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HomeMy WebLinkAboutMay 26, 1981 (2)Official Proceedings Columbia Heights City Council Regular Meeting May 26, 1981 The meeting was called to order by Mayor Nawrocki at 8:00 pm. 1. Roll Call: togacz, Norberg, Hentges, Nawrocki--present Heintz--absent 2. Invocation: The Invocation was offered by John Schedler the Finance Director° 3. Minutes of Previous Meetings: Motion by Norberg, second by Hentges to approve the minutes of the Regular Council Meeting of April 27th; the Regular Council Meeting of May llth; and the Continued Board of Review Meeting of May llth, as presented in writing, and that the reading be dispensed with. Roll call: All ayes 4. Oral Petitions Robert Solem, 1416 43rd Avenue, came to the meeting to discuss an assessment he has received on property he owns on 42½ Avenue. He feels it is very high. He did not attend the Board of Review meeting held previously. He was advised his concern would be directed to the City Assessor and he will receive a written response regarding the assessment on his property. He prefers to receive a verbal explanation and will return to the next regular Council meetinq on June 8th. 5. Ordinances and Resolutions a. Second Reading of Ordinance No.952 being an ordinance amending Ordinance No.853, City Code of 1977, conveying certain real property to the Housing and Redevelopment Authority of Columbia Heights, Minnesota. This ordinance will transfer land from the City to the HRA which will eventually be sold to P.J.Gaughan, one of the developers of the Downtown Development Project. Motion by Norberg, second by Logacz to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes Councilman Norberg had some concerns with the transferring of the monies involved with this sale. He feels this should be done in a fashion whereby the~City can benefit from any interest that may accrue. OKDINANCE NO. 952 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, CONVEYING CERTAIN REAL PROPERTY TO THE HOUSING AND REDEVELOPMENT AlrfBORITY OF COLUMMIA HEIGHTS, MINNESOTA The City Council of the City of Columbia Heights does ordain: Section 1: Section 2: Section 3: Section 4: The City of Columbia Heights shall sell and convey to the Housing and Redevelopment Authority of Columbia Heights, Minnesota the following described real property, to-wit: The North 135.00 feet of Lot 12, Block 5, "Reservoir Hills", Columbia Heights, Anoka County, Minnesota The sale price shall be One Dollar ($1.00). The Mayor and City Manager shall be and herein are authorized to execute and deliver a Quit Claim Deed for said real property. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. Regular Council Meeting May 26, 1981 page 2 First reading: Second reading: Date of passage: May ll, 1981 May 26, 1981 May 26, 1981 Offered by: Seconded by: Roll call: //J~-An~ Student, Secr-~tary ~// to the Council Logacz Hentges Logacz, Hentges, Nawrocki--aye Norberg--nay Bruce G. Nawrocki, Mayor b. Resolution 81-29 Subdivision Request This request deals with property in LaBelle Park referred to in Ordinance No. 952 Motion by Logacz, second by Hentges to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLTUION NO. 81-2q Fee $10.00 SUBDIVISION R~UEST Date Paid: Receipt No.: CITY OF COLIJHBIA HEIGHTS 590 - 40 TH AVENUE N.E. I, Bruce G.Nawrocki,Mayor & Robert S.Bocwinski, City Manager ' Hereby request a split of PLAT No. 34416 , PARCEL No. 6001 Legally described as: Part of lots 8,9,10,11,12,13 etc., block 5, Reservoir Hills, Anoka County, Minnesota. (SEE OVER) THE DESCRIPTION HENCEFORTH TO BE: ~rt to H.R.A.: The North 135.O0 feet of lot 12, block 5, Reservoir Hills, Anoka County, Minnesota. ity: Remainder of plat 34416, Parcel 6001 Be it further resolved that special assessments of record in the office of the City of Columbia Heights as of this day, against the above described property, In the amount of $ -0- be divided. Paid. Any pending or future assessments will be levied according to the new split Is approved this day. BF~.G.Naj~//~ Planning Department Action: . ~_7~/~,w S~nature of~ Owner. Notarized Regular Council Meeting May 26, 1981 page 3 By: Date City Council Action: APPROVED this ?6 day o~ May Offered by: Logacz Seconded by: Hentges Roll Call': All ayes 590 - 4Otb Ave. N.E. Owner's address Telephone No. 788-9221 Subscribed and sworn to before me thls 19 R1 · /.j;r~cr~tary to the Co~cll BrJce G. Nawrocki, Mayor c. First Reading of Ordinance No.955 being an ordinance amending Ordinance No.853, City Code of 1977, related to off-sale liquor ~tore hours. Motion by Norberg, second by Hentges to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 955 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, RELATED TO OFF-SALE LIQUOR SALES The City Council of the City of Columbia Heights does ordain: Section 1: Section 4.401(4)(a) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: _ No "Off-sales" of intoxicating liquor shall be made on New Year's Day, Independence Day, Thanksgiving Day, or Christmas Day, on any Sunday after the hour of 1 a m., nor between the hours of 1 a.m. and 8 p.m..on the day of any state-wide election. Sales on Monday through Friday shall be between the hours of 8 a.m. and 8 p.m. unless such day precedes an above-named holiday. Sales on Saturday and any weekday preceding the above-named holi- days shall be between the hours of 8 a.m. and 10 p.m. is herewith amended to read as follows, to-wit: No "Off-sales" of intoxicating liquor shall be made on New Year's Day, Independence Day, Thanksgiving Day, or Christmas Day, on any Sunday after the hour of 1 a.m., nor between the hours of 1 a.m. and 8 p.m. on the day of any state-wide election. Regular Council Meeting May 26, 1981 page 4 Sales on Monday through Thursday shall be between the hours of $ a.m. and 8 p.m. unless such day precedes an above-named holiday. Sales on Friday, Saturday, and any weekday preceding the above-named holidays shall be between the hours of 8 a.m. and 10 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: May 26, 1981 Offered by: Seconded by: Roll Call: Bruce G. Nawrocki, Mayor Jo-Anne Student, Secretary to the Council d. (1) First Reading of Ordinance No.956 being an ordinance amending Ordinance No.853, City Code of 1977, by amending Chapter V, Section 41 of the Charter of the City of Col- umbia Heights pertaining to Action of Council on Petition Motion by Norberg, second by Logacz to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 956 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, BY AMENDING CHAPTER 5, SECTION 41 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO ACTION OF COUNCIL ON PETITION The City Council of the City of Columbia Heights does ordain: Section 1: CHAPTER 5, SECTION 41 of The Charter of the City of Columbia Heights which reads as follows, to-wit: "ACTION OF COUNCIL ON PETITION. Whenever the petition shall be found to be sufficient, the city clerk shall so certify to the council at its next meeting, and the council shall at once read the measure and refer it to an appropriate committee, which may be a committee of the whole. The committee or council shall thereupon provide for public hearings upon the measure, after the holding of which the measure shall be finally acted upon by the council not later than sixty-five days after the date upon which such measure was submitted to the council by the city clerk. If the council shall fail to pass the proposed measure, or shall pass it in a form different from that set forth in the petition and unsatisfactory to the petitioners, lhe proposed measure shall be submitted by the council to vote of the electors at the next election occurring not less than three months after the date of the final action by the council, and if no elec- tion is to be held within three months from such date, then the council shall call a special election to be held not less than thirty nor more than forty-five days from such date. In case the council passes the pro- posed measure with amendments and at least four-fifths of the committee of I Regular Council Meeting May 26, 1981 page 5 petitioners do not express their dissatisfaction with such amended form by a certificate filed with the city clerk within ten days from the passage thereof by the council, then the measure need not be submitted to the.elec- tors." is herewith amended to read as follows, to-wit: "ACTION OF COUNCIL ON PETITION. Whenever the petition shall be found to be sufficient, the city clerk shall so certify to the council at its next meeting, and the council shall at once read the measure and refer it to an appropriate committee, which may be a committee of the whole. The committee or council shall thereupon provide for public hearings upon the measure, after the holding of which the measure shall be finally acted upon by the council not later than sixty-five days after the date upon which such measure was submitted to the council by the city clerk. If the council shall fail to pass the p;oposed measure, or shall pass it in a form different from that set forth in the petition and unsatisfactory to the petitioners, the proposed measure shall be submitted by the council to vote of the electors at the next election occurring not more than three months after the date of the final action by the council, and if no other- wise scheduled election is to be held within three months from such date, then the council shall call a special election to be held not less than thirty nor more than forty-five days from such date. In case the council passes the proposed measure with amendments and at least four-fifths of the committee of petitioners do not express their dissatisfaction with such amended form by a certificate filed with the city clerk within ten days from the passage thereof by the council, then the measure need not he submitted to the electors." Section 2: The appendix section of Ordinance No. 853, City Code of 1977,-passed June 21, 1977, is herewith amended to contain the said Charter amend- ment. Section 3: This Ordinance shall be in full force and effect from and after ninety (90) days after its publication. First reading: Second reading: Date of Passage: May 26, 1981 Offered by: Seconded by: Roll Call: Bruce G. Nawrocki, Mayor Jo-Anne Student, Secretary to the Council Regular Council Meeting May 26, 1981 page 6 d.(2) Resolution 81-30 being a resolution authorizing a Public Hearing on Ordinance No.956, amending the Charter of the City of Columbia Heights. This resolution calls for the second reading of Ordinance No.956 to take place July 13, 1981 at 8:00 pm which will be the public hearing. The resolution was read by Bob Bocwinski, City Manager, RESOLUTION NO. 81-30 BEING A RESOLUTION AUTHORIZING A PUBLIC HEARING ON ORDINANCE NO. 956, AMENDING THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS: That a public hearing is herewith called for July 13, 1981 at 8:00 p.m. for the purpose of considering passage of an amendment to The Charter of The City of Columbia Heights. That the text of the proposed amendment is contained in Exhibit A, attached hereto and made a part hereof as Ordinance No. 956. That the second reading of Ordinance No. 956 will take place at the said public hearing. Passed this 26 day of May , 1981. Offered by: Norberg Seconded by: Hentges Roll Call: All ayes J~-knne~Stud'en~, Secr~'-~etary to the Council Bruce G. Nawrocki, Mayor e. Resolution 81-31 being a resolution establishing animal impounding fee, The resolution was read by Bob Bocwinski, City Manager. Discussion followed regarding an increase in some of the fees and the recommendation of the Police Chief. Councilman Norberg felt since this item did not go out for bids that perhaps the best deal was not being gotten. Extension of the Animal Pick Up Contract was scheduled to be discussed later in this meeting and Councilman Norberg felt this resolution should not be decided until that item had been decided. Motion by Norbe,-g to table until later in the meeting. Motion dies for lack of a second. RESOLUTION 81- 31 BEING A RESOLUTION ESTABLISHING ANIMAL IMPOUNDING FEE ~egular Council Meeting May 26, 1981 page ? BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUHBIA HEIGHTS THAT: All animals housed at the animal impoundment will be assessed a $15.00 impoundment fee effec~.iyely .i~_._nx~e__~.ia~e~L .......... Passed this 2~ day of May, 1981. Offered By: Logacz Seconded By: Roll Call: Hentges Logacz, Hentges, Nawrocki--aye Norberg--nay -Anne Stu~lent, Co~cil Secretary 6. Communications a. Certificate of Occupancy-Mr.& Mrs. Marvin O'Donnell & Mr.& Mrs. Thomas Pinkerton The Building Inspector had declined to issue certificates of occupancy to the above parties until certain items in their homes have been completed. They are appealing this decision to the City Council. Presently, they are renting homes from the HRA with the understanding that they must vacate those homes by June l, 1981. Councilman Hentges has viewed the 0'Donnell home at 1232 43 Avenue and feels with the items they have just recently completed it is ready for occupancy. The O'Donnell's advised the Council they have completed nearly all work required by the Building Inspector since he last viewed the property. Motion by Hentges, second by Logacz to grant the certificate of occupancy to Mr.& Mrs. Marvin O'Donnell for the home located at 1232 43rd Avenue. Roll call: All ayes The City Manager reviewed all of the items to be completed before the Building Inspector can issue a certificate of occupancy on the Pinkerton home located at 1026 43rd Avenue. These items were listed in a memo from the Building Inspector, dated May 22, 1981. Mrs. Pinkerton gave the Council a timetable in which it is hoped most of the items needing finishing will be completed. Her primary concern at this time is the deadline for moving out of their present rental unit. Councilman Hentges advised her that there would be an additional two weeks extension to that deadline of June 1st. Motion by Hentges, second by Logacz to table this request for further information until the next regular meeting on June 8th. Roll call: Logacz, Hentges, Nawrocki--aye Norberg- nay 7. Old and New Business a. Old Business 1. Voss Parking Lot Regular Council Meeting May 26, 1981 page 8 Motion by Hentges, second by Logacz that the Council authorize the acceptance of two lotsO adjacent to Voss Parking Lot from the Housing and Redevelopment Authority. Roll call: All ayes b. New Business 1. Authorization to Seek Bids for Sullivan Lake Park Improvements With the use of maps, the City Manager and the Public Works Director reviewed all of the plans for this project. Residents of this area also viewed these maps and asked questions of the staff. Their concerns involved displacement of wildlife and trees, as well as, potential ~or problems with a pathway that circles the entire lake. After seeing the maps and hearing the explanation of the type of fencing being con- sidere~ for erection near their property and adjacent to the pathway some of the people were less apprehensive about the whole project. Some of the Council members expressed concern with certain items included in the plans as well as with the laroe number of lights being proposed. The Mayor presently supports having a pathway all the way around the lake with a fence erected as indicated on the map. He felt if this poses a problem to residents whose homes are adjacent to this park. The pathway in this area be removed and the land be restored to its original condition as close as possible. Motion by Logacz, second by Hentges to proceed with the plans as presented, including recommendations as made by the Mayor and Council members; with the stipulation that if the pathway encircling the entire lake does not prove manageable it be closed and restored to it previous condition in the areas that prove troublesome; and that the City Manager be authorized to seek bids for the project with the understanding that he will receive from the Park Board recommendations for alternatives. These alternatives to be specified in two ways; one part of the package will include all items designated as necessary to qualify for the Lawcon Grant, the other parts of the alternative package to include options prioritized by degree of importance and costs (deduct items). RECESS: ll:20 RECONVENE: 11:45 2. Extension of Anima! Pick Up Contract Motion by Hentges, second by Logacz to extend the animal pick up contract with Blaine Midway All Pets,Inc. for the following rates: Regular Patrol ........ $15.00 per hour Extra Services ........ $17.50 per hour Boarding .............. $ 4.00 per day and furthermore, that the Mayor and City Manager be authorized to execute the contract for the above services. This contract is for nineteen months. Roll call: All ayes 3. Request to Hold Block Party on 6th Street Between 48th and 49th Avenues Motion by Hentges, second by Logacz to authorize a block party to be held on 6th Street between 48th Avenue and 49th Avenue on Juty 25, 1981, between Noon and 11:00 pm. Roll call: All ayes 4. Relocation of 41st Avenue- New Right-of-Way Motion by Hentges, second by Logacz to accept the conveyance of the Warranty Deed from the Columbia Heights Housing and Redevelopment Authority for the relocation of 41st Avenue right-of-way. Roll call: All ayes 5. Bid Award for the Reconstruction of 41st Avenue Motion by Hentges, second by Logacz to award the construction contract for the reloca- tion of 41st Avenue to P.J.Gaughan,lnc. in the amount of $229,684.80, based upon low, formal bid; and furthermore, that the Mayor and City Manager be authorized to execute a contract for same. Roll call: All ayes Regular Council Meeting May 26, 1981 page 9 6. Award of Bid and Excavating Contract for Reconstruction of 37th Avenue Motion by Hentges, second by Norberg to concur in the authorization of the bid for wor-k on 37th Avenue to N.D.H., Inc. based on low, competitive bid, in the amount of $628,581.60. Some discussion followed about all of the bidders and what consti- tutes a non-responsible bidder. Roll call: All ayes 7. Authorization to Purchase Paint Motion by Hentges, second by Logacz to authorize the City Manager to expend funds for the purchase of paint from Diamond Vogel Paint Company, Minnesota Division, in the amount of $596.76, based upon low, informal quotation. This figure includes delivery. Roll call: All ayes 8. Annual Spring Clean Up--Final Report and Payment Motion by Logacz, second by Norberg to authorize final payment in the amount j of $13,702.50 to M.C.S. Refuse, Inc. for services rendered during the City's Annual Spring Clean Up; and furthermore, that $9,214.32 be financed from the City's General Fund-Unexpended Fund Balance. Since this item went over the budget ideas were discussed concerning next year's spring clean up and ways to hold costs. Roll call: All ayes 9. Inflow and Infiltration Study of the City's Sanitary Sewer System Motion by Hentges, second by Logacz to authorize the City Manager to seek engineering services in order to prepare a plan of study regarding an inflow and infiltration analysis. Councilman Norberg questioned if this study is really needed. The Mayor feels it has considerable merit in that it will conclude if the City is being overcharged by the Metropolitan Waste Control Commission. Roll call: All ayes 10. Joint Meeting Date with District # 13 School Board Monday, June Ist was chosen for the date for the joint meeting between the City Council and the District # 13 School Board. Il.Southern Police Institute Stu Anderson, the Police Chief, attended a three month long course of study at the Southern Police Institute in Louisville, Kentucky. He was awarded a certificate of completion and made the Dean's List for the Institute. The Mayor congratulated him on his accomplishments and the Chief thanked the Council for affording him the oppor- tunity to attend. 12. Councilman Hentges asked the Public Works Director to check on the public use of a water tap on 39th and Jefferson. 13. Councilman Hentges asked that a tree located on 41st and Quincy be checked because it is blocking a stop sign. He had the same concern regarding trees on 44th and Monroe. 14. Councilman Norberg spoke to the poor condition some Q~tbe. l.~ght~ i~n_tb¢_.~ou0cil chambers are in and hoped that they will be adjusted. 15. Assistant Weed Inspector The Mayor spoke to the compensation for the assistant weed inspector in the City. The salary and responsibilities were discussed for this seasonal position. Motion by Logacz, second by Norberg to authorize the employment of an assistant weed inspector, that person being John Murzyn, at the fee of $1,800 for the season with $1,200 to come from the General Unallocated Fund Surplus. Roll call: All ayes The Public Works Director told the Council he will meet with John Mur~yn to determine a time frame for cutting the weeds he so designates. Regular Council Meeting May 26, 1981 page l0 15. Block Party--42½ Avenue A letter was received requesting permission to hold a block party on the east end of 42½ Avenue on July llth. It was noted that the letter was signed by residents who live at the west end of the avenue. Councilman Norberg felt this was setting an interesting precedent if it is passed. Someone could choose to have a block party and close off a street on which they do not reside or do not reside in the area that is being closed to immediate residents in the area. He felt this would not be a good policy. Motion by Logacz second by Hentges to grant permission to have a block party with the west end of 42½ Avenue blocked off on July llth. Roll call: Logacz, Hentges, Nawrocki-- aye Norberg--nay 8. Reports a. City Managerls Report This report was presented in writing. b. City Attorney's Report There was nothing to discuss at this time. 9. Licenses Motion by Logacz, second by Norberg to grant the licenses, as listed in writing, upon proper payment of fee. Roll call: All ayes Supplemental License List Motion by Logacz, second by Hentges to grant the licenses, as listed in writing on the supplemental license list, upon proper payment of fee, and subject to the approvalt of the Safety and Health Inspector, Building Inspector and Fire Inspector. Roll call: All ayes 10. Payment of Bills Motion by Logacz, second by Hentges to pay the bills as listed out of proper funds. Regarding bill # 40206 for the Metropolitan Waste Control Commission the City Managec Public Works Director were directed to follow through on the accuracy of this charge and the City Attorney was requested to review the contractural agreement the City has with the M.W.C.C. Roll call: All ayes Ajournment Motion by Logacz, second by Norberg to adjourn the meeti~l Bruce-G. Nawrocki, Mayor /g~'- An 6'e~- S t u d e n t, C o u n~l~l Secretary ayes