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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 - ~2, Iq. I~' ICl. 2..0'