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HomeMy WebLinkAboutJun 22, 1981Official Proceedings Columbia Heights City Council Regular Meeting June 22, 1981 The meeting was called to order by Mayor Nawrocki at 8:03 pm. 1. Roll Call: Logacz,. Heintz, Norberg, Hentges, Nawrocki--present 2. Invocation The Invocation was offered by Robert Bocwinski, City Manager. 3. Minutes of Previous Meetings Motion by Heintz, second by Logacz to approve the minutes of the Public Hearing- Columbia Heights Mall of June 8th; the Public Hearing-Terry Evenson of June 8th; and the Regular Council Meeting of June 8th, with the corrections noted, as pre- sented in writing, and that the reading be dispensed with. Roll call: All ayes 4. Oral Petitions George Haluska, 4233 Quincy St. N.E., had three concerns he brought to the at- tention of the Council; condition of the water that had collected in Jackson Pond after a previous rain, traffic at the intersection of 42nd Avenue and Jef- ferson Street and cost of land acquisition at the Ruvelson site. These three items were discussed and it was suggested Mr. Haluska attend the Traffic Commission regarding the traffic problem on Jefferson Street. 5. Ordinances and Resolutions a. First Reading of Ordinance No. 960 being an ordinance amending Ordinance No.853, City Code of 1977, pertaining to prohibition of motorized vehicles on sidewalks and highway traffic re.~ulations ORDINANCE NO. 960 BEING AN ORDINANCE A~NDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO PROHIBITION OF MOTORIZED VEHICLES ON SIDEWALKS AND HIGHWAY TRAFFIC REGULATIONS The City Council of the City of Columbia Heights does ordain: Section 1: Section 7.204(9) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently reserved, is herewith amended to read as follows, to-wit: "7.204(9) No person shall drive or operate a motor vehicle, including motor- cycles, motorized bicycles, or motor scooters, upon any sidewalk at any time within the City except when such operation is necessary for the most direct access to a roadway from a driveway, alley or building." Section 2: Section 7.101(1) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, as amended August 9, 1979, by Ordinance No. 904, which reads as follows, to-wit: "The Minnesota Highway Traffic Regulation Act, enacted as Minnesota Statutes Chapter 169, together with all amendments thereto through 1979, is hereby adopted by reference and made a part hereof as if fully s~t forth herein. Minnesota Statutes Chapter 171, Drivers Li- censes ~nd Driver Training Schools, together with all amendments thereto through 1979, is hereby adopted by reference as if fully set forth h~rein. Minnesota Statutes Chapter 168, Motor Vehicles, to- gether with all amendments thereto through 1979, is hereby adopted by reference as if fully set forth herein." Regular Council Meeting June 22, 1981 page 2 is herewith amended to read as follows, to-wit: "The Minnesota Highway Traffic Regulation Act, enacted as Minnesota Statutes Chapter 169, together with all amendments thereto through 1981, is hereby adopted by reference and made a part hereof as if fully set forth herein. Minnesota Statutes Chapter 171, Drivers Li- censes and Driver Training Schools, together with all amendments thereto through 1981, is hereby adopted by reference as if fully set forth herein. Minnesota Statutes Chapter 168, Motor Vehicles, to- gether with all amendments thereto through 1981, is hereby adopted by reference as if fully set forth herein." 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: June 22, 19~1 Offered by: Seconded by: Roll call: Bruce G. Nawrocki, Mayor Jo-Anne Student, Secretary to the Council Motion by Heintz, second by Norberg to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes The second reading of this ordinance wi~l be on July 27th and will be a public hearing. b. Resolution 81-36 resolution of the City of Columbia Heights, Minnesota, granting authorization to enter into an agreement with the State of Minnesota, Department of Transportation for para transit assistance service funds for calendar year 1982. Motion by Heintz, second by Norberg to waive the reading of the resolution there bein~ am01e copies available to the public. Roll call: All ayes RESOLUTION 81- 36 RESOLUTION Of THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, GRANTING AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION FOR PARA TRANSIT ASSISTANCE SERVICE FUNDS WHEREAS, the City of Columbia Heights has been operating a para transit program called SHARED RIDE since December 1, 1978, with para transit assis- tance from the Minnesota Department of Transportation; and, WHEREAS, the SHARED RIDE PROGRAM has demonstrated to be serving a grow- ing number of the population in the last year and show a continuing need for this service; and, NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights enter into an agreement with the State of Minnesota, Department of Transportation, to provide a public transportation service in the City of Columbia Heights and certain points outside of the city limits for fiscal year 1982; and, RegUlar Council Meeting June 22, 1981 page 3 BE IT FURTHER RESOLVED, that the City Columbia Heights agrees to provide · 3333 percent of the: total deficit of the transit project from local funds not to exceed $12,000.O0 from the General Fund in fiscal year 1982; and, BE IT FURTHER P;ESOLVED, that authorization to execute the aforementioned agreement is hereby given to the Mayor and City Manager; and, BE IT FURTHER P;ESOLVED, that the City Manager and Administrative Assis- tant to the City Manager is hereby authorized to execute requests for reim- bursements from the Minnesota Department of Transportation. Passed this 22 day of June, 1981. Offered By: Heintz Seconded By: Hentges Roll Call: All ayes //Jo-~khne Student, Council Secretary Bruce ~G Nawrocki, Mayor CERTIFICATION I hereby certify that the aforegoing resolution is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Columbia Hei'ghts, at a duly authorized meeting thereof held on the 22 day of June, 12)81 as shown by the minutes of said meeting in my posses- sion. John E. Schedler, City Clerk c. Resolution 81-37 being a resolution requesting 1980-1981 local planning assistance discretionary grant funds from the Metropolitan Council This resolution is to request additional grant funds from the Metropolitan Council to underwrite the costs of the City's proposed Comprehensive Plan. Motion by Norberg, second by Heintz to waive the reading of the resolution there being ample copies avai)able to the public. Roll call: All ayes RESOLUTION 81-37 RESOLUTION REQUESTING 1980-81 LOCAL PLANNING ASSISTANCE DISCRETIONARY GRANT FUNDS FROM THE METROPOLITAN COUNCIL WHEREAS, the Metropolitan Land Planning Act, Minnesota Statutes, Section 473.852-473.872 required that the City of Columbia Heights prepare and submit a comprehensive plan to the Metropolitan Council; and ~HEREAS, the Metropolitan Council and the City of Columbia Heights have entered into a contract numbered 7832 dated 1/22/79 which was subsequently amended on January 25, 1980; and Regular Council Meeting June 22, 1981 page 40~ WHEREAS, the Metropolitan Council has allocated zero amount of money to the City of Columbia Heights in additional grant funds for 1980-81; and WHEREAS, the City of Columbia Heights has completed the planning program required of it by the Metropolitan Land Planning Act; and WHEREAS, the actual total cost of the required planning activities was as documented by the funded portion completion report and Appendix IOA Work Program Amendment attached hereto; and WHEREAS, the Metropolitan Council has established a di'scretionary fund from which to make awards to local units demonstrating a need for additional funds and having a lack of financial resources; and WHEREAS, the City of Columbia Heights believes that it is qualified to received discretionary funds, as demonstrated on the attached application form; and WHEREAS, the total grants from the Metropolitan Council of $15,937 would not exceed 75 percent of the total actual cost of carrying out the required planning; and WHEREAS, grant funds from other sources, plus Metropolitan Council grants, will not exceed 100 percent of the actual planning cost. NOW THEREFORE, the City of Columbia Heights requests $8,285 in 1980-1981 discretionary grant funds and authorizes Mayor Bruce Nawrocki to execute the Agreement Amendment to the above referenced contract on its behalf. Passed this 22 day of June, 1981. Offered by: Logacz Seconded by: Hentges Roll Call: All ayes truce G. Nawrocki, Mayor .J~rc~~~ud~nt, Councii d. Resolution transferring monies to develop plans and cost estimated for a new Community Center and renovation of Murzyn Hall. This resolution deals with the transfer of monies from the General Fund- Unexpended Fund Balance to the Community Center Fund for the purpose of retaining an architectural firm to provide for architectural and engineering services to develop costs and plans for the construction of a Community Center facility at the Senior High, renovation of Murzyn Hall to accommodate the needs of the Senior Citizen Programs in the City and general improvements at Murzyn Hall which will provide for continued use by the general public. Councilman Norberg felt this action need not be done by resolution but could be done by a motion. Motion by Norberg, second by Hentges that the City Manager be authorized to draw from the Unallocated General Expense up to $150,OOO for the purpose of funding the Regular Council Meeting June 22, 1981 page 4 architectural and engineering administrative costs necessary to develop the plans and cost estimates for the construction of a Community Center facility at Columbia Heights Senior High School and for the renovation of Murzyn Hall to accommodate the needs of a Senior Citizen Program. The Mayor questioned if this action could be taken by a motion or if it needed a resolution. The City Attorney advised that the motion be ruled out of order in order to serve the subject for more clarity. The Mayor suggested the reason for using the form of a motion versus a resolution was to avoid a referendum. The mayor ruled the motion out of order. Councilman Norberg appealed the rule. Discussion followed concerning how many votes would be needed to appeal the rule of the Chair. The City Attorney advised that this matter be considered later in the meeting after he had time to consult the Robert's Rules of Order manual. e. Resolution 81-38 being a resolution establishing polling places Motion by Heintz, second by Hentges to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes Two changes will be effected by this resolution; precinct four polling place wi!l be moved from Silver Lake School to Shiloh Bethany Presbyterian Church, precinct nine will be moved from Nelson School to Valley View .School. Precinct two will remain at Columbia Junior High School until a determination is made as to the use of the build- ing. Valley View School is not in precinct nine but is within the legal limits (1500 feet) of the precinct to be used as a polling place for that precinct. No other public building is within the boundaries of precinct nine that could be used. RESOLUTION 81-38 ESTABLISHING POLLING PLACES BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, that the following locations are designated as Polling Places for the City of Columbia Heights: Precinct One - Precinct Two - Precinct Three - Precinct Four - Precinct Five - Precinct Six - Precinct Seven - Precinct Eight - Precinct Nine - John P. Murzyn Hall Columbia Junior High School Parkview Villa Shiloh Bethany Presbyterian Church Prestemon Park Building Highland Elementary School Highland Elementary School Valley View Elementary School Valley View E)ementary School Passed this 22nd day of June, 1981. Offered by: Heintz Seconded by: Logacz Roll Call: All ayes //lo-)krOne Student ,'~,ounc il Secretary Bruce 11. Nawrocki, Mayor Regular Council Meeting June 22, 1981 page 5 6. Communications Summary of Key Items in Association of Metropolitan Municipalities Legislative Program A summary was received from the AMM regarding specific 1981 legislation affecting municipalities. This was an informational item. 7. Old and New Business a. Old Business There was no old business b. New Business 1. Agreement to Use Columbia Junior High School for Recreational Purposes The Council received a Memorandum of Understanding which would have constituted an agreement between the City and School District to use Columbia Junior High School on an interim basis until a final decision is made with regard to a Community Center. This agreement would provide for recreational facilities and the continua- tion of the present recreational program. Councilman Heintz felt it would be ill- advised to execute this agreement without knowing how much money the City would be spending to prepare Columbia for the recreational programs. An inspection had been made by the Fire Chief regarding the building's fire and safety needs. The report on this inspection had not been received by staff or Council at this time. Council- man Heintz feels this report and other information sho~l~ be ~tt~n befor~ the C, itv makes a commitment. Councilman Norberg thought that what this agreement would be is a standby agreement so the school could be considered as being available for these programs. He felt if the costs proved to be too high it would not be authorized by the Council. The Mayor agreed with Councilman Heintz that specific costs for the preparation of the building should be required before any agreement is made. Motion by Norberg, second by Logacz to authorize the Mayor and City Manager to execute a Memorandum of Understanding with School District # 13 for the use of Columbia Junior High School on an i~;terim basis. The Mayor noted this appears to be more than a Memorandum of Understanding but is really a contractural agreement with the School District on this facility. He knows the sense of urgency to get this matter decided is to accommodate the printing of the fall and winter recreation brochure, but felt it would be misleading to authorize the use of the school at this time only to find at a later date it would cost more money than the City can spend which would ultimately see the cancellation of the programs scheduled for Columbia. Councilman Hentges suggested other facilities should be explored to be used on an interim basis such as gyms or classroom space in church complexes in the community. Motion by Heintz, second by Hentges to table this matter until the next regular or special meeting of the Council for additional information including the fire inspec- tion report and cost estimates. Roll call: Logacz, Heintz, Hentges, Nawrocki--aye Norberg--nay 2. Establish Date for Public Hearlng Regarding 1513 37th Avenue The City Attorney has recommended that a public hearing be established in order that the City Council may consider testimony from the inspector and the appraiser with regard to a decision to issue an order of repair or removal of the structure at 1513 37th Avenue. Motion by Heintz, second by Norberg to establish July 27th at 8:00 pm for a Public Hearing to consider an order to repair or removal of the hazardous building at 1513 37th Avenue. Roll call: All ayes Regular Council Meeting June 22, 1981 page 6 3. Authorization to Seek Bids for Renovation of Bathrooms in Murzyn Hall Motion by Norberg, second by Heintz to authorize the City Manager to call for bids to undertake the renovation of the bathrooms at Murzyn Hall. The City Manager told the Council this action could be subject to change if a decision is made in the near future on the Community Center. Councilman Heintz felt this work should be done in Murzyn Hall because it is needed now and must be brought up to code. He thinks it should not be put off until a decision on the Community Center is made. Councilman Norberg agreed wi'th this opinion. The Mayor suggested relocation of the bathrooms may be a consideration and to wait for more information may be an advantage. Roll call: Logacz, Heintz, Norberg, Hentges--aye Nawrocki--nay 4. Authorization to Purchase/Award of Contract a. Street and Parking Lane Striping-1981 Motion by Hentges, second by Norberg to authorize the award of striping work to AAA Striping Service Co. in the amount of $1,413.08; based upon iow, informal quotation. Roll call: All ayes b. Miscellaneous Sign Order Motion by Norberg, second by Hentges to authorize the purchase of miscellaneous signs from W.L.V. Sign and Supply, Inc. in the amount of $1,577.60; based upon low, informal quotation. Roll call: All ayes c. Maintenance Contract for Servicing of Various Heating Units in City-Owned Buildings otion by Norberg, second by Hentges to authorize the Mayor and City Manager to enter into maintenance contract with Minnegasco in the amount of $1,810.O0; based upon low, informal quotation. The Public Works Director advised the Council of the nature of this contract and of all of the details. The Mayor requested that the service rendered on this contract be regularly observed so a detailed evaluation can be made at the end of a year. Roll call: All ayes 5. Appointment of City Staff a. Bodyman/Maintenance Painter ~totion by Heintz, second by Logacz to establish the rate of $8.43 for Steve Leese, Bodyman/ Maintenance Painter effective June 16, 1981. Roll call: All ayes b. Liquor Accounting Clerk Motion by t~orberg, second by Logacz to establish the rate of $5.82 for Debra Johnson, Liquor Accounting Clerk, effective June 23, 1981. Roll call: All ayes 6. Conferences and Seminars Motion by Norberg, second by Logacz to authorize the attendance of Robert Bocwinski, City Manager, at the international City Management Association 67th Annual Conference, September 20-24, 1981, in Anaheim, California; and furthermore, that travel expenses be reimbursed (approximately $800). The City Manager informed the Council that air fare is included in the estimated cost but he felt that he could a get a considerably lower fare depending on wbat?'special" or "supersaver" fares were available at the time. The Mayor felt the City Manager's time would be better spent working on problems in the City and not away for that length of time. 1 call: Logacz, Norberg--aye Heintz, Hentges, Nawrocki--nay Motion fails. 7. Permission to Consume Beer by Resident Motion by Hentges, second by Heintz to ratify the action of the City Manager granting permission to consume beer at Gauvitte Park for a family reunion, permission granted to Mrs. Dorothy Baker, 4243 Third St.. Roll call: All ayes Regular Council Meeting June 22, 1981 page 7 RECESS: 9:25 RECONVENE: 9:45 '8. Association of Metropolitan Municipalities Dues for the City At a previous meeting it was suggested by Councilman Hentges that since the dues to the AMM were based on population the City's dues should be lower since there has been a population decline. The payment of the dues at that time was withheld. Mayor Nawrocki sought, from the AMM, the formula employed to determine dues owed by each member city. He presented this information to the Council and noted that the dues owing at this time are less than when the Association was first formed in 1974. Councilman Hentges felt a double standard was being used in that those cities whose population increased had a raise in dues whereas, those cities whose population decreased enjoyed no decrease in their dues. Motion by Logacz, second by Heintz to authorize the payment for the Association of Metro- politan Municipalities dues for the City of Columbia Heights. Roll call: Logacz, Heintz, Norberg, Nawrocki--aye Hentges--nay 9. V. F. W. License (Poll Tax) A letter from V.F.W. Post # 230 was received regarding the proposed use of funds they realize from their gambling license. It is required by law that 50% of these funds are used in a philanthropic fashion and the Post has always met this requirement. The monies being referred to in the letter are funds they wish to use for refurbishing their club- rooms. Motion by Norberg, second by Hentges to indicate a general agreement and concurrence by the Council to the Post's proposed usage of the profits from the monies realized from this poll tax fund, and a ~etter be drafted by the City Attorney after reviewal by the Police Chief and City Attorney of the ]aw dealing with the distribution of these funds, stating that concurrence. Roll call: All ayes 10. Request for Attendance of City Assessor at Conference This request had been made at a previous meeting but one member of the Council was absent at that time. No action was taken in that there was a tie vote. The Mayor felt this request should be reconsidered for a definitive position. Motion by Nawrocki, second by Logacz that the City Assessor be authorized to attend the Assessor's Conference and reimbursed for expenses. Roll call: Logacz, Nawrocki--aye Heintz, Hentges--nay Norberg-abstain. Motion fails. ll. Letter from City Employee The Mayor and Police Chief received letters from a City employee regarding an on-going problem between himself and the park security. The Mayor requested more background in- formation from the Police Chief as did the City Manager. 12. The City Attorney advised the Council of his findings in the Robert's Rules of Order regarding the challenge to the ruling of the chair on the motion to transfer monies to develop plans and cost estimates for the Community Center and renovation of Murzyn Hall. It was the findings of the City Attorney that a simple majority would be needed to overrule the Chair on its ruling, that ruling being that the motion was out of order. Motion by Norberg, second by Hentges to challenge the ruling of the chair as to whether a motion or resolution is necessary to transfer funds of this amount. Roll call: Logacz, Norberg, Hentges--aye Heintz, Nawrocki--nay Motion carries. It was noted by the Mayor, on advi~e of the City Attorney, that this matter can be carried to a referendum whether it is in the form of a motion or a resolution. At this point in time the Mayor requested a breakdown as to how the $150,000 being requested in the motion will be used. The City Manager told the Council this figure was an estimate of approximately 10% of what was determined to be the total project cost. This figure was arrived at after much consul- tation with City staff and School District staff. Much discussion followed regarding exactly what type of information should be gotten and from what sources. Regular Council Meeting June 22, 1981 page 8 Motion by Hentges, second by Logacz to table for further consideration and breakdown to be brought back at the next regular meeting of at a special Council meeting called for purposes of considering this matter. The Mayor expressed disappointment that this matter will meet with further delay and had hoped that it could have had some action taken on it. Councilman Norberg held the same opinion. Roll call: Logacz, Norberg, Hentges--aye Heintz, Nawrocki--nay 8. Reports a. Report of the City Manager This report was presented in writing. The City Manager spoke to a number of items in his report. He made additional comments on the item of concrete repair and Bid C which will have an additional forty days added to accommodate work to be done on 42½ Avenue and 44½ Avenue. Councilman Hentges inquired of the Public Works Director to check out two requests he has received regarding cuts to be made on the property of Mr. O'Donnell and Mr. Szurek. Another item in the report, that of Crest View Lutheran Home's application for funding for its proposed congregate housing, was discussed. The Mayor had attended the hearing regarding this matter held by the Metropolitan Council and gave details of that hearing. Also, included in the report was the street seal coating program for the years 1981 and 1982. Each part of these street projects was reviewed individually and the Council expressed opinions on each of them separately. b. Report of the City Attorney The City Attorney had no new items to report at this time. Regarding the Metropolitan Waste Control payment of use charges the Mayor inquired if the City could retroactively recover overpayment if it is found there are any. He was advised that it could. Much discussion followed concerning what methods could be employed to let the Sewer Board know that the City may be receiving overcharges. It was suggested by the Mayor they be presented with these thoughts followed by a mention that only part of the charges due be paid pending the findings of the Infiltration study being done presently. 9. Licenses Motion by Heintz, second by Logacz to grant the licenses, as presented in writing, upon payment of proper fee. Roll call: All ayes 10. Payment of Bills Motion by Heintz, second by Norberg to ~ay the bills, as listed, out of proper funds. Roll call: All ayes Adjournment Motion by Heintz, second by Norberg to adjourn ayes :15 am. Roll call: A1 the meeting at 12 ~~ Bruc~ G. Nawrocki, Mayo z~zAnn~ Studer[t, ~C~Cranc' 1 Secretary