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HomeMy WebLinkAboutAugust 22, 1988OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 22, 1988 Mayor Hadtrath called the meeting to order at 7:30 p.m.. 1. Roll Call Paulson, Petkoff, Carlson, Peterson, Hadtrath - present 2. Pledge of Allegiance 3. Consent Agenda The following items were adopted from the Consent Agenda: Minutes for Approval The Council approved the minutes of the Regular City Council Meeting of August 8th, the Board of Trustees - Volunteer Relief Association Meeting of August 8th, and the Public Hearing - Improvements to Huset Park of August 18th as written and there were no corrections. First Reading of Ordinance No. 1168, Conveyance of Property The first reading of Ordinance No. 1168 was waived. ORDINANCE NO. 1168 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND CON- VEYING PART OF LOT 12, BLOCK 2, WALTON'S FIRST SUBDIVISION TO RESERVOIR HILLS The City Council of the City of Columbia Heights does ordain: Section I: Ordinance No. 853, City Code of 1977, shall be amended by the addition to the appendix of the language contained hereafter, to-wit: A) The City of Columbia Heights shall convey the following described real property to Joseph P. Macko and Sherri N. Macko, husband and wife, as joint tenants, to-wit: The southwesterly IO feet of Lot 12, Block 2, Walton's First Subdivision of Reservoir Hills, Anoka County, Minnesota, as measured at right angles to and parallel with the southwesterly line of said Lot 2, Anoka County, Minnesota B) The Mayor and City Manager are authorized to execute a Quit Claim Deed conveying the said real property. Section 2: C) Consideration has been received. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: August 22, 1988 The second reading of Ordinance No. 1168 is scheduled for September 12,,1988. Regular Council Meeting August 22, 1988 page 2 First Reading of Ordinance No. 1169; Giving Preliminary Approval - Crestview The first reading of Ordinance No. 1169 was waived. ORDINANCE NO. 1169 ORDINANCE GIVING PRELIMINARY APPROVAL TO A COMBINATION HEALTH CARE AND RESIDENTIAL HOUSING PROGRAM AND ISSUANCE OF REVENUE BONDS ON BEHALF OF CRESTVIEW LUTHERAN HOME The City of Columbia Heights, Minnesota (the "City"), does ordain, as follows: Section 1. Recitals. 1.01. By provisions of Minnesota Statutes Chapter 462C, as amended (the "Act"), the City is authorized to plan, administer, and develop housing programs, as well as combination health care and residential hoUsing programs, and to issue and sell revenue bonds or obligations to make or purchase loans to finance combination health care and residential housing developments within its boundaries, which revenue bonds or obligations shall be pay- able solely from the 'revenues of such developments. 1.02. The City has prepared pursuant to the Act a Housing Plan for the City, which Housing Plan has been duly adopted by the City pursuant to the Act (the "Housing Plan"). The Act provides that, prior to issuing revenue bonds or obligations to finance a development described in Section 462C.05, subd. 7, of the Act, the City shall prepare a Program setting forth the information required by Section 462C.05, subd. 6, of the Act, submit the Program to the Metropolitan Council, and, after holding a public hearing thereon, submit the Program for approval by the Minnesota Housing Finance Agency, as provided in Section 462C.01 of the Act, on the basis of the considerations stated in Section 462C.04 of the Act. 1.O3. Crestview Lutheran Home, a Minnesota nonproEit corporation (the "Cor- poration''), has proposed to undertake the acquisition, construction and equipping of a combination health care and residential housing development under the Act in accordance with the City's Housing Plan and pursuant toga proposed Program therefor (the "Program"), on file in the office of the City Clerk-Treasurer, a copy of which is attached hereto as Exhibit A. The description of the facilities set forth in the Program is incorporated herein by reference and made a part hereof (the "Facilities"). 1 ~O4 Under the Program it is proposed that the City ~ssue its Residential Care Facility Revenue Bonds (the "Bonds") pursuant to the Act in such aggregate principal amount as may be necessary to finance the acquisition, construction and equipping of the Facilities, subject to the agreement by the Corporation to pay promptly when due all the principal of and interest on the Bonds. 1.05. A public hearing for the Program was held on September 12, 1988, as provided in the notice of public hearing published in the City's official newspaper no less than 15 days in advance of the hearing. At said hearing all persons present were afforded an opportunity to express their views concerning the Program. Regular Council Meeting August 22, 1988 page 3 Section 2. Approvals and Authorization. 2.O1. The Program. is hereby adopted by the City pursuant to Section 462C.04, subd. 7, of the Act, and the issuance of the Bonds of the City, in an aggregate principal amount of not to exceed $6,500,000 is hereby approved. The Bonds shall not be issued until the Program has been reviewed'and approved as provided by the Act and until the City, the Corporation and the purchaser of the Bonds have agreed upon the details of the Bonds and the provisions for their payment. The principal of, premium, if any, and interest on the Bonds, when, as and if issued, shall be pay- able solely from the revenues derived from the Facilities, including loan repayments to be made with respect thereto, and the property pledged to the payment thereof, and shall not constitute a debt of the City within the meaning of any constitutional, statutory or charter limitation. 2.02. The submission of the Program to the Metropolitan Council and the publication of notice of the public hearing held thereon are here- by ratified, confirmed, and approved. The Mayor, City Clerk-Treasurer and other officers and employees of the City are hereby authorized to submit the Program, accompanied by the Housing Plan, and all required certificates, to the Minnesota Housing Finance Agency for review and approval pursuant to Subdivision 2.of Section 462C.O4 of the Act. 2.03. Pursuant to Subdivision l, Section 462C.07, of the Act, in the making of a loan with respect to the Program and in the issuance of the Bonds or other obligations of the City, the City may exercise, within its corporate limits, any of the powers the Minnesota Housing Finance Agency may exercise under Chapter 462A, Minnesota Statutes, without limitation under the provisions of ChaPter 475, Minnesota Statutes. 2.04. The Corporation has agreed to and shall pay any and all costs incurred by the City in connection with the Program and the Facilities whether or not the Program is approved by the Minnesota Housing Finance Agency and whether or not the Bonds are issued. Section 3. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: August 22, 1988 The second reading of Ordinance No. 1169 is scheduled for September 12, 1988. Resolution No. 88-56; Resolution Setting Taxi Cab Rates The reading of the resolution was waived. RESOLUTION NO. 88-56 SETTING TAXI CAB I~TES IN THE CITY OF COLUMBIA HEI. GHTS WHEREAS, the City of Columbia Heights is a community and adjacent to the City of Minneapolis, which licenses many of the same taxi cab companies which operate within the City of Columbia Heights; and, Regular Council Meeting August 22, 1988 page 4 WHEREAS, the City Council of the City of Minneapolis sets rates and approves rate increases for all licensed taxi cab companies operating within the City of Minneapolis upon thorough in- vestigation and review of financial records of the taxi cab companies; and, WHEREAS, in setting rates and approved rate increases for all licensed cab companies operating within the City of Columbia Heights, an attempt will be made to avoid duplication of effort and to achieve consistency in rate setting; NOW, THEREFORE, BE IT RESOLVED by. the City Council of Columbia Heights, Minnesota, that rates for all licensed taxi cab companies oper- ating in the City of Columbia Heights, Minnesota, be set at the same rate as is set for all licensed taxi cab companies operating in the City of Minneapolis, Minnesota, that being: $1.25 'on Flag Drop (the first 1/6 of a mile) $1.20 per mile ($ .20 each additional 1/6 of a mile) $15.00 per hour Waiting Fee ($ .20 per minute) to be effective immediately. Passed this 22nd day of August, 1988. Offered by: Paulson Seconded by: Peterson Roll call: All ayes Mayor Dale V. Hadtrath Jo-Anne Student, Council Secretary Agreement for Animal Control Services The Council accepted ani'mal services from the Greater Anoka County Humane Society from October 1, 1988, through September 30, 1989, for $5,000 as outlined in their letter dated August 9, 1988 and the Mayor and City Manager were authorized to execute a contract for same. Ratify Action of Acting C. ity Manag.er Regard. i. ng Sewer and Water Services The Council ratified the action of the Acting City Manager and authorized Change Order No. 8725-1 amounting to $3,899.92 to Preferred Paving, Inc. and awarded the installation of stub-outs to Huset Park West to Olson Plumbing for $4,250.00 based upon their low quotation and authorized the Mayor and City Manager to execute a contract with Olson Plumbing. Ratify Act,ion of City Manager to Hire Architect for Project #8803 The Council ratified the action of the City Manager to hire D.F.P. Plannin§ and Design, Inc. for Municipal Project #8803 for an amount of $8,760.00 and also authorized the Mayor and City Manager to execute an agreement for servi~ces. Licenses The Council approved the license applications as listed upon payment of proper fees and waived the fees as indicated. Regular Council Meeting August 22, 1988 page 5 Payment of Bills The Council authorized the payment of bills as listed out of proper funds. 4. Approval of Consent A~end? Motion by Paulson, second by Peterson to approve the consent agenda as presented. Roll call: All ayes 5. Open Mike There was no one present for Open Mike. 6. Ordinances and Resolutions a. First Reading of Ordinance No. ll70; Being an Ordinance Amending Ordinance No. 853, City Code of 1977, Pertaining to Signs Motion by Petkoff, second by Peterson to waive the reading of Ordinance No. 1170 there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 1170 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO SIGNS The City of Columbia Heights does ordain: Section !: Section 9.117(8)(b)(i) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, as amended by Ordinance No. 1137 on April 25, 1988, which reads as follows, to wit: (i) Any number of wall signs on any side of a building which faces a public street, not to exceed fifty (50) square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Shall hereafter read as follows; (i) Any number of wall signs on any side of a building not to exceed fifty (50) square feet of total surface area for all sign sur-. faces and limited to one surface per sign. Provided, however, that if a parcel of land on which a building is located directly abuts residentially zoned land, no wall sign may be located on the side of the building that faces the abutting residential parcel. Section 2: Section 9.117A(9)(i) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, as amended by Ordinance No.. 1137 on April 25, 1988, which reads as follows, to wit: (i) Any number of wall signs on any side of a building WhiCh faces a public street, not to exceed one hundred (100) square feet .of total surface area for all wall sign surfaces and limited to one surface per sign. Shall hereafter read as follows: Regular Council Meeting August 22, 1988 page 6 (i) Any number of wall signs on any side of a building not to exceed one hundred (100) square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Provided, however, that if a parcel of land on which a building is located directly abuts residentially zoned land, no wall sign may be located on the side of the building that faces the abutting residential parcel. Section 3: Section 9.117A(lO)(b)(i) of Or~dinance No. 853, City Code of 1977, passed June 21, 1977, as amended by Ordinance No. 1137 on April 25, 1988, which reads as follows, to wit: (i) Any number of wall signs on any side of a building which faces a public street, not to exceed one hundred (100) square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Shall hereafter read as follows: (i) Any number of wall signs on any side of a building not to exceed one hundred (100) square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Provided, however, that if a parcel of land on which a building is located directly abuts residentially zoned land, no wall sign may be located on the side of the buildino that faces the abutting residential parcel. Section 4: Section 9.117A(ll)(b)(i) of Ordinance No.~ 853, City Code of 1977, passed June 21, 1977, as amended by Ordinance No. 1137 on April 25, 1988, which reads as follows, to wit: Any number of wall signs on any side of a building which faces a public street, not to exceed one hundred (100) square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Shall hereafter read as follows: (i) Any number of wall signs on any side of a building not to exceed one hundred (100) square feet of total surface area for all wall' sign surfaces and limited to one surface per sign. Provided, however, that if a parcel of land on which a building is located directly abuts residentially zoned land, no wall sign may be located on the side of the building that faces the abutting residential parcel. Section 5: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: August 22, 1988 Second Reading of Ordinance No. 1170 Motion by Petkoff, second by Paulson to schedule a second reading of Ordi- nance 1170, being an ordinance amending Ordinance No. 853, City Code of Regular Council Meeting August 22, 1988 page 7 1977, pertaining to signs for September 12, 1988. Roll call: All ayes b. Resolution No. 88-54; Being a Resolution Authorizing the Seeking of a Variance from the Minnesota Department of Transportation Regarding 44th Avenue Overlay Motion by Carlson, second by Peterson to waive the reading of the ~solution there being ample copies available to the public. Roll call: All ayes RESOLUTION NO. 88-54 SUBMITTAL OF VARIANCE REQUEST Directing the City Engineer to proceed with the submittal of a variance request to the Commissioner of Transportation for 44th Avenue N.E. from 760' east of TH 65 to McLeod Street N.E. WHEREAS, the City wishes to overlay 44th Avenue N.E. from TH 65 to Reservoir BOulevard N.E. and whereas, the existing ROW width from 760' east of TH 65 to McLeod Street N.E. is 50 feet; and WHEREAS, the Minnesota Department of Transportation Rule 8820.2500 requires that State Aid Streets have a ROW width of 60 feet; and WHEREAS, State Aid Rules provide that a political subdivision may request a variance from these rules; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights: That the City Engineer be directed to submit to the Commissioner of Trans- portation a formal request for variance from adopted Rule 8820.2500 to permit the overlay of 44th Avenue N.E. from 760' east of TH 65 to McLeod Street N.E. with a ROW width of 50 feet. Dated this 22nd day of August, 1988. Offered by: Carlson Seconded by: Peterson Roll call: Ali ayes Mayor Dale V. Hadtrath Jo-Anne Student, Council Secretary ATTEST: I hereby certify that the aforegoing resolution is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Columbia Heights, at a duly authorized meeting thereof held on the 22nd day of August, 1988 as shown by the minutes of said meeting in my possession. William J. Elrite Finance Director/City Clerk/Treasurer Regular Council Meeting August 22, 1988 page 8 c. Resolution No. 88-55; Being a Resolution Removing 38th Place From the Sealcoating Assessment Roll Motion by Petkoff, second by Carlson to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION NO. 88-55 BEING A RESOLUTION CANCELLING IMPROVEMENTS WHEREAS, the property known and described as: the properties adjacent to 38th Place N.E. were assessed as part of Local Improvement No. 826 - Project #8800; and WHEREAS, the street is only gravel, it should be removed from the sealcoat roll NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, that the City Clerk is hereby authorized and directed to strike from Local Improvement No. 826 - Project #8800, the street known as 38th Place. Passed this 22nd day of August, 1988. Offered by: Carlson Seconded by: Petkoff Roll call: All ayes Jo-Anne Student, Council Secretary Mayor Dale V. Hadtrath d. First Reading of Ordinance No. ll71; Being an Ordinance Vacating an Easement Motion by Carlson, second by Paulson to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. ll71 BEING AN ORDINANCE VACATIriG AN EASEMENT The City of Columbia Heights does ordain: Section l: That part of a utility and drainage easement lying within Lot 1 and the northerly 50 feet of Lot 2, Block 1, North- western Addition, Anoka County, Minnesota, described as 5 feet north and 5 feet south of a line beginning 244.56 feet west of the south east corner of said LOt 2 thence proceeding along a bearing of N 45° 47' ll"E a distance of 195.13 feet, thence proceeding along a bearing of N 36° 43' 07"E a distance of 175.10 feet to the east pro- perty line of said Lot 1 is hereby vacated. Regular Council Meeting August 22, 1988 page 9 Section 2: This ordinance shall be in full force and effect from and after thirty (30)days after its passage. First reading: August 22, 1988 Second reading of Ordinance No. ll71 Motion by Carlson, second by Paulson to schedule a second reading of Ordinance No. llT1, being an ordinance vacating an easement for September 12, 1988. Roll call: All ayes 7. Communications Setback Variance - Vernon & Shirley Moore, 2235 Chalet Drive This request is for a front yard setback variance of 4'2" to allow the installation of a 5'4" addition to the existing open porch and enclose it for a three-season porch. Motion by Paulson, second by Petkoff to approve the request of Vernon and Shirley Moore for a 4'2" front yard setback variance as it would not adversely affect the adjoining properties and based on the hard- ship of the topography of the lot. Roll call: All ayes 8. Old Business Street Closing for Fireworks The Fourth of July:fireworks were rescheduled for September 10th to culminate the Downtown Business.Fair. Motion by Peterson, second by Hadtrath to close 39th Avenue between Jefferson and Fifth Street from 6:00 - 9:00 p.m. and that no parking be permitted on said street from 1:00 - 9:00 p.m. on Saturday, Sep, tember 10, 1988. Roll call: All ayes 9. New Business a. Employee Wage Adjustment Motion by Peterson, second by Paulson that Randy Bartlett be paid at the Police Officer contract rate of twelve months of service, which is $2,202 per month, effective August 29, 1988. Roll call: All ayes b. Award of Bid - Replacement of Underground Waste Oil Tank Motion by Carlson, second by Paulson to award the supply and installation of a new 2,000 gallon fibergless tank for waste oil at the Municipal Service Center to Zahl Equipment Company for $9,071 based upon their low formal quotation; and, that the Mayor and City Manager be authorized to execute a contract for such; and furthermore, a transfer of $4,071 be authorized from Unreserved Retained Earnings for the Central Garage Fund to Line Item #701-49950-5130. Roll call: All ayes c. Schools and Conferences The City Manager noted that this item should have been on the consent agenda. The Council approved the attendance of Gayle Prest, Recycling Coordinator, at the Seventh National Recycling Congress to be held September 27 - 30, 1988, in St. Paul, Minnesota and that related expenses be reimbursed. Regular Council Meeting August 22, 1988 page l0 10. Reports a. Report of the City Manager The City Manager's report was submitted in writing add the following items were discussed. AFSCME Lawsuit Against the City: The City Manager noted that this lawsuit had been dismissed. Northern Mayors Association Meeting: The City Manager reminded the Councilmembers of the Northern Mayors Association meeting on Wed- nesday, August 24th at the Brooklyn Center City Hall and indicated that the business of this meeting is very important. Cable Company Performance Bond: The City Manager advised the Council that a response was received from the State today regarding the cable company's performance bond and additional information will be forthcoming. Also, a drawdown is being pursued. b. Report of the City Attorney The City Attorney had nothing to report at this time. Councilmember Petkoff inquired why the goldenrod-colored paper is still being used in the council agenda as it is not recyclable. The City Manager will pursue changing this in the procedures manual. Adjournment Motion by Peterson, second by Carlson to adjourn the meeting at 8:20 p.m.. Roll call: All ayes /~-Anne Student, Council Secretary Mayor Dale V. Hadtrath