave. from Fillmore to Pierce be limited to two hours (3) that a four way stop be placed at 46th Ave. and Fillmore St. (L~) to paint a crosswalk at 47th on the west side of Fillmore in ]ine with the existing crosswalk in Cheery Heights. Roll Call: All Ayes 2. 51s't Ave. & Jefferson St. Motion by Heintz, seconded by Logacz, to concur with the Traffic Commission's request to hold a hearing regarding the removal of the north stop sign on Jefferson st. at 51st. Roll Call: All Ayes Handicapped Parking 3848 2~ st. Motion by Heintz, seconded by Norberg, to concur with the Traffic Commission's recommendation for a handicapped parking sign to be placed in front of 3848 2~ St. Roll Call: All Ayes 4. Midland Cooperatives, Inc. Midland has asked that a crosswalk be painted across 53rd from the end of their sidewalk. Councilman Heintz stated he will vote against the motion until Fridley agrees to the crosswalk. Motion by Logacz to concur with the Traffic Commission's recommendation to paint a crosswal!k across 53rd subject to the agreement of Fridley and subject to Frid]ey's paying for one half the cost. Motion dies for lack of a second. Motion by Norberg, seconded by Nawrocki, to approve the crosswalk subject to the concurrence of Fric]ley. Roll Call: Logacz, Norberg, Nawrocki Heintz, Hentges Nay Aye PROPOSE[) CABLE SERVICE TERRITORY There has been a pr-oposal seeking a cable service territory including St. Paul~s surrounding suburbs. They are asking approval from Columbia Heights as the City abuts the proposed territory. This will be considered and a recommendation made by the Cable TV Advisory Committee. October 9, 1979 Page 7 ANOKA COUNTY COMMUNITY ACTION PROGRAM A letter was received from the Anoka County Community Action Program thanking the Council 'for its donation of $1,500 to the Coordinated Senior Outreach Program. FIRE DEPARTMENT RELIEF ASSOCIATION Mayor Nawrocki noted that the retired volunteers are asking for a meeting with the Council to discuss pension changes. The Volunteer Division of the Fire Department Relief Association is also asking for a meeting on the same subject. Motion by Hentges, seconded by Norberg, to set a work session for Monday, October 15 at 8:00 p.m. to meet with the volunteer division. Roll Call: Logacz, Norberg, Hentges, Nawrocki - Aye Heintz - Nay The Council will meet with the re, tired volunteers at another time. OLD BUSINESS: 1. Fence Between Hilltop and Columbia Heights Motion by Hentges, seconded by Norberg, to authorize the City Manager to expend monies for a fence to be located between Columbia Heights and Hilltop on Monroe St., between 46th and 46½ and award the bid to Midwest Fence Company in the amount of $995 based on low competitive bid. Roll Call: Ail Ayes 2. Paving Alleyway East of Polk St. Motion by Hentges, seconded by Norberg, to authorize the City Manager to expend monies for paving the alleyway east of Polk Street, work to be done by NDH in the amount of $32 per ton based on low, competitive bid. Discussion was held on the contracts the City has with NDH and their progress. Roll Call: All Ayes 3. Purchase of Filter Fabric Motion by Heintz, seconded by Hentges, to authorize the City Manager to purchase fabric to be used on roadway corrections on 42½ and 44½ from S.H. Bartlett Company in the amount of $3,108, based on low, competitive quotations. Roll Call: All Ayes The City Manager gave a brief summary of the continuing work on 42½ and 44½ and the cost of the removal of the binder course and gravel base necessary to complete the corrective work. October 9, 1979 Page 8 Notion by Heintz, seconded by Norberg, to handle the budget and the delinquent special assessments and extend the neeting only for these particular items. Roll Call: Heintz, Norberg Aye Hentges - Abstain Logacz, Nawrocki - Nay Notion fails. Notion by Heintz to adjourn. Hotion dies for lack of a second. Notion by Hentges to continue the agenda until it is finished. Motion dies for lack of a second. Notion by Logacz, seconded by Nawrocki, to continue the agenda to include the budget, delinquent special assessments, delinquent utilities, pay the bills and grant the licenses. Roll Call: Logacz, Hentges, Nawrocki - Aye Heintz, Norberg - Nay ADOPTING A BUDGET FOR 1980 Notion by Norberg to (1) reduce the expenditures listed under streets by $100,000 to reflect sea] coating, (2) to forecast S]O0,O00 more expenditure in PIR fund for seal coating under present practices, (3) reduce the amount to be levied under the Manager's proposal by $50,000, and (4) reduce by 107 the expenses forecast under conferences and schoo]s and reduce the levy correspondingly. Motion dies for lack of a second. Discussion was held on the proposal, the remainder of the budget, and the requests of the Park Board. Mayor Nawrocki noted that the Council is proposing to take the sea] coating in the amount of $]00,000 from the General Fund and drop the property tax levy $105,327, but reserving final determination on the specific items within these ]line items. The City Manager noted the required changes in the reso]ution. The Mayor stated again that the Council would be adopting a budget but reserving the right to review the expenditures and to make some changes in the specific items that are within the budget. Motion by Logacz, seconded by Heintz, to dispense with the reading of the resolution as sufficient copies were available for the public. Roll Call: All Ayes RESOLUTION 79-37 ADOPTING A BUDGET FOR THE YEAR 1980 AND LEVYING TAXES BE IT RE!SOLVED BY THE CITY COUNCIL OF THE CITY OF COLUNBIA HEIGHTS as follows: October 9, 1979 Page 9 Section A The General Fund budget for the City of Columbia Heights for the year 1980 is hereby approved and adopted with appropriations for each of the departments as follows: GENERAL FUND Mayor-Council $ 78,485 Executive 85,040 Finance-Assessing-Elections 157,325 General Buildings 70,080 Legal 60,810 Planning 32,605 Public Safety 1,349,365 Public Works 601,650 Sanitation 262,305 Library 139,395 Parks 332,525 Unallocated and Transfers 179,425 $3,349,010 Section B The estimated gross revenue of the City of Columbia Heights from all sources, including general ad valorem tax levies as hereinafter set forth for the year 1980, the same being more fully detailed in the City Manager's official copy of the 1980 budget~ are hereby found and determined to be as follows: GENERAL FUND $3,343,683 REVENUE SHARING $ 128,000 Section C There is hereby levied upon all taxable property in the City of Columbia Heights a direct ad valorem tax in the year 1979 payable in 1980 for the following purposes and in the following amounts: PURPOSE AMOUNT General Fund (Including Recreation) Police Pension Fire Pension Bond and Interest $1,171,808 104,000 65,80O 290,000 Sl,631,608 Provision has been made in the General Fund for payment of the City's contributory share to Public Employees' Retirement Association in the amount of $98,600. Provision has also been made in the General Fund revenues for receipt of the State Sales and Excise Tax local government aid distribution. Section D A certified copy of this resolution shall be transmitted to the County Auditor. Passed this 9th day of October, 1979 Offered by: Heintz Seconded by: Hentges Roll Call: All Ayes October 9, 1979 Page l 0 Motion by Heintz, seconded by Logacz, to dispense with the reading of the resolution confirming the tax levy by the HRA for 1980 as sufficient copies were available for the pub'lic. Roll Ca 11: All Ayes RESOLUTION 79-38 CONFIRMING TAX LEVY BY THE HOUSING AND REDEVELOPMENT AUTHORITY FOR 1980 BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, that WHEREAS~, the Housing and Redevelopment Authority of Columbia Heights, Minnesota has adopted a budget as shown on their attached resolution, and WHEREAS~ said Authority has also resolved that a special tax to be levied of $2~,957 upon all taxable property, both real and personal, in the City of Columbia Heights~, and WHEREAS~, Section 4G2.545, Subdivision 6, of the Minnesota Statutes requires approval by the governing body of the municipality in anJ for which said Authority was created. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Columbia Heights approves and consents to the levy of S2~,957 upon all taxable property, both real and personal, in the City of Columbia Heights, by said Authority, as special taxing district, for use for the purpose of the redevelopment provisions of Section Q62.711 of the Minnesota Statutes. Passed this 9th day of October, 1979. Offered by: Hentges Seconded by: Logacz Motion by Norberg to lower the levy in the amount of SlS,000 to $9,957 to repay the City for its loan to the HRA. Motion dies For lack of a second. Roll Call: Logacz, Heintz, Hentges, Nawrocki Norberg Nay Aye CERTIFYING DELINQUENT SPECIAL ASSESSMENTS Motion by Norberg, seconded by Heintz, to dispense with the reading as sufficient copies were available for the public. Roll Call: All Ayes RESOLUTION 79-39 CERTIFICATION OF DELINQUENT SPECIAL ASSESSMENTS October 9, 1979 Page 11 BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, that The County Auditor be, and he is hereby directed, to levy the delinquent special assessments on the properties in the City of Columbia Heights as submitted on the attached sheets and filed in the Assessment Book for 1979, totaling $50,266.29. 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". 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 November 15, 1979. Upon receipt of said payments the County will be notified to remove this levy from the tax rolls. Passed this 9th day of October, 1979. Offered by: Logacz Seconded by: Heintz Roll Call: All Ayes CERTIFYING DELINQUENT UTILITY CHARGES Motion by Heintz, seconded by Norberg, to dispense with the reading as sufficient copies were available for the public. Roll Call: All Ayes RESOLUTION 79-40 CERTIFICATION OF DELINQUENT UTILITY CHARGES BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, that WHEREAS, all utility users have been sent a pink care reminder that 'their bill was delinquent, and WHEREAS, all said users were further notified by letter from the City Clerk that all unpaid delinquent utility bills as of September 30, 1979 would be certified to the County Auditor to be included on the 1980 tax statements, BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights, that the County Auditor be, and he is hereby directed, to levy the delinquent utility charges on the properties in the City of Columbia Heights as submitted on the attached sheets, totaling $9,828.92 pursuant to Minnesota State Statute 444.075 Subdivision 3. October 9, 1979 Page 12 BE IT FURTHER RESOLVED that the foregoing amounts shall be included in the individual real estate tax statements and identified thereon as "Delinquent Utility Charges~ 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. Passed this 9th day of October, 1979. Offered by: Heintz Seconded by: Logacz Roll Call: All Ayes PAYMENT OF BILLS Motion by Logacz, seconded by Heintz, to pay the bills as listed out of their proper funds. Councilman Norberg stated he doesnJt agree with the payment to the HRA and he will vote against the motion because of this. Roll Call: Logacz, Heintz, Hentges, Nawrocki Norberg - Nay Aye LICENSES Motion by Heintz, seconded by Hentges, that licenses as listed be granted upon payment of the proper fees. Roll Call: All Ayes Motion by Heintz, seconded by Logacz, at ]:OO a.m. to recess and reconvene Wednesday at 9:00 p.m. to finish the agenda. Bruce G. Nawrocki, Mayor Council Secretary