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HomeMy WebLinkAboutApr 26, 1982Official Proceedings Columbia Heights City Council Regular Meeting April 26, 1982 The meeting was called to order by Mayor Nawrocki at 8:00 pm. 1. Roll Call Hovland, Petkoff, Norberg, Hentges, Nawrocki--present 2. Invocation The Invocation was offered by Pastor Richard Mork of the First Lutheran Church. 3. Minutes of Previous Meetings Motion by Hentges, second by Petkoff to approve the minutes of the Regular Council Meeting of April 12th as presented in writing; and that the reading be dispensed with. Roll call: All ayes 4. Oral Petitions John Sarkinen, 4446 Arthur Street, expressed a concern with the condition of the north end of Reservoir Boulevard near the reservoir. He feels the street surface is in very poor condition and holds the potential for damaging vehicles. Members of the Council agreed with him that the condition of this thoroughfare is less than they would like. Mr. Sarkinen was told that property is owned by the City of Minneapolis and is not legally defined as a street. The Mayor said the City of Columbia Heights has been asking the City of Minneapolis for many years to maintain that area since it has been such an inconvenience for residents of Columbia Heights. The continual drainage that comes from the reservoir property was discussed as was the potential it holds for perm- anently damaging 46th Avenue. 5. Ordinances and Resolutions a. Second Reading of Ordinance No.991 being an ordinance amending Ordinance No.853, City Code of 1977, and pertaining to impoundment of bicycles. This ordinance requires the display of bicycle registration and would allow the Police Department to impound un- registered bicycles. Motion by Norberg, second by Pe~koff to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes John Sarkinen, 4446 Arthur Street, had questions for Chief Anderson regarding that sec- tion of the ordinance that addressed inpoundment. He felt a measure as strong as im- poundment was not necessary. The Chief advised him this ordinance gives the police dep- artment another tool for recovering lost or stolen bikes. The Chief addressed the state licensing system employed for bicycles and told why he felt it is effective and will continue to be. Mr. Sarkinen felt this ordinance would authorize police to take strong- er measures regarding bicycles than they presently are authorized to take with motor vehicles. Councilman Norberg observed that this ordinance would not allow the due pro- cess of law to a rider of an unregistered bicycle and wants to see specific situations for impoundment put into the ordinance. Motion by Norberg, second by Hovland to continue this hearing until the next regular Council meeting and to remand to the City Attorney for more specific conditions for impounding bicycles. Roll call: Hovland, Norberg--aye Petkoff, Hentges, Nawrocki--nay Motion fails. ORDINANCE NO. 991 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND PERTAINING TO IMPOUNDMENT OF BICYCLES The City Council of the City of Columbia Heights does ordain: Regular Council Meeting April 26, 1982 page 2 Section 1: Section 7.401(1) of the Ordinance No. 853, City Code of 1977 passed June 21, 1977, which reads as follows, :o-wit: "No person may use, ride, operate, own, or be in actual physical control of a bicycle upon any highway, street, alley, sidewalk, or other public property within the City unless such bicycle shall have been registered in accordance w~th Minnesota Statute 168C.03. Provided, however, that any person who has previously registered a bicycle with the City of Columbia Heights shall mot be required to register that bicycle pursuant to Minnesota Statute 168C.03 prior to March 1, 1980." is herewith amended to read as follows: No person may use, ride, operate, own, or be in actual physical control of a bicycle upon any highway, street, alley, sidewalk, or other public property within the City unless such bicycle shall have been registered in accordance with Minnesota Statute 168C.03, and with the registration conspicuously displayed on the bicycle. Provided, however, that any person who has previously registered a bicycle with the City of Columbia Heights shall not be required to register that bicycle pursuant to Minnesota Statute 168C.03 prior to March 1, 1980. Section 2: Section 7.401(3) of the Ordinance No. 853, City Code of 1977, passed June 2~, 1977, which is currently reserved, shall hereafter read as follows, to-wit: The Colum~bia Heights Police Department may impound any bicycle whi is used, ridden, operated, owned or possessed, or otherwise exists upon any public property within the City if such bicycle has not been registered pursuant to Minnesota Statute §168C, or if registration is not conspicuously displayed on the bicycle. The bicycle may be surrendered upon proof of ownership and proof that said bicycle is properly registered. Section 3: Section 7.401(4) of the Ordinance No. 853, City Code of 1977, passed June 21, 3977, which is currently reserved, shall hereafter read as follows, to-wit: Any bicycle impoonded by the City and which remains unclaimed by the o~mer for a period of ninety (90) days may be sold at public sale or auction following published notice. 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: April 12, 1982 April 26, 1982 April 26, 1982 Offered by: Seconded by: Roll call: Hentges Petkoff Petkoff, Hentges, Nawrocki--aye Hovland, Norberg-onay Jo-Anne Student, Council Secretary Bruce G. Nawrocki, Mayor Regular Council Meeting April 26, 1982 page 3 Motion by Nawrocki, second by Petkoff that the Police Chief, in one year's time report on the effecLiveness of this ordinance and that a copy of this report be sent to Mr. John Sarkinen, 4446 Arthur Street. Roll call: All ayes b. Second Reading of Ordinance No.lO00 being an ordinance amending Ordinance No.853, City Code of 1977, vacating an alley. This alley is where the Evenson Office Build- ing is being built. Motion by Hentges, second by Norberg to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 1000 BEING AN ORDINANCE AMZNDING ORDINANCE N0..853, CITY CODE OF 1977, VACATING AN ALLEY The City Council of the City of Columbia Heights does ordain: Section 1: The City of Columbia Heights herewith vacates the public alley over the. following described property, to-wit: PARCEL 1: All that part of the alley lying between an extension northward to the northerly line of said alley of the east and west lines of Lot Twenty- three (23), Block One (1), Walton's Rearrangement of Lots Thirty-three (33) and Thirty-four (34), Block Six (6), Reservoir Hills; according to the plat thereof on file and of record in the office of the Register of Deeds of and for Anoka County, Minnesota. Subject to the reservation to the State of Minnesota in trust for the taxing districts concerned of minerals and mineral rights therein. PARCEL 2: All that part of the alley adjacent to Lots 20 through 24, Block One (1), inclusive, Walton's Rearrangement of Lots Thirty-three (33) and Thirty- four (34), Block Six (6), Reservoir Hills, and lying east of the follow- ing described line: Beginning at a point on the south line of said Block 1, Walton's Rear- rangement, said point being 18.00 feet west of the southeast corner of Lot 23 of said Block 1, Walton's Rearrangement; thence northerly on a line 18.00 feet west of and parallel with said east line of Lot 23, a distance of 87.00 feet; thence to a point on the north line of Lot 30 of said Block 6, Reservoir Hills, said point being 47.23 feet easterly of the northwest corner of said Lot 30 and there terminating, all in Anoka County, Minnesota. Except: All that part of the alley lying between an extension northward to the northerly line of said alley of the east and west lines of Lot Twenty-three (23), Block One (1), Walton's Rearrangement of Lots Thirty- three (33) and Thirty-four (34), Block Six (6), Reservoir Hills; accord- ing to the plat thereof on file and of record in the office of the Regis- ter of Deeds of and for Anoka County, Minnesota. Subject to the reservation to the State of Minnesota in trust for the tax- ing districts concerned of minerals and mineral rights therein. Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. Regular Council Meeting April 26, 1982 page 4 First Reading: Second Reading: Date of Passage: April 12, 1982 April 26, 1982 April 26, 1982 Offered by: Petkoff Seconded by: Hentges Roll Call: All ayes Jo-Anne Student, Council Secretary Bruce G. Nawrocki, Mayor 6. Communications a. Commissions and Boards Motion by Petkoff, second by Hentges to reappoint the following commission members: 1) Margaret Harris, 4033 Madison Street, to the Human Services Commission for a term of three years expiring April of 1985; 2) Trudy Rider, 1215 44~ Avenue~to the Science, Technology, and Energy Commission for a term of three years expiring April of 1985; 3) Gayle Norberg, 4522 7th Street~to the Science, Technology, and Energy Commission; 4) Kenneth Nygaard, 3909 Reservoir Boulevard, to the Police and Fire Civil Service Commission for a term of three years expiring April of 1985. Roll call: Al1 ayes Councilman Norberg requested that the City Manager ascertain the city of residence of all members of various boards and commissions. b. Columbia Heights Charter Commission The next meeting of the Charter Commission is Wednesday, April 28th in City Hall. Councilman Hentges requested that a work session be set up with the City Council and the Charter Commission to review the proposals of the Charter Commission and other matters of mutual interest. 7. Old and New Business a. Old Business 1. Merit Adjustment for Linda Hansen, Past Recreation and Community Services Director This matter had been discussed at previous Council meetings and is being brought up again at the request of the Mayor since no action was taken before. District #13 School Board and the Recreation and Community Services Commission had previously recommended a 4% merit adjustment. There was much discussion concerning why merit adjustments are granted and goals. Motion by Hentges, second by Nawrocki to authorize a 2~ merit adjustment to Linda Hansen, Recreation and Community Services Director, retroactive to October 1, 1981. Roll call: Norberg, Hentges, Nawrocki--aye Hovland--nay Petkoff--abstain RECESS: 9:40 RECONVENE: 10:O0 2. Fertilizer for Park Areas Motion by Hentges, second by Petkoff to authorize the purchase of 4.25 tons of 25-5-10 5% WIN fertilizer for park areas from BCA Products in the amount of $1,343; based upon Hennepin CourtLy Contract 1444. Roll call: All ayes 3. Use of t~TC Bus by City The Mayor advised the Council that the Metropolitan Transit Commission is considering Regular Council Meeting April 26, 1982 page 5 the leasing of a bus to the City for its use. The City would have to supply the tires. The proposed cost of this leasing would be $1.00. Some discussion followed regarding this proposal. b. New Business 1. Award of Bid-1513 37th Avenue The property at 1513 37th Avenue per a court order is to be razed and restored to sanitary conditions. The City Council authorized the seeking of bids for the demo- lition of this building and that the funding for this work was to be expended from the P.I.R. Fund. The costs would be assessed back to the property owner. There was some discussion regarding the retaining wall adjacent to the structure. Motion by Petkoff, second by Hentges to award the demolition and incidental construc- tion at the rear of 1513 37th Avenue to Don's Trucking General Contracting of Col- umbia Heights in the amount of $1,750; and furthermore, to extend that amount to $2,450 if existing retaining wall, back of damaged building, cannot be used and would need to be replaced with 55 feet of new footing and wall to match existing wall, and that the Mayor and City Manager to authorized to enter into a contract for same. Roll call: All ayes 2. Amendment to Position Description for Director of Recreation and Community Services It was generally felt by members of the Council that a work session should be scheduled for the City Council and the School Board to discuss this position description as well as the appointment of a Director of Recreation and Community Services. 3. Establish Public Improvement Special Assessment Hearing Regarding Assessment of 41st Avenue Project Motion by Hentges, second by Hovland to establish a Special Assessment Hearing re- garding project costs for 41st Avenue Improvements on June 14, 1982, at 7:30 pm in the City Council Chambers. Roll call: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--nay The 14th of June is a special occasion for Councilman Norberg. 5. Surface Water Management Plan of the Metropolitan Council The City Manager and the Public Works Director gave the specifics of this proposed plan. It was the feeling of the Public Works Director that this plan would duplicate efforts regarding storm drainage run off in those areas where watershed districts are pre- sently in existence and create another level for approval of plans. He also thought another body of administration would be formed and that a tax levy would be across the board for all municipalities to pay the costs for this plan, which would be unfair since one third of the City of Columbia Heights already is within a watershed district. The Mayor had considerable information regarding this plan as it has been the topic for discussion on some committees of which he is a member. He recognizes that planning of this nature needs to be done but feels there are serious questions that must be ans- wered. It was suggested that a letter be drafted expressing the concerns and questions brought up for discussion at this meeting. The Metropolitan Council is holding a hear- ing on this plan on Thursday, April 29th and the Council would like this letter to be read at this hearing. 6. Hours of Police Department Window The Police Chief advised the Council that the window in the Police Department will have shortened hours due to budget reductions. The new hours will be 8:00 am to 8:00 pm, Monday through Friday, 9:00 am to 5:00 pm, Saturday and Sunday, as well as some holi- days. On some holidays the window will have no one at it. 7. Leave of Absence Request A patrolman has requested a year's leave of absence subject to an agreement with the department. The Chief will be working out the details. Regular Council Meeting April 26, 1982 page 6 8. Suburban Rate Authority Councilman Norberg gave a brief report on the most recent Suburban Rate Authority meeting he attended. He advised the Council that the Suburban Rate Authority voted to intervene in the Bell Telephone rate case. Also, the Authority is organizing data and material for a symposium regarding the Metropolitan Waste Control Commission to be presented some time in the fall of this year. This symposium will be given for local government elected officials, legislators, and other interested parties. 9. League of Minnesota Cities Conference Motion by Hentges, second by Hovland to authorize the attendance and expenses of the Council Secretary to the League of Minnesota Cities Conference in Rochester, Minnesota, June 14-18, 1982. Roll call: All ayes 8. Reports a. Report of the City Manager This report was submitted in writing and the City Manager spoke to a number of items in the report. The City Manager also verbally gave the Council the details regarding the first three days of the Spring Cleanup and the outcome from the employee bal- loting indicating the majority choice for implementing the five day leave of absence without pay. Teleprompter has started installing the cable for cable tv and the City Manager interjected a cautionary note that residents should be wary of fraudulent representatives soliciting subscriptions. Commencement of soliciting will be adver- tised through the media. It was suggested by Councilman Norberg that duly authorized representatives of Teleprompter wear identification badges. Also addressed was the location of a bus shelter on 40th Avenue near Parkvlew Villa. The site chosen for this shelter has a tree that will need relocating to accommodate the shelter.rather than amending the agreement with MTC to change the site of the shelter. b. Report of the City Attorney The City Attorney had nothing new to report at this time. 9. Licenses Motion by Hentges, second by Hovland to grant the licenses as requested upon proper payment of fees and to waive the fees for the Heights Boosters. Roll call: All ayes 10. Payment of Bills Motion by Norberg, second by Hentges to pay the bills as listed out of proper funds. Councilman Norberg had questions regarding a payment for Harmon Glass Company in the amount of $620.85. Noting this amount surpasses the amount the City Manager is auth- orized to expend without Council approval he inquired if there were bids sought on this. The City Manager said this work was done on an emergency basis as it was the replacement of broken glass at a City liquor store. Councilman Hovland mentioned that there is a glass company here in the City and it should be given consideration for this type of work that may need doing in the future. There was also a purchase of light bulbs in quantity on the list of bills. Councilman Norberg said the Library had realized a considerable savings by buying light bulbs through Hennepin County and advised the City Manager that this should be pursued. Mayor Nawrocki noted there is a new com- pany in the City who sells light bulbs, too. Roi] call: All ayes Memo from Administrative Assistant Regardin~ Garbage Pick-up The Council had received a memo from the Administrative Assistant, Keith Masuda, regarding garbage pick up, Reservoir Boulevard and Tyler Street, south of 43rd Avenue. The City Manager gave the history of this unimproved alley and the experiences of the garbage haulers using it recently. The residents in this area have been advised by letter that the garbage will be picked up from the front of the houses. The Mayor noted Regular Council Meeting April 26, 1982 page 7 that his personal inspection of this alley suggested that a piece of construction eq- uipment had gone down the alley and pulled up some of the blacktop. The Mayor questioned how this situation could have developed since the alley had been usable for so many years. He also felt it would be easier and more convenient for the haulers to pick the cans and garbage up from the back of the lots rather than from the front since this would Involve less walking. The Public Works Director said he would check and see what, if any, heavy City equipment had gone through this alley. Adjournment Motion by Hentges, second by Norberg to adjourn the meetin, ayes :all: All Anne Student, Cou~nc~'fft-Secretary