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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 e Se e 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 o 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 o 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. o 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