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HomeMy WebLinkAboutSept 29, 1981Columbia Heights City Council Continued Council Meeting September 29, 1981 J'iOThe continued regular council meeting was reconvened by the Mayor at lO:lO pm. Roll Call: Logacz, Heintz, Norberg, Hentges, Nawrocki--present 1. Communications S. E. Thayer, 3901 Central Avenue, Conditional Use Permit The City Planner reviewed the plans submitted by Mr. Thayer of this property and pointed out to the Council that these plans were still incorrect. Using a map the City Planner pointed out the discrepancies and advised the Council of the correct measurements on th~ property. It was noted that Mr. Thayer is not the sole owner of the property as had been previously stated. Mr. Thayer concurred with this fact. The City Planner suggested since Mr. Thayer owned only fifty-percent of the building that the primary use of the building could be changed. Mr. Thayer withdrew his request. 2. Old and New Business a. Cargill 37th Avenue Project A representative of the Cargill plant in Columbia Heights addressed the Council about the problems with water that the company has been experiencing. He was of the opinion that the problem was a result of the work being done on 37th Avenue. Members of the Council felt it had been an on-going problem and that the suggestions being made by the Cargill employee for correcting it were not founded. Several ideas were discussed by the Council that, if implemented, would improve the area aesthetically as well as be ~beneficial for the Cargill problem. Councilman Norberg felt that the source of the >roblem, as stated by the Cargill representative, was purely speculative and conjecture and wanted no City funds spent in this manner. Another problem cited by Councilman Heintz was that of illegal parking by employees of Cargill. The Public Works Director presented the plans for this area to the Council and gave a detailed explanation. Motion by Logacz, second by Hentges that the Council concur in blacktopping the requested areas on 37th Avenue by the Cargill property subject to a signed agreement from Cargill to place tree planters, with slowly-growing trees, maintenance of those trees, and the plan is approved by the Public Works Director. Councilman Norberg felt the problem of most concern, that of the storage tank at Cargill,~was not addressed or solved. Roll call: Logacz, Heintz, Hentges, Nawrocki--aye Norberg--nay b. Library Building--Basement Modifications A revised proposal from TKDA was received and a representative from that firm attended the meeting to speak to the revisions in detail. The study being proposed, which is not to exceed $3,000, would give the specifics of the modification of the library basement, particularly, tile sprinkler system. Councilman Norberg felt the fee was high considering the level of changes being considered. The architect from TKDA gave the breakdown in man hours for evaluating systems in the building and explained how he used this breakdown to reach the figure of $3,000. Motion by Heintz, second by Logacz to refer this matter back to the Library Board and to be brought back to the Council hopefully by the first Council meeting in October. Roll call: All ayes Motion by Hentges, second by Nawrocki to dispense with the ll:30 rule and continue on agenda until 1:00 am. Roll call: Logacz, Heintz, Hentges, Nawrocki--aye Norberg--nay Continued Council Meeting September 29, 1981 page 2 c. LaBelle Park Lighting This item deals with negotiating with one of the Downtown developers (P.J.Gaughan)to seek their participation in revising and revamping the lighting system in LaBe))e Park. Motion by Hentges, second by Logacz to authorize the City Manager to execute Change Order # 3 with P.J.Gaughan, Inc. in the amount not to exceed $)2,500 electrical. This change order represents a considerable saving for the City. This amount will be paid by the City from the park budget. Roll call: All ayes d. Fencing at Huset Park Previously a request for~fencing at Huset Park had been denied by the City Council on the recommendation from Councilman Heintz. He had received some communication from some people in the area expressing their feelings against this fencing Now their feelings have changed. · Motion by Heintz, second by Logacz to reconsider the fencing request for Huset Park Roll call: All ayes · Motion by Heintz, second by Logacz to authorize the City Manager to enter into an agreement for a cyclone fence with U.S. Steel for a softball fence at Huset Park in the amount of $2,528.O0, based on low, competitive quotations. Roll call: All ayes Motion by Heintz, second by Logacz to authorize the City Manager to enter into an agreement for a cyclone fence with U.S. Steel for fencing for the tennis courts at Huset Park in the amount of $569.OO, based on low, competitive quotations. Roll call: Logacz, Heintz, Nawrocki--aye Hentges--nay Norberg--abstain Motion carries. New Business a. Change Order Regarding 41st Avenue-Water Main Modifications and Storm Sewer Modifications Motion by Logacz, second by Heintz to authorize the City Manager to execute a change order on.project #8)21PIR 767 (relocation of 41st Avenue) for a net deduct of $98.26. Roll call: Al) ayes b. Change Order # 2-Relocation of 41st Avenue, Project #8121 PIR 767 Motion by Heintz, second by Logacz to authorize the City Manager to execute change order # 2 on project #8121, PIR 767 (relocation of 41st Avenue) amounting to S),590.00. Motion by Norberg to table. Motion dies for lack of a second. Councilman Norberg ques- tioned who would be paying for this change order and was advised that it has not been determined at this time. Roll call: Logacz, Heintz, Hentges, Nawrocki--aye Norberg--nay c. Award of Bid--Fall Tree Planting Program Motion by Heintz, second by Hentges to award the fall tree planting contract to Grygelko Co. of Robbinsda)e in the amount of $13,333; based upon )ow, formal quotation. Roll call: All ayes d. Final Payment for Street Striping Contract Motion by Heintz, second by Hentges to authorize the final payment to Triple AAA Striping Street Service Company in the amount of S),460.85. Roll call: All ayes e. Authorization to Expend Funds for Purchase of Miscellaneous Signs Motion by Logacz, second by Heintz to authorize the City Manager to expend $557.50 for the purchase of miscellaneous traffic signs from W.L.V. Sign and Supply, Inc. of Addison, Illinois; based upon low, informal quotation. Roll call: All ayes f. Residents of 42½ Avenue Driveway Concerns The City Manager advised the Council that he has received complaints from residents on 42½ Avenue on their driveways. He reviewed their concerns and also reviewed the recom- mendations from the Public Works Department previously approved by the Council regarding these driveways. Continued Council Meeting September 29, 1981 page 3 Motion by Norberg, second by Heintz to reaffirm the City policy established before on :hese driveways and to accept the City Manager's recommendations. Roll call: All ayes g. Appointments to Boards and Commissions Motion by Norberg, second by Heintz to table this matter until the next regular meeting. Roll call: Logacz, Heintz, Norberg--aye Hentges, Nawrocki--nay Ordinances and Resolutions a. Second Reading of Ordinance No.976 being an ordinance amending Ordinance No.853, City Code of 1977, pertaining to games of ski)) Motion by Heintz, second by Norberg to waive the reading of the ordinance there being ample copies available to the public. Roll ca)l: Ali ayes This ordinance reduces the distance within which a game of skill may be located from any school building or church. ORDINANCE NO. 976 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY coDE OF 1977, PERTAINING TO GAMES OF SKill The City Couhcil of the City of Columbia Heishts does ordain: Section 1: Section 5.406(5) of Ordinance No. 853, City Code of. 1977, passed June 21, 1977, which reads as follows, to-wit: "No 'same of skill' licensed under this section shall be located within two hundred feet of any school building or church" is herewith amended to read as follows, to-wit: "No 'same of skill' licensed under this section shall be located within one hundred feet of any school buildin§ or church". Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: Second reading: Date of passage: September 15, 1981 Septem6er 29, 1981 September 29, 1981 Offered by: Seconded by: Roll call: Heintz Logacz Logacz, Heintz, Hentges, ~y to the Council Bruce G. K~wrocki, Mayor Continued Council Meeting September 29, 1981 page 4 b. Second Reading of Ordinance No.977 being an ordinance amending Ordinance No.853, City Code of 1977, pertaining to pool tables, billiard tables, bowling alleys and games of skill. This ordinance reduces the distance from such establishments that have these games as a secondary use from 500 feet to 100 feet. Councilman Norberg feels this ordinance as well as Ordinance No.976 breaks down standards in the community for convenience. Motion by Heintz, second by Logacz to waive the reading of the ordinance there being ample copies available to the public. Rol~ call: All ayes ORDINANCE BEING AN ORDINANCE k~EN~ING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO POOL TABLES, BILLIARD TABLES, BOWLING ALLEYS AND GAMES OF SKILL The City Council of the City of Columbia Heights does ordain: Section 1: Section 10.301(16) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: Section 2: "No person shall operate or maintain a Pool table, billiard table, bowling alley, or "game of skill", as defined by 5.404(2) within 500 feet of the nearest point of any school or church premises within the limits of the City of Columbia Heights" is herewith amended to read as follows, to-wit: "No person shall operate or maintain a pool table, b~lliard table, bowling alley, or "game of skill", as defined by 5.404(2) within 100 feet of the nearest point of any school or church premises within the limits of the City of Columbia Heights" This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: Second reading: Date of passage: Offered by: Seconded by: Roll call: September 15, 1981 September 29, 1981 September 29, 1981 ~~ary to the Council Helntz Logacz Logacz, Heintz, Nawrock~--aye Norberg, Hentges~-~ay Bruce G. Nawrocki, ¥~yor Continued Council Meeting September 29, 1981 page 5 c. Second Reading of Ordinance No.979 being an ordinance amending Ordinance City Code of 1977, pertaining to conditional uses of business districts. This ord- inance will amend sections of the zoning code as regards arcades and games of skill. Motion by Heintz, second by Logacz to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 979 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE -OF 19~7, PERTAINING TO CONDITIONAL USES IN BUSINESS DISTRICTS The City Council of the'City of Columbia Meights does ordain: Section 1: Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: 9.112(2) Conditional Uses Within any "CB~" Business District, no structure or land shall be used for the following uses except by conditlonal use permit. (al Accessory structures. (bi Dwelling units provi'ded: The units do not occupy the first floor. ii) That a roof intended for usable spa~e shall be enclosed by a wall or fence not less than five ($) feet in height. (c) Open sales lots provided that: i) The lot is surfaced and graded according to a plan submitted by the applicant and approved by the City Engineer. ii) The assembly, repair, or ~anufacture of goods shall not occur within an open sales lot. If the operation of the open sales lot be self-operated 'or automated in total or in part, a site plan shall be submitted indicating the location of such devices. There is located thereon a buildlng devoted to and used in such sales use which is at least as large in floor area as such occupation and use. .(d) Off-street parking lots subject to Section 9.116(2). (el Parklng ramps. (f) Public utility structures. (si Vendlng machlnes (coins operated) whether they be for service or product shall be permitted inside of a building; when located outside of building they shall be considered as a building and conform to all applicable regulatlons. Should th~ vending machine be the principal use on the site, off-street parking shall be provided at a ratio of one (1) space for each two vending devices. Continued Council Meeting September 29, 1981 page 6 Section (h) Restaurants, cafe, tea room, tavern,bar, provided said design is to only serve customers seated at tables, counters or booths. herewith asended to read as follows, to-vit: 9,112(2) .Conditional Uses WithT~.any "CB6" Business District, no structure or land shall be used for' the followlng Uses except by conditional use permit (al Accessory structures. (b) '(c) Dwelling units provi'ded: A) , The units do not occupy the first floor. That a roof intended for usable spa~e shall be enclosed by a wall or fence not less than five (5) feet in height.' Open sales lots provided that: i) ii) iii) The lot is surfaced and graded according to a plan submitted by the applicant and approved by the City Engineer. The assembly, repair, or manufacture of goods shall not occur within an open sales lot. If the operation of the open sales lot be self-operated'or automated in total or in part, a site plan shall be submitted indicating the location of such devices. There is located thereon a building devoted to and used in such sales use which is at least as large in floor area as such occupation and use. (d) (e) Off-street parking lots subject to Section 9.116(2). Parking ramps. (fi Public utility structures. (g) (h) Vending machines (coins operated) whether they be for service or product shall be permitted inside of a building; when )ocated outside of bui]ding they shall be considered as a building and conform to all applicable regulations. Should the vending machine be- the principal use on the site, off-street parking shall be provided at a ratio of one (1) space for each two vending devices. Restaurants, cafe, tea room, tavern,bar, provided said design is to only serve customers seated at tables, counters or booths. (i) Arcades Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: Continued Council Meeting September 29, 1981 page 7 9.112(3) .- Permitted Accessory Uses . Within the "£BD" Business District, the following uses shall be permitted accessDry uses. (al (bi - (c) Decorative landscape features. Off-street loading. Harquees and awnings on publlc and priGate property subject to Ordinance No. 195. Off-street parking for principal use gubject to Section g.l16(&). Any incidental repair or processing necessary to conduct a permitted prlncipal use provided the area does not exceed thirty (30) percent of the floor area devoted to the princlpai.use nor thirty percent of the man hours required to conduct the prlnclpal use. Signs as regulated by and to the extent pe~n~ttted by Section 9.117A. Private swimming pools. (hi Buildings temporarily located for purposes of constructing on the pre~nlses for a period not to exceed time normally necessary for such construction. is herewith amended to read as follows, to-wit: 9.112(3) Permitted Accessory Uses. Within the "CBD" Business District, the followlng uses shall be permitted access?ry uses. (a) Decorative l~ndscape features. (bi Off-'street loading. (c) Harquees and awnings on public and priGate property subject to Ozdinance No. 195. (el (fi Off-street parking for principal use subject to Section 9.116C4). Any incidental repair or processing necessary to conduct a permitted principal use provided the area does not exceed thirty (30) percent of the floor area devoted to the principal.use nor thirty (30) percent of the man hours required to conduct the principal use. Signs es regulated by and to the extent pe~ttte4.by Section 9.117A. Private swimming pools. Buildings temporarily located for purposes of constructing on the premises for a period not to exceed time normally necessary for such construction. Continued Council Meeting September 29, 1981 page 8 (il Games of skill provided: The number of such games shall not be sufficient to constitute an "arcade"; [ii] The games of skill may only be used at such times as the primary 'use of the property on which the games are located are open for business. Section [iii] The premises on which the games of skill are located must be entered by patrons only through the primary use of the building, and the premises on which the games of skill are located must have no direct entrance from the outside other than through the primary use. Provided, however, that the portion of the build- ~ng in which the "games" are located may have a fire door through which patrons may exit in times of emergency. Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: 9.113(2) Conditional Uses Within any "RB" Business District, no structure or land shall be used for the following uses except by conditional use permit. (al Accessory buildlngs. (b) Dwelling units provided. (c) (d) (el (fl (gl (hi The units do not access the first floor, and Access to dwellings is an exclusive entrance Off-street parking lots subject to Section g.ll6{2). Public utility structures which shall conform to the yard requirements and architectural style of the neighborhood. Open sales lots subject to Section Motor fuel stations (minor) subject to Section 9.117. Restaurant, cafe, tea room, bar, prepared food outlets subject tO Section 9.116(15). (il Drive-in-businesses subject to the following requirements: Hours of operation shall be confined to the period between lO:OD a.m. and 1:OD a.m. for those serving food or drink. ii) The entire area shall have a drainage system approved by the City Engineer. iii) The entire area other than that'occupied by the structure or planting shall be surfaced with a material which will control dust and drainage to the approval of the City Engineer. Continued Council Meeting September 29, 1981 page 9 iv) A box curb at least slx (~) Inches above grade shall separate the public walk from the lot except at approved entrances or exits. The llghtlng shall be accompllshed in such a way as to have no direct source of light visible from the public right-of- way or adjacent land in residential 'use. is'herevith a~ended to read as follows, to-At: 9.113(2) Conditional Uses Within any "RB" Business District, no structure or land shall be used for the following uses except by conditional use permit. (al Accessory buildings. (bi Dwelling units provided. (c) The unlts do not access the first floor, and Access to dwel]Jngs is an exclusive entrance (d) (e) (fl Off-street parking lots subject to Section 9.116(2). Public utility structures which shall conform to the yard requirements and architectural style of the neighborhood. Open sales lots subject to 5ection9.116(~). Motor fuel stations (minor) subject to Section 9.117. (h) Restaurant, cafe, tea room, bar, prepared food outlets subject t° Section 9.116(15). Drive-in-businesses subject to the following requirements: Hours of operation shall be confined to the period between lO:OD a.m. and I:OD a.m. for those serving food or drink. ii) The entire area shall have a drainage system approved by the City Engineer. iii) The entire area other than that occupied by the structure or planting sba]] be surfaced with a material which wi11 control dust and drainage to the approval of the City Engineer. iv) A box curb at least six (6) inches above grade shall separate the public walk from the lot except at approved entrances or exits. The lighting shall be accomplished in such a way as to have no direct source of light visible from the public right-of- way or adjacent land in resldential use. Arcades Continued Council Meeting September 29, 1981 page lO Section 4: This Ordinance shall be in full force and effect from and after thirty (30) days after /ts passage. First reading: Second read~ng: Date of pasg~e: September 15, 1981 September 29,11981 September 29, 1981 Offered by: Seconded by: Roll call: Heintz Hentges Logacz, Heintz, Hentges, /jo-Ann~ Student, secretary Nawro~..ki--aye/- I~or~erg--na~/ Bruce G. Nawrocki, Mayor to the Council d. Second Reading of Ordinance No.980 being an ordinance amending Ordinance No.853, City Code of 1977, pertaining to salaries. This ordinance proposes changes in the salaries of the Mayor and the City Council members. In addition, the ordinance pro- vides for participation in the Pub)it Employees Retirement Association and purchase of prior years' service credits. Motion by Logacz, second by Heintz to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes Councilman Norberg felt the salaries as proposed will attract people who are not pri- marily interested in the job but the money ORDINANCE NO. 980 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO SALARIES The City Council of the City of Columbia Heights does ordain: Section 1. Section 2.102(1) of Ordinance No.853, City Code of 1977, passed on June 21 1977, which reads as follows, to wit: ' "Pursuant to the provisions of Minnesota Statutes 415.11, the salary of each Councilman is hereby established at the rate of $350.00 per month and the salary of Mayor is hereby established at the rate of $600.00 per month." (originally passed September 24, 1973) is herewith amended to read as follows, to wit: "2.102(1) Pursuant to the provisions of Minnesota Statutes 415.)1, effective January 1, 1982, the salary of each Councilman is hereby fixed at $5,400.O0 per year, payable at the rate of $450.00 per month, and the salary of the Mayor is hereby fixed at $9,OO0.00 per year, payable at the rate of $750.00 per month. As of January l, 1983, the salary of each Councilman shall be $6000.00 per year, payable at the rate of $500.00 per month, and the salary of the Mayor shall be $10,2OO.OO per year, payable at the rate of $850.00 per month. Continued Council Meeting September 29, 1981 page 11 2.102 (2) Each Councilman and the Mayor shall have such option as is allowed by State law to become members of and participate in the Public Employees Retirement Association (PERA). Upon a Councilman or Mayor exercising such option to become a member, the City shall pay the employer's share as required by law, and the Councilman or Mayor so electing mem- bership shall have deducted from his salary the employee's share as is provided by law. Upon becoming eligible to do so under State law, each Councilman or the Mayor shall have the option to purchase such prior service credit as is allowable by statute by paying the employee's share as provided by State law. Upon such payment to purchase prior service credit by a Councilman or Mayor, the City shall pay to the Asso- ciation a matching amount as provided by State law." Section 2: This Ordinance shall be in full force and effect from and after January l, 1982. First Reading: Second Reading: Date of Passage: September 21, 1981 September 29, 1981 September 29, 1981 Offered by: Hentges Seconded by: Heintz Roll Call: Logacz, Heintz, Hentges, Nawrocki--aye~._ Bru~ G. Nawrocki, Mayor ~"Jo-An~'e Stu~len't, Co~l~Trci 1 Secretary e. First Reading of Ordinance No.981 being an ordinance conveying a reverter interest in certain real estate. Motion by Heintz, second by Hentges to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 981 BEING AN ORDINANCE CO~WEYING A REVERTER INTEREST IN CERTAIN REAL ESTATE The City Council of the City of Columbia Heights does ordain: Section 1: The City of Columbia Heights is hereby authorized to convey and quit claim to Douglas M. Bauley and Elsie C. Bauley, husband and wife, the following described property, to-wit: That part of' Outlot A, 2nd Subdivision of Block F, Columbia Heights Annex to Minneapolis, that lies West of the Wes~ line of Lot 14, Block 4, Colum- bia Heights Annex to Minneapolis, extended Southerly to the South line of Outlot A, excepting therefrom that part of the above described tract which is included in the following description: That part of Outlot A, Second Subdivision of Block F, Columbia Heights Annex according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for Anoka County, Minnesota, described as follows: Commencing at the North- west corner of said Outlot A, thence Easterly to the easterly line of Lot Continued Council Meeting September 29, 1981 page 12 Twelve (12), extended, thence South at right angles One Nundred Forty-six (146) feet; thence West at right angles Two Mundred (200) feet; thence North at right angles Ninety-six (96) feet; thence West at right angles to the Westerly line of said Outlot A, thence Northeasterly along the said Westerly line to the point of beginning, together with that part of the South Half of 38-1/2 Avenue N.E., which has been vacated lying Northerly of the tract of land above described. The above tract is subject to a continuous 15 foot wide easement for the installation and maintenance of utilities along the Northerly lines and the Easterly line of said tract. Section 2: The Ymyor and City Manager are herewith authorized to execute such docu- ments as are necessary to make the said conveyance. Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: Second reading: Date of passage: Offered by: Seconded by: Roll call: September 29, 1981 Bruce G. Nawrocki, Mayor Jo-Anne Student, Secretary to the Council 4. Reports a. Report of the City Manager This report was presented in writing. The City Manager advised that he had met with the Park Board and the Astro City Play structure in Keyes Park was scheduled to be taken down. Alternatives for the disposition of this structure were discussed. Motion by Norberg, second by Heintz to direct the City Manager to leave the structure where it is until another place may be found for it. Roll call: All ayes The City Manager had requested concurrence from the Council for the hiring of an Administrative Intern. Discussion followed regarding the duties and responsibilities of the individual to be hired. Councilman Hentges stated he would not support this request in that there is presently enough staff to do this work. Motion by Hentges, second by Norberg to deny the request. Roll call: Hentges, Nawrocki-- aye Heintz, Logacz, Norberg--nay Motion fails Motion by Heintz, second by Norberg to grant the request for an intern. Roll call: Logacz,, Heintz, Norberg--aye Hentges, Nawrocki--nay Motion passes. b. Report of the City Attorney There was nothing to report at this time. Continued Council Meeting September 29, 1981 page 13 5. Licenses Motion by Heintz, second by Logacz to approve the licenses, as listed, upon payment of proper fees. Roll call: All ayes 6. Payment of Bills Motion by Heintz, second by Hentges to pay the bills out of the proper funds. Roll call: All ayes Adjournment Motion by Logacz, second by Heintz to adjourn the meeting at Student, Cou~-~]l Secretary 1:15 am. Roll c~/~l: All ayes Bruc~E-'G. Nawrocki, Mayor