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HomeMy WebLinkAboutJun 27, 1983OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING JUNE 27, 1983 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 William Otte of St. Matthew Lutheran Church. 3. Minutes of Previous Meetings Motion by Hentges, second by Hovland to approve the minutes of the City Council meeting of June 13th as presented in writing and that the reading be dispensed with. Roll call: All ayes ~. Oral Petitions The president of the Jaycee Women stated that the organization ~ould like to sell pop and popcorn at the City's Fourth of July celebration in Huset Park but were not aware that a license was needed until after the license list for this meeting had been prepared. It was advised that a representative of the Jaycee Women appear in person at the meeting to make the request. A license application was filled out for this request and submitted to the Licensing Department. Motion by Petkoff, second by Hovland to approve the license application for the Columbia Heights Jaycee Women to sell pop and popcorn on the Fourth of July at Huset Park and that the fee be waived since the proceeds from the sales will be used for a con~unity purpose. It was noted that the Anoka County Health Department must also be contacted. Roll call: All ayes The president of the Columbia Heights Jaycees requested permission for the Jaycees to sell non-intoxicating malt liquor at Huset Park on the Fourth of July. Since the Jaycees have an existing beer license no approval was needed. He noted that the organization is covered with a dram shop license. Motion by Hentges, second by Hovland to authorize the Jaycees to use their existing beer license to sell non-intoxicating malt liquor at Huset Park on the Fourth of July between the hours of 6:30 and 10:00 pm. Roll call: Hovland, Hentges, Nawrockl--aye Norberg-- abstain Petkoff--nay Councilmember Petkoff stated she had concern with dispensing beer in a crowd that is anticipated to be large and still maintaining control. She felt the possibility of the beer being passed on to minors or of having liquo? added to it was a legitimate concern. Residents whose homes are in the Summit and Fifth Street area came to the meeting to state their complalnts and concerns regarding an existing problem they have with a homeowner in the neighborhood. They reviewed some of their experiences and requested some assistance from the Council to improve the situation. The City Attorney advised them of the actions that could be pursued by them as well as by the City. Councilman Movland suggested that members of the Council and the staff walk down to the property in question for an on- site inspection. RECESS: 8:qO pm RECONVENE: ~:00 pm 5. Ordinances and Resolutions a. Second Reading of Ordinance 10hl Zoning Amendments Motion by Norberg, second by Hovland to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes Regular Council Meeting June 27, 1983 page 2 The purpose of this ordinance is to amend the zoning ordinance from a required four-fifths vote on zoning amendments to a majority of the City Council. Motion by Norberg, second by Hentges to table this matter for further consideration. Ro]l call: Norberg, Hentges--aye Hovland, Petkoff, Nawrocki--nay Notion to table falls. ORDINANCE NO. 1041 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO ZONING AMENDMENTS Section 1: Section 9.105(4) of Ordinance No. 853, City Code of 1977, passed June 21, 1977 which reads as follows, to-wit: 9.105(4) Amendments of Zoning Ordinance "The Council may from time to time by 4/5 vote of the entire Council, adopt amendments to this Ordinance. (al Initiation for Amendment: The Council or Commission may, upon their own motion, initiate a request to amend the text or the districting map of this Ordinance. Any person owning real estate may petition the Council to amend the district boundaries so as to affect his real estate or a larger parcel which includes said real estate. (bi Application for Amendment: All applications for amendments which are initiated by the petition of owners of property or residents shall be filed with the Zoning Administrator. When said application involves the changing of zoning districts and boundaries thereof it shall be accompanied by a map or plat showing the lands proposed to be changed and all lands within 300 feet of the boundaries of the property proposed to be rezoned, together with cert- ified list of names and addresses of the owners of lands in such area. For the purpose of determining the names and addresses for such a list any ap- propriate records may be used. (c) Referral to the Commission: All petitions for amendments shall be referred to the Commission which shall hold an official public hearing within 60 days of the date of filing such petition. (d) Hearing: The Zoning Administrator shall cause to be published, a notice of public hearing in the official newspaper at 1east 10 days but not more than 30 days prior to the date of the hearing. (el Action by the Commission: If the request is for a district change, notices shall be mailed to the owners of property within 300 feet of the property or of the boundaries of contiguous property owned or appreciably controlled by the owner of the property proposed to be rezoned as shown on the certified list. A copy of the notice and a llst of the owners and addresses to which the notice was sent shall be attested to by the Zoning Administrator or his delegated responsible person and shall be made a part of the records of thc proceedings. Failure to a property owner to receive notice shall not Invalid- date any such proceedings as set forth within this Ordinance. (fi Action by the Council: The Council shall, upon receiving the recommendation of the Planning Commission, place such request on the agenda of a regular Regular Council Meeting June 27, 1983 page 3 (g) meeting for consideration of a first reading.The second reading of the request to amend the text or the district map of this Ordinance shall constitute a public hearing. A notice of the time, place, and purpose of the public hearing shall be published in the official newspaper of the City at least ten days prior to the day of the hearing. Similar notice shall be mailed to the owners of the property within 300 feet on the certified list. Failure of a property owner to receive notice shall not Invalidate any proceedings as set forth within this Ordinance. Notification to the applicant shall be made of the Council's action, unless applicant agrees to a continuance. Change of Zone Limitations: Once a request for change of zones has been filed and acted on by the Council, the same request cannot be applled for until six months time has elapsed from Councll action." shall hereafter read as follows, to-wit: (al 9.105(41 Amendments of Zoning Ordinance Initiation for Amendment: The Council or Commission may, upon their own motion, initiate a request to amend the text or the districting map of this Ordinance. Any person owning real estate may petition the Council to amend the district boundaries so as to affect his real estate or a larger parcel which includes said real estate. (bi Application for Amendment: All applications for amendments which are initiated by the petition of owners of property or residents shall be filed with the Zon- ing Administrator. When said application involves the changing of zoning dist- ricts and boundaries thereof it shall be accompanied by a map or plat showing the lands proposed to be changed and all lands within 300 feet of the boundaries of the property proposed to be rezoned, together with certified list of names and addresses of the owners of lands in such area. For the purpose of determin- ing the names and addresses for such a list any appropriate records may be used. (c) Referral to the Commission: All petitions for amendments shall be referred to the Commission which shall hold an official public hearing within 60 days of the date of filing such petition. (d) (e) Hearing: The Zoning Administrator shall cause to be published, a notice of public hearing in the offlcial newspaper at least 10 days but not more than 30 days prior to the date of the hearing. Action by the Commission: If the request is for a district change, notices shall be mailed to the owners of property within 300 feet of the property or of the boundaries of contiguous property owned or appreciably controlled by the owner of the property proposed to be rezoned as shown on the certified list. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the Zoning Administrator or his dele- gated responsible person and shall be made a part of the records of the pro: ceedings. Failure to a property owner to receive notice shall not invalidate any such proceedings as set forth within this Ordinance. (fl Action by the Council: The Council shall, upon receiving the recommendation of the Planning Commission, place such request on the agenda of a regular meeting for consideration of a first reading. The second reading of the re- quest to amend the text or the district map of this Ordinance shall constitute Regular Council Meeting JUne 27, 1983 page 4 a public hearing. A notice of the time, place, and purpose of the public hear- ing sba]] be published in the official newspaper of the City at least ten days prior to the day of the hearing. Similar notice sha]l be mailed to the owners of property within 300 feet on the certified ]ist. Failure of a property owner to receive notice shal] not invalidate any proceedings as set forth within this Ordinance. Notification to the applicant shal) be made of the Council's action, unless applicant agrees to a continuance. (gl Change of Zone Limitations: Once a request for change of zones has been filed and acted on by the Council, the same request cannot be applied for until six months time has elapsed from Council action. 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 13, 1983 June 27, 1983 June 27, 1983 Offered By: Seconded By: Roll Call: Norberg Hovland Hovland, Petkoff, Nawrocki--aye Norberg, Hentges--nay Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary b. Second Reading of Ordinance No. 1044 Sale of Certain Real Estate Ordinance No. lb44 amends Ordinance No. 853 and pertains to the sale of certain real estate at 1237 42½ Avenue to James E. Prokopowicz Motion by Norberg, second by Petkoff to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 1044 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE SALE OF CERTAIN REAL ESTATE AT 1237 42½ AVENUE NORTHEAST TO JAMES E. PROKOPOWICZ The City Council of the City of Columbia Heights does ordain: Section I: The City of Columbia Heights shall sel) and convey unto James E. Prokopowicz the real property described as follows, to-wit: The South 165' of Lot 6, Block 3, Reservoir Hills, except the west 110' thereof (reserving and subject to a roadway and utility easement over the south 30' thereof, according to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota Section 2: The Mayor and City Manager are herewith authorized to execute a Quit Claim Deed to effectuate the conveyance of the said real estate. Section 3: The purchase price shall be $12,000.00. Section 4: This ordinance shall be in full force and effect from and after thirty (30) Regular Council Meeting June 27, 1983 page 5 days after its passage. First Reading: Second Reading: Date of Passage: June 13, 1983 June 27, 1983 June 27, 1983 Offered By: Hentges Seconded By: Petkoff Roll Call: All ayes Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary c. First Reading of Ordinance No. 1043 Pertaining to Lot Splits This ordinance would permit lot splits where the created lots may be up to ten feet front footage less than the required minimum lot width for the zone in which the property is located. Councilman Norberg wanted included in the ordinance that the result of any lot- split would not result in more than two pieces. Motion by Hentges, second by Petkoff to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 1043 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO LOT SPLITS The City Council of the City of Columbia Heights does ordain: Section 1: Section 9.407(2) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: "Whatever such "lot split" is to be made hereunder, such subdivision can be made without further platting with approval of the Council if the Council shall find that such subdivision facilitates and does not hinder the trans- fer and conveyance of the land; does not hinder the making of assessments and keeping of records connected therewith; that it does not result in the creation of any parcel (within or without the subdivision) of a size in area or frontage which is less than is required for purposes of construct- ion of a building on such parcel under the zoning laws and building reg- ulations of the City; that the subdivision to be made is not made for the purpose of avoiding such conditions and restrictions with respect to the land as might be imposed upon a platting; that the subdivision is in ac- Cordance with the goals of the prevailing zoning ordinances and City plan; and that the subdivision has provided such plans for drainage, streets, sewers, and other public utilities as Is consistent with sound engineering and planning standards." shall hereafter read as follows, to-wit: "Whenever such "lot split" is to be made hereunder, such subdivision can be made without further platting with approval of the Council if the Council shall find that such subdivision facilitates and does not hinder the tran- sfer and conveyance of the land; does not hinder the making of assessments and keeping of records connected herewith; does not result in the creation of any parcel (within or without the subdivision) of a size In area which is less than is required for purposes of construction of a building on such parcel under the zoning laws and buildlng regulations of the City, and does June 27, 1983 page 6 not result in the creation of any parcel which is more than 10' less than the minimum lot width required by the Zoning Code for building on the said parcel. The Council must further find that the subdivision to be made is not made for the purpose of avoiding such conditions and restrictions with respect to the land as might be imposed upon a platting; that the subdivision is in accord- ance with the goals of the prevailing zoning ordinances and City plan; and that the subdivision has provided such plans for drainage, streets, sewers, and other public utilities as is consistent with sound engineering and planning standards." Section 2: Section 9.103(37) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: Lot of Record: Any lot which is one (1) unit of a plat heretofore or hereafter duly approved and filed, or one (1) unit of an Auditor's Subdivision or a Reg- istered Land Survey, or a parcel of land not so platted, subdivided or regist- ered for which a Deed, Auditor's Subdivision or Registered Land Survey has been recorded in the office of the Register of Deeds or Registrar of Titles for Anoka County, Minnesota prior to the effective date of this Ordinance. A lot of record is also any parcel created by a lot split pursuant to .Section 9.407 of this Ordinance." Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: June 27, 1983 d. Resolution 83-31 Lot Split, 4144 Polk Street Anna Strand is requesting to split off the south 13 feet from her property at 4144 Polk Street and sell it to the adjoining property owners, Mr. & Mrs. Staatz, 4134 Polk Street. Motion by Hentges, second by Norberg to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION 83-31 SUBDIVISION REQUEST I, Anna E. Strand, hereby request a split of PLAT 33077 PARCEL 2310 KEY 244881 PIN 36 30 24 13 0076 Legally described as: Lot 3, Block 15, Auditor's Subdivision of Walton's Second Subdivision, Anoka County, Minnesota. THE DESCRIPTION HENCEFORTH TO BE: 1. The Northerly 87' of Lot 3, measured along front and rear lines, Block 15, Auditor's Subdivision of Walton's Second Subdivision, Anoka County, MtJ. 2. The Southerly 13' of Lot 3, measured along front and rear lines, Block 15, Auditor's Subdivision of Waiton~s Second Subdivision, Anoka County, MN. _ ( To be combined with PIN 3630 24 13 O078.) 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 $ -O- be divided. Paid. Any pending or future assessments will be levied according to the new split as approved this day. Regular Council Meeting June 27, 1983 page 7 PLANNING & ZONING DEPARTMENT ACTION: APPROVED This 7th day of June, 1983. Offered by: Nixon Seconded by: Heintz Roli call: All ayes LeRo¥ Goranson Zoning Officer CITY COUNCIL ACTION: APPROVED This 27th day of June, 1983. Offered by: Norberg Seconded by: Hentges Roll call: All ayes Anna E. Strand (si~) Signature of Owner, Notarized qlqq Polk Street N.E. Owner's Address Telephone No. 788-0567 Subscribed and sworn to before me this 16th day of June, 1983. Bonnie A. Jewett Notary F~tbl ic Jo-Anne Student, Council Secretary Bruce G. Nawrocki, Mayor e. Resolution 83-32 Reimbursement for Police Officer Training Motion by Hentges, second by Norberg to waive the reading of the resolution there being ample copies available to the public. Rol1 call: Ali ayes RESOLUTION 83-32 RESOLUTION AUTHORIZING CHIEF OF POLICE A~O CITY TREASURER TO APPLY FOR REIMBURSEMENT OF MONEY FOR POLICE OFFICER TRAINING BE IT RESOLVED by the City of Columbia Heights as follows: WHEREAS, the City of Columbia Heights maintains and operates a police department, and: WHEREAS, the State of Minnesota has passed a statute assessing a ten percent surcharge on all moving traffic offenses for the purpose of assisting in the cost of police train- ing, and; WHEREAS, the City of Columbia Heights must formally apply for its reimbursement; NOW, THEREFORE, BE IT RESOLVED, that the Chief of Police and City Treasurer are authorized to apply for such reimbursement on behalf of the City of Columbia Heights. Offered by: Norberg Seconded by: Hentges Roll call: All ayes ~Ju~e 27, 1983 page 8 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS THIS 27TH DAY OF JUNE, 1983. Jo-Anne Student, Council Secretary Bruce G. Nawrocki, Mayor 6. Communications a. Letter from Mr. Steak Restaurant Requesting Wine License Refund and Inquiring About Sunday Liquor The owner of Mr. Steak Restaurant had requested a refund on the unused portion of his wine license. City ordinance authorizes refunds for the unused portion of a wine license in some instances but does not specifically authorize a refund in a situation such as that of Mr. 5teak. The City Attorney advised this could be done by resolution. Mayor Nawrocki noted that the owner of Mr. Steak had been previously notified there would be no refund on the unused portion of the wine license when he applied for a liauor license Councilman Norberg felt this matter, if authorized, could be considered 'special legis- lation' and felt it would be unwise since it could be a consideration for acting on all other City licenses when a portion of them were not used. Resolution 83-33 was read by Ron Kalina, City Attorney. RESOLUTION 83-33 AUTHORIZING A REFUND OF THE UNUSED PORTION OF A WINE LICENSE FEE WHEN THE LICENSE HOLDER SECURES A LIQUOR LICENSE BE IT RESOLVED, that the unused portion pro rated on an annual basis of a wine license be refunded to a licensee who later secures and pays for a liquor license for the same year. PASSED THIS 27TH DAY OF JUNE, 1983. Offered by: Seconded by: Roll call: Hentges Hovland Hovland, Petkoff, Hentges--aye Norberg, Nawrockl--nay Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary The second matter addressed in the letter from Mr. Steak Restaurant was in regards to having the question of Sunday liquor sales in Columbia Heights put on the General Election ballot in November. The City Clerk advised this procedure would cost approximately $100. Motion by Hovland, second by Petkoff to authorize the placement of the following subject on the General Election ballot in November: Should the City of Columbia Heights Issue licenses authorizing the sale of liquor on Sundays ~ Roll call: Hovland, Petkoff, Nawrocki--aye Norberg, Hentges--nay RECESS: 10:15 pm RECONVENE: 10:45 pm .June page b. Petition for Cleaning Certain Waters A petition has been received from citizens requesting action for cleaning certain waters within the City. A portion of this pond is also in Fridley. It was noted that all of this area is private land, not public. Motion by Hentges, second by Petkoff to acknowledge receipt of the petition and place It. on file. Roli call: AI1 ayes Hotion by Hentges, second by Norberg to refer this matter to the staff; they should confer with Fridley staff and other governmental bodies and require that the staff return with recommendations within thirty days. Roll call: A11 ayes c. Renewal of Insurance Policy for Umbrella Insurance The Insurance Committee has recommended that the policy be Increased to $5,000,000 at a premium of $3,900. This is $450 less than the 1982 premium for the $3,000,000 policy. Councilmen Hentges and Norberg felt the amount of five million dollars was too much and not needed. Motion by Petkoff, second by Hovland to increase the umbrella insurance policy to $5,000,000 through Natlonal Indemnity Insurance Company for one year in the amount of $3,900. Roll call: Hovland, Petkoff, Nawrocki--aye Norberg, Hentges--nay d. Water Management Organization The Mayor and City Engineer updated the Council and staff on the progress of the Water Management Organization and gave some information they received at a meeting called by the Rice Creek Watershed District regarding plans for additional watershed districts. 7. Old and New Business a. Old Business 1. Bonds and Expense Money for Retiring Jamboree Royalty A member of the Council had questions concerning the monies and bonds given to the retiring Jamboree royalty. It was noted these monies were given in the name of the City of Columbia Heights. The staff was requested to get additional information on this matter. 2. Public Address System in Huset Park Bandshe11 and J.P. Murzyn Hall It was noted that the pub)lc address system in the bandshe11 did not function well for the coronation nor did the public system in Murzyn Hall operate well on previous occasions as well as during Jamboree events. Staff was requested to pursue this matter. b. New Business 1. Ratify Action of City Manager-Library Basement Modification Motion by Norberg, second by Hovland to authorize the City Manager to sign Change Order #2 for library remodelling contract wlth D.W. Harstad Company, Inc. Roll call: A11 ayes 2. Minneapolis Request to Purchase Water Motion by Hentges, second by Hov)and to authorize the sale of metered water to Minneapolis for the duration of repair of Minneapolis plpellne #7 at 125~ of the rate we charge our citizens; and that the .City Manager be authorized to advise #inneapo~is via a letter of this authorization. It was noted that the charge is 85¢ per IOO cubic feet. Roll call: All ayes - Regular Council Meeting June 27, 1983 page 10 3. Joint Powers Agreement for Maintenance of County State Aid Highways Motion by Hentges, second by Norberg to authorize the Mayor and City Engineer to sign the joint powers agreement with Anoka County for the maintenance of certain roadways. Roil call: All ayes ~. Weed Control Motion by Petkoff, second by Hovland that the 1983 fee for cutting unlawful weeds shall be $35.00 per hour based on actual cutting time. Roll call: All ayes Motion by Hentges, second by Hovland to authorize the Mayor and City Manager to sign the agreement for contract weed inspection with Tom Rejzer. Councilmen Hentges and Norberg objected to Workmen's Comp being paid for the person In this position. They felt he was functioning in the capacity of a subcontractor not a City employee. Roll call: Hovland, Petkoff, Nawrocki--aye Norberg, Hentges--nay Motion by Hentges, second by Hovland to authorize the Mayor and City Manager to sign the agreement for contract weed cutting with Ray Ozuik. Roll call: A!1 ayes At 11:1t5 pm Councilman Norberg raised a point of order in that the "11:30 Rule" had not been considered. No action was taken. 5. Fireworks Funding Council member Petkoff reported on the action taken by the Recreation Commission regarding the funding of the Fourth of July fireworks display. They had approved the use of $1,000. Motion by Petkoff, second by Hovland to authorize the expenditure of $1,000 for the Fourth of July fireworks display in Huset Park from the Unexpended Fund Balance of the Recreation Department. Roll call: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--nay Motion by Petkoff, second by Nawrocki to authorize the expenditure of $500 for the fire- works display from City funds. Roll call: Petkoff, Nawrockl--aye Hovland, Norb~rg, Hentges--nay Motion fails 6. "11:30 Rule" Motion by Hentges, second by Hovland to dispense with the "11:30 Rule" and continue with the meeting until the agenda is completed. Roll call: Hoviand, Petkoff, Mentges, Nawrocki-- aye Norberg--nay 8. Reports a. Report of the City Manager This report was presented in written form. Acting City Manager, Stu Anderson, addressed some of the items in the report. He reported on the results of a mediation session held with Local 320 representing police officers and police sergeants. He reviewed the offers made by the City for a patrolmen contract and also reviewed the alternatives. Motion by Hentges, second by Petkoff to support the recommended alternatlve wage of $2,22~ per month and a $20 per month increase towards employee hospitalization for patrolmen. Roll call: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--nay Discussion followed regarding the police sergeant contract. No action was taken. _ It-was noted in the report that Johnson Street, between 37th and qOth Avenue has been designated as a municipal state aid street. The Council encouraged staff to check any property that may be for sale in this area. Mayor Nawrocki stated that the HRA Financial Statement for 1982 had been audited by HUD and requested that members of the Council receive copies of the auditor's report. ' 'Regular Council Meeting June 27, 1983 page !1 b. Report of the City Attorney The City Attorney had nothing to report at this time. 9. Licenses Motion by Hentges, second by Petkoff to approve the licenses as Ilsted upon payment of proper fees and that the requested fee waivers be granted. Roll call: All ayes Councilman Norberg left the meeting at 12:55 am. 10. Payment of Bills Motion by Hentges, second by Hovland to pay the bills as listed out of proper funds. Roll call: All ayes Adjournment Motion by Hentges, second by Hovland to adjourn the meeting at 1:10 am, Roi! ¢a11: All ayes ~ Nawrocki, Mayor e Student, CouncrT-t'ecretary