HomeMy WebLinkAboutApril 13, 1987OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
APRIL 13, 1987
The meeting was called to order by Mayor Nawrockl at 7:30 p.m..
I. Roll Call
Paulson, Petkoff, Carlson, Nawrockl - present Peterson - absent
2. Invocation
There was no one available to offer an Invocation.
3. Consent Agend.~
The following items were approved on the Consent Agenda:
Minutes of Previous Meetings
The Council approved the minutes of the Regular Council Meeting of March 23rd
and the Board of Trustees, Volunteer Division of March 24th as written and the
reading was dispensed.
First Readin9 of Ordinance No. 11--46 Regarding.' Suburban Rate Authority Uniform
Electric Franchise
The Council waived the first reading of Ordinance No. 1146 and scheduled its
second reading for April 27, 1987.
ORDINANCE NO. 1146
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, GRANTING TO
NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS,
PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF COLUMBIA
HEIGHTS, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES,
INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING
OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE PUBLIC
WAYS AND THE PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES
The City of Columbia Heights does ordain:
Section 1: Chapter 12, Article II of Ordinance No. 853, City Code of 1977,
passed june 21, 1977, which is currently reserved, shall here-
after read as follows:
Article II SRA Uniform Electric Franchise (NSP)
Section i: DEFINITIONS
12.201 The following terms shall mean:
12.201(1) "City" in this Article, "City" means the City of Columbia Heights,
located in the County of Anoka, State of Minnesota.
12.201(2) "City Utility System" means the facilities used for providing sewer,
water, or any other public utility service owned or operated by
City or agency thereof.
12.201(3) "Company" means Northern States Power Company, a Minnesota cor-
poration, its successors and assigns.
Regular Councll Meeting
April 13, 1987
page 2
12.201 (4)
12.201(5)
12. 201 (6)
12.201 (7)
Section 2:
12.202(1)
12.202(2)
12.202(3)
12.202(4)
12.20~(5)
I'Notice" means a writing served by any party or parties on any
other party or parties. Notice to Company shall be mailed to the
Division General Manager thereof at 414 Nicollet Mall, Minneapolis,
MN. 55401. Notice to City shall be mailed to the City Clerk.
"Public Way" means any street, alley, or other public right-of-way
within the City.
"Public Ground'l means land owned by the City for park, open space or
similar purpose, which is held for use in common by the public.
"Electric Facilities" means electric transmission and distribution
towers, poles, lines, guys, anchors, ducts, fixtures, and necessary
appurtenances owned or operated by the Company for the purpose of
providing electric energy for public use.
FRANCHISE
Grant of Franchise. City hereby grants Company, for a period of
twenty years from April l, 1987, the right of transmit and furnish
electric energy for light, heat, power and other purposes for public
and private use within and through the limits of the City as its
boundaries now exist or as they may be extended in the future. For
these purposes, Company may construct, operate, repair and maintain
Electric Facilities in, on, over, under and across the Public Ways
and Public Grounds of Ci. ty subject to the provisions of this Ordinance.
Company may do all reasonable things necessary or customary to ac-
complish these purposes, subject, however, to zoning ordinances, other
applicable ordinances, permit procedures, and to the further pro-
visions of this franchise.
Effective Date; Written Acceptance. This franchise shall be in full
force and effect from and after the completion of all three of the
following events, to wit:
(a) 30 days from and after the passage of this Ordinance.
(b) Acceptance in writing by Company within 30 days after the
passage of this Ordinance; and
(c) This Ordinance has been published once per week for four
consecutive weeks in the official newspaper of the City.
Service Rates and Area. The service to be provided and the rates to
be charged by Company for electric service in City currently are
subject to the jursidiction of the Minnesota Public Utilities
Commission. The area within the City in which the Company may pro-
vide electric service currently is subject to the provisions of
Minnesota Statutes, Section 216B.40.
Publication Expense. The expense of publi'cation of this Ordinance
shall be paid by the Company.
Default. If either party asserts that the other party is in default
in the performance of any obligation hereunder, the complaining
party shall notify the other party of the default and the desired
remedy. The notification shall be written. If the dispute is not
Regular Council Meeting
April 13, 1987
page 3
resolved within 30 days of the written notice, either party may
commence an action in District Court to interpret and enforce
this franchise or for such other relief as may be permitted by
· law or equity for breach of contract, or either party may take
any other action permitted by law.
Section 3: LOCATION, OTHER REGULATIONS
12.203(1)
Location of Facilities. Electric Facilities shall be located and
constructed so as not to interfere with the safety and convenience
of ordinary travel along and over Public Ways and they shall be
located on Public Grounds as determined by the City. The Company's
construction, reconstruction, operation, repair, maintenance and
location of Electric Facilities shall be subject to other reasonable
regulations of the City.
12.203(2)
Field Locations. The Company shall provide field locations for any
of its'underground Electric Facilities within a reasonable period of
time on request by the City. The period of time will be considered
reasonable if it compares favorably with the average time required
by the cities in the same county to locate municipal underground
facilities for the Company.
12.203(3)
Street Openings. The Company shall not open or disturb the paved
surface of any Public Way or Public Ground for any purpose without
first having obtained permission from the City, for which the City
may impose a reasonable fee. Permit conditions imposed on the Com-
pany shall not be more burdensome than those imposed on other
utilities for similar facilities or work. The Company may, however,
open and disburb the paved surface of any Public Way or Public
Ground without permission from the City where an emergency exists
requiring the immediate repair of Electric Facilities. In such
event the Company shall notify the City be telephone to the office
designated by the City before opening or distributing a paved sur-
face of a Public Way-or Public Ground. Not later than the second
working day thereafter, the Company shall obtain any required per-
mits and pay any required fees.
12.203(4)
Restoration. After undertaking any work requiring the opening of
any Public Way or Public Ground, the Company shall restore the same,
including paving and its foundation, to as good condition as for-
merly existed and shall maintain the same in good condition for two
years thereafter. The work shall be completed as promptly as weather
permits, and if the Company shall not promptly perform and complete
the work, remove all dirt, rubbish, equipment and material, and
put the Public Way or Public Ground in the said condition, the
City shall have, after demand to the Company to cure and the
passage of a reasonable period of time following the demand, but
not to exceed five days, the right to make the restoration at the
expense of the Company. The Company shall pay to the City the cost
of such work done for or performed by the City, including its ad-
ministrative expense and overhead, plus ten percent additional as
liquidated damages. This remedy shall be in addition to any other
remedy available to the City.
Regular Council Meeting
April 13, 1987
page 4
12.203(5)
Shared Use of Poles. The Company shall make space available on its
poles or towers for City fire, water utility, police or other City
facilities whenever such use will not interfere with the use of such
poles or towers by the Company, by another electric utility, by a
telephone utility, or by any cable television company or other form
of communication company. In addition, the City shall pay for any
added cost incurred by the Company because of such use by City.
Section 4: RELOCATIONS
12.204(1)
12.204(2)
Relocation of Electric Facilities in Public Ways. Except as pro-
vided in Section 12.204('3), if the City determines to vacate for a
City improvement project, or to grade, regrade, or change the line
of any Public Way, or construct or reconstruct any City Utility
System in any Public Way, it may order the Company to relocate its
Electric Facilities located therein. The Company shall relocate its
Electric Facilities at its own expense. The City shall give the
Company reasonable notice of plans to vacate for a City improvement
project, or to grade, regrade, or change the line of any Public Way
or to construct or reconstruct any City Utility System. If a reloca-
tion is ordered within five years of a prior relocation of the
same Electrical Facilities, which was made at Company expense, the
City shall reimburse Company for non-betterment expenses on a time
and material basis, provided that if a subsequent relocation is
required because of the extension of a City Utility System to a pre-
viously unserved area, Company may be required to make the subsequent
relocation at its expense. Nothing in this Ordinance requires
company to relocate, remove, replace or reconnect at its own expense
its facilities where such relocation, removal, replacement or recon-
struction is solely for the convenience of the City and is not
reasonably necessary for the construction or reconstruction of a
Public Way or City Utility System or other City Improvement.
Relocation of Electric Facilities in Public Ground. Except as may
be provided in Section 12.204(3), City may require the Company to
relocate or remove its Electric Facilities from Public Ground upon
a finding by City that Electrical Facilities have become or will
become a substantial impairment of the public use to which the
Public Ground is or will be put. The relocation or removal shall
be at the Company's expense. The provisions of 12.204(2) apply only
to Electric Facilities constructed in reliance on a franchise and
the Company does not waive its rights under an easement or prescriptive
right.
12.204(3)
Projects with State and Federal Funding. Relocation, removal, or
rearrangement of any Company facilities made necessary because of
the extension into or through City of a federally-aided highway
project shall be governed by the provisions of Minnesota Statutes,
Section 161.46 as supplemented or amended. It is understood that
the right herein granted to Company is a valuable right. City shall
not order Company to remove, or relocate its facilities when a
Public Way is vacated, improved or realigned because of a renewal of
a redevelopment plan which is financially subsidized in whole or in
part by the Federal Government or any agency thereof, unless the
Regular Council Meeting
April 13, 1987
page 5
12.204(4)
Section 5:
12.205
Section 5:
12.206(1)
12.206(2)
Section 7:
12.207
reasonable non-betterment costs of such relocation and the loss and
expense resulting therefrom are first paid to Company, but the City
need not pay those portions of such for which reimbursement to it is
not available.
Liability. Nothing in the Ordinance relieves any person from liability
arising out of the failure to exercise reasonable care to avoid damag-
ing Electric Facilities while performing any activity.
TREE TRIMMING
The Company may trim all trees and shrubs in the Public Ways and
Public Grounds of City interfering with the proper construction,
operation, repair and maintenance of any Electric Facilities installed
hereunder, provided that the Company shall save the City harmless from
any liability arising therefrom, and subject to permit or other
reasonable regulation by the City.
INDEMNIFICATION.
The Company shall indemnify, keep and hold the City free and
harmless from any and all liability on account of injury to persons
or damage to property occasioned by the construction, maintenance,
repair, inspection, the issuance of permits, or the operation of the
Electrical Facilities located in the City. The City shall not be
indemnified for losses or claims occasioned through its own negli-
gence except for losses or claims arising out of or alleging the
City's negligence as to the issuance of permits for, or inspection
or, the Company's plans for work. The City shall not be indemnified
if the injury or damage results from the performance in a proper
manner of acts reasonably deemed hazardous by Company, and such per-
formance is nevertheless ordered or directed by City after notice of
Company's determination.
In the event a suit if brought against the City under circumstances
where this agreement to indemnify applies, the Company at its sole
cost and expense shall defend the City in such suit if written
notice thereof is promptly given to the Company within a period
wherein the Company is not prejudiced by lack of such notice. If
the Company is required to indemnify and defend, it will thereafter
have control of such litigation, but the Company may not settle such
litigation without the consent of the City, which concent shall not
be unreasonably withheld. This section is not, as to third parties,
a waiver of any defense or immunity otherwise available to the City;
and the Company, in defending any action on behalf of the City shall
be entitled to assert in any action every defense or immunity that
the City could assert in its own behalf.
VACATION OF PUBLIC WAYS
The City shall give the Company at least two week~'prior written
notice of a proposed vacation of a Public Way. Except where re-
quired for a City street or other improvemeat project, the vacation
of any Public Way, after the installation of Electrical Facilities
Regular Council Meeting
April 13, 1987
page 6
Sect ion 8.
12. 208
Sect ion 9.
12.209(1)
shall not operate to deprive Company of its rights to operate and
maintain such Electrical Facilities until the reasonable cost of
relocating the same and the loss and expense resulting from such
relocation are first paid to Company. In no case, however, shall
City be liable to the Company for failure to specifically preserve
a right-of-way, under Minnesota Statutes, Section 160.29.
CHANGE IN FORM OF GOVERNMENT
Any change in the form of government of the City shall not affect the
validity of this Ordinance. Any governmental unit succeeding the
City shall, without the consent of the Company, succeed to all of
the rights and obligations of the City provided in this Ordinance.
FRANCHISE FEE
Separate Ordinance. During the term of the franchise hereby granted,
and in lieu of any permit or other fees being imposed on the Company,
12.209(2)
]2.209(3)
the City may impose on the Company a franchise fee of not more than
five percent of the Company's gross revenues as hereinafter defined.
The franchise fee shall be imposed by a separate ordinance duly adopted
by the City Council, which ordinance shall not be adopted be adopted
until at least 60 days after written notice enclosing such proposed
ordinance has been served upon the Company by certified mail. The
fee shall not become effective until at least 60 days after written
notice enclosing such adopted ordinance has been served upon the
Company by certified mail.
Terms defined. The term "gross revenues" means all sums, excluding
any surcharge or similar addition to the Company's charges to cus-
tomers for the purpose of reimbursing the Company for the cost re-
sulting from the franchise fee, received by the Company from the
sale of electricity to its retail customers within the corporate
limits of the City.
Collection of the Fee. The franchise fee shall be payable not less
often than quarterly, and shall be based on the gross revenues of
the Company during complete billing months during the period for
which payment is to be made. The percent fee may be changed by
ordinance from time to time; however, each change shall meet the
same notice requirements and the percentage may not be changed
more often than annually. Such. fee shall not exceed any amount which
the Company may legally charge to its customers prior to payment
to the City by imposing a surcharge equivalent to such fee in its
rate for electric service. The Company may pay the City the fee
based upon the surcharge billed subject to subsequent reductions
to account for uncollectibles or customer refunds. The time and
manner of collecting the franchise fee is subject to the approval
of the Public Utilities Commission, which the Company agrees to use
best efforts to obtain. The Company agrees to make its gross revenues
records available for inspection by the City at reasonable times.
Regular Council Meeting
April 13, 1987
page 7
12.209(4)
Conditions on the Fee. The separate ordinance imposing the fee shall
not be effective against the Company unless it lawfully imposes and
the City quarterly or more often collects a fee or tax of the same
or greater percentage on the receipts from sales of energy within
the City by any other energy supplier, provided that, as to such a
supplier, the City has the authority to require a franchise fee or
to impose a tax. The franshise fee or tax shall be applicable to
energy sales for any energy use related to heating, cooling, or
lighting, as well as to the supply of energy needed to run machinery
and appliances on premises located within or adjacent to the City,
but shall not apply to energy sales for the purpose of providing
fuel for vehicles.
Section 10. SEVERABILITY
If any portion of this franchise is found to be invalid for any
reason whatsoever, the validity of the remainder shall not be af-
fected.
Section ll. AMENDMENT
12.211
This .Ordinance may be amended at any t~i.me by the City passing a
subsequent ordinance declaring the provisions of the amendment,
which amendatory ordinance shall become effective upon the filing
of the Company's written consent thereto with the City Clerk
within 90 days after the effective date of the amendatory ordi-
nance.
Section 12. PREVIOUS FRANCHISES SUPERSEDED
12.212 This franchise supersedes any previous electric franshise granted to
the Company or its predecessor.
Section 13. CHARTER REQUIREMENTS
12.213(1)
That the Company shall be subject to and will perform on its part
all the terms of Section 94 and 102, inclusive of the Charter of
the City.
12.213(2)
That the Company shall not issue any capital stock on account of the
franchise or the value thereof, and that the Company shall have no
right to reserve, upon condemnation proceedings brought by the City
to acquire the public utility exercising such franchise, any return
on account of the franchise or its value.
12.213(3)
That no sale or lease of said franchise shall be active until the
assignee or leasee shall have filed in the office of the City Clerk
an instrument, duly executed, reciting the fact of such sale or
lease, accepting the terms of the franchise, and agreeing to perform
all the conditions required of the Company thereunder.
12.213(4)
That every grant in said franchise contained of permission for the
erection of poles, masts, or other fixtures in the streets and for
the attachment of wires thereto, or for the laying of tracks in,
or of pipes or conduits, under places of any subject to the condition
Regular Council Meeting
April 13, 1987
page 8
that the Council shall have the power to require such alterations
therein, or relocation or rerouting thereof, as the Council may at
any time deem necessary for health, or convenience of the public,
and particularly that it shall have the power to require the removal
of poles, masts, and other fixtures bearing wires and the placing
underground of poles, masts, and of other fixtures bearing wires and
the placing underground of all wires for whatsoever purpose used.
12.213(5)
This franchise and every extension of renewal thereof must be
accepted in writing by the Company within 30 days after its passage
by the Council and before its submission to a vote of the people in
case of a referendum. This franchise shall not be binding upon the
City until its acceptance of and consent to all the terms, conditions,
and limitations contained in this ordinance granting the franchise
as well as the provisions of the Charter of the City of Columbia
Heights.
Section 2:
This Ordinance shall be in full force and effect from and after
thirty (30) days after its passage. The franchise shall be in full
force and effect as been heretofore provided in this Ordinance.
First Reading: April 13, 1987. The second reading of Ordinance No. i146 is
scheduled for April 27, 1987.
First Lutheran Church - Heights Variances for Building and Steeple
These variances must be granted by resolution. The Council waived the reading of
the resolution.
RESOLUTION NO. 87-27
BEING A RESOLUTION GRANTING HEIGHT VARIANCES TO FIRST LUTHERAN CHURCH
WHEREAS:
WHEREAS:
First Lutheran Church has applied for height variances for a
proposed sanctuary and steeple; and
The requested variances are for a height variance of nineteen (19)
feet for the building and a height variance of thirty six and one
half (36½) feet for the steeple which has a total height of eighty
nine (89) feet above grade level; and
WHEREAS:
The Planning and Zoning Commission held a public hearing on April
7, 1987, regarding this request; and
WHEREAS:
The Planning and Zoning Commission recommended approval of the
additional height for the building and steeple as permitted by
Section 9.116(16)(a) of the Zoning Ordinance; and
WHEREAS:
The building height and the steeple height in excess of the Zoning
Ordinance would not be dangerous and would not adversely affect the
adjoining or adjacent property
NOW, THEREFORE, BE IT RESOLVED, that the City Council grants a special permit
for the First Lutheran Church, 1555 4Oth Avenue N.E., to allow
Regular Council Meeting
April 13, 1987
page 9
a building height of nineteen (19) feet in excess of the Zoning
Ordinance and a steeple height of thirty six and one half (36½)
feet in excess of the Zoning Ordinance as the structure would not
be dangerous and would not adversely affect the adjoining or ad-
jacent property.
Passed this 13th day of April, 1987.
Offered by: Paulson
Seconded by: Carlson
Roll call: Ail ayes
do-Anne Student, Council Secretary
Mayor Bruce G. Nawrocki
Lotsplit - 1019 44th Avenue N.E., Donald Anderson
This lotsplit was granted by resolution subject to the requirements of the Engi-
neering Department and an additional five foot easement north of the existing
easement along 44th Avenue being obtained.
RESOLUTION NO. 87-30
SUBDIVISION REQUEST
Fee: $10.00
Date paid: 3-18-87
Receipt: 15882
I, Donald Anderson, hereby request a split of PIN 36 30 24 22 0062 legally
described as: Lot 35, except the north 140 feet, Block 1, Reservoir Hills,. Anoka
County, Minnesota. Subject to the road and utility easement over south 10 feet.
The description henceforth to be:
1. The east 60 feet of Lot 35, Block 1, Reservoir Hills, Anoka County, Minnesota,
except the north 140.0 feet thereof. Subject to an easement over the south
lO.O feet for 44th Avenue.
2. Lot 35, Block 1, Reservoir Hills, Anoka County, Minnesota, except the north
140.O feet and except the east 60.0 feet thereof. Subject to an easement
over the south 10.0 feet for 44th Avenue.
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 lotsplit given approval shall become invalid if the resolution, motion or
other Council action approving the said lotspllt is not filed with the County
Auditor within one (1) year of the date of the Council action.
PLANNING AND ZONING DEPARTMENT ACTION:
Approved
This 7th day of April, 1987.
Donald L. Anderson
Signature of Owner, notarized
4208 Stinson Blvd., Columbia Heights, Mn.
Owner's Address
Regular Council Meeting
April 13, 1987
page l0
Offered by: Nixon
Seconded by: Marko
Roll call: All ayes
LeRoy Goranson
Zoning Officer
CITY COUNCIL ACTION:
Telephone No. 788-8103 - 781-2776
Subscribed and sworn to before me this
19th day of March, 1987.
Bonnie A. Jewett
Notary Public
Approved
This 13th day of April, 1987.
Offered by: Paulson
Seconded by: Carlson
Roll call: All ayes
Mayor Bruce G. Nawrocki
Jo-Anne Student, Council Secretary
Conditional Use Permit - Little Caesar's Pizza, Inc., 4353 Central Avenue
The Council approved the Conditional Use Permit for a prepared food establishment
at 4353 Central Avenue subject to gates being installed on the open end of the
dumpster enclosure.
Park Board Action Re: Req. uest of Hone.y~el.l.., I.nc. to Consume Non-lntoxi.catin¢
Malt Liquor
The Council authorized the consumption of non-intoxicating malt liquor in con-
junction with the Honeywell Employee Picnic scheduled for June 2nd or June 3rd,
as an alternate, during the hours of 3:00 p.m. and approximately 8:00 p.m,, with
the stipulation that Honeywell clean up the park area after the event; based
upon the recommendation of the Park Board.
Establish Date for Public Improvement HeaEing.- Concrete Alley Repairs
The Council established May ll, 1987 at 7:00 p.m. as the date and time for a
public improvement hearing to consider repairs to various concrete alley. A
public hearing had been previously held on these improvements and an expla-
natory letter will be sent to those property owners affected by them.
Authorization to $e11, Salv~.ge or Dispose of City Property
The Council authorize the sale, salvage or disposal of surplus City property
(fixed assets) as indicated on a listing of surplus property dated April 10,
1987 received by the Council.
Ratify Action of City Manager Regarding Use of Auctioneer
The Council ratified the action of the City Manager obtaining Anoka-Fridley Auctions
to conduct an auction of surplus City property and unclaimed property held by the
Police Department on April 25, 1987, at a fee of 10% of revenues generated.
Regular Council Meeting
April 13, 1987
page ll
Gambling License Applications
Columbia Heights Jaycees at Dave's Bar
The Council authorized the City Manager to advise the Minnesota Charitable
Gambling Control Board that the City has no objections to the issuance of
a Class B Gambling License to the Columbia Heights Jaycees for use at Dave's
Bar, 4952 Central Avenue.
Columbia Heig.hts Lions Club at Huset Park Building
The Council authorized the City Manager to advise the Minnesota Charitable
Gambling Control Board that the City has no objections to the issuance of
a Class B Gambling License to the Columbia Heights Lions Club for use at
the Huset Park Building, 3965 Jefferson Street N.E..
Award of Bid
Road Materials
The Council authorized the Mayor and City Manager to enter into an agreement
to purchase road materials out of line item 101-4220-1350 at the unit.prices
noted in the City Council letter (9.D.1) dated April 8, 1987.
The Council rejected all bids for crackfilling material on the basis that
Project #8708 has not yet been authorized; and, to authorize rebidding the
material if Project #8707 is authorized.
1987 Tree Removal
The Council authorized the Mayor and City Manager to enter into a contract with
Bluemei's Tree and Landscape for the removal of Dutch Elm and Oak Wilt trees
for a unit price of $9.90/inch diameter on tree removal and $1.O0/inch diameter
for stump removal.
1987 Tree Plan~ing Contract
The Council awarded the bid for the 1987 supplying and planting of trees on public
and private property to Margolis Brothers based upon a low, formal bid of unit
prices as noted in the company's proposal dated April 6, 1987 and the Mayor and
City Manager were authorized to exexute a contract for same.
Weed and Feed for ~arks
The Council authorized the purchase of 200 50# bags of weed and feed (20-10-10)
fertilizer and weed killer from Howe, Inc. of Minneapolis at a cost not to exceed
$2,180 based upon low quotations; and, the Mayor and City Manager were authorized
to execute a contract for same.
Street Sweeper Parts
The Council authorized the purchase of Mobile street sweeper elevator parts from
Seal Methods, Inc. for $1,250 based upon low quotation and the Mayor and City
Manager were authorized to enter a contract for same.
Regular Council ~eeting
April 13, 1987
page 12
Approval of Consent Agenda
Motion by Paulson, second by Carlson to approve the consent agenda. Roll call:
All ayes
Proclamations
Mayor Nawrocki noted that the week of April 20 to the 25th is Columbia Heights
Chamber of Commerce Week.
April 26 through May 2, 1987 is Handicapped Awareness Week in the State of Minnesota.
Mayor Nawrocki read the proclamation designating this week in the City of Columbia
Heights and presented it to Mr. Doug Hill, who represents the City on the North
Suburban Advisory Council for the Handicapped. Mr. Hill thanked the Mayor and
expressed gratitude to those who have worked with this organization.
Mayor Nawrocki noted that Loyalty Day is May 2nd this year and that Buddy Poppy
Day is May 15th. He had previously presented copies of proclamations recognizing
these two days to members of the V.F.W. Post #230 and its Auxiliary.
Oral Petitions
The property owner at 542 Summit Street expressed his concern with the condition
of the building next to h~s. He noted that the building appeared to be substandard
and was infested with rodents. He inquired if the building could be rezoned so
there could no longer be a commercial zoning on it. He was advised that the re-
zoning must be requested by the building owner. The Mayor explained the process
of initiative and referendum and also suggested a petition could be explored.
The Mayor noted that apparently rodents were still in the building and inquired
what is being done about them at this point in time. The Building Inspector stated
that the former tenant is still in the process of cleaning out the building. The
Mayor felt it was imperative that this situation be cleaned up. The City Manager
advised that the matter will be looked at by his Assistant, the Building Inspector
and Anoka County Health Department. The City Attorney stated that the City Council
and the Planning and Zoning Commission could take action on this matter.
Motion by Carlson, second by Paulson to refer this matter to the Planning and
Zoning Commission for its review and recommendations. Roll call: All ayes
Ordinances and Resolutions
a. Second Reading of Ordinance No. 1142; Being an Ordinance Amending Ordinance No.
853, City Code of 1977, Pertaining to Day Nurseries and Nursery Schools
This ordinance had been initiated at the request of the Little Voyageurs Montessori
School who needed to change its location. The Mayor noted that this is no longer
an issue for this School as its lease at its present location has been extended.
Motion by Paulson, second by Carlson to table this matter. Roll call: All ayes
b. First Reading of Ordinance No. 1145; Amending City Charter Regarding Elections
The City Attorney advised the Council that this ordinance must be reqiewed by the
Charter Commission and that charter changes must be recommended by the Charter
Commission. The next meeting of the Charter Commission is scheduled for April
21st. Timeframes for municipal elections were discussed. The City Attorney noted
that the City Council has the authority to set the date of the Primary Election.
Motion by Petkoff, second by Paulson to refer this matter to the Charter Commission.
Roll call: All ayes
Regular Council Meeting
April 13, 1987
page 13
First Reading of Ordinance No. 1144; Authorizing Issuance of Bonds to Refinance
Tax-Increment Financing General Obligation Bonds
The purpose of this ordinance is to authorize the refinancing at lower rates of
interest thus realizing a savings for the City. The City's bond counsel reviewed
the refinancing process. He noted that the length of the issue will not be changed.
This process will not extend the years of the debt. The Mayor inquired what legal
costs will be incurred if the refinancing does not happen. The City Manager stated
there will be costs. The City Attorney noted that in the past the City has not been
charged by the firm of the legal counsel. The bond counsel noted that in about
two weeks the costs will be firm whether or not the sale goes through.
Ordinance No. 1148 was distributed by the City Manager. This ordinance is similar
to Ordinance No. 1144 but it addresses the refinancing of the City's General
Obligation Refunding Improvement Bonds.
Motion by Carlson, second by Paulson to waive the reading of Ordinance No. 1144
there being ample copies available to the public. Roll call: All ayes
ORDINANCE NO. 1144
AUTHORIZING ISSUANCE OF $9,100,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING
BONDS OF 1987, SERIES A
The City of Columbia Heights does ordain:
1. Bond Purpose and Authorization Sale.
a. Pursuant to the provisions of Minnesota Statutes, Chapter 475, the City of
Columbia Heights (the "City") is authorized to issue bonds for the purpose of
refunding its existing general obligation indebtedness prior to maturity when
determined by the City to be necessary or desirable for the reduction of debt
service cost to the City.
b. The City has heretofore issued its $2,100,000 General Obligation Tax Increment
Bonds of 1985, Series A and the $8,175,000 General Obligation Tax Increment Bonds
of 1980 (the "Prior Issue Bonds").
c. It is hereby found, determined and declared that the refunding of the Prior
Issue Bonds in advance of the maturity of such bonds is necessary and desirable
to reduce the debt service cost for such bonds to the City and that the City
should issue, and the City hereby authorizes and directs the issuance and sale
of, its General Obligation Tax Increment Refunding Bonds of 1987, Series A in
the principal amount of $9,1OO,000 (or such different principal amount as is
determined in accordance with the Official Term of Offering attached hereto
as Exhibit A), (the "Refunding Bonds").
2. Sale. This City Council (the "Council") shall meet at the time and place
spe'c'ified in the forms of Official Notice of Bond Sale for the Bonds attached
hereto as Exhibit B for the purpose of opening and considering sealed bids for,
and awarding the sale of the Refunding Bonds.
3. Notice of Bond Sale. The Council hereby authorizes and directs the City
Manager or his designee to cause to be published the notice of advertisement
for sealed bids for the Refunding Bonds in the official newspaper of the City,
and in Commercial West, at Minneapolis, Minnesota, in substantially the form
attached hereto as Exhibit B. Each and all of the terms and provisions set
forth in such notices are adopted and confirmed as the terms and conditions
Regular Council Heetin9
April 13, 1987
page ]4
of the Refunding Bonds and the sale thereof.
4. Official Terms of Offering. The Official Terms of Offering of the Bonds in
substantially the form attached hereto as Exhibit A shall constitute the terms
and conditions for the sale of the Refunding Bonds, and the Council hereby
authorizes the incorporation of such terms and conditions in the material
to be distributed to prospective bidders for the Refunding Bonds.
5. Information and bidding forms may be obtained from the undersigned or from
Miller & Schroeder Financial, Inc., 7900 Xerxes Avenue South, Minneapolis,
Minnesota, 55440; telephone: 612-831-1500, financial consultants to the City.
6. This ordinance shall be in full force and effect from and after 30 days after
its passage.
First Reading: April 13, 1987
The second reading of Ordinance No. 1144 will be on April 27, 1987.
First Reading of Ordinance No. 1148; Authorizing Issuance of $2,230,000 General
Obligation Refundin9 Improvement Bonds of 1987, Series A
The second reading of Ordinance No. 1148 is scheduled for April 27, 1987.
Motion by Carlson, second by Paulson to waive the reading of Ordinance No. 1148
there being ample copies available to the public. Roll call: All ayes
ORDINANCE NO. 1148
AUTHORIZING ISSUANCE OF $2,230,000 GENERAL OBLIGATION REFUNDING IMPROVEMENT BONDS
OF 1987, SERIES A
The City of Columbia Heights does ordain:
a. Pursuant to the provisions of Minnesota Statutes, Chapter 475, the City of
Columbia Heights (the "City'l) is authorized to issue bonds for the purpose of
refunding its existing general obligation indebtedness prior to maturity when
determined by the City to be necessary or desirable for the reduction of debt
service cost to the City.
b. The City has heretofore issued its $2,460,000 General Obligation Refunding
Bonds of 1985, Series B (the "Prior Issue").
c. It is hereby found, determined and declared that the refunding of the Prior
Issue is necessary and desirable to reduce the debt.service cost for such bonds
to the City and that the City should issue, and the City hereby authorizes and
directs the issuance and sale of, its General Obligation Refunding Improvement
Bonds of 1987, Series A in the principal amount of $2,230,000, (the "Refunding
Bonds'l) .
2. Sale. This City Council (the "Council") shall meet at the time and place
specified in the forms of Official Notice of Bond Sale for the Bonds attached
hereto as Exhibit B for the purpose of opening and considering sealed bids for,
and awarding the sale of the Refunding Bonds.
Regular Council Meeting
April 13, 1987
page 15
3. Notice of Bond Sale. The Council hereby authorizes and directs the City
Manager or his designee to cause to be published the notice of advertisement
for sealed bids for the Refunding Bonds in the official newspaper of the City,
and in Commercial West, at Minneapolis, Minnesota, in substantially the form
attached hereto as Exhibit B. Each and all of the terms and provisions set
forth in such notices are adopted and confirmed as the terms and conditions
of the Bonds and the sale thereof.
4. Official Terms of Offering. The Official Terms of Offering of the Bonds in
substantially the form attached hereto as Exhibit A shall constitute the terms
and conditions for the sale of the Refunding Bonds, and the Council hereby
authorizes the incorporation of such terms and conditions in the material to
be distributed to prospective bidders for the Refunding Bonds.
5. Information and bidding forms may be obtained from the undersigned or from
Miller & Schroeder Financial, In., 7900 Xerxes Avenue South, Minneapolis, Min-
nesota 55440; telephone: 612-831-1500, financial consultants to the City.
6. 'This ordinance shall be in full force and effect from and after 30 days
after its passage.
First reading: April 13, 1987
The second reading of Ordinance No. 1148 will be on April 27, 1987.
First Reading of Ordinance No. 1147; Authorizing Issuance of Single Family
Mortgage Revenue Bonds
Motion by Paulson, second by Carlson to waive the reading of the ordinance there
being ample copies available to the public. Roll call: All ayes
ORDINANCE NO. 1147
AUTHORIZING THE ISSUANCE OF SINGLE FAMILY MORTGAGE REVENUE BONDS UNDER THE 1987
SINGLE FAMILY HOUSING BOND PROGRAM
The City of Columbia Heights does ordain:
1. The City Council (the "Council") of the City of Columbia Heights (the 'lCity")
has adopted a housing plan pursuant to Minnesota Statutes, Chapter 462C (the "Act").
2. The Council has adopted a Single Family Housing Bond Program after publication
of notice and by public hearing as required by the Act which program calls for
the issuance of $10,000,000 Single Family Mortgage Revenue Bonds of the City.
3- The program has been submitted to the Minnesota Housing Finance Agency as
required by law and pursuant to Minnesota Statutes, Chapter 474A, the City
has received an allocation of authority to issue qualified mortgage bonds.
4. On the basis of the information available to the City to date, it appears
that it would be in the best interests of the City to issue its Single Family
Mortgage Revenue Bonds in the aggregate principal amount of $10,OOO,OOO; and
it further appears that it would be in the best interests of the City to issue
its bonds jointly with other issures including, without limitation, The Dakota
County Housing and Redevelopment Authority and The Washington County Housing
and Redevelopment Authority.
Regular Council Meeting
April 13, 1987
page 16
5. The issuance by the City of its $10,000,000 Single Family Mortgage Revenue
Bonds, Series 1987 is hereby approved subject to the mutual agreement of this
body and the initial purchasers of the bonds as to the details of the bond
issue and the provisions for their payment. In all events, it is understood,
however, that such bonds of the City shall not constitute a charge, lien or
encumbrance legal or equitable upon any property of the City except the mort-
gages duly acquired pursuant to the bond documents; and each bond, when, as,
and if issued, shall recite in substance that the bond, including interest
thereon, is payable solely from the revenues received from the program, and
shall not constitute a debt of the City.
6. The bonds may be issued jointly with other issuers as determined by resolu-
tion of the City.
7. Miller & Schroeder Financial, Inc. is authorized to act as placement agent
for the bonds under terms and conditions to be determined by the City and
Miller & Schroeder Financial, Inc..
8. The law firm of Holmes &~Graven, Chartered is authorized to act as bond
counsel and to assist in the preparation and review of necessary documents
relating to the program and bonds issued in connection therewith.
9. This ordinance shall be in full force and effect from and after 30 days
after its passage.
First reading: April 13, 1987.
The second reading of Ordinance No. 1147 is scheduled for April 20, 1987.
Lotsplits - 4339 and 4357 Third Street, Warren Osborne
Mr. Osborne is requesting to split the two lots located at 4339 and 4357
Third Street into five lots so five single family dwellings can be constructed.
Mr. Osborne requested that the demolition of the structure on one of the lots
be deferred until some of the work on two of the homes is complete which he
anticipates will be about six months. The Planning and Zoning Commission
recommended approval of the lotsplits subject to three conditions. The City
Attorney suggested that he, Mr. Osborne and the Building Inspector meet to
discuss these conditions as well as a development agreement which would
address the demolition of the standing structure, the conditions recommended
by the Planning and Zoning Commission and the issuance of building permits.
Councilmember Petkoff suggested that the development agreement be made part
of the resolutions granting the lotspllts as well as the utility easement
requested for Lot 18.
Motion by Petkoff, second by Paulson to waive the reading of the resolutions
there being ample copies available to the public and that condition number 1
be included in Resolution t~o. 87-29 and condition number 2 be included in
Resolutlon No. 87-28 and 87-29 as recommended by the Plannlng and Zoning
Commission. Roll call: AI1 ayes
RESOLUTION NO. 87-28
SUBDIVISION REQUEST
Fee: $10.00
Date Paid: 3-11-87
Receipt No.: 15844
I, Warren Osborne, hereby request a split of PIN 35 30 24 22 0123 legally described
as:
Regular Council Meeting
April 13, 1987
page 17
Lot 17, Block l, Rearrangement of Block C of Columbia Heights Annex, except
part for highway described as follows: That part of Lot 17 lying easterly of
a line parallel with and distance 416.4 feet westerly of westerly line of 4th
Street - except part taken by State of Minnesota for Hwy Per F.C. Approved
4/3/68, Anoka County, Minnesota. Subject to road easement over West 10 feet
to City of Columbia Heights.
THE DESCRIPTION HENCEFORTH TO BE:
C) Remainder of D and E as described below and remainder from Lot 18 subdivision
to for the following description:
That part of Lots 17 and 18, Block l, Rearrangement of Block "C" of Columbia
Heights Annex to Minneapolis, Anoka County, Minnesota, lying westerly of the
westerly right of way line of State Trunk Highway No. 47, excepting therefrom
the north 110.00 feet of said Lot 18 and excepting therefrom the south 115.92
feet of said Lot 17. Subject to a roadway easement over the west 10.O0 feet
of said Lots and 18.
D) The north 57.00 feet of the south 115.92 feet of that part of Lot 17, Block l,
Rearrangement of Block "C" Columbia Heights Annex to Minneapolis, Anoka County,
Minnesota, lying westerly of the westerly right of way line of State Trunk
Highway No. 47. Subject to a roadway easement over the west lO feet thereof.
E) The south 58.92 feet of that part of Lot 17, Block l, Rearrangement of Block
"C" Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, lying
westerly of the westerly right of way line of State Trunk Highway No. 47.
Subject to a roadway easement over the west 10 feet thereof.
THIS LOTSPLIT IS SUBJECT TO COMBINING PIN 35 30 24 22 O123 and PIN 35 30 24
22 0125.
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 lotsplit given approval shall become invalid if the resolution, motion or
other Council action approving the said lotsplit is not filed with the County
Auditor within one (1) year of the date of the Council action.
PLANNING AND ZONING DEPARTMENT ACTION:
Approved
This 7th day of April, 1987.
Warren A. Osborne
Signature of Owner, Notarized
7565 University Avenue, Fridley, Mn.
Owner's Address
Offered by: Peterson
Seconded by: Nixon
Roll call: All ayes
CITY COUNCIL ACTION:
Approved subject to a development
agreement.
Telephone No. 784-7933 or 784-0423
Subscribed and sworn to before me this
12th day of.March, 1987.
Bonnie A. Jewett
Notary Public
Regular Council Meeting
April 13, 1987
page 18
This 13th day of April, 1987.
Offered by: Petkoff
Seconded by: Paulson
Roll call: All ayes
Jo-Anne Student, Council Secretary
Mayor Bruce G. Nawrocki
RESOLUTION NO. 87-29
SUBDIVISION REQUEST
Fee: $10.00
Date Paid: 3-11-87
Receipt No.: 15844
l, Warren Osborne, hereby request a split of PIN 35 30 24 22 O125 legally described
West ½ of Lot 18, Block l, Rearrangement of Block C of Columbia Heights Annex, Anoka
County, Minnesota; EXCEPT part taken by State of Minnesota for Highway; Subject to
road and utility easement over west 10 feet to City of Columbia Heights.
THE DESCRIPTION HENCEFORTH TO BE:
A) The north 55.00 feet of that part of Lot 18, Block l, Rearrangement of Block
"C" Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, lying
westerly of the westerly right of way line of State Trunk Highway No. 47.
Subject to a roadway easement over the west 10 feet thereof.
B) The south 55.00 feet of the north llO.OO feet of that part of Lot 18, Block
1, Rearrangement of Block "C" Columbia Heights Annex to Minneapolis, Anoka
County, Minnesota, lying westerly of the westerly right of way line of State
Trunk Highway No. 47. Subject to roadway easement over the west 10 feet thereof.
C) Remainder to be combined with remainder from Lot 17 to form the following des-
cription: That part of Lots 17 and 18, Block 1, Rearrangement of Block 'lC"
Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, lying westerly
of the westerly right of way line of State Trunk Highway No. 47, excepting
therefrom the north llO.OO feet of said Lot 18 and excepting therefrom the
south 115.92 feet of said Lot 17. Subject to a roadway easement over the west
10.00 feet of said Lots 17 and 18.
THIS LOTSPLIT IS SUBJECT TO COMBINING PIN 35 30 24 22 0123 and PIN 35 30 24 22
0125.
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 assessment will be levied according to the new split as
approved this day.
Any lotsplit given approval shall become invalid if the resolution, motion or
other Council action approving the said lotsplit is not filed with the County
Auditor within one (1) year of the date of the Council action.
Regular Council Meeting
April 13, 1987
page 19
PLANNING AND ZONING DEPARTMENT ACTION:
Approved provided an utility easement
be granted over the north ten feet of
Lot 18.
Warren A. Osborne
Signature of Owner, Notarized
7565 University Avenue, Fridley, Mn.
Owners' Address
This 7th day of April, 1987.
Telephone No. 784-7933 or 784-0423
Offered by: Peterson
Seconded by: Nixon
Roll call: All ayes
LeRoy Goranson
Zoning Officer
Subscribed and sworn to before me this
12th day of March, 1987.
Bonnie A. Jewett
Notary PUblic
CITY COUNCIL ACTION:
Approved subject to development
agreement.
This 13th day of April, 1987.
Offered by: Petkoff
Seconded by: Paulson
Roll call: All ayes
Jo-Anne Student, Council Secretary
Mayor Bruce G. Nawrocki
Lotsplit - 1019 44th Avenue
This item was approved on the consent agenda but the property owner at 1025
44th Avenue expressed his concern regarding what types of structures could be
built on these lots. He was advised by the Building Inspector that double bungalows
could be built on these parcels but that the owner had specifically stated he
would be building single family homes in these locations. Discussion continued
regarding the required setbacks of the homes and it was noted that the garages
will be in front of the home at 1025 44th Avenue.
Variance - Central Avenue Mobil, 3701 Central Avenue
A two foot variance is being requested by the Mobil station. The Planning and
Zoning Commission had previously approved a revised site plan to allow the
addition of grocery sales to the existing gasoline sales operation. Discuss.i,on
was had regarding parking on the property. The owner will be required to stripe
the parking spaces.
Motion by Petkoff, second by Paulson to approve the two foot variance from the
required ten foot side yard setback required to allow the installation of
canopies over the pump islands and that all parking spaces required for the
site be striped. Roll call: Paulson, Petkoff, Carlson - aye Nawrocki - nay
Traffic Commission
The City Manager advised the Council that the minutes of the Traffic Commission
meeting of April 6, 1987 were not completed at this time.
Regular Council Meeting
April 13, 1987
page 20
Old Business
Joint Powers Agreement for Sealcoating Corporate Limit Streets
About eight years ago the City of Fridley ceased participating in the sealcoatin9
of the frontage road on University Avenue between 45th and 53rd Avenues. Mayor
Nawrocki distributed copies of a letter he had written to the Mayor of Fridley
requesting participation in this project and noting that it had always been the
responsibility of the City of Fridley to participate in the maintenance of those
streets which are border streets between the two cities. No Council action was
taken on this matter.
Appropriate Monies to Bicentennial Committee Account for Expenses
Miscellaneous Civic Affairs - 101-'~1110-4376
Motion by Petkoff, second by Paulson to reconsider the motion from the January
26, 1987 City Council meeting to authorize the expenses for members to attend
the State Training Information Meeting, February 19-20, 1987, in St. Paul, Mn.
and that funds be taken from the General Fund - Unallocated Fund Balance for
registration and expenses. Roll call: All ayes
Motion by Petkoff, second by Paulson to appropriate $1,000 from the General
Fund, Contingencies and Transfers Department, Unallocated Contingencies line
item to the General Fund, Mayor and Council Department, Civic Affairs line
item; and, furthermore, to authorize expenses for the Constitution Bicentennial
Commission. Roll call: All ayes
Councilmember Peterson arrived at lO:O0 p.m.
MN/DOT Agreement - 37th and Central Avenues
The City Manager noted that the annotated agenda referred to the agreement as
a supplemental agreement, but it actually is the entire proposal. The City
Engineer noted that the supplemental agreement which will addresses the parking
or widening out of the lanes at 37th Avenue is expected sometime in May. The
costs and source of funding for the project were discussed. Mayor Nawrocki
advised the Council that he had met with staff members and property owners in
the area regarding parking and other matters concerning this project. The intent
of this meeting was to discuss salvaging some of the parking for those businesses
affected by the project. The property owner of the building on Central at 37th
Avenue had requested an angled curb cut into the adjoining parking lot. The
Mayor was of the opinion that this curb cut would be granted by the State.
Motion by Petkoff, second by Paulson to enter into an agreement with MN/DOT
for the overlay project on Central Avenue, 37th to 45th Avenues. Roll call:
All ayes
Authorization to Seek Proposals to Remove and Install Carpeting in City Hall
The carpeting to be replaced is in the Police Department, Fire Department,
and various other locations in City Hall in addition to corridors and hallways.
Motion by Peterson, second by Paulson to authorize the City Manager to seek
p[oposals for replacement of carpeting and v.inyl cove base in City Hall. Roll
call: All ayes
Regular Council Meeting
April 13, 1987
page 21
Aerial Truck
The Public Works Director advised the Council that all bids received for an
aerial truck came in higher than anticipated. The bids received were reviewed.
Motion by Petkoff, second by Carlson to appropriate $14,773 from the General
Fund - Undesignated Fund Balance to line item 101-4220-1550 in the Street
Department of the General Fund; and, furthermore, to authorize the expenditure
of $37,773 to ABM Equipment and Supply of Hopkins, Mn., for the purchase of a
Versalift aerial on a Ford chassis as submitted on their proposal dated March
31, 1987; and, that the Mayor and City Manager be authorized to execute, a
contract for same; and, furthermore, this approval i.s conditioned upon a satis-
factory scoping and review of the equipment by the City staff and the City shop.
Roll call: All ayes
RECESS: 10:30 p.m.
RECONVENE: ll:15 p.m.
Public Hearing on 37th. Avenue Pro~ect
The Council established Monday, April 27th at 6:45 p.m. as the date and time
for a public information hearing regarding the street project to be done on
37th ~venue between Stinson Boulevard and Central Avenue. All affected resi-
dents will be notified by letter of this meeting.
Reports
a. Report of the City Ma.namer
The City Manager's report was submitted in written form and the following items
were discussed:
1. Alley Located Between Gould Street and 40th Avenue: This alley is south of
Reservoir Boulevard. The owner of the apartment building at 1134 40th Avenue
has been requested to provide parking for his tenants on his property as
presently some of them are parking in this alley. The building owner had
requested two weeks to provide alternative parking space. The Building
Inspector is working with the property owner on this matter.
2. Review of Consent Agenda: Three months have elapsed since the use of a
consent agenda was instituted. It had been the desire of the Council to
review this matter in three months. This will be an agenda item at a
Council work session.
3. Structure at 3908 Polk Street: The property owner at this address had
requested that his former residence remain standing while his new home
is being built on the front part of his parcel. The Building Inspector
noted that if this were to be done there very likely would be problems
with the sanitary sewer lines. He felt to leave the old structure up
would not be feasible.
4. Sign Violations: The City Manager advised the Council that letters have
been sent to many businesses in the City regarding their violations of
the City Sign Code and requesting that adjustments be made to their
signage to be in compliance.
Regular Council Meeting
April 13, 1987
page 22
5. Sale of Wine in Grocery Stores: The Liquor Operations Manager had requested
the Council go on record opposing the sale of wine in grocery stores. Mayor
Nawrocki noted that the Council had stated its opposition to this matter
when it previously had been considered by the Legislature. The Mayor had
a conversation with the City's representative regarding the City's position.
The City Manager read a draft resolution submitted by the Liquor Operations
Manager.
Motion by Petkoff, second by Carlson to waive the reading of the resoluton
there being ample copies available to the public. Roll call: All ayes
RESOLUTION NO. 87-31
BEING A RESOLUTION EXPRESSING OPPOSITION TO THE SALE OF WINE IN GROCERY STORES
WHEREAS:
The ability of national and locally owned grocery stores to
sell wine will have a devastating affect on our existing
locally owned liquor stores; and,
WHEREAS:
Minnesota's municipal and privately owned liquor stores have
done an excellent job in marketing wine and other alcoholic
beverages in a responsible manner; and
WHEREAS:
WHEREAS:
Widespread grocery store distribution of wine would be more
difficult to control; and
Many local communities generate substantial profits through
their municipal liquor stores and these funds are used for
local community needs; and
WHEREAS:
The local liquor stores are usually family or municipally owned
and these owner and operators are residents of our communities
NOW, THEREFORE, BE IT RESOLVED, that the Columbia Heights City Council
expresses its concern and objection to legislation which
would authorize grocery stores to distribute wine without
local licensing authority.
Passed this 13th day of April, 1987.
Offered by: Petkoff
Seconded by: Carlson
Roll call: All ayes
Jo-Anne Student, Council Secretary
Mayor Bruce G. Nawrocki
b. Report of the City Attorney
The City Attorney advised the Council that he had spoken to the owner of the
Shenaz Authentic International Food Store located at 544 Summit Street regarding
the revocation of her 1987 Grocery Sale License. She could not locate the license.
Motion by Paulson, second by Petkoff to revoke the 1987 Grocery Sale License for
Kathy Walji d/b/a Shenaz Authentic International Foods at 544 Summit Street.
Roll call: All ayes
The City Attorney also advised the Council he has been working on recommendations
Regular Council Meeting
April 13, 1987
page 23
and new provisions for the agreement between Hilltop and Columbia Heights
for police service.
Approval of License Applications
Motion by Carlson, second by Peterson to approve the licenses as listed upon
payment of proper fees. Roll call: All ayes
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 Peterson, second
Roll call: All ayes
~Anne Student~ ~u~l
by Carlson to adjourn the me~ing a~ll:45 p.m..
Mayor~l~uce G. Nawrocki
Secretary