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HomeMy WebLinkAboutAugust 12, 1991OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 12, 1991 The meeting was called to order by Mayor Carlson at 7500 p.m.. 1. ROLL CALL Nawrocki, Clerkin, Ruettimann, Peterson, Carlson - present 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA The following items were on the consent agenda: Minutes for ADDroval The Council approved the minutes of the Regular Council Meeting of July 22, 1991 and the Public Improvement Hearing of August 5, 1991 as presented and there were no corrections. Special Purpose Fence - John Dietsch, 4332 Seventh Street The Council granted permission to John Dietsch to erect a 7' high special purpose privacy fence on the north side of the property located at 4332 Seventh Street after the corrections have been made with regard to drainage and encroachment. Request by 500 club to Hold Sixth Annual Kielbasa Days The Council approved the request submitted by Frank Pastuszak, owner of the 500 Club, to conduct the Sixth Annual Kielbasa Days at 500 40th Avenue N.E., outdoors in the rear parking lot on September 6 - 8, 1991, between the hours of 3:00 and Wrecked Squad Car The Council authorized the Mayor and City Manager to enter into a sale of the damaged police vehicle to Northern Auto Parts for $1,100. Attendance at Conference The Council authorized the attendance of Mark Casey, Director of Recreation, at the National Recreation and Parks Conference on October 17-21, 1991, in Baltimore, Maryland, and that related expenses be reimbursed from the Recreation Department Fund. Attendance at Conference The Council authorized the attendance of Linda Magee, Assistant to the City Manager, at the NATOA Conference to be held in Anaheim, California from September 20-23, 1991, and that related expenses be reimbursed. REGULAR COUNCIL MEETING AUGUST 12, 1991 PAGE 2 Approval of License Applications The Council approved the license applications as listed upon payment of proper fees. Payment of Bills The Council approved the payment of bills as listed out of proper funds. APPROVAL OF CONSENT AGENDA Motion by Nawrocki, second by Peterson to approve the consent agenda as presented. Roll call: all ayes OPEN MIKE/PROCLAMATIONS/PRESENTATIONS There was no one present for Open Mike. Breen Proclamation Mayor Carlson read a proclamation designating August 17, 1991 as Elizabeth Netkow Breen Day in Columbia Heights. He presented the proclamation to Betty Breen and congratulated her on her Diamond Birthday. Mayor Carlson felt the crews in the Public Works Department who had worked on the parking lot across the street from City Hall should be commended. The parking lot looks "terrific." PUBLIC HEARINGS/ORDINANCES/RESOLUTIONS a. Second Reading of Ordinance No. 1227; Being an Ordinance Amending Ordinance No. 853, City Code of 1977, as amended, pertaining to Water, Sanitary Sewer and Storm Sewer Services and Connections The City Manager advised that this ordinance will place all of the utility ordinances in one section of the City Code· Councilmember Nawrocki questioned the wisdom of some of the time limitations referred to in the ordinance, specifically a twenty-four time limit which did not allow for weekends nor holidays. The City Manager responded that it was his understanding from the discussion at a recent work session that the Council wished to have staff discretion employed when enforcing this ordinance. Councilmember Ruettimann noted that the time frames in the ordinance were shortened to avoid an extended period of time when water could be left running which could be quite costly. REGULAR COUNCIL MEETING AUGUST 12, 1991 PAGE 3 Councilmember Nawrocki suggested that the second reading of the ordinance be held and the vote be taken after the ordinance had been discussed at an upcoming Council work session. Motion by Nawrocki, second by Ruettimann to table Ordinance No. 1227 for further consideration. Roll call: ail ayes b. Second Reading of Ordinance No. 1224; Being an Ordinance Amending Ordinance No. 853, City Code of 1977, as amended, pertaining to the Repeal of Municipal Services, Utilities, Water and Sewer Connections. Motion by Nawrocki, second by Clerkin to table the second reading of Ordinance No. 1224. Roll call: all ayes c. First Reading of Ordinance No. 1231; Being an Ordinance Amending Ordinance No. 1181; Amending Ordinance No. 853, City Code of 1977, Pertaining to Solid Waste This ordinance was removed from the agenda. d. First Reading of Ordinance No. 1230; Being an Ordinance Amending Chapter 3, Article III, Section 1, of the City Code of the City of Columbia Heights and Repealing Chapter 3, Article III, Section 11 of the City Code Pertaining to Appointed Commissions and Boards This ordinance eliminates the Recreation Commission and amends the present Park Board ordinance to expand its authority under the title of Park and Recreation Commission. The City Manager stated that copies of this ordinance have been reviewed by the Council, the Park Board and staff and that no feedback was received. Counctlmember Nawrocki felt the ordinance should receive its first reading but be discussed at a Council work session before the second reading. Councilmember Ruettimann advised that this ordinance had been discussed at which time he had recommended that two Councilmembers serve on it in light of its large budget. Motion by Nawrocki, second by Ruettimann to waive the reading of Ordinance No. 1230 there being ample copies available for the public. Roll call: All ayes REGULAR COUNCIL MEETING AUGUST 12, 1991 PAGE 4 ORDINANCE NO. 1230 BEING AN ORDINANCE REPEALING CHAPTER 3, ARTICLE III, SECTION 1, OF THE CITY CODE OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO APPOINTED COMMISSIONS AND BOARDS The City of Columbia Helohts does ordain: Section Chapter 3, Article III, Section i of the City Code of the City of Columbia Heights which currently reads as follows, to wit: CHAPTER 3 ADMINISTRATIVE CODE ARTICLE III APPOINTED COMMISSIONS SECTION i PARK BOARD 3.301(1) 3.301(2) 3.301(3) The Park Board is hereby established to supervise and control the use of public park lands in the City, including parks, parkways, playgrounds; recreation fields and buildings; lakes, streams, and beaches therein; and all public service facilities related thereto. The Board shall also recommend improvements for such parks as may be necessary and desirable, and shall have the authority to make reasonable administrative rules and regulations governing public use of park lands, but shall at all times be subject to the direction and authority of the Council. The Park Board shall be composed of six members from among the residents of the City. Each member shall serve a term of five years. One such member shall be a Councilman, who shall serve at the will of the Council. The Park Board shall have the power to make expenditures from funds so authorized and budgeted by the Council and approved by the Manager~ provided, however, that no single expenditure of an amount in excess of Five Hundred Dollars shall be made without the specific authorization of the Council, and expenditures of amounts in excess of One Thousand Dollars shall be made in the manner prescribed by the Charter. (a) All monies received by the Park Board or its representatives in the course of administering any properties or programs under its Jurisdiction shall be turned over to the Treasurer at intervals of not REGULAR COUNCIL MEETING AUGUST 12, 1991 PAGE 5 3.301(4) greater than once each week for placement in a Park Fund. No monies placed in said Park Fund shall be transferred to any other fund unless authorized by a Resolution of the Council and passed by.four- fifths (4/5) vote of said Council. (b) The Park Board shall keep such books and records of account as are necessary for a proper recording of its financial activities as determined by the Manager. At the end of each fiscal year, the Board shall cause an audit of its accounts and records to be made and submit a report thereon to the Council. During the month of July of each year, the Board shall submit to the Council at a regular meeting thereof a proposed budget showing its estimated financial requirements for the ensuing fiscal year. (c) Expenditures may be made for the purpose of making improvements on park lands, such as planting trees, shrubs and flowers, and ornamenting or protecting the same; administering park programs for the citizens of the City; or in any other manner authorized and allowed under this section and the Charter. (d) All claims and all bills incurred by the Board shall be presented to the Council for payment and paid in the same manner as other claims against the City are paid. The Park Board may authorize the issuance of permits for otherwise prohibited activities to allow the holders thereof to: (a) remain in the parks or on the parkways, lakes or waterways during otherwise prohibited hours; (b) post notices; (c) park vehicles in otherwise unauthorized areas; (d) aquaplane or water ski in otherwise prohibited (e) distribute circulars or cards; (f) sell refreshments or other articles; REGULAR COUNCIL MEETING AUGUST 12, 1991 PAGE 6 (~) bring a dog into the park for the purpose of conducting dog shows or exhibitions held under the direction of the Board~ (h) conduct shows of entertainment or exhibitions; conduct public meetings or public speeches upon a showing to the Board that the health and safety of those in attendance will be properly safeguarded; and have fires on the ice of any lake under the jurisdiction of the Board upon showing of compliance with regulations established by the Board for the safety of said heaters. 3.301(5) The Park Board shall have the authority to revoke for good cause, any permit issued either by the Park Board or the Park Superintendent, but (except upon conviction by the Court) the person whose permit is subject to be revoked, shall have at least five days' notice thereof in writing and an opportunity to appear before the Park Board or a committee thereof, to show cause why this permit should not be revoked. is herewith amended to read as follows: CHAPTER 3 ARTICLE III SECTION 1 ADMINISTRATIVE CODE APPOINTED COMMISSIONS AND BOARDS PARK AND RECREATION COMMISSION 3.301(1) The Park and Recreation Commission is hereby established to supervise and control the use of public park lands, recreation, and senior citizen programs in the City, including parks, parkways, playgrounds~ recreation fields and buildings; lakes, streams, and beaches therein; and all public service facilities related thereto. The Commission shall also recommend improvements for such parks as may be necessary and desirable, and shall have the authority to make reasonable administrative rules and regulations, including sett1ng fees, governing public use of park lands and buildings, but shall at all times be subject to the direction and authority of the Council. All recreation programs shall be in accordance with the policies approved by the City Council. REGULAR COUNCIL MEETING AUGUST 12, 1991 PAGE ? 3.301(2) 3.301(3) The Commission shall have broad programming latitude In the implementation of those policies, including programming ideas, development, and functions. The Commission shall conduct and supervise recreation services and programs for public recreation in its broadest sense, including playgrounds, parks, playfields, swtmmtng pools, beaches, camps, indoor recreation centers, and any and all other recreation activities. The Park and Recreation Commission shall be composed of seven members from among the residents of the City. Five members shall serve a term of five years. Of the two other members, at least one shall be a City Councilmember and both shall serve at the will of the Council. The Park and Recreation Commission shall have the power to make expenditures from funds so authorized and budgeted by the Council and approved by the City Manager; provided, however, that no single expenditure shall be made in an amount in excess of Seven Hundred and Fifty Dollars. (a) A11 monies received by the Park and Recreation Commission or its representatives in the course of administering any properties or programs under its jurisdiction shall be turned over to the Treasurer at intervals of not greater than once each week for placement in the appropriate fund. No monies placed in said fund shall be transferred to any other fund unless authorized by a Resolution of the Council and passed by four-fifths (4/5) vote of said Council. (b) The Park and Recreation Commission shall keep such books and records of accounts as are necessary for a proper recording of its financial activities as determined by the Manager. At a time prescribed by the Manager, the Commission shall submlt to the Council a proposed budget showing its estimated financial requirements for the ensuing fiscal year. (c) Expenditures may be made for the purpose of making Improvements on park lands, such as plantlng trees, shrubs and flowers, and ornamenting or protecting the same~ administering park and recreation programs for the citizens of the City; or in any other manner authorized and allowed under this section and the Charter. REGULAR COUNCIL MEETING AUGUST 12, 1991 PAGE 8 3.301(4) 3.301(5) (d) All claims end all bills incurred by the Commission shall be presented to the Council for payment and paid in the same manner as other claims &qainst the City are paid. The Park and Recreation Commission may authorize the issuance of permits for otherwise prohibited activities to allow the holders thereof to: (a) Remain in the parks or on the parkways, lakes or waterways during otherwise prohibited hours; (b) Post notices; (c) Park vehicles in otherwise unauthorized areas; (d) Aquaplane or water ski in otherwise prohibited areas; (e) Distribute circulars or cards; (f) Sell refreshments or other articles; (g) Bring a dog into the park for the purpose of conducting dog shows or exhibitions held under the direction of the Commission; (h) Conduct shows of entertainment or exhibitions; (i) Conduct public meetings or public speeches upon a showing to the Commission that the health and safety of those in attendance will be properly safeguarded; and Have fires on the ice of any lake under the Jurisdiction of the Commission upon showing of compliance with re~ulations established by the Commission for the safety of said heaters. The Park and Recreation Commission shall have the authority to revoke for ~ood cause, any permit issued either by the Commission or the designated City employee, but (except upon conviction by Court} the person whose permit is subject to be revoked shall have at least five days' notice thereof in writing and the opportunity to appear before the Commission, or a committee thereof, to show cause why this permit should not be revoked. REGULAR COUNCIL MEETING AUGUST 12, 1991 PAGE 9 3.301(6) 3.301(7) Sec 2: The Commission and the Recreation Director shall have authority to suspend any coach, referee or other person when it is for the good of the recreation program. Such suspension may be appealed to the full commission if requested in writing within five days to the City Manager. If not appealed within five days, the suspension shall stand. If appealed, the Commission shall meet to let the suspended individual be heard. Thereafter, the Commission shall make a finding, such finding is final. The Commission is empowered and authorized to solicit and receive gifts, bequests, or endowments of money or property as donations or grants from persons, firms or corporations including governmental agencies and to administer the funds for public park and recreation purposes subject to City Charter and City policy. Chapter 3, Article III, Section 11 of the City Code of the of the City of Columbia Heights is hereby repealed. Sec 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: August 12, 1991 Motion by Ruettimann, second by Peterson to schedule the second reading of Ordinance No. 1230 for August 26, 1991. Roll call: All ayes Motion by Ruettimann, second by Clerkin that the City Manager be requested to place agenda items, 6 a,b,c, and d as priority items for discussion at the next Council work session. Roll call: All ayes 7. COMMUNICATIONS Planning and Zoning Commission The minutes of the August 6, 1991 Planning and Zoning Commission meeting were in the agenda packet for Council review and the following item was on the Council agenda: Conditional Use Permit - Crestview Lutheran Home, 1515 44th Avenue This conditional use permit is being requested to allow for the operation of a Montessort School/Daycare facility tn the lower level of 1515 44th Avenue, Royce Place. REGULAR COUNCIL MEETING AUGUST 12, 1991 PAGE 10 Councilmember Nawrocki expressed concerns with the required parking spaces, noting that the contract with Crestviewdid not refer to this school. The City Attorney noted that the parking requirements referred to in the agreement refers to square footage not the use of the building. Motion by Clerkin, second by Ruettimann to approve the conditional use permit for Little Voyaguers Daycare located at 1515 44th Avenue N.E. Roll calls all ayes Sign Setback Variance - Denny's Manning) 5025 Central Avenue N.E. Restaurant (Ralph This variance is being requested as Mr. Manning feels there is virtually no exposure to a sign for traffic coming from the north on Central Avenue. Councilmember Ruettimann felt that the sign for Denny's was unusual enough so that it would be visible if placed in the same location as the one presently there which advertised the Sizzler Restaurant. Councilmember Nawrocki felt approval of this request would be an unnecessary encroachment on the sign ordinance and he did not see any hardship in the present location. Councilmember Peterson advised that the Planning and Zoning Commission did deny the height variance request and noted that occupany does depend on the variance for the location of the sign being granted. Motion by Clerkin, second by Peterson to grant approval of a 15' setback variance to allow the erection of a freestanding sign at the extreme southwest corner of 5025 Central Avenue N.E. Roll call: Clerkin, Carlson, Peterson - aye Nawrocki, Ruettimann - nay 8. OLD BUSINESS Variance for Construction of Fiber Optic Inteconnect Mayor Carlson noted he has discussed this matter with some members of the Cable Commission and his concerns have been responded to. Councilmember Ruettimann said this variance request had been tabled for only one member of the Cable Commission's consideration. He apologized to the other members of the Commission. REGULAR COUNCIL MEETING AUGUST 12, 1991 PAGE 11 Motion by Ruettimann, second by Peterson to approve the variance allowing Cable TV North Central to install the fiber optic cable aerially in the following locations: 1. 49th Avenue, between the first pole east of Tyler and the first pole west of Tyler 2. The rear easement of Fairway Drive, between Chatham and 49th Avenue 3. Chatham, between Fairway Drive and 45th Avenue 4. 45th Avenue/County Road E, from Chatham to Stinson Boulevard based on the reconanendations and findings of the Cable Commission that: Application of the literal provisions of the franchise will result in a hardship to the applicant and to grant a variance would not be detrimental to other affected parties· Due to expense or delay, it would be unreasonable to perfect such change by ordinance amendment. Undue delay, expense or other adverse results will not occur by approval of the required ordinance. If a variance is because of technical or cost reasons, the variance will result in equal or better technical standards or cost efficiency. Roll call: All ayes Purchase of Election Voting Booths The City Manager explained the advantages of these booths over those which have been used for many years. Motion by Peterson, second by Nawrocki to authorize the Mayor and City Manager to enter into an agreement with Business Records Corporation for the purchase of 60 election booths at a cost of $10,500 plus freight (approximately $300-$400). Roll calls all ayes Hook ups for these booths will be verified by the Fire Chief before the purchase is made. 9. NEW BUSINESS Authorization to Purchase New Cash Register System for the Liquor Operation The Finance Director advised that this item had been in the 1990 budget and it in the 1991 budget. He noted that there is no automated cash register system in the Heights Liquor Store only at Top Valu. REGULAR COUNCIL MEETING AUGUST 12, 1991 PAGE 12 Councilmember Nawrocki inquired what the anticipated life of this system might be and the annual maintenance costs· The Liquor Operations Manager responded that the seven years the present system has been in place was quite good. He noted that he had opted to not go with a maintenance contract since the experience with the present system was far less expensive-than a maintenance contract would have been..With the aid of a technician via the phone most of the problems experienced had been repairable by employees. Motion by Clerkin, second by Peterson to authorize the Mayor and City Manager to enter into an agreement with Retail Data Systems for the purchase and installation of a cash register system in the liquor operation based on Iow proposal at a cost of $54,896. Roll call: all ayes Animal Control Contract Motion by Nawrocki, second by Peterson to authorize the Mayor and City Manager to enter into a contract for animal control services with the Greater Anoka County Humane Society for the period of August 1, 1991, through August 1, 1992, at the rates proposed in their letter aNd contract sent to the City on July l, 1991. Roll call; All ayes Obtaining Surveying Services Motion by Nawrocki, second by Clerkin to authorize entering into an agreement with Pioneer Engineering to perform surveying services at the rate of $75.00 per hour not to exceed $13,200; and furthermore, to authorize the Mayor and City Manager to enter into an agrement for the same; and that the staff be authorized to secure other prices for said services that may be compatible with our equipment. Roll call: all ayes Purchase of Playground Equipment at McKenna park Motion b~ Ruettimann, second by Peterson to authorize the purchase of replacement playground equipment for McKenna Park from Bob Kiln, Associates as submitted on their proposal dated June 4, 1991, in an amount of based upon a recommendation from the Park Board~ and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: all ayes REGULAR COUNCIL MEETING AUGUST 12, 1991 PAGE 13 Final Payment and Acceptance of Municipal Projects #9017 and #9024 Project #9017 is for the Silver Lake boat landing and Project #9024 is 38th Place construction. Motion by Clerkin, second by Ruettlmann to authorize final payment of $5,913.34 for Municipal Projects #9017 and #9024 to Midwest Asphalt Corporation and acceptance of the work for both projects. Roll call: All ayes Engineering Award for Pump Stations and Lift Stations - Projects #9119 and #9120 Motion by Nawrocki, second by Peterson to authorize the hiring of Maier Stewart & Associates to perform engineering services for Municipal Projects #9119 and #9120, for an amount not to exceed $11,550; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: all ayes Six Cities Watershed Management Organization - 1992 Budget Motion by Nawrocki, second by Peterson to appove the 1992 budget of $10,000 for the Six Cities Watershed Management Organization. Roll call: All ayes h. Old Fashioned Skating Rink in Huset Park Proposal The City Manager gave the estimated costs for the block, the tie backs and the delivery for the retaining wall for the proposed skating rink at Huset Park. It was noted that there were some funds for this project in the Park budget and funding has been in the Capital Improvement Program for Huset Park for three years. Councilmember Ruettimann advised that there will be volunteer help available from the Lions Club and from the Athletic Boosters. This volunteer labor could save about $7,000 to $8,000 and he felt the project could be completed this year rather than waiting two or three years longer. Councilmember Nawrocki commended Councilmember Ruettimann on his efforts on behalf of this project. He inquired if the neighbors to the Park had been advised of the specifics of this project. REGULAR COUNCIL MEETING AUGUST 12, 1991 PAGE 14 Councilmember Ruettimann responded that a letter requesting the neighbors to volunteer for the project will be going out. Me noted that they had previously requested a free skating style rink. He observed that this is a regional park and some of the neighbors may have objections and some may not. Councilmember Nawrocki felt an informal meeting of the neighbors should be held to outline the project. Motion by Clerkln, second by Peterson to authorize up to $4,500 be expended on the project. Roll call= All ayes Property at 3807 Central Avenue Councllmember Nawrockt noted that the house at 3807 Central Avenue has long been used for commercial purposes. Presently, the property Is unoccupied. He noted that the owner is having problems renting the house for a commercial use. The owner would like to rent it as a residence but it would need to be rezoned. Councilmember Nawrocki inquired if there is a possibility of a temporary revision of the zoning. The City Attorney will research this issue. Council Booth at Bootstrap Days The possibility of having a booth at Bootstrap Days for the City Council was discussed. The majority of the Councllmembers felt this would be desirable. 10. REPORTS a. Report of the city Manaaer The City Manager's report was submitted in written form and these additional items were discussed= 1. Required Parking Surfaces= The owner of four double bungalows adjacent to 44th Avenue has requested the Council to consider allowing him to pay for having an asphalt surface put on the alley abutting his properties· The alley presently has a gravel eurface. He is considering putting asphalt on the surface of the parking spaces for his bungalows· Councilmember Peterson inquired if this would exempt this property owner from any assessments if there were improvements done on the alley in the future· It was REGULAR COUNCIL MEETING AUGUST 12, 1991 PAGE 15 noted that if this portion of the alley were surfaced it would be done meeting City standards and subject to the Engineer's approval of the design. Some grading by the City crews may need to be done. Councilmember Ruettlmann suggested that other property owners on the alley be notified of this potential project and we may find they may want to participate in surfacing of the alley. The Public Works Director observed that many of the properties do not have driveways on the alley and enter their properties from the street. 2. Council Work Sessions: Council work sessions were scheduled for August 19, 20, and 21. 3. Driveway Turn Around at Parkview Villa: The H.R.A. has an easement on the back driveway which serves the building. The Public Works Director suggested that this driveway be brought in from the North to the building. Councilmember Nawrocki stated that the H.R.A. is meeting on August 13th and he will bring this information and alternative to the meeting for consideration. 4. Reviewal of Tabled Ordinances: The City Manager suggested that the ordinances tabled at this meeting could be discussed following adjournment. b. Report of the City Attorney The City Attorney had nothing to report at this time. ADJOURNMENT Motion by Nawrocki, second by Peterson to adjourn the meeting at 9:45 p.m.. Roll call: All ayes MaYor EdWard' M. Carlson /~o-A~ne S~d~n~, Council Secretary