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