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HomeMy WebLinkAboutOct 12, 1976OFFICIAL PROCEEDINGS REGULAR MEETING OF THE CITY COUNCIL CITY OF COLUMBIA HEIGHTS, MINNESOTA OCTOBER 12, 1976 The Meeting was called to order at 8:07 p.m. Roll Call: Logacz, Heintz, Norberg, Nawrocki--present Hentges--absent Mayor Nawrocki noted that Councilman Hentges was at another meeting and would join the Council at a later time. Motion by Norberg, Seconded by Heintz to name Karen DeBruin secretary for the meeting. Roll Call: All Ayes INVOCATION Invocation was given by Reverend Minehart of Community United Methodist Church. MINUTES OF PREVIOUS MEETING Motion by Heintz, Seconded by Logacz to approve the minutes of the September 27 meeting as presented in writing and the reading be dispensed with. Roll Call: All Ayes PAYMENT OF BILLS City Manager Watson asked the Council if they would delete bill number 19436 to the Anoka County Treasurer from the list of bills. He explained the reason for this as being that a portion of the check was for tax records which the County agreed to supply free of charge. He noted that another check would be issued in the proper amount and would be on the list of bills for the next meeting. Mayor Nawrocki asked that bill number 18104 to Northwestern Bell Telephone, which was stricken from the list at a previous meeting, be put on this list for payment. Mayor Nawrocki also asked that bill number 18547 to Dunkley Surfacing be taken off the list because his question regarding the completion of the seal coat project had not yet been anwered. Mr. Watson noted that the question had been referred to the Engineering Department. Discussion was also held on bill number 18521 to an auto body shop. Mr. Watson explained that several months ago a piece of grader blade had been broken off a city vehicle and had stuck in the snow. A privately owned automobile struck this grader blade and was asking the City to pay this bill, which was to be reimbursed by the insur- ance company of that individual. It was suggested that this bill go directly to the insurance company. October 12, 1976 Motion by Logacz, Seconded by Heintz to pay the bills as listed out of their proper accounts, with the exception of bills 1852l, 18436, and 18547 which would be stricken from the list; and bill number 18104. Roll Call: All Ayes BIDS ON HOUSE AT 547 MILL STREET Mr. Watson noted that at the bid opening on September 30, only one bid had been received; this being in an amount of $50 from Mr. Robert Bossart of 4220 6th Street Northeast. Mr, Watson noted that he had been contacted by another couple who would be interested in the house, and he also noted that there was another party who was interested but had not bid because of the short amount of time which had been allotted for the house to be moved after the award of bid. Motion by Logacz, Seconded by Norberg that the bid received on the Schwartz house at 547 Mill Street be rejected because the figure is not believed to be responsive to the value of the property. Roll Call: All Ayes Motion by Norberg, Seconded by Logacz to authorize the City Manager to ca]] for bids on the Schwartz house at 547 Mill Street. Roll Ca]]: All Ayes It was noted that an advertisement for bids on the Schwartz house should appear in the Minneapolis paper, as well as the Sun newspaper. The bids will be opened on November ]O, 1976 at 2:00 p.m. BIDS ON LOT ON 38TH AVENUE (APPROXIMATE ADDRESS-S70 38TH AVENUE) Mr. Watson noted that Mr. Bossart was the only bidder on the lot, he had bid it in conjunction with the house at 547 Mill Street. Mr. Bossart had offered $4,690 for the lot. Mr. Watson recommended rejection of the bid since there was no commitment for a structure to be placed on it at this time. Motion by Heintz, Seconded by Norberg to reject the bid for the property at 570 3~th Avenue. Roll Ca]]: All Ayes OTHER BIDS Mr. Watson informed the Council that he would like to advertise the Tema house at 627 38th Avenue for sale along with the house at 547 Mill Street. October 12, 1976 Motion by Logacz, Seconded by Heintz to authorize the City Manager to call for bids on the house at 627 38th Avenue. Mayor Nawrocki asked if the house met requirements in terms of size. Building Inspector Arden Hovland stated that the overall size of the house would, but that he was not sure about individual rooms. Roll Call on Motion: Logacz, Heintz, Norberg, Hentges--aye Nawrocki--nay Mayor Nawrocki noted that he did not see the advantage to the community to move the house somewhere else. SECOND READING OF ORDINANCE 856 AMENDING THE BOND ORDINANCE The second reading of the ordinance was held. Councilman Norberg asked if the ordinance needed a 4/5 vote to pass. Mr. Watson replied that this was correct. Councilman Norberg noted that he was opposed to the ordinance in principle, but he was aware that Councilman Hentges was in favor of it, so he would vote aye for Councilman Hentges, since the ordinance would have been passed if it were not for his absence. Ordinance Offered by Logacz, Seconded by Heintz. Roll Call: All Ayes REQUEST FOR AN ALLEY LIGHT BETWEEN 44TH AVENUE AND 45TH AVENUE THIRD STREET AND UNIVERSITY AVENUE Mr. Watson noted that this request had come from Mr. Slininger of 4429 Third Street because of vandalism occurring in the area. He suggested holding a hearing on November 8. He noted that this alley light was an assessable item and there was some general discussion on this. Motion by Norberg, Seconded by Heintz to authorize the City Manager to call a special meeting for the purpose of a hearing on alley lighting from 44th Avenue to 45th Avenue, Third Street to University Avenue, on Monday evening, November 8 at 7:00 p.m. before the regular meeting of the City Council. Roll Call: All Ayes REQUEST TO PURCHASE ONE HUNDRED MAPLE TREES Mr. Gustafson, Public Works Director, noted that he had become aware of hard maple trees between eight and twelve feet in height that the City could purchase for approximately $8.00 each. October 12, 1976 Mr. gustafson noted that the trees were not nursery stock but had been growing in the wild. He noted that these trees would not be p]anted on boulevards and in parks immediate]y. He explained that they would be p]anted between the tennis courts and the railroad ditch in Huset Park until they were a little older. Mr. Gustafson also stated that the trees would cost about $35 each if purchased from a nursery, and the City could acquire ]OO for $800 delivered cost. Mayor Nawrocki stated that he thought this was a very good idea. Motion by Logacz, Seconded by Norberg to authorize the City Manager to expend up to $800 for Maple Trees. Roll Call: All Ayes REQUEST FOR PAINT PURCHASE Mayor Nawrocki noted that Councilman Hentges had been interested in this item and he deferred it until Councilman Hentges joined the meeting. PLANNING AND ZONING ITEMS: RAYNOLD BARTOS--4807 WASHINGTON STREET VARIANCE FOR GARAGE ADDITION Motion by Heintz, Seconded by Logacz to approve the variance for a garage addition for Rayno]d Bartos of 4807 Washington Street, as recommended by the Planning and Zoning Commission. Roll Call: All Ayes Councilman Norberg noted that the hardship would be the steep grade. Mayor Nawrocki asked if something was wrong with the ordinance governing variances and so forth since a hardship always had to be shown in order to grant the variance. He said that maybe a change should be considered. Attorney Kalina noted that there may be a problem with this because then everyone would be entitled to have their request granted and there would be no source of control. BRIDGEMAN~S--APPEAL FROM DENIAL REQUEST FOR VARIANCE FOR SIGN This item was deferred until later in the meeting because the representative from Bridgeman's was not yet present. October 12, 1976 CHARLES OLSON--4056 JEFFERSON STREET REQUEST FOR A SET BACK VARIANCE Motion by Heintz, Seconded by Norberg to grant the variance to Charles Olson as recommended by the Planning and Zoning Commission. Roll Call: All Ayes Councilman Norberg noted that the hardship was based upon the existing structures and the narrow shape of the lot. TRAFFIC COMMISSION ITEM: RECOMMENDED PLACEMENT OF A '~NO U TURN" SIGN AT 47TH AVENUE AND JEFFERSON STREET Motion by Norberg to refer this item back to the Traffic Commission for a hearing. Councilman Heintz noted that both ends of the divided section on Jefferson Street should be signed for No U Turn. Attorney Kalina noted that the legality of a U turn for that location must be considered. He explained that 1000 feet visibility is needed to make a U turn. It was noted that the request for the signage came from the Police Chief. The motion to refer the matter back to the Traffic Commission was seconded by Heintz. Roll Call: All Ayes Mayor Nawrocki stated that the matter of legality should be checked and reported to the people at the public hearing. PROCLAMATION DECLARING SATURDAY, OCTOBER 30, 1976 TO BE IIHALLOWEEN" IN THE CITY OF COLUMBIA HEIGHTS~ MINNESOTA I, Bruce G. Nawrocki, Mayor of the City of Columbia Heights do hereby declare Saturday, October 30, 1976 to be "Halloween" in the City of Columbia Heights and do further recommend to all our citizens to exercise extra care in driving that evening in anticipation of encourtering many costumed '~ghosts and goblins" along the streets of our community. Mr. Watson informed the Council of the Shade Tree Advisory Committee Meeting for 9:00 a.m. Monday, October 18 at the State Office Building. He noted that Mr. Rozmark of the Park Department would be attending. He also noted that he would like to attend. October 12, 1976 Councilman Norberg asked if a presentation by the City of Columbia Heights would be made. Mr. Watson answered that he may speak on the disposal of diseased trees. Councilman Heintz asked about inquiring about the possibility of having the state give the City trees or subsidizing the City for them. Mayor Nawrocki noted that the meeting sounded like one called for public comment on proposed regulations and that this should be checked out. Mayor Nawrocki forwarded some information on Dutch Elm disease programs to Vern Rozmark, who is working as the City's coordinator on this project. LICENSES There was some discussion on the license applications, but it was decided to defer further consideration of these until after the recess. RECESS 9:16 P.M. RECONVENE 9:44 P.M. LICENSES There was discussion on the license application for Mr. Vanick for on and off sale beer at 4002 Central Avenue (Grand Central Station). It was noted that a condition of the license was that the applicant be a resident of Columbia Heights. Mr. Vanick noted that he could establish residency within three months. Motion by Heintz, Seconded by Logacz to grant the licenses as listed upon payment of proper fees and that the license for Mr. Vanick for 4002 Central Avenue be contingent on his establishing residency in the City of Columbia Heights within ninety days. Roll Call: All Ayes PLANNING AND ZONING ITEM: BRIDGEMAN~S--APPEAL FROM DENIAL REQUEST FOR VARIANCE FOR SIGN Mr. Hark Raische of Leroy Signs was at the meeting to present the appeal of Bridgeman's for a variance for a sign. Mr. Raische apologized that the representative from Bridgeman's was not present, but he explained that he was called out of town. Mayor Nawrocki commented that Mark Raische was not the property owner of the property in question. October 12, 1976 Mr. Watson noted that the Planning Commission, in acting upon this request, noted that the proposal as set forth by Bridgeman's did create a sign that was smaller, more aesthetic, and more desirable for the area. It was further noted that in order to be consistent with past requests of a similar nature (specifically, Car X Systems) it was decided that this request should be denied. Mr. Watson sketched the existing sign and the proposed sign on the blackboard in order to compare size. The present sign is 254½ square feet per face. The proposed sign would be 88 square feet per face, considerably smaller. The present ordinance allows for 100 square feet per face, with a total of up to 150 square feet on both sides. The total of the proposed sign is 176 square feet. Councilman Logacz noted that he felt the proposed sign would be a definite improvement, but a problem existed in that a committee was currently working on finalizing a sign ordinance for consideration by the City Council. He spoke about the proposed ordinance and noted that there was a possibility that free standing signs such as the one proposed would be eliminated. He further noted that if this was done, a grade period of up to five years would be allowed for businesses to take down their signs. Councilman Hentges joined the meeting at 9:58 p.m. Mr. Raische noted that Bridgeman's would be willing to take the sign down after a reasonable grace period, should this stipulation go into effect. Councilman Norberg noted that the sign could not be granted under the present ordinance unless a justification or hardship could be shown. Mr. Raische noted that Bridgeman's was not in the same position as Car X Systems because when Car X requested their sign, it was already up, they had to fight for it. He noted that Bridgeman's had not yet constructed the sign they were asking for. Mayor rlawrocki noted that this sign would be a step in the right direction, it would be more aesthetic. Councilman Norberg noted that the Council had no base on which to grant the variance. Attorney Kalina noted that this was true. He explained that the present Bridgeman's sign was legal because it existed prior to the adoption of the sign code. October 12, 1976 Mayor Nawrocki argued that this proposed sign was smaller than the present one; therefore making it less objectionable. Mayor Nawrocki instructed the attorney to draft an amendment to the ordinance to make signs in cases such as this a]]owab]e. He noted that this should be done because it creates a lesser non-conforming sign than presently existing. He suggested that the property owners who changed their signs could sign an agreement to go along with the provisions of whatever sign ordinance would be passed in the future. There was much discussion on this suggestion. Motion by Norberg, Seconded by Heintz to deny the appeal for a variance for a sign for Bridgeman~s. Roll Call: Logacz, Heintz, Norberg, Nawrocki--aye Hentges--nay Mayor Nawrocki asked about the amendment to the ordinance. Motion by Hentges to instruct the City Attorney to draft an ordinance amending the present sign ordinance to allow construction of signs which would be lesser non-conforming because of their size and which would require concurrence by the owner of any such replacement sign to agree to abide by any changes that may come about by new ordinances governing signs. This motion was seconded by the Chair. Councilman Heintz noted that he understood the plight and the situation at this location but he fe]t it would be like "opening the Pandora's box." He also disagreed with the grammatical use of "lesser non-conforming~' to describe the situation. He did not feel it meant what it was intended to mean. Councilman Norberg noted that consideration of this ordinance could delay anything that might be done on the proposed ordinance as drafted by the Sign Code Committee. Mayor Nawrocki disagreed. Roll Call on Motion: Logacz, Heintz, Hentges, Nawrocki--aye Norberg--nay October 12, 1976 REQUEST FOR PAINT PURCHASE Public Works Director Gustafson explained that the priming of the exterior of the service center building took less paint than what had been purchased, so the interior of the building was primed. He noted also that total costs have been under what was anticipated. He explained that he would like to purchase 25 gallons of paint for the ceiling over the mechanics workbays to help eliminate lighting costs on bright days. The balance of the ceiling would require an additional 85 gallons of paint with the ultimate purchase request being $1,O10.44. Councilman Hentges suggested going further and painting also the bottom half of the building. Motion by Norberg, Seconded by Logacz to authorize the City Manager to expend $1,O10.44 to paint the interior of the Service Center. Mayor Nawrocki asked how much additional paint would be needed to carry out Councilman Hentges' suggestion. This item was carried over until computations could be made. REQUEST TO REPLACE A WHITE WAY LIGHT STANDARD ON 4OTH AVENUE Mr. Watson noted that the light standard was knocked down by a party who's insurance company would re-imburse the City for the replacement. He further noted that the replacement would cost $875. Motion by Heintz, Seconded by Norberg that the City Manager be authorized to expend up to $875 to replace a white way standard at 4Oth Avenue and 4th Street subject to agreement of the insurance company of the driver who knocked it down. Roll Call: All Ayes REQUEST FROM FIRE CHIEF TO ATTEND THE CAN-AM AND MINNESOTA STATE FIRE CHIEFS ASSOCIATION CONFERENCE IN ALBERT LEA ON OCTOBER 21 THROUGH 23 Motion by Hentges, Seconded by Logacz to authorize registration and expenses for the Fire Chief to attend the Can-Am and Minnesota State Fire Chiefs Association Conference in Albert Lea on October 21 through 23. Roll Call: Logacz, Heintz, Hentges, Nawrocki--aye Norberg--abstain REQUEST FROM SEWER AND WATER SUPERINTENDENT TO ATTEND A CONFERENCE ON WASTE WATER COLLECTION AND TREATMENT AT MADISON WISCONSIN ON NOVEMBER 8 THROUGH 10 Motion by Norberg, Seconded by Logacz to authorize registration and expenses for the Sewer and Water Superintendent to attend a conference on Waste Water Collection and Treatment at Madison, Wisconsin on November 8 through 10. Roll Call: All Ayes October 12, 1~)7~ Mr. Gustafson reported that it would cost approximately an additional $517 to complete the painting in the Service Center. The main motion as stated previously in the meeting is: Motion by Norberg, Seconded by Logacz to authorize the City Manager to expend $1,010.4~ to paint the interior of the Service Center. Motion by Hentges, Seconded by Heintz to amend the motion to include an additional $517 for paint to complete the painting of the basement of the Service Center. Roll Call on Amendment: All Ayes Roll Call on Main Motion including amendment: All Ayes CONSIDERATION OF TIME SCHEDULE ON REGULAR MEETINGS Mr. Watson noted that this item was placed on the agenda at the request of some of the Council members. Councilman Heintz asked if the present schedule of meetings (second and fourth Mondays of the month at 8:00 p.m.) was set up by resolution. It was noted that the regular meetings were set up by resolution as called for in the Charter, and special meetings were set up by specific Council actions. Councilman Heintz spoke of the possibility of starting regular meetings at 7:00 p.m. and conducting no official business after 12:00. He said the first and third Mondays could be used for additional meetings if needed. He noted that the Council members all have regular full time jobs that they are responsible for and the staff are also expected to be at work doing their jobs. Councilman Norberg noted that the Council's discussions seem to expand to fill the available time. He noted that adding on to meetings or having more would just cause more discussion. He noted that he would like to see some procedural changes when it comes to last minute items. Councilman Heintz suggested that people who walk in to Council meetings with problems should be referred to the staff. It was also suggested that the City Manager be knowledgeable about all items on the agenda or which may come up and be prepared to make recommendations and explanations, or have someone at the meeting who can. Councilman Logacz stated that he believed the effectiveness of the Council and the staff is lessened, both at the meeting and the next day at work, when meetings run late. He noted that the day of a meetin( is a long stretch to be effectively functioning and it's very tiring. October 12, 1976 It was noted that it takes time to resolve problems. Councilman Heintz was asking the City Manager to prepare the agenda in such a way so that no new items of business come up after midnight. Councilman Logacz suggested that the Council try to limit themselves instead of making major procedural changes. Mayor Nawrocki began a lengthy presentation in which he stated that he would never vote for the kinds of limitations being proposed. He explained that he would '~rather be accused of letting a meeting run too late than cutting a meeting too short." He would not consciously try to cut anyone off. He emphasized that he believes in conducting public business at public meetings. He also said that people have different ideas of what is repetitious and what it meaningful. He also mentioned the idea of freedom of speech being a major part of representative government. He noted that he tries to take care of citizens with items on the agenda at an early time so they are not made to wait. He also noted that the Council gets paid for what they are doing. He told the staff that if the business is cut off on one night, it will have the tendency to be carried over to the next night. Mayor Nawrocki then noted that the Council had an option based on parliamentary procedure: to move to limit debate on a particular subject. If seconded and passed, this motion would make it necessary to end the discussion and possibly take some kind of action on what was being discussed. Councilman Heintz noted that no one was saying that they did not believe in the right to freedom of speech. Councilman Logacz noted that he brings items of concern which other Council members might bring up under "Old and New Business'l directly to the staff. Mayor Nawrocki again spoke of public business at a public meeting. Motion by Norberg, Seconded by Logacz to limit debate on this subject. This motion was not recognized by the Chair, but it was noted that the Council would now go on to Old and New Business. Councilman Norberg noted that he had not contacted the County on the matter of payroll deductions which was discussed at the last meeting. Mayor Nawrocki noted that it had been taken care of, and that the County would be instituting the desired changes at no charge. October 12, 1976 Mayor Nawrocki noted that a letter was sent to Hayors, City Managers, and County Commissioners in Anoka County concerning the proposed ordinance regarding restricting alcohol in parks to poll their opinions and see what enforce- ments they are using, if any. FIRST READING OF ORDINANCE 858 BEING AN ORDINANCE RELATING TO CERTAIN REPLACEMENT SIGNS IN THE CITY OF COLUMBIA HEIGHTS The first reading of this ordinance was held. This is the ordinance the attorney had been instructed to draft earlier in the meeting. Motion by Heintz, Seconded by Norberg to refer this ordinance to the Planning and Zoning Commission for their recommendation. Roll Call: All Ayes The Council was reminded of the general membership meeting of the Association of Metropolitan Municipalities on October 21 at the Brooklyn Center Civic Center. It was noted that voting would be held on legislative policies. Mr. Watson reminded the Council of the joint meeting of the Council and the Park Board scheduled for 8:00 p.m. on October 13. Mr. Watson noted that he had received the appraisal on the Johnson house at 545 Mill Street. There was some discussion on grade problems on construction sites in the City. Mr. Gustafson reported on slopes and embankments. Motion by Norberg, Seconded by Logacz to adjourn at 12:35 a.m. Roll Call: Logacz, Norberg--aye Heintz, Hentges--nay Nawrocki--abstain Mayor Nawrocki then change0: was adjourned. his vote to aye angl the mee/ting Bruce G. Nawrocki, Mayor Se~'r~ ta ry