HomeMy WebLinkAboutSeptember 27, 1993OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS BOARD OF TRUSTEES
VOLUNTEER RELIEF ASSOCIATION
SEPTEMBER 27, 1993
CALL TO ORDER
Mayor Murzyn called the Board of Trustees Meeting to order at
10:15 p.m.
2. ROLL CALL
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Se
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Nawrocki, Clerkin, Ruettimann, Peterson, Murzyn - present
APPROVAL OF MINUTES
Motion by Nawrocki, second by Ruettimann to approve the
minutes of the Volunteer Relief Association - Board of
Trustees Meeting of August 23, 1993. Roll call: All ayes
RECOMMENDATIONS FOR RELIEF ASSOCIATION MEMBERSHIP
Motion by Ruettimann, second by Peterson to have the Fire
Department Volunteer Relief Association Board of Trustees take
official action to accept Ronald E. Teorey, Jason E. Johnson,
and Michael J. Meisen as members of the Association effective
September 13, 1993. Roll call: Ail ayes
TERMINATION OF GUY DEMARS
Motion by Peterson, second by Clerkin to remove the name of
Guy N. DeMars from the roster of the Volunteer Fire Department
Relief Association effective August 13, 1993. No Relief
Association benefits have been accrued. Roll call: All ayes
ADJOURNMENT
Motion by Nawrocki, second by Clerkin to adjourn the Board of
Trustees Meeting at 10:17 p.m. Roll call: All ayes
Mayor Donald J. Murzyn, Jr.
o-Anne Student, Council Secretary
OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
SEPTEMBER 27, 1993
The Council Meeting was called to order at 7:00 p.m. by Mayor
Murzyn.
ROLL CALL
Nawrocki, Clerkin, Ruettimann, Peterson, Murzyn - present
2. PLEDGE OF ALLEGIANCE
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CONSENT AGENDA
The following items on the Consent Agenda were addressed by
the City Council:
Minutes of Previous Meetinqs
The Council approved the minutes of the Regular Council
Meeting of September 13, 1993 and the Special Meeting of
September 22, 1993 as presented.
License Applications
The Council approved the license applications as listed upon
payment of the proper fees.
Payment of Bills
The Council approved the payment of the bills as listed out of
proper funds.
4. APPROVAL OF CONSENT AGENDA
Motion by Nawrocki, second by Clerkin to approve the Consent
Agenda as presented. Roll call: All ayes
OPEN MIKE/PROCLAMATIONS/PRESENTATIONS
Mayor Murzyn read and signed a proclamation designating the
week of September 27, 1993 to October 2, 1993 as Waste
Reduction Week.
Mayor Murzyn read and signed a proclamation designating the
month of October as Polish American Heritage Month. He
presented the proclamation to Cas Burzinski and Dolores Strand
who were representing the Sister City Committee.
Anoka County Sheriff Ken Wilkinson was in attendance to update
the Council as to the activities in the Sheriff's Department
and the continuing work relationship with the Columbia Heights
community. Members of the Council and staff had received a
copy of the Sheriff's annual report earlier in the year.
REGULAR COUNCIL MEETING
SEPTEMBER 27, 1993
PAGE 2
The Sheriff briefly reviewed some of the crime statistics in
Anoka County and discussed some of the special services
available in law enforcement for Anoka County municipalities.
He noted that crime has increased in all communities.
The resident at 4216 Seventh Street addressed some of his
concerns regarding the funding source for ACCAP. Councilmember
Nawrocki stated that the source of authority for this body to
operate as a non-profit organization does not relate to its
funding. The resident had cited the non-profit status of the
Anoka County Realtors Association which is supported by
members.
6. ORDINANCES/RESOLUTIONS/PUBLIC HEARINGS
a. Resolution No. 93-46 - Cash Awards Competition - NOD
Motion by Murzyn, second by Peterson to waive the reading of
the resolution there being ample copies available for the
public. Roll call: All ayes
RESOLUTION NO. 93-46
BEING A RESOLUTION AUTHORIZING AND SUPPORTING SUBMISSION OF AN
APPLICATION TO THE 1993 NATIONAL ORGANIZATION ON DISABILITY
COMMUNITY CASH AWARDS COMPETITION
WHEREAS, The Mayor and City Council recognize the importance
of increasing the participation of people with disabilities in
all aspects of life;
WHEREAS, Castle Heights Playground, a community-based project
built by over 1,500 volunteers provides a safe play area with
universal acces/ integrated throughout the entire playscape,
and addresses the needs of children who are visually impaired,
hearing impaired, physically disabled and/or developmentally
disabled;
WHEREAS, The Mayor and City Council supports efforts to
enhance the Castle Heights Playground, as well as other City
parks and playground areas in order to increase participation
of people with disabilities;
THEREFORE, BE IT RESOLVED, that the Mayor and City Council
authorize and support the submission of an application to the
1993 National Organization on Disability Community Cash Awards
Competition.
REGULAR COUNCIL MEETING
SEPTEMBER 27, 1993
PAGE 3
Passed this 27th day of September, 1993.
Offered by:
Seconded by:
Roll call:
Murzyn
Peterson
All ayes
Mayor Donald J. Murzyn, Jr.
Jo-Anne Student, Council Secretary
Resolution No. 93-47 - Access to Safe Deposit Boxes
Councilmember Nawrocki felt it would be appropriate to
continue the Council's awareness as to who has access to the
City's safe deposit boxes. This resolution would not achieve
that.
Motion by Nawrocki, second by Ruettimann to deny approval of
the resolution.
Discussion continued regarding the inclusion of staff names in
the resolution. Motion was withdrawn. Councilmember Nawrocki
read the amended resolution which included the staff names and
positions of those who will have access to the safe deposit
boxes.
RESOLUTION NO. 93-47
RESOLUTION DESIGNATING PERSONS WHO HAVE ACCESS TO SAFE DEPOSIT
BOXES
WHEREAS, the City Council previously designated the following
persons and positions to have access to safe deposit boxes at
Northeast State Bank:
Stuart Anderson
William Elrite
June Johnston
Gary Braaten
City Manager
Finance Director
City Accountant
Accounting Clerk II
WHEREAS, there has been a change in the position of City
Manager,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COLUMBIA HEIGHTS:
REGULAR COUNCIL MEETING
SEPTEMBER 27, 1993
PAGE 4
That the City Council authorizes the proper members or
officers designated below to secure, by rental agreement from
Northeast State Bank, safe deposit boxes, and for any one of
the officers designated to have access thereto:
Patrick Hentges
William Elrite
June Johnston
Gary Braaten
City Manager
Finance Director
Assistant Finance Director
Accounting Coordinator
BE IT FURTHER RESOLVED that these persons or officers replace
those designated at a regular meeting of the City Council held
on the 26th day of May, 1992.
Passed this 27th day of September, 1993.
Offered by:
Seconded by:
Roll call:
Nawrocki
Ruettimann
All ayes
Mayor Donald J. Murzyn, Jr.
Jo-Anne Student, Council Secretary
c. Second Reading of Ordinance No. 1270 Pertaininq to
Conditional Use Permits
Motion by Murzyn, second by Peterson to waive the reading of
the ordinance there being ample copies available to the
public. Roll call: All ayes
ORDINANCE NO. 1270
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF
1977, AND PERTAINING TO CONDITIONAL USE PERMITS
The City of Columbia Heights does ordain:
Section 1: Section 9.105(5)(g) of Ordinance No. 853, City Code
of 1977, which is currently reserved, shall be amended to
hereafter read as follows, to wit:
9.105(5) Conditional Use Permit
(g) Exceptions:
REGULAR COUNCIL MEETING
SEPTEMBER 27, 1993
PAGE 5
(i)
Accessory Structures: Any conditional use permit
for an accessory structure that is 120 square feet
or less and that has been applied for properly and
pursuant to Section 9.105(5)(b) may be Granted by
the Zoning Administrator, provided that said
accessory structure will not be detrimental to the
Comprehensive Plan or the development of the
surrounding neighborhood. Decisions of the Zoning
Administrator are appealable pursuant to Section
9.105 (3).
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 13, 1993
September 27, 1993
September 27, 1993
Offered by:
Seconded by:
Roll call:
Murzyn
Peterson
All ayes
Mayor Donald J. Murzyn, Jr.
Jo-Anne Student, Council Secretary
d. Second Reading of Ordinance No. 1272 Pertaining to Non-
Conforming Siqnaqe
Motion by Peterson, second by Ruettimann to waive the reading
of the ordinance there being ample copies available for the
public. Roll call: All ayes
Councilmember Nawrocki felt that some of the requirements of
the ordinance may encourage property owners and business
owners to delay any improvements to their property. He also
felt the $5,000 requirement was questionable.
ORDINANCE NO. 1272
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF
1977, AS AMENDED, PERTAINING TO NON-CONFORMING SIGNAGE
The City of Columbia Heights does ordain:
Section 1: Section 9.117A(2)(b) of Ordinance No. 853, City
Code of 1977, which currently reads as follows to wit:
REGULAR COUNCIL MEETING
SEPTEMBER 27, 1993
PAGE 6
9.117A(2)(b) Signs which are lawfully in existence and in use
prior to and on July 13, 1981, may remain in use until July
13, 1993, even though such signs do not conform with Section
9.117A of the City Code.
is herewith amended to read:
9.117A(2)(b) Signs which are lawfully in existence and in use
prior to and on July 13, 1981, may remain in use even though
such signs do not conform with Section 9.117A of the City
Code. However, all such non-conforming signs will be required
to be brought into strict compliance with Section 9.I17A of
the City Code if any one of the following should occur:
(i) if application is made for building permits for the
property, equal to or Greater than $5,000 in estimated
construction costs;
(ii) if the non-conforming sign comes into disrepair such
that, in the opinion of the zoning administrator, it requires
significant repairs or replacement;
(iii) if the sign face requires replacement (i.e. change of
tenant, etc.); and/or
(iv) if the property is sold.
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 13, 1993
September 27, 1993
September 27, 1993
Offered by:
Seconded by:
Roll call:
Peterson
Ruettimann
Clerkin, Ruettimann, Peterson, Murzyn -
aye
Nawrocki - nay
Mayor Donald J. Murzyn, Jr.
Jo-Anne Student, Council Secretary
Second Reading of Ordinance No. 1274 Pertaining to Flood
Plain
REGULAR COUNCIL MEETING
SEPTEMBER 27, 1993
PAGE 7
Motion by Ruettimann, second by Peterson to waive the reading
of the ordinance there being ample copies available for the
public. Roll call: All ayes
ORDINANCE NO. 1274
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF
1977, AS AMENDED, PERTAINING TO FLOOD PLAIN
The City of Columbia Heights does ordain:
Section 1: Chapter 9, Article 3, Section 11, of Ordinance No.
853, City Code of 1977, as amended, which currently reads as
follows, to wit:
9.311.13. The cost of any structural alterations or additions
to any nonconforming structure over the life of the structure
shall not exceed 50 percent of the market value of the
structure unless the conditions of this section are satisfied.
The cost of all of the community's initial flood plain
controls must be calculated into today's current cost which
will include all costs such as construction materials and a
reasonable cost placed on all manpower or labor. If the
current cost of all previous and proposed alterations and
additions exceed 50 percent of the current market value of the
structure, then the structure must meet the standards of
Section 9.304 and 9.305 of this ordinance for a new structure
depending upon whether the structure is in the Floodway or
Flood Fringe, respectively.
is herewith amended to read
9.311.13 The cost of any structural alterations or additions
to any nonconforming structure over the life of the structure
shall not exceed 50 percent of the market value of the
structure unless the conditions of this section are satisfied.
The cost of all structural alterations and additions
constructed since the adoption of the community's initial
flood plain controls must be calculated into today's current
cost which will include all costs such as construction
materials and a reasonable cost placed on all manpower or
labor. If the current cost of all previous and proposed
alterations and additions exceed 50 percent of the current
market value of the structure, then the structure must meet
the standards of Section 9.304 and 9.305 of this ordinance for
new structures depending upon whether the structure is in the
Floodway or Flood Fringe, respectively.
REGULAR COUNCIL MEETING
SEPTEMBER 27, 1993
PAGE 8
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 13, 1993
September 27, 1993
September 27, 1993
Offered by:
Seconded by:
Roll call:
Ruettimann
Peterson
All ayes
Mayor Donald J. Murzyn, Jr.
Jo-Anne Student, Council Secretary
f. First Reading of Ordinance No. 1278 Pertaining to Lot
Split
The City Manager explained the purpose of the ordinance.
Councilmember Nawrocki requested the City Attorney to add some
clarifying language and to add a section which addressed lot
width. The ordinance was discussed later in the meeting.
Out of courtesy to cable representatives in attendance, the
next item was moved up on the agenda.
9. b. Notification to Cable Company of Violation of Franchise
and Assessment of Fines
The franchise violations were explained. A representative of
Meredith Cable stated that the company intends to install
stereo capabilities.
Councilmember Nawrocki noted that the cable company has
quickly implemented rate increases and changes which were
beneficial to the company. He felt that the violations should
be acknowledged by drawing the allowable penalties from the
Letter of Credit.
Motion by Ruettimann, second by Murzyn to refer the request
for a variance to the Columbia Heights/Hilltop Cable
Commission for their review and recommendation and to direct
staff to notify Meredith Cable that they are in violation of
Section 11.106(4) of the cable franchise ordinance and that
penalties will continue to accrue from July 2, 1993, but will
not be assessed until the City Council acts on the variance
request. Roll call: Clerkin, Ruettimann, Peterson, Murzyn -
aye Nawrocki - nay
REGULAR COUNCIL MEETING
SEPTEMBER 27, 1993
PAGE 9
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COMMUNICATIONS
There were no communications.
8. OLD BUSINESS
a. Authorization to Purchase IBM AS400
Councilmember Nawrocki felt the Council should receive more
information on alternatives to this purchase. He also
suggested that some of the information given regarding the
current computer system had been presented inaccurately. His
concern about the use of General funds for this purchase was
noted as well.
Motion by Clerkin, second by Ruettimann to authorize the
purchase of an IBM AS400 computer system for $38,424 based on
the state contract price; to authorize the sale of the IBM
System 36 at a price of approximately $4,000 based on informal
bids; and to amend the 1993 budget in line item 101-41510-5170
by $9,424 and in line item 101-41510-3050 by $3,700 with funds
to come from unreserved general fund balances. Roll call:
Clerkin, Ruettimann, Peterson, Murzyn - aye Nawrocki - nay
b. Authorization to Replace Wooden Window Sills and Door
Frames at Library
Councilmember Nawrocki felt the timeframe for receiving bids
was too short and that the large spread in the bids reflected
poor bidding. He was supportive of rejecting all bids received
and pursue further information regarding construction.
Motion by Peterson, second by Ruettimann that Bid No. 3,
Extruded Aluminum System as submitted by Hoffer's Inc. for
$13,518 be accepted, and to amend the 1993 budget in line item
101-41940-5120 by $5,518 from unreserved fund balance. Roll
call: Clerkin, Ruettimann, Peterson, Murzyn - aye Nawrocki -
abstain
c. Supplemental Agreement to Increase/Decrease Quantities
for Project #9300 - Miscellaneous Concrete
Councilmember Nawrocki felt some sidewalk was replaced which
did not warrant replacing. He had requested a list of the
sidewalks which were designated as hazardous.
REGULAR COUNCIL MEETING
SEPTEMBER 27, 1993
PAGE 10
Motion by Ruettimann, second by Peterson to approve
Supplemental Agreement #1 to the Miscellaneous Concrete
Contract, Project #9300; and furthermore, to authorize the
Mayor and City Manager to enter into an agreement for the
same. Roll call: Clerkin, Ruettimann, Peterson, Murzyn - aye
Nawrocki - nay
d. Action Items Regarding Sheffield Neighborhood
In July the Council approved Resolution No.
addressed certain concerns and requested
regarding the Sheffield Neighborhood.
93-30 which
some actions
Councilmember Nawrocki reviewed t~he six actions staff was
required to undertake in this resolution and inquired as to
any follow up action.
The City Manager responded there will be a report on the use
of a two man patrolling squad car; the use of part time
licensed reserves will be discussed at the October 4th Council
work session; currently the levying of charges for excessive
police calls is being reviewed; there will be a report
forthcoming regarding prisoner transport; the information
about federal funding grants has been received by the Police
Chief and submitted to the Mayor for his review; and, a log
will be obtained which reflects the field time spent by the
Police Chief and Captain.
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NEW BUSINESS
a. Establish Hearing Date for License Revocation, Rental
Property
All five members of the City Council have looked at the
property at 3911 Tyler Street owned by Dave Nelson. Discussion
followed regarding the history of violations and violation
letters sent to Mr. Nelson.
Motion by Nawrocki, second by Murzyn to establish a hearing
date of October 25, 1993 to authorize revocation, suspention
and/or other appropriate disposition of the license to operate
a rental unit(s) within the City of Columbia Heights against
Mr. Dave Nelson regarding rental property at 3911 Tyler Street
on the basis of the uncorrected items indicated on attachment
D as discussed at this meeting with Mr. Nelson. Roll call: All
ayes
REGULAR COUNCIL MEETING
SEPTEMBER 27, 1993
PAGE 1!
The Building Inspector was requested to meet with Mr. Nelson
to review items still needing correction and to respond to any
questions he may have regarding the need for permits, footings
and step repair.
Ordinances/Resolutions (continued)
The City Attorney drafted two ordinances which addressed a
lotsplit and lot width. The City Manager read the newly-
drafted ordinances. Councilmember Nawrocki suggested the first
reading of these ordinances be held tonight. He requested they
be reviewed by the Planning and Zoning Commission before their
second reading.
ORDINANCE NO. 1278
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF
1977, AS AMENDED, PERTAINING TO LOT SPLIT
The City of Columbia Heights doe 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 w~thout 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;
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,
REGULAR COUNCIL MEETING
SEPTEMBER 27, 1993
PAGE 12
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: September 27, 1993
Motion by Nawrocki, second by Murzyn to schedule the second
reading of Ordinance No. 1278 for October 11, 1993. Roll call:
All ayes
The City Manager read Ordinance No. 1279 which was drafted by
the City Attorney.
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:
REGULAR COUNCIL MEETING
SEPTEMBER 27, 1993
PAGE 13
9.103(47) Lot Width: The maximum horizontal distance between
the side lot lines of a measure within the first
thirty (30) feet of the lot depth.
is herewith amended to read,
9.103(47) Lot Width: The minimum distance between the side
lot lines measured at the front yard set back.
Section 2: This ordinance shall be in full force and effect
from and after thirty (30) days after its passage.
First reading: September 27, 1993
Motion by Nawrocki, second by Murzyn to schedule the second
reading of Ordinance No. 1279 for October 11, 1993. Roll call:
All ayes
New Business (continued)
HRA 1994 Goals and Job Description
Councilmember Nawrocki inquired if the issues of the HRA goals
and 3ob description could be added to the October 4th Council
work session agenda. The City Manager responded that this
agenda is already quite busy. It was decided these items could
wait.
10.
REPORTS
a. ~.eport of the City Manaqer
The City Manager's report was submitted in written form and
the following items were discussed:
Establishment of Council Work Session: Motion by Nawrocki,
second by Peterson to establish a Council work session for
October 4, 1993 at 8:00 p.m. Roll call: All ayes
City Meetinq Schedules: Coun¢ilmember Nawrocki mentioned the
recent snafu regarding meeting notices being received by
members of the City Council. The City Manager's report
included mention of his plan to have meeting notices delivered
in a timely manner.
REGULAR COUNCIL MEETING
SEPTEMBER 27, 1993
PAGE 14
b. Report of the City Attorney
The City Manager gave the status of two lawsuits in which the
City is currently involved. The first has been referred to the
City's insurance company. An answer is expected on the second
by October 4th.
ADJOURNMENT
Motion by Nawrocki, second by Peterson to adjourn the meeting
at 10:15 p.m. Roll call: All ayes/~/~,~ ~~
_ F
Mayor ~)~nal'd J. Mur~Fyr~, J~.
~udent'~ Council Secretary