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