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HomeMy WebLinkAboutApr 11, 1983 (2)OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING APRIL 11, 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 Richard Mork of First Lutheran Church. 3. Minutes of Previous Meetings Motion by Hentges, second by Hovland to approve the minutes of the Council Meeting of March 14th, the Public Hearing of March 21st, the Special Council Meeting of March 23rd, the Public Hearing of March 28th, and the Council Meeting of March 28th as presented in writing, and that the reading be dispensed with. Roll call: All ayes 4. Oral Petitions 4a. Proclamation Mayor Nawrocki read a proclamation officially recognizing the week of April 17th through April 24th as St. Matthew Lutheran Church week in the City of Columbia Heights. St. Mat- thew Church is observing its 50th Anniversary. 5. Ordinances and Resolutions a. First Reading of Ordinance No.1037 Conveyance of Property 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 The property being transferred would facilitate the expansion of the Dragon House Restaurant ORDINAI~CE NO. 1037 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, CONVEYING PART OF LOT 6, BLOCK 62, COLUMBIA HEIGHTS ANNEX TO MINNEAPOLIS The City Council of the City of Columbia Heights does ordain: Section l: The City of Columbia Heights shall quit claim and convey to the Housing and Redevelopment Authority of Columbia Heights, Minnesota, the following described property: The north 2l feet of Lot6, Block 62, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, including that part of the vacated alleyway lying east of the Northerly extension of the west line of Lot 6 and south of the westerly extension of the north line of said Lot 6, Anoka County, Minnesota subject to an easement for walkway, utility and public roadway or right of way purposes over, under and across the following described property: BEGINNING at a point located at the intersection of the norther)y extension of the West line of Lot 6 and the westerly extension of the North line of Lot 6, thence south along said northerly extension of the west line of Lot 6, a distance of eight feet (8'), thence northeasterly to a point of begin- ning, thence west eight feet (8') along the said westerly extension of the north line of Lot 6 to the point of beginning, all in Block 62, Columbia Heights Annex to Minneapolis. Regular Council Meeting April ll, 1983 page 2 BEGINNING at the northeast corner of Lot 6, thence south along the easterly line of said Lot 6, then northwest to a point on the north line of Lot 6 eight feet (8') west of the point of beginning, thence eight feet (8') east along the north line of said Lot 6 to the point of beginning, all in Block 62, Columbia Heights Annex to Minneapolis Section 2: The Mayor and City Manager are herewith authorized to execute a Quit Claim Deed to effect the conveyance of the City's interest in said property. Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: April 11, 1983 The second reading and public hearin~ of Ordinance No. 1037 is scheduled for April 25th. b. Resolution 83-19 Requesting Authorization for Anoka County to Continue in the Com- munity Development Block Grant Program for FY 1984 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 RESOLUTION 83-19 REQUESTING AUTHORIZATION FOR ANOKA COUNTY TO CONTINUE IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FY 1984 WHEREAS, Title I of the Housing and Community Development Act of 1974, as amended, pro- vides for a program of Community Development Block Grants; and, WHEREAS, Anoka County has been designated as an urban county by the Federal Housing and Urban Development Department and consequently, is eligible to participate in the Com- munity Development Block Grant Program; and, WHEREAS, for fiscal year 1983 special Congressional legislation has been enacted to per- mit Anoka County to continue in the C.D.B.G program in recognition of the 1980 Census population shortfall; and, WHEREAS, Anoka County, in accorance with Federal regulations, has entered into a joint powers agreement for a three-year term with other municipalities of Anoka County for program years 1982, 1983 and 1984 to administer and participate in the Community Dev- elopment Block Grant Program; and, WHEREAS, if Anoka County and its municipalities are to successfully complete their third year obligation to the three-year joint powers agreement, it will be necessary to receive C.D.B.G. funding for C.D.B.G. fiscal year 1984; and, WHEREAS, Anoka County has been recognized as one of the fastest growing counties in the State of Minnesota as confirmed by the Metropolitan Council and State of Minnesota which continues to project a population in excess of 200,000; and, WHEREAS, the State of Minnesota and the Metropolitan Council have certified to the United States Bureau of the Census that Anoka County exceeds the 200,000 population entitlement threshold; and, WHEREAS, updated census population information, as provided by the U.S. Department of Commerce/Bureau of the Census which would qualify Anoka County as meeting the 200,000 entitlement threshold, will not be available by the July l, 1983 HUD deadline for quali- fication; and, Regular Council Meeting April ll, 1983 page 3 WHEREAS, the Community Development Block ~rant Program has proven to be essential in the effort to remove slum and blight and has provided valuable resources to meet the needs of low-income residents of Anoka County and its municipalities; and, WHEREAS, Anoka County's continuation in the Community Development Block Grant Program for FY 1984 will add no additional burden to the Federal budget; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Columbia Heights does hereby request the support of our Congressional representatives to assist Anoka County to continue in the 1984 Community Development Block Grant Program. BE IT FURTHER RESOLVED that copies of this resolution be forwarded to our Congressional representatives and to Anoka County. Offered by: Norberg Seconded by: Hovland Roll call: All ayes Date of Passage: April 11, 1983 Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary 6. Communications Planning and Zoning Commission 1. Richard Edwards, 2477 Ellio~~ Ave. S., Columbia Heights Mall, Conditional Use Permit Motion by Petkoff, second by Hentges to grant a conditional use permit to Richard Edwards for a restaurant to be located in the Columbia Heights Mall with seating for six patrons as recommended by the Planning and Zoning Commission. Roll call: All ayes 2. Patrick O'Neil, 310 Groveland Avenue, Conditional Use Permit, 4935 Central Avenue Motion by Hentges, second by Hovland to grant a conditional use permit to Patrick O'Neil to operate an unbaked, take-out only pizza restaurant at 4935 Central Avenue as recommended by the Planning and Zoning Commission. The Mayor noted that there has been an on-going problem with keeping the sidewalk in this shopping center clear of snow and that Mr. O'Neil should be prepared to cont£i'bute to the snow removal as required by City ordinance. Councilman Norberg felt that the parking problem that exists in this shopping center would be aggravated and the C.U.P. should not be approved until the owners of the building pro- vide additional parking. His contention was that if the building owners could not rent any of the vacant space in the center contingent on supplying more parking space that space would soon be supplied. Roll call: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--nay 3. Irene Bliskowski, 2531 Jackson Street, Conditional Use Permit, 4211 Central Avenue Motion by Petkoff, second by Hovland to grant the Conditional Use Permit and Alteration Permit to Irene Bliskowksi to operate a tailor shop at 4211 Central upon recommendation by the Planning and Zoning Commission with the following provisals; that five parking spaces are provided, a privacy fence is erected on the rear property line, and bumper curbs are installed for parking area as per code. Roll call: Hovland, Petkoff, Hentges, Nawrocki--aye NorBerg--nay 4. John Davitt, 5153 7th Street, Conditional Use Permit Motion by Hentges, second by Hovland to approve a conditional use permit to John Davitt to install a 10' x 24' storage building at his home at 5153 7th Street as recommended by the Planning and Zoning Commission. Roll call: All ayes Regular Council Meeting April ll, 1983 page 4 5. Amendment to Zoning Map The Planning and Zoning Commission recommended to the City Council that an amendment to the zoning map of Lots 12-21 of Fairview Park, 2nd Addition be made changing it from Limited Business to Two-Family Residential. This must be done by ordinance. First Reading of Ordinance No. 1038 Rezoning Certain Real Estate MoLion by Norberg, second by Hentges to waive the reading of Ordinance No. ~038 there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 1038 BEING AN ORDINA~CE AMENDING ORDINA~CE NO. 853, CITY CODE OF L977, REZONING CERTAIN REAL ESTATE The City Council of the City of Columbia Heights does ordain: Section 1: The property legally described as Lots 12 through 21, Fairview Park 2nd Add- ition, 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-3", Multiple Family Residence District. Section 2. The Zoning Map of the City of Columbia Heights is herewith amended in accord- ance with this Ordinance. Section 3: This ordinance shall be in full force and effect from and after thirty (30) after its passage. First reading: April 11, 1983 b. Traffic Commission 1. One-Way Traffic on Jackson Street from 42nd Avenue to Northwestern Electronics Institute Residents from this area had attended the most recent Traffic Commission meeting and addressed their concerns with parking and traffic problems in their area. The Traffic Commission is making two recommendations to the Council to solve the problems that exist. Motion by Petkoff, second by Hovland to designate Jackson Street south of 42nd Avenue to the Northwestern Electronics Institute property as one-way southbound as recommended by the Traffic Commission. Roll call: all ayes 2. Two-Hour Parking During Certain Hours on Jackson Street from 42nd Avenue to North- western Electronics Institute It was felt that to allow six hour parking in the area of 42nd and Jackson Street con- tributed to the parking problems being experienced by the residents in the area. They requested that this area be posted for two hour parking between 8:00 am and 2:30 pm and that ultimately this would solve their problem. Residents from another area near Northwestern Electronics Institute also voiced a concern they had with the same type of problem. It was determined that the Traffic Commission would also pursue a solution. to this problem with input from more residents in the area. The City Engineer stated that residents who are affected by a parking or traffic problem from the Institute would be contacted and advised of the next Traffic Commission meeting when this item would be discussed. Motion by Norberg, second by Petkoff to authorize the erection of signs on the west side of Jackson Street from 42nd Avenue to the north boundary of Northwestern Elec- tronics Institute ~roperty to indicate "2-Hour Parking, 8AM - 2:30 PM, Monday through .Regular Council Meeting April ll, 1983 page 5 Friday," as recommended by the Traffic Commission. Roll call: All ayes Discussion followed regarding the possibilities of expanding the number of parking spaces in the Institute's parking lot. Motion by Hentges, second by Petkoff to request the Traffic Commission to continue its investigation of traffic and parking problems in the area of Northwestern Electronics Institute. Roll call: All ayes It is the hope of the Council that the Director of the Institute will have plans for parking prepared for the May 2nd Traffic Commission meeting and that City staff will also have some alternative proposals prepared. 3. Traffic Commission Public Hearing Regarding Designation of "No Parking" on the South Side of 46th Avenue Between Fillmore and Reservoir Boulevard and the West Side of Fill- more Between 46Ch Avenue and 47th Avenue and Consider Traffic Control Measures in the General Vicinity A public hearing held by the Traffic Commission resulted in two resolutions being recom- mended to the City Council. a. Resolution 83-20 Relating to Parking Restrictions Motion by Norberg, second by Hentges to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTIOt~ 83-20 RELATING TO PARKING RESTRICTIONS ON S.A.P. 113-116-O4 (FILLMORE STREET) FROM 46TH AVENUE N.E. (S.A.P. 113-116-03) TO 47TH AVENUE N.E. IN THE CITY OF COLUMBIA HEIGHTS MINNESOTA THIS RESOLI~TION, passed this llth day of April, 1983, by the City of Columbia Heights in Anoka County, Minnesota. The Municipal corporation shall hereinafter be called the "City", WITNESSETH: WHEREAS, the "City" has planned the improvement of M.S.A.S. ll6 from 44th Avenue N.E. to 100' ~ north of 47th Avenue N.E. WHEREAS, the 'City" will be expending Municipal State Aid Funds on the improvement of this street, and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street, approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions, and WHEREAS, the extent of these restrictions that would be necessary prerequisite to the approval of this construction as a Municipal State Aid project in the "City'l, has been determined. NOW, THEREFORE, IT IS HEREBY RESOLVED: That the "City" shall restrict the parking to motor vehicles on the west side of M.S.A.S. 116-04 (Fillmore Street) at all times. Dated this llth day of April, 1983. Offered by: Norberg Seconded by: Hentges Roll call: All ayes .~egular Council Meeting April ll, 1983 page 6 Jo-Anne Student, Council Secretary City of Columbia Heights, Mn. BY Bruce G. Nawrocki, Mayor ATTEST: I hereby certify that the aforegoing resolution is a true and correct copy of the re- solution presented to and adopted by the City Council of the City of Columbia Heights, at a duly authorized meeting thereof held on the 11th day of April, 1983 as shown by the minutes of said meeting in my possession. William J. Elrite Finance Director, City Clerk/Treasurer b. Resolution 83-21 Relating to Parking Restrictions Motion by Norberg, second by Hentges to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION 83-21 RELATING TO PARKING RESTRICTIONS ON S.A.P. 113-116-O3 FROM RESERVOIR BOULEVARD (S.A.P. 113-116-02) TO FILLMORE STREET (S.A.P. 113-116-O4 IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA THIS RESOLUTION, passed this llth day of April, 1983, by the City of Columbia Heights in Anoka County, Minnesota. The Municipal corporation shall hereinafter be called the "City", WITNESSETH: WHEREAS, the "City" has planned the improvement of M.S.A.S. ll6 from 44th Avenue N.E. to 100' + north of 47th Avenue N.E. WHEREAS,--the "City" will be expending Municipal State Aid Funds on the improvement of this street, and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street, approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions, and WHEREAS, the extent of these restrictions that would be necessary prerequisite to the approval of this construction as a Municipal State Aid project in the "City'l, has been determined. NOW, THEREFORE IT IS HEREBY RESOLVED: ~ro That the "City" shall restrict the parking-erP motor vehicles on the north side of M.S.A.S. )16-03 (46th Avenue N.E.) at all times. Dated this )lth day of April, 1983 Offered by: Norberg Seconded by: Hentges Roll call: All ayes City of Columbia Heights, Mn. BY Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary ATTEST: I hereby certify that the aforegoing resolution is a true and correct copy of the res- olution presented to and adopted by the City Council of the City of Columbia Heights, Regular Council Meeting April 11, 1983 page 7 a~ a duly authorized meeting thereof held on the llth day of April, 1983 as shown by the mi.nutes of said meeting in my possession. William J. Elrite Finance Director/City Clerk/Treasurer c. Court Action on Retaining Wall A resident had inquired as to the present action being taken by the City regarding judge's findings concerning a retaining wall in the City. d. Hazardous Waste Processing Site--Proposed Location in the City of Fridley A letter had been received from the Fridley Public Works Director addressing the City's concern with the proposed location of a hazardous waste site for processing in Fridley. Two of their most important concerns dealt with spillage accidents and the condition of the soil. The letter requested that the Columbia Heights City Council take a position in opposition to this proposed site. Much discussion followed regarding this proposed site, criteria established for site selection, and abatement as well as disposal. It was the Mayor's opinion that the Waste Management Board would be more inclined to be responsive to specific concerns rather than objections. The Mayor felt a statement should be prepared that addressed 1) the effect on water supplies and soil conditions; 2) concern with the safety of vehicles hauling waste which pass through the City of Columbia Heights. Motion by Petkoff, second by Hovland to direct the City Manager to draft a statement for presentation at the Minnesota Waste Management Board hearing on April 19th expressing the concerns raised by the City Council at this meeting. Roll call: All ayes RECESS: 11:05 RECONVENE: 11:20 e. Science, Technology and Energy Commission Street Lighting Policy Mo~io,, by i~orberg, second Petkoff to adopt the conclusions and recommendations of the Science, Technology and Energy Commission Report regarding the City's street lighting program; said report dated November 16, 1952 shall become the City's formal Street Lighting Policy effective immediately. Roll call: All ayes Councilman Norberg, who serves as the Council representative on the Science, Technology and Energy Commission, was requested to convey to the Commission the Council's thanks on a very good report which reflected considerable time and effort. f. Vacancies and/or Appointments to Boards and Commissions Motion by Norberg, second by Hovland to reappoint those persons named in the Mayor's memo dated April 8, 1983 on boards and commissions. There was some discussion regarding complaints received by members of the Council concerning a commission member. Roll call: Hovland, Norberg, Nawrocki--aye Petkoff, Hentges--nay Motion by Hentges, second by Petkoff to concur in the Mayor's reappointment of Dick Anderson to the Housing and Redevelopment Authority. Roll call: All ayes It was noted that there are two vacancies on the Science, Technology and Energy Com- mission and applications have been received. Hopefully, interviews for these applicants can be scheduled in the near future. g. Letter Received from Thomas Ohlenkamp Regarding Property at 44½ Avenue Mr. Ohlenkamp sent a letter to the City Council indicating he is willing to sell two 55' parcels located on 44½ Avenue to the City at a cost less than the estimated mar- ket value. The City Manager indicated to Mr. Ohlenkamp that the City would not be interested in purchasing this land. Mr. Ohlenkamp maintained he would have difficulty marketing these parcels because of the soil conditions. Regular Council Meeting April Il, 1983 page 8 h. Suburban Rate Authority Councilman Norberg advised the Council that the Suburban Rate Authority is considering restructuring its operation to be an umbrella-type of an organization for rates with utility companies. The concept would include financing activities by assessing those cities that are affected by these activities. i. Bicycle Impoundment Ordinance Chief Anderson had requested that an ordinance be drafted to address bicycle impoundment. j. Resignation of Assistant Week Inspector A letter of resignation has been received from John Murzyn as the City's Assistant Week Inspector. The Mayor suggested this item should appear on the agenda for a Council work session. 7. Old and New Business a. Old Business 1. Proposed Exchange Between City of Columbia Heights and Midwest Federal Motion by Hentges, second by Hovland to authorize the City Manager to proceed with the exchange of land between the City of Columbia Heights and Midwest Federal on their pro- perty at 1301-1303 Circle Terrace and the adjoining City park property subject to the approval of HUD. Discussion followed regarding the value of the land. Councilman Norberg requested the value of the land from the City Assessor who did not have that information but could get it from her records. Motion by Norberg to table this matter until after the land value was available. Motion dies for lack of a second. It was determined that this subject could be further discussed until the City Assessor returned with the requested information. The City Attorney stated that the property to be exchanged measured seven feet by one-l~undred sixteen feet. Also, he noted that all legal fees for this transaction were being paid by Midwest Federal. Lot- splits and an ordinance would be necessary for transferring of the land. Roll call: All ayes 2. Use of M.S.A.S. Funds for Traffic Signals at 52nd Avenue and Central Avenue Motion by Hentges, second by Petkoff to authorize the Mayor and City Manager to execute the necessary documents to provide for the erection of traffic signals at the intersection of 52nd Avenue and Central Avenue; and furthermore, that the City's share of funding be transferred from the General Fund-Unallocated Fund Balance. Roll call: All ayes The City Engineer was requested to pursue the use of M.S.A.S. funds for the on-going maintenance costs of these signals. 3. Traffic Lights-Time Settings Councilman Norberg had been contacted by a number of residents regarding the time settings on specific traffic lights. He requested that the time settings on the lights on University at 40th and ~t.44~h; and the the lights on Central at 41st, 45th, and 49th be checked. 4. Reconsideration of Action on Ordinance No. 1035 Ordinance No. 1035, being an ordinance amending Ordinance No. 853, City Code of 1977, pertaining to limited intoxicating liquor licenses, was passed on March 14, 1983 and would have become effective thirty days after passage. Motion by Hentges, second by Norberg to reconsider action of March 14, 1983 in adopting Ordinance No. 1035. Roll call: Hovland, Norberg, Hentges, Nawrocki--aye Petkoff--nay Motion by Norberg, second by Hentges to table further consideration of Ordinance No. 1035 until the next regular Council meeting. Roll call: All ayes Regular Council Meeting April Il, 1983 page 9 b. New Business 1. Columbia Heights Jamboree, June 23-26, 1983 Motion by Petkoff, second by Hovland to approve June 23-26, 1983 as the dates for the Columbia Heights Jamboree with the parade being held on Friday, June 24th; and further- more, that the above be subject to license and bond approval, and coordination of parade activities with Police Chief and Fire Chief prior to the Jamboree, and that the use of certain park buildings be subject to the approval of the Park Board and the closing of part of Central Avenue be subject to the approval of MN/DOT. Roll call: All ayes 2. Award of Bid-Annual Spring Cleanup Motion by Hentges, second by Petkoff to award the bid and authorize the Mayor and the City Manager to execute an agreement with United Disposal Systems, Inc. at a price of $3.46 per cubic yard, based upon low, formal quotation. Roll call: All ayes 3. Authorization to Proceed with Water Tower Inspection Motion by Hentges, second by Norberg to authorize the Mayor and City Manager to execute a contract with Maguire Iron, Inc. of Sioux Falls of South Dakota for the purpose of in- specting and repairing the City's water tower based upon low, informal quotation. Roll call: All ayes Waiver of the "11:30" Rule Motion by Hentges, second by Petkoff to waive the I'll:30" Rule and continue with the agenda. Roll call: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--nay 4. Authorization to Seek Bids--Miscellaneous Concrete Project Motion by Norberg, second by Hentges to authorize the City Manager to seek bids for Miscellaneous Concrete Work; with such bids to be opened May 4th, and awarded by the City Council May 9th. Roll call: All ayes 5. Establishing Hourly Rate for Cable Commission Clerk-Typist This matter was discussed and it was decided to wait as it was the opinion that this request is premature. No Council action was taken. 6. Establish Date for Work Session Monday, April 18th was selected as the date for a Council work session with the session starting at 7:30. 8. Reports a. Report of the City Manager This report was submitted in writing. b. Report of the City Attorney The City Attorney discussed a drainage problem that exists at 40th and McKinley and some of the suggestions being made by the Engineering Department regarding this problem. Also discussed was an easement from Minneapolis on Reservoir Boulevard extension. 9. Licenses Motion by Norberg, second by Petkoff to approve the licenses as listed upon payment of proper fees. Roll call: All ayes Regular Council Meeting April 11~ 1983 page l0 10. Payment of Bills Motion by Petkoff, second by Norberg to approve the payment of the bills as listed out of proper funds. Roll call: All ayes Adjournment ayesMotion by Norberg, second by Hentges to adjourn the meeting~at 1:05 . : Alle Bruce G. Nawrocki, Mayor l~nne Studer~t, CounCil-Secretary