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HomeMy WebLinkAboutJun 23, 1986OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING NE 23, 1986 The meeting was called to order by Mayor Nawrocki at 7:30 p.m.. I. Koll Call Paulson, Petkoff, Carlson, Peterson, Nawrocki - present 2. Invocation ?astor Richard Mork of First Lutheran Church offered the Invocation. 2a. Presentation of the Humanitarian Award The Humanitarian Award was presented posthumously to Norma Bennett and received by her spouse Rollie. 3.' Oral Petitions Howard Agee, a representative of the Political Action Committee of LaBelle Condominiums, I, II and Ill, gave the Council a petition signed by approximately 250 residents of the 'gBelle Condominiums requesting reconsideration of their estimates of fair market values their units. Mayor Nawrocki advised Mr. Agee this matter should have been considered at the Board of Review. Mr. Agee noted that the matter had been brought to the attention of the County Assessor at the County's Board of Equalization and another valuation had been done. The residents felt this valuation was still too high and that consideration for the lifestyle of the condominiums' residents should be a factor. The Mayor sug- gested this is a legislative matter as the City Council could not levy differently for various properties in the City and that the mill rate has to go across the board. Agee also commended the Public Works Director, Fred S~lsbury, and his crews for ~ing a very good job cleaning up LaBelle Park. Glenn Baron, owner of the Blue Bell Ice Cream Company, which operates in the City of Columbia Heights, came to the Council meeting in response to a citizen complaint re- garding the bells used on the ice cream trucks. The City Manager stated that the citi- zen complaint concerned the loudness of the bells, selling before and after the ap- proved hours and children riding on the rear of the truck. He noted that it was not. determined if these problems were observed in connection with the Blue Bell truck. Discussion followed regarding testing the decibel level of the bells, amending the present ordinance to exclude food and beverage vehicles from the prohibition of using bells and changing the license fee to address this type of matter. This item will be on the agenda of the next Council work session. · lroy Jersey, Coach/Manager of the Mady's Softball Team, told the Council he had received a letter from the Recreation Department regarding team conduct and activity ~n the City parks. This letter had been sent to all coaches and managers. He advised the Council his team was not responsible for any of the prohibited activities mentioned in the letter and found it regrettable if use of the parks was restricted or stopped ~cause of alleged violations. He noted also that restrooms in the parks had not been open during the times the parks were being used, particularly in Prestemon Park. 4. Minutes of Previous Meetings Motion by Peterson, second by Carlson to approve the minutes of the Regular Council Meeting of June 9th, and the Special Council Meeting of June 16th, as presented in iting and that the reading be dispensed with. Roll call: All ayes Regular Council Meeting June 23, 1986 page 2 Ordinances and Resolutions a. Resolution No. 86-44; Being a Resolution Ordering Improvements This resolution addresses P.I.R. 677-18, Project 8603, for midblock street lighting on 39th Avenue, Johnson Street to Buchanan Street and affects ten parcels. The pole for the light is already in place and the final cost is lower than the estimated cost submitted to the residents. Motion by Peterson, second by Carlson to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION NO. 86-44 BEING A RESOLUTION ORDERING IMPROVEMENTS BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights: WHEREAS, the City Council of the City of Columbia Heights by motion on the 27th day of May, 1986, ordered notice of a hearing to be given to property owners, and WHEREAS, pursuant to a notice of hearing certain residents appeared at a Council meeting on the 23rd day of June, 1986, and WHEREAS, the Council determines to proceed with this local improvement, a portion of the cost being defrayed by special assessments under Charter provisions. 'IHEkEFORE, IT IS HEREBY RESOLVED: 1. That the location and extent of such improvements is as follows: The installation of one (1) 100 watt High Pressure Sodium light on 39th Avenue between Buchanan Street N.E. and Johnson Street N.E.. 2. That the materials to be used are as follows: N.S.P. poles, electrical illuminares, and miscellaneous materials. That a careful estimate of the cost of the improvements has been m~de by the City Manager and the several lots and parcels of land fronting upon and adjacent to such proposed improvements, which be deemed benefited thereby, were properly notified of said hearings, and That the City Manager shall also list the names and owners of the several parcels so improved as nearly as can be ascertained. These improvements shall also be known as Project #8603 - P.I.R. #677-Area 18. Passed this 23rd day of June, 1986. Offered by: Peterson Seconded by: Carlson ll call: All ayes Jo-Anne Student, Council Secretary Bruce G. Nawrocki, Mayor Regul'ar Council Meeting June 23, 1986 page 3 Resolution No. 86-45; Adopting an Assessment Roll for Special Assessment Motion by Peterson, second by Carlson to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes Mayor Nawrocki expressed his on-going concern with the administrative charges on assessments and stated he will not support adoption of this resolution on the basis of the high administrative charges involved with the project. RESOLUTION NO. 86-45 Adopting assessment roll for the following local improvement and determining said improvement will be made and ratifying and confirming all other proceedings, here- tofore had: Special Assessments for midblock lighting numbered 677- Area 18. WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:30 p.m. on the 23rd day of June, 1986, in the City Council Chambers, 590 4Oth Avenue N.E., Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvement above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated the cost of such local improvement and has prepared an assessment roll therefore, CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: Section 1: That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Local Improvements" numbered 677-Area 18 for midblock lighting. Section 2: That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefitted by such improvements. This Council further finds and determines that the proper proportion of the cost of such improve- ment to be especially assessed against each lot or parcel of land is the amount as billed annually by Northern States Power plus an admini- stration fee. Section 3: That the annual installment shall be paid in full without interest on or before September 15, 1987, and in annual installments thereafter, as long as the midblock light is in place. Failure to pay the annual installment renders the same delinquent and thereafter a 10% penalty is added and the said delinquent special assessment is certified to the County for collection with the real estate tax. Section 4: That this Council did hereby determine and redetermine to proceed with said improvement, does ratify and confirm all other proceedings here[o- fore had in regard to this improvement, and said improvement shall here- after be known and numbered 677 - Area 18 for midblock lighting. tion 5: This resolution shall take effect immediately upon its passage. Passed this 23rd day of June, 1986. Regular Council Meeting June 23, 1986 page 4 O Offered by: Peterson Seconded by: Paulson Roll call: Paulson, Petkoff, Carlson, Peterson - aye Nawrocki - nay M~ye~ Na,^~rocki inquired if another public hearing would be required if the assessment costs on this project were changed. The City Attorney advised that the hearing would probably not need to be reopened if the assessment were lower. c. Resolution Regarding Labor Agreement Between the City of Columbia Heights and the International Association of Fire Fighters, Local No. 1216 The City Manager read the recommendation regarding the labor agreement. Mayor Naw- ,rocki noted that the 1987 contract comparables had previously been requested and mot as yet received. He also noted that there was no data attached to this resolution regarding previous benefits and wages. This item will be on the June 3Oth Council work session agenda. Members of the Fire Department at the meeting inquired why this matter could not be discussed at the present time. They were advised additional information is being requested. Mayor Nawrocki requested the City Manager to contact other communities regarding their policy on bells on vendor trucks such as the ice cream truck discussed earlier in the meeting. The information gathered will be discussed at the June 30th Council work session. Communications Presentation by Condor Corporation - Concept Plan for Sullivan Lake Development presentatives of the Codor Corporation and of the Sea Coast Development Company reviewed the proposal they have for development of Sullivan Lake area. The pro- posal is for a residential facility geared toward the older resident which will address needs from independent living to nursing home care. Photos and material on some of their other facilities of this nature were viewed and discussed. Council- members Paulson and Petkoff stated they were not interested in this type of deve- lopment for this area. They would be supportive of a different type of housing. This matter will be discussed at the next Council work session and the Director of Community Development was requested to prepare a summary of all of the proposals received to date for this area. b. Withdrawal of Request for Transfer of Franchise Legal counsel for North Central Cable Communications L.P. sent a letter to the Council indicating that the limited partnership is withdrawing its request for a transfer of Franchise. The City's legal counsel on cable matters advised the Council by letter ~asically outlining the purpose and affect of the withdrawal. The Cable Communications Commission recommended the request without prejudice. Motion by Carlson, second by Paulson to acknowledge receipt of the letter from North Central Cable Communications requesting withdrawal of the earlier request for trans- fer of the franchise and to do so without prejudice. Roll call: All ayes c. Request to Vacate Alley Craig Peters of Il21 Gould Avenue is requesting that the City Council consider vacation of the east-west alley located behind his property. Mr. Peters advised the Council he is primarily concerned with the use of his property as well as Oehicular traffic presently utilizing the alley right-of-way to gain access to the property at 1132/1134 40th Avenue. He is planning on constructing a six foot high privacy fence in the area of his yard near the alley. He noted that the fence previously in this location has been damaged repeatedly by vehicles and he objects to the unsightly appearance of numerous vehicles parked in this area. Mr. Peters Regular Council Meeting June 23, 1986 page 5 been maintaining half of this alley~since he purchased his home six years ago. The City Manager suggested this matter should be an agenda item for the Council's work session on June 30th. Mr. Peters will be notified when this matter is to be discussed at a Council meeting. 7. Old and New Business a. Old Business 1. Drainage Problem at 39th and Hayes Street The City Manager advised the Council that no additional information on the history ~f this problem has been found. An attempt will be made to repair the old recorder so minutes of meetings when this subject was discussed can be reviewed. b. New Business !. Establish Position Description and Salary Range for Senior Citizens Coordinator The City has been advised by the Metropolitan Council that this position has received full funding under Title IIIB of the Older Americans Act. Mayor Nawrocki inquired if this position has been ranked in the Comparable Worth Study. The City Manager stated that the position was not on line when the City's Comparable Worth Study was done. Motion by Petkoff, second by Peterson to adopt the position description for a Senior Citizens Coordinator dated June 20, 1986; and, furthermore, to establish the fol- lowing salary range: Entry Six Months One Year 2 Years 3 Years Monthly ~-~-8 $1,498 $1,547 $1,597 $1,646 Mayor Nawrocki felt it was not reasonable to fill the position before it had been evaluated by the Comparable Worth Study. He noted that adjustments may have to be made after the position is filled. The Recreation Director advised the Council that delay in this matter was acceptable as the program could not commence until the 4ork at Murzyn Hall is completed. The maker and seconder withdrew their motion. 2. Early Childhood Family Education Coordinator Previously this program had a part-time coordinator but has plans for expansion so the position will become full-time. Mayor Nawrocki inquired how this position relates to comparable worth. He was advised the position salary range was determined on the market. The Mayor noted that market rates deal with external equity while comparable worth deals with internal equity. He felt a decision on this matter should be delayed until the Council is advised how the salary range fits into the comparable worth study. Motion by Peterson, second by Paulson to authorize the full-time salary range for the 'Early Childhood Family Education Coordinator as follows: Entry Six Months One Year Two Years Three Years Monthly $1,840 $1,902 $1,966 $2,028 $2,090 Roll call: Paulson, Petkoff, Peterson - aye Carlson, Nawrocki - nay 3. Position Description - Senior Citizens Coordinator ion by Peterson, second by Petkoff to have the position description of the Senior izens Coordinator as described in the Administrative Assistant's memo dated June 23, 1986 reviewed by the Comparable Worth Committee. Roll call: Paulson, Petkoff, Peterson, Carlson - aye Nawrocki - nay ~egular Council Meeting June 23, 1986 page 6 Recreation Director updated the Council on the progress of the proposed LatchKey Program in the District. 4. Request by Crest View Lutheran Home to Rescind Escrow Requirements Associated wit~ AOoitional Covered Parking at The Boulevard Apartments The Development Agreement and Declaration of Covenants between the City of Columbia Heights and Crest View Lutheran Home addressed a zoning variance of the required parking spaces based on the facility (The Boulevards Apartments) being continued as housing for elderly persons. As a requirement of the mortgage the Minnesota Housing Finance Agency required an escrow account be set up to address the concern of the City Council regarding covered garage space. The intent was to provide some insur- ance that should additional covered spaces be required of the project sufficient funds would be escrowed to construct. The Executive Director of Crest View, Tom Paul, stated that since The Boulevards has opened no need for additional parking has been observed. He noted that even with the variance there appears to be suf- ~ient parking. He is requesting that the Council consider rescinding the require- ~nt for covered parking thereby allowing the money held in the escrow account to ~e released. The City Manager noted.that the City has no authority over the release of the escrow money. Paul advised the Council that the MHFA had stated the escrow would be released if the parking ~ovenant were rescinded. Mayor Nawrocki expressed concern with releasing the parking requirement because the future use of the faci- lity may require additional parking. Paul observed that if the use of the building changed from elderly housing to multiple family the Council would review the changed use and require additional parking. The City Attorney advised that this statement is not accurate and that the certificate of occupancy transfers with ownership. He !d the Mayor's concern is valid and that because of the ~oning a change from elderly sing to multiple housing would be permissable. Paul said that the mortgage agre- ement with MHFA was locked into the facility being used for the elderly. Council- member Paulson feels that the market will dictate that the facility will remain senior citizen housing and is supportive of rescinding the agreement. He also felt if the use of the building were changed to multiple family that the parking require- ments would be solved by the increase population in the building. The Mayor referred to a similar area of town where multiple housing was constructed and a parking prob- lem has continued to exist because proper space for parking was not allowed. ~ The City Manager suggested that the Council make a formal request to the MHFA to remove the requirement of the excrow account. Paul advised the Council he had al- ready discussed this proposal with the MHFA and was told that if the covenant with the City stays so does the escrow account. Paul suggested that perhaps a Memorandum of Understanding could be considered between the City and Crest View addressing the parking requirements. He noted that parking for The Boulevards was more than any other senior housing facility in the City was required to provide. Motion by Paulson, second by Peterson to rescind the Development Agreement dated January 1, 1984 between Crest View Lutheran Home and the City of Columbia Heights. A lengthy discussion followed regarding the potential uses of this facility if it were changed from elderly housing to another allo~able use. Mayor Nawrocki also noted that The Boulevards is phase 1 of a two-phase project. The.motion was withdrawn. The City Attorney noted that the MHFA with respect to the other senior housing had no objection to the agreement if the mortgage in possession either through foreclosure would be excluded from the development agreement. If the Council were to agree to that rovision Crest View would get its money back. The agreement would be binding on est View and its successors in title. It would no longer be binding in a case of a foreclosure by the mortgage company or successors that come as a result of that fore- closure. The City Attorney noted that this type of alternative had been acceptable to the MHFA in the past. Regul°ar Council Meeting June 23, 1986 page 7 '~otion by Petkoff, second by Paulson to authorize exploration of suggestions made by the City Attorney and that the findings of these explorations be brought back to the next regular Council meeting. Roll call: All ayes 5. central Avenue Mobil Request for Signage Motion by Peterson, second by Carlson to authorize the additional signs and flags at the Central Avenue Mobil in conjunction with a five day promotion starting June 28th between the hours of 6:00 a.m. and 12:00 a.m.. Roll call: All ayes 6. Proposal to Purchase City-owned Parcels on 38th Avenue The City Manager recommended rejection of this proposal as this area is being studied in regards to whether or not a tax increment project would be feasible. Motion by Peterson, second by Petkoff to reject the proposal submitted by Mr. Rick Lange and Mr. Stephen Kotosky for the purchase of property at 568, 570, 572, and 578 38th Avenue. Roll call: All ayes 7. Transfer of 1985 Community Development Block Grant Monies Motion by Petkoff, second by Peterson to authorize the transfer of the 1985 C.D.B.G. funding from the ALANO project to the Murzyn Halt Renovation Project; and, further- more, that the Columbia Heights Housing and Redevelopment Authority be authorized to proceed with the necessary documents to facilitate this t~ansfer. Roll call: All ayes 8. Authorization to Proceed with Boiler Repair at John P. Murzyn Hall Motion by Peterson, second by Carlson to authorize the repair of the boiler at John P. Murzyn Hall at a cost not to exceed $2,100; and, furthermore, that the Mayor and ity Manager be authorized to execute an agreement with Moorhead Machinery and Beiler ompany of Minneapolis, Minnesota for same. Mayor Nawrocki inquired if competitive bids were sought for this project and was ad- vised that they were not. Roll call: Paulson, Petkoff, Carlson, Peterson - aye Nawrocki - nay 9. Authorization of Change Order G-11 for John P. Murzyn Hall Addition and Renovation The Director of Public Works is recommending approval of this change order as it is needed. However, he made the recommendation with reservations because of the tardiness and the procedure used in issuing the order. Motion by Petkoff to reject the request to authorize Change Order G-11. Motion dies for lack of a second. Motion by Peterson, second by Paulson to authorize the Mayor and City Manager to execute Change Order G-11 in the additional amount of $1,315 to Antco Construction Company for reinforcing lintels at Murzyn Hall. Roll call: Paulson, Carlson, Peter- son - aye Petkoff, Nawrocki - nay 10. Participation with City of Fridley in Pedestrian Crosswalk Striping Project Motion by Peterson, second by Paulson to authorize the participation of the City of Columbia Heights in a pedestrian crosswalk striping project to be conducted jointly with the City of Fridley; and, furthermore, to authorize the reimbursement of up to $2,575 to the City of Fridley for installation of crosswalk striping at University Avenue from Central Avenue on 53rd Avenue and at Central Avenue and 52nd Avenue. Roll call: All ayes l l. Award of Bids a. Tree Replanting Program Motion by Carlson, second by Peterson to award the bid for tree replacement to Noble Nursery of Maple Grove, Minnesota, based upon low, formal unit prices as submitted Regular Council Meeting June 23, 1986 page 8 their proposal dated May 17, 1986, and that the City Council waived the informality ~of the date to complete from December 15th to November 15th; and, furthermore, that the Mayor and City Manager be authorized to execute an agreement for same. Roll call: All ayes b. Crackfilling Equipment Motion by Carlson, second by Peterson to award the bid for the purchase of crack- filling equipment to Cimline of Minneapolis, Minnesota, in a total amount of $25,264.25 based upon low, formal bid; and, furthermore, that the Mayor and City Manager be authorized to issue a purchase order for same. Roll call: All ayes 12. Authorization to Seek Bids - Painting of Exterior of Elevated Water Tank Motion by Peterson, second by Petkoff to authorize the City Manager to seek bids for the painting of the exterior of the elevated water tank. Councilmember Peterson inquired if the bid specifications included the painting of the name of the City on the water tank. The City Manager advised this was not included as it had been dis- cussed by a previous Council. Based on the information supplied by a former Council- member it was decided it would be ill-advised to paint the n~me of the City on the tank. The City Manager recalled there was a health concern expressed by the former Councilmember but did not recall the source of this information. Councilmember Peterson requested this matter be pursued and withdrew his motion as did the seconder. ~tion by Peterson, second by Carlson to authorize the City Manager to seek bids ~r the painting of the exterior of the elevated water tank with two alternatives, one with the City's name painted on it and the other without. Roll call: All ayes Closing of Jefferson Street During Jamboree .tion by Carlson, second by Peterson to authorize the closing of Jefferson Street, 39th Avenue to 40th Avenue, from 12:01 a.m., June 25th, to 12:00 Midnight, June 29th in conjunction with the operation of the carnival for the 1986 Jamboree. Roll call: All ayes ,14. Conferences/Schools/Seminars/Workshops a. Attendance of City Manager at International City Management Association Conference, September 26 - October 2, 1986. Motion by Carlson, second by Petkoff to authorize the attendance of the City Manager at the International City Management Association Annual Conference to be held in San Diego, California, September 26 - October 2, 1986; and furthermore, to reimburse related expenses. Roll call: Paulson, Petkoff, Carlson, Peterson - aye Nawrocki - nay b. Attendance of Police Chief at International Association of Chiefs of Police Con- ference, October 5 - 9, 1986 Motion by Carlson, second by Paulson to authorize the attendance of the Police Chief ~t the International Association of Chiefs of Police Conference to be held in Nash- ville, Tennessee, October 5 - 9, 1986; and furthermore, to be reimbursed related expenses. Roll call: Ail ayes 15. Employee Assistance Program - Contract Renewal Motion by Petkoff, second by Peterson to authorize the Mayor and City Manager to enter into an agreement with Metropolitan Clinic of Counseling to provide diagnostic and re- e]rral services to employees of the City of Columbia Heights, their dependents and usehold members for the contract period of June 1, 1986 - May 31, 1987, with such base retainer fee to be $727.50 or $7.50 per employee, with maximum fee not to exceed $1,455. Roll call: All ayes Re~ula'r Council Meeting June 23, 1986 page 9 Single Event Beer License - Columbia Heights Lions Club e Lions Club has been requested to sponsor a softball tournament on July 19th and 20th by the Columbia Heights Hockey Backers. In addition, the Lions Club is seeking a single event beer license for this event. .... ~..~ L ~lson, second by Peterson to authorize the issuance of a single event beer license to the Columbia Heights Lions Club for July 19 - 20, 1986, in conjunction with a softball tournament being conducted at Huset Park and that the fee for same be waived. Roll call: All ayes 17. Jaycees Liquor Liability Insurance The Council received a copy of the Columbia Heights Jaycees Liquor Liability Insur- ance. Attached to the copy was a letter from the City Attorney in which he noted there are still a number of questions unanswered regarding that part of the insur- ance coverage which addresses special events or unscheduled events. Mayor Nawrocki felt the members of the Jaycees should understand what is contained in their policy. 18. Authorization to Repair Library Air Conditioner Two informal bids were received for this work. Motion by Carlson, second by Petko~f to authorize the City Manager to repair the air conditioning at the Library based on low, informal quotation from Faircon at the cost of $1,942, and that the Mayor and City Manager be authorized to enter an agreement for same. Roll call: All ayes This item will be paid for out of the 1120 account. 8. Reports Report of the City Manager The City Manager's report was submitted in written form and the following items were discussed: 1. Jefferson Street at 40th Avenue: The City crews excavated and filled a sinkhole in this area and plan on looking at the line with a television device to see if there are any breaks in the sanitary sewer. 2. Murzyn Hall Construction Meeting: On dune 23rd a construction meeting was held regarding Murzyn Hall renovation. The Building Inspector attended this meeting and the Council received a detailed report regarding what was discussed. 3. Status Report Regarding Purchases from Computo Service, Inc.: At this point in time negotiations are continuing and a contract agreement has not been finalized. Mayor Nawrocki requested to be informed what exact prices for data processing soft- ware and hardware will be paid. 4. Parking on Johnson Street During Construction: The resident at 3715 Johnson Street had inquired about her patrons parking in front of her house during the construction. It was felt that they would be able to continue to park there most of the time. b. Report of the City Attorney The City Attorney gave the Council a status report regarding insurance coverage on lpossible claim pertaining to rezoning. he City Attorney also advised the Council as'to the status of a license issued by the ity. Re~ul'a~ Council Meeting June 23, 1986 page 10 a in Park Bandshell Conceit Huset thew Whaley had requested permission for his band to give a concert during the Jamboree. Motion by Petkoff, second by Peterson to approve the performance by Matthew Whaley ~d his band in the Huset Park bandshell on Thursday, June 26, 1986 from 8:30 p.m. to 10:O0 p.m. and that any requirements the City has for insurance be met. Roll call: All ayes 9. Licenses Motion by Peterson, second by Petkoff to approve the licenses as listed upon payment of proper fees and that the fees for the Immaculate Conception Church Fun Fest be waived. Roll call: All ayes 10. Payment of Bills Motion by Carlson, second by Peterson to pay the bills as listed out of proper funds. Roll call: All ayes ,Jncil Work Session City Council work session was scheduled for 7:30 p.m. on Monday, June 3Oth in · 'e Council Chambers in City Hall. Adjournment Motion by Carlson, second by Peterson to adjourn the meeting at 1:15 a.m.. Roll call: A11 ayes Ma~"b~ ~ruce G. Nawrocki J[~ne Student, Council Secretary