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HomeMy WebLinkAboutAug 27, 1979OFFICIAL PROCEEDINGS REGULAR MEETING OF THE CITY COUNCIL C-I'TY OF COEUHBIA HEIGHTS, MINNESOTA AUGUST 27, ]979 The meeting was called to order at 8:00 p.m. Ro11 Call: Logacz, Heintz, Norberg, Hentges, Nawrocki - Present INVOCATION The invocation was given by Councilman Norberg. Mayor Nawkocki announced that he met this afternoon with Congressman Martin Sabo who informed him that the City's grant application for the proposed parking ramp as part of the downtown development has been approved by the EDA. MINUTES OF PREVIOUS MEETINGS Motion by Heintz, seconded by Logacz, to approve the minutes of the regular meeting of August 13, the recessed meeting of August 14, and the special meeting of August 20 as presented in writing and reading be dispensed with. Motion by Norber9, seconded by Hentges, to amend to include that a corrected copy of Resolution 79-29 Setting Salaries for Members of the Fire Department for the years ]979 and 1980 be published in the Sun newspaper. Roll Call on amendment: A11 Ayes Ro11 Call on Amended motion: Al1 Ayes ORAL PETITIONS Mrs. Priscilla Ve]in, 5150 Rainier' Pass, presented a proposal for the reform of animal control laws and asked that the Council consider the proposal. This matter will be on the agenda of the next meeting. ORDINANCE REGARDING ON STREET PARKING This was the subject of a well attended meeting of the Council last week. Based on the comments heard at that meeting, two proposed ordinances were drafted for consideration. City Attorney Kalina stated that the first proposed ordinance is identical to the one passed by the Council but is in effect only from November 1 to April 15. The second proposed ordinance repeals the present ordinance. Mrs. Walton McCain, 44]6 4th St., read a proposed ordinance she had drafted for the Council's consideration. Several other residents spoke against the ordinance as passed. Councilman Heintz asked for a committee including the Council, the City Manager and the Police Chief to look at the present ordinance and the proposed ones to come up with a recommendation that would be workable for the City. August 27, 1979 Page 2 Councilman Norberg suggested having a first reading of the ordinance restricting on street parking between November 1 and April 15 and added that it could be amended at the second reading. Councilman Heintz rioted that if the ordinance is amended drastically,, a first reading will have to be held again. Discussion continued on whether or not the present ordinance would be enforced after September 4 when it takes affect. Councilman Logacz stated that a compromise may be in order and that the Council should meet to consider the suggestions which have been made. Councilman Norberg stated that delaying at this point would put everybody in a bind. A lengthy discussion followed on the proposed ordinance and the present one. Mayor Nawrocki exp]ained the options open to the Council and the time it would take for a new ordinance to go into effect. He added that he personally felt the old six hour ordinance was sufficient but feels there should be a requirement for removing cars from the street during snow plowing. Motion by Heintz, seconded by Logacz, that the Mayor appoint a committee to study the ordinance and proposed ordinances and come up with a recommended ordinance by the first meeting in October. Motion by Norberg, seconded by Hentges, to amend to call for the first reading at this time of the ordinance calling for parking restrictions from November 1 to April 15. Councilman Norberg stated he wants to get something concrete started. Roll Call on amendment: Norberg, Hentges, Nawrocki Logacz, Heintz - Nay Aye Roll Call on amended motion: All Ayes Motion by Norberg, seconded by Hentges, to dispense with the reading of the ordinance as sufficient copies were available to the public. Roll Call: All Ayes ORDINANCE 905 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 1: Section 7.205 (13) of Ordinance No. 853, passed June 21, 1977, which reads as follows, to-wit: "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 between the hours of 2:00 a.m. and 6:00 a.m. without a parking permit issued by the Chief of Police or his designated representative." August 27, 1979 Page 3 "The Chief of Police may only issue such permits to applicants only upon the following conditions: (a) No more than five (5) such requests in any calendar month may be made for t:he same address. (b) The Chief of Police determines that the issuance of such permits will not impede the plowing or removal of any snow, ice or waste from such public road or parkway. (c) The permit will only allow the parking of vehicles at such locations as is designed by the Chief of Police. (d) The permit may be revoked by the Chief of Police if the Chief of Police later discovers that the subject vehicle will impede the plowing or removal of snow, ice, or waste from the location of the vehicle; provided, however, that the Chief of Police shall give notice of such revocation by posting a notice to that effect on the subject vehicle for not less than two (2) hours. (e) No permit shall be valid for a period in excess of four (4) hours. (f) No permit shall be valid unless clearly displayed upon the per- mitted vehicle. Any act of the designated representative of the Chief of Police shall be construed as the act of the Chief of Police for purposes of this Section 7.205(13)." is herewith amended to read as follows, to-wit: "No automobile, motor vehicle, recreational vehicle, or trailer may be parked or left unattended on any public street, road, highway, or parkway within the City of Columbia Heights at any time between the hours of 2:00 a.m. and 6:00 a.m. from 2:00 a.m. on November 1 of each year and 6:00 a.m. on April 15 of the next succeeding year without a parking permit issued by the Chief of Police or his designated representative. "The Chief of Police may only issue such permits to applicants only upon the following conditions: (a) No more than five (5) such requests in any calendar month may be made for the same address. (b) The Chief of Police determines that the issuance of such permit will not impede the plowing or removal of any snow, ice or waste from such public road or parkway. (c) The permit will only allow the parking of vehicles at such locations as is designed by the Chief of Po]ice. August 27, 1979 Page 4 (d) The permit may be revoked by the Chief of Police if the Chief of Police ]at:er discovers that the subject vehicle will impede the plowing or removal of snow, ice, or waste from the ]ocation of the vehicle; provided, however, that the Chief of Police shall give notice of such revocation by posting a notice to that effect on the subject vehicle for not less than two (2) hours. (e) No permit shall be valid for a period in excess of four (4) hours. (f) No permit shall be valid unless clearly displayed upon the per- mitred vehicle. (g) Any act of the designated representative of the Chief of Police shall be construed as the act of the Chief of Police for purposes of this Section 7.205(13). Section 2: Section 7.301(3) of Ordinance No. 853, passed June 21, 1977, which reads as follows, to-wit: "No vehicle may be impounded solely because it is parked in such a manner as to constitute a violation of Section 7.205(]3) except: (a) between 2:00 a.m. on November 1 and 6:00 a.m. on April 15 of the next succeeding year, and (b) at least three and one-half inches (3-1/2") of snow has accumulated vJithin the travelled portion of any roadway at any point not greater than fifteen feet (15') from any part of the subject vehicle. is hereafter amended to read as follows, to-wit: "7.301(3) No vehicle may be impounded solely because it is parked in such a manner as to constitute a violation of Section 7.205(13) unless at ]east three and one-half inches (3-1/2") of snow has accumulated within the travelled portion of any roadway at any point not greater than fifteen feet (15') from any part of the subject vehicle." Section 13: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. RECESS at 9:45 p.m. RECONVENE at 10:05 p.m. WENDY'S/DENNY'S PROPOSAL Mr. Bob Pace, representing the developer, explained the proposed development including green area, public access, type of restaurant, and what changes were made since the last meeLing so that the development would meet the City's requirements. August 27, 1979 Page 5 Councilman Heintz asked what happened to the development of the buffer area Mr. Walquist, as previous developer, stated would be created. The City Manager answered that Mr. Walquist stated the work will be done, some of it in conjunction with further development. Councilman Heintz stateed that the subject of the green area should go back to the Planning and Zoning Commission and to the neighbors for further discussions because it is not the same as the people had agreed on previously. The project's architect stated that the topography of the green area is in agreement with the City Engineer's grades as previously agreed on by the Council. Mayor Nawrocki pointed out that when this property was subdivided the matter of the buffer strip was considered in detail and was supposed to have been completed last spring. This plan was never carried out. Discussion followed on the buffer area and why it hasn't been developed to date. City Attorney Kalina stated that this is the time to force the Walquist agreement to install the plantings. Councilman Norberg suggested that the Councii follow the City Manager's suggestion to withhold approval of this piecemeal development of the buffer area and tell the Wendy/Denny people that their case is with Mr. Walquist and when they have settled that they should come back to the Council. The items which the Wendy/Denny developer changed to comply with the Planning and Zoning requirements were gone through individually. Mayor Nawrocki inquired as to whether the plan was amended to meet the loading zone requirements. Planner Carlson responded that the plan was now in compliance with loading zone requirements but that the amended plan had not been reviewed by the Planning and Zoning Commission. Mayor Nawrocki inquired as to whether or not public access had been provided to the open space provided on the site. Planner Carlson and Mr. Pace both indicated that th open space plan had been amended to provide public access. Mr. Carlson also indicated the plan submitted to the Planning and Zoning Commission did not show such access to the open space area. Mayor Nawrocki asked whether the detailed covenants had been supplied as required by the ordinance. City Attorney Kalina responded that he was handed a sheet of paper during the meeting entitled Agreements, Provisions and Covenants and that the document failed to meet even the minimum requirements of the ordinance in that neither a conveyance to a public agency or trustees nor any other method of enforcement was offered. He further stated that the Planning and Zoning Commission had been given no opportunity to review the covenants. Mayor Nawrocki inquired of Fire Chief Johnson as to whether the fire access was adequate. Chief Johnson stated that access for fire trucks and emergency vehicles appeared adequate on the plan. Mayor Nawrocki inquired as to whether or not the pedestrian pathways and recreational areas have not been incorporated into the plan. Mr. Pace showed a new plan that did show walkways through the easterly portion of the property. August 27, 1979 Page 6 Hr. Carlson stated that this was different than the plan shown to the Planning and Zoning Commission. Hayor Nawrocki added that this plan was consistent with the promises that Walquist had made on behalf of the Ostlunds when the property was platted. City Attorney Kalina responded that the Planning and Zoning Comm'ission might want to review the new Norman Dyer plan in conjunction with the promises made by Walquist giving the neighborhood adequate notice to come to the meeting and express opinion. Hayor Nawrocki asked whether or not a specific development schedule had been provilded as required by ordinance. Hr. Carlson advised that it had been supplied since the time of the Planning and Zoning Commission meeting. City Attorney Kalina added that the open space/green area was not scheduled for completion prior to the balance of the development despite promises by the Walquists that the trees would be restored by the spring of ]~7~. Hayor Nawrocki stated that he felt that the promises to restore the trees which were removed by Ostlunds should be fulfilled prior to a]lowing other development. He felt that the Planning and Zon;ng Commission should review the new open space plan along with the Walquist plan and review all this new material and make a recomr~'endation back to the Council in accordance with the ordinance. Mayor Nawrocki noted that the Council's options are to grant the requested appeal, to send it back to the Planning and Zoning Commission to review the additional information which has been presented, to deny the request, or to table the matter and have the developer settle with Mr. Wahlquist on the development of the buffer zone. Mr. Pace asked that the Council either approve the request subject to Mr. Wahlqui complying with the landscaping as presented to the residents or to deny the entire package so they can pursue the legal alternatives. Motion by Heintz, seconded by Hentges, to refer this matter to the Planning and Zoning Commission for review and public hearing with the additional information that has been presented to the Council. Roll Call: All Ayes MONROE STREET WALKWAY/FENCE Mr. Les Johnson asked that the Council reconsider its action to deny the request to install a fence at 46½ and Monroe St. Mr. Johnson stated that he would like to have the fence installed on one side of the walkway to stop the traffic and resulting vandalism. Discussion followed on why the walkway was installed and who requested it originally. Mayor Nawrocki asked if Hilltop would consider any form of cost participation. Karen Danz, City Clerk of Hilltop, answered that they might. She can only present it to the Council for consideration. August 27, 1979 Page 7 Motion by Hentges, seconded by Norberg, to concur and pay a 50/50 share with the City of Hilltop for the cost of erecting a fence and street light on the south side of the walkway running between 46½ and Monroe, monies to come from the general unallocated fund. Roll Call: All Ayes Motion by Heintz, seconded by Hentges, to waive the ll:30 rule to extend the meeting until the agenda is finished. Councilman Norberg stated that it is unreasonable not to set a specific time for the meeting to end. Roll Call: Logacz, Heintz, Hentge~s, Nawrocki - Aye Norberg - Nay OTHER OLD BUSINESS Mayor Nawrocki stated that on the subject of the grass on the Oakwood school property, the City's contractor will cut it and bill the School Board. PERFORMANCE ADJUSTMENT The City Manager responded to several of the questions raised by the Council at the last meeting regarding Millie Carlson's preformance adjustment. Councilman Norberg asked why the present recommendation is 1% higher than at the last meeting. The City Manager explained that the previously requested increase was a result of a misunderstanding on his part as to where Mrs. Carlson stood in the range. Discussion was held on possibly changing the range. The increase will go into effect administratively. ELECTRICAL INSPECTIONS Arden Hovland, Building Inspector, stated that the present electrical inspector does the same work for ten other communities. He feels the State should be negotiated with to do the inspections in the future. Discussion was held on the inspector's requested rate increase, the quality of service the State could give as opposed to that given by the City, and whether another inspector could be found. Motion by Norberg, seconded by Heintz, to direct the City Manager to seek out and find another private electrical inspector. Roll Call: All Ayes WATER PROBLEM AT 4201 2ND STREET George Brown, City Engineer, showed blueprints of the property at 4201 2nd St. Discussion was held on the elevati.on of the property and the direction of the water drainage. August 27, 1979 Page 8 The City Attorney stated that this matter is in litigation. Any action that the Council takes should be in cor, junction with the insurance company. The Mayor suggested that the City Manager explore the suggestion of the berm as a possible solution. 44½ AVENUE The City Manager suggested that the contractor remove the material which appears to be defective but not the entire road. Discussion was held on what measures would have to be taken to remedy the inconsistencies in thickness of the paving. John Kruse, 1038 44½ Ave., stated that he doesn't think the base is good and that a worse situation has been created than was present before. Discussion continued on problems with the paving, why it happened, and who would pay for the necessary tests of the base and material. The City Manager suggested spending the money for the testing in case it becomes necessary to askme contractor to redo the project. Motion by Heintz, seconded by Logacz, to authorize the City Manager to hire the services of a testing company to drill some core samples on 42½ and 44½ for the purposes of finding out the quality of the base material and base course. Roll Call: All Ayes LICENSES Motion by Heintz, seconded by Nori~erg, to grant the licenses as listed upon payment of the proper fees. Roll Call: All Ayes PAYMENT OF BILLS Motion by Logacz, seconded by Heintz, to pay the bills as listed out of the proper funds. Roll Call: All Ayes At 1:30 a.m. Mayor Nawrocki recessed Tuesday, August 28. the meeting until~pproximately 9:00 p.m., Bruce~G. Nawrocki, Mayor Council Secretary