Loading...
HomeMy WebLinkAboutNov 24, 1980OFFICIAL PROCEEDINGS REGULAR MEETING--COLUMBIA HEIGHTS CITY COUNCIL NOVEMBER 24, 1980 The meeting was called to order by Mayor Nawrocki at 8:10 pm. 1. Roll Call: Logacz, Heintz, Norberg, Hentges, Nawrocki--present 2. Invocation The Invocation was given by Councilman Norberg. 3. Minutes of Previous Meetings Motion by Heintz, second by Logacz to approve the minutes of the November lOth City Council meeting as presented in writing, and that the reading be dispensed with. Roll Call: All ayes 4. Oral Petitions Mr. Peter Kotzer, 4201 2nd St., was billed by the City for some repair work to an area in front of his property that was done by a city crew. Mr. Kotzer has a lawsuit against the City for damages to his property. In hopes of solving a water problem he dug out an area near the curb section in front of his house to allow water to flow. A city crew filled this area and restored the grade which resulted in the bill. The City Attorney advised the Council that this matter is in liti- gation at the present time and it would not be advisable to discuss it here. The Public Works Director said he would review the actions and Councilman Heintz wants a recommendation from staff as what could be done as this problem has been going on for three years. 5. Ordinances and Resolutions a. Second Reading of Ordinance No. 939 being an ordinance amending Ordinance No.853, City Code of 1977, pertaining to requiring sprinkler systems in on-sale liquor establishments Fire Chief Johnson spoke to this ordinance. Councilmen Norberg and Heintz feel this ordinance should include 3.2 liquor establishments. Councilman Heintz asked if 3.2 liquor establishments were included in this ordinance would they be 'grandfathered' in or would they need to comply ? The City Attorney advised him this could be done administratively by the Council. The ordinance was read by the Acting City Manager Stu Anderson. ORDINANCE NO. 939 BEING AN ORDIN~ICE ~'~IENDING ORDINANCE NO. 853, CITY ~ODE OF 1977, PERTAINING TO REQUIRING SPRINKLER SYSTEMS IN ON-SALE LIQUOR ESTABLISHML~NTS The City of Columbia ReiEhts Does Ordain: Section 1: Section 5.503 (10)(E) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to-wit: "5.503 (iO)(E) No license shall be Eranted for any premises which does not have a sprinkler system." Section 2: This ordinance shall be in full force and effect fro~ and after thirty (30) days after its passage. Regular Council Meeting November 24, 1980 page 2 First reading: November lO, Second reading: November 24,li980980 Date of passage: November 24, ]980 Offered by: Seconded by: Roll Call: Logacz Norberg logacz, Hentges, Nawrocki --Ayes ~F~ Norberg, Heintz -- Nays Bruce G. Nawrocki A~ne Student, Secretary to the Council b. Second Reading of Ordinance No.940 being an ordinance amending Ordinance No. 853, City Code of 1977, pertaining to swimming pool construction. Motion by Hentges, second by Heintz to waive the reading of the ordinance there being ample copies available to the pub]ic. Roll Call: All ayes Motion to amend by Hentges, second by Logacz to add the words, "No pool shall be filled or partially filled until such fencing is completely installed" to Section l, paragraph (1). Roll Call on the amendment: All ayes ORDINANCE NO. 940 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO SWIMMING POOL CONSTRUCTION The City of Columbi~ Beights does ordain: Section 1: Section 6.502(1) of Ordinance No. 853, City Code of'1977, which reads as follows, to-wit: "(1) All outdoor swiping pools existing and hereafter constructed shall be completely enclosed by a fence or wall of the non-climbing type. No pool shall be filled or partially filled until such fencing is completely installed. (a) AIl fence openings or points of entry into the pool area en- closure shall be equipped with gates. The fence and gates ahall be at least five feet in height and shall be constructed of a minimum number 11 gauge woven wire mesh corrosion-resis- tant material, or other material approved by the Building In- spector. (b) All gates shall be equipped w/th self-closing and self-latching devices placed at the top of the gate, at least five feet above the base of the gate, or, in the judgment of the Building Inspec- tor, equally inaccessible to small cbildren. All fence posts shall be decay or corrosion-resistant and shall be set in con- crete bases or, altern~[zvely, 3-1/2" by 3-1/2" creosote soaked posts buried to a depth of at least three feet tamped soil. The opening between the bottom of the fence and ~he ground or other surface shall not be more than four l~-~es." is ~erevith indfMod to rood ea fOllM, (~) A31 c~tdo~r ivtnini pools extsttng iud hereafter constructed shall be c~pletely encloo~ by I fence or vs~Z of the Conot~ct/~ of ~nS ~l My ~t be c~nced ~tL1 ouch t~ as the fencing required by thZs sectl~ ~o c~pleted, with the exce~ t~on of au approved ices to be Zeft open to I~ access onZy for the equ~pMnt and MterLe~s used for the coust~ctLon of the ~. c~m~letely installS. (a) All fence openings or points of entry into the pool area en- closure shall be equipped with gates. The fence and gates shall be at least five feet in height and shall be constructed of a minimu~ number 11 gauge woven wire mesh corrosion-resis- tant · aterial, or other uterial approved by the Building In- spector. (b) Ail gates shall be equipped with self-closing and self-latching devices placed at the top of the gate, at least five feet above the base of the gate, or, in the Judgment of the Building Inspec- tor, equally inaccessible to small children. All fence posts shall be decay or corrosion-resistant and shall be set in con- crete bases or, alternatively, 3-1/2" by 3ol/2'' creosote soaked posts buried to a depth of at least three feet tamped soil. The opening between the bottom of the fence and the ground or other surface shall not be more than four inches. Section 2: This orginance shall be in full force and effect from and after thirty (30) days after its passage. First reading: November I~' l~g Second reading: November , Date of passage: November 24, 1980 Offered by: Hentges Seconded by: Heintz Roll call: All Ayes Bruce G. l~a~-rocki, liayor An~ Student, S~Feta~7 to the Council c. First Reading of Ordinance No. 941 being an ordinance ~mending Ordinance No. 853, City Code of 1977, pertaining to garbage and rubbish regulations. Motion by Norberg, second by Hentges to waive the reading of the ordinance there being ample copies available to the public. Roll Call: All ayes This ordinance amends the recently adopted changes in the Garbage Ordinance No.933 which omitted a provision regarding the placement of containers at the curbline where alleys do not exist. Mayor Nawrocki said this provision had been omitted intentionally as there are some people, such as the elderly and handicapped, who may not be able to move the ce-- +hey had be~ ~''' ~ 'Regular Counci! Meeting November 24, 1980 page 4 ORDINANCE NO. 941 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO GARBAGE AND RUBBISH REGULATION The City Council o~'the City of Columbia Heights does ordain: Section 1: Section 8.301(4) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: "All accumulations of garbage and rubbish must be deposited and contained within the containers as provided in this section, except t%at: (a) tree limbs with diameters of less than four inches (4") and lengths of less than four feet (4') tied into bundles, said bundles mot exceedinf eighteen inches (18") in diameter; (b) leaves, grass or rubbish in water-proof containers (no larger than permitted 30 gallon garbage can liner size), not e~ceeding th~Lrt7 five pounds (35 lbs) in weight; (c) bundles of newspapers and magazines tied securely and weighing less than thirty five (35) pounds; (d) Christmas trees up to six feet (6') in length (during January); and (e) small household items including small appliances, tools, and articles of furniture weighing less than thirty five (35) pounds shall be allowed on pick-up day to be placed immediately adjacent to the location permitted for garbage can placement pursuant to Section S8.301($). is herewith amended to read as follows, to-wit: "All accumulations of garbage and rubbish must be deposited and contained within the containers as provided in this section, except ~hat: (a) tree limbs with diameters of less than four inches (4") and lengths of ]ess than four feet (4') tied into bundles, said bundles mot exceedin~ eighteen inches (18") in diameter; (b) leaves, grass or rubbish in water-proof containers (no larger than permitted 30 gallon garbage can liner size), not exceeding thtrt~ five pounds (35 lbs) in weight; (c)bundles of newspapers and magazines tied securely and veightmg less than thirty five (35) pounds; (d) Christmas trees up to six feet (6') in length (during January); and (e) small household items including small appliances, tools, and articles of furniture weighing less than thirty five (35) pounds shall be placed on pick-up day next to the garbage cans where alley pick-up is available or at the curb line in areas where no alleys exist," Regular Council Meeting November 24, 1980 page 5 Section 2: This Ordinance shalI be in full force and effect from and after thirty (30) days after its passage. First reading: Second reading: Date of passage: November 24, 1980 Offered by: Seconded by: Roll Call: Bruce G. Nawrocki, Mayor Jo-Anne Student, Secretary to the Council d. Resolution 80-76 Shade Tree Program--1981 Application for Sanitation/Reforestation Grant-in-Aid. This resolution is required by the State to accompany the City's application for funds. The resolution was read by the Acting City Manager. SHADE TREE PROGRAM -- 1981 BE IT HEREBY RESOLVED that the Columbia Heights' City Council adopted its 1951 Shade Tree Diseased Control Budget on September 30, 1980, amounting to a total of $64,395; and, furthermore, does authorize the submission of a 1981 application for sanitation and reforestation grant-in-aid. Passed this 24th of November , 1980. Offered by: Norberg Seconded by: Heintz Roll Call: All ayes Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary Regular Council Meeting November 24, 1980 page 6 6. Communications A letter was received from the Mayor of St. Anthony Village questioning proposed changes in the duties and powers of the Rice Creek Watershed District managers. The Public Works Director noted that this group formerly functioned as an advisory board. With the proposed changes it appears to him that they may be setting up rules and regulations that rightfully should be determined on a local level. Motion by Norberg, second by Hentges for the City of Columbia Heights to go on record in opposition to the proposed changes in the rules and regulations of the Rice Creek Watershed District. Roll Call: All ayes In connection with this motion the Mayor referred staff and the Council to two meet- ings that have been set up to deal with this matter. They are to be held in the Shoreview City Hall on November 26 at 10:00 am for professional staff and on Decem- ber 4 at 5:00 pm for elected officials. The Mayor wants the City Manager to prepare a letter of response and wishes someone from the staff to attend the meeting on November 26th. Councilman Norberg said he would try to attend the December 4th meeting. 7. Old and New Business a. Old Business 1.Authorization to Seek Proposals Regarding Maxi-Energy Audits The Minnesota Energy Agency has approved 100% of our maxi-audit costs for the Library Building, which amounts to $1,802. The agency has also approved our maxi- audit grant for the John Murzyn Building, however, funding would be 70% of our total estimated cost of $1,628. The proposals received from qualified firms to prepare the City's maxi-audit will be submitted to the Council at its meeting of December 22, 1980. Motion by Logacz, second by Norberg to authorize the City Manager to seek proposals from qualified firms for the purpose of providing maxi-energy audit of Columbia Heights' Public Library and the John Murzyn Hall. Roll Call: All ayes 2.Cable Communications Franchise The revised sections of a draft franchise ordinance and/or our franchise Request for Proposal were given to the Council. These revisions were a result of the Oct- ober 22nd Public Hearing and later discussions with the members of the Cable TV Commission and Councilman [lorberg. Anita Benda, Cable TV Consultant, reviewed changes in the Request for Proposal and the Draft Cable Communications Ordinance. One of the items that was dealt with was the stanby power aspect of the system. The franchise would have to maintain a two- hour basic service system which is a change from the original requirement of four hours. Councilman Norberg explained that the purpose of this was to get a viable system. To be viable the cost for installation must be iow enough to attract enough subscribers and two hours would be enough time for NSP to restore power in the event of an interruption. Motion by Heintz, second by Logacz to authorize the changes as proposed with the exception of the change regarding Standby Power in Section 11.105(16). Councilman Heintz wants four hours for a minimum period of basic service instead of two hours. Roll Call: Logacz, Heintz--aye Norberg, Hentges, Nawrocki--nay Motion fails. Motion by Norberg, second by ~entges to adopt the amendments as presented in writing and to authorize the City Manager to proceed with advertising the Request for Pro- posal. Roll Call: All ayes Motion by Heintz, second by Hentges to formally adopt the Request for Proposal as amended. Roll Call: All ayes Regular Council Meeting November 24, 1980 age 7 Participation in Anoka County's Group Hea]th Plan The Acting City Manager asked that this item be addressed at a special meeting as there is still information being gathered. It was suggested that this item can be discussed at the end of the Special Assessments Public Hearing on November 26th. RECESS: 9:30 RECONVENE: 9:50 b. New Business 1. Authorization to Seek Bids for Legal Publications-1981 Motion by Heintz, second by Hentges to authorize the City Manager to call for bids for 1981 legal publications, said bid to be opened on December 17; and submitted to the City Council on December 22, 1980. Roll Call: All ayes 2. 1980 Audit It is necessary for the Council to designate an auditing firm to conduct the general audit of the City's 1980 financial records. Motion by Heintz, second by Norberg to appoint the firm of George M. Hansen & Co. as the City's auditors of 1980 records, with the cost of such audit to be $8,300- $8,600 for the general audit. Roll Call: All ayes Joint Use Rental Agreement for 1981 The purpose of this agreement is to maintain and use sewer lines that are used by more than one community. Motion by Norberg, second by Heintz to authorize the Mayor and City Manager to execute the Joint Use Agreement No. 145 with the Metropolitan Waste Control Commission for the calendar year of 1981. Roll Call: All ayes 4. Authorization to Expend Funds for Hockey Light Wiring at Mathaire Park The Mathaire hockey rink was relocated this fall and it is necessary to rewire the lighting system. Motion by Heintz, second by Logacz to authorize the City Manager to expend funds for the purpose of rewiring hockey lights at Mathaire Park; such work to be performed by Heights Electric Co. based upon low, informal quotation in the amount of $1,050 to be expended from the Park budget. Roll Call: All ayes 5. Final Payment on Huset Park East Tennis Court Surface replacement and repairs have been completed as specified on this tennis court. Motion by Hentges, second by Heintz to authorize final payment to Bituminous Road- ways, Inc. in the amount of $490. Roll Call: All ayes 6. Ice Hockey Rinks at Central and Columbia Junior Highs The Public Works Director explained that there is limited use of the rink at Columbia. The Park Board has requested that maintenance at this rink be ceased and the School District concurred. Considerable discussion followed as to whether this rink can be used for scheduling hockey from some other rink that may be very busy. It was generally felt that since the hockey program has been discontinued in the junior highs closing this rink would be valid and result in considerable saving. The Mayor wanted to know if the need arises could this rink be reopened. Councilman Heintz feels this situation should be given more study. He thinks since this rink is on school property perhaps some school functions that use neighborhood hockey rinks may be transferred to this rink. Councilman Logacz advised the Council that the senior high hockey program uses only indoor rinks and the junior high schools are Regular Council Meeting November 26, 1980 page 8 dropping the hockey program. He feels the school hockey program will not have a need for this rink now or in the future. Motion by Logacz, second by Hentges to terminate the agreement between the School District and the City of Columbia Heights for maintenance of the hockey rink at Columbia Junior High and to cease maintenance and operation. Motion by Heintz, second by ~lawrocki to table this matter for further consideration until the next regular meeting. Roll Call: Heintz, Nawrocki--aye Logacz, Norberg, Hentges--nay Motion fails. Discussion followed as to why there should be more consideration given to this item. Motion by Norberg, second by Heintz to reconsider this matter at the next regular meeting. Roll Call: Heintz, Norberg, Nawrocki--aye Logacz, Hentges--nay Motion passes. 7. Establishing Performance Adjustments, Recreation Department Secretary and Assistant Recreation Director The Acting City Manager requested this item be withdrawn at this time and be returned for consideration at the next meeting. 8. Authorization to Receive Bids for Sand Spreaders This item deals with the purchase of two new sand spreaders for the City's Street Department. Motion by Heintz, second by Hentges to authorize the City Manager to advertise bids for sand spreaders. Roll Call: All ayes 9. Setting Special Council Meeting and Work Sessions Work Sessions were scheduled for the following dates; Monday, December 1st at 8:00 Thursday, December 4th at 7:00 Wednesday, December 10th at 7:00 Monday, December 15th at 7:00 The items to be discussed at these work sessions is the Personnel Policy and the Comprehensive Plan. The City Manager had suggested the date of December 29th for a special meeting of the Council to deal with year-end transactions. No action was taken on this suggestion. 10. Establish Date for Public Hearing Regarding 1981 Assessment Projects. As part of the Capital Improvement Program there are five assessment projects recommended for consideration by the City Manager to the Council. It is the recommendation of the City Manager that January 19, 1981 or around that date a public hearing regarding these assessments could be set. The Council reviewed these projects briefly, but a hearino date was not chosen. The Mayor thought that perhaps a post card survey could be done of the residents that would be affected by these projects as to their opinions. Il. Other New Business a. Councilman Norberg expressed concern with the alley between Van Buren and Central going southward from 40th avenue. He thinks this is a dangerously serious situation. Part of this alley is one-way southbound. He feels this matter should be corrected by better signing or enforcement. Motion by Norberg, second by Hentges to refer this matter to the Traffic Commission. Roll Call: All iayes b. Councilman Hentges brought the matter of where the bus parks on Fairway Drive during its overlays before the Council. Where it is presently parking presents a visibility problem for traffic. He feels a different parking spot should be considered. Council- man Norberg noted that the same situation exists on 44th and Jefferson. When ~ s stops to let ~assengers on or off the stop sign is hidden. The Police C~ ~ s~.' RegUlar Council Meeting November 26, 1980 ~ge 9 the sign be n~ved to the other side of the intersect~ion. These items should be considered by the MTC and the Traffic Commission in the opinion of Councilman Hentges. c. Councilman Heintz has received a letter from the chairperson of the Jamboree Queen Pageant requesting $1500 for the event. The City Manager was requested to make copies of the letter for all the Council members, review the history of this expenditure and return a recommendation for consideration at the next regular meeting. Councilman Hentges suggested that the Pageant chairperson submit a list of anticipated expenditures from which a budget could be formulated. Councilman Meintz said he would contact the chairperson before the next meeting regarding this matter. d. The Mayor referred to some items that were received by Council members in written form: 1. Letter regarding re-activation of advisory board for the service areas for the Waste Control Commission. 2. Memo from the Census Bureau citing that the preliminary count for the City of Columbia Heights is slightly less than twenty-thousand residents. 3. Flyer left at homes in the City by the Christian Truckers Association. 4. Request for city trucks to move can goods collected by school children to the SACA House for their annual.food distribution. Stu Anderson, as a point of information, told the Council many~f the City employees, on their own time, are involved with the actual distribution of these goods. 5. Motion by Logacz, second by Hentges to appoint John Hemak to the Human Services Commission. Roll Call: All ayes 8. Reports a. City Manager's Report 1.Future Rate Increase Proposed by Metropolitan Clinic of Counseling The present agreement expires on May 31, 1981 but the City Manager wanted the Council to know that the proposed increase will be 18~. 2.Reconstruction of 37th Avenue The Public Works Director was advised that the Department of Transportation District Office would be recommending an additional three inches of asphalt be provided on 37th avenue from 5th street to Central avenue. This action will result in additional costs to the City. The City Manager will keep the Council advised as to any action on this item. 3.Unauthorized Subdivision Anoka County has accepted deeds and made a subdivision for property in the City. The City Manager was directed by the Council to write to the Chairman of the County Board and to the Anoka County Auditor expressing the City's displeasure and concern with this matter. 4.The Public Works Director spke to a problem with a vacant lot on 40th avenue, west of Central avenue that is being considered for building. The City has a watermain running through the lot with no easement. Owners of the lot have expressed a will- ingness to give the City an easement. The City Manager felt consideration should be given at this time to extending the dead-end alley in this area to 40th avenue. b. City Attorney's Report There will be an executive meeting following this regular meeting that the City Attorney will discuss matters of concern. Regular Council Meeting November 24, 1980 page 10 Payment of Bills Motion by Heintz, second by Logacz to pay the bills as presented in writing to authorize the payment of the bills as listed out of their proper funds. Roll Call: All ayes Motion by Heintz, second by Logacz to adjourn the~ting. //~/~~11:~1 Bruce\G. Nawrocki, Mayor An~e Student, 1 Secretary ayes