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HomeMy WebLinkAboutMar 13, 1986 (2)OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING lARCH 13, 1986 The meeting was called to order by Mayor Nawrocki at 7:30 P,M.. 1. Roll Call Paulson, Carlson, Peterson, Nawrocki - present Councilmember Petkoff was out of town. Petkoff - absent 2. Invocation There were no invocators available to offer an invocation. 3. Minutes of Previous Meetings Motion by Paulson, second by Carlson to approve the minutes of the Regular Council Meeting of February 24th and the Public Improvement Hearing of March 3rd as pre- sented in writing and that the reading be dispensed with, Roll call: All ayes 4. Oral Petitions There were no oral petitions. 5. Ordinances and Resolutions a. Resolution No. 86-19; Resolution Authorizing Dispatch and Use of City Equipment and Services by City Manager in Emergency Situations Motion by Peterson, second by Paulson to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes 'or Nawrocki expressed a number of concerns regarding the authorizing of equipment and City employees to assist in emergency situations. He noted that there were no stated qualifications nor limits on the use of equipment and felt there should be a consideration for a mutual exchange, The City Manager stated that virtually all of the communities participating have emergency equipment. Regarding liability and insurance coverage the Mayor inquired if our policies would cover any situations. The City Attorney stated that the old policies would cover but has not as yet seen the new policies. He felt they would cover. The Mayor also had concern with the "designee" to be appointed in the absence of the City Manager. He felt there should be a formal process for assigning the "designeeI' this responsiblity, The City Mana- ger suggested that an administrative policy could be established to cover this matter. RESOLUTION NO, 86-19 RESOLUTION AUTHORIZING DISPATCH AND USE OF CITY EQUIPMENT AND SERVICES BY CITY MANAGER IN EMERGENCY SITUATIONS WHEREAS, The City Council finds that instances have occurred in the past and can be anticipated in the future wherein there is a danger by fire, hazard, casualty or other similar occurrences taking place or occurring outside the territorial limits of the City of Columbia Heights; and by the suddenness thereof it would be impossible or impractical for the City Council to meet and authorize the dispatch and use of City equipment and personnel to combat such fire, hazard, casualty or other similar occurrence; therefore, BE IT RESOLVED by the Columbia Heights City Council as follows: The Council finds it desirable and necessary to authorize the City 'Regular Council Meeting March 13, 1986 page 2 Manager or his designee to exercise discretion, considering at all times and in each case the internal needs of the City of Columbia Heights and its inhabitants, to dispatch City equipment and personnel as deemed necessary to combat such occurrences whether it takes place within or without the City limits. BE IT FURTHER RESOLVED that such dispatch and use as directed the City Manager or his designee shall be fully authorized as an act of the City of Columbia Heights and all provisions for compensation of personnel, rental of equipment, liability insurance coverage, workman's compen- sation insurance and all other safeguards and matters pertaining to the City, its equipment and personnel, shall apply in each case as if specifically authorized and directed by this City Council at such time, whether or not the governing body or authority of the place in which the fire, hazard, casualty or other similar occurrence exists, has previously requested and provided for assistance and the use of the equipment and personnel under a mutual protection agreement or other type protection agreement with the City of Columbia Heights. FURTHER, the City Manager or his designee shall recall, order and terminate the use of such equipment and personnel when the need for their use no longer exists, or earlier, when at his discretion it appears in the best interest of the City of Columbia Heights. Adopted by the City Council on March 13, 1986. ffered by: Peterson Seconded by: Paulson Roll call: All ayes ATTEST: ~ayor Bruce G. Nawrocki William Elrite, City Clerk Reviewed for Administration: Approved as to Form and Legality: Robert Bocwinski, City Manager Ronald Kalina, City Attorney 6. Communications a. Planning and Zoning Commission 1. Rezoning from Retail Business District to General Business District, 4849 Central Staff explained the reason for the rezoning and reviewed the zoning around the area. Counsel for the business located at 4849 Central Avenue found the amendment to the zoning acceptable. He noted that the buyers of the building and business were con- cerned if the building were destroyed. Motion by Paulson, second by Peterson to waive the reading of the ordinance there eing ample copies available to the public. Roll call: All ayes 'Regular Council Meeting March 13, 1986 ~age 3 ORDINANCE NO. ll20 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AS AMENDED, PERTAINING TO CONDITIONAL USES IN A RETAIL BUSINESS DISTRICT The City of Columbia Heights does ordain: Section 1: Section 9.113(2) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which currently reads as follows, to-wit: 9.113(2) Conditional Uses (a) (b) (c) (d (f (h (i (ii) (iii) (iv) (v) (j) Within any ~'RB" Business District, no structure or land shall be used for the following uses except by conditional use permit. Accessory buildings. Dwelling units provided. The units do not access the first floor, and access to dwellings in an exclusive entrance. Off-street parking lots subject to Section 9.116(2). Public utility structures which shall conform to the yard re- quirements and architectural style of the neighborhood. Open sales lots subject to Section 9.116(14). Motor fuel stations (minor) and major fuel stations with minor repairs (not to exceed ~ bays) subject to Section 9.117. Restaurant, cafe, tea room, bar, prepared food outlets subject to Section 9.116(15) and prepared food delivery establishments as such establishments are defined in Section 9,103(63). Drive-in businesses subject to the following requirements: Hours of operation shall be confined to the period between 10:00 a.m. and 1:00 a.m. for those serving food and drink. The entire area shall have a drainage system approved by the City Engineer. The entire area other than that occupied by the structure or planting shall be surfaced with a material which will control dust and drainage to the approval of the City Engineer, A box curb at least six (6) inches above grade shall separate the public walk from the lot except at approved entrances or exits. The lighting shall be accomplished in such a way as to have no direct source of light visible from the public right-of-way or adjacent land in residential use. Arcades. Shall hereinafter read as follows, to-wit: 9.113(2) Conditional Uses Within any "RB" Business District, no structure or land shall be used for the following uses except by conditional use permit. (b) (c) (d) Accessory buildings. Dwelling units provided. The units do not access the first floor, and access to dwellings in an exclusive entrance. Off-street parking lots subject to Section 9.116(2). 'Regular Council Meeting March 13, 1986 page 4 e (f (g (h (i Public utility structures which shall conform to the yard require- ments and architectural style of the neighborhood. Open sales lots subject to Section 9.116(14). Motor fuel stations (minor) and major fuel stations with minor repairs (not to exceed 4 bays) subject to Section 9.117. Restaurant, cafe, tea room, bar, prepared food outlets subject to Section 9.116(15) and prepared food delivery establishments as such establishments are defined in Section 9.103(63). Drive-in businessess subject to the following requirements: (i (ii) (iii) (iv) (v) (j) (k) Hours of operation shall be confined to the period between 10:00 a.m. and 1:00 a.m. for those serving food or drink. The entire area shall have a drainage system approved by the City Engineer. The entire area other than that occupied by the structure or planting shall be surfaced with a material which will control dust and drainage to the approval of the City Engineer. A box curb at least six (6) inches above grade shall separate the public walk from the lot except at approved entrances or exits. The lighting shall be accomplished in such a way as to have no direct source of light visible from the public right-of-way or adjacent land in residential land in residential use. Arcades New auto and truck sales, used auto and truck sales in conjunction therewith, provided that the site involved therewith is a minimum of three (3) acres. Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: March 13, 1986 The second reading of Ordinance No. 1120 is scheduled for April 14th. 2. Lotfplit, 4355 Madison Street N.E, The Planning and Zoning Commission recommended approval of this lotsplit provided the property owners execute easements for their alley and street. Motion by Carlson, second by Peterson to approve the lotsplit provided that the fif- teen foot easement along Madison Street and the seven foot easement atong the alley be removed and that they are signed and recorded and, furthermore, that the existing garage be moved to Parcel B or the new garage is constructed on Parcel B, and that this lotsplit will be effective when these conditions are met. Roll call: All ayes * Lotsplit passed by motion not on resolution form. Council action attached. 3. Front Yard Variance, 4127 Polk Street This request is for a one foot variance on the thirty-five foot portion of the lot that connects to Polk Street. Motion by Peterson, second by Carlson to grant the variance due to the hardship of .~b~ shape of the lot; and subject to requirements and recommendations of the Engineer- ing Department which will be addressed prior to the building permit being issued. Roll call: All ayes 4. Conditional Use Permit/Variance, 4001 University Avenue It was noted that the existing structure at 4001 University Avenue will be removed. tion by Peterson, second by Carlson to approve the conditional use permit as recommended by the Planning and Zoning Commission subject to the following condi- tions: CITY COUNCIL ACTION OF MARCH 13, 1986 SLIBDIVISION REQUEST CITY OF COLUMBIA HEIGHTS 590 ' 4Oth AVENUE N.E. Fee $10.00 Date Paid: 10-8-85 Receipt No.: 13117 PiN Andrew A. Johnson Hereby request a split of 95 30 24 12 O122 Legally described as: The North ½ of Lot 6, Block 3, Rearrangement of Block A of Columbia Heights Annex, Anoka County. Subject to alley easement over the east 7 feet and subject to easement over the West 15 feet for street. THE DESCRIPTION HENCEFORTH TO BE: The North ½ of Lot 6, Block 3, Rearrangement of Block A, Columbia Heights Annex, Anoka County, Hinnesota, except the East 71.57 feet thereof. Subject to Madison Street easement. The East 71.57' of the North ~: of Lot 6, Block 3, Rearrangement of Block A of Columbia Heights Annex, Anoka County, Minnesota. Subject to easement over the East 7 feet for alley purposes. 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. Any lot split given approval shall become invalid if the resolution, motion or other Council action approving the said lot split is not filed with the County Auditor within one (1) year of the date of the Council action. PLANNING & ZONING DEPARTMENT ACTION: Subject to alley and street easements being signed and filed. This 4th day of March 19 86 . Offered by: Nixon Seconded by:Peterson Roll Call: All Ayes Zoning Cf¥icer CITY COUNCIL ACTION: APPROVED Provided, that the fifteen foot easement along Madison Street and the seven foot easement along the alley be removed and that they are signed and recorded and, furthermore, that the existing garage be moved to Parcel B or the new garage is constructed on Parcel B. Passed this 13th day of March, 1986 Offered by: Carlson Seconded by: Peterson Roll call: All ayes Jo-Anne Student, Co-uhcil Secretary s-igna'ture of I:A~n'e~7, Notarized 4355 Madison St. N.E. Owner's Address Telephone No. 789-7646 Subscribed and sworn to befQre me this gota'ry -Pub 1-i c ' Mayor-~'ruce G. Nawrocki, Mayor CITY COUNCIL ACTION OF MARCH 13, 1986 SLIBDIVISION REQUEST CITY OF COLUMBIA HEIGHTS 590 - 4Otb AVENUE N.E. Fee $10. O0 Date Paid: 10-8-85 Receipt No.: 13117 PiN Andrew A. Johnson Hereby request a split of 35.30 24 12 0122 Legally described as: The North ½ of Lot 6, Block 3, Rearrangement of Block A of Columbia Heights Annex, Anoka County. Subject to alley easement over the east 7 feet and subject to easement over the West 15 feet for street. THE DESCRIPTION HENCEFORTH TO BE: The North ½ of Lot 6, Block 3, Rearrangement of Block A, Columbia Heights Annex, Anoka County, tlinnesota, except the East 71.57 feet thereof. Subject to Madison Street easement. The East 71.57' of the North ½ of Lot 6, Block 3, Rearrangement of Block A of Columbia Heights Annex, Anoka County, Minnesota. Subject to easement over the East 7 feet for alley purposes. 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 $ -0- be divided. Paid. Any pending or future assessments will be levied according to the new split as approved this day. Any lot split given approval shall become invalid if the resolution, motion or other Council action approving the sald lot split is not filed with the County Auditor within one (il year of the date of the Council action. PLANNING & ZONING DEPARTMENT ACTION: Subject to alley and street easements being signed and filed. This 4th day of March 19 86 Offered by: Nixon Seconded by:Peterson Roll Call: All Ayes Zoning O£ficer CITY COUNCIL ACTION: APPROVED Provided, that the fifteen foot easement along Madison Street and the seven foot easement along the alley be removed and that they are signed and recorded and, furthermore, that the existing garage be moved to Parcel B or the new garage S ignat-ure of OvJne~7,- l~ot-ar~ized-- 4355 Madison St. ~I.E. Owner's Address Telephone No. 789-7646 Subscribed and sworn to bef~>re me this Nota'rY-Pu5 Fi c- - - Regular Council Meeting March 13, 1986 page 5 a. The Site Plan be in conformance with the recommendations of the Public Works Department. b. All site signage be in conformance with the provisions of our Sign Ordinance. c. All site lighting be accomplished with no direct source of light visible from adjacent land in residential areas. d. The westerly exit on 40th Avenue be a right turn only, e. The two foot green area variance be granted upon the finding of the hard~ ship due to vehicle circulation. Roll call: All ayes 5. Request by Silver Lake Residents' Association Regarding Water Quality Study of Silver Lake A representative of the Association advised the Council that Ramsey County has committed to pay 50% of the costs of the study and that the remaining costs might be shared by the Cities of St. Anthony and Columbia Heights, the Rice Creek Water- shed District and the Association. The total costs for the study are approximately $2,400. Mayor Nawrocki stated that if the Council authorized funding that it should in no way be construed that the City will participate in the costs of the imple- mentation of the findings of the study. Motion by Carlson, second by Peterson to authorize participation in the study costs not to exceed $325.00. Roll call: All ayes 6. Revocation of Liquor License The City's Licensing Department had received notice that the Columbia Heights' Jaycees general and liquor liability insurance coverage policy was cancelled on February 22, 1986. The City Manager advised the Council that the Jaycees will be meeting in the near future to discuss this matter and recommended that this agenda item be considered at a future Council meeting. 7. Columbia Heights' Jaycees ~ambling License Application The Columbia Heights' Jaycees has applied for a gambling license to the Minnesota Charitable Gambling Control Board on March 11, 1986. The Council has thirty days from this date to state its objection or non-objection to the issuance of this license. The Jaycees are requesting authorization to sell pull-tabs at Dave's Bar. It was stated that the owner of Dave's Bar has a court appearance on May 14th regarding an incident at his establishment. The City Attorney noted that there would no possiblity of resolving the bar owner's situation within the thirty day period. Motion by Peterson, second by Carlson to indicate to the Minnesota Charitable Gambling Control Board that the City Council has no objection to the issuance of the license to the Columbia Heights' Jaycees. Roll call: All ayes 8. League of Minnesota Cities Tax Increment Financing Project Members of the Legislature have indicated considerable interest in modifying the existing tax increment financing legislation during the current session. The City Manager gave a status report reqarding actions of the House of Representatives on this issue and noted that it voted on financing amendments which affect pre- 1979 matters. This was an informational item. 9. Cable Communications - Transfer of Franchise The City Manager gave a status report regarding the current activity with the .City's cable franchise. The need for more information regarding this matter was expressed by the Mayor. Regular Council Meeting March 13, 1986 page 6 Old and New Business a. Old Business 1. Purchase of Data Processing Software and Hardware The City Attorney distributed a memo addressing what criteria would need to be met to make the purchase of data processing equipment competitive. He noted that if all of the City's computer needs could be met by more than one vendor then it would be a competitive situation. A lengthy discussion followed regarding the City's needs and how they would be met by specific vendors. Mayor Nawrocki had understood that all of the vendors on the list could be considered responsive to all of the City's requirements and was advised that there was not a "perfect fit" with all of them. The Mayor also felt this was a competitive situation and wanted it pursued. He requested a list of items that each vendor could not supply to the City's require- ments for data processing equipment. Councilmember Paulson felt the list they already have was the converse of that in knowing what the equipment of each vendor could do. Councilmember Peterson is of the opinion that this matter is non-competitive and feels that negotiating is the manner is which the equipment purchases will have to be made. Councilmember Carlson is confortable with the recommendations of the Science, Technology and Energy Commission, It was determined that this matter will be the subject of a Council work session and return for consideration at the April 14th Council meeting. b. New Business l. Labor Relations Subscriber Service City Manager reviewed the services supplied by this subscriber service. Motion by Peterson, second by Paulson to authorize the payment of $2,262 for participation in the League of Cities - Labor Relations Subscriber Service through March 14, 1987. Roll call: All ayes 2. City Auction of Surplus Property Motion by Peterson, second by Paulson to authorize the sale or salvage of City- owned property as indicated on the form entitled "Inventory of Surplus Property to be Sold at Police Auction; or, to be Sold or Salvaged", dated March 7, 1986. The City Manager was requested to check those items titled "trophies" on the list before they are included in the auction. Roll Call: All ayes 3. Authorization to Seek Bids for Crack Filling Equipment and Pothole Patching Unit Motion by Peterson, second by Carlson to authorize staff to advertise and seek bids for the purchase of crack filling and sealing equipment and a pothole patching unit, Roll call: All ayes 4. Reimbursement to Liquor Store Clerk Motion by Peterson, second by Paulson to reimburse Kevin Clark, Liquor Store Clerk, for damage to his automobi)e in the amount of $150.OO. Councilmember Carlson stated he felt this action could open the City up to many claims from employees who have incurred loss or damage to personal property~ Roll call: Paulson, Peterson, NaWrocki- aye Carlson - nay ~. SuperAmerica Request for Signage tion by Peterson, second by Carlson to authorize temporary sale signs for the SuperAmerica Station at 5000 Central Avenue from April 27th through May 5th. Roll call: All ayes Regular Council Meeting March 13, 1986 page 7 Schools and Conferences Motion by Carlson, second by Paulson to authorize the attendance of David Meyer at the Emergency Medical Technician Course to be conducted at North Memorial Medical Center; and furthermore, that expenses of up to $250 be authorized. Roll call: All ayes 7. Refund of License Fees A request was received from staff for the refund of license fees charged to the Coke- Cola Company for the two machines the City leases. Although the Company owns the two machines the Park Department receives all the profits from the machines. The Company bills the City for the same amount of the licenses. It was suggested that the fees should be waived when the licenses are applied for. Motion by Carlson, second by Peterson to refund the $40.00 for license fees to the Coke-Cola Company. Roll call: All ayes 8. Reports a. Report of the City Manager The City Manager's Report was submitted in written form and the following items were discussed: 1. Columbia Heights Sign Ordinance: The Council received a preliminary list of properties in the City with nonconforming signage and a copy of a letter from the Building Inspector advising business owners that August 12, 1986 is the expiration ate for nonconforming signs. It was decided'that the City's Sign Ordinance will be work session agenda item. ' 2. Inspection of Certain City Buildings by Hartford Insurance Company: An inspec- tor for the Hartford Insurance Company viewed some of the City buildings and ad- vised that Murzyn Hall be viewed on a frequent basis during construction. The City Manager requested that the Police Department provide additional surveillance and checks of the building. Mayor Nawrocki noted that it should also be the respon- siblity of the contractor to secure the building during construction. 3. Architectural Services - Murzyn Hall: A memo from the Building Inspector was received by the Council regarding another example of the architect's not meeting code requirements. This matter involved the use of fire retardant material which was to be used in Murzyn Hall which did not satisfy code requirements. This matter is expected to require another change order. A request for payment had also been received from the architectural firm. The Council was polled on its position re- garding payment of this statement and the City Attorney's advice was requested. 4. Central Avenue Mobil - Relocation of LP Gas Tank: Relocation of this tank was approved by the Planning and Zoning Commi'ssion. The Building Inspector noted that the station owners had indicated a willingness to provide screening for the tank at its new location. He also noted they are considering installing a smaller tank. 5. Anoka County Community Services Program: Mayor Nawrocki inquired if any City departments had been using people from the Community Services Program. The City Manager advised him of the use of some of these people in the administrative rices as well in the Public Works Department. He noted that this has been a y agreeable and beneficial arrangement. ~e§~ular Council Meeting March 13, 1986 page 8 Anoka County Community Action Program Construction Services: The City Manager advised the Council he had sent a memo to certain department heads regarding the County CAP construction services and inquiring if these services could be used in any of the City's departments. b. Report of the City Attorney The City Attorney had nothing to report at this time. 9. Licenses Motion by Peterson, second by Carlson to approve 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 Adjournment Motion by Carlson, second by Peterson to adjourn Roll call: All ayes [J~~n ~ ~~ ,~r e t tudent ary