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HomeMy WebLinkAboutJuly 8, 1991OFFICIAL PROCEEDINGS COLUMBIa HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING JULY 8, 1991 Hayor Carlson called the meetin9 to order at 7:00 p.m. I. ROLL CALL Nawrocki, CIerkin, Ruettimann, Peter&on, Carlson - preeent PLEDGE OF ALLEGIANCE CONSENT aGENDA The following items were on the consent agenda: Minutes for Approval The Council approved the minutes of the Continued Public Hearing 'of June 24th and the Regular Council Meetin9 of June 24, 1991 as presented and there were no corrections. Resolution No. 91-39; Being a Resolution Orderin~..fmprovsments (Alley from 4th - 5th Street; Between ~2nd and 5~r~ Avenues) The reading of the remoiution was waived there being ample copies available for the public. RESOLUTION NO. 91-39 BEING A RESOLUTION ORDERING IMPROVEMENTS Rpmolution No. 91-39; Beinq a Resolution Orderinq Improvements (Alley from 4th - 5th Street; Between 52nd and 53rd Avenues) BE IT HEREBY RESOLVED by the City of Columbia Heights on the 25th day of March, 199~ ordered notice o£ a hearing to be 9ivan to property owners, and WHEREAS, pursuant to a notice of hearin9 certain residents appeared at s Council Meetin9 on the 2~th day of ~a¥ ~99i, end on the 24th day of June 1991, and WHEREAS, the Council determines to procured with this local improvement, a portion of the cost being de£reyed-by ~pecial assessments under Charter provisions. NOW, THEREFORE, IT IS HEREBY RESOLVED: That the location and extent to such improvement ia as alley sealcoat with ma3or maintenance, from 4th Street N.E. to 5th Street N.E. between 52nd avenue N.E. and 53rd Avenue N.E. REGULAR COUNCIL MEETING JULY 8, 1991 PAGE 2 The proposed alley work would lnclude milling the center where required, bituminous surface as needed, and ~eal¢oet application. 2. That the met.rials to be used are as £ollows: Bituminous, asphalt emulsion and mealcoet aggregate. That e careful eat/mate of the cost of the improvements parcels of land fronting upon and ad]scent to such proposed improvements which be deemed benefitted thereby, That the City Manager shall also list the names and owners ascertained. for the improvements, or portions of the improvements es stated herein. These improvements shall also be known es P.I.R. #878 - Pro]act 911~. Passed this 8th day of July, I991. Offered by: Seconded by: Roll call: Nawrocki Ruettimenn Ail eyes Mayor Edward M. Carlson Jo-Anne Student, Council Seer.tarF Variance - Gardner, 1001 Peters P!ac9 The Council approved the variance of six feet to allow construct/on of a 22' x 24' detached garage with the doors facing the side street at I001 Peters Pl~oe. REGULAR COUNCIL MEETING JULY 8, 1991 PAGE 3 Park Board - Conaumption of Beer at ~ullivan Lake Park The Council authorized the Aid Association for Lutheran Branch 2244, to consume 3.2 beer at Sullivan LaRe Park in consunction with their picnic on Tuesday, July 23rd,at 6:00 p.m. based upon a recommendation by the Perk Board. The Council author/zed Medtronic Neurological D/vision to coneume 3.2 beer at ~ullivan Lake Park in con]unction with their picnic from 1:00 p.m. to 5:00 p.m. on Friday, august 9th, from 1:00 p.m. to 5:00 p.m. baaed upon a recommendation of the Perk Board. Request to Excavate in ~treet Less Than Five Years Old The Council authorized Minnega~co to lnetall an anode in 41st Avenue at Cleveland ~treet in accordance with the mtreet excavation. Final Payment and Acceptance of Municipal Prosect #9005 Municipal Project #9005 is for the installation of playground equipment at LaBelle Park and Gircle Terrace playground. The Council accepted the work for Municipal Prosect #9005 and authorized final payment of ~1,550.62 to V/king Fence and Construction Company of Golden Valley, Minna~ota. seek proposal~ £or a character 9enerator for Channel ~. 6pproval of Licenme Applications The Council approved the licenee applications as listed upon payment of proper £eee. The Council approved payment of the bills as liated out o~ proper fundm. 4. APPROVAL OF CONSENT AGENDA ~otion by Nawrocki, second by Ruetttmann to approve the REGULAR COUNCIL MEETING JULY 8, 1991 PAGE 4 OPEN MIKE/PROCLAMATIONS Mayor Carlson read a proclamation recognizin9 the 40th Anniversary of the Christopher Toastmasters Club. He presented the proclamation to members of the Club. Keith Roberts, who lives at 1137 44 1/2 Avenue, stated some of his concerns with activity in his neighborhood which he feels is detrimental to the area. He not~ that some o~ the undesirable behavior is d/splayed by domestic abuse, truant children end general lack of consideration for the welfare of children end others. He had spoken to a member of the stmff who has suggested the issue of a "zero lot line" could be beneficial in this area. The City Manager advised that the "zero lot line" immue was to be an agenda item for an upcoming Council work session. Councilmember Nawrocki suggested the neighborhood participate in the Crime Watch Program. Mr. Roberts noted that there had been some improvement since the Housing Maimtenanca Code had been put into place and is being enforced. He was advised the Council will be considering his concerns. 6. PUBLIC HEARINGS/ORDINANCES/RESOLUTIONS a. Second Reading of Ordinance No. 1222; Establishin9 Definitions and Establishing Minimum Floor Areas for SpIit Entry Designs Containing Three Bedrooms or Less in "R-2" Districts Motion by Ruettimann, second by Paterson to waive, the reading of the ordinance there being ample copies available for the public. Roi1 cell: All eyes ORDINANCE NO. 1222 BEING AN ORDINANCE AMENDING ORDINANCE NO. ~53, ~ITY CODE OF 2977, ESTABLISHING DEFINITIONS AND ESTABLISHING MINIMUM FLOOR AREAS FOR SPLIT ENTRY DESIGNS CONTAINING THREE BEDROOMS OR LESS ~N "R-2' DISTRICTS The City of Columbia Heights does ordain: Section l: Section 9.i08($)(d) of Ordinance No. 853, City ~ode of 1977, which currently reads as follows, to wit: 9.I08(~)(d) Split level designs containing three bedrooms or less, 1,020 sguare feet or more plus I20 square feet for each additional bedroom. is herewith amended to reed as follow: REGULAR GOUNGIL MEETING JULY 8, 1991 PAGE 5 108(5)(d) Split level design containing three bedrooms or le~s, 1,020 square feet or more plus 120 square feet for each additional bedroom. Split level design shall be defined as any deeign wherein the entry way together with some living space is located above ~uch level and/or partially b~low such level. Sect/on 2: Section 9.108(5)(f) of Ordinance No. 8~3, City Code of 1977, passed June 21, 1977, which is currently reserved shall be amended to hereafter read as follows, to wit: 9.108(5)(f) Split entry design containin9 three bedroomsor less, 1.020 square feet plus 120 square feet for each additional bedroom, on the main floor. Split entry design shall be defined eL any demign where in the entry way is the only area located at such level and/or partially below such level. Section 3: This ordinance shall be in full force and First Reading: Second Reading: Date of Pamsege: June 24, 1991 July 8, 199I July 8, 1991 Offered by: Seconded by: Roll call: Ruettimenn Paterson All ayee Neyor Edward M. Carlson Jo-Anne Student, Council Secretary ORDINANCE NO. 1223 b. ~cond Reading of Ordinance No. 1223; Bain9 an Ordinance Amending Ordinance No. 853, City Code of 1977, E&tablishin9 Definitions and Establishing Minimum Floor Areas for Split Entry Designs Gontainin9 Three Bedrooms or Le~s in R-l" Districts REGULAR COUNCIL MEETING JULY 8, 1991 PAGE 6 ~otion by Ruettimann, ee=ond by Petereon to waive the reading of the ordinance there being ample copie& available for the public. ORDINANCE NO. 1223 BEING AN ORDINANCE AMENDING ORDINANCE NO. 8S3, CITY CODE OF L977, ESTABLISHING DEFINITIONS AND ESTABLISHING MINIMUM FLOOR AREAS FOR SPLIT ENTRY DESIGNS CONTAINING THREE BEDROOMS OR LESS IN "R-i" DISTRICTS The City of Columbia Heighte does ordain: Sect/on l:Section 9.107(5)(d) of Ordinance NO. 853, City Code of I977, paseed June 21, ~977, which reads as follow& to wit: 9.107(5)(d) Split level design containing three bedrooms or less, 1.020 square feet or more plus 120 square feet for each additional bedroom. is herewith amended to read as £ollows: 9.107(5)(d) Split level design containin9 three bedrooms or less, 1,020 square feet or more plus 120 square feet for each additional bedroom. Split level design shall be defined as any design wherein the entry way together with some living space is located at ground level with additional living space located above such level and/or partially below ouch level. Section 2 :Section 9.107(5)(e) of Ordinance No. 853, City Code of 1~77, pa~sed June 2i, 1977, which is currenti~ reserved, shall be emended to hereafter read es follows, to wit: 9.107(~)(e) Split entry design containing three bedrooms or less, 1,120 square feet plus 120 square feet for each additional bedroom, on the main floor. Split entry design &hall be defined as any deeign wherein the entry way Is the only area located at REGULAR COUNCIL MEETING JULY 8, 1991 PAGE 7 9round level and all livin9 space is iocated above such level and/or part/ally below much level. This ordinance shall be in full force and effect First Reading: Second Readlng: Date of Pasmage: June 24, i991 July a, 1991 JuIy 8, 199i Offered by: Seconded by: Roil call: Ruettimann Jo-Anne Student, Council Secretary c. Second Reading of Ordinance No. 1225; Being sn Ordinance Amemding Ordinance No. 853, City Code of 1977, Pertaining to Permitted Uses Within any "R-3" Multiple Family District Motion by Ruettimann, second by Paterson to weave the reading of the ordinance there bain9 ample copiem svailable. Roil call: Ali ORDINANCE NO. 1225 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO PERMITTED USES WITHIN ANY "R-3" MULTIPLE FAMILY USE DISTRICT The City of Columbia Heights does ordain: Sect/on i: Section 9.109(1)(~) of the City Code of 1977, amended, pam~ed June 2I, 1977, which currently resdm as follows, to wit: 9.109(1)(a) Any use permitted in Section 9.108(1) herewith amended to read as follows, to wit: 9.109(i)(a) Any use permitted in Section 9.108(1) and as regulated in Chapter 9, Article REGULAR COUNCZL MEETING JULY 8, 1991 PAGE 8 Section 2: This ordinance shall be in full force and e~fect F/ret reading: Second reading: Date of passage; June 24, i991 July S, 1991 July 8, i991 Offered by: Seconded by: Mayor Edward M. Carlson Jo-Anne Student, Council Secretary d. Second Readln9 of Ordinance No. 1226; Being mn Ordinance Amending Ordinance No. 853, City Code of 1977, Pertaining to Permitted Uses W/thin any "R-4" MultipLe Family Use Dietrict Mot/on by Ruettimenn, second by Paterson to waive the reading of the ordinance there being ample copies available for the public. ORDINANCE NO. 1226 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, P£RTAINING TO PERMITTED USES WITHIN ANY "R-4" MULTIPLE FAMILY USE DISTRICT The City of Columbia Heights doem ordain= Section 9.1~0¢1)(a) of the City Code of 1977 as amended, paesed June 21, 1977, which currently 9.110(I)(a) Any use permitted in Section 9.109(I) and am regulated therein except herein amended. herewith amended to reed 9.110(1)(e) Any u~e permitted in Section 9.I09(1) and am regulated in Chapter 9, Article I, Section 9, shall be a permitted ume except am herein amended. REGULAR COUNCIL MEETING JULY B, 1991 PAGE 9 Section 2: This ordinance shall be in full force end effect from and after 30 days after ie paesage. June 2~, 1991 July 8, 1991 July 8, 1991 Offered by: Seconded by: Roll call: Ruettimenn All ayes ~ayor Edward M. Carlson e. Second Reading of Ordinance No. 1228; Bain9 an Ordinance Amendin9 Ordinance No. 853, City Code of 1977, Pertaining to Motion by Ruettimenn, second by Petermon to waive the reading the ordinance there being ample copies available for the public. ORDINANCE NO. 1228 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO COMMERCIAL LICENSING REGULATIONS The City of Columbia Heights does ordain: Section i: Section 5.10i(i) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which currently reads aa follows, to wit: 5.101(1) For purposes of this Chapter, "license" shall mean the written authority granted by the City to maintain, operate or conduct a bus/ness or commercial establishment, Or engage in any trade, profession, or occupation ~or which payment of a fee to the City im required; end"person" shall mean person, partnership, corporation or other association. Is herewith amended to read as follows: 5.101(i) For purposes o£ this Chapter "license" REGULAR COUNCIL MEETING JULY 8, PaGE shall mean the written authority granted by the City to maintain, operate or conduct e business or commercisl establishment, or engage in any trade, profession or occupation or conduct any activity or maintain any premises which are eubDect to regulation under the poiioe power for which payment of a fee to the City may be required~ and "person" shall mean person, partnership, corporation or other association. Sect/on 2: Section 5.101(2) of Ordinance No. 853, City Code of 1977, passed June 2i, 1977, which currently reads as follows, to w/t: 5.101(2) applications for all licensee required by this Chapter shall be submitted in writing to the Clerk and contain the following information: Section Is herewith amended to read as fo/lows: 5.101(2) applications for ali licenses required by this Chapter shall be submitted in writing to the Clerk and contain the following information, un£ess spe¢ifi=ally provided otherwise herein: of of 1977, passed June 21, 1977, which currently reads as follows, to S.103¢5) annual license fees shall be establishedby resolution of the Council and may be amended from time to t/me. Fees shall be paid in full to the Clerk Treasurer prior to the issuance of the license. Is herewith amended to read as fo/lows: 5.103(5) Annual license fee~ shall be established by resolution of the Council and may be amended from time to time. Fees shall be paid in full to the Clerk Treasurer prior to the issuance of the license unless mpecifically provided otherwise herein. REGULAR COUNCIL MEETING JULY 8, 1991 PAGE ll Section 4: Sect/on 5.606¢I) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which currently reade es follows, to wit: 5.606(1) No person who owns a multiple dwelling shall allow it to be occupied or let to another for occupancy any unit in a multiple dwelling, except hotels, motels, end any dwelling or dwelling unit required to be licensed under Chapter SA, without license issued pursuant to the provisions of this For purposes of this section "Multiple Dwelling" ie herein defined es any building or structure containing three or more separate dwelling un/ts, whether used solely or exclusively for resident/al purpomem or otherwise. Is herewith amended to read ~s follows: 5.606(1) No permon who owns a multiple dwelling unit, or common area within a multiple dwellingshall allow it to be occupied or let to another for occupancy any unit in a multiple dwelling, except hotels, motels, and any dwellin9 or dwelling unit required to be licensed under the provisions of this sect/on. For purposes of this sect/on, the following definitions Multiple Dwelling. Any building or structure containing or exclusively for resident/el purposes or otherwise. Dwelling Unitm. A room or group of room~ located within a multiple dwelling which form a mingle habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, or eating. Common ~ree. a hell, corridor, or passageway for providing ingress and egress from a dwelling unit to a public way or and not within exclusive control of any one dwelling unit. ~ection 5: Section 5.606(7) of Ordinance No. 853, City Code of 1977, pamsed June 21, 1977, which is currently reserved, shall be amended to hereafter reed as follows, to wit: REGULAR COUNCIL MEETING JULY 8, 1991 5.606(7) No license shall be required for any dwelling unit which dwelling unit is owner occupied Section 6: This ordinance shall be in full force and effect from First Reading: Second Readlng: Date of Paeeage: June 24, 1991 July 8, I991 July 8, 1991 Offered by: Seconded by: Roll ceil: Ruettimann Paterson all ayes Mayor Edward M. Carlson Jo-Anne Student, Council Secretary f. First Reading of Ordinance Nol 1229; Being an Ordinance Amending Ordinance No. 853, City Code o£ i977, Allowin~ Printin~ Shops Which Occupy More Then 3,000 Square Feet of Gross Floor Motion by Paterson, second by Cierkln to waive the reading of the ordinance there bain9 ample copies available ~or the public. Roll ORDINANCE NO. 1229 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, ALLOWING PRINTING SHOPS WHICH OCCUPY MORE THAN 3,000 SQUARE FEET OF GROSS FLOOR AREA IN RETAIL BUSINESS DISTRICTS AS A CONDITIONAL USE The City of Columbia Heights does ordain: Section 1: Section 9.113(2)¢m) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which ia currently reserved, shall be emended to hereafter reed as follows, to shops which occupy more than three Section 2: This ordinance shell be in full force and e£fect from REGULAR COUNCIL MEETING JULY 8, 1991 PAGE 13 First readlng: July 8, 1991 Mot/on by Paterson, second by Clerkin to schedule the second reading of Ordinance No. 1229 for July 22, 199i. Roll call: Ail COMMUNICATIONS a. Plannin9 end Zonin9 Commies/on I. Special Purpose Fence - McDonald, 618 47th Avenue N.E. Motion by Nawrockt, second by Paterson to approve the six foot high specie1 purpose privacy fence et 618 4?th Avenue N.~. along the west s/de property line provided the fence is set in two £eet from the edge of the retainin9 wall for maintenance and to reduce side wind. Roil ceil: Ail ayes Councilmember Nawrockt requested staff to en£orce some o~ the City's regulations regardin9 trash on private property at the lot next door to the McDonald's. 2. Special Purpose Fence - Lehman, 4912 Seventh Street N.E. Motion by Paterson, second by Clerkin to approve the mix foot high special purpose privacy fence around the per/meter of the rear yard of 4912 Seventh Street N.E. Roll caii: ail ayes 3. Conditional Use Permit - Thompson, 4249 Van Buren Street Motion by Paterson, second by Ruettimann to approve the conditional use permit for Mr. Marion Thompson to allow the installation of a second accessory building on his property located at 4249 Van Buren Street. Roll call: All ayes Councilmember Nawrocki expressed e concern with the thr~ feet requirement of a setback for this building noting that the requirement for a house is five feet. Councilmember Paterson advised this was addressed at the meeting and the Building Inspector stated that only three feet is required. b. Compost Ordinance Mayor Carlson reguested the Recycling Coordtnstor to check with St.Paui regarding a draft copy of the City's composting ordinance. The City Manager advised this draft copy will be prepared for the next Council meeting. REGULAR COUNCIL MEETING JULY 8, 199~ P~GE ~4 8. OLD BUSZNESS Correct Change Order No. 2 for Municipal Pro3ect #9023 Mot/on by Paterson, second by Ruettimann to reconsider Change Order No. for Municipal Pro3ect #9023 approved at the June 24, ~991 with the School Board. The City Nenager responded that it will be Motion by Paterson, ~cond by Cierkin t.o amend Change Order No. 2 for Municipal Pro3ect *9023 as presented, amounting to $23,917.15; and furthermore, to authorize the Mayor and City ~aneger to enter into an agreement for the same. Motion by Nawrocki to emend the motion to amend and add that the staff be directed to convey this change order and the reasons for second. Roll cai1 on original motion to amend. Roil call: ali ayes b. Purchase of Electronic Votin9 Booths The City Manager requested this item be removed from the agenda. He advised that another source has been found for this purchase and will supply the information regarding this source at the next Council meeting. 9. NEW BUSINESS a. Lab Testing Requirements for Municipal Pro3ect #8600 Motion by Nawrockl, second by Paterson to award the testin9 services for Municipal Pro3ect #8600 to Braun Intertec Engineertn9, Znc. and to authorize an increase from e not-to- eXcEed $2,899 to S4,500; and to authorize the Mayor and City Aid funds will be used for thie pro]act end the testing b. Change Orders for Municipal Pro]act #8600 Motion by Nawrockt, ~oond by Clerkin to approve Change Order No. I for Municipal Pro~ect fl8600, Federal Pro]act HE~ 005-2 (101), S.A.P. No. 113-104-07, S.P. No. 0207-~B02, amounting to no change in cost and no change in contract time. Roll call: ali ayes REGULAR COUNCIL MEETZNG JULY 8, 1991 PAGE 15 Motion by Nawrocki, second by Clerkin to approve Change Order No. 3 for Municipal Pro3ect #8600, Federal Project XES 005-2 (I0) , S.P. No. 0207-8802, amounting to a deduct of $566 and no change Mot/on by Nawrocki, second by Clerkin to approve Supplemental Agreement No. ! for Municipal Pro3ect *8600, Federal Pro3ect XES 005-2 (lO), S.A.P. No. i13-104-07, S.P. No. 0207-8802, amounting to a ~7,000 add to the contract and no change in the contract Motion by Nawrocki, second by Clerkin to approve Supplemental Agreement No. 2 for Municipal Project #~600, Federal Pro]act ~ES 005-2 (I0>, 5.A.P. No. i1~-i04-07, 5.P. No. 0207-8802, amountin9 to a ~2,400.02 increase to the contract ~nd no change in contract time. Roil call: Ali ayes ~otion by Nawrocki, second by Ruettimann to approve ~uppIementaI Agreement No. ~ for Municipal Pro~ect #8600, Federal Pro~ect HESO05-02(IO), S.A.P. No. i13-i04-07, $.P. No. 0207-8802, amounting to a S7.49 deduct in cost ~nd no change in contract time. Roll call: All ayes Motion by Ruettimann, second by Paterson to approve Change Order No. 2 for Municipal Pro~ect #8600, Federal Pro3ect ~$ 005-02 (i0), ~.A.P. No. 113-104-07, ~.P. No. 0207-8802, amountin~ to a deduct of S3,081.33 and no change in contract time. Roll tail: Paterson, Ruettimsnn - aye Nawrocki, Clerkin, Carl~on - ney Motion fail~. Motion by Nawrocki, second by Clerkin to table approval of Change Order #2 for further information. Roll call: Nawrocki, ~lerkin, Carlson - aye Ruettimann, Paterson - nay Motion carries. 10. REPORT~ a. Report of the City Manager The report of the City Manager wes submitted in written form and theme additional items were discussed: 1. Water line on Innebruck Parkway: Staff is pursuing easements ~or the installation of this wster kine. The City REGULAR COUNCIL MEETING JULY 8, 1991 P~GE 16 Hanager advised that a property owner on Ran/er Peas is requeetin9 oompenmation for trees which will need to be removed for this installation. It wem noted that originally involved are two black cherry and one arborvitae. The Public 2. Proposal of Wagamon Brothers Engine: The D/rector of the Engine Rebuilding Company for the Grief Brother mite. Counctlmember Nawrockt noted that a ninety-day exclusive meetin9. Chambers will be delivered to City Hail on July 12th. 2. Report of the City ~ttorne¥ civil law suit. The City ~ttorney gave an overview of the activities of his number of active cases in the year 1990 end the number of court appearances made on behalf of the City. Councilmember Ruettimann stated his recent and repeated problems he has been experiencing with ordering of premium movies on the Counci/member Nawrocki mentioned a meetlng scheduled for July to attend this m~ting. EXECUTIVE SESSION The Council recessed to an Executive Session st 9:05 p.m. COUNCIL MEETZHG RECONVENED The Council was reconvened from the Executive Session et 9:25 litigation reviewed by the Council and the City Attorney. The REGULAR COUNCIL MEETING JULY 8, 1991 PAGE 17 Motion by Ne~rockt, second by Ruettlmann to pursue this matter ADJOURNMENT meeting et 9:27 p.m.. Roll cell.' sll eyes -Anne tudent~ Counc£ 1 Secretary