HomeMy WebLinkAboutSeptember 28, 1992OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
SEPTEMBER 28, 1992
The Council Meeting was called to order at 7:00 p.m. by Mayor
Murzyn.
1. ROLL CALL
Nawrocki, Clerkin, Ruettimann, Peterson, Murzyn - present
2. PLEDGE OF ALLEGIANCE
3. CONSENT AGENDA
The following items were approved on the Consent Agenda:
Approval of Minutes of Previous Meetings
The Council approved the minutes of the Regular Council
Meeting of September 14, ]992 and the minutes of the September
14, 1992 Fire Relief Association, Volunteer Division as
presented and there were no corrections.
First Reading of Ordinance No. 1236, Being an Ordinance
Amending Ordinance No. 853, City Code of 1977, Pertaining to
Regulation of Skateboards, Rollerskis, Rollerskates and
Rollerblades on Public and Private Grounds
The reading of the ordinance was waived there being ample
copies available for the public.
ORDINANCE NO. 1236
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF
1977, PERTAINING TO THE REGULATION OF SKATEBOARDS, ROLLERSKIS,
ROLLERSKATES AND ROLLERBLADES ON PUBLIC AND PRIVATE GROUNDS
The City of Columbia Heights does ordain:
Section 1: Chapter 10, Article II, Section 7 of Ordinance No.
853, City Code of 1977, which is currently reserved, shall be
amended to hereafter read as follows, to wit:
10.207(1) Intent and Purpose. It is the intent and purpose of
this ordinance to protect the public health and safety by the
regulation of the use of skateboards, rollerskis, ro]lerskates
and rollerblades within the City and to prohibit use of the
same within designated areas and to provide penalties for
violations.
10.207(2) Definitions. The following definitions shall apply
REGULAR COUNCIL MEETING
SEPTEMBER 28, 1992
PAGE 2
in the interpretation and application of this section, and the
following words and terms, wherever they occur in this
section, are defined as follows:
(a) Skateboard. A non-motorized platform mounted on wheels.
(b)
Rollerski. A non-motorized ski-like devise mounted on
wheels.
(c)
Rollerskate/Rollerblade. A non-motorized device with
wheels which is attached to a shoe or designed to be
attached to a shoe.
10.207(3) Prohibited Conduct. No person shall ride or propel
oneself upon skateboards, rollerskis, rollerskates or
rollerblades within any of the following areas:
(a)
The area west of Reservoir Boulevard, east of Van Buren
Street N.E., and north of 39th Avenue N.E., south of 42nd
Avenue N.E.
(b)
On or about any public tennis courts within the city
limits of Columbia Heights.
(c)
On or about any public or private parking lot, ramp, area
or facility without the express written permission of the
owner thereof.
In any area within the city limits of Columbia Heights
while being pushed, pulled, or in any way propelled by
any motorized vehicle or by a person on a bicycle.
(e)
In any area or in any manner which is contrary to the
statutory provisions applicable to the operation of
bicycles.
10.207(4) Exceptions. Notwithstanding anything herein to the
contrary, the provisions of this Chapter shall not apply to
the following:
(a)
The owner of any property using such premises for
skateboards, rollerskis, rollerskates or rollerblades for
the owner's own use or for an organized event conducted
with the owner's permission.
(b)
Nothing in this Chapter shall be construed to prohibit
the use of a wheelchair or any other wheeled device
designed to assist a disabled person on any of the places
mentioned herein.
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SEPTEMBER 28, 1992
PAGE 3
10.207(5) Penalties. Any violation of this Chapter is a petty
misdemeanor and is subject to all penalties provided for such
violation under Minnesota Statutes.
10.207(6) Impoundment. The Columbia Heights Police Department
may impound any skateboard, rollerskis, rollerskates or
rollerblades used, ridden, operated, owned or possessed or
otherwise existing upon any public or private property within
the City of Columbia Heights in violation of this Section. Any
skateboard, rollerskis, rollerskates and/or ro]lerblades
impounded by the City and which remains unclaimed by the owner
for a period of 60 days may be sold at public sale or auction
following published notice.
Section 2: This ordinance shall be in full force and effect
from and after thirty 30) days after its passage.
The second reading of Ordinance No. 1236 will be held on
October 12, 1992.
First Readinq of Ordinance No. 1249, Beinq an Ordinance
Pertaininq to Conduct on Licensed Premises
The reading of the ordinance was waived there being ample
copies available for the public.
ORDINANCE NO. 1249
BEING AN ORDINANCE PERTAINING TO CONDUCT ON LICENSED PREMISES
The City of Columbia Heights does ordain:
Section l: Section 5A.410 of the City Code of 1977, as
amended, passed June 21, 1977, which is currently reserved,
shall hereafter read as follows, to wit:
5A.410(1) It shall be the responsibility of the licensee to
take appropriate action following conduct by persons occupying
the premises which is determined to be disorderly, in
violation of any of the following statutes or ordinances:
(a) Minn. Stat. 609.75 through 609.76,
gambling;
which prohibit
(b)
Minn. Stat. 609.321 through 609.324 which prohibit
prostitution and acts relating thereto;
(c)
Minn. Stat. 152.01 through 152.025, and 152.027, subds.
1 and 2, which prohibit the unlawful sale or possession
of controlled substances;
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SEPTEMBER 28, 1992
PAGE 4
(d)
Minn. Stat. 340A.401, which prohibits the un]awful sale
of alcoholic beverages;
(e)
Minn. Stat. 609.33, which prohibits owning, leasing,
operating, managing, maintaining, or conducting a
disorderly house, or inviting or attempting to invite
others to visit or remain in a disorderly house;
(f)
Section 10.312 of this code, which prohibits noisy
assemblies;
(g)
Minn. Stat. 97B.021, 97B.045, 609.66 through 609.67 and
624.712 through 624.716, and section 10.307 of this code,
which prohibit the un]awful possession, transportation,
sale or use of a weapon; or
(h) Minn. Stat. 609.72, which prohibits disorderly conduct.
5A.410(2). The Police Chief (Department) shall be responsible
for enforcement and administration of this section.
5A.410(3). Upon determination by the Police Chief (Department)
that a licensed premises was used in a disorderly manner, as
described in Section (1), the Police Chief (Department) shall
notify the licensee by mail of the violation and direct the
licensee to take steps to prevent further violations.
5A.410(4) If another instance of disorderly use of the
licensed premises occurs within twelve (12) months of an
incident for which a notice in subsection (3) was given, the
Police Chief (Department) shall notify the licensee by mail of
the violation and shall also require the licensee to submit a
written report of the actions taken, and proposed to be taken,
by the licensee to prevent further disorderly use of the
premises. This written report shall be submitted to the Police
Chief (Department) within five (5) days of receipt of the
notice of disorderly use of the premises and shall detail all
actions taken by the licensee in response to all notices of
disorderly use of the premises within the preceding twelve
(12) months. If the licensee fails to comply with the
requirements of this subsection, the rental dwelling license
for the premises may be denied, revoked, suspended, or not
renewed. An action to deny, revoke, suspend, or not renew a
license under this section shall be initiated by the City
Council at the request of the Police Chief (Department) in the
manner described in Section 5A.408(1), and shall proceed
according to the procedures established in Sections 5.102 and
5.104.
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SEPTEMBER 28, 1992
PAGE 5
5A.410(5) If another instance of disorderly use of the
licensed premises occurs within twelve (12) months after any
two (2) previous instances of disorderly use for which notices
were sent to the licensee pursuant to this section, the rental
dwelling license for the premises may be denied, revoked,
suspended, or not renewed. An action to deny, revoke, suspend,
or not renew a license under this section shall be initiated
by the City Council at the request of the Police Chief
(Department) in the manner prescribed in Section 5A.408(1),
and shall proceed according to the procedures established in
Sections 5.102 and 5.104.
5A.410(6) No adverse license action shall be imposed where the
instance of disorderly use of a licensed premises occurred
during the pendency of eviction proceedings (unlawful
detainer) or within thirty (30) days of notice given by the
licensee to a tenant to vacate the premises, where the
disorderly use was related to conduct by that tenant or by
other occupants or guests of the tenant's unit. Eviction
proceedings shall not be a bar to adverse license action,
however, unless they are diligently pursued by the licensee.
Further, any action to deny, evoke, suspend, or not renew a
license based upon violations of this section may be postponed
or discontinued at any time if it appears that the licensee
bas taken appropriate measures which will prevent further
instances of disorderly use.
5A.410(7) A determination that the licensed premises has been
used in a disorderly manner as described in subsection
shall be made upon substantial evidence to support such a
determination. It shall not be necessary that criminal charges
be brought to support a determination of disorderly use, nor
shall the fact of dismissal or acquittal of criminal charges
operate as a bar to adverse license action under this section.
Section 2: This ordinance shall be in full force and effect
from and after thirty (30) days after its passage.
First Reading: September 28, 1992
The second readin~ of Ordinance No. 1249 is scheduled for
October 12, 1992.
First Reading of Ordinance No. 1252, Beinq an Ordinance
Regulatinq Unnecessary Noise and Odors
The reading of the ordinance was waived there being ample
copies available for the public.
REGULAR COUNCIL MEETING
SEPTEMBER 28, 1992
PAGE 6
ORDINANCE NO. 1252
BEING AN ORDINANCE REGULATING UNNECESSARY NOISE AND ODORS
The City of Columbia Meights does ordain:
Section 1: An amendment to Section 8.203 of the Public Health
and Safety Ordinance adding the following:
8.203(8)
UNNECESSARY NOISE AND ODORS GENERALLY: No person,
in any public or private place, shall make or
assist in making, by any manner or means, any loud,
unpleasant, or raucous noise or odor disturbing to
others, unless the same be reasonably necessary to
the preservation of life, health, safety or
property. This section (8.203(8)) is enforceable
twenty-four (24) hours a day.
8.203(9)
OFFENSIVE USE OF SOUND AMPLIFYING EQUIPMENT: No
person shall use or maintain any sound amplifying
equipment when the use or maintenance of such
equipment creates noise so loud and unnatural in
their time, place, use, or maintenance as to annoy,
injure, or endanger the safety, health, comfort, or
repose of any persons. This section (8.203(9)) is
enforceable twenty-four (24) hours a day.
8.203(10) NOISY ASSEMBLY:
Subdivision 1 Definition: The term "noisy assembly"
shall mean a gathering of more than one person in a
residential area or building between the hours of
10 p.m. and 7 a.m. that produces noise that
unreasonably disturbs the peace, quiet, or repose
of a person or persons of ordinary sensibility.
Subdivision 2 Prohibition: (a) No person shall .
participate in, visit, or remain at a gathering
knowing or having reason to know that the gathering
is a noisy assembly, except persons who have come
to the gathering for the sole purpose of abating
the disturbance. (b) No person shall knowingly
permit real estate under such person's care or
control to be used for a noisy assembly. This
Section (8.203(10) is enforceable during the hours
stated.
Section 2: EFFECTIVE DATE: This ordinance shall be in full
force and effect from and after the date of its passage and
publication.
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SEPTEMBER 28, 1992
PAGE 7
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First Reading: September 28, 1992
No date for the second reading of Ordinance No. 1252 was
scheduled.
Approval of License Applications
The license applications as listed were approved upon payment
of proper fees.
Payment of Bills
Payment of bills as listed was approved out of proper funds.
APPROVAL OF CONSENT AGENDA
Motion by Ruettimann, 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.
Polish American Heritaqe Month Proclamation
Mayor Murzyn read the proclamation which designated October as
Polish American Heritage Month in the City. Me presented the
proclamation to members of the Columbia Heights Sister City
Committee.
Mayor Murzyn read the proclamation which r~cognized the work
of physician assistants.
PUBLIC HEARINGS/ORDINANCES/RESOLUTIONS
Second Readinq of Ordinance No. 1254; Being an Ordinance
Amending Ordinance No. 853, Columbia Heights Zoning Code,
Pertaining to Non-Conforming Lots
The City ManaGer reviewed the ordinance. Councilmember
Nawrocki inquired if there were situations of multiple forty
foot lots adjacent to each other under single ownership which
could be developed in the present zoning and would be exempt
from this ordinance. Staff wi]] get this information. Tabling
of the ordinance was recommended.
Motion by Nawrocki, second by Murzyn to table this matter for
additional information until the next Council Meeting. Roll
call: All ayes
REGULAR COUNCIL MEETING
SEPTEMBER 28, 1992
PAGE 8
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COMMUNICATIONS
Hazardous Waste Collection
Councilmember Ruettimann mentioned that Anoka County has
scheduled a Hazardous Waste Collection Day on October 3, 1992.
This will be held at Columbia Arena in Fridley from 9:00 a.m.
until 3:00 p.m.
OLD BUSINESS
a. Payment for Leqal Services
Motion by Ruettimann, second by Peterson to approve payment to
Marshall and Associates in the amount of $3,877.94 for legal
work with the payment to come from the Insurance Trust Fund.
This is a progress payment and not the final payment. Roll
call: All ayes
b. Honeywell Proposal
Counci]member Nawrocki advised that NEI has received a
proposal from Northern States Power for some electrical work
which wil! ultimately save considerable money. He requested
staff to contact Northern States Power regarding the
electrical portion of the project being analysed by Honeywell
for city buildings.
Councilmember Ruettimann requested that Superintendent Huber
in the Spring Lake Park School District also be contacted
regarding their experience with a Honeywell project similar to
the one Columbia Heights is considering.
Counci]member Nawrocki felt the opportunity for the most
savings would be in the lighting portion of the project. He is
still of the opinion that competitive bids should be sought
for the entire proposal.
Mayor Murzyn noted he had already been contacted by Northern
States Power and that utility firm would handle only
electrical projects.
Motion by Nawrocki that Northern States Power be contacted and
asked to make a proposal to the City for the kind of work they
would do and the possible cost savings. Counci]member Nawrocki
noted he was unaware that Northern States Power had already
contacted the City. Motion dies for lack of a second.
REGULAR COUNCIL MEETING
SEPTEMBER 28, i992
PAGE 9
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The City Manager understood that the City would deal
exclusively with Honeywell through the Letter of Intent until
a contract is accepted or rejected.
The City Attorney advised that asking Northern States Power
about comparable services would not breach the agreement with
Honeywell.
The City Manager will contact the President of NEI and Dr.
Huber of the Spring Lake Park School District. He will report
his findings at the September 30th Council work session.
Councilmember Nawrocki also requested staff to contact the
State Department of Energy regarding this matter.
c. Bids for City's Auditor
Mayor Murzyn inquired if the bids for the City's auditor have
been let yet. He was advised that staff is still reviewing the
proposals received.
NEW BUSINESS
a. Award for Electrical Work at Huset Park Skatinq Rink and
McKenna Park Hockey Rink
Motion by Peterson, second by Ruettimann to award the
electrical work at McKenna Park hockey rink and Huset Park
skating rink to Killmer Electric of Maple Grove, Minnesota, as
the lowest qualified responsible bidder in the amount of
$I3,765; and furthermore, to authorize the Mayor and City
Manager to enter into an agreement for the same. Roll call:
All ayes
b. Acquisition of 3982 Van Buren Street Northeast
Motion by Peterson, second by Ruettimann to direct the City
Manager to notify the HRA Executive Director of the City
Council's concurrence with the action of the MRA Board to
proceed with the acquisition of the vacant lot at 3982 Van
Buren Street for $20,000, provided that:
1) Taxes and assessments are paid in full to date of closing
by current owner.
2) Sale by owner on voluntary basis
3) Property is purchased with HRA funds.
Roll call: All ayes
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SEPTEMBER 28, ]992
PAGE 10
]0.
c. Rejection of Bids for Park Building
Improvements
Accessibility
Councilmember Nawrocki inquired what the actual work was
being considered for the park buildings.
The Public Works Director advised that the work would involve
signage, removal of present fixtures and removal of walls to
accommodate wheelchairs. The bids received for the project
were quite high. Some of the contractors who bid commented
that the reasons for the high bids are the unknown conditions
involved with renovation work and the extra paper work
involved with federal aid projects.
The Public Works Director suggested that only some of the park
buildings could be bid rather than all of them. He noted that
the City has until 1998 to bring these buildings into
compliance. It was also noted that the Community Development
Block Grant funds must be used sooner than that.
Discussion followed regarding which parks should be included
in the bidding. The Public Works Director stated that all
parks could be individually bid with the understanding that
only four would be selected.
Motion by Clerkin, second by Peterson to reject bids received
for Park Building Accessibility Improvements Projects. Roll
call: All ayes
Motion by Nawrocki, second by Peterson to authorize staff to
seek sealed bids for accessibility improvements at McKenna
Park, Huset Park, Prestemon Park and Mathaire Park buildings
as a group with the understanding that other parks may be done
as staff may see fit to include as individual alternative
projects. Roll call: All ayes
REPORTS
a. Report of the City Manager
The City Manager's report was submitted in written form and
the fo]lowing additional items were discussed:
1) 37th Avenue and Stinson Boulevard Signals: The City's share
of this signalization project is $22,693.50. This payment is
required to be made in advance according to the joint powers
agreement with other governmental units involved. A purchase
order has been prepared in this amount.
REGULAR COUNCIL MEETING
SEPTEMBER 28, I992
PAGE ll
The installation of a pedestrian signal on 38th and Stinson
Boulevard is still being pursued.
2) Bus Routes on University Avenue Service Road: Councilmember
Clerkin inquired as to the use of the service road adjacent to
University Avenue and the "No Turn On Red" signs which have
been put up in the area. He was advised this is a new project
of MnDot which allows buses to use the service road during
certain hours of each day.
3) Colored Markinqs on City Streets: Councilmember Clerkin
requested an explanation of colored markings on some of the
City streets. The Public Works Director stated they are
utility markings. He will get a copy of the Gopher One Call
color chart for Councilmember Clerkin which will explain the
markings.
4) Water Problem at 44 1/2 Avenue Home: Councilmember Nawrocki
requested current information regarding a water problem which
had been experienced at a home on 441/2 Avenue. The City
Manager noted he has not heard from the property owner lately
and will check the situation.
5) Accident Report: A memo was received from the Police Chief
which reported on accident statistics for 44th and Central
Avenues from i987 to the present.
b. Report of the City Attorney
The City Attorney has nothing to report at.this time.
ADJOURNMENT
Motion by Nawrocki, second by Peterson to adjourn the meeting
at 8:02 p.m. Roll call: All ayes
o-~ne 8trident, "~ouncil Secretary