Loading...
HomeMy WebLinkAboutApr 28, 1980OFFICIAL PROCEEDINGS REGULAR MEETING OF THE CITY COUNCIL CITY OF COLUMBIA HEIGHTS, MINNESOTA APRIL 28, 1980 The meeting was cal]ed to order at 8:02 p.m. by Council President Heintz. Roll Call: Logacz, Heintz, Norberg, Hentges -- present Nawrocki -- absent Mayor Nawrocki was at an MTC meeting and would join this meeting later. NAtIINC OF SECRETARY Motion by Norberg, Seconded by Hentges to appoint Arde]ie Burr as Secre- tary Pro-tem for this meeting. P,o]l Call: All Ayes INVOCATION The invocation was given by Councilman Norberg. MINUTES OF PREVIOUS MEETINGS Motion by Hentges, Seconded by Logacz to approve the minutes of the regular meeting of April 14 as presented in writing and the reading be dispensed with. Roll Call: All Ayes ORAL PETITIOhIS Steve Karn, /,227 Washington Street I~.E., was present: ant reported that Tues- day evening, April 22, a track team from the junior high school came running across Central Avenue at 4'3th Avenue anc cid not use the pedestrian wa!kway. This matter was referred to Chief Anderson who st&ted he wii! t~lk to the school and, hopefully ~his will not happen again. Gene Heffner, 4520 Stinson Boulevard, was present representing the Lions Club, requesting the Council's permission to hold the annual Jamboree from June 19 through 22 at Huset Park. Council President Heintz explained that this item would be considered under the '~Communications'~ section of the agenca. ORDINANCES AND RESOLUTIONS 1. Second Reading of Ordinance #913 Pertaining to Popcorn, Candy and Ice Cream Wagons The City Manager explained that this was the second reading of the ordinance. The first reading was held at the last regular meeting. The ordinance allows the operation hours for a non--moving popcorn, candy, or ice cream wagon to be extended until 10:30 p.m. Motion by Norberg, Seconded by Hentges that the ordinance be considered read and the formal reading be Gispcnsed with Sil-~ce there ~re ample copies avail- able for public inspection. ?,oI] Call: Al! A'ies April 28, ]980 page two ORDINANCE BEING AN ORDINANCE AHENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO POPCORN, CANDY AND ICE CREAN ~AGONS The City Council of the City of Columbia Heights does ordain: Section 1. Section 5.608(4)(c) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently reserved, shall here- after read as follows: 5. 60.3 (~) (c) Despite the hourly restrictions of 5.608(4)(a) and 5.608(~)(b) above, any licensee who sells or attempts to sell the products which are the subject of this section from not more than one location within a twelve hour period may conduct business until 10:30 p.m. Section 2. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: April 14, 1980 April 28, 1980 April 28, 1980 Offered by: Heintz Seconded by: Hentges Discussion continued and Councilman Norberg stated that he was concerned about the way that someone could move in and operate in a transient manner and could evade this ordinance. He also wondered what the original rationale was for the prohibition of being open beyond 8:30 p.m. Council President Heintz and the City Attorney explained that if someone did move in, they would still have to be licensed. In regard to being open beyond 8:30 p.m., the rationale was because of the ringing of their bells. The City Attorney stated that the noise portion of the ordinance is still applicable. Councilman Norberg asked if the purpose of the ordinance was to legitimize one operation. It was stated that this is not so. Roll (:all on Ordinance: Logacz, Heintz, Hentges -- aye Norberg -- nay Ordinance 913 is adopted. 2. Resolution Authorizing Application for Hinnesota Housing Finance Agency Housing Rehabilitation Grant Funds The Ciity Hanager presented copies of a resolution that will allow the City to apply for $37,/~22 for home improvement grants from the Hinnesota Housing Finance Agency. The grants are administered through the H.R.A. Roger Jensen, Director of the H.R.A., was present to review this item with the Council. He stated that the application was the same as has been filled out for the last four years, and that the dollar amount was almost identical. Counciilman Logacz asked about the formula and the limitations. Roger Jensen explained that the amount is based on income and done on a metro-wide basis. April 28, 1980 page three The formula has not changes in the last four years. Also, to be eligibie, you have to have an adjusted income of $5,000 or less. He also stated that each grant would be $5,000 and you would have to live in the dweiling for seven years. The resolution was read by the City Manager with the proper insertions. RESOLUTION 80-18 AUTHORIZING APPLICATION FOR MHFA HOUSING REHABILITATION GRANq FUNDS WHEREAS, The Minnesota Housing Finance Agency, State of Minnesota, has been authorized to undertake a program to provide 9rants of funds to property owners for the purpose of housing rehabilitation; and, WHEREAS, The Housing and Redevelopment Authority of Columbia Heights has developed an application as an Administering Entity for the Minnesota Housing Finance Agency Home Improvement Grant Program; and, WHEREAS, The Housing and Redevelopment Authority of Columbia Heights has demonstrated the ability to perform the required activities of the Minne- sota Housing Finance Agency Home Improvement Grant Program; NOW, THEREFORE, BE IT RESOLVED, that the Housing Redevelopment Authority of Columbia Heights is hereby authorized as an entity to be charged with the administration of funds made available through the Minnesota Housing Finance Agency Home Improvement Grant Prooram. in the County of Anoka, City of Columbia Heights. Offered by: Logacz Seconded by: Hentges Roll Call: All Ayes Resolution is adopted. 3. First Reading oS Ordinance Pertainino to Regulation of Municipal Parking Lots The City Manager stated that it had been brought to his attention by the Police Chief that, after the City Council approved the restricted parking in front of the fire station, there was not a proper ordinance to enforce the sign. This is the first reading of the ordinance that would take care of this, and the on]y change would be the addition of the word "municipal" parking lot in Section I and 2. Motion by Norberg, Seconded by Hentges that the first reading of the ordinance be considered read and the reading be dispensed with since ample copies are available for public inspection. Roil Call: A!I Ayes April 28, 1980 page four The second reading constitutes a public hearing wh ch will be held at the next regular council meeting. Councilman Norberg asked that, in view of the publ c safety nature of this particular ordinance, if it would be in order to consider it an emergency ordinance and act on it immediately. The response was no. ORDINANCE NO. BEING AN ORDINANCE AHEND1NG ORDINANCE NO. 853, CITY CODE OF ]977, PER- TAINING TO REGULATION OF HUNICIPAL PARKING LOTS THE CITY COUNCIL OF THE CITY OF COLUHBIA HEIGHTS DOES ORDAIN: Section I. Section 7.102(1) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: The Council may regulate the use of streets, alleys, and public ways by the owner, or by persons operating or in control of any vehicle or bicycle, provided that such regulations are not in con- flict with Article 1 of this chapter. The provisions of Article 1 of this chapter shall be considered as controlling over any other provisions of this chapter that are inconsistent therewith or in conflict thereto. is amended to read as follows, to-wit: The Council may regulate the use of streets, alleys, municipal parking lots, and public ways by the owner of, by person opera- ting, or by persons in control of any vehicle or bicycle, pro- vided that such regulations are not in conflict with Articte 1 of this chapter. The provisions of Article 1 of this chapter shall be considered controlling over any other provisions of this chapter that are inconsistent therewith or in conflict thereto. Section 2. Section 7.102(2)(b) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: Any public street or alley or portion thereof is subject to regulation by the Council or by the administrative service, as is necessary to prevent accidents, to eliminate traffic conges- tion, to provide public access to adequate parking facilities, or to otherwise promote the safety and welfare of the City, is hereafter amended to read as follows, to-wit: Any public street, alleys, municipal parking lot or portion thereof is subject to regulation by the Council or by the admin- istrative service, as is necessary to prevent accidents, to elim- inate traffic congestion, to provide public access to adequate parking facilities, or to otherwise promote the safety and wel- fare of the City. April 28, page five Section 3. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: April 28, 1980 COMMUNICATIONS 1. Letter from Lions Club regarding 1980 Jamboree The City Manager presented a copy of a letter from Mr. Gene Heffner, 4520 Stinson Boulevard, requesting permission to hold the Columbia Heights Jam- boree from June 19 through 22 at Huset Park. He stated that the Park Board had already approved this in the late fall or early winter for the purpose of advanced planning. Motion by Logacz, Seconded by Hentges for authorization of granting the use of Huset Park from June 19 through 22 for the annual Columbia Heights Jamboree sponsored by the Lions Club. Roll Call: All Ayes 2. Letter from Anoka County Historical Society regarding Funding The City Manager presented a copy of a letter from Maxine A. Larson, President of the Anoka County Historical Society, indicating a substantial reduction in Anoka County funding, effective January of this year, and the Society is now seeking funding from local jurisdictions. She is asking that Columbia Heights appropriate funds for the benefit of the historical society and quotes Minnesota Statutes applying to County and Local Histor- ical Societies~ Chapter 138c052, "The governing body of any city or town excepting cities of the first class may appropriate annually an amount from its general fund if not to exceed 1/3 of 1 mill of the assessed value of the taxable property in the city or town, but not to exceed $500.00." Motion by Logacz, Seconded by Hentges to authorize an expenditure of $500 for the Anoka County Historical Society, monies to come from the General Fund. (Councilman Hentges seconded the motion for purposes of discussion.) Councilman Logacz felt that the City should support this, because it is an educational project in nature and worthwhile for the future and for our chil- dren. Councilman Hentges stated he would like to see a budget as to how they spend their money. He also felt that they should be at the meeting to repre- sent themselves. Councilman Heintz asked the City Manager if he had asked them to come. The City Manager stated that he had just received the letter on Friday and had not contacted the people involved. In light of this, Council President Heintz suggested a motion to table this item until the next regular meeting and ask the people to present themselves and the program and be pre- pared to answer various questions. April 28, 1980 page s i x Motion by Logacz, Seconded by Heintz to table this item until the next regular Council meeting. Roll Call: Logacz, Heintz -- aye Norberg, Hentges -- nay Motion is defeated. Hain motion to approve the S500 expenditure: Roll (:all: Logacz, Heintz, Hentges -- aye Norberg -- nay Motion carries. Petition requesting Alley between 2~ Street and 3rd Street, from 37th Avenue to 38th Avenue, be Resurfaced The City Manager presented a petition front eight residents on 2~ Street requesting that the above alley be resurfaced during this construction season. He also indicated that this item is included under the Capital Improvement Project for the Public Works Department. Council1 President Heintz asked when we will be having a hearing on these items,. The City Manager stated that this could be discussed with the Capital Improvement Project item later in the agenda, as he did not have a specific date. Motion by Norberg, Seconded by Hentges that the petition be accepted and placed on file and that the City Manager be instructed to ca]] a hearing post project in conjunction with the other hearings to be held and to be deterrained. There was a continued discussion and Councilman Norberg asked if the petition included signatures of ~] percent of the resident property owners. The Public Works Director stated that it did. Council President Heintz noted that the charter states that if over ~O percent of the resident property owners request that something be done, it must be donel however, a hearing must still be held first. Roil (:all on above motion: A11 Ayes 4. Letter from Daniel Beaman regarding Tax Forfeit Property Transaction The City Manager presented a copy of a letter from Mr. Daniel Beaman regarding 956 ~ji~ Avenue, as well as a letter from the City Attorney stating that Mr. Beaman is not in a position to follow through on his transaction to purchase this tax forfeit property from the City. He stated that Mr. Beaman submitted a bid of $12,0OO for the parcel. The necessary documents have all been pre- pared and the City is now in a position to provide a quiet title to Mr. Beamani but, because of the financia] conditions of our economy, he is having a difficult time securing a ]oan. The City Manager suggested that we continue to hold on to the transaction and allow Mr. Beaman to make arrangements in the future. He recommended that the Council allow this transaction to continue and we will be in contact with Mr. Beaman. If, within a reasonable period of April 28, 19S0 page seven time he is not able to follow through, then we will terminate the Furchase agreement. Councii President Heintz disagreed, saying the ~and has gone up in price and we should put the lot up for' sale again. Motion by Norberg, Secondec by Hentges to cancel the: purchase agreen~ent with Daniel Beaman regarding 556 Ii}½ Avenue. The City Manager stated that the last time we went out for bids we received two bids, one for ~!2,00C and one for $~,500. Hr. Bearnan~s bid was $!2,000 and we continue to hold his deposit. Yhe deposit on the second lid was turned over to the previous bidder once the ordinance was approved tc aL:th- orize the Mayor and City Manager to enter into a purchase agreement, and we continue to hold the $2,Z. 00 bid deposit of Mr. Beamen. lhere was continued discussion on the cancel la:ion and the bid deposit. Roll Call on above motion: All Ayes Councilman Norberg asked if it would be appropriate at tkis time to direct the City Manager to re-advertise for the sale of this property. The City Attorney did not think it was appioprigte yet. There was further discussion as to the amount of expense we have incurred. Councilman Loggcz seated that Mr. Beaman had the right intent and we should not penalize him. Hayor Nawrocki joined the i:;eeting at ~:50 p.m. 5. City of Fridley Comprehensive Plan 'ri~e City l'lar, agcr noted thcc this is gn information item. We have receivecl a copy of Friciley's comprel~ensive plan. The docurnen~ is rather voiu~'.inous; i~owever, copies will be Forwarded to the Planning ~nd Zoning Commission For their review and recomn~endation. Un]ess the Counc~] indicates to the conLrar'f, we will likewise prepare copies of the p:an for individua] goun.:i: n~ember's, The Council did not see a need for copies of this plan since it does go to the Planning and Zoning Commission and they will come to the Council with a recommendation. This was considered an informational item and no action was taken. OLD BUSINESS: The Mayor asked when the Council will be receiving Columbia HeightsI Compre- hensive Plan. The City Manager stated they are working on segments of it and will be submitting it to zhe Planning and Zonirlg Commission at their work session in May. 1. Review of St. Anthony Comprehensive Plan The City Manager stated that this item appeared on the last meeting agenda and was adopted by the Planning and Zoning Commission at their regulaF meet ng on April 1. April 28, 1980 page eight RESOLUTION 80-19 REVIEW OF ST. ANTHONY'S COMPREHENSIVE PLAN WHEREAS, the City of St. Anthony has prepared and completed a Comprehensive Plan pursuant to the Metropolitan Land Planning Act, and WHEREAS, the City of St. Anthony, pursuant to Hinnesota statutes 473.858, Subdivision 2, has submitted their proposed Comprehensive Plan to the City of Columbia Heights for review and comment, and WHEREAS, the City Council has carefully reviewed the various elements of the plan in regards to its scope and effect upon the City of Columbia Heights. NOW THEREFORE, BE IT RESOLVED, the City Council of Columbia Heights expresses and forwards its opinion that no adverse effects are perceived to fall upon the City of Columbia Heights as the result of the City of St. Anthony imple- menting its proposed Comprehensive P]an. Offered by: Norberg Seconded by: Hentges There was further discussion as to the Salvation Army Camp, if they have intentions of selling, and how they are zoned. Hotion by Norberg, Seconded by Hentges that the Council table further con- sideration of this matter until later in the meeting. Roll Call: All Ayes 2. Acquisition of Tax Forfeit Parcels The City Manager stated that a memo from Roger Jensen, Director of the Housing and Redevelopment Authority, indicates the interest in possibly relocating some of the buildings presently in the Downtown Development area to some of the tax forfeit parcels in Columbia Heights. He noted that there was one additional item to be added to the list: plat 34416, parcel 4120. Roger Jensen explained that if it is approved, there would possibly be a hearing in June. Motion by Heintz, Seconded by Logacz to authorize the Mayor and City Hanager to execute the appropriate documents to provide for the acquisition of the following tax forfeit parcels: Plat Parcel Address 33365 1627 133365 1624 33365 1945 33365 7472 33365 7475 33365 7478 34416 3720 34416 2720 34416 4120 4232 Fifth Street 4236 Fifth Street 4229 Seventh Street 568 38th Avenue 572 38th Avenue 576 38th Avenue 4237 - 4259 Pierce Street 1227 42~ Avenue 1402 - 141l 42~ Avenue April 28, 1980 page nine Also, to authorize soil borings for the above addresses, with costs to be expended from the General Fund Unallocated Fund Ba;ance. Amended motion by Hentges, Seconded by Norberg to withdraw the three parcels: 568, 572, and 576 38th Avenue. Roll Call: All Ayes Roll Call on Main Motion: Logacz, Heintz, Hentges, Nawrocki --- aye Norberg -- abstain 3. Acquisition of Five Homes -- Implementation of City's Year II CDBG The City Manager stated that the recommended motion speaks to this item. Roger Jensen noted that the third year application is due on June 13, 1980, and that we must, by that time, show some progress. Motion by Heintz, Seconded by Logacz to authorize the HRA to begin land acquisition of the five homes iocated on the south side of 41st Avenue. This project represents the initial implementation of the City's Year II Community Development Block Grant. There was further discussion by Councilman Logacz as to this development project, and also considerable discussion by Council members. Roll Call: All Ayes The City Manager stated that Roger Jensen had one more item on the agenda; establishing a hearing date for public hearing on the Community Development Block Grant application (third year). The Mayor stated he would take care of that item after a recess. The Nayor asked the audience if there were any items to consider before a recess. RECESS: 9:35 P.M. RECONVENE: lO:e0 P.M. NEW BUSINESS: ]. Bids on Sullivan Lake Park Sprinkling System The City t~anager presented a memo and bid tabu]at]on from the Public Works Director on the Sullivan Lake Park water supply system. The low bidder was Ideal Enterprices, Inc. of Eden Prairie, MN, in the amount of $37,263. Hot]on by Hein~z, Seconded by Norberg to award the [)id on the Sullivan Lake Sprinkling System to Ideal Enterprises, Inc. of Eden Prairie in the amount of $37,263.00, based on low, competitive bid; and that the Mayor an5 City Manager be authorized to enter into contract for same. Mayor l~awrocki explained who is paying for this project. The City Hanager explained that the City would pay for the installation to provide the water. The sprinkling system itself is paid for by Midland Cooperatives. There was further discussion on the pump system. Roll Call on above motion: All Ayes April 28, 1980 page ten Because of the time, the 1980 Public Works Capital Improvement Program and the 37th Avenue Agreement items will be taken up later in the meeting. 2. St. Anthony Comprehensive Plan The Mayor stated he had received the answer to his question that the Sal- vation Army Camp continued to be a recreational zone. Also, the City Attorney discussed the water system. It was decided that the Mayor draft a letter to the Mayor of St. Anthony in regard to plans for the water system, suggesting as to how they might so]ve the problem before something serious occurs. Motion by Norberg to table this item. Motion dies for lack of a second. Roll Call on Resolution 80-19 (previously read): Alt Ayes Request to Call For Bids on Miscellaneous Concrete Work i.~otion Dy ~eintz, Seconded by Norberg to authorize the City Manager to call for bids on miscellaneous concrete ~vork, said bids to be opened at 2:00 p.m. on May 22, with a report to the following regular Council meetin9. There was further discussion on the concrete work. Roll Call: AIl Ayes 1!)80 Fourth of July Fireworks Display Motion by Logacz, Seconded by Heintz to authorize the Mayor and City Manager to enter into contract with Arrowhead Fireworks Company, Inc. in the amount of $4~500 for fireworks for the Fourth of July Celebration in the City of Columbia Heights. Roll Call: Logacz, Heintz, Nawrocki -- aye Norberg, Hentges -- nay Motion carries. 5. Bids on Tractor for Park Department The City Manager asked the Council to approve this item and explained that we did not receive a satisfactory bid on the trade-in. The trade-in will be held for the Hennepin County Auction. There was further discussion on the one bid, specifications, and other brands. Motion by Logacz, Seconded by Heintz to award the bid on the 72 inch rotary mower for the Park Department to Minnesota Toro in the amount of $8,250, based on iow, competitive bid received; and that the Mayor and City Manager be authorized to enter into contract for same. The difference between the budgeted amount and the actual cost of the tractor is to come from the Reve- nue Sharing Unexpended Fund Balance. Roll Call: Logacz, Heintz, Hentges, Nawrocki -- aye Norberg -- nay Motion carries. April 28, 1980 page eleven 6. Establishing Hearing Date for Public Hearing on CDBG Application (Third Year) The City Manager noted that this was an informational item and the Notice of Public Hearing would be May 19, 1980 at 7:00 p.m. and 7:30 p.m. in the City Council Chambers. Councilman Hentges suggested that this night could also be used as a work session. 7. Rettke on 38th Avenue Memos from the City Attorney and the Public Works Director were presented asking the Council to authorize the City Manager to engage Kurth Engineering, a registered land surveyor, to prepare a legal survey of the property at 564 38th Avenue, indicating the location of the City's property line and its relationship to the residence. There was further discussion op this item and Councilman Hentges stated he did not feel the City was respon- sible for surveying this property. Motion by Norberg, Seconded by Hentges that the recommendation of the City Manager be denied. Roll Call: All Ayes 8. Call for Bids for the Planting of Trees on Public and Private Property The City Manager asked the Council to authorize the call for bids on the planting of trees on public and private property on Wednesday, May 21, 1980 at 2:00 p.m., and the results to the Council on May 27. Hotion by Hentges, Seconded by Heintz to authorize the City Manager to call for bids on the planting of trees on public and private property, said bids to be opened on Wednesday, May 21, at 2:00 p.m. The Mayor asked if this would be as in past years, allow private individuals to partake of the tree purchase at the City's bid prices. The City Manager stated it would. Roll Call: All Ayes Informational Item The second regular meeting in May falls on Memorial Day; therefore, the meeting will be held on Tuesday, May 27. Motion by Hentges, Seconded by Heintz that the City Council meeting recess and reconvene after the Fire Department Relief Association, Volunteer Division meeting. Roll Call: Logacz, Heintz, Hentges, Nawrocki -- aye Norberg -- nay RECESS: 10:30 P.M. RECONVENE: 12:06 A.M. Payment of Bills Motion by Heintz, Seconded by Logacz that the bills as listed be paid out of the proper funds. Roll Call: All Ayes April 28, 1980 page twelve Licenses Motion by Heintz, Seconded by Hentges that the licenses as listed be approved upon payment of proper fees. Roll Call: All Ayes Other Old Business Rick I_ange of the Fire Department Volunteer Division spoke regarding the tax forfeit property transaction of Daniel Beaman and stated that he would again like to submit a bid and pay cash for this property. He was con- cerned that the transaction might go through without him getting his bid in. The City Attorney stated that he would let hint know, but that it would be forty-five days. The Chair recessed the meeting at 12:10 a.m. until 8:00 p.m. Tuesday, April 29, t980. ? ~ I I , l ,,,.4,Ji11 ' Bruce G. Nawrocki, Hayor Ardel'le Butt, Secretary Pro-rem ab/kk