HomeMy WebLinkAboutJune 11, 1990OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL HEETING
JUNE ll, 1990
The meeting was called to order by Mayor Carlson at 7:00 p.m..
1. ROLL CALL
Nawrocki, Clerkin, Ruettimann, Peterson, Carlson - present
2. PLEDGE OF ALLEGIANCE
3. CONSENT AGENDA
The following items were on the Consent Agenda:
The Council approved the minutes of the Regular City Council Meeting of May
29, 1990 and the minutes of the Public Improvement Hearing of June 4, 1990
as presented and there were no corrections.
Lotsplit Request - Hunziker, 4259 Arthur Street - Resolution No. 90-30
The Planning and Zoning Commission recommended approval of the lotsplit request.
The reading of the resolution was waived.
RESOLUTION NO. 90-30
Subdivision Request
I, Joseph Hunziker, hereby request a split of PIN 36 30 24 14 0010 legally
described as
All of Lot Two (2) except the south one hundred fifty (150') feet thereof
Block Two (2), Auditor's Subdivision of Walton's Sunny Acres 4th Anoka
County, Minnesota.
THE DESCRIPTION HENCEFORTH TO BE:
A. All of Lot 2, Block 2, Auditor's Subdivision of Walton's Sunny Acres 4th
Addition, A~oka County, Minnesota, lying north of the south 214.3 feet.
B. The north 64.3 feet of the south 214.3 feet of Lot 2, Block 2, Auditor's
Subdivision of Walton's Sunny Acres 4th Addition, Anoka County, Minnesota.
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 & ZONING DEPT. ACTION
Recommended approval
" .... ~.. - Council Meeting
..... "!, ~990
This 5th day of June, 1990.
Offered by: Markow
Seconded by: Ryan
Roll call: All ayes
LeRoy Goranson
Zoning Officer
CITY COUNCIL ACTION
Approved
(si~l) Joseph Hunziker
Signature of Owner, notarized
4259 Arthur Street
Owner's address
Telephone No. 788-2845
SUBSCRIBED AND SWORN TO BEFORE ME
this 17th day of May, 1990.
Dorothy Junker, si~
Notary Public
This llth day of June, 1990.
Offered by: Nawrocki
Seconded by: Clerkin
Roll call: All ayes
Edward M. Carlson, Mayor
Jo-Ann e Student
Council Secretary
Fee: $tO.00 Date Paid: 5-16-90
Receipt No. 0044
Request for Rezonin~ from R3 to R2 - 38th Avenue N.E.
The Council officially accepted the petition and referral of same to the Planning
and Zoning Commission for action in accordance with the Zoning Ordinance.
The petition is requesting rezoning from R3 (Multi-Family Residence District) to
R2 (Two Family Residential District) of the currently R3 zoned area on 37th and
38th Avenues from Madison Place west to the end of the R3 zone.
Request to Consume Beer on Park Property
The Council authorized the consumption of 3.2 beer at Sullivan Lake Park
on June 22, 1990 from 4:00 p.m. - 9:00 p.m. in conjunction with a family
reunion of Mrs. Edward Hill.
Ratify Action Grantin.~ Approval of Temporary Signs and Banners for Grand Opening
The Council ratified the action of the Mayor and City Council in approving tem-
porary signage at Grocery Hut, Inc. at 4901 University Avenue from June 8 -12,
1990 subject to a $100 deposit to assure the removal of the temporary signage
by June 13, 1990.
Request for Te.m. iPorary Si~na~e at Little Caesars
Tl,c C~'~cil approved a rooftop balloon as temporary signage at 4353 Central Avenue
from dune 22 through june 26, 1990, subject to a $100 deposit to assure the removal
of the temporary signage by June 27, 1990.
Request for Temporar% Si~na~e by LaCasita
The Council apProved a 4' x 8' illuminated letter board as temporary signage
at 5085 Central Avenue for the period of June 25 - 29, 1990, subject to a $100
deposit being submitted to the City of Columbia Heights to assure removal of
the signage by June 30, 1990.
Regular Council Meeting
June ll, 1990
page 3
Request to Erect Canopy at the Columbia Heights Mall
The Council approved the installation of a 40' x 80' canopy on the Columbia
Heights Mall parking lot at 40th and Central Avenue subject to a $100 deposit
being submitted to the City of Columbia Heights to assure removal by June 17,
1990.
Replacement of Stolen Trailer
The Council authorized the purchase of one Palm Industries Inc. T-6 Tow-Master
trailer from Larson Implement Company of Northfield, Minnesota for an amount
of $2,060 and that a claim be made against the insurance company for the unit,
and that the funding for this purchase come from 884-43121, and that the Mayor
and City Manager be authorized to enter into an agreement for the same.
Request for Subsidy to Anoka County Mediation Services
The Council authorized the subsidy of $1,360. to Mediation Services for Anoka
County for 1990, such monies to come from the Mayor-Council budget.
License Applications
The Council approved the license app]ications as presented upon payment of proper
fees.
Pa.%ment of Bills
The Council approved the payment of bills out of proper funds.
4. APPROVAL OF CONSENT AGENDA
Motion by Nawrocki, second by Clerkin to approve the Consent Agenda as presented.
Roll call: All ayes
5. OPEN MIKE/PROCLAMATIONS/PRESENTATIONS
Mayor Carlson presented a plaque to Anthony Maciaszek who was selected as the
Humanitarian of the Year.
Commissioner Jim Kordiak advised the Council of a new program being started in
Anoka County which will be known as the Anoka County Traveler, a County trans-
portation program. This program should be activated within a month, but the
Commissioner noted that the cities of Columbia Heights and Fridley are not
presently included in the program. He anticipates they will eventually be
included and is working toward that end. This is an eighteen month pilot program
which will be funded by the Reglonal Transit Board (80%) and Anoka County (20%).
The vehicles being used in the program will be handicapped accessible.
Motion by Nawrocki, second by Ruettimann that the Columbia Heights City Council
go on record supporting Commissioner Kordiak to extend this service to be im-
plemented in the southern portion of Anoka County. Roll call: All ayes
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
a. Consideration of Proposed Settlement Agreement and Proposed First Reading of
Ordinance No. 1202; Being an Ordinance Amending Ordinance No. 853, City Code of
1977, Renewing the Franchise for a Term of Fifteen Years and Altering Certain
Franchise Requirements
Tom Creighton, the City's cable counsel, reviewed all of the items in the
Settlement Agreement and its summary.
Regular Council Meeting
J~ne Il, 1990
page 4
He briefly discussed the status of the negotiations with North Central Cable
TV and addressed the topics in dispute. Councilmember Nawrocki noted that at
the present time Congress is dealing with cable regulations and he inquired if
any of the requests being made for Council action could possibly be negated by
what Congress is considering. Creighton observed he is not aware that any of
the items being considered are also under consideration by Congress. It was noted
that the studio in Columbia Heights must remain open for the term of the franchise
which is fifteen years.
Motion by Peterson, second by Ruettimann that the Mayor and City Manager be
authorized to enter into the Proposed Settlement Agreement and Release between
the City of Columbia Heights and Cable TV North Central. Roll call~ All ayes
Motion by Peterson, second by Clerkin to waive the reading of the ordinance
there being ample copies available to the public. Roll call: All ayes
ORDINANCE NO. 1202
AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, TO RENEW THE FRANCHISE FOR A TERM
OF FIFTEEN (15) YEARS AND ALTERING CERTAIN FRANCHISE REQUIREMENTS
THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, DOES ORDAIN:
SECTION 1. That Section 11.103(2) of the Code is amended as follows:
ll. ]O3 (2) Duration
The franchise shall commence on the effective date of this ordinance
and shall continue for a period through and including November 9, 2006,
~f ~ ~YJ unless sooner terminated as provided in this code.
SECTION 2. That Section 11.103(3) is amended as follows:
11.103(3) Non-Exclusive Grant
Nothing in this ordinance shall affect the right of the City to grant
to any other person a franchise or right to occupy and use the streets
or any part thereof for the construction, operation and maintenance
of a System within the City, subject to State and Federal law. The
Grantee shall not take a legal position contesting, or otherwise contest
in any manner, the City's right or decision to grant such other fran-
chise or to authorize such use of the streets or any part thereof.
Nothing contained in the subdivision shall prohibit the Grantee from
appearing and being heard on any application for the grant of such
franchise or right.
SECTION 3. That Section !1.103(5) is amended as follows:
11. 103(5) Written Notice
All notices, reports and demands required to be in writing pursuant
to this Franchise shall be deemed to be given when delivered personally
to any office of Grantee or the City Manager of Columbia Heights or
forty-eight (48) hours after it is deposited in the U.S. Mail as
registered or certified mail, addressed to the party to which notice
is being given, as follows:
: .....¢ ~.~' ~ouncil Meeting
¢¢~¢ Ii.. ~990
oege 5
If to City:
City Manager
City of Columbia Heights
590 4Oth Avenue N.E.
Columbia Heights, Mn. 55421
If to Grantee:
Cable T.V. North Central
934 Woodhill Drive
Roseville, Mn. 55113
Attentlo.g: Vice ~resident and General Manager
SECTION 4. That Section ll.103(15)(C) is amended as follows:
(c)
Grantee may apply for renewal of this franchise by making application to do
so not later than twelve months prior to the expiration of the franchise.
Said application shall beton forms provided by the City. if application
for renewal is not made as herein set forth the franchise shall termi-
nate at the end of the franchise period. Any renewal of the franchise
shall not be for more than 15 ~ years.
SECTION 5. That Section Il.105(1), as amended, is amended as follows:
11.105(1) System Design
(a) The Grantee shall provide a system serviced by headend in the City of
Roseville feeding a single-cable subscriber network and a separate
mid-split institutional network. Both networks shall utilize 440
~ MHz equipment, fully activated for two-way transmission.
The extension from the headend in Roseville shall utilize fiber optic
f$$$/t~J~J~/F~ technology, construction of which shall be commenced
on or before June 1, 1991, and completed no later than November l,
1992. ~/~~/~/~'~/~/~/~/~/~/~/~
The headend used to service City shall be constructed, operated and
maintained with the following equipment:
Scientific-Atlantic Model
6650 Video Receivers
Scientific-Atlantic Model
6350 Modulators
Scientific-Atlantic Model
6150 and 6105PL Signal Processors
RCA CTM20 Model Modulators
ONAN Standby/Emergency Generator
Regular Council Meeting
June 11, 1990
page 6
(bi On or before November. l, 2001, the Grantee shall have completed the
refurbishin~ of the cable trunk distribution system to the best
available technology which is economically and technically feasible
at the time of the commencement of construction. On or after January
1, 1996, the City may require Grantee to provide a preliminary report
on the best available technology which is economically and technically
feasible which Grantee may use to refurbish the cable distribution
system in the future. On or after January 1, 1998, the City may require
the Grantee to provide a report of the best available technology which
is economically and technically feasible which Grantee intends to
use to refurbish the cable trunk distribution system within the City.
SECTION 6. That Section ll.)05(181 is amended as follows:
Il.lO5(18) Channel Capacity
The Grantee shall construct the subscriber network so that 58 ~Z
downstream channels and the equivalent of 4 upstream channels are
I~]~II~ activated upon the effective date of this amendment to the
Code.
SECTION 7. That Section ll.106(l)(A) is amended as follows:
11.106(~)
SECTION 8.
Minimum Channel Services
(Al Local Origination
The Grantee shall cablecast a minimum of 40 hours per week of
programming, of which at least 20 hours per week shall be pro-
duced locally, ~/~/~/~/~//~/~/~/~~/~/~
~/~. The Grantee shall provide two full-time staff members
for its local origination .effort, and will provide a two-camera
color studio with editing facility, ~/~/~/~/~, and
a master control facility. All faclities will be available for
access at times determined in the operating rules to be deve-
loped by Grantee and the City or its designate.
~ll~l~Bl~ll~l~~I~11~l~l~l~l~11~ll~t~
That Section 11.106 is amended by adding the following new sub-
divisions:
)l.106(41
Stereo on Channels
Grantee will commence the introduction of MTS stereo service on those
video services capable of stereo transmission to the subscribers' t.v.
sets for those subscribers' t.v. sets capable of receiving such service
on or before July 1, 1991. On or before July 1, 1993, Grantee shall
provide MTS stereo service on all such services capable of trans-
mitring in stereo.
Regular Council Meeting
.J'dne I 1 , 1 990
page 7
11.106(5) Automatic Audio Volume Control
Grantee will commence the provision of automatic audio control of
all video pro,ram channels on or before December l, 1991.
SECTION 9. That Section Il.lO7 is amended as follows:
11.107
Video Production Facilities, Staff and Budgets for Access Programming
Minimum Facilities
The Grantee shall make readily available for public use at the least
the minimal equipment necessary for the production of programming and
playback of prerecorded programs for the specially designed non-
commercial public access channel. The Grantee shall also make readily
available, upon need being shown, the minimum equipment necessary
to make it possible to record programs at remote locations with
battery operated portable equipment. Grantee shall provide local
pro~rammin9 equipment and facilities set forth in Exhibit B. Need
shall be determined by subscriber petition. The petition must contain
the signature of at least l0 percent of the subscribers of the system,
but in no case more than 500 nor fewer than 100 signatures.
The Grantee shall make available to access users the two-camera color
studio with editing facility, ~/J~½~/~ ~ and the master
control as described in Section ll.106(1)(A) at times determined in
the operating rules to be developed by the Grantee and the City or
its designate. ~/~~/~~/~/~~/~/~~/~$~
~/~/~/~/~/~/~/~/~/~/~~/~/~/~.
Notwithstanding anything to the contrary, Grantee shall be responsible,
at its own expense, for maintaining, repairing, adjusting and replacing
all ~/~~/~/~~/~ equipment as set forth in
ExhibFt B, or any replacements thereto added by Grantee, provided by
Grantee to ensure that it is kept in good workin9 order. Capital
expenditures of no less than $70,000 for replacement local programming
equipment shall be made during the term of this franchise. GCantee is
hereby relieved of the requirement to have a.mobile production van
exclusively for access users in the City. A mobile production van shall
be available, however, for public access uses upon thirty (30) days
advance written request. ~/J~/6~/~E~/~J~/~f~JJ~/~/~f~%6~
~l~l~~l~l~l~l~l~l~/~f~l~~fl~fl~
..... ...=_ ur Council Meeting
-' - :!, !990
SECT ON 10. Section 11.109(4) of the Code is amended as follows:
I I. 109 (4)
Non-Regulated Rates
Prior to ~implementing any rate increase for any service not subject
to local rate regulation, other than pay-per-channel or pay-per-view
channels, Grantee shall give the following notice:
(A) At least forty-five (45) ~l~/~ days advance written notice
to City together with such supporting documentation as Grantee in its
sole discretion determines appropriate;
(B) At least thirty (30) days advance written notice to subscribers
of that service; and
(C) Carriage of an announcement of the rate increase on one channel
twenty-four (24)'hours a day for seven (7) consecutive days. This
announcement may be in the form of a crawl across a portion of the
television picture.
SECTION Il. That Section 11.I13(4), as ameded, is repealed in its entirety and
the following section is adopted:
11 . 113 (4) Bonds
(A)
Grantee shall provide a faithful performance bond running to the City
in the penal sum of $25,000 conditioned upon the faithful performance
of the Grantee of all the terms and conditions of the ordinance and
upon the further condition that in the event the Grantee shall fail
to comply with any law, ordinance, rule or regulation governing the
franchise, there shall be recoverable jointly and severally from
the principal and surety of the bond any damage or loss suffered
by the City as a result, including the full amount of any compen-
sation, indemnification, or cost of removal or abandonment of pro-
percy of the Grantee plus costs and reasonable attorney's fees up
to the full amount of the bond.
(B)
In addition to the bond requirement in (A) above, at such time as the
Grantee commences the rebuild and upgrade pursuant to Section 11.105
(1)(b) of the Code, 'the Grantee shall file with the City a labor and
material bond in the sum of $250,000, guaranteeing payment by the
Grantee of claims, liens, and taxes due to the City which arise by
reason of the rebuild and u.ngrade construction. At such time as
Grantee has accomplished the refurbishing pursuant to Section 11.105
(1)(b), Grantee shall notify the City. Upon receipt of such~notice,
the City shall have ninety (90) days to obtain and neceive a written
report from an independent engineer; provided, however, if the City
fails to receive such a.written report within ninety (90) days, the
construction shall be deemed complete. The Grantee may extinguish
the labor and material bond upon a determination by the City or
under this section of the Code that construction is complete.
(c)
The rights reserved by the City with respect to the bonds are in
addition to all other rights the City may have under this Code or
any other law.
Regular Council Meeting
June 11, 1990
page 9
(D)
(E)
The bonds shall be subject to the approval of the City and shall be
in full force and effect at all times until the Grantee has liquidated
all of its obligatlon with the City.
The bonds shall contain the following endorsement: "It is hereby
understood and agreed that this bond may not be cancelled until
120 days after receipt by the City Manager, by certified mail,
return receipt requested, of a written notice of intent to cancel
or not to renew."
SECTION 12. That Section 11.114(F) is amende as follows:
(F)
Grantee shall maintain the system inconformance with this Code
and all applicable codes
~/~/~~/~~/~/~/1~7~ and shall handle service
complaints consistent with this Code and industry practice ~/~
1~7.
SECTION 13. That Section I1.115(E)(3) is amended as follows:
(3)
The consolidation described in (2) above shall be-re¥iewed by City
upon ~/~~/~/~/~/~/~/~/~/~~:
(cl System-wide outages exceeding twenty-four hours per any twelve
(12) month period, as determined by City.
SECTION 14. That Section Il. Il7(3) is amended as follows:
11.117(3) Grantee Will Not Contest Validity of Franchise
Grantee agrees that it will not set up against City in any claim
or proceeding, except as provided by State or Federal law, any
condition or term of the franchise as unreasonable, arbitrary, void
or that City had no power or authority to. make such term or con~lition
but shall be required to accept the validity of the terms and conditions
of the franchise in their entirety.
SECTION 15. That Section Il.Il8(3) is amended as follows:
11.118(3)
The Franchise ordinance, or any amendments hereto, shall be in full
force and effect thirty-one (31) days after its passage provided
Grantee accepts the Franchise, or any amendments hereto, within thirty
(30) days of passage. Upon acceptance, Grantee. shall be bound by all
of the terms and conditions contained herein. Grantee shall continue
to provide at a minimum all broad., categories of services, facilities,
and equipment on the effective date of this amendment to the Code
except to the extent they are not subject to regulation by the City
under State or Federal law or upon the mutual consent of the City and
Grantee. Grantee shall provide one cable outlet and non-premium monthly
service at no charge to City governmental institutions and educational
institutions. Any additional outlets shall be installed on a "time and
Regular Council Meeting
..June tl, 1990
page ] 0
and materials" basis to be paid by the governmental institutions or
educational institutions. The repeal of Exhibits B-G to the initial
franchise does not constitute a waiver of the rights of either the
City or Grantee. ~F~/~Yl/~J~/~ll/~l~/~/~ll~Fl~
SECTION 16. That Sections 11.102(13), 11.105(9)(D), and Exhibits B-G of the
initial franchise ordinance are repealed in their entirety and the
remaining sections and subsections shall be renumbered.
SECTION 17. This ordinance shall be in full force and effect thirty-one (31)
days after its passage provided Grantee accepts this Ordinance
in form and substance acceptable to City. Upon acceptance, Grantee
shall be bound by all of the terms and conditions contained herein.
First Reading:
June 11, 1990
Motion by Peterson, second by Ruettimann to schedule a second reading of Ordinance
No. 1202; being an ordinance amending Ordinance No. 853, City Code of 1977, renewing
the franchise for a term of fifteen years and altering certain franchise require-
ments for June 25, 1990. Roll call: All ayes
Motion by Nawrocki, second by Peterson to continue the Public Hearing for purpose
of Considering the invocation to North Central Cable Communications of franchise
modification procedures set forth in Section 625 of Cable Communications Policy
Act of 1984 to June 25, 1990. Roll call: All ayes
b. Second Reading of Ordinance No. 1198, Pertaining to the Creation of an "1-2"
Industrial District Which Would Permit Auto Sales Under Certain Conditions
Two alternatives were presented by the City Attorney regarding the property
description to be considered in this ordinance. The City Manager reviewed both
of the alternatives.
Motion to amend the ordinance by Nawrocki, second by Clerkin to substitute the
property description in Alternative #2 for the property description in Section 2
of the ordinance.
Councilmember Nawrocki felt this substited description would give the property
owners adjacent to the property more protection. Councilmember Peterson felt
this substitution constituted spot zoning and would make the Council vulnerable
to legal problems in the future. He also noted this is the opposite of what is
being recommended by staff and the Planning and Zoning Commission's recommendation.
Council Meeting
990
Roll call on amendment: Nawrocki, Clerkin, Carlson- aye
Ruettimann, Peterson - nay
Motion by Nawrocki, second by Peterson to waive the reading of the ordinance there
being ample copies available to the public. Roll call: All ayes
ORDINANCE NO. 1198
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO
CREATION OF AN "1-2" INDUSTRICAL DISTRICT WHICH WOULD PERMIT AUTO SALES UNDER
CERTAIN CONDITIONS
The City of Columbia Heights does ordain:
Section 1:
Section 15A of Ordinance No. 853, City Code of 1977, passed June
21, 1977, which is currently reserved, is herewith amended to here-
after read as follows, to wit:
9.115A (1)
Section 15A "1-2" Industrial District
Permitted Principal Uses
Within the 1'l-2" Industrial District no structure or land shall be
used except for one (1) or more of the uses permitted in ~9.115(1)
and as regulated therein.
9.115A (2) Conditional Accessory Uses
Within any "1-2" Industrial District no structure or land shall be
used for the following uses except by conditional use permit.
(a) Those uses set forth in ~9.115(2) and as regulated therein
(b) Auto sales, subject to the following conditions:
(i)
(ii)
(ii)
(v)
(vi)
(vii)
(viii)
The use of the property for auto sales must be accessory
only to auto repair or auto reduction yards.
The permitted and accessory uses must be on a site plan
approved by the Planning and Zoning Commission or by
the City Council.
An open auto sales lot must comply with the provisions of
~9.116(14).
All autos presented for sale must be parked on an impermeable
to oil and water surface in. good repair, such as asphalt or
concrete and on parking spaces no smaller than twenty (20)
feet in length by ten feet (10) in width.
No more than fifteen (15) cars may be available for sale
at any given time.
All cars offered for sale must be stored within a securely
fenced area.
Ali customer and employee parking must be located on a parking
lot with a surface impermeable to oil and water, such as
asphalt or concrete. Said surface must be maintained in a
condition of good repair.
All land on which vehicles to be repaired, stored, stripped,
or reduced shall be covered with an impermeable to water or
Regular Council Meeting
June ll, 1990
page 12
oil surface, such as asphalt or concrete. Said surface
shall be maintained in a condition of good repair.
9.115A (3) Permitted Accessory Uses, Lot Area, Height, Lot Width, and Yard
Requirements
Permitted accessory uses, lot area, height, lot width, and yard
requirements shall be as set forth in ~9.115(3) and ~9.115(4) and
as regulated therein.
Section 2:
That property which is bounded by 38th Place on the South, Madison
Place and defferson Street on the West, Railroad right-of-way
immediately north of 39th Avenue on the North, and Quincy Street
on the East, except Lots 1 - 8, inclusive, Block 68, Columbia
Heights Annex to Minneapolis, which is currently zoned "l" shall
hereafter be zoned "1-2". The Official Zoning Map is herewith
amended to reflect the said change pursuant to this ordinance.
Section 3: This ordinance shall be in full force and effect from and after
thirty (30) days after its passage.
First reading:
Second reading:
Date of passage:
May 14, 1990
June 11, 1990
June Il, 1990
Offered by:
Seconded by:
Roll call:
Nawrocki
Clerkin
Nawrocki, Clerkin, Carlson - aye
Ruettimann, Peterson - nay
Mayor Edward M. Carlson
Jo-Anne Student, Council Secretary
c. Second Reading of Ordinance No. 1200; Being an Ordinance Authorizing Issuance
of up to $2,400,000 Original Principal Amount of General Obligation Tax Increment
Capital Appreciation Bonds of 1990, Series A
Motion by Ruettimann, second by Nawrocki to waive the reading of the ordinance
there being ample copies available to the public. Roll call: All ayes
ORDINANCE NO. 1200
AUTHORIZING ISSUANCE OF UP TO $2,400,000 ORIGINAL PRINCIPAL AMOUNT OF GENERAL
OBLIGATION TAX INCREMENT CAPITAL APPRECIATION BONDS OF 1990 SERIES A
The City of Columbia Heights does ordain:
1. Bond Purpose and Authorization Sale.
a. Pursuant to the provisions of Minnesota Statutes, Section 469.174 through
469.179 and Chapter 475, the City of Columbia Heights (the "City") is autho-
rized to issue general obligation tax increment bonds for the purpose of
financing public redevelopment costs of the redevelopment project established
by the Housing and Redevelopment Authority in and for the City of Columbia
Heights, Minnesota ( the "HRA" ), designated as the Downtown C.B.D.
I~.egular Council Meeting
..lu,e 11, 1990
page 13
Revitalization Project (the "Project") including refunding bonds previously
issued by the HRA for such purpose.
b. It is hereby found, determined and declared that the financing of certain
public redevelopment costs of the Project, comprising specifically the con-
struction of a senior housing project to be owned and operated by the HRA,
is necessary and desirable and in the best interest of the publ. ic health
and welfare, and that the City should issue, and the City hereby authorizes
and directs the issuance and sale of, its General Obligation Tax ~lncrement
Capital Appreciation Bonds of 1990, Series A in the original principal amount
of up to $2,400,000 (the "Bonds").
2. Sale. This City Council (the "Council") shall meet at the time and place
specified in the form 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 Bonds.
3. Notice of Bond Sale. The Counci~ hereby authorizes and directs the City Manager
or his designee to cause to be published the notice of advertisement for sealed
bids for the Bonds in the official newspaper of the City, and in Northwestern
Financial Review, 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 Bonds, and the Council hereby authorizes
the incorporation of such terms and conditions in the material to be distributed
to prospective bidders for the Bond.
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 thirty (30)
days after its passage.
First reading:
Second reading:
Offered by:
Seconded by:
Roll call:
Date of passage:
May 29, 19~O
June 11, 1990
Ruettlmann
Nawrocki
All ayes
June 11, 1990
Mayor Edward M. Carlson
Jo-Anne Student, Council Secretary
ATTEST:
City Clerk-Treasurer
d. Resolution Delegating Authority to Approve Licenses for All Qualified Applicants
to the Administrative Service
~,- ,~r Council Meeting
~,,~ ~1 !990
~aoe j4
Councilmember Nawrocki felt thls resolution addressed more than had been requested.
Motion by Nawrocki, second by Ruettimann to table this item for discussion at a
Coa,'.c]l work session. Roll call: All ayes
7. COMMUNICATIONS
a. Planning and Zoning Commission
1. Conditional Use Permit, Elim Transitional Housing, Inc., Immaculate Conception
Church, 4030 Jackson Street
Motion by Nawrocki, second by Ruettimann to approve a Conditional Use Penmit
as recommended by the Planning and Zoning Commlssion for a traditional housing
facility for women and children at 4044 Jackson Street, subject to:
a) All building code requirements being met, prior to occupancy;
b) A maximum of twelve adults and no more than fifteen total residents; and
c) Twelve parking spaces being designated and marked for the transitional
housing facility.
Roll call: A]I ayes
2. Lotsplit Request, Helen Gallus, 4025 Stinson Boulevard
The Building Inspector reviewed what had transpired at the Planning and Zoning
Commission meeting when this request had been presented. He noted that the Com-
mission forwarded the request to the Council without a recommendation.
An attorney representing Other property owners in this area presented a letter
from the residents stating their opposition to the lotsplit being granted.
He referred to the intent of the ordinance governing lotsplits which required
an orderly zoning. It was his opinion that this lotsplit would not contribute
to an orderly procedure. Other residents stated they felt this lotsplit would
diminish the value of their property, there would be undue concentration of
buildings if the second lot were developed, and that the intent of the ordinance
would not be met. The City Attorney cautioned that any denial must be based on
a finding of fact.
Counciimember Nawrocki felt the Council needed more time to prepare and review
before a decision could be made.
Motion by Nawrocki, second by Clerkin to table this matter until the next regular
Council meeting. Roll call: Nawrocki, Clerkin, Peterson, Carlson - aye Ruettimann -
nay
RECESS: 9:40 p.m.
RECONVENE: 9:55 p.m.
3. Recommendation to Set Public Hearing Date for Public Improvement on
38th Place
The Building Inspector reviewed the conditions being considered for the re-
construction of 38th Place which will be the topic of the public hearing.
The City Manager advised that the site plan for this project was approved by
the Planning and Zoning Commission. Councilmember Nawrocki felt the site plan
as approved by the Commission is deficient and uses ~ather vague language in what
is being expected from the owner of Invest Cast. He referred to the concerns stated
in a petition received from nearby property owners who are opposed to the opening
Regular Council Meeting
Jt~ne ll, 1990
page 15
of 38th Avenue. Councilmember Peterson advised that any access to 38th Avenue
were eliminated by the Planning and Zoning Commission but that the minutes of
the meeting did not clearly state this.
Some residents of the area expressed their concerns to the Council. The City
Manager recommended that three or four representatives of the neighborhood
meet with the owner of Invest Cast and a member of the City Council. Council-
member Nawrocki inquired if the site plan will be part of the discussion and
negotiations at this meeting. Councilmember Ruettlmann felt this could be a
matter for discussion.
Motion by Nawrocki, second by Carlson that the City Manager be authorized
call for a hearing on the reconstruction of 38th Place to be held at the
regular Council meeting of Monday, July 23, 1990 at 7:00 p.m.. Roll call:
All ayes
This hearing was predicated on Councilmember Ruettimann having met with the
neighbors of Invest Cast and the owner of Invest Cast meeting to discuss the
project and its site plan as well as bringing recommendations from that dis-
cussion to the Council meeting on July 23rd.
b. Traffic Commission
1. Designation of "No Parking Anytime" Traffic Signs
Councilmember Nawrocki inquired as to the purpose of these signs. Mayor Carlson
advised that there are vans frequently parked on both sides of the street and
there have been problems with visibility.
Motion by Carlson, second by Clerkin to authorize the designation of "No Parking
Anytime'' on the east and west sides of Tyler Street for I00' south of the center-
line of 41st Avenue as recommended by the Traffic Commission. Roll call: All
ayes
2. Installation of Stop Signs at the Intersection of 40th Avenue and Polk Street
The City Manager reviewed the issue and what had transpired at the public hearing
held by the Traffic Commission.
Staff had recommended against the stop signs and had recommended the installation
of pedestrian traffic lights. The cost for these lights would be approximately
$50,000 to $60,000 but they would qualify for State Aid funding. Stop signs are
not warranted according to regulations and staff felt the lights would better
serve the situation and be more effective, it was noted that ~peed bumps are
not allowed on State Aid roads.
Motion by Clerkin,-second .by Carlson to approve the installation of four-way
stop signs at the intersection of Polk Street and 40th Avenue as recommended
by the Traffic Commission. Roll call: All ayes
c. Cable Communications Commission Grant Guidelines and Application Form
It was explained that the Council has the final authority to reject a grant
application if it determines in its sole discretion that either the residency
requirement or the noncommercial/nonprofit requirement is not met by any
applicant.
Councilmember Nawrocki inquired if the City of Hilltop has such a fund for this
purpose.
Regular Council Meeting
June ll, 1990
page 16
He was advised that Hilltop contributes a proportionate share baSed on number
of subscribers.
Motion by Nawrocki, second by Ruettimann to approve the Cable Communications
Commission Grant Guidelines and Application Form as recommended by'the Columbia
Heights/Hilltop Cable Communications Commission and that a section be added to
the form that the grants to be considered will not exceed the total of the amount
the City has budgeted. Roll call: All ayes
8. OLD BUSINESS
a. Wargo Court Renovation
Counciimember Nawrocki inquired what the status of the Wargo Court renoVation
is at the present time. He was advised that staff is waiting for one more
quote for replanting of shrubs.
b. Status of Infrastructure
Councilmember Clerkin requested the status of the infrastructure information.
The City Manager advised this will be the first item for discussion on the agenda
of the next Council work session.
9. NEW BUSINESS
a. Award of Street Construction Work
Staff is recommending a change order for Project #9005 which is for the play-
ground area on Circle Terrace. Staff felt the bids on this item were inflated
and that City crews could be the general contractor. The conclusion on the
overall project is September 30th.
Councilmember Nawrocki stated he had understood that this work had not been
authorized by the Council. The City Manager advised it had been authorized
by a previous Council. Councilmember Nawrocki felt sidewalks should have been
considered as a safety issue. A resident of Circle Terrace felt the sidewalks
would 'not provide the safety desired and few of the residents in the area would
be willing to pay.the assessments for sidewalks. Councilmember Nawrocki requested
the City Manager to follow up on obtaining information on sidewalks.
Motion by Peterson, second by Ruettimann to authorize the eward of the 1990
Street Improvements to Midwest Asphalt Corporation of Hopkins, Minnesota for
an amount of $322,623.30 and to authorize the Mayor and City Manager to enter
into an agreement for the same. Roll call: All ayes
Motion by Peterson, second by Ruettimann to authorize Change Order #9005-1
~;;uuncing to a deduct of $39,939.35 and to authorize the Mayor and City Manager
to enter into an agreement for the same and furthermore, to direct the City
Manager to general contract the work for Municipal Project #9005. Roll call:
All ayes
b. Termination of Black Dirt Contract
Staff is recommending that the contract' with Namar, Inc. of Fridley be terminated
based on the material not meeting the specifications and that the contractor be
required to remove the material delivered to the Pub) it Works Department.
The City Manager advised that staff has received verbal information from the
State Labs that the dirt did not meet the specifications prescribed and is
heavily contaminated with bituminous materials.
~ ~ ~ouncii Meeting
J~c !!, !990
p~fje 17
The report from the State Labs is expected in the near future.
The owner of Namar, Inc. refuted the findings of the State Labs and feels
he should have been apprised of this matter.
Motion by Nawrocki, second by Carlson to table this item until the next Council
meeting. Roll call: All ayes
c. [=tab!ish Rates Charged to Residents for Weed Cutting Charges
Mot.ion by Nawrocki, second by Ruettlmann that a rate of $67.00 per hour be
established as a fee for 1990 by the, City for cutting unlawful weeds and
grasses in violation of City ordinances. Roll call: All ayes
d. Authorization to Seek Bids for Watermain Cleaning and Pipe Installatlon
Motion by Nawrocki, second by Carlson to tab]e this item to a work session when
the Council can come to a consensus. Roll call: All ayes
e. Plantings at Silver Lake Boat Landing
Motion by Peterson, second by Ruettimann to authorize the expenditure of $1,220
for three 12-foot Norway pines to replace the existing 6-loot':pines and one
flowering crab from Greernvorks, Inc. of Loretto, Minnesota; and furthermore,
to authorize the transfer of $1,220 from the Unreserved, Undesignated Retained
Earnings of the Sewer Fund for this purpose to Line Item #602-49499-$130; and
furthermore, to authorize the Mayor and City Manager to enter into an agreement
for same. Roll cai1: All ayes
Motion by Peterson, second by Ruettimann to authorize the purchase and instal-
lation of ten #3 lilac, 50 #1 Engleman Ivy, and 20 Siberian Iris from Classlc
Landscaping Design and Construction of Richfield, Minnesota, amounting to
$1,220; and furthermore, to authorize the transfer of $1,220 from the Un-
reserved, Undesignated Retained Earnings of the Sewer Fund to Line Item
#602-49q99-5130; and furthermore, to authorize the Mayor and City Manager
to enter into an agreement for.same. Rol1 call: All ayes
f. Concurrence on Architect Selection for Parkview Villa South
Requests for Proposals were sent to 150 metro area architectural firms.
Motion by Carlson, second by Nawrocki to concur in the HRA Commissioners~
selection of Winsor-Faricy of St. Paul as the architect for the 40 -45
senior housing units to be built on the Parkview Villa Senior Housing site.
Roll call: A11 ayes
g. Establishment of an Economic Development Assistance Program
Motion by Nawrocki, second by Clerkin to direct the City Manager to prepare
a rough draft of an Ecomonic Development Assistance Program, the proposal' be
s~br~itLcd in draft form to the City Council for its final approval, and that
the City Manager be directed to obtain copies of Economic Development Assistance
Programs from other communities. Ro1.1 call: All ayes
h. Other New Business
Councilmember Nawrocki requested additional information on the following items:
1. Water prob,l~ms being experienced at University Heights
2. Increase in rates for dental insurance.
3. The smoking pollcy in City Hall
4. The status of the written denial of HUD for funding of the Downtown Celebrat.ion/
Business Fair.
,,~s .... Council Meeting
:' .... 18
5. Appointment of an Acting City Manager: The City Manager advised that a
previous Council had designated his Assistant as Acting City Manager in
his absence. The present City Council has designated the Police Chief as
the Acting City Manager. In regards to the upcoming League of Minnesota
Cities Conference, the City Manager advised that his Assistant will serve
as Actin!g City Manager on Tuesday and he will be available by phone for
the remainder of the week.
Motion by Nawrocki, second by Ruettimann to appoint.Linda Magee to serve
as Acting City Manager on Tuesday, June 12, 1990. Roll call: All ayes
6. Councilmember Nawrocki had received a newsletter from the City of Oakdale
which included an article explaini'ng the availability of the use of
athletic equipment by residents for personal/family activities. He
suggested this practice could be adopted by the City's Recreation
Department and requested this information be referred to the Recreation
Director.
The Building Inspector advised he has viewed some of the water damage
at University Heights. Water had accumulated inside of the perimeter
of some of the foundations. He stated that the correction work will
be done by Tuesday. Councilmember Nawrocki requested a report on the
matter.
lO. REPORTS
a. Report of the City Manager
The City Manager's report was submitted in written form and the following
items were discussed:
1. Signalization of Intersections Of 37th and 39th Avenues on Stinson Boulevard:
The St. Anthony City Manager has requested this matter be discussed by the
mayors of the two cities. The Public Works Director had previously indicated
that our Council had taken the position that Columbia Heights will not join
in on the project on 37th Avenue if 39th Avenue signalization is not
included in the project.
2. Sale of Wine Coolers: A letter from the City Attorney advised that wine
coolers sold in "3.2" establishments contain less than 3.2% alcohol.
3. Establishing Fees for City Facilities and Services: In response to a Council-
member's inquirey the City Attorney sent a letter regarding the City Council's
power and authority to delegate the establishment of fees or how the Council
can retain that authority. He suggested if the Council chooses to formally
~eL policy this can be included on a Council meeting agenda.
4. Release of Claim: This release addressed a claim agains the City by Doris
and Raynold Bartos. The release was drafted by the City Attorney. The
City Manager will review the release and make appropriate changes.
5. Authorization of a Sunshine Fund: Councilmember Nawrocki requested staff
to do further research on the legality of a.Sunshine Fund.
P. egular Council Meeting
June ~!, 1990
page 1 9
b. Report of the City Attorney
The City Attorney had nothing further to report at this time.
Councilmember Ruettimann requested the following three items be included on
the agenda for the next Council work session: Housing Maintenance Code, appoint-
ments to boards and commissions, and the purchase/rental of a paver.
Councilmember Nawrocki reminded members of the Council of the Mayor's Challenge
Swim-A-Cross for the Anoka County Red Cross and distributed donation envelopes
to them.
ADJOURNMENT
Motion by Nawrocki, second by Carlson to adjourn the meeting at 72:28 a.m..
Roll call: All ayes
Anne Student,~council Secretary
Mayor Edwar~lrM~ ~arlso~ -