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HomeMy WebLinkAboutDec 26, 1978OFFICIAL PROCEEDINGS REGULAR MEETING OF THE CITY COUNCIL CITY OF COLUMBIA HEIGHTS, MINNESOTA DECEMBER 26, 1978 The meeting was called to order at 8:00 p.m. Roll Call: Heintz, Norberg, Hentges, Nawrocki - Present INVOCATION The invocation was given by Councilman Norberg. MINUTES OF PREVIOUS MEETINGS Motion by Hentges, seconded by Norberg, that the minutes of the December ll regular meeting, the December 12 public hearing and the December 12 continued meeting be approved as presented in writing and reading be dispensed with. Roll Call: All Ayes ORAL PETITIONS The Mayor noted that there were two people present to answer any questions the Council might have regarding the license for Mother Tucker's Bar at 4010 Central. There were none. The license has been recommended for approval by staff and will be considered '.vith the other licenses at the proper point of the meeting. Mrs. Shellito, 402 Summit, stated she was at the assessment hearing of November 30. At that time she questioned whether her assessment was proper because the City had given the title company misinformation on pending assessments. The City Manager stated he has talked to Mrs. Shellito and indicated to her that the benefit accrues to the property and the property should be assessed. If there is recourse to any individual, it should be to the previous owner of the house. Councilman Heintz stated that the direction of the Council at the meeting of November 30 was that Mrs. Shellito be notified in writing and he asked why this had not been done. The City Manager stated the reasons and said he talked to Mrs. Shellito by phone. The Mayor asked that a copy of the City Attorney's opinion in the matter be given to Mrs. Shellito. The City Attorney noted that the assessment appeal process is so complex it would cost the City much more than the $100 assessment. He also stated he doesn't feel there is any negligence on the part of the City officials. Discussion followed on the claim, the process of appealing the assessment, and whether the property should be on the assessment rolls. Millie Carlson, City Assessor, stated that the property is benefited and should be assessed. She has contacted other communities and they all assess the benefiting property. Mayor Nawrocki commented that he personally feels that the assessment belongs on the property, but he doesn't like the fact that the Council's direction to contact Mrs. Shellito was not followed up on. December 26, 1978 Page 2 Motion by Norberg, seconded by Hentges, to concur that the property stays on tk,~, assessment rolls as recommended by the City Attorney. Discussion followed on the disclaimer on the assessment search done at the tinge of the sale of the property and whether the seller is sti]l liable after all these years. Roll Call: All Ayes Councilman Norberg stated he doesn't like the idea of the resident not getting the requ~sted information in writing. He thinks the City should take a ~nore positive approach. Motion by Heintz, seconded by Norber9, that whoever pays the assessment at 402 Summit be reimbursed in the amount of such payment, up to $107.62. Mayor Nawrocki stated he will vote against the motion because, whether the communication had been there or not after the assessment hearing, it did not change the responsibility of who should pay the assessment. The only thing he would like to see done is for the City Attorney to help Mrs. Shellito pursue this matter in the small claims court. Motion by Heintz, seconded by Nawrocki, to amend the motion that the City Attorney pursue the matter in the small claims court and if the money is recovered fron~ the, seller, it be reimbursed to the City. Councilman Norberg asked the City Attorney what position this puts the City in in the matter of precedents. The City Attorney responded that as far as a political precedent it may be troublesome, it would not however set a legal precedent. CoLintil man Norberg stated he would not accept the amendment. Ro]] Call on motion to amend: Heintz, Nawrocki - Aye Norberg, Hentges Nay Motion fails. Roll Call on original motion: Mot ion fails. Heintz, Hentges - Aye Norberg, Nawrocki Nay ~rs. Shellito requested that this be brought up again at the next m~eting wt:en there would be a ful! Council present. I1ayor Nawrocki stated he would not vote for a reconsideration of the matter based on the information he has so far and restated that the legal opinion is what he will go by. ORDINANCE:S: 1. Second Readin9 of Ordinance 896 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO REGULATION OF RESIDENTIAL STRUCTURES IN COMMERCIAL ZONE The City Council of the City of Columbia Heights does ordain: December 26, 1978 Page 3 Sect i on 1: Section 9.403(11) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently reserved, shall hereafter read as follows: "9.403(11) No structure within any commercial zone used for dwelling purposes at the time of passage of this Ordinance or thereafter may be converted to or used for any purpose other than as a dwelling without an alteration permit granted by the City Council pursuant to this section. Applications for alteration permits shall be treated procedurally in the same manner as an application for site plan approval; provided, however, that the Board of Appeals and Adjustments shall recommend approval or disapproval of the alteration plan, and the City Council shall finally approve or disapprove the alteration plan. In addition to providing all the information required when applying for site plan approval, an applicant shall submit a proposed depiction of the structure and site after completion of the proposed alteration. Additionally, an applicant for an alteration permit may be required before approval thereof to submit such plans as would ordinarily be required for issuance of a building permit. In recommending approval of the site plan, the Board of Appeals and Adjustments must make the following findings: (a) All structures, the site and the use of the site will conform to the district requirements for the use proposed after completion of the alteration in all respects under this Chapter. Upon completion of the alteration, the alteration must meet the prevailing zoning, building, fire and safety codes required for new construction under this Code. (b) If the both uses immediately adjacent on its facing side to the structure proposed to be altered are both residential, the proposed alteration must maintain the residential character of the site and the exterior of the structure proposed to be altered, or (c) If the both uses immediately adjacent on its facing side to the structure proposed to be altered are both commercial or if one use is residential and the other commercial, the proposed alteration must totally destroy the residential character of the site and the exterior of the structure proposed to be altered. In determining which of subsections 9.403(11)A or 9.403(11)B apply, the property use adjacent but across intervening streets or alleys shall govern, and parks, schools, churches, and City properties shall be considered residential uses. In making the determination of whether or not the proposed alteration will destroy or maintain the residential character of the site and structure to be altered, the City Council or the Board of Appeals and Adjustments, with the consent of the City Council, may employ architects and other experts to provide reports or testimony to assist in making such deter- mination. The review shall consider both the proposed site plan and the exterior of the proposed altered structure. The Board of Appeals and Adjustments may grant variances in recommending an alteration permit only if such variance meets the criteria contained in Section 9.503(4) and only if the Board makes findings in accordance therewith. December 26, 1978 Page 4 Section 2: Section 6.701(1) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows: "No person, firm or corporation shall remodel, reconstruct, add to, or otherwise alter any residential building now existing in any commercial zone for commercial use." is herewith amended to read as follows: "No person, firm or corporation shall remodel, reconstruct, add to, or otherwise alter any residential building now existing in any commercial zone for commercial use except as permitted by Section 9.403(11). No person, firm or corporation may occupy such building for other than dwelling purposes until all the requirements of Section 9.403(11) have been met and an occupancy permit shall have been granted." Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. Offered by: Norberg Seconded by: Hentges Councilman Heintz stated he would like (b) and (c) struck from the ordinance. He won't vote for it in this form because it puts too much of a burden on staff. Discussion followed on the requirements of the ordinance and whether it could stop a person from remodeling a house. The City Attorney stated that this only relates to conversions, there is another ordinance for remodeling. Roll Call: Norberg, Nawrocki - Aye Heintz, Hentges - Nay Ordinance fails. Mayor Nawrocki stated in the matter of Mrs. Shel]ito's request for another hearing before a full Council, he will vote for reconsideration of the motion that failed on a 2-2 vote, reserving his right to again vote against the motion but giving the full Council the opportunity to vote on the matter. He asked that it be put on the agenda again. 2. Second Reading of Ordinance 871 Relating to Overtime Parking BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, RELATING TO OVERTIME PARKING The City Council of the City of Columbia Heights does ordain: Section l: Section 7.203 of Ordinance No. 053, City Code of 1977, which is currently reserved, is amended to read as follows, to-wit: December 26, 1978 Page 5 No automobile, motor vehicle, recreational vehicle or trailer may be parked or left unattended on any public road or parkway within the City of Columbia Heights at any time from November 1 of any year until April 15 of the following year between the hours of 2:00 a.m. and 6:00 a.m. Section 2: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. Offered by: Hentges Seconded by: Heintz Councilman Hentges stated that this is an ordinance he has been trying to get passed for several years. Mayor Nawrocki stated he is against the ordinance because he isn't sure there is a pressing need for it. The City has a six hour ordinance presently and there are legitimate reasons why people park on the streets during these hours. He stated he sees no good coming for the City and some inconvenience for the people. Councilman Hentges restated his opinion that it would save the City crews from having to go out several times to plow the streets. Councilman Heintz stated that at least the City could plow from 2 to 6 and be sure there would not be cars on the streets. Motion by Heintz, seconded by Hentges, to table this matter until the next regular meeting. Roll Call: Heintz, Nawrocki - Aye Norberg, Hentges --~Nay Motion fails. Motion by Norberg, seconded by Hentges, to table. Discussion followed on how to bring this from the table at a future meeting. Councilmen Norberg and Hentges withdrew their motion to table. Motion by Norberg, seconded by Hentges, to table further consideration of this matter until the regular meeting of January 22. Roll Call: Heintz, Norberg, Hentges - Aye Nawrocki - Nay PLANNING AND ZONING COMMISSION RECOMMENDATIONS: 1. Mr. John Guzik, (4972 Yukon Ave. N.) 3817 Hayes St. N.E. Subdivision Request - Appeal from Denial The City Manager stated that this item was denied by the Planning and Zoning Commission. Councilman Heintz stated the reason the Planning and Zoning denied this request and other similar requests in the past, is because of lack of access to the rear property. Mr. Guzik passed out copies of the survey of the proposed lot showing a private easement to be used by both properties. Discussion followed on the size of the ease- ment and possible problems it would cause. Motion by Heintz, seconded by Norberg, that the appeal be denied. Roll Call: All Ayes December 26, 1975 Page 6 2. Dr. Frank DeMello (6134 Woody Lane, Fridley) 3717 Reservoir Blvd. Conditional Use Permit Request This request is to locate a dental practice at 3717 Reservoir Boulevard. The Planning and Zoning Commission recommends its approval with two stipulations. Motion by Heintz, seconded by Norberg, that the conditional use permit be granted based on the recommendation of the Planning and Zoning Commission with the following stipulations: the driveway in the front of the house be widened to accomodate two parking spaces, 20 feet. 2. a sidewalk be installed leading from the parking lot to the rear of the house. Dr. DeHello stated there is enough parking on the property and he doesn't feel more should be required. Discussion followed on how many parking spaces are required, and what wou'ld happen if Dr. DeMello would change the number of dentists in the building. Councilman Norberg stated this is an encroachment on the residential property and he isn't sure the Council should permit this. He thinks the Council should consider not granting the conditional use permit. The Mayor commented that the adjacent use is a chiropractor's office, across the street is a Shell gas station, and the neighbors have signed a petition supportive of the request. He will support the request. Dr. DeMello is appealing the requirement that he widen the front parking spaces from 16I to 20' The City Attorney stated that the design capacity of the building is sufficient for two dentists and Dr. DeMello can be required to have six parking spaces according to the ordinance. Councilman Norberg stated he felt the property should be rezoned and he will not vote for the request. Councilman Hentges stated he will not vote for the motion if Dr. DeMe]lo won't put in the additional space for the driveway. Roll Cal]l: Heintz, Nawrocki - Aye Norberg, Hentges - Nay Motion fails. RECESS at: 10:45 p.m. RECONVENE at ll:O0 p.m. Motion by Hentges, seconded by Heintz, to reconsider the matter of the conditional use permit for 3717 Reservoir Boulevard. Roll Call: Heintz, Hentges, Nawrocki - Aye Norberg - Nay Motion by Hentges, seconded by Heintz, to grant the conditional use permit as conditioned on the following: the driveway in the front of the house be widened to accomodate two parking spaces, 20 feet. December 26, 1978 Page 8 2. a sidewalk be installed leading from the parking lot to the rear of the house. 3. to limit the parcel to one staff dentist. Discussion continued on the parking spaces provided and required and how many would have to be for the handicapped. Roll Call: Heintz, Hentges, Nawrocki Norberg - Abstain Aye NEW BUSINESS: 1. Denial of License for Mady's Bowling Lanes The City Manager stated that the staff recommendation is that Mady's license be denied based upon the information submitted by the building inspector and the fire chief. There are hazards inherent in the building and continued use of the building would greatly endanger users of the bowling alley. There is an alternative of approving the license but set a date for a public hearing to revoke the license on July 9 and in that way the owner and tenant have six months in which to effect the required changes. This would also give the alley time to complete its present league season. Councilman Heintz stated he didn't feel the license should be denied to the businessman because the owner hasn't complied with the recommendation and added that an extension of time should be given to accomplish the changes. Don Johnson, Fire Chief, stated that this problem dates back to Febraury of 1976 when the owners were first informed. Mr. Mady received his first letter in July of 1978. Councilman Norberg questioned the respective liabilities of the Council, the City, and the inspectors if a disaster would occur in the building after the license was approved. The City Attorney stated that cities and councils cannot be held liable for discretionary acts. The inspectors could be liable depending on how flagrant the violation is and what failures in protection the inspectors neglected. The City, Council and inspectors are insured from the financial liability standpoint. Gene Mady stated that he was shown a copy of the letter to the owners in July and took care of some of the items himself. He heard nothing from that time until he came to get his license this month. Mayor Nawrocki read a letter dated December 21 from Twin City Insurance Agency stating their inspection of the bowling lanes showed no infractions in their opinion. The City Attorney stated that the fire code adopted a couple of years ago would require sprinklers for this type of use. This is part of an occupancy code and cannot be "grandfathered". Discussion followed on the possibility of putting Mr. Mady's rent in excrow and using that money for the sprinkler system. Mayor Nawrocki asked what the potential impact would be of enforcing the code on the rest of the community. Councilman Norberg questioned whether Mr. Mady would be responsible for paying for the sprinkler system. Mr. Mady stated his lawyer will try to determine this but he wouldn't want to be shut down while this is being done. Discussion continued on the alternatives to the six month recommendation of approving the license and setting a public hearing date for revocation of the license. December 26, 1978 Page 9 Motion by Hentges, seconded by Heintz, to grant the license application for Mady's Bowling Lanes for the year 1979. Motion by Norberg to amend to add "to call a hearing on possib]e revocation of said license on Monday, March 12, 1979." Motion dies for lack of a second. Motion by Heintz, seconded by Hentges, to amend that the public hearing for possible revocation of the license be July 16, 1979 at 7:00 p.m. at a special Council meeting called for that purpose. Roll Call on motion to amend: Roll Call on amended motion: All Ayes All Ayes Motion by Heintz, seconded by Nawrocki, to extend the meeting until 12:30 a.m. Roll Call: Heintz, Hentges, Nawrocki - Aye Norberg - Abstain RESOLUTIONS: 1. Resolution Regarding Salaries and Fringe Benefits for Members of Local ]7, Bartenders and Waitresses RESOLUTION 78-68 REGARDING SALARIES AND BENEFITS FOR MEMBERS OF LOCAL #17 (LIQUOR EMPLOYEES) BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, that: WHEREAS, negotiations have proceeded for several months between the Hotel and Restaurant Employee and Bartender's Union, Local #17 representing employees of the City's liquor operation, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract, for the calendar year ]979, NOW, THEREFORE, BE IT RESOLVED that the contract agreements as negotiated, be and are hereby established as the salary and fringe benefit program for 1979 for members of the Columbia Heights Liquor Department BE IT FURTHER RESOLVED, that the Mayor and City Manager be authorized to execute this agreement. Passed this 26th day of December, ]978. Offered by: Heintz Seconded by: Hentges Roll Call: All Ayes December 26, 1978 Page 10 2. Resolution Regarding Wages, Hours, and Other Conditions of Employment for Police Sergeants RESOLUTION 78-69 REGARDING SALARIES FOR POLICE SERGEANTS BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights, that WHEREAS, the following shall cover the wages, hours, and other conditions of employment for the Sergeant job classification in the Columbia Heights Police Department: Stipulation I: Work Schedules The normal work year is two thousand and eighty (2,080) hours to be accounted for by each Employee through: a) hours worked on assigned shifts b) holidays c) assigned training d) authorized leave time. Stipulation I1: Insurance The Employer will contribute up to a maximum of seventy-five dollars ($75.00) per month per employee toward health and life insurance during 1978. The Employer will contribute up to a maximum of eighty dollars ($80.00) per month per employee toward health and life insurance during 1979. Employees not choosing dependent coverage cannot be covered at Employer expense for any additional insurance than the individual group health and group life insurance. Additional life insurance can be pur- chased by employees at the employee's expense to the extent allowed under the Employer's group policy. Stipulation Ill: Uniforms The Employer shall provide required uniform and equipment items. Stipulation IV: Injury on Duty Employees injured during the performance of their duties for the Employer and thereby rendered unable to work for the Employer will be paid the difference between the Employee's regular pay and Worker's Compensation insurance payments for a period not to exceed ninety (90) working days per injury, not charged to the employee's vacation, sick leave, or other accumulated paid benefits, after a five (5) working day D,:cember 26, 18~8 ,-age Il initial waiting period per injury. The five (5) working day waiting period shall be charged to the employee's sick leave account less Worker's Compensation insurance payments. Stipulation V: Holidays In lieu of holidays, employees shall be ~aid eleven (I1) eight hour days per year. Stipulation VI: Funeral Leave Employees are allowed funeral leave of up to three (3) days with pay for death in the immediate family, as defined in Paragraph #3 of Stipulation VIII. Stipulation VII: Vacation Each permanent and probationary employee shall accrue vacation time on the following basis: )on completion of one year 3on comp]etion of 2nd through 5th year )on completion of 6th through loth year )on completion of ]l years )on completion of 12 years )on completion of 13 years 3on completion of 14 years )on completion of ]5 years 10 days 10 days per year 15 days per year 16 days per year 17 days per year 18 days per year 19 days per year 20 days per year Any employee leaving the municipal service in good standing after giving proper notice of such termination of employment shall be compen- sated for vacation leave accrued to the date of separation. Vacation leave is intended as a period of rest and relaxation and may not be waived by an employee for the purpose of receiving double pay. Stipulation Vlll: Sick Leave Sick leave shall be earned by all permanent and probationary employees at the rate of one (1) working day for each calendar month of full time service or major fraction thereof. Sick leave shall not be available for use by probationary employees until satisfactory completion of the initial probationary period. Promotional probationary employees may make use of sick: leave, however, the probationary period may be extended a like per- iod of time at the discretion of the Employer. Sick leave may be accumulated to a maximum of 120 days. One-half (½) of the sick leave in excess of 120 days shall be granted as additional vacation leave the calendar year after such surplus is earned. Sick leave may be granted only for absence from duty because of persona] illness or disability, legal quarantine, or serious illness in the immediate family. The immediate family is defined as the fo]]owlng kin of the employee: spouse, children, mother, father, sister, brother, grandparents, grandchild, or spouse's mother, or spouse's father. December 26, 1978 Page 12 Severance pay equivalent to one third (1/3) of accumulated sick leave will be paid upon retirement, or death, to the employee's beneficiary. Stipulation IX: False Arrest Insurance False arrest insurance will be provided for all Sergeants by the Employer. Stipulation X: Wage Rates During 1978, Employees with O - 12 months service: $1,740.O0/month Employees with over 12 months service: $1,840.OO/month During 1979, Employees with O - 12 months service: $1,860.OO/month Employees with over 12 months service: $1,970.OO/month Stipulation XI: Term of Resolution This Resolution shall be effective as of January l, 1978, except as herein noted, and shall remain in full force and effect until the thirty- first day of December, 1979, only when signed by the followin9 named Sergeants: Royhl Hedblad Donald Lohse Robert Jendro John Marchiniak NOW, THEREFORE, BE IT RESOLVED that the above changes be effective immediately only after all employees in the Sergeants Classification have signed this resolution. Passed this 26th day of December, 1978. Motion by Norberg, seconded by Nawrocki? that the reading be dispensed with as ample copies were avilable to the public. Roll Call: All Ayes Discussion on several conditions of the resolution. December 26, 1978 Page 13 Offered by: Seconded by: Roll Call: Heintz Norberg Heintz, Norberg, Nawrocki I Aye Hentges - Abstain At 12:45 a.m. the Mayor declared the meeting recessed until 7:30 p.m., Wednesday, December 27, 1978. ~ouncil SecretaFy ~ru~ce G. Nawrocki, Mayor