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HomeMy WebLinkAboutJun 28, 1982OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL REGULAR MEETING JUNE 28, 1982 The meeting was called to order by Mayor Nawrocki at 8:00 pm. 1. Roll Call Hovland, Petkoff, Norberg, Nawrocki--present CoUncilman Hentges is out of the state. Hentges--absent 2. Invocation The Invocation was offered by Pastor Richard Mork of First Lutheran Church. 3. Minutes of Previous Meetings Motion by Petkoff, second by Hovland to approve the minutes of the Special Assessment Hearing of June 14th, and the Regular Council Meeting of June 14th as presented in writing and that the reading be dispensed with. Roll call: All ayes 4. Oral Petitions One resident questioned the City's policy on compensatory time. 5. Ordinances and Resolutions a. Second Reading of Ordinance No.lOO3 Motion by Norberg, second by Petkoff to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE 1003 BEING AN ORDINANCE AMENDING ORDINANCE NO.853, CITY CODE OF 1977, PERTAINING TO THE SALE OF CERTAIN REAL ESTATE ADJACENT TO 5014 7TH STREET N.E. TO LEONARD A. BAROTT AND BETTY J. BAROTT. The City Council of the City of Columbia Heights does ordain: Section 1: The City of Columbia Heights shall sell and convey unto Leonard A. Barott and Betty J. Barott, as joint tenants, the real propery described as fol- lows, to-wit: Lot Ten ()0), Block Nine (9), "ROSLYN PAR~' (except easement to City of Columbia Heights over the West 2') (except the North 30' of Lot 10) Section 2: The Mayor and City Manager are herewith authorized to execute a Quit Claim Deed to effectuate the conveyance of the said real estate. Seciton 3: The purchase price shall be Five hundred dollars ($500.00). Section 4: 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 14, 1982 June 28, 1982 June 28, 1982 Offered By: Norberg Seconded By: Petkoff Roll Call: All ayes Jo-Anne Student, Council Secretary Bruce G. Nawrocki, Mayor b. First Reading of Ordinance No.lOO4 Motion by Petkoff, second by Hovland to waive the reading of the ordinance there being ample copies available to the public. Regular Council Meeting June 28, 1982 page 2 Motion by Norberg to table the motion to waive the reading of the ordinance for con- sideration of an amendment. Motion dies for lack of a second. Councilman Norberg told the Council he made the tabling motion so an amendment could be added to that part of the ordinance that addressed closing a club on any day of a statewide election. He wished to add national and local elections. Roll call: All ayes ORDINANCE NO. 1004 BEING AN ORDINANCE AMENDING ORDINANCE NO.853, CITY CODE OF 1977, PERTAINING TO CLUB INTOXICATING LIQUOR LICENSES The City Council of the City of Columbia Heights does ordain: Section l: Section 5.505(8) of Ordinance No.853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: "5.502(8) Clubs which are licensed pursuant to the provisions of this section shall be subject to the following regulations: (a) Sales shall only be made during the hours of 4:00 pm to l:OO am, Monday through Friday, and 1:O0 pm to 1:00 am on Saturday. No sale of any intox- icating liquor shall be made on Sundays, nor between the hours of 1:OO am and 8:00 pm on any day of a statewide election. (b)Sales shall be made only to club members and their guests. (c)Liquor may only be sold at the premises designated in the license. (d) The Clerk shall be notified of any change in the person managing the liquor operations for the club. (e) The license shall at all times keep in full force and effect the bond or insurance as required by this section. Failure at any time to do so shall be grounds for immediate revocation of the license. (f) No licensee, or any agent or employee of such licensee shall violate any of the provisions of State law relating to the sale, possession, manu- facture or transportation of liquor upon the premises of a licensee op- erating with a license issued pursuant to the provisions of this section." is herewith amended to read as follows, to-wit: 5.502(8) Clubs which are licensed pursuant to the provisions of thi~ section ~hall be subject to the following regulations: (a) No sales of any intoxicating or non-intoxicating malt ~iquor or intoxicating liquor may be made after l:O0 am on Sunday, before 10:O0 am on Monday, between the hours of l:OO am and lO:OO am on any weekday, or between the the hours of l:O0 am and 8:00 pm on any day of a statewide election. (b) Sales shall be made only to club members and their guests. (c) Liquor may only be sold at the premises designated in the license. (d) The Clerk shall be notified of any change in the person managing the liquor operations for the club. (e) The licensee shall at all times keep in full force and effect the bond or insurance as required by this section. Failure at any time to do so shall be grounds for immediate revocation of the license. (f) No licensee, or any agent or employee of such licensee shall violate any of the provisions of State law relating to the sale, possession, manu- facture or transportation of liquor upon the premises of a licensee operating with a license issued pursuant to the provisions of this section. 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: June 28, 1982 Regular Council Meeting June 28, 1982 page 3 c. First Reading of Ordinance No.lOO5 Motion by Norberg, second by Hovland to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 1005 BEING AN ORDINANCE AMENDING ORDINANCE NO.853, CITY CODE OF 1977, PERT- AINING TO A PUBLIC NUISANCE The City Council of the City of Columbia Heights does ordain: Section 1: Section 8.102(1) of Ordinance No.853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: 8.102(1) The owner or custodian of any animal permanently or temporarily in the City shall have the obligation and responsibility to prevent such animal from committing any act which constitutes a public nuisance, which shall include, but not be limited to, the following acts: (a) Habitually or frequently bark or cry at night to the annoyance of neigh- bors or the general public. (b) Molest or annoy any person if such person is not on the property of the owner or custodian of such animal. (c) Molest, defile, or destroy any public or private property not belonging to the owner or custodian of such animal. (d) Chase vehicles or otherwise run at large within the City. shall hereafter read as follows, to-wit: 8.102(1) The owner or custodian of any animal permanently or temporarily in the City shall have the obligation and responsibility to prevent such animal from committing any act which constitutes a public nuisance, which shall include, but not be limited to, the following acts: (a) Habitually or frequently bark or cry to the annoyance of neighbors or the general public. (b) Molest or annoy any person if such person is not on the property of the owner or custodian of such animal. (c) Molest, defile, ~r destroy any public or private property not belonging to the owner or custodian of such animal (d) Chase vehicles or otherwise run at large within the City. 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: June 28, 1982 d. Resolution 82-36 being a resolution authorizing joint and cooperative agreement for use of personnel and equipment-North Suburban Regional Mutual Aid Association Motion by Petkoff, second by Hovland to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes The City Manager explained the four significant changes that were made to this agre- ement. Councilman Norberg expressed a concern that this agreement directs all resources be available at ali times. He felt a policy should be formulated that would address this situation so no occasion would arise where trained personnel would be unavailable in times of emergency in the City. He suggested that the question of "control" should be established. Some members of the Council felt the judgement of the Fire Chief would prevail and they were comfortable with that. Regular Council Meeting June 28, 1982 page 4 RESOLUTION 82-36 BEING A RESOLUTION AUTHORIZING JOINT AND COOPERATIVE AGREEMENT FOR USE OF FIRE PERSONNEL AND EQUIPMENT - NORTH SUBURBAN REGIONAL MUTUAL AID ASSOCIATION BE IT RESOLVED by the City Council of the City of Columbia Heights as follows: WHEREAS, the City of Columbia Heights is a member of the North Suburban Regional Mutual Aid Association and its Fire Chief is its authorized representative, and; WHEREAS, a mutual need exists between mem6ers of the North Suburban Regional Mutual Aid Association to share and assist one another in the areas of fire suppression, prevention, training, public education, arson investigation, disaster control and mitigation, and; WHEREAS, the City of Columbia Heights considers it to be in the best interests of the City to enter into a mutual agreement with the other members of the North Suburban Regional Mutual Aid Association. NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights enter into agreement with the North Suburban Regional Mutual Aid Association and hereby authorizes its Mayor to sign such an agreement. Passed this 28th day of June, 1982. Offered By: Petkoff Seconded By: Hovland Roll Call: Hovland, Petkoff, Nawrocki--aye Norberg--nay Jo-Anne Student, Council Secretary Bruce G. Nawrocki, Mayor Motion by Norberg to direct the City Manager to draw up a policy statement about the control of the use of non-emergency services of the Fire Department from the City of Co]umbia Heights. Motion dies for lack of a second. e. Resolution 82-37 being a resolution cancelling improvements Motion by Norberg, second by Hovland to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes As of July 1st the alley between Gould Avenue and 4Oth Avenue was vacated and the lights removed as they were no longer needed. The lighting charge against the benefitting pro- perties needs to be removed. RESOLUTION 82-37 BEING A RESOLUTION CANCELLING IMPROVEMENTS WHEREAS, the property known and described as: The alley between Gould Avenue NE and 40th Avenue NE (for property west of and including 966-40th Avenue NE and west of and including Gould Avenue NE) now vac- ated was to be assessed for ]ocal improvement No.677 AND WHEREAS, Alley lights were removed in July, 1981, BE IT THEREFORE RESOLVED, by the City Council of the City of Columbia Heights, that the City Clerk is hereby authorized and directed to strike from Local Improvement No.677, the alley lighting charged against the described properties in the alley between Gould Avenue NE and 40th Avenue NE (for property west of and including 966 40th Avenue NE and west of and including Gould Avenue NE) now vacated. Passed this 28th day of June, 1982. Regular Council Meeting June 28, 1982 page 5 Offered by: Norberg Seconded by: Hovland Roll call: All ayes Jo-Anne Student, Council Secretary Bruce G. Nawrocki, Mayor 6. Communications a. Minnesota's Capitol for a Day This was an informational item. b. Letter from Anoka County Assessor A letter was received from Gayle Leone, Anoka County Assessor, giving the findings of the sales ratios of Fridley and Columbia Heights for the years of 1981 and 1982. The difference between the two communities is 4%. The Mayor distributed copies of a letter he sent to members of the Anoka County Board of Equalization requesting the equalization of valuations between the cities of Columbia Heights and Fridley. The City Council also passed a resolution making the same request and this has been for- warded to members of the Board of Equalization. 7. Old and New Business a. Old Business I. Recreation and Community Services 1982 Budget Amendment This item was tabled from the June 14th Council meeting for additional information from the Recreation and Community Services Commission. The Council wanted to know from the Commission what the Recreation Department would have to do if it were to operate with five full time positions. A letter was received from the Commission in response to the Council's inquiry. The Council felt the Commission's letter did not address the question of operating with five full time positions. It was noted by the Mayor that the department had operated with four and a half full time positions since the first of the year and no programs had been cut. The motion that had been tabled at the June 14th Council meeting was brought back to the table for discussion. That motion is as follows: "Motion by Petkoff, second by Hentges to concur with the recommendation of the City Manager to reduce the budget by $9,000 and instruct .the Commission to reduce the staffing from a full time Recreation Supervisor position to a part time Recreation Supervisor position." Discussion followed regarding staff and programs for the Recreation Department. Councilman Norberg suggested that at budget time for 1983 a manpower budget also be set. Motion to amend by Norberg to reduce the budget by $25,000. Motion dies for lack of a second. The Mayor noted that at budget time for 1982 he supported budgeting for six full time positions as they appeared justified. Because of state cutbacks that have impacted on the City budget all departments had to make sacrifices. He felt this was not being considered for the present time nor for the future in the Recreation Depart- ment. The original request of the City Council was that the staff be reduced to five full time positions to accommodate the necessary budget cuts but concurrence from the School Board was not forthcoming. Councilwoman Petkoff expressed concern with cutting a part time position at this time. She felt it would have a dramatic effect on some of the summer programs presently being conducted as well as an effect on the office staffing. Roll call on motion made at the June 14th Council meeting: Petkoff--aye Hovland, Norberg, Nawrocki--nay Motion fails. Motion by Norberg, second by Hovland to reaffirm the Council's previous decision of dropping the Recreation Supervisor position from the budget, subject to concurrence by the School Board. Roll call: Hovland, Norberg, Nawrocki--aye Petkoff--nay Regular Council Meeting June 28, 1982 page 6 RECESS: 10:15 pm RECONVENE: I0:30 pm 2.Cheery Heights Subdivision Drainage Easements The City Manager gave some of the background on this matter. At the time the building permits were issued for each lot, each survey included elevation and plans for dir- ection of drainage. The builder of the individual homes was to adhere to these plans. Councilman Hovland, who was the City's Building Inspector at the time, stated that these plans were adhered to in most instances. Problems arose when sodding and land- scaping was delayed at some sites for up to two years or more. Because of erosion some of the drainage d~tches filled up and when the sod was eventually laid these ditches were covered. Legal options to correct the drainage problems were explored by the Council with the City Attorney. He felt the problems resulted from two sources; the tardiness of the builders to complete the landscaping and sodding and the individual homeowners com- pleting the landscaping themselves. A few individual problems that exist were dis- cussed. The Engineering Department has restaked the drainage areas three times since this area has been developed and some homeowners have put in obstructions with know- ledge of the inappropriateness of their actions. Councilman Norberg felt that at the closing of the sale individual property owners effectively accept the obligations of the drainage easements and are responsible to maintain them. He suggested a public hearing should be called for property owners in this area to establish as an assessable project the restoration of the area to a proper drainage profile. This solution was not considered equitable by some members of the Council in that not everyone in the area contributed to the problem yet they would all be included in the drainage district established for the assessment. The Mayor noted that the conditions of the original building permits have not been met by the developer, namely the handling of the drainage. It was questionable if individ- ual homeowners were advised that these easements existed. It was agreed on by the Council that the City still has the authority administratively to see that the developer who received the original permits pursues corrections where easement obstructions have occurred either from the developer's non-compliance or those of individual homeowners who have constructed an obstruction. The City Attorney was requested to get information on witholding building permits for the remaining undeveloped lots in the subdivision and license revocations. 3.Delete Project #8024-Reconstruction of Alleyway Between 39th Avenue-Ostrander Park, Tyler to Polk Motion by Norberg, second by Petkoff to delete Project #8024, alley construction, 39th Avenue to Ostrander Park, Tyler to Polk from the City's 1982 construction pro- gram since costs are considered to be excessively high in relation to estimates previously provided residents. Roll call: All ayes 4. Public Hearing for Replatting of Columbia Junior High School Site Motion by Norberg to reconsider the motion setting July 19th as the date for a public hearing regarding the replatting of Columbia Junior High. The Mayor advised Council- man Norberg this motion was out of order as a motion for reconsideration can only be made by someone who voted on the prevailing side. Councilman Norberg was not in at- tendance at the meeting when this motion was made. Motion by Norberg to reschedule the public hearing for the replatting of Columbia Junior High School site to Monday, July 12th. This motion was ruled out of order since the required number of days legally required for giving public notice for a public hear- ing could not be met. Regular Council Meeting June 28, 1982 page 7 b. New Business 1. Change Order for Project Work-1982 Street and Utility Improvements This change order will provide for two changes: relocation of a stop box located on 43rd Avenue and lowering of the control valve manhole which is used for valving the water system high and low pressure zones. Motion by Petkoff, second by Hovland to authorize the City Manager to execute Change Order #1 with Northwest Asphalt, Inc. for Projects #8201 and #8017 amounting to an ad- ditional cost of $5,657.50. Roll call: All ayes 2. Sewer and Water Services to City Owned Lots on Fifth Street Motion by Petkoff, second by Hovland to authorize the installation of sewer and water services to 4232 and 4303 Fifth Street NE, City owned lots, by Groth Sewer and Water in an amount not to exceed $579.50 per lot based upon low, informal quotation received. Roll call: All ayes 3. Establish a Public Hearing Date Regarding Assessment for Mid-Block Lighting Motion by Petkoff, second by Hovland to establish August 9th as a date for a public hearing to consider special assessments for mid-block lighting to be held at 7:00 pm in the City Council Chambers. Roll call: All ayes 4. Purchase of Traffic Paint Motion by Petkoff, second by Hovland to authorize the purchase of 25 five-gallon pails of white, 20 five-gallon pails of yellow chlorinated rubber paint, and a 55-gallon drlLm of thinner from Earl F. Andersen and AssOciates in the amount of $1,787.50 (including shipping charges) based upon low, informal quotation received. Roll call: All ayes 5. Authorization to Seek Bids The Council received a request from the Director of Public Works to go out for bids for two new pick up trucks which have been budgeted for this year. With this request he also included a list of vehicles presently in the City's inventory he plans on trading in or sending to the auction. The City Manager advised the Council he may remove the front end loader from the list of vehicles for trade or auction. It is his feeling that this vehicle continues to have valid uses for the City. Motion by Hovland, second by Petkoff to authorize the City Manager to seek bids for one 2-wheel drive ½ ton pickup; and one 4-wheel drive ½ ton pickup; and furthermore, that such bids be opened on August 4th and awarded by the Council August 9th. Roll call: All ayes 6. Other New Business The Mayor noted that budget considerations for 1983 will soon be starting. The Council is still waiting for the audit from last year and the first six month's report for 1982. He requested this information be forthcoming soon so the Council could be pre- pared with more detailed information than it presently has for the 1983 budget delib- erations. The City Manager said this information should be completed early in July. 8. Reports a. Report of the City Manager The report.of the City Manager was presented in written form and a few of the items in the report were discussed. b. Report of the City Attorney The City Attorney had nothing to report at this time. Regular Council Meeting June 28, 1982 page 8 9. Licenses Motion by Norberg, second by Petkoff to approve the licenses as listed upon payment of proper fees. Roll call: All ayes 10. Payment of Bills Motion by Hovland, second by Petkoff to pay the bills as listed out of proper funds. Roll call: All ayes Adjournment ~ Motion by Norberg, second by Petkoff to adjourn the meeting at 1 am. I all: All ayes ~j~~_~ ~~ . Br~C"~'G. Nawrocki, Mayor Anne Student, Council Secretary