HomeMy WebLinkAboutAug 11, 1986OFFICIAL PROCEEDINGS
COLUHBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL HEETING
AUGUST 11, 1986
The meeting was called to order by Mayor Nawrocki at 7:30 p.m..
1. Roll Call
Paulson, Petkoff, Carlson, Peterson, Nawrocki - present
2. Invocation
There were no clergymen available to offer an Invocation.
3. Minutes of Previous Meetings
Motion by Petkoff, second by Paulson to approve the minutes of the Regular Council
Meeting of July 28th, and the Continued Council Meeting of July 30th, as presented
in writing and that the reading be dispensed with. Roll call: All ayes
4. Oral Petitions
The resident at 4441 4th Street expressed some concerns regarding a fence which was
erected on the property south of his. He questioned some of the materials used and
the height of the fence. He noted that it had been constructed nearly a year ago
and he had expressed his concerns at that time. The Building Inspector will do more
research on this matter and will respond in writing to this resident as well as to
the owner of the fence.
The resident at 3959 Arthur Street advised the Council he experienced a water problem
at his home recently and feels the expense he incurred to correct the matter should be
paid by the City. He submitted his bill to the Acting City Manager and will receive
a written response.
The property owners of 637 37th Avenue requested that the City clear up some debris
on property adjoininq theirs which is Citv-owned.
Mayor Nawrocki requested that the Police Chief follow up on a complaint he received
regarding early morning noise coming from a daycare center on University Avenue.
4a. Public Hearing - Proposed Suspension/Revocation of Zaccardi Beer License
The City Attorney reviewed what had transpired with this matter to date. It was explained
that Mr. Zaccardi had pleaded guilty to the charges of using pull tab devices in his
establishment and had been fined and received a suspended sentence for time to be
served. Police officers from the Columbia Heights and the Fridley police departments
made statements regarding the activities which led to Mr. Zaccardi's arrest. The City
Attorney advised the Councilmembers of the options they had for addressing the viola-
tion of the City ordinance. Mayor Nawrocki stated that Mr. Zaccardi had declined to
pursue other means of addressing this matter and instead stated he chose to have this
public hearing. A number of people gave verbal statements regarding Mr. Zaccardi's
character, his performance as a businessman in the community, and how the profit
realized from the sale of pull tabs was given to various groups in the City for their
use. All of the groups mentioned were either charitable groups or organizations relating
to athletics in the community or in the school district.
Mayor Nawrocki stated that there are really two issues involved in this hearing, one
being that a state law was broken and that Mr. Zaccardi had pled guilty and paid the
imposed fine. The other situation was one of local concern, that being that Mr. Zaccardi
had violated the City licensing ordinance. Some members of the Council were of the
opinion that Mr. Zaccardi had gone through enough embarrassment by having this hearing
and should not be further penalized. The Mayor felt that to ignore the violation of
the local ordinance would be a dereliction of the Council's responsibility. He noted
that public admission of guilt does not subtract from this responsibility. Councilmember
Paulson observed it is difficult to understand how a person of Mr. Zaccardi's civic
involvement would knowingly go out and violate the state law and the City's ordinance.
Regular Council Meeting
August ll, 1986
page 2
Various lengths of time for suspension of Mr. Zaccardi's beer license were discussed.
~me members of the Council felt a suspension ranging from one day to ten days was
appropriate.
Motion by Petkoff, second by Peterson to not suspend the beer license for Dave's Bar
owned by John Zaccardi. Councilmember Petkoff noted that no action for suspension had
been one of the options open to the Council as stated by the City Attorney.
Motion by Carlson to suspend the beer license for Dave's Bar owned by John Zaccardi
for one day. Motion dies for lack of a second.
Roll call: Paulson, Petkoff, Carlson, Peterson aye Nawrocki - nay
5. Ordinances and Resolutions
a. Second Reading of Ordinance No. 1127; Pertaining to Allowing Bells on Food/
Beverage Vehicles
This ordinance had a first reading on July 14, 1986. The City Attorney noted that
there had been sufficient revisions to this ordinance since its first reading that
he would recommend it received another first reading.
Motion by Petkoff, second by Paulson to waive the reading of the revised ordinance
there being ample copies available to the public. Roll call: All ayes
The second reading of Ordinance No. 1127 will be held at the Council meeting on August
25, 1986.
ORDINANCE NO 1127
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO
ALLOWING BELLS ON FOOD/BEVERAGE VEHICLES
The City of Columbia Heights does ordain:
Section 1: Section 5.608(5) of Ordinance No. 853, City Code of 1977, passed June
21, 1977, which currently reads as follows, to-wit:
No licensee under this section shall call attention to his business or
to his merchandise by blowing a horn, ringing a bell, by the use of a
voice amplifying device, or by any other method of causing a loud
noise.
Shall hereafter read as follows, to-wit:
No licensee under this section shall call attention to his business
or to his merchandise by blowing a horn, ringing a bell, by the use
of a voice amplifying device, or by any other method of causing a
loud noise, provided, however, that a licensee under this section may
sound a manually operated bell between noon and 8:30 p.m. daily, during
the months of June, July and August, which produces a noise level no
greater than 65 decibels when measured at the source of the noise.
No licensee permitted to ring a bell under this section shall do so
within 300 feet of where the same licensee has rung a bell during
the same calendar day if more than fifteen minutes has elapsed
between the aforementioned acts of bell ringing.
Section 2: Section 10.301(3) of Ordinance No. 853, City Code of 1977, passed
June 21, 1977, which currently reads as follows, to-wit:
Regular Council Meeting
August 11, 1986
page 3
No persons engaged in commercial activities associated with itinerant
peddlars, transient merchants, or solicitors, shall:
(a)
Call attention to his business or to his merchandise by blowing
a horn, ringing a bell, by the use of a voice amplifying device,
or by any other method of causing a loud noise, or
(b) Sell or solicit on Sunday, or after the hour of 9:00 p.m. unless
an appointment with the customer has been arranged in advance, or
(c) Enter or conduct business upon premises where a sign or plaque is
conspiculously posted stating that no solicitors or peddlars are
allowed unless a prior appointment is arranged with a resident of
said premises.
Shall hereafter read as follows, to-wit:
(a)
Call attention to his business or to his merchandise by blowing
a horn, ringing a bell, by the use of a voice amplifying device,
or by any other method of causing a loud noise, except as permitted
be Section 5.608(5) of this Code, or
Section 3:
(b) Sell or solicit on Sunday, or after the hour of 9:00 p.m. unless
an appointment with the customer has been arranged in advance, or
(c)
Enter or conduct business upon premises where a sign or plaque
is conspiculously posted stating that no solicitors or peddlars
are allowed unless a prior appointment is arranged with a resident
of said premises.
This ordinance shall be in full force and effect from and after thirty
(30) days after its passage.
First reading: August ll, 1986
b. First Reading of Ordinance No. 1129, Relating Charitable Gambling
This ordinance amends the criminal section of the ordinance.
Motion by Paulson, second by Petkoff to waive the reading of the ordinance there being
ample copies available to the public. Roll call: All ayes
ORDINANCE NO. 1129
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, RELATING TO
CHAR:ITABLE GAMBLING
The City of Columbia Heights does ordain:
Section 1:
Section 10.302(1) of Ordinance No. 853, City Code of 1977, passed
June 21, 1977, which currently reads as follows, to-wit:
10.302(1) No person who owns or operates an establishment at which beer is
sold on-sale, shall permit any gambling or gambling devices on the
premises of such establishment.
Shall hereafter read as follows, to-wit:
Regular Council Meeting
August ll, 1986
page 4
10.302(1) No person who owns or operates an establishment at which liquor or
beer is sold on-sale, shall permit any gambling or gambling-devices
on the premises of such establishment except as otherwise permitted
by law.
Section 2:
This ordinance shall be in full force and effect from and after thirty
(30) days after its passage.
First reading: August ll, 1986
The second reading of this ordinance will be on August 25, 1986 at the Council
meeting.
c. Resolution No. 86-52; Designating Election Judges
Motion by Paulson, second by Carlson to waive the reading of the resolution there being
ample copies available to the public. Roll call: All ayes
RESOLUTION NO. 86-52
DESIGNATING ELECTION JUDGES
Pursuant to City Charter, Section 30 and M.S.S. 204 A. 17, the Council shall appoint
at least 25 days before election, qualified voters in each election district to be
judges of election.
NOW, THEREFORE, be it Hereby Resolved that the City Council of the City of Columbia
Heights does appoint the attached list of judges, by precinct, for the Primary Election
co be held on Tuesday, September 9, 1986 and the General Election to be held on Tues-
day, November 4, 1986.
Passed this llth day of August, 1986.
Offered by: Carlson
Seconded by: Paulson
Roll call: All ayes
Mayor Bruce G. Nawrocki
Jo-Anne Student, Council Secretary
6. Communications
a. Planning and Zoning Commission
1. Variance, A1 Birr, Jr., 4250 Tyler Street
Motion by Carlson, second by Peterson to approve a variance of ll' from the required
20' setback with the garage doors facing the alley to allow the construction of a
15' x 20' addition to the north side of the existing garage based on the recommen-
dation of the Planning and Zoning Commission. The Commission recommended approval
of this variance due to the hardship of the shape of the lot. Roll call: All ayes
2. White Castle Systems, Inc., Conditional Use Permit/ Site Plan 5055 Central Avenue
Motion by Peterson, second by Carlson to grant the conditional use permit to White
Castle Systems, Inc. to construct and operate a drive-thru service addition at the
existing restaurant. It was noted that this construction will eliminate 16 off-street
parking spaces and that the signage will be modified to be in compliance with the
City's Zoning Ordinance. Roll call: All ayes
Regular Council Meeting
August ll, 1986
page 5
3. Auto Max, Inc., 4501 Central Avenue, Sign Variance
IThe Planning and Zoning Commission made no recommendation on this request. Auto
Max is requesting a variance to Section 9.117A(10) of the Zoning Ordinance which
permits one wall sign on each side of the building which faces the street. They
are proposing the installation of six signs which would have a total aggregate area
of 69.75 square feet making a total signage on the site of 142 square feet. This is
10 square feet under the maximum permitted.
Motion by Peterson, second by Carlson to grant the variance as requested. Roll call:
All ayes
4. Columbia Heights Motors, Inc., 4849 Central Avenue, Conditional Use Permit
Motion by Carlson, second by Peterson to allow the continued operation of a new and
used automobile sales facility at 4849 Central Avenue and the conditional use permit
is subject to site signage being brought into conformance with the City's Sign
Ordinance. It was noted that the Council amended the conditional use permit section
of the Retail Business section of the Zoning Ordinance and that this request was not
necessary. However, due to the requirements of a sale of this facility to another
party, the owner requested approval of a conditional use permit. Roll call: All ayes
The new owner of the former Columbia Heights Motors, Inc. requested permission to hang
a banner on the front of the building stating the new ownership. The Building Inspec-
tor stated he had not received a drawing of the proposed banner. A representative of
the new owner which is the Walser Corporation advised the Council as to where this
banner will be placed.
Motion by Carlson, second by Petkoff that the Walser Corporation be allowed to replace
existing signage at 4849 Central Avenue with a temporary banner indicating new owner-
ship, not to exceed 50' by 4', and not to exceed ninety days. Roll call: All ayes
Two petitions were presented to the Council which are in opposition to the passage
of Ordinance No. 1127. The Mayor advised the circulator of the petitions that this
item will be discussed at the next Council meeting on August 25th.
5. Pier I Imports, 5220 Central Avenue, Variance
Pier I Imports is appealing the denial of their request by the Planning and Zoning
Commission for a 6' variance to the required fifteen front yard setback within the
RB zone. The variance request is to accommodate the removal of the existing non-
conforming pylon sign, remove the post closest to the highway and install a conform-
ing 6' x 12' sign on the remaining pole.
Motion by Petkoff, second by Peterson to recommend approval of the 6' variance. Roll
call: All ayes
6. First Lutheran Church, 1555 40th Avenue, Amendment to Conditional Use Permit
The request for the amendment was to change the location of the approved parking
lot from the south end of the property to a location to the east of the existing
building. Pastor Mork of First Lutheran Church advised the Council that the request
is being withdrawn and the Church intends to install the parking lot as was approved.
7. Old and New Business
a. Old Business
1. Request by Andrew Kohlan that City Withdraw its Request to Anoka County to
Purchase Pending Tax-Forfeit Properties Located on 44½ Avenue
At this point in time this request has been withdrawn.
Regular Council Meeting
August ll, 1986
page 6
2. Automated Circulation System
The Library Director reviewed the equipment, sources of funding and timetable of costs.
~totion by Carlson, second by Paulson to authorize the Mayor and City Manaoer to enter
into a contract with Anoka County Library, 707 Highway 10, Blaine, Minnesota, for
participation in the automated circulation system of the public libraries in Anoka
County. Roll call: All ayes
Water Drainage at 4219 Stinson Boulevard
The water problem existing on this parcel was discussed. The Building Inspector advised
the Council he planned to visit the neighbors to the north of this parcel. They had
indicated they intended to repair their driveway. If this is done the water problem
being experienced may be alleviated. Councilmember Petkoff felt the property owners
of the parcel north of this property should be informed by letter what is transpiring.
The City Engineer stated he had hoped he could survey the parcels to observe which
way the troublesome water is running. He will seek permission to do this. The prop-
erty owner at 4219 Stinson Boulevard requested that any correspondence regarding
this matter also be sent to her.
b. New Business
1. Nozzle Replacement Purchase
Motion by Carlson, second by Peterson to authorize the purchase of four ½" and two
2½" nozzles from Minnesota Fire and Safety, Inc. at a cost of $1,972.20, based upon
low, informal quotation. Roll call: All ayes
2. Authorization to Proceed with Recovering of Chairs for Murzyn Hall
Motion by Peterson, second by Carlson to award the recovering of thirty chairs to
J.J. Upholstery in the amount of $45 each, for a total price of $1,350, based
upon low, informal quotations. Roll call: AIl ayes
3. Schools and Conferences
a. Attendance of Police Officer at N.R.A. Police Firearms Instructor Course
Motion by Peterson, second by Paulson to authorize the attendance of Fredrik Wiborg,
Police Officer, at N.R.A. Police Firearms Instructor Course to be held October 6-10,
1986, in Bloomington, Minnesota; and, furthermore, to reimburse related expenses.
Roll call: All ayes
b. Attendance of Chief of Police at Dimensional Management Training Seminar
Motion by Carlson, second by Peterson to authorize the attendance of Stuart
Anderson, Chief of Police, at Dimensional Management Training Seminar to be
held September 22-26, 1986, in St. Paul, Minnesota; and, furthermore, that re-
lated expenses be reimbursed. Roll call: All ayes
4. Change Orders for Murzyn Hall Renovation/Addition
a. Change Order G-12
Motion by Peterson, second by Petkoff to authorize the Mayor and City Manager to
execute Change Order G-12 for improvements at Murzyn Hall; such change order being
an add of $4,117 to the General Contract. The funding for this change order will
come from the Contingency Fund and includes five items. They are a wood louver
in the face of the east gable; concrete sump in corner of elevator pit; relocation
of existing aluminum door to another location and panic hardware for a door opening;
isolation of a gas pipe serving fireplace; and, supply steel angles in jamb area of
opening. Roll call: All ayes
Regular Council Meeting
August ll, 1986
page 7
b. Change Order E-4
ion by Carlson, second by Paulson to authorize the Mayor and City Manager to
execute Change Order E-4 for wiring the sump pump located in the elevator shaft;
such change order being an add of $134 to Hayes Contractor, Inc. Roll call: All
ayes
c. Change Order M-5
Motion by Carlson, second by Peterson to authorize the Mayor and City Manager to
execute Change Order M-5 for plumbing and the sump location in the elevator shaft;
such change order being an add of $723.80 to Air Conditioning Associates. Roll call:
All ayes
d. Change Order M-6
Motion by Peterson, second by Carlson to authorize the Mayor and City Manager to
execute Change Order M-6 for the installat!on of piping and a gas line to the
coffee maker in the kitchen, and for the relocation of a drinking fountain in
the corridor; such change order being an add of $231 to Air Conditioning Associates,
Inc. Roll call: All ayes
e. Change Order M-7
Motion by Petkoff, second by Peterson to authorize the Mayor and City Manager to
execute Change Order M-7, Renovation and Addition to John P. Murzyn Hall, such
change order being an add of $805 to Air Conditioning Associates, Inc.. Roll call:
All ayes
5. Change Order for Mathaire Parking Lot
~Motion by Peterson, second by Carlson to authorize City staff to proceed with the
construction of a parking lot at Mathaire Park and to utilize contractors under
contract with the City to perform the necessary work. Roll call: All ayes
6. Purchase of Weight Limit Signs
Motion by Carlson, second by Paulson to authorize the purchase of 275 weight
limit signs from M & R Sign Company of Fergus Falls, Minnesota, for a total
price of $4,633.75, based upon low, formal quotations. Roll call: All ayes
7. Authorization to Purchase Window Coverings for Murzyn Hall
Motion by Peterson, second by Carlson to authorize the purchase of window coverings
for John P. Murzyn Hall from Shady Lady, Inc. of Minneapolis, Minnesota, in the
amount of $5.780, based upon low, formal quotations. Roll call: All ayes
8. Renewal of Maintenance Contract with Minnegasco
Motion by Paulson, second by Peterson to authorize the Mayor and City Manager
to enter into an agreement with Minnegasco to perform regular maintenance and
inspections on City heating plants and to provide emergency repair service for
an annual cost of $2,940. Roll call: All ayes
9. Award of Miscellaneous Concrete Repairs and Installations
Motion by Peterson, second by Carlson to award the bid for miscellaneous concrete
repairs and installations, Project #8602 to Gunderson Brothers Cement Contractors
Company of Minneapolis, Minnesota in the amount of $8,248.53, based on competitive
bids received, and that the Mayor and City Manager to authorized to enter into same.
Roll call: All ayes
Mayor Nawrocki requested staff to check on two complaints he had received. One
was regarding traffic on 44th Avenue, Central to Reservoir Boulevard and the other
dealt with a faulty piece of concrete in the alley between 7th Street and Washington,
40th to 41st Avenues.
Regular Council Meeting
August 11, 1986
page 8
8. Reports
a. Report of the City Manager
The report of the City Manager was submitted in written form and the following items
were discussed:
Loss of Memories of Top Valu Cash Registers: During a recent storm a low power
situation developed at Top Valu Liquor which resulted in the cash registers losing
their memories. A detailed report will be made to the Council which will include
steps to be taken to prevent this occurence from happening in the future.
Joint Meeting to Review Sign Ordinance: A joint meeting of the City Council and
the Planning and Zoning Commission was scheduled for Thursday, August 14th to
review the Sign Ordinance.
The Council was advised that the remainder of the budget books will be completed
on August 12th.
9. Licenses
Motion by Paulson, second by Peterson to grant the licenses as listed upon payment
of proper fees. Roll call: All ayes
10. Payment of Bills
Motion by Carlson, second by Paulson to pay the bills as listed out of proper
funds. Roll call: All ayes
Appointment to Boards and Commissions
Motion by Carlson to appoint David Gregor to the Cable Communications Commission.
Motion dies for lack of a second. Members of the Council stated they would prefer
to interview those who have applied for appointment to various boards and commissions
before making any appointments.
Adjournment
Motion by Carlson, second by Peterson to adjourn
call: All ayes
-Anne Student, Council Secretary
the meetin,.g~ at~ l~:/:~O a.m. ~61
May~6'F Bruce G. Nawrocki
we, the undersigned, are opposed to Ordinance No. 1127 which would
allow bells on ±'ood/beveraRe vehicles. The law now does not allow
the rin.eing o~' bells but the food/bevera:e vehicles are now rinsins
bells in violation of the law.
ADDRESS
PHONE NUMBER
_57/-esso
5~ 7/--
PETITION A
!'~e, the undersigned, are omposed to Ordinance No. 1127 which would
allow bells on food/beverage behicles. The law now does not allow
the rinRins of bells but the food/beveraee vehicles are now rinRine
bells in violation of the law.
17.
lq.
ADDRESS
PHONE NU .... ER
~ $o 9
-2~-I- 79,o2
21.
26.
PETITION ~
This petition is to abolish food/beverage vehicles from the streets
of Columbia Heights. ~qe ~eel they are dangerous and a nuisance with
the freauent rin~in~ oI' bells v~hich is currently aRainst the la~.
The ne~ ordinance No. 1127 v~ould make it legal for them to rin~ tne±r
bells ~hich they've been doinR now illesally.
NAHE
3
ADDRESS
/!
PETITION B
This petition si to abolish food/beverage vehicles from the streets
of Columbix Heights. We feel theM are dan.qerous and a nuisance wi
the rreguent rin~ing of bells which is currently a,qainst the law.
The new Ordinance No. 1127 would make it leqal for them to rin,~
their bells which they've been doin~ now illegally.
NANE
PHONE NUNBER
25- 7i -
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