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HomeMy WebLinkAboutJuly 13, 1992OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING JULY 13, 1992 The Council Meeting was called Murzyn. to order at 7:00 p.m. by Mayor ROLL CALL Nawrocki, Clerkin, Ruettimann, Peterson, Murzyn - present PLEDGE OF ALLEGIANCE CONSENT AGENDA The following items were approved on the Consent Agenda: Minutes for Approval The Council approved the minutes of the June 22, 1992 Regular Council Meeting as presented and there were no corrections. Request for Neighborhood Block Party The Council approved the request submitted by Tom Hosch, 4716 Sixth Street, to conduct a block party on Saturday, July 25, 1992 from 2:00 p.m. to Midnight, with barricades being placed on the alley from 47th to 48th Avenues between Fifth and Sixth Streets. Request for Neighborhood Block Party The Council approved the request submitted by Danny Garcia and Debra Love of Tyler Street to conduct a Block Party on Tuesday, August 4, 1992 from 6:00 p.m. to 10:00 p.m., with barricades being placed on Tyler Street from 46th to 47th Avenues as well as the alley which cuts through from Central Avenue to Tyler Street. Payment of Bills The Council approved the payment of the bills as listed out of proper funds. APPROVAL OF CONSENT AGENDA Motion by Nawrocki, second by Clerkin to approve the Consent Agenda as presented. Roll call: All ayes OPEN MIKE/PRESENTATIONS/PROCLAMATIONS There was no one present for Open Mike. REGULAR COUNCIL MEETING JULY 13, 1992 PAGE 2 Special Purpose Fence, 1011 43rd Avenue, Merrick/Olson The request is for a 6.5 foot high solid board and picket style special purpose privacy fence which will enclose a portion of the rear yard. The property owners to the west had signed the consent form. The property owners to the east did not sign the consent form and are opposed to the height of the fence. Discussion was held regarding the appearance of the fence and its maintenance. Motion by Peterson, second by Ruettimann to approve the 6.5 foot high special purpose fence at 1011 43rd Avenue as recommended by the Planning and Zoning Commission. Roll call: All ayes Special Purpose Fence, 4088 Stinson Boulevard, Dzuik The owner of the property advised she has decided not to have the lattice work on the top of the fence included in the project. Motion by Clerkin, second by Nawrocki to approve the six foot high special purpose privacy fence for 4088 Stinson Boulevard as recommended by the Planning and Zoning Commission. Roll call: All ayes PUBLIC HEARINGS/RESOLUTIONS & ORDINANCES a. Second Reading of Ordinance No. 1248, Being an Ordinance Amending Ordinance No. 853, City Code of 1977, Pertaining to Municipal Services, Trees and Weed Services, Removal of Diseased Trees, and Spraying, Planting and Routine Removal The City Manager noted that the current city code had been sent to members of the Council for their review. He had received no comments from them. Councilmember Nawrocki reviewed various sections of the ordinance. He stated he sees no need for some of the changes and feels this ordinance will create more bureacracy. Motion by Ruettlmann, second by Peterson to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes REGULAR COUNCIL MEETING JULY 13, 1992 PAGE 3 ORDINANCE NO. 1248 BEING A RESOLUTION AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AS AMENDED, PERTAINING TO MUNICIPAL SERVICES, TREE AMD WEED SERVICES, REMOVAL OF DISEASED TREES AND SPRAYING, PLANTING, AND ROUTINE REMOVAL The City of Columbia Heights does ordain: Section 1: Section 4.201(1) of the City Code of 1977, as amended, passed June 21, 1977, which currently reads as follows, to-wit: 4.201(1) The Forester shall inspect all premises and places within the City for the presence of any of the below-described conditions: is herewith amended to read as follows, to-wit: 4.201(1) The Forester or his/her official representative has the authority to enter onto private property for inspection purposes. The Forester shall inspect all premises and places, both public and private, within the City for the presence of any of the below-described conditions: Section 2: Section 4.201(1)(c) of the City Code of 1977, as amended, passed June 21, 1977, which currently reads as follows, to-wit: 4.201(1)(c) Any other living or standing tree or part thereof infected with tree disease as determined by the Forester. is herewith amended to read as follows, to-wit: 4.201(1)(c) Any other living or standing tree or part thereof infected with tree disease as determined by the Forester or any destructive or communicable disease or insect infestations. Section 3: Section 4.201(1)(e) of the City Code of 1977, as amended, passed June 21, 1977, which is currently reserved shall hereafter read as follows, to-wit: 4.201(1)(e) Any tree, limb or shrub that obstructs street lights, view of intersections, traffic signs, the free passage of pedestrians or vehicles, or a tree or any part thereof that is less than eight (8) feet above the REGULAR COUNCIL MEETING JULY 13, 1992 PAGE 4 surface of the street, sidewalk or alley, or a tree that poses a threat to safety. Section 4: Section 4.201(3)(b) of the City Code of 1977, as amended, passed June 21, 1977, which currently reads as follows, to-wit: 4.201(3)(b) The Forester may abate said condition upon the expiration of five (5) days. is herewith amended to read as follow, to-wit: 4.201(3)(b) The Forester may abate said condition upon the expiration of five (5) days. The Council hereby authorizes the assessment of unpaid special charges for such abatement against such property. Section 5: Section 4.202(3) of the City Code of 1977, as amended, passed June 21, 1977, which currently reads as follows, to-wit: 4.202(3) The Forestrer shall consider all requests by property owners for the planting or routine removal of trees from streets and public boulevard easements in accordance with the following standards: is herewith amended to read as follows, to-wit: 4.202(3) No person shall plant, remove, cut above the ground, or disturb any tree on any public place without first obtaining written permission from the City Forester. The City Forester shall consider all requests by property owners for the planting or routine removal of public trees in accordance with the following standards: Section 6: Section 4.202(3)(b) of the City Code of 1977, aa amended, passed June 21, 1977, which currently reads as follows, to-wit: 4.202(3)(b) No trees shall be planted measuring less than two (2) inches in diameter of trunk one (1) foot above the ground. is herewith amended to read as follows, to-wit: 4.202(3)(b) No trees shall be planted measuring less than two and one-half (2 1/2) inches in diameter of trunk one (1) foot above the ground. REGULAR COUNCIL MEETING JULY 13, 1992 PAGE 5 Section 7: Section 4.202(3)(d) of the City Code of 1977, as amended, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to-wit: 4.202(3)(d) No trees may be planted under or within ten (10) lateral feet of any overhead utility wire, or over or within five (5) lateral feet of any underground water line or gas line, or over or within five (5) lateral feet of any sewer line, transmission line or other utility. Section 8: Section 4.202(3)(e) of the City Code of 1977, as amended, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to-wit: 4.202($)(e) Trees may be planted midway between the existing curb and sidewalk with the approval of the City Forester. In areas where curb and sidewalk do not exist, no tree may be planted closer than three (3) feet from the projected curb line. Section 9: Section 4.202(3)(f) of the City Code of 1977, as amended, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to-wit: 4.202(3)(f) No tree shall be planted closer than thirty (30) feet of any street corner, measured from the point of nearest intersecting curbs, or curb lines. No tree shall be planted closer than ten (10) feet of any fire hydrant. Section 10: Section 4.202(3)(g) of the City Code of 1977, as amended, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to-wit: 4.202(3)(g) It shall be unlawful as a normal practice for any person, firm, or city department to top any public tree. Topping is defined as the severe cutting back of limbs to stubs within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this subdivision at the determination of the City Forester. Section 11: Section 4.202(4) of the City Code of 1977, as amended, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to-wit: REGULAR COUNCIL MEETING JULY 13, 1992 PAGE 6 4.202(4) The City Forester shall locate, select and identify any trees which qualify as "Landmark Trees". A tree may qualify as a Landmark Tree if it meets one or more of the following criteria: species rarity, old age, association with a historical event or person, abnormality, or scenic enhancement. Section 12: Section 4.202(5) of the City Code of 1977, as amended, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to-wit: 4.202(5) The City shall have the right to plant, prune, maintain and remove public trees as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds and right-of- ways. Section 13: Section 4.202(6) of the City Code of 1977, as amended, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to-wit: 4.202(6) All stumps of street and park trees shall be removed to a minimum of four (4) inches below the surface of the ground including root extension to at least two (2) feet from the outer edge of the stump. Section 14: Section 4.202(7) of the City Code of 1977, as amended, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to-wit: 4.202(7) No person except the City Forester, his/her agent, or a contractor hired by the City may plant, remove, spray or otherwise treat public trees without first obtaining written permission from the City Forester. The person obtaining the written permission shall abide by the standards set forth in this section. Section 15: Section 4.202(8) of the City Code of 1977, as amended, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to-wit: 4.202(8) The City Tree Board shall have the power to promulgate and enforce rules, regulations and specifications concerning the trimming, spraying, removal, planting, pruning and protection of public trees and shall have full power and authority over all public and private trees that constitute a hazard or threat as described herein. REGULAR COUNCIL MEETING JULY 13, 1992 PAGE 7 Section 16: Section 4.202(9) of the City Code of 1977, as amended, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to-wit: 4.202(9) When the development of private and/or commercial property occurs, the Planning and Zoning Commission, City Engineer, and City Forester shall review landscaping plans and may require trees to be planted in any of the streets, parking lots, parks or other public places abutting lands henceforth developed and/or subdivided. Section 17: Section 4.202(10) of the City Code of 1977, as amended, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to-wit: 4.202(10) A person, partnership, corporation or other entity who violates or refuses to comply with any of the provisions of this article is ~uilty of misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $700 or to imprisonment not to exceed ninety (90) days, or both, for each offense. Each day that a violation exists shall constitute a separate offense. If, as the result of the violation of any provision of this ordinance, the injury, mutilation or death of a public tree located on City owned property is caused, the cost of repair or replacement of such a tree, shrub, or other plant shall be borne by the party in violation. The replacement value of trees and shrubs shall be determined in accordance with the latest revision of "A Guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs, and Evergreens", as published by the International Society of Arboriculture. Section 18: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: June 8, 1992 July 13, 1992 July 13, 1992 Offered by: Seconded by: Roll call: Ruettimann Peterson Clerkin, Ruettimann, Peterson, Murzyn - aye Nawrocki - nay REGULAR COUNCIL MEETING. JULY 13, 1992 PAGE 8 b. Resolution No. 92-16; Being a Resolution Establishing Mill Street from Fifth Street to 40th Avenue as Municipal State Aid Street #120 Motion by Peterson, second by Ruettimann to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes Councilmember Nawrocki felt a public hearing should be held before this resolution is considered. He recognizes the benefits of having a street placed on the Municipal State Aid System but stated there could be some drawbacks. Two of them would be the allowing of truck traffic on the roadway and the parking restrictions placed on State Aid streets. Motion by Nawrocki that consideration of this matter be tabled until a public hearing could be held and all the affected property owners are notified by mail. Motion dies for lack of a second. Councilmember Peterson suggested that passage of the resolution be contingent on no objections being received from the affected property owners. He felt they could be notified by letter of the Council's intention and of the possible benefits of this designation. Councilmember Nawrocki felt they should be advised of the benefits as well as the potential for inconveniences in the letter. Councilmember Peterson suggested that this matter be considered at the next Council Meeting. Motion by Murzyn, second by Clerkin to continue this matter until the July 27th Regular Council Meeting and that notices regarding this issue be sent to all of the affected property owners. Roll call: All ayes COMMUNICATIONS a. Temporary Sign Request The new owners of the grocery store located at 5011 University Avenue are requesting permission for temporary signage from July 15 to July 22, 1992. Staff is recommending approval from July 15 to July 19 which would be similar to the five day minimum allowed to other businesses. Councllmember Nawrocki recommended that the dates being requested by the business owners be approved. REGULAR COUNCIL MEETING JULY 13, 1992 PAGE 9 Motion by Clerktn, second by Peterson to approve the temporary signage for 5011 University Avenue from July 15 - 22, 1992 provided a $100 deposit is submitted to the City to assure the removal of the temporary signage. Roll call: All ayes OLD BUSINESS There was no old business. NEW BUSINESS a. Authorization to Seek Bids to Replace Timber Retaining Wall and Boardwalk at LaBelle Park Motion by Ruettimann, second by Clerkin to authorize staff to seek bids to replace timber retaining wall and boardwalk at LaBelle Park. Roll call: All ayes b. Animal Control Contract Motion by Peterson, second by Nawrocki to authorize the Mayor and City Manager to enter into a contract for animal control services with the Greater Anoka County Mumane Society for the period of August 1, 1992 through August 1, 1993, at the rates proposed in their letter and contract sent to the City on June 16, 1992· Roll call: All ayes c. Reaffirmation of Existing Sign Ordinance Requirements Some members of the City Council felt this matter should be discussed at a Council Work Session· Motion by Nawrocki, second by Peterson that staff be directed to compile a list of all non-conforming signs in the City with explanations regarding the individual non-conformances· This list to be presented for Council review. Roll call: All ayes d. Request to Attend Out-of-Town Training Motion by Ruettimann, second by Peterson to authorize the attendance of Chief David Mawhorter and Officer Randell Bartlett at the Minnesota Deaf-Blind Technical Assistance Project Conference to be held July 28 - 30, 1992 at Cragun's Conference Center in Brainerd, Minnesota. Roll call: All ayes e. Request to Attend Conference Motion by Peterson, second by Murzyn to approve the attendance of Charles Kewatt, Fire Chief, at the International REGULAR COUNCIL MEETING JULY 13, 1992 PAGE 10 10. Association of Fire Chiefs Annual Conference to be held in Anaheim, California, from September 12-16, 1992, and furthermore, that related expenses be reimbursed. Roll call: All ayes Councilmember Clerkin inquired how evaluations are conducted regarding effectiveness of conferences attended by department heads. The City Manager responded that the reports are verbally given to him. Motion by Ruettimann, second by Peterson to retire to a Closed Executive Session, for the sole purpose of discussing pending litigation in the Pastuszak vs. City of Columbia Heights, Jackson Pond and Zaidan Holdings, Inc. files, and to designate Jo-Anne Student to keep a written record of said session. Roll call: All ayes RECESS: 8:55 p.m. RECONVENE: 10:10 p.m. The Mayor read the following statement when the Council Meeting was re¢onvened: The record should reflect that the Columbia Heights City Council retired to a Closed Executive Session and discussed only the pending litigation of Pastuszak vs. City of Columbia Heights, Jackson Pond and Zaidan Holdings, Inc. and directed staff accordingly. A written record was made by Jo-Anne Student. REPORTS a. Report of the City Manager The City Manager's report was submitted in written form and the following additional items were discussed: Comprehensive Plan: The Planning and Zoning Commission held a public hearing to address the City's Comprehensive Plan. Members of the Commission took no formal action. The Executive Director of the H.R.A. will distribute the written report received from B.R.W. regarding the Comprehensive Plan to members of the City Council. Final adoption of the Plan will be made by the Council. Four City Refunding Bonds: The four cities involved in the bonds are Columbia Heights, Moorhead, Brooklyn Center and the Robbinsdale HRA. The proceeds which would be available from the refunding to each of the four cities may be in the area of three to four hundred thousand dollars. REGULAR COUNCIL MEETING JULY 13, 1992 PAGE 11 While recognizing the interest in taking the funds now is tempting, Councilmember Nawrocki suggested the Council seriously consider waiting the twelve years left until maturity. He feels the funds which would be available at that time would be much greater than at the present time. All of the three other entities have indicated they choose to take the available funds now. Costs for Fourth of July Fireworks Display: The City Manager advised that after the donations, there remained a balance of $6,300 to be paid by the City for the Fourth of July fireworks display . Council Work Session Date: Tuesday, July 21st at 7:30 p.m. is the time and date selected for a Council work session. Some items for discussion will be bond refunding, the Health Department's response regarding the water connection fee and a third liquor store. School Board Meeting: At 6:30 p.m. on Tuesday, July 14th, the School Board is holding a meeting to discuss possible areas for cooperation between various units of government. This meeting is mandated by the State on a yearly basis. Most members of the Council indicated they intend to attend this meeting. Anoka County Letter Regarding CDBG Funds for 1993 - 1995: The Council must decide by October if the City will participate in the CDBG program through Anoka County or will compete directly for HUD funds. This matter will be discussed at the July 14th H.R.A. meeting. proposed Change to Assessment Policy: A memo was distributed to the Council from the Assessment Clerk with a draft proposal to be added to the Assessment Policy of the City. This proposed policy change was discussed. It was determined that the notices for the Public Improvement Hearing on July 28th should stay the same as they have always been. The proposed change will be discussed at the Hearing. b. Report of the City Attorney The City Attorney had nothing to report at this time. 11. APPROVAL OF LICENSE APPLICATIONS The City Manager advised that some of the food vendor licenses had been approved administratively and no Council action was required. REGULAR COUNCIL MEETING JULY 13, 1992 PAGE 12 Basil Weissner, owner of Premier Cab and Town Taxi, appeared before the Council to address the recommended denial of the taxi cab driver license application submitted by William Frank Green. Mr. Weissner stated that Mr. Green had a very good record of driving for his company and requested the Council to give his opinion some consideration. Members of the Council requested that staff gather information from other cities in which Mr. Green has been licensed and if their applications requested past violations information. The City Attorney suggested that Mr. Green should sign a "Release of Information" form which is available from the license clerk to obtain this information. Mr. Weissner will bring Mr. Green to the next Council Meeting on July 27th. Motion by Nawrocki, second by Clerkin to approve the license applications as listed upon payment of proper fees with the exception of the taxi cab driver's license for William Frank Green and that his application be tabled until the next regular Council Meeting. Roll call: All ayes ADJOURNMENT Motion by Ruettimann, second by Peterson to adjourn the meeting at 11:00 p.m. Roll call: All ayes ~fo-Anne Student, council Secretary