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HomeMy WebLinkAboutJul 12, 1982OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING JULY 12, 1982 The meeting was called to order by Mayor Nawrocki at 8:00 pm. 1. Roll Call Hovland, Petkoff, Norberg, Hentges, Nawrocki--present 2. Invocation The Invocation was offered by Pastor Richard Mork of First Lutheran Church. 3. Minutes of Previous Meetings Motion by Petkoff, second by Hovland to approve the minutes of the Continued Board of Review Meeting of May 25th; and the Regular Council Meeting of June 28th; as presented in writing and that the reading be dispensed with. Roll call: All ayes 4. Oral Petitions At this time the Mayor presented a plaque to retiring Firefighter Don Aker and con- gratulated him on his long and dedicated service to the City. Don was a firefighter for the City of Columbia Heights for twenty years. One resident had questions concerning tree trimming in the City. The City Manager advised him of the City policy on this matter. 5. Ordinances and Resolutions a. Second Reading of Ordinance No.lO04 This ordinance would expand the hours of operation pertaining to club liquor licenses. Motion by Hentges, second by Norberg to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes Councilman Norberg felt more than just statewide elections should be addressed in sec- tion (a) which speaks to being closed for the sale of alcoholic beverages on election days. Motion to amend section (a) by Norberg to include the language "or local government elections." Motion dies for lack of a second. ORDINANCE NO. 1004 The City Council of the City of Columbia Heights does ordain: Section 1: 5.5o2(8) (a) (b) (c) (d) (e) (f) Section 5.502(8) of Ordinance No.853, City Code of 1977, passed June 21, 1977, which read as follows, to-wit: Clubs which are licensed pursuant to the provisions of this section shall be subject to the following regulations: Sales shall only be made during the hours of 4:00 pm to I:00 am, Monday through Friday, and 1:00 pm to 1:O0 am on Saturday. No sale of any intox- icating or non-intoxicating malt liquor or intoxicating liquor shall be made on Sundays, nor between the hours of 1:OO am and 8:00 pm on any day of a statewide election. Sales shall be made only to club members and their guests. Liquor may only be sold at the premises designated in the license. The Clerk shall be notified of any change in the person managing the liquor operations for the club. The license shall at all times keep in full force and effect the bond or insurance as required by this section. Failure at any time to do so shall be grounds for immediate revocation of this license. No licensee, or any agent or employee of such licensee shall violate any of the provisions of State law relating to the sale, possession, manufacture Regular Council Meeting July 12, 1982 page 2 or transportation of liquor upon the premises of a licensee operating with a license issued pursuant to the provisions of this section." is herewith amended to read as follows, to-wit: 5.502(8 (a (b (c (d (e (f Section 2. Clubs which are licensed pursuant to the provisions of this section shall be subject to the following regulations: No sales of any intoxicating or non-intoxicating malt liquor or int6xicatlng liquor may be made after 1:00 am on Sunday, before 10:00 am on Monday, be- tween the hours of l:O0 am and 10:00 am on any weekday, or between the hours of l:O0 am and 8:00 pm on any day of a statewide election. Sales shall be made only to club members and their guests. Liquor may only be sold at the premises designated in the license. The Clerk shall be notified of any change in the person managing the liquor operations for the club. The licensee shall at all times keep in full force and effect the bond or insurance as required by this section. Failure at any time to do so shall be grounds for immediate revocation of the license. No licensee, or any agent or employee of such licensee shall violate any of the provisions of State ]aw relating to the sale, possession, manufac- ture or transporation of liquor upon the premises of a licensee operating with a license issued pursuant to the provisions of this section. 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: June 28, 1982 July 12, 1982 July 12, 1982 Offered by: Seconded by: Roll call: Hentges Petkoff Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--abstain b. Second Reading of Ordinance No. 1005 This ordinance addresses public nuisances, particularly habitual barking or crying of animals to the annoyance of neighbors. There was some discussion as to what constitutes habitual or frequent barking or crying of animals and the measures that could be taken when there are complaints from neighbors. Motion by Norberg, second by Petkoff to waive the reading of the ordinance there being ample copies available to the pub]ic. Roll call: All ayes ORDINANCE NO. 1005 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO A PUBLIC NUISANCE The City Council of the City of Columbia Heights does ordain: Section l: Section 8.102(1) of Ordinance No.853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: 8.102(1) The owner or custodian of any animal permanently or temporarily in the Cit: shall have the obligation and responsibility to prevent such animal from committing any act which constitutes a public nuisance, which shall include, but not be limited to, the following acts: Regular Council Meeting duly 12, 1982 page 3 (a) (b) (c) (d) Habitually or frequently bark or cry at night to the annoyance of neighbors or the general public. Molest or annoy any person if such person is not on the property of the owner or custodian of such animal. Molest, defile, or destroy any public or private property not belonging to the owner or custodian of such animal. Chase vehicles or otherwise run at large within the City. shall hereafter read as follows, to-wit: 8.102(1) The owner or custodian of any animal permanently or temporarily in the City shall have the obligation and responsibility to prevent such animal from committing any act which constitutes a public nuisance, which shall include, but not be limited to, the following acts: (a) Habitually or frequently bark or cry to the annoyance of neighbors or the general public. (b) Molest or annoy any person if such person is not on the property of the owner or custodian of such animal. (c) Molest, defile, or destroy any public or private property not belonging to the owner or custodian of such animal. (d) Chase vehicles or otherwise run at large within the City. 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: June 28, 1982 July 12, 1982 July 12, 1982 Offered by: Norberg Seconded by: Hentges Roll call: All ayes Jo-Anne Student, Council Secretary Bruce G. Nawrocki, Mayor c. Resolution 82-38 Subdivision Request This subdivision request is being made by Robert Foster for property located at 1003 and 1007 42nd Avenue. Motion by Hentges, second by Hovland to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes Fee $10.OO RESOLUTION 82-38 Date Paid: 6-1-82 Receipt No: 8470 I, Robert L. Foster P.I.N. 36 30 24 23 0060 Hereby request a split of PLAT NO. 34416, PARCEL NO. 3540 Legally described as: Lot 36 (Ex. S.5') (Subj. to road and utility ease. over N.30'), Block 3 Reservoir Hills, Anoka County, Minnesota. THE DESCRIPTION HENCEFORTH TO BE: 1. The East ½ of North 165' of Lot 36(Subj. to rd & uti1. ease. over N.30') 2. The West ½ of North 165' of Lot 36(Subj. to rd & util. ease. over N.30') 3. The East ½ of that part of Lot 36 lying South of the North 165' (Except South 5') 4. The West ½ of that part of Lot 36 lying South of the North 165' (Except South 5') All in Block 3, Reservoir Hills, Anoka County, Minnesota. Be it further resolved that special assessments of record in the office of the City of Columbia Heights as of this day, against the above described property, in the amount of $4,787.46 be divided. Any pending or future assessments will be levied according to the new split as approved this day. Regular Council Meeting July 12, 1982 page 4 Planning Department Action: Signature of Owner, Notarized 1449 N. Spring Valley Roadt Mplst 55422 Owner's address / Telephone No. 588-O214 City Council Action: Subscribed and sworn to before me this APPROVED this 17 day of Offered by: Hentges Seconded by: Hovland Roll Call': All ayes 19 1st day of June 19 82 2 My Commission Expires Jan. 14,1989 Secretary to the Council Bruce G. Nawrocki, Mayor d. Resolution 82-39 Being a Resolution Establishing the Salary of the City Manager The Performance Evaluation of the City Manager had been done at work sessions of the City Council previous to this regular meeting. RESOLUTION 82-38 BEING A RESOLUTION ESTABLISHING THE SALARY FOR THE CITY MANAGER BE IT HEREBY RESOLVED that the City Council of the City of Columbia Heights establish the salary for the position of City Manager at $41,949 per year; and that this rate be effective as of April 3, 1982, and BE IT FURTHER RESOLVED that the City Manager's performance and salary be again reviewed in November, ]982. Passed this 12th day of July, 1982. Offered by: Seconded by: Roll call: Norberg Petkoff Hovland, Petkoff, Norberg--aye Hentges, Nawrocki--nay Jo-Anne Student, Council Secretary 6. Communications Bruce G. Nawrocki, Mayor a. Planning and Zoning Commission 1. Frederick Schultz, 5045 Johnson St. Special Purpose Fence Motion by Hovland, second by Norberg, upon re.commendation of the Planning & Zoning Com- mission, to grant approval for the construction of a 7' special purpose fence provided Regular Council Meeting July 12, 1982 page 5 it would not go beyond the large tree located approximately 17' from the corner of the home at 5045 Johnson and 17' from the home at 5035 Johnson. Roll call: All ayes 2. Walter Davis, 2317 N.E. 37th Place Conditional Use Permit Motion by Norberg, second by Hentges, upon recommendation of the Planning & Zoning Commission, to grant approval of a conditional use permit for a take-out pizza food establishment at 2317 37th Place to Walter Davis conditioned on Mr. Davis al- lowing no consumption of food on the premises. Roll call: All ayes 3. Mr. & Mrs. Robert Schewe, 1207 Borealis Lane Conditional Use Permit Appeal of Planning and Zoning Decision Mr. & Mrs. Schewe appeared before the Commission requesting a conditional use permit to conduct a telephone answering service as a home occupation employing three people other than those residing in the home. This request was denied by the Commission. Discussion of this request was had by the Council and residents of the area who were concerned with the impact it may have on their neighborhood. Motion by Hentges, second by Hovland to deny the appeal of Mr. & Mrs. Robert Schewe of the decision of the Planning and Zoning Commission. Roll call: All ayes 4. Darlene Gerber, St. Timothy's Church, 825 51st Avenue, Conditional Use Permit Motion by Hentges, second by Hovland to grant the conditional use permit, upon rec- ommendation of the Planning and Zoning Commission, to Darlene Gerber for a Montessori School at 825 51st Avenue provided the 75 square feet of fenced play area per child is provided. Roll call: All ayes 5. David and Rene Chan and Simon and Angela Tse, 2301 37th Place Conditional Use Permit Motion by Petkoff, second by Hovland to grant a conditional use permit, based on a recommendation of the Planning and Zoning Commission, to David and Rene Chan and Simon and Angela Tse to operate a chinese restaurant at 2301 37th Place. Roll call: All ayes b. Traffic Commission 1. Placement of Stop Sign at 43½ Avenue and Tyler Place The recommendation of the Traffic £ommission on this item was discussed. Motion by Hentges to concur with the Traffic Commission recommendation that a stop sign be installed stopping south bound traffic on Tyler Place and that barricades be installed at the west end of 43½ Avenue restricting traffic beyond the deadend; and, furthermore, that the stop sign stopping west bound traffic on 43½ Avenue be removed. Motion dies for lack of a second. Considerable discussion followed regarding traffic in this area. Councilman Hentges reviewed most of the discussion had at the Traffic Commission meeting on this subject. Councilman Norberg had concern with the impact the recommended actions may have on the businesses in the area and felt more information should be gotten on this aspect of the problem. Motion by Norberg, second by Hovland to table this matter until after the next Traffic Commission meeting at which time the Commission can review this matter. Roll call: All ayes 2. Stockpiling Seal Coat Aggregate Motion by Hentges, second by Norberg to authorize the City Engineer to use his discretion as to the area of McKinley Street between 39th Avenue and 39½ Avenue or the extension of Cleveland Street south of 43 Avenue in order to stockpile seal coat aggregate for a period of approximately 3 weeks; and, to allow McKinley to be blocked. Roll call: All ayes Regular Council Meeting July 12, 1982 page 6 c. Surface Water Management Act Seminar This seminar is being held on August 6th at the Earle Brown Center in St. Paul. This was an informational item. 7. Old and New Business a. Old Business 1. Lease Agreement for Anoka County Court Facilities Motion by Hentges, second by Hovland to authorize the Mayor and City Manager to execute the revised lease agreement with Anoka County for the leasing of space to the Anoka County Court Facility. This will be a two year lease which will ter- minate on February 4, 1984. The lease is for space rented to the Anoka County Court system for the following space in the Columbia Heights City Hall: court offices, council chambers, vestibule and hall and the conference room. Roll call: All ayes The Mayor requested that the City Manager review the utility bills for these areas. He noted that there have been significant increases in some utility charges and wanted to be assured that the City was being compensated properly. b. New Business 1. Award of Towing Bid The low bid was from Shorty~s Towing Service. The Police Chief submitted to the Council a list of twenty-six items regarding contract violations. He recommended that Shorty's Towing Service be found to be a '~not responsible" bidder based on this list of contract violations. Much discussion followed regarding some of the statements being questionable because they can't be reaffirmed. Some of the items that appeared in the list were del- eted and the City Attorney was asked if those remaining would be a reasonable record on which a contract should not be given. The City Attorney advised that it would. Represe- ntatives of the towing service were in attendance at the meeting. The list of contract violations dates from October 1980 to the present. Motion by Hentges, second by Nawrocki to award the City's towing contract for the period of August 1, 1982 to July 31, 1983, to Sroga's Standard based upon low, formal bid; and furthermore, the Council finds that the documented report of contract vio- lations by the Police Chief are true and correct and that Shorty's Heavy Duty Wrecker, Inc. is, therefore, an irresponsible bidder. Roll call: All ayes RECESS: ]0:25 RECONVENE: 10:45 2. Smoke Ejector Purchase The Fire Department is requesting authorization to purchase one 24" explosion-proof smoke ejector from Mid Central Fire in the amount of $835. Councilman Norberg felt the specifications that accompanied this request had no merit in that the smoke ejector had only a ten foot cord. He noted that from an engineering standpoint if this unit were only ten feet from the source of heat it would hardly be explosion proof. It was suggested by the City Manager that the request be authorized with the understanding that the unit be modified with a longer cord. This suggestion was re- jected since the Council would have no opportunity for follow up to know if this modification had been done. Councilman Norberg felt a whole new proposal should be presented to the Council. Motion by Norberg, second by Petkoff to table this item for further consideration and that further information should be gotten by the Fire Department. Roll call: All ayes 3. Establish Dates for Public Improvement and Assessment Hearings for Downtown Development Area-Westslde Project Regular Council Meeting July 12, 1982 page 7 A hearing date of July 29th had been recommended by the City Manager but due to a publishing error he changed his recommendation to August llth. Councilman Norberg questioned why it could not be set for a time earlier in August. It was noted that the City Manager and the Director of the HRA would not be in town. Councilman Nor' berg felt if the presentations for this.hearing could not be handled by others on the staff perhaps delegating of authority was not properly being done. The City Man- ager said others on the staff could prepare the presentation. Motion by Petkoff, second by Hovland to establish a ~ublic Improvement Hearing and a Special Assessment Hearing for August ll, 1982 at 7:30 pm in the City Council Chambers to consider the construction and assessment of related costs of parking facilities and amenities to be located in the Downtown Development area west of Central Avenue. Roll call: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--nay 4. Authorization to Purchase Channel Posts for Signs Motion by Hentges, second by Hovland to authorize the City Manager to purchase 200 channel posts from Gopher Sign Company of St. Paul in the amount of $1,040 based upon Hennepin County low bid. Roll call: All ayes 5. Request Direction Regarding Negotiations Versus Rebidding of Rubbish and Garbage Hauler Contract The City presently has a contract with MCS which will terminate on November 28, 1982. The City Manager advised the Council that the service of MCS has been very good for the last two years with few complaints from residents. Councilman Hentges felt this is the time going out for bids should be considered because of the economy. Motion by Norberg, second by Hovland to authorize the City Manager to negotiate with MCS for a period of one month for a new hauling contract and report back to the Council within thirty days. Mayor Nawrocki had concern with this type of negotiating that had a defined length of time (thirty days) included in it. Roll call: Hovland, Petkoff, Norberg--aye Hentges, Nawrocki--nay 6. Other New Business a. Insurance Costs Councilman Norberg had been informed that insurance costs are being pro-rated dif- ferently than in the past. These insurance cost monies are being extracted out of the General Government Buildings Fund and being allocated against the individual departments. The City Manager explained the reasons for making this accounting change and felt it would be beneficial to the operation of the City. Councilman Norberg was concerned that some departments would show an overrun in their budgets since this change was made mid year. The Mayor felt this matter should be addressed in a work session when the audit and six month financial statement are discussed. b. Letter from Miss Columbia Heights Members of the Council received a letter from Laurie Laliberte, Miss Columbia Heights, thanking them for their support in her year's reign. c. Letter Regarding Fourth of July Fireworks A letter was received from a resident expressing her hope that the fireworks previous- ly sponsored by the City of Columbia Heights can again be held. The fireworks were not scheduled in 1982 because of budget cutbacks. d. Letter from Columbia Heights International Club A letter was received from representatives of the Columbia Heights International Club at the Senior High School. The letter explained the formation and the goals of the Club. It is the hope of the Club to send representatives from Columbia Heights to the Model U.N. at the Hague again this coming school year. The letter Regular Council Meeting July 12, 1982 page 8 writers requested consideration by the Council for financial support toward this goal. Councilman Hentges noted that last year the Council gave $200 for this cause as well as some of the individual members of the Council and the Mayor donating personal funds. He felt that given the financial complexion of funds this year that the City should not be donating money at this time, but rather' he would sug- gest members of the Council make personal donations. Motion by Nawrocki, second by Petkoff to contribute $200 sponsoring travel of students to the Netherlands to attend the 15th Annual Model United Nations and each Council member can make a personal contribution. Roll call: Hovland, Petkoff, Nawrocki--aye Norberg, Hentgesu-present. Personal contributions should be given to lhe Council Sec- retary. 8. Rep~'~s a. Report of the City Manager This report was presented in writing and many of the items were discussed. b. Report of the City Attorney The City Attorney had nothi:~g to report at this time. 9. Licenses Motion by Norberg, second b'y' F'etkoff to approve the licenses as listed upon payment of proper fees. Roll call: Ail ayes 10. Payment of Bills Motion by Hentges, secong by Hovland to pay the bills as listed out of proper funds. Roll call: All ayes Appreciation Dinner fo- Ruth We]ch The Apache Plaza Merchants ara hosting an Appreciation Dinner for Ruth Welch on Wednesday, July 28th and the ~a'/,::' and members of the Council ~ere invited to attend, Adjournment Motion by Norberg, second by Hentges to adjourn the meeting at ]2:15 am. Roll call: A11 ayes Bruce,. Nawrocki, Mayor ~o~:AnMe Studc,-,t; Cou-r:c,~F- Secret~ary