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HomeMy WebLinkAboutOctober 11, 1993OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 11, 1993 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 on the Consent Agenda were addressed by the City Council: Minutes of Previous Meetings The Council approved the minutes of the Regular Council Meeting of September 27, 1993 as presented. Variance - St. Matthew Church, 4101 Washington Street The Council approved the 21 foot front yard setback variance and one foot height variance to allow a new freestanding sign at 4101 Washington Street. St. Matthew Church - Request for Refund The Council denied the request of St. Matthew Church fo refund of the $50 fees paid for the filing of two variances for signage at 4101 Washington Street. "No Parking" Zone on the South End of Circle Terrace Boulevard The Council approved restricting parking on the east side from the driveway for 1200-1202 to a point 40' southeast of the northeast property corner of 1200-1202 and restricted parking on the west side from a point opposite the driveway of 1200- 1202 to the southwest corner of the property at 1207 Circle Terrace Boulevard based on the recommendation of the Traffic Commission. Traffic Pattern for Proposed Development Site at 37th Avenue and Fifth Street The Council approved the proposed site plan and traffic pattern for the proposed development at 37th Avenue and Fifth Street based on the recommendation of the Traffic Commission. Parking and Traffic Circulation for Proposed Expansion of Industrial Steer, 533 37th Avenue The Council approved the parking and traffic circulation pattern for the proposed expansion of Industrial Steel at 533 37th Avenue based on the recommendation of the Traffic Commission. REGULAR COUNCIL MEETING OCTOBER ll, 1993 PAGE 2 Authorization to Purchase Picnic Tables with Donated Funds o The Council authorized the purchase of six picnic tables from Flanagan Sales for $3,056.33 from funds donated by the Columbia Heights Athletic Boosters in Fund 883. Civil Defense Appreciation Dinner The Council authorized up to $2,000 to be spent from the Civil Defense budget to host an annual appreciation night for the Fire and Police Reserve Units. The Mayor and City Manager were authorized to enter into contracts as needed for this event. License Applications The Council approved the license applications as listed upon payment of proper fees. 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 Jerry Finney, 4645 Fifth Street, advised the Council that Habitat for Humanity is currently working on building a home at 1002 Gould Avenue. He inquired if consideration could be given to waive the construction fee as this organization is non-profit. The City Manager stated that staff will attempt to adjust the fee. Councilmember Nawrocki recalled that the parcel on Gould Avenue was owned by the City and donated to Habitat for Humanity. He inquired if consideration is being given to giving the home to a Columbia Height's resident. Joanne Finney, who serves on the Family Selection Committee for Habitat for Humanity, responded that inquiries have been received from both residents and non-residents. No selection has been made at this time. 6. PUBLIC HEARINGS/RESOLUTIONS/ORDINANCES a. Resolution No. 93-48; Charqes Levy of Private Construction REGULAR COUNCIL MEETING OCTOBER I1, 1993 PAGE 3 Motion by Clerkin, second by Nawrocki to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 93-48 Adopting assessment roll according to City Charter for the following ]ocal improvement and determining that said improvement has been made and ratifying and conforming all Private Construction Agreements and Petition and Waiver forms heretofore received: Special Assessment numbered 892, WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 p.m. on the llth day of October, 1993, in the City Council Chambers, 590 40th Avenue N.E., Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvements above described, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated and fixed the cost of such local improvements and has prepared an assessment ro]l therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVED: Section 1. That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Local Improvements" numbered 892. Section 2. That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefited by such improvement in an amount not less than the amount set opposite in the column headed "Total Assessment." And this Council further finds and determines that the proper proportion of the cost of such improvements to be especially assessed against such lot or parcel of land is the amount set opposite the description of each such lot or parcel of land respectively in said assessment roll. REGULAR COUNCIL MEETING OCTOBER 11, 1993 PAGE 4 Section 3. That said assessments may be paid in part or in full without interest on or before November 10, 1993, or in annual installments for a period of two years as designated on the assessment roll, payable on or before the 15th day of September, annually, with 9.5% interest thereon from date of levy. Failure to pay the annual installment renders the same delinquent and thereafter a 10% penalty is added and the said delinquent special assessment is certified to the County for collection with the real estate tax. Section 4. That this Council did hereby determine and redetermine to proceed with said improvement, does ratify and confirm all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known and numbered as Local Improvement numbered 892 - Project #9300. Section 5. This resolution shall take effect immediately upon its passage. Passed this llth day of October, 1993. Offered by: Seconded by: Roll call: Clerkin Nawrocki All ayes Mayor Donald J. Murzyn, Jr. Jo-Anne Student, Council Secretary b. Resolution No. 93-49; Beinq a Resolution Establishinq 1994 Business License Fees Councilmember Nawrocki observed that there is nothing in the resolution which reflects the actual costs of administering the license. Discussion continued regarding some parts of the fee structure which needed additional explanation. These items will be placed on the agenda of the next Council work session. Motion by Ruettimann, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 93-49 ESTABLISHING 1994 BUSINESS LICENSE FEES REGULAR COUNCIL MEETING OCTOBER 11, 1993 PAGE 5 WHEREAS: Ordinance No. 853, City Code of 1977, pertaining to commercial licensing regulations provides for the establishing of annual license fees; and, WHEREAS: The City has participated in a survey of metropolitan municipalities reGardinG business license fees .charged by other communities; and, WHEREAS: The City is attempting to maintain licenses which are comparable; and, business WHEREAS: The City annually reviews its business license fee schedule NOW, THEREFORE, BE IT RESOLVED that the attached proposed license fee schedule be adopted and effective January 1, 1994. Passed this llth day of October, 1993. Offered by: Seconded by: Roll call: Ruettimann Peterson All ayes Mayor Donald J. Murzyn, Jr. Jo-Anne Student, Council Secretary c. Resolution No. 93-50; Grant Program for Additional Police Officers Motion by Nawrocki, second by Clerkin to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 93-50 BEING A RESOLUTION SUPPORTING SUBMISSION AND AUTHORIZING BUDGET COMMITMENT TO THE FEDERAL POLICE HIRING SUPPLEMENTAL GRANT PROGRAM FOR TWO ADDITIONAL POLICE OFFICERS WHEREAS: The City of Columbia HeiGhts, Minnesota is applying to the Bureau of Justice Assistance for a Grant for two police officers to be used to further community oriented policing efforts of the Police Department; and REGULAR COUNCIL MEETING OCTOBER 11, 1993 PAGE 6 WHEREAS: Part of the criteria for granting this request requires a commitment on the part of the City Council to fund 50 percent of the salaries of the two officers over the three-year grant period and to continue these positions at the conclusion of the grant; NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights City Council agrees to match the funds required by the grant and to retain these positions at the conclusion of the three-year period. Passed this llth day of October, 1993. Offered by: Seconded by: Roll call: Nawrocki Clerkin All ayes Mayor Donald J. Murzyn, Jr. Jo-Anne Student, Council Secretary d. First Readinq of Ordinance No. 1277 Pertaininq to Licensinq of Gas Stations Motion by Peterson, second by Clerkin to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1277 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO LICENSING OF GASOLINE STATIONS The City Council of the City of Columbia Heights does ordain: Section 1: Section 5.208(1-6) of Ordinance No. 853, City Code of 1977 which reads as follows, to wit: 5.208(1) No person shall engage in or conduct the business of operating a gasoline filling station without a license issued pursuant to the provisions of this chapter. 5.208(2) Applicants for a license under this section shall indicate on the application the number of gasoline pumps to be installed on the premises. REGULAR COUNCIL MEETING OCTOBER 11, 1993 PAGE 7 5.208(3) The Clerk shall forward the application to the Chief of the Fire Prevention Bureau for a report indicating whether the proposed operation will be in compliance with all provisions of the Fire Prevention Code. 5.208(4) An applicant under this section shall furnish the clerk with a bond in the sum of $10,000 to indemnify and save harmless the City from and against any claims, damage or expense against the City by reason of the maintenance and operation of a Gasoline filling station on any portion of a public street, sidewalk or public way. 5.208(5) No licensee under this section or his agent or employee, shall fill or allow to be filled, the Gasoline tank of any motor vehicle while the engine or motor of such vehicle is running or in motion, or while any person is smoking in or about the pump area of the Gasoline filling station. 5.208(6) No licensee under this section, or his agent or employee, shall deceptively mislead customers by displaying false or incomplete price figures on signs that are designed to indicate the price of Gasoline. is herewith amended to read as follow, to-wit: 5.208(1) No person shall engage in or conduct the business of operating a Gasoline filling station without a license issued pursuant to the provisions of this chapter. 5.208(2) Applicants for a license under this section shall indicate on the application the number of Gasoline pumps, to be installed on the premises. 5.208(3) The Clerk shall forward the application to the Chief of the Fire Prevention Bureau for a report indicating whether the proposed operation will be in compliance with all provisions of the Fire Prevention Code. 5.208(4) No license under this section or his agent or employee, shall fill or allow to be filled, the Gasoline tank of any motor vehicle while the engine or motor of such vehicle is running or in motion, or while any person is smoking in or about the pump area of the Gasoline filling station. REGULAR COUNCIL MEETING OCTOBER 11, 1993 PAGE 8 5.208(5) No licensee under this section, or his agent or employee, shall deceptively mislead customers by displaying false or incomplete price figures on signs that are designed to indicate the price of gasoline. Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: October 11, 1993 Motion by Peterson, second by Clerkin to schedule the second reading of Ordinance No. 1277 for October 25, 1993. Roll call: All ayes e. Second Readinq of Ordinance No. 1278 Pertaininq to Lotsplit Motion by Ruettimann, second by Murzyn to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AS AMENDED, PERTAINING TO LOT SPLIT The City of Columbia Heights does ordain: Section 1: Chapter 9, Article IV, Section 7, Subdivision 2, of Ordinance No. 853, City Code of 1977, as amended, which currently reads as follows, to wit: 9.407(2) Whenever such "lot split" is to be made hereunder, such subdivision can be made without further platting with approval of the Council if the Council shall find that such subdivision facilitates and does not hinder the transfer and conveyance of the land; does not hinder the making of assessments and keeping of records connected therewith; does not result in the creation of any parcel (within or without the subdivision) of a size in area which is less than is required for purposes of construction of a building on such parcel under the zoning laws and building regulations of the City, and does not result in the creation of any parcel which is more than 10' less than the minimum lot width required by the Zoning Code for building on the said parcel. The Council must further find that the subdivision to be made is not made for the purpose of avoiding such conditions and restrictions with respect to the land as might be imposed upon a platting; REGULAR COUNCIL MEETING OCTOBER 11, 1993 PAGE 9 that the subdivision is in accordance with the goals of the prevailing zoning ordinances and City plan; and that the subdivision has provided such plans for drainage, streets, sewers, and other public utilities as is consistent with sound engineering and planning standards. is herewith amended to read, 9.407(2) Whenever such "lot split" is to be made hereunder, such subdivision can be made without further platting with approval of the Council shall find that such subdivision facilitates and does not hinder the transfer and conveyance of the land; does not hinder the making of assessments and keeping of records connected therewith; does not result in the creation of any parcel (within or without the subdivision) of a size in area which is less than is required for purposes of construction of a building on such parcel under the zoning laws and building regulations of the City, and does not result in the creation of any parcel which is less than the minimum lot width required by the Zoning Code for building on the said parcel. Any variances required or requested for said lot split, shall be sought and approved pursuant to Section 9.105(3) of the City Code. In no case shall a variance for lot width be granted so that any lot is less than 90% of the required lot width. Th Council must further find that the subdivision to be made is not made for the purpose of avoiding such conditions and restrictions with respect to the land as might be imposed upon a platting; that the subdivision is in accordance with the goals of the prevailing zoning ordinance and City plan; and that the subdivision has provided such plans for drainage, streets, sewers, and other public utilities as is consistent with sound engineering and planning standards. Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: Second reading: Date of passage: September 27, 1993 October 11, 1993 October 11, 1993 Offered by: Seconded by: Roll call: Ruettimann Murzyn All ayes Mayor Donald J. Murzyn, Jr. Jo-Anne Student, Council Secretary REGULAR COUNCIL MEETING OCTOBER 11, 1993 PAGE 10 f. Second Readinq of Ordinance No. 1279 Pertaininq to Lot Width Motion by Nawrocki, second by Ruettimann to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes Councilmember Nawrocki inquired if all possible alternatives had been looked at regarding lot widths. The City Manager referred the Council to the attached illustration which addressed possible configurations. He advised the minimum horizontal distance was the primary consideration. Councilmember Ruettimann requested that the illustration be added to the ordinance to it could be used as an appendix which addressed the "spirit" of the ordinance. The City Attorney stated that this could not be done in the body of the ordinance but can be accomplished with a resolution. He drafted the Resolution No. 93-51 which is a companion to Ordinance No. 1279. ORDINANCE NO. 1279 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AS AMENDED, PERTAINING TO LOT WIDTH The City of Columbia Heights does ordain: Section 1: Chapter 9, Article I, Section 3, Subdivision 47, of Ordinance No. 853, City Code of 1977, as amended, which currently reads as follows, to wit: 9.103(47) Lot Width: The maximum horizontal distance between the side lot lines of a lot measured within the first thirty (30) feet of the lot depth. is herewith amended to read, 9.103(47) Lot Width: The minimum horizontal distance between the side lot lines is measured at. the median point of the front yard setback line. Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. REGULAR COUNCIL MEETING OCTOBER 11, 1993 PAGE 11 First reading: Second reading: Date of Passage: Offered by: Seconded by: Roll call: September 27, 1993 October ll, 1993 October 11, 1993 Nawrocki Ruettimann AI~ ayes Mayor Donald J. Murzyn, Jr. Jo-Anne Student, Council Secretary The City Attorney read Resolution No. 93-5i which he drafted at Council request. RESOLUTION NO. 93-51 BEING A RESOLUTION DEVELOPING AN APPENDIX TO THE ORDINANCES OF THE CITY OF COLUMBIA HEIGHTS WHEREAS: The City of Columbia Heights has from time to time developed ordinances in and for the City of Columbia Heights; and WHEREAS: Certain ordinances required technical interpretation or explainations to implement the true meaning of said ordinances; and WHEREAS: It would benefit the understanding of some ordinances if there were developed an appendix attached to certain ordinances. NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights may from time to time attach to any ordinance an appendix to exhibit by instructing City staff to thereafter attach the same by approval of a majority of said Council. Said ordinance shall thereafter state that an appendix or exhibit is attached. Passed this llth day of October, 1993. Offered by: Seconded by: Roll call:' Ruettimann Nawrocki All ayes Mayor Donald J. Murzyn, Jr. Jo-Anne Student, Council Secretary REGULAR COUNCIL MEETING OCTOBER 11, 1993 PAGE 12 7. COMMUNICATIONS a. Post Office Truck Traffic Pattern The Planning Commission recommended that no action be taken on this matter. Councilmember Nawrocki took exception to no action being taken. Tyler Place, which is being used by Post Office trucks, is a residential street, and not one which should be used by heavy trucks. When the street is repaired benefitting properties are assessed. In the past the Post Office has refused to pay assessments as well as taxes. Counci]member Nawrocki suggested an alternative could be for the Post Office to make a separate access on the west side of the building adjacent to the outlet presently in place onto 44th Avenue. Councilmember Peterson felt the present arrangement was safer. He inquired if any state aid funding could be used for the upkeep of Tyler Place. The City Manager advised this use would not meet the criteria as Tyler Place does not connect with a state aid street on both ends. The City Attorney observed that trucks contracted for by the Post Office may not have the immunity granted to the Post Office which allows them to be used on residential streets. He will pursue this matter. Motion by Peterson, second by Ruettimann to direct staff to contact state and federal elected officials to aid Columbia Heights in this matter. The matters of overweight trucks being used and another access being available should be mentioned. Roll call: All ayes b. Parking and Traffic Circulation for Proposed Expansion of Radiator Shop - 4201 Central Avenue The owner of the business stated he would prefer to have a variance so he could locate his new building farther back on the lot. Then the dumpster could be placed in a location which would not require a curb cut on 42nd Avenue and also give him better use of his property. Discussion continued regarding what would be required if he placed his building at the eastern most point of the lot. This matter would also have to be reviewed by the Planning and Zoning Commission. REGULAR COUNCIL MEETING OCTOBER ll, 1993 PAGE 13 Motion by Ruettimann, second by Murzyn to table this item for further information. Roll call: All ayes b. Miske Building - HRA Action Councilmember Nawrocki stated that the HRA had taken action regarding the development of some property in a redevelopment area of Fifth Street and 38th Avenue. He felt the approval should have been subject to the concurrence of the City Council in that there was tax increment involvement. c. Action of Park Board Councilmember Nawrocki noted that the Park and Recreation Commission has waived fees for various school activites where City buildings were used. He has also noted that the City has paid fees for the use of some school facilities. He questioned the equity of this. Councilmember Ruettimann, who serves on the Park and Recreation Commission, advised that there are only costs for the use of school facilities by the City when they are used during "off" hours and the services of a janitor are necessary. He also advised these costs are subsidized by the Athletic Boosters. He noted that when there are costs associated with the School District using a City facility these costs are passed on to them. 8. OLD BUSINESS a. Police Department Command Staff Councilmember Nawrocki had requested information regarding members of the Police Department's command staff putting in one shift on patrol duty on a regular basis. This was a requirement passed by resolution. He felt the response from the Police Chief was not responsive to the resolution, particularly regarding the Sheffield Neighborhood. Councilmember Ruettimann noted that this is the only time the Council had mandated by resolution what hours an employee must work. Councilmember Nawrocki did not agree with this stating that its purpose was to have members of the command staff out on the street when problems are occuring. b. Alleged Violation Letter Members of the Council received a letter from a patron of Rainbow Foods and Walgreen Drug Store alleging improper treatment of one of his friends. REGULAR COUNCIL MEETING OCTOBER 11, 1993 PAGE 14 Members of the Council had contacted both of the stores regarding this matter. Mayor Murzyn had spoken to a representative of one of the stores but he felt the matter was not within the jurisdiction of the City to handle. Councilmember Nawrocki had spoken to a customer service representative at Rainbow Stores and the Manager of Walgreen's Drug and felt the issue had been satisfactorily handled. 9. NEW BUSINESS a. Gambling License Request - Box Seat A representative of the World Association of the Alcohol Beverage Industries, Minnesota Chapter, explained the purpose of the organization and the intended use of some of the profits which would be realized from the operation at the Box Seat. Discussion followed regarding what is required by City ordinance to qualify for a gambling license. Motion by Nawrocki, second by Ruettimann to direct the City Manager to advise the Minnesota Charitable Gambling Control Board that the City is denying the issuance of a gambling license to World Association of the Alcohol Beverage Industries, Inc., Minnesota Chapter, for gambling activities at Box Seat Sports Bar & Grill because it does not comply to City ordinance. Roll call: All ayes Members of the Council requested the City Manager to verify some information regarding the sports bar specifically relative to a liquor license approval, site plan approval and parking requirements. b. Final Payment for Municipal Project 9031 - Sealcoatinq Northwest Quadrant Motion by Peterson, second by Clerkin to accept the work for Municipal Project #9301 and to authorize final payment from Fund 415-59301-5130 to Bituminous Roadways, Inc. of Minneapolis, Mn. in an amount of $12,570.23. Roll call: All ayes c. Special Police Patrol in Sheffield Neighborhood Councilmember Nawrocki inquired what funds have been used to pay the costs to date associated with this police patrol. The City Manager advised the funds have been absorbed into the general fund budget using overtime money. Councilmember Nawrocki did not think this had been authorized. REGULAR COUNCIL MEETING OCTOBER 11, 1993 PAGE 15 Motion by Ruettimann, second by Peterson to amend Department Fund 101-42100 by an increase of $I3,768 for special patrol activity and an additional $6,037 for future drug enforcement activity totalling $19,805 with the source of such funding being Unallocated General Fund Balance. Roll call: All ayes d. Cable Rate Requlation Policies and Procedures Motion by Nawrocki, second by Clerkin to adopt the Rate Regulation Policies and Procedures dated September 30, 1993. Roll call: Ail ayes Establish Dates for Work Sessions Motion by Murzyn, secon by Ruettimann to establish the following dates and times for Council work sessions: October 18th at 7:00 p.m.; October 28th at 6:30 p.m.~ November 16th at 7:00 p.m.; and November 23rd at 7:00 p.m. The Canvass Meeting of the General Election is scheduled for November 3rd at 6:30 p.m. The work sessions are in addition to others already scheduled. Roll call: All ayes REPORTS a. Report of the City Manaqer The City Manager's report was submitted in written form and the following items were discussed: Section 8 Certificates: Currently, the City has 172 Section 8 certificates which is less than previous years. It was noted that the HRA's application to administer the City's Section 8 program was not successful. This will be again pursued. Metropolitan Council Representative: Councilmember Nawrocki has invited the City's Met Council representative to attend the November 22nd Council Meeting. Also invited are representatives of th Regional Transit Board, Parks and Open Space and Metropolitan Waste Control Commission. Meetinq with State Leqislators: The City Manager will arrange for local legislators to meet with the Council before the session convenes in February if so desired. Councilmember Nawrocki felt Local Government Aids and their impact on Columbia Heights should be discussed. REGULAR COUNCIL MEETING OCTOBER 11, 1993 PAGE 16 b. Report of the City Attorney The City Attorney addressed the status of a lawsuit being brought by Anoka County Judicare. The City's insurance carrier has declined to participate in the lawsuit noting that they do not write errors/omissions coverage. The City Attorney stated this is not an errors\omissions lawsuit. He will follow through on this matter. ADJOURNMENT Motion by Ruettimann, second by Clerkin to adjourn the meeting at 9:50 p.m. Roll call: All ayes May~r~~ ~~.' Jo-~h'~ Student, Council Secretary