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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. REGULAR COUNCIL MEETING 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; REGULAR COUNCIL MEETING 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. REGULAR COUNCIL MEETING 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. REGULAR COUNCIL MEETING SEPTEMBER 28, 1992 PAGE 7 o 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 o 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 o 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 REGULAR COUNCIL MEETING 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