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HomeMy WebLinkAboutMay 9, 1983OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING MAY 9, 1983 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 W. Karl Smith of Oak Hill Baptist Church. 3. Minutes of Previous Meetings Motion by Hentges, second by Petkoff to approve the minutes of the Special Council Meet- ing of April 18th; and the Regular Council Meeting of April 25th as presented in writing, and that the reading be dispensed with. Roll call: All ayes 4. Oral Petitions There were no oral petitions. 4a. Proclamation Mayor Nawrocki officially proclaimed May 22-28, 1983 as Public Works Week in the City of Columbia Heights. 4b. Presentation Retiring Fire fighter Dwight Sonnenberg received a plaque from Mayor Nawrocki citing his twenty four years as a member of the Fire Department. On behalf of the City residents the Mayor thanked Fire fighter Sonnenberg for his dedicated service and wished him well in his retirement. 5. Ordinances and Resolutions a. Second Reading of Ordinance No. 1038 Rezoning This request was for the rezoning of Lots 12-21 of Fairview Park 2nd Addition (4307 through 4337 University Avenue) from Limited Business to Residential (R-2) to allow the construct- ion of one and two family dwellings. The Planning and Zoning Commission had held a public hearing on this matter and recommended the rezoning. The property owner of two lots, Lot 20 and Lot 21 (4337 University Avenue) objected to the rezoning and requested that his two parcels be left out of this rezoning. Motion by Norberg, second by Hentges to change the number 21 in the first line of the first section of the ordinance to number 19. Mayor Nawrocki opposed this amendment in that it would leave one forty-foot lot isolated in the "LB" District. Roll call on amendment: Hovland, Petkoff, Norberg, Hentges--aye Nawrocki--nay 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. 1038 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, REZONING CERTAIN REAL ESTATE The City Council of the City of Columbia Heights does ordain: Section I: The property legally described as Lots 12 through 19, Fairview Park 2nd Ad- dition, according to the recorded plat on file and of record in the office of the County Recorder in and for Anoka County, Minnesota, which is currently zoned "L-B", Limited Business District, shall hereafter be zoned "R-2", Two Family Residential District. Regular Council Meeting May 9, 1983 page 2 Section 2: The Zoning Map of the City of Columbia Heights is herewith amended in accordance with this Ordinance. 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 ll, 1983 Offered by: Hentges May 9, 1983 Seconded by: Norberg May 9, 1983 Roll call: All ayes Jo-Anne Student, Council Secretary Bruce G. Nawrocki, Mayor b. First Reading of Ordinance No. 1039 Pertaining to Street Excavations The first reading of this ordinance had been tabled at a previous Council meeting pending additional information, particularly with regard to the surety bond estimate. Discussion followed and there was still some further information desired by the Council. Motion by Norberg, second by Hentges to table this first reading for additional information. Roll call: All ayes c. Resolution 83-22 Joint Powers Agency-Watershed Management Organization This watershed management organization would be for the upper Mississippi east-south water- shed and originally was proposed to include six of the southern most cities in Anoka County. Spring Lake Park does not appear to be interested in pursuing this joint powers agreement. Some discussion followed regarding the advantages of this type of arrangement and the al- ternatives if this agency were not formed. Motion by Norberg, second by Hentges to waive the reading of the resolution there being ample copies avaialble to the public. Roll call: All ayes RESOLUTION 83-22 RESOLUTION ENDORSING DEVELOPMENT OF JOINT POWERS AGENCY TO FUNCTION AS A WATERSHED MANAGEMENT ORGANIZATION FOR THE UPPER MISSISSIPPI EAST-SOUTH WATERSHED WHEREAS, Chapter 509, Laws of Minnesota 1982 requires the formation of Watershed Management Organizations for the purpose of Surface Water Management, either by development of Joint Powers Agreements or by petition for the formation of a Chapter 112 Watershed District; and WHEREAS, it is the opinion of the City of Columbia Heights that the area identified as the Upper Mississippi East-South Watershed by the Metropolitan Council's reg- ional plan for surface water management can best be managed by a Watershed Management Organization developed under a Joint Powers Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Columbia Heights, Minn- esota that: 1. The City of Columbia Heights hereby endorses the development of a Joint Powers Agency to function as the Watershed Management Organization for the Upper Mississippi East-South Watershed. Regular Council Meeting May 9, 1983 page 3 2. Fred Salsbury is hereby appointed as Columbia Heights' representative to a steering committee to formulate a Joint Powers Agreement to be submitted for official consideration by the City Councils of the member cities. Date: May 9, 1983 Bruce G. Nawrocki, Mayor Attest: William Elrite, City Clerk d. Resolution 83-23 City Manager's Salary Resolution 83-23 was read by Mayor Nawrocki. Councilman Hentges felt management personnel should not receive a salary increase based on a percentage. RESOLUTION 83-23 BEING A RESOLUTION ESTABLISHING THE SALARY OF THE CITY MANAGER BE IT HEREBY RESOLVED that the City Council of the City of Columbia Heights establish the salary for the position of City Manager at $43,500 per year; and that this rate be effective as of April 3, 1983. Passed this 9th day of May, 1983. Offered by: Seconded by: Roll call: Hovland Petkoff Hovland, Petkoff, Norberg--aye Hentges, Nawrocki--nay Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary 6. Communications a. Planning and Zoning Commission 1. Variance Request, Brad & Connie Jensen, 3838 Buchanan Street Motion by Petkoff, second by Hovland to grant a variance to Brad and Connie Jensen, as recommended by the Planning and Zoning Commission, of 17' from the required 20' alley setback in order to construct a 22' x 22' detached garage. The recommendation of the P & Z due to the hardship created by the shape of the lot. Roll call: All ayes 2. Variance Request, Steven Hamilton, 4204 7th Street Motion by Hentges, second by Hovland to grant a variance to Steven Hamilton, as recom- mended by the Planning & Zoning Commission, of 8' from the required 20' alley setback in order to construct a 24' x 26' detached garage. The recommendation of the P & Z was based on the hardship created by the large pine tree located in the rear yard. Council- man Norberg inquired of Mr. Hamilton the nature of the hardship. He responded that he didn't want to cut the pine tree down to accommodate the garage. Roll call: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--abstain Regular Council Meeting May 9, 1983 page 4 3. P.U.D. Preliminary Plan Review P.J. Gaughan, Inc. This preliminary plan review deals with the Planned Unit Development being proposed by P.J. Gaughan, Inc. on property commonly known as the University Avenue School property in conjunction with approximately 6.7 acres of underutilized property located north of 40th Avenue and south of said school property. Total site area represented by this pro- posal is 15.32 acres. The housing types proposed are 88 Coach Homes and 66 Townhouses. The Planning and Zoning Commission recommended to the City Council approval of the pre- liminary plan. Plans that were being submitted by the developer as well as recommendations that were received from other City departments, such as the Fire Department and the Planning and Zoning Commission, were reviewed and discussed. The Mayor expressed concern with the density being considered for the area and was advised that density was considered by the P & Z but only to the degree that the project would still be financially feasible. Councilman Norberg felt the Council was being asked to give preliminary approval to a plan which did not have enough backup date, such as; the moving of Third Street, dead- end street accommodations for fire trucks, storm water drainage, etc. Residents in at- tendance stated some of their concerns many of which dealt with traffic flow, drainage, closeness to existing homes, and acquisition of land. Motion by Hentges, second by Petkoff to concur with the Planning and Zoning Commission recommendation and give approval to the Preliminary Plan subject to the following re- submissions and exceptions: 1) Approval of the traffic circulation plans in the P.U.D. area 2) Approval of the drainage plans 3) Approval of the covenants and agreements for the protection of the planned unit development and the open space 4) Modification of the plan to include the report of the Public Works Director's report of April 29, 1983. 5) Modification of the plan to include the concerns expressed in the Fire Department's report The City Attorney also noted that the development schedule should be submitted so the required open space can be phased in. It was still felt that more information should be presented for review by the Council before it was requested to approve the preliminary plan. Motion by Nawrocki, second by Norberg to table this matter until Monday, May 16th when a Special Council meeting is scheduled for 6:00 pm. Roll call on tabling: Hovland, Nor- berg, Nawrocki--aye Petkoff, Hentges--nay Motion carries. 4. Lot Split Gerald Welch, 3911 Johnson Street Mr. Welch is appealing the denial by the Planning and Zoning Commission for a lot split requested for his property at 3911-3915 Johnson. Mr. Welch wanted to make two lots from this parcel, one would be 46.97 feet by 149 feet and the second would be 58 feet by 149 feet. The zoning in R-2, which is the zoning in this area, requires a minimum lot width of 60'. Motion by Hentges, second by Petkoff to concur with the Planning and Zoning Commission's recommendation and deny the appeal. Councilman Hovland noted that Mr. Welch had stated he is willing to split his parcel so there would be two 50 foot lots. Roll call: Petkoff, Norberg, Hentges--aye Hovland, Nawrocki--nay Regular Council Meeting May 9, 1983 page 5 5. Variance and Parking Lot Expansion, VFW Post #230, 4446 Central Avenue Motion by Norberg, second by Hovland to grant a 17' variance to the 20' required land- scaped area and screening abutting residential property, and to approve the parking lot expansion provided the following changes to the proposal be made: l) Elimination of any access to the alley from the parking lot with concrete curbing installed around the parking lot perimeter and the green area to be continuous from 45th Avenue to south property line. 2) The driveway on 45th Avenue be moved to the northwest corner of the lot near the alley entrance with curbing installed to the requirements of the Engineering Dept. 3) That the dumpster at the rear of the building be enclosed. 4) All drainage of the parking lot be picked up on site into one or two new catch basins constructed within the lot area and piped to an existing catch basin in the southwest corner of 45th and Central Avenues or some equivalent or more ef- fective alternative. 5) Any deteriorated sections of sidewalk located near the proposed driveway on Central Avenue be repaired and/or replaced. 6) The necessity for a screening fence along the rear of the property be waived. Discussion continued with representatives of VFW Post #230 specifically addressing al- ternatives to the piping of drainage and to the condition of the existing catch basin. Roll call: All ayes b. Traffic Commission 1. "No Parking Anytime" Request A parking problem exists between the alley adjacent to Northwest Electronics Institute and the Institute's driveway resulting in congestion. It was noted that cars parked near the alley make it difficult for people to pass or turn. Councilman Norberg noted he felt they should be tagged and that by removing one parking spot pressure would be merely increased. Motion by Hentges, second by Hovland that the area from the alley between Jackson Street and Quincy Street on the north side of 41st Avenue to a point 25' east of the alley be restricted to "No Parking Anytime." Roll call: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--nay c. Insurance Committee Payment of Legal Fees An invoice was received from Western World Insurance Company for legal expenses incurred while defending the City against the claim of Randy Wilson Electric, Inc. This expense results from a dispute with subcontractor work in connection with the Sullivan Lake Pro- ject. The charges have been reviewed by the City ~ttornev. Motion by Petkoff, second by Hentges to authorize payment in the amount of $1,237.50 to Western World Insurance Company for services rendered in defending the City against the claim from Randy Wilson Electric, Inc. Roll call: Hovland, Petkoff, Hentges, Nawrocki-- aye Norberg--abstain d. Other Communications 1. A letter from Congressman James Oberstar was received regarding Anoka County retaining its urban county identification when being considered for Community Development Block Grants. 2. Material was received and distributed to the Council from the State Waste Management Board. Regular Council Meeting May 9, 1983 page 6 7. Old and New Business a. Old Business 1. Cable Commission Clerical Services There was discussion regarding possible places from which this clerk could be hired and the hourly rate of pay. Motion by Hentges, second by Norberg to table this matter. Roll call: All ayes 2. Proposal to Purchase City-Owned Property, 1237 42½ Avenue There are two parties interested in purchasing this parcel. The City Manager noted that he had requested an appraisal of this property from the Shaffer-Watson Appraisal Service but as yet has not received it. Motion by Hovland, second by Norberg to table this matter u~til the appraisal has been received from Shaffer~Watson Appraisal Service, hopefully by the next regular Council meeting. Roll call: All ayes 3. Correction of Incorrect Information--Road Material Bid Two awards on road materials had been supplied to the City Council incorrectly at the regular Council meeting of April 25, 1983. Reconsideration of the Council action and approval of an amended correct list is being requested. Motion by Norberg, second by Hentges to reconsider Council action on the award of road material bid at the Council meeting of April 25, 1983. Roll call: All ayes Motion by Norberg, second by Hovland to correct the award of road material bid of April 25th as follows: CRS-2 Delivered $0.6426/gallon-Richards Asphalt Bid H Delivered $7.35/ton~Midwest Asphalt (Coarse Aggregate) and furthermore, that the other portions of the bid remain as awarded. Roll call: All ayes b. New Business 1. Award of Miscellaneous Concrete Project Motion by Norberg, second by Hovland to award the miscellaneous concrete project to Area Cement Company for the unit prices as noted on bid tabulation dated May 9, 1983 based upon low, formal bid; and furthermore, that the Mayor and City Manager be auth- orized to execute an agreement with Area Cement Company for same. Roll call: All ayes 2. Award of Seal Coat Work Motion by Norberg, second by Hovland to award the 1983 seal coat work to Allied Black- top of Maple Grove for their unit prices shown on the May 5th bid tabulation and Public Works Director memo at a cost not to exceed $106,584.37 based upon low, formal quotation; and furthermore, that the Mayor and City Manager be authorized to execute an agreement with Allied Blacktop for same. Roll call: All ayes 3. Award of Work on Park Buildings Motion by Norberg, second by Hentges to authorize the award of bid for the new outside doors to the McKenna building bathrooms and the blocking up of the old garage doors on the Huset Park Jefferson Building to Mikedonald Cement Company in the amount of $2,352 for the two projects based upon low, informal quotation received. Roll call: All ayes Regular Council Meeting May 9, 1983 page 7 4. Water Tower Report and Authorization to Seek Bids The Council had received a written report from the City Engineer on the present condition of the water tower coating inside of its bowl. The report also included much background material on the tower since its construction. Orally, the City Engineer addressed what needs to be done to maintain the serviceability of the tower and he proposed a timeframe in which the recoating should be done, that being before there is heavier water con- sumption. He also said there are relatively few companies that do this type of work. Motion by Norberg, second by Hovland to authorize the City Manager to dispense with the advertising except for the posting thereof and the securing of sealed bids from known suppliers of the service in lieu of formal advertising. Roll call: All ayes 5. League of Minnesota Cities Annual Conference Motion by Petkoff, second by Hovland to authorize the attendance of the Mayor, Council Members, Council Secretary and up to five staff members at the League of Minnesota Cities' Conference June 14-17, 1983 to be held in Bloomington. Roll call: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg-~nay 6. Telephone Answering Machines Motion by Hentges, second by Hovland to authorize the expenditure of up to $600 for the purchase of two telephone answering machines for the Police Department. Roll call: All ayes 7. Agreement with Northwestern Electronics Institute--College Work Study Program/Off Campus This work study program received 80% of its funding from the federal government. It is being proposed for students enrolled at Northwestern Electronics Institute. Motion by Norberg, second by Petkoff that the Mayor and City Manager be authorized to enter into an agreement with Northwestern Electronics Institute for the Work Study Program as outlined in the draft contract received from Northwestern Electronics Institute subject to the approval of the City Engineer. Roll call: All ayes 8. Permission to Consume Non-Intoxicating Malt Liquor at Sullivan Lake Park Councilman Hentges had received a request from the Train Collectors Association to consume non-intoxicating malt liquor that is planned for Sunday, June 12, 1983 at Sullivan Lake Park from noon to 4:00 pm. There was some question as to whether or not this organization would qualify under the ordinance. Motion by Hentges, second by Petkoff to grant permission to the Train Collectors Assoc- iation to possess and consume non-intoxicating malt liquor in conjunction with a picnic to be held June 12th from noon to 4:00 pm. Motion by Nawrocki, second by Hovland to refer this matter to the Special Council meeting on Monday, May 16th at 6:00 pm. for further information. Roll call: Hovland, Petkoff, Nawrocki--aye Hentges--nay Councilman Norberg had left the meeting at this time. 8. Reports a. Report of the City Manager This report was submitted in writing and all of the items were discussed that were con- tained in it. b. Report of the City Attorney It was noted by the City Attorney that a new trial has been ordered by the judge in the Bochnik case and that this ruling will be appealed. The City Attorney was requested to draft an ordinance that addressed whether a 4/5th or majority vote is required on the zoning ordinance. There was also some discussion regard- ing vacating an alley and an easement at 39th and Central Avenue. Regular Council Meeting May 9, 1983 page 8 9. Licenses Motion by Hovland, second by Hentges to grant the licenses as listed upon payment of proper fees. Roll call: All ayes lO. Payment of Bills Motion by Hentges, second by Hovland to pay the bills as listed out of proper funds. Roll call: All ayes It was noted by Mayor Nawrocki that the appointments to the Science, Technology and Energy Commission should be made at the Special Council meeting on Monday, May 16th. Adjournment Motion by Hentges, second by Petkoff to adjourn the meeting at 1:30 am. Roll call: all ayes ~ Nawrocki, Mayor Anne St6dent~, Coun~c~T~i- Secretary