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