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HomeMy WebLinkAboutJan 22, 1979OFFICIAL PROCEEDINGS REGULAR MEETING OF THE CITY COUNCIL CITY OF COLUMBIA HEIGHTS, MINNESOTA JANUARY 22, 1979 The meeting was called to order at 8:05 p.m. Roll Call: Logacz, Heintz, Norberg, Hentges, Nawrocki - Present INVOCATION The invocation was given by Councilman Norberg. MINUTES OF PREVIOUS MEETINGS Motion by Hentges, seconded by Heintz, that the minutes of the regular meeting of January 8 be approved as submitted in writing and reading be dispensed with. Roll Call: All Ayes ORAL PETITIONS Mr. Dick Martin, 4032 Washington St. N.E., asked how the Council could justify spending up to $750 on repairs to the Tema house at 627 38th St. N.E. He briefly went through the history of the City's purchase of the property, as he understood it, and added he believed the Southern Anoka Community Assistance group should assume some of the responsibility for the work being done on the house since they are presently using it. Mayor Nawrocki explained the circumstances involved in the City's acquiring the property and the City's involvement with SACA. Discussion continued on what SACA does, why the work was being done on the house now, how tong SACA would be using the house, and future use of the property. The City Manager was asked to respond to Mr. Martin's questions in writing with copies to the Council. ORDINANCES: 1. Second Reading of Ordinance 897 Motion by Norberg, seconded by Heintz, to waive the reading as sufficient copies were available to the public. Roll Call: All Ayes BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, RELATING TO CONSTRUCTION CODES AND REVISOR'S ACT RELATING TO CRIMES OF COMPULSION The City Council of the City of Columbia Heights does ordain: Section 1: Section 6.201(1) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: January 22, 1979 Page 2 "The State Building Code of the State of Minnesota, together with Ap- pendices D, E and F, 1973 Uniform Building Code Appendix Chapters 15, 38, 48, 51, 57 and 70, Minnesota Plumbing Code Appendices B, C, D, E and F, and Flood Proofing Regulations, Sections 201.2 and 208.2, as currently amended, is hereby adopted by reference to regulate building and construction standards for work performed and materials used within the City. Every provision contained in said code is hereby adopted and made a part of this Code as if fully set forth herein. The short title of said code shall be the Building Code." is herewith amended to read as follows: "The State Building Code of the State of Minnesota, together with Appendices 5BC lllA, 5BC lllB, 5BC lllC, D, E, and F, and 1976 UBC Appendices Chapters 15, 23, 25, 38, 48, 49, 51, 57 and 70, Minnesota Plumbing Code Appendices A, B, C, D, E, and F, and Flood Proofing Regu- lations, as currently amended and to the extent that such Flood Proofing Regulations de not conflict with Chapter 9, Article III of this Code, is hereby adopted by reference to regulate building and construction standards for work performed and materials used within the City. Every provision contained in said Code is hereby adopted and made a part of this Code as if fully set forth herein. The short title of said Code shall be the Building Code. Section 2: Section 10.104(1) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: "Minnesota Statutes 609.22, defining the crime of coercion, is in- corporated herein." is herewith amended to read as follows: "Minnesota Statutes 609.27, defining the crime of coercion, is in- corporated herein." Section 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. Offered by: Hentges Seconded by: Logacz Roll Call: All Ayes 2. Second Reading of Ordinance 896 City Attorney Kal[na asked that a motion be ~ade for reconsideration as this ordinance had already been voted on aL one time. Motion by Logacz, seconded by Norberg, to reconsider ordinance 896. Roll Call: All Ayes Motion by Heintz, seconded by Hentges, to waive the reading as sufficient copies were available to the public. Roll Call: All Ayes January 22, 1979 Page 3 ORDINANCE NO. 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: Section l: Section 9.403(ll) 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. January 22, 1979 Page 4 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 determination. 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. 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: Heintz Seconded by: Norberg Roll Call: All Ayes 3. Ordinances Regarding Overtime Parking (Snowbirds) The City Manager stated that the ordinance submitted is almost the same as 871 except that it gives the Police Chief the power to issue parking permits to residents and gives the proper procedure for obtaining a permit. This is an alternative to the previous ordinances which were submitted. The City Attorney proposed another section to be added to the ordinance dealing with the length of the time for the permits, he suggested a one day limit. January 22, 1979 Page 5 Councilman Hentges restated his belief that this ordinance would be a waste of the taxpayers' money because the City crews will still have to plow several times to clean the streets completely. Councilman Norberg stated that the City of Anoka has a reasonable ordinance but he would add a section authorizing the towing of vehicles during a snow emergency, it would also be more enforceable. Councilman Heintz stated he thought the ordinance was too complicated. Discussion continued on the times that the City plows its streets and whether this ordinance would solve the problem of "snowbirds". Mayor Nawrocki commented that he doesn't support a stricter ordinance than what the City has now. Councilman Norberg proposed that the difficulties the City would have seem to relate to the matter of the issuance of permits and the burden it would put on the Police Department and stated it appears that the Anoka ordinance takes care of these problems. Councilman Logacz stated that the problems always revolve around enforcement. He believes the Police Department should be utilized in areas other than issuing parking tickets. Councilman Heintz suggested that a work session be set up to discuss a solution that the City can live with or drop further discussion. Councilman Hentges stated his belief that if a parking ordinance is enforced strictly for a time, the people will start abiding by it. Motion by Heintz, seconded by Logacz, to table further discussion on the subject of a 'lsnowbird" ordinance until the first regular meeting in March, the understanding being that there will be at least one work session dealing with the problem before then. Roll Call: All Ayes Mr. Julius Mortvedt, 4232 3rd St. N.E., was present to explain the problem he has in his neighborhood with on-street parkers. The Mayor asked that the Police Chief check out Mr. Mortvedt's problem and report back to Mr. Mortvedt on the matter. TRAFFIC COMMISSION RECOMMENDATIONS: 1. St. Matthew Church The Traffic Commission is recommending "No Parking" signs be placed on the north side of 41st Ave. from Washington to the alley west of Washington because of the problem created for cars exiting from the parking lot. Motion by Norberg, seconded by Heintz, that the Traffic Commission's recommendation be granted and that "No Parking" signs be placed on the north side of 41st Ave. from Washington St. to the alley west of Washington St. Roll Call: All Ayes 2. 44½ Ave. at Tyler Place The Traffic Commission is recommending that a stop sign be placed on 44½ Ave. and Tyler Place stopping westbound traffic. Discussion was held on the previous request January 212, ]979 Page 6 of Mr. John Ward, 965 44½ Ave. N.E., that a 3-way stop be put up on Tyler Place and 44~ Ave. and whether or not the local residents were informed of the Traffic Commission meeting when this was discussed. Councilman Hentges stated that they were not notified of the meeting. Motion by Heintz, seconded by Logacz, to refer the matter back to the Traffic Commission, that the Traffic Commission be requested to consider the matter at such time as the residents are advised that it will be discussed, and that it be reported back to the Council. Roll Call: Logacz, Heintz, Norberg, Nawrocki Hentges - Nay Aye LETTER REGARDING CABLE TELEVISION The City of Minneapolis is proposing setting up a cable TV service area. The Metropolitan Council, as reviewer of the proposal, is asking surrounding cities for their comments. The Mayor proposed setting up a Cable TV Committee in Columbia Heights composed of the ]5 people who called and expressed an interest in being on the committee and having the committee consider the Minneapolis proposal. Councilman Norberg suggested the Metropolitan Council and Northern Cablevision, operator of the Cable service, be notified of the City's procedure. OLD BUSINESS: 1. Ci.ty Hall Addition, Renovation and Remodeling The City Manager stated that these submitted change orders are necessary to put the building into a satisfactory condition. He recommends a $15,000 transfer from an uncommitted bond fund to cover the change orders. Current approved change orders amount to ]ess than ]~° of he tota cost o ~ t 1 f the project and he feels that this is reasonable. Discussion followed on the condition of the elevator. Hotion by Logacz, seconded by Heintz, that $15,000 be transferred from the uncommited funds of the bond fund #308 to the City Ha]l addition, remodeling, and renovation project. Discussion continued on the amount of the original bond issue and what the monies have been used for to date. Earl Gustafson, Public Works Director, summarized a report on the emergency generator and listed what was hooked up to it and what should be. Motion by Norberg, seconded by Hentges, to amend the motion to omit the change order on the dropped ceiling in the hallway area between the elevator and the courtroom. Councilman Norberg stated that it is an expensive item and apparently not necessary. Discussion fo]lowed on what type of ceiling was being considered. Roll Call: Norberg, Hentges - Aye Logacz, Heintz, Nawrocki - Nay Motion fails. January 22, 1979 Page 7 Councilmen Logacz and Heintz agreed to add approval of change orders #1 - 4 to the motion. The new motion reads as follows: Motion by Logacz, seconded by Heintz, that $15,000 be transferred from the uncommitted funds of the bond fund #308 to the City Hall addition, remodeling, and renovation project and to approve change orders #1 - 4 in the City Manager's memo of January 19. Roll Call: Logacz, Heintz, Nawrocki - Aye Norberg, Hentges - Nay RECESS at 10:10 p.m. RECONVENE at 10:30 p.m. NEW BUSINESS: 1. Authorization to Seek Bids to Remove Trees and Stumps The City Manager stated that he is asking the same procedure as in 1978 to solicit bidders for the removal of trees and stumps. Motion by Heintz, seconded by Logacz, to authorize the City Manager to call for bids on the removal of trees and stumps from public and private property as part of the City's 1979 Shade Tree Program, said bids to be opened on February 16 at 2:00 p.m. Discussion followed on the cost of the program last year and the cost of a private contractor versus the cost of having the City crews do the work. Roll Call: All Ayes 2. Award of Bid for Official Newspaper for 1979 The City Manager reported that only one bid was received, that being from the Sun Newspaper. Motion by Heintz, seconded by Hentges, that the Sun Newspaper be awarded the bid for legal publications for 1979. Roll Call: All Ayes 3. Employee Performance Evaluation Policy The City Manager stated this was a summary of the work session held on January 3. He submitted policy statements for the Council's evaluation. Motion by Norberg, seconded by Heintz, to adopt the Employee Performance Evaluation Policy Statement dated January 22, 1979. Roll Call: All Ayes January 2.2, 1979 Page 8 4. Amendment to Wage Compensation Policy Motion by Heintz, seconded by Hentges, to adopt the Wage and Salary Compensation Policy Statement dated January 22, 1979. Roll Call: All Ayes 5. Ratification of City Manager's Action to Purchase Repair Parts for Back-Hoe Impactor Motion by Hentges, seconded by Logacz, to ratify the City Manager's action in purchasing emergency repair parts from Hayden Murphy for the City's back-hoe impactor at a cost of $860.29. Roll Call: All Ayes 6. Agreement to Provide Engineering Services to St. Anthony The City Manager stated that St. Anthony has requested the renewal of this contract. Motion by Logacz, seconded by Heintz, that the Mayor and City Hanager be authorized to execute an agreement with the City of St. Anthony to provide engineering services for the coming year. Roll Call: All Ayes 7. Wage Adjustments The City Manager stated that the item is a wage adjustment for his secretary. Mayor Nawrocki asked how much money was left in the 7% guideline limit for merit increases. The City Manager answered that he didn't have an amount calculated. Councilman Heintz asked the City Manager to figure the total dollar amount left for merit increases for management non-union and non-management non-union for the next meeting. Councilman Norberg stated he fett that no action should be taken by the Council to apportion the remaining monies, that the matter should be left to the City Manager to plan, but he agreed with Councilman Heintz that the Council should know how much money is available for merit increases for the rest of the year. The merit increase will go into effect administratively. Motion by Heintz, seconded by Logacz, to reconsider the merit increase for Ardelle Burr, Fire Department secretary. This 2~ increase was denied previously. Roll Call: All Ayes Motion by Heintz, seconded by Logacz, to concur with the City Manager's recommendation to award a 2~ increase retroactive to the anniversary date. Roll Call: Logacz, Heintz, Hentges, Nawrocki - Aye Norber9 - Abstain January 22, 1979 Page 9 8. Other New Business: Work Sessions - The City Manager asked for dates for work sessions to include goal setting, personnel policy, fire and building codes, and a "snowbird" ordinance. The dates of January 29 at 7:00, January 30 at 7:00, and February 5 at 7:00 were set, the February 5 meeting to be to discuss the "snowbird" ordinance. Liquor Store - Discussion was held on the cost involved in setting up the pinball machines at the Municipal liquor store and when a return could be expected. Councilman Heintz asked that the sidewalk in front of the liquor store on 40th Ave. be plowed. He stated he had several complaints from residents that the sidewalk had not been cleaned all year. The City Manager answered that it would be taken care of. City of New Bri.ghton Mayor Nawrocki received a letter from the City of New Brighton stating that they have prepared a comprehensive land use plan which they will be submitting to cities that border them, as required by law, and asked for comments. Proclamation - Mayor Nawrocki read a proclamation for Jaycee Week, January 21 - 27. Motion by Hentges, seconded by Norberg, that the 11:30 adjournment rule be waived to continue the meeting until 12:OO. Roll Call: All Ayes LICENSES Motion by Heintz, seconded by Norberg, that licenses as listed be granted upon payment of the proper fees. Roll Call: All Ayes PAYMENT OF BILLS Motion by Heintz, seconded by Logacz, that bills as listed be paid out of their proper funds, that #30215 to White Construction be withheld for further staff review. Roll Call: All Ayes Motion by Heintz, seconded by Logacz, to authorize attendance and expenses for the members of the Council to the National League of Cities Conference scheduled for March in Washington D.C. Roll Call: Logacz, Heintz, Hentges, Nawrocki - Aye Norberg - Nay Motion by Heintz, seconded by Hentges, to adjourn at 12:O5 a.m. Roll Call: All Ayes Council Secret~ary Bruce G. Nawrocki, Mayor