HomeMy WebLinkAboutSept 8, 1980REGULAR COUNCIL MEETING
COLUMBIA HEIGHTS CITY COUNCIL
SEPTEMBER $, 1980
-he meeting was called to order by Mayor Nawrocki at 8:00 PM.
· Roll Call: Logacz, Heintz, Norberg, Nawrocki--present
Hentges--absent
2. Invocation was offered by Councilman Norberg
3. Motion by Heintz,second by Logacz to approve the minutes of the meeting of August 25th
of the Columbia Heights City Council as presented in writing, and to waive the reading.
Roll Call: All ayes
4. Oral Petitions--None
Mayor Nawrocki presented Sergeant Roy Hedblad with a plaque for the twenty years service he
has given to the City of Columbia Heights in the Police Department and thanked him on behalf
of the City Council and the community. Sergeant Hedblad spgke to those assembled saying that
he has enjoyed his job on the force and considers Columbia Heights a truly fine place to live,
to rear a family, and to have worked.
Ms. Diane Nelson, Public Relations Director for Triple A, presented a plaque to Mayor
Nawrocki recognizing the City's excellent record in pedestrian safety. The award is being
given because the City has been without a pedestrian fatality for three years. This is the
twelfth award of this nature that the City of Columbia Heights has received.
Councilman Hentges, who was attending a Traffic Commission meeting, arrived at the meeting
F the Council at 8:20 PM.
Continuation of Public Hearing for Backlot Drainage at 1029 42½ Ave. N.E.
The City Manager briefly reviewed the situation. He advised the Council there had been
a meeting between staff and the parties involved and he presented what was hoped to
be a solution acceptable to them all. The amount of work to be done was considerably
decreased, thereby, lowering the costs, which was of much concern to the residents
and the Mayor. The Original estimated costs were $4,356~, and the new estimate is for
$871.
Motion by Hentges,second by Heintz to waive the reading of the resolution there being
ample copies available to the public. Roll Call: All ayes
RESOLUTION NO. 80-51
BEING A RESOLUTION ORDERING IMPROVEMENTS
BE IT HEREBY RESOLVED by the City Council of the City of Columbia
Heights.
WHEREAS, the City Council of the City of Columbia Heights by motion on
the 27th day of I~ay, 1980, ordered notice of · hearing to be given to
property owners, and
~HEREA$, pursuant to a notice of hearing certain residents appeared It
· Council meeting on the 30th day of June, 1980, and the lath day of
July, 1980, end the 25th day of August, and
WHEREAS, the Council determines to proceed with this local improvement,
· portion of the cost being defrayed by specl·l assessments under Charter
provisions.
Council Meeting September 8,1980
page 2
NOW, THEREFORE, IT IS HEREBY RESOLVED:
That the location and extent of such Improvements is IS follows:
Regradlng of lots 11 and 12, Block 3, Reservoir Hills to
alleviate a drainage problem.
2. That the materials to be used are as follows:
Regradinc
That a careful estlmete of the cost of the improvements has been made
by the City Manager and the several lots and parcels of land fronting
upon and adjacent to such proposed Improvements, whlch be deemed
benefitted thereby, were properly notified of said hearings, and
That the City Manager shall also list the names and owners of the
severa) parcels so improved as nearly as can be ascertained.
5. These improvements shall also be known as ~roject No. 763.
Passed this 8th day of
Offered by: Logacz
Seconded by: Heintz
Ro)I Call: All ayes
September , 1950.
Bruce G. Nawrocki, Mayor
Jo-Anne Student,Council Secretarv
5. Resolutions and Ordinances
a. Second Reading of Ordinance # 927 being an ordinance giving preliminary approval to a
project under the municipal industrial act, referring the proposal to the Commissioner
of Securities for approval, and authorizing preparation of necessary documents.
Motion by Norberg,second by Heintz to waive the reading of the ordinance there being ample
copies available to the public. Roll Call: All ayes
Roger Jensen, Director of the HRA, reviewed the aspects of the project. This project is
no,'th of 41st avenue. Jim Ruvelson, the developer, spoke briefly to the project, out-
lining his plans for the building and gave the Council photos of the model of the plan-
ned building and the landscaping.
Ordinance No. 927
BEING AN ORDINANCE GIVING PRELIMINARY
APPROVAL TO A PROJECT UNDER THE MUNICIPAL
INDUSTRIAL DEVELOPMENT ACT, REFERRING THE
PROPOSAL TO THE COMMISSIONER OF SECURITIES
FOR APPROVAL, AND AUTHORIZING PREPARATION
OF NECESSARY DOCUMENTS
The City of Columbia Heights does ordain:
Council Meeting September 8,1980
page 3
1. It is hereby found, determined and declared as follows:
1.1. The welfare of the State of Minnesota requires active promo-
tion, attraction, encouragement and development of economically ~ound
industry and commerce through governmental acts to prevent, so far as
possible, emergence of blighted lands and areas of chronic unemployment,
and it is the policy of the State of Minnesota to facilitate and encourage
action by local government units to prevent the economic deterioration of
such areas to the point where the process can be reversed only by total
redevelopment through the use of local, state and federal funds derived
from taxation, with the attendant necessity of relocating displaced persons
and of duplicating public services in other areas.
1.2. Technological change has caused a shift to a significant degree
in the area of opportunity for educated youth to processing, transporting,
marketing, service and other industries, and unless, existing and related
industries are retained and new industries are develop'ed to use the available
resources of the City of Columbia Heights (the "City"), a large part of the
existing investment of the community and of the state as a whole in
educational and public service facilities will be lost, and the movement of
talented, educated personnel of mature age to areas where .their services
may be effectively used and compensated ant the lessening attraction of
persons and businesses from other areas for purposes of industry, commerce
and tourism will deprive the City and the State of the economic and human
resources needed as a base for providing governmental services and facil-
ities for the remaining population.
1.3. The increase in the amount and cost of governmental services
requires the need for more intensive development and use of land to provide
an adequate tax base to finance these costs.
1.4. Ruvelson & Associates, Inc., or its designee (hereinafter the
"Applicant"), has advised this City Council (the "Council") that it desires to
construct a building and acquire and install equipment therefor for use as an
office building (hereinafter referred to as the "Project").
1.5. The existence of the Project in the City will contribute to more
intensive deveJopment and use of land to increase the tax base of the City
and overlapping taxing authorities and maintain and provide for an increase
in opportunities for employment for residents of the City.
1.6. The City has been advised that conventional, commercial
financing to pay the capital cost of the Project is available at such costs of
borrowing that the economic feasibility of operating the Project would be
significantly reduced, but that with the aid of municipal financing, and its
resulting ]ow borrowing cost, the Project is economically more feasible.
1.7. This Council has been advised by representatives of the Appli-
cant that on the basis of information submitted to them and their discus-
sions with representatives of area financial institutions and potential buyers
of tax-exempt bonds, industrial development revenue bonds of the City
could be issued and sold upon favorable rates and terms to finance the
Project.
Council Meeting
page L
September 8, ISSO
1.8. The City is authorized t)y Minnesota Statutes, Chapter 474, to
issue its revenue bonds to finance the cost, in whole or in part, of the
acquisition, construction, reconstruction, improvement or extension of cap-
ital projects consisting of properties used and usefud in connection with a
revenue producing enterprise, such as that of the Applicant, and the
issuance of such bonds by the City would be a substantial inducement to the
Applicant to construct its facility in the City.
2. On the basis of information given the City to date, it appears that it
would be in the best interest of the City to issue its industrial development revenue
bonds under the provisions of Chapter 474 to finance the Project of the Applicant
at a cost presently estimated not to exceed $1,000,000.
3. The Project above referred to is hereby ~ven preliminary approval by
the City and the issuance of bonds for such purpose and in such amount approved,
subject to approval of the Project by the Commissioner of Securities and to the
mutual agreement of this body, the Applicant and the initial purchasers of the
bonds as to the details of the bond issue and provisions for their payment. In al/
events, it is understood, however, that the bonds of the City' shall not constitute a
charge, lien or encumbrance legal or equitable upon. any property of the City
except the Project and each bond, when, as, and if issued, shal_l recite in substance
that the bond, including interest thereon, is payable sole]y from the revenues
received from the Project and property pledged to the payment thereof, and shall
not constitute a debt of the City.
4. Miller & Schroeder Municipals, Inc. has advised the Council that it
will purchase the bonds in a p:incipal amount not to exceed approximately
$1,000,000 under terms and conditions to be determined by the City, the Applicant
and MiLler & Schroeder Municipals, Inc.
5. In accordance with Minnesota Statutes, Section 474.01, Subdivision
7a, the Mayor of the City is hereby authorized and directed to submit the proposal
for the Project to the Commissioner of Securities for her approval of the Project.
The Mayor, Clerk, Treasurer and other officers, employees and agents of the City
are hereby authorized to provide the Commissioner with any prehminary refor-
mation she may need for this purpose, and the City Attorney is authorized to
initiate and assist in the preparation of such documents as may be appropriate to
the Project, if it is approved by the Commissioner.
6. The law firm of Holmes & Graven, Chartered, is authorized to act as
Bond Counsel and to assist in the preparation and review of necessar~ documents
relating to the Project and bonds issued in connection therewith.
7. This ordinance shall be in full force andafte~reffect from and thirty
(30) days after its passage.
Mayc~'
Council Meeting
page 5
September 8,1980
First Reading:
August Il, 1980
Second Reading:
September 8, 1980
Offered by:
Hentges
Seconded by:
Norberg
Roll Call:
Alt ayes
Date of Passage:
September 8, 1980
(Secretary to'l~e Council
Ruvelson Developers is currently housed in the Downtown' Development area and Mr.
Ruvelson expressed a hope that this project will gain a~proval so the business may
stay there. He feels the type of structure that he is proposing to build will offer
quality office space to its tenants. Councilman Norberg questioned Mr. Ruvelson on the
energy-efficiency aspect of the building. Mr. Ruvelson cited numerous details that
reflected the plans were drawn up with energy-efficiency as an high priority. The
Mayor restated that in the event of default by the developer on the bonds that there
woul0 be no possibility of the City bearing any responsibility. Roger Jensen confirmed
this. The Mayor said this proposed project is an example of the 'halo-effect' that
had been spoken to earlier; that is, a project that borders on the main downtown deve-
lopment project. He was pleased with this development in that it speaks well of the
main development.
Second Reading of Ordinance # 930 being an ordinance amending Ordinance # 853, City
Code of 1977, pertaining to the abolition of the ban on 2:00am to 6:00am parking
from April to November
The City Manager read Ordinance # 939. He advised the Council if this ordinance is to
be placed on the ballot the action should be taken before September 25th. The City
Attorney spoke to four additional ordinances dealing with overnight parking that
were requested by the Council. He explained the basic differences between these
ordinances and the differences from Ordinance # 930. The Council discussed a
number of amendments that could be made to Ordinance # 930. The City Attorney sug-
gested finding appropriate language for phrasing this ordinance with amendments
to be presented on a ballot would be difficult, at best. Points of procedure were
discussed as to how the language of Ordinance # 930 could be amended without making a
major change in its intent, thereby, requiring a first reading of what would be
considered another ordinance. The City Attorney felt this could be attempted if four
of the five circulators of the petition were agreeable to this procedure. All five
circulators were polled and found the language change acceptable.
The City Attorney requested a five-minute recess to discuss the language changes under
consideration with the circulators of the petition.
Motion to amend by Hentges, second by Heintz to add to the end of Section 1, of Ord-
inance # 930 the following language:
"provided, however, that Section 7.205 (13) of this Code be applicable between April
1 of each year and May t of each year, said dates being inclusive, to any subject
vehicle when snow has accumulated to a depth of three and one-half inches or more
within the trave!ed portion of any roadway that lies within six feet of the said
vehicle."
Councilman Norberg felt this proposed amendment would render the ordinance defective
if a second reading were not held and he planned on voting against it. The Mayor re-
quested an opinion from the City Attorney as to the possibility of this happening.
Council Meeting
page 6
September 8,1950
Thc City Attorney assured the Council if the ordinance, as amended, is passed by 'the
Council it would be valid on its face as it is lessening the restrictions of the
ordinance.
Rol1 Call on the Amendment: Logacz, Heintz, Hentges--aye
Norberg, Nawrocki--nay
Motion carries
The Mayor restated his opinion that the subject matter is controversial enough that
the people of the City should have the vote as the petition originally requested.
Councilman Norberg concurred that the matter should be put on the general election
ballot.
Roll Call on Main Motion: Logacz, Heintz, Hentges--aye
r~orberg, Nawrock[--nay
ORDINANCE NO. 930
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY
CODE OF 1977, PERTAINING TO THE ABOLITION OF THE BAN
ON 2:00 O'CLOCK A.M. TO 6:00 O'CLOCK A.M. PARKING
FROM APRIL TO NOVEMBER
The City Council of the City of Columbia Heights does ordain:
Section l: Section 7.205(]4) of Ordinance No. 853, City Code of 1977,
passed June 2], 1977, which reads as follows, to-wit:
"Section 7.205(13) of this Code shall not be effective between
the dates of May 16, 1980, and October 31, 1980, inclusive."
shall hereafter read as follows, to-wit:
"Section 7.205(14) -
Section 7.205(13) of this Code shall not be effective between
the dates of April 1 of each year and October 31 of the same
year, said dates being inclusive; provided, however, that
Section 7.205(13) of this Code shall be applicable between
April 1 of each year and May 1 of each year, said dates being
inclusive, to any subject vehicle when snow has accumulated
to a depth of three and one-half inches (3½") or more within
the traveled portion of any roadway that lies within six feet
(6') of the said vehicle."
Section 2: This Ordinance shall be in full force and effect from and after
thirty (30) days after its passage.
Council Meeting September 8,1980
page 7
First reading:
Second reading:
Date of passage:
Offered by:
Seconded by:
Roll Call:
August 25, 1980
September 8, 1980
September 8, 1980
Heintz
Logacz
Logacz, Heintz, Mentges --Ayes
Norberg, Nawrocki --Nays
Bruce G Nawrock-i, Mayor --
Secr'etary to the Counci)
c. First Reading of Ordinance # 925 being an ordinance amending Ordinance # 853, City
Code of 1977, relating to overtime parking. This ordinance removes the limitations
of five permits per month.
Hotion by Norberg,second by He~ntz that the reading of Ordinance # 928 be waived there
being ample copies available to the public. Roll Call: All ayes
ORDINANCE NO. 928
BEING AN ORDINANCE AMENDING ORDINANCE NO, 853, CITY CODE
OF 1977, RELATING TO OVERTIME PARKING
~'-ne City Council of th~ City of Columbia Heights does ordain:
Section 1: Section 7.205(13)(a) of Ordinance No. 853, City Code of 1977, passed
June 21, 1977, which currently reads as follows, to-~it:
"(a) No more than five (5) such requests in any calendar month
may be made for the same address."
is herewith amended to read as follows, to-~it:
"(a)
NQ perm~.'t shgll be.granted unless the Chief of Police deter-
mznea that the appA~ant cannot park on the property upon
which his residence is located wfthout vfolatfng th~ zoning
laws relating to permitted offstreet parking areas. The
Chief of Police may consult the zoning administrator in makimg
such determ/nation."
Council Meeting
page 8
Section 2:
September 8,1930
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:
9-8-80
Offered by:
Seconded by:
Roll call:
Bruce G, Nawrocki, Mayor
Jo-Anne Student, Council Secretary
The second reading, which will constitute a public hearing on this ordinance, will
be at the next regular Council meeting, September 22, 1980
d. First Reading of Ordinance ~' 929 being an ordinance amending Ordinance # ~3, City Code
of 1°~Jzz, relatin9 to boulevard parking. This ordinance allows boulevard parking and
sets standards of control.
Motion by Fleintz,second by l;orberg to waive the reading of the ordinance there being
ample copies available to the public. Roll Call: Ail ayes
ORDINANCE NO. 929
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE
OF 1977, RELATING TO BOULEVARD PARKING
The City Council of the C~ty of Columbia Heights does ordain:
Sectlon 1: Section 7.202(6) of Ordinance No. 853, City Code of 1977, passed
June 21, 1977, which currently reads as follows, to-wit:
"No person shall park or stand any vehicle on a boulevard or allow
a vehicle to remain on a boulevard within the City, except:
(a) When authorized by the Chief of Police on an emergency basis, or
(b) When permitted by action of the Council during repairs of adja-
cent streets."
is herewith amended to read as follows, to-wit:
"No person shall park or stand any vehicle on a boulevard or allow
a vehicle to remain on a boulevard within the City, except:
(a) When authorized by the Chief of Police on an emergency basis; ~
(b) When perm/tted by action of the Council during repairs of adja-
cent streets;
Council Meeting
page 9
Section 2:
September 8, 1980
(c)
When issued a permit by the Chief of Police. The Chief of Police
may only issue'such permits to applicants meeting the following
conditions:
(i)
The Chief of Police, upon advice of the Zoning Administra-
tor, determines that the applicant cannot park at any other
place on the property on which his residence is located
without violating the zoning laws relating to permitted
offstreet parking;
(ii)
The Chief of Police determ/nes that permitting such parking
will not impede the plowing, removal or storage of any snow,
ice or waste from the public right of way;
(iii) The Chief of Police determines that permitting such parking
will not obstruct the normal flow of pedestrian traffic
from adjoining properties and will not obstruct the delivery
of emergency services to the affected property or any other
property;
(iv)
(v)
(vi)
The permit will only allow the parking of vehicles at such
location as is designed by the Chief of Police;
The permit may be'revoked by the Chief of Police if the Chief
of Police later discovers that the subject vehicle will im-
pede the plowing, storage or removal of snow, ice or waste
from or at the location of the vehicle; provided, however,
that the Chief of Police shall give notice of such revocation
by posting a notice to that effect on the subject vehicle for
not less than two (2) hours;
No permit shall be valid for a period in excess of ten (10)
hours;
(vii) No more than five (5) such requests in any calendar month
may be made for the same address;
(viii) No permit shall be valid unless clearly displayed upon the
permitted vehicle;
(ix)
(x)
No permit shall be issued except between November 1 of any
year and April 15 of the next succeeding year;
Any act of the designated representative of the Chief of Police
shall be construed as the act of the Chief of Police for pur-
poses of this Section 7.202(6).
This Ordinance shall be in full force and effect from and after thirty
(30) days after its passage.
Council Meeting
page I0
September 8, 1980
First reading:
Second reading:
Date of Passage:
9-8-80
Offered by:
Seconded by:
Roll call:
Bruce G. Nawrocki, Mayor
Jo-Anne Student, Council Secretary
The second reading, which will constitute a public hearing on this ordinance, will
be at the next regular Council meeting on September 22, 1980.
e. First Reading of Ordinance ~ 931 being an ordinance amending Ordinance # 853, City
Code of 1777, re]atin9 to boulevard parking. This ordinance is similar to Ordinance
:~ 929 except that it provides an appeal to the City Council.
Councilman Hentges said he would not support this ordinance because the people otF
the City already have the right of appeal to the City Council.
The Council was polled and the majority did not support the first reading.
6. Communications
a. Planning and Zoning Commission Recommendations
1.David Tesmar, 652 N.E. 4Oth avenue, variance
Motion by Hentges,second by Heintz, upon recommendation of the Plannin9 & Zoning
Commission, to 9rant a thirteen-foot variance to David Tesmar, 652 40th avenue,
due to the existing hardshi~ of the narrowness and severe topography of the lot.
Roll Call: Ail ayes
2.Bea Foesch, 4436 Monroe St. N.E., special purpose fence
Motion by Heintz,second by Logacz, upon recommendation of the Planning & Zoning
Commission, to grant permission for the owner of the parcel at 4436 Monroe street
to construct a six and one-half foot high basket-weave privacy fence, forty-five
feet, along the north rear side yard of the property. The neighbor north of this
property spoke in opposition to the construction of this fence. In his opinion this
fence would make snow removal next to his house difficult and it would inhibit air
flow. It was stated by a council member that a second reason mentioned at the Planning
& Zoning meeting for the fence to be constructed is that there is a certain amount
of tension between the two families. Councilman Norberg felt a fence was no way to
solve a problem of neighbors who didn't get along and that it could only serve to
aggravate that problem by causing considerable inconvenience to the neighbor on the
north. Roll Call: Logacz, Heintz, Hentges, Nawrocki--aye Norberg--nay
3.R.J.Haider, 2114 Forest Drive, special purpose fence
Richard Haider, son of the owner of the home at 2114 Forest Drive, told the Council
that his father had two reasons for the request to build this fence. The primary
reason was to put up a divider between two feuding families, secondly, it was hoped
that this fence could absorb some of the noise emitted from the Haider's air condi-
tioning unit. Councilman Heintz felt a problem that should be spoken to before any
Council Meeting September 8, 1930
page ll
fence construction is granted is the one of noise pollution by the air conditioners
of both the parties. The air conditioner of the Haiders has been tested by noise
pollution devices and found to be in violation. Councilman Heintz had requested the
Police Chief to test the air conditioner unit of the neighbor to the north, Mr. Howard
Knight, and bring the results to the Council. I~e felt that both units may be in
violation of the noise ordinance. The Police Chief, at this time, had been unable to
do the test because of strong winds. The Police Chief had sought expert opinions
from people involved in noise pollution regarding how effective this fence may be
in absorbing sound given a certain type of construction material. They advised him the
fence had the potential for solving part of the problem but no guarantees that it
would completely comply with the noise ordinance. Councilman Heintz feels no decision
can be made until both units have been checked for noise levels. The Mayor feels that
the fence would act as a barrier, not as a buffer and that it would simply re-direct
the noise, not absorb it. The Mayor asked for clarification as to why the fence
request was submitted. A~ Carlson, the City Planner, said that the initial request
by the Haiders was for a privacy fence between them and the neighbors. Further dis-
cussions with the neighbors brought forth the issue of' the fence being used to ab-
sorb some of the noise of the air conditioner. The Mayor again stated that the fence
will not reduce the noise, it will merely impact on the fence and will be sent some
place else. The Mayor expressed he was prepared to vote to grant the permit with
the understanding that it was for a privacy fence, not as a solution for the noise
problem.
Motion by Heintz,second by Norberg to table this matter for further consideration
until the next regular meeting.
Roll Call: Heintz, Hentges, Norberg--aye Logacz, Nawrocki--nay
Motion carries.
4. Joseph Lewandowski, 4156 Monroe St.N.E., variance
Motion by Logacz,second by Nentges, upon recommendation from the Planning & Zoning
Commission, to approve the request of Joseph Lewandowski, 4156 Monroe Street for a
variance on the setback of a proposed 22' x 22' detached garage to be constructed
on the property, the approval being ~ased on the existing hardship of the narrow-
ness and severe topography of the lot. Roll Call: All ayes
5. Franchise Associates 1~ ~ .
, ~0.~ S Lilac Drive, Minneapolis--Conditional Use Permit--Site
Plan Approval
A1 Carlson, the ~ity Planner, gave information as to the structure, landscaping, plot
plan and the specifics as to how all of the requirements of the Council and Planning
& Zoning Commission have ~een, or will be, met.
Councilma~ Norberg expressed some concern on two items, access to a public right-
of-way and screening along 47th avenue. Mr. Dick Nowlin, representative of Franchise
Associates, told the Council that before they would agree to the lease with the
owners of the property, Mahlan Construction, a permanent condition was made for
permanent access running with the property which was a requirement before the Council
wo~ld issue the approval of the subdivision. The City Attorney stated that he is
comfortable with the arrangement between Franchise Associates and Mahlan Construction.
Councilman Norberg still expressed a concern, in view of the past experience of the
City with Mahlan Construction, with respect to the landscaping of K-Mart and a number
of other things. The City Attorney stated it was unlikely that Franchise Associates
would enter into a lease unless reportable access was assured. Councilman Norberg again
stated there is still the problem with enforceability. The City Attorney reminded
the Council they will have another opportunity to review the final plan submitted
before final approval is given.
Motion by Logacz,second by ~:eintz to approve a Conditional Use Permit to construct
and operate a restaurant pursuant to the site plan approved by the Planning and
Zoning Commission, September 2, 198~ for the parcel legally described as Lot 1,
~lock 1, Malan Addition. Said Conditional Use Permit sha~l not become effective
until final approval of the Malan Addition plat has been granted by the City Council.
Council Meeting
page 12
S~ptember 8, 1950
Roll Call: Logacz, Heintz, Hentges, Nawrocki--aye Norberg--nay
7.Old and New Business
a. Old Business
Storm Drainage Easement--4437 4th St. N.E.; Property Owned by Mrs. Margaret Miller
The City Manager reviewed what has been done with this situation and presented the
case where it is at between the Miller family and the City Council. Nrs. Miller is
requesting a statement from the City advising a potential buyer that the presence of
the storm drain would not prevent the building of a home 26' wide and 40' in depth
and~in addition~that she be monetarily compensated for the storm drainage easement.
Mr. Jim ~iller, who was speaking for him mother, Margaret, advised the Council of
a letter he had received from the City Attorney after this matter was discussed
with the Council. He felt what this letter was offering on behalf of the City was
not what had been previously agreed upon. He sought legal counsel, who in turn ad-
vised him that matters of this kind not oniy asked for a letter of buildability
but also asked for monetary compensation. That is why his mother is asking for monies
that were not previously named. The City Attorney had advised the attorney for the
Millers that the amount of money being requested was, in his opinion, excessive.
Councilman Norberg felt that this problem could be solved by simply moving the
storm drain now before anything is built on the land.
Motion by Hentges,second by Heintz that the City Attorney and the City Manager
negotiate a price and an agreement with the Nillers for the easement to be brought
back to the Council. Roll Ca]}: Logacz, Heintz, Hentges, Nawrocki--aye Norberg--nay
Recess: 11:40
Reconvene: 11:50
Motio~ by Hentges,second by Fleintz to waive the 11:30 rule of adjournment and to
continue the agenda.
Roll Call: Logacz, Heintz, Hentges, ~awrocki--aye Norberg--nay
Ordinances and Resolutions (cont.)
f. Second Reading of Ordinance # 922 being an ordinance amending Ordinance # 85~, City
Code of 1977, pertaining to the minimum width of required parking spaces.
Motion by Heintz,second by Hentges to waive the reading of Ordinance # 922 there being
ample copies available to the public. Roll Cal~: All ayes
Councilman ~iorberg feels if this ordinance is put in effect it has the potential for
creating congestion where it has been avoided in the past.
ORDINANCE NO. 922
BEING AN ORDINANCE AMENDING ORDINANCE NO, 853, CITY CODE
OF 1977, PERTAINING TO THE MINIMUM WIDTH OF REQUIRED
PARKING SPACES
The City of Columbia Heights Does Ordain:
Section 1: Section 9.116(2)(h) of Ordinance No. 853, City Code of 1977, passed
June 21, 1977, which reads as follows, to-wit:
"Parkin~ Spaces: Each parking space shall be not less than
ten (10} feet wide and twenty (20) feet in length, exclusive
of an adequately designed system of access drives."
is herewith amended to read as follows, to-wit:
Council Meeting
page 13
September 8, 1980
"ParkinK Spaces: Each parking space shall be not less than
nine feet (9') wide and twenty feet (20') in length, exclu-
sive of an adequately designed system of access drives."
Section 2: 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:
7-28-80
9-8-80
9-8-80
Offered by:
Seconded by:
Roll call:
Hentges
Heintz
Logacz, Heintz, Hentges, Nawrocki--aye
Norberg--nay
Bruce G. Na~rocki, Mayor
Joanne Student, Secretary to the Council
g. Second Reading of Ordinance # 923 being an ordinance amending Ordinance # 853, City Code
of 1977, pertaining to the rezoning of certain real estate
Motion by Heintz,second by Hentges to waive the reading of the ordinance there being
ample copies available to the public. Roll Call: All ayes
This ordinance deals with the rezoning of property on 39th and Central Avenues. Coun-
cilman Norberg questioned if this has been authorized by the owners of the property as
this is a case of down-zoning. The City Attorney advised him that one of the owners of
the property had appeared at a Planning & Zoning meeting and expressed no opposition
to the new zoning.
ORDINANCE NO. 923
BEING AN ORDLNANCE AMENDING ORDINANCE NO. 853, CITY CODE
OF 1977, PERTAINING TO THE REZONING OF CERTAIN REAL ESTATE
The City of Columbia Heights does ordain:
Section 1:
Ordinance No. 853, City Code of 1977, passed June 21, 19.77, is herewith
amended to reflect the following change, to-wit:
That certain real property, lying North of 39th Avenue .NE and
East of line 143 feet East of Central Avenue Northeast, described
as that part of Walton's Rearrangement of Lots 33 and 34, Block 6
of Reservoir Hills, according to the recorded map or plat thereof
on file and of record in the Office of the County Recorder tm and
for Anoka County, Minnesota, commencing at the Southeast corner
of Block 4, thence North along the East line of said Block 4 a dis-
tance of 160 feet, thence l~est and'parallel with the South line of
said Block 4 a distance of 285 feet, thence South and parallel to
the East line of said Block 4 a distance of 160 feet, thence East
along the South line of said Block 4 to the point of beginning,
Council Meeting
page 14
September 8, 1980
which is currently zonked "CB])", Central Business District~ ia hmre~ith
rezoned to "R-3", Multiple Fam//y Res-fdence District.
SectLon 2: The Official Zoning Map is herewith amended to reflect the said re-
zoning.
Section 3: Thia Ordinance shall be in full force and effect from and after thirty
(30) days after its passage,
First reading: 7-28-80
Second reading: 9-8-80
Date of passage: 9-8-80
Offered by: Heintz
Seconded by: Hentges
Roll call: All ayes
Bruce G. Nawrocki, Mayor
Joanne Student, Secretary to
the Council
h. Second Reading of Ordinance # 924 being an ordinance amending Ordinance # 853, City Code
of 1977, pertaining to the zoning of certain real estate.
Motion by Heintz,second by Hentges to waive the reading of the ordinance there being
ample copies available to the public. Roll Call: All ayes
This ordinance deals with rezoning of property to multiple dwellings for the Downtown
Development Project from R-3 to R-4.
ORDINANCE NO. 924
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE
OF 1977, PERTAINING TO THE REZONING OF CERTAIN REAL ESTATE
The City of Col,~bia Heights does ordain:
Section 1: .Ordinance No. 853, City Code of 1977, passed June 21, 1977, is herewith
amended to reflect the following changes, to-wit:
The following described properties, lying East of Central Avenue North-
east, generally West of LaBelle Park, North of 40th Avenue Northeast,
and South of 42nd Avenue Northeast, to-wit:
(1) The South 157 feet of Lots 8, 9, 10, 11, 12, 13 and 14, Block 4,
Reservoir Hills
(2)
Lot 15, Block 4, Reservoir Hills, except the North 150 feet of
the West 85 feet and except the South 165 feet of the West 72
feet, and except the North 157 feet of the West 62 feet thereof.
(3) The North 185 feet of Lots 32 and 33, Block 4, Reservoir Hills.
(4) The North 185 feet of the East one half of Lot 31, Block 4,
Reservoir Hills.
Council Meeting September 8, 1980
page ] 5
(5) Lot 34, Block 4, Reservoir Hills, except the South 130 feet lying
West of the East 54 feet thereof.
(6) Lots 35, 36, 37 and 38, Block 4, Reservoir Hills.
(7) Lots 10, 11, 12 and 13, Block 5, Reservoir Hills.
(.8) The South 241 feet of Lot 14, Block 5, Reservoir Hills.
(9) The South one half of Lot 15, Block 5, Reservoir Hills.
(10) The South one half of the East forty feet of Lot 16 Block 5,
Reservoir Hills. '
(11) Lots 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53,
54 and 55, Block 5, Reservoir Hills.
(12) The East ten feet of Lot 39, Block 5, Reservoir Hills.
(13) That part of 41st Avenue Northeast, lying between the Northerly
extension of the Westerly lot line of Lot 13, Block 5, Reservoir
Hills, and the Southerly extension of the East lot line of
Lot 38, Block 4, Reservoir Hills.
are herewith rezoned to "R-4", Multiple Family Residential Use.
The following described properties, lying generally East of Central
Avenue Northeast, generally West of the aforedescribed "R-4" zone,
North of 40th Avenue Northeast and South of 42nd Avenue Northeast
to-wit: ,
(1) Lots 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 and 30, Block 4
Reservoir Hills. '
(2) Lot 31, Block 4, Reservoir Hills, except the East one half
thereof.
(3) The South 165 feet of the West 72 feet of Lot 15, Block 4
Reservoir Hills. '
(4)
The North one half of 41st Avenue Northeast lying West of the
Southerly extension of a llne drawn 72 feet West of and parallel
to the West lot line of Lot 31, Block 4, Reservoir Hills.
are herewith rezoned to "CBD", Central Business District.
The following described properties, lying generally East of Central
Avenue Northeast, generally West of the aforedescribed "R-4" zone,
North of 40th Avenue Northeast and South of 42nd Avenue Northeast,
to-wit:
~l) Lot 17, Block 5, Reservoir Hills.
(2) Lots 15 and 16, Block $, Reservoir Hills, except the South
one half thereof.
(3) Lot 14, Block 5, Reservoir Hills, except the South 241 feet
thereof.
Council Meeting
paqe 16
September 8, 1980
The South one half of Lot 16, Block 5, Reservoir Hills, except
the East 40 feet thereof.
(5) Lots 37, 38, and the West 30 feet of Lot 39, all in Block 5,
Reservoir Hills.
(6) Lots 32 and 33, Block 4, Reservoir Hills, except the North
185 feet thereof.
(7) The East one half of Lot 31, Block 4, Reservoir Hills, except
the North 185 feet thereof.
(8) The South 130 feet lying West of the East 54 feet, Lot 34,
Block 4, Reservoir Hills.
(9)
That part of 41st Avenue Northeast lying between the Northerly
extension of the East lot line of Lot 14, Block 5, Reservoir
Hills and the Southerly extension o~ a line drawn 72 feet West
of and parallel to the West lot lin~ of Lot 31, Block 4, Reser-
voir Hills
are herewith rezoned to "CBD" Central Business District
Section 2:
Section 3:
The Official Zoning Map is herewith amended to reflect the said rezoning.
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:
7-28-80
9-8-8o
9-8-8o
Offered by:
Seconded by:
Ro!] cell:
Heintz
Hentges
Logacz, Heintz, Hentges, Nawrocki--aye
Norberg--abstain
Bruce G, Nawrocki, Mayor
Joanne Student, Secretary to
the Council
i. First Reading of Ordinance * 933 being an ordinance amending Ordinance # 853, City Code
of 1977, pertaining to Public Health and Safety--Garbage and Rubbish
Motion by Heintz,second by Logacz to waive the reading of the ordinance there being ample
copies available to the public. Roll Call: All ayes
The City Attorney advised there were two corrections to the ordinance that were to be
added. The City Manager told the Council this ordinance does not include any reference
to the tags that may be issued by the garbage haulers for refuse that is not set out
according to the contract. These situations will be handled administratively by the
garbage hauler and the City. The pick-up of four tires per year per household was also
Council Meetin~
page 17
September 8, 1980
removed from the contract as staff felt ti~ese could be disposed of at the annual City
clean-up.
ORDINANCE NO. 933
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853,
CITY CODE OF 1977, PERTAINING TO GARBAGE AND
RUBBISH REGULATION
The City Council of the City of Columbia Heights does ordain:
Section 1: Section 8.301(4) of Ordinance No. 853, City Code of 1977, passed June 21,
1977, which reads as follows, to-wit:
"Ail accumulations of garbage and rubbish must be deposited and contained
within the containers as provided above, excgpt that tree limbs under
four (4) inch diameter and three (3) foot lengths tied in bundles, leaves,
grass or rubbish in water-proof containers (garbage can liner size), bundles
of newspapers or magazines tied securely and weighing less than twenty (20)
pounds, up to four (4) automobile tires per year per residence, and Christ-
mas trees in up to six (6) foot lengths (during January) shall be placed
on pick-up day next to the garbage cans where alley pick-up is available
or at the curb line in areas where no alleys exist."
is herewith amended to read as follows, to-wit:
"All accumulations of garbage and rubbish must be deposited and contained
within the containers as provided in this section, except that:
(a) tree limbs with diameters of less than four inches (4") and lengths
of less than four feet (4') tied inte bundles;said bunches not exceed-
img 18" in diameter.
(b) leaves, grass or rubbish in water-proof containers (no larger than
permitted thirty-gallon'ga~bage-can-liner size), not exceeding 35 lbs.
in weight;
(c) bundles of newspapers and magazines tied securely and weighing less
than thirty five (35) pounds;
(d) Christmas trees up to six feet (6') in length (during January); and
(e) small household items including small appliances, tools, and articles
of furniture weighing less than thirty five (35) pounds
Section 2:
shall be allowed on pick-up day to be placed immediately adjacent to the
lo£ation permitted for garbage can placement pursuant to Section §8.301(5).
Section 8.301(7) of Ordinance No. 853, City Code of 1977, passed June 21,
1977, which reads as follows, to-wit:
"The presence of any garbage or rubbish on any property within the City or
in any container other than that authorized by this section or in the
presence of containers not conforming with the requirements of this section,
except as specifically authorized by this section, shall constitute a public
nuisance under this section."
is herewith amended to read as follows, to-wit:
Council Meeting
page 18
Section 3:
First reading:
Second reading:
Date of passage:
Offered by:
Seconded by:
Roll call:
September 8, 19E9
"Each of the following items on property within the City shall constitute a
public nuisance under this section and shall constitute an offense punish-
able under Section §8.301(9), to-wit:
(a) the accumulation of one or more unattached automobile tires;
(b) the accumulation of construction materials;
(c) the accumulation of oil or other petroleum products or the attempted
disposition thereof in a container otherwise permitted by this sec-
tion;
(d) the attempted storage, accumulation, or disposition of discarded furni-
ture;
(e) the presence or accumulation of any uncontained garbage or rubbish
other than that specifically permitted by this section;
(f)the disposition or attempted disposition of any garbage or rubbish
in a manner not specifically permitted by this section; and
(g) the presence of any garbage or rubbish in any container not speci-
fically permitted by this section or in a container not specifically
conforming with the requirements of this section."
This Ordinance shall be in full force and effect from and after thirty (30)
days after its passage.
9-8-8o
Bruce G. Nawrocki, Mayor
Jo-Anne Student, Secretary to
the Council
j. First Reading of Ordinance # 921, being an ordinance amending Ordinance # 853, City Code
of 1377, pertaining to amendments to the fee schedule for bui!ding and construction
permits, adopting amendments to building and constructio~ standards, allowing issuance
of code compliance certificates, requiring separate utility metering, heating, and air
conditioning for certain multiple dwellings.
Motion by Heintz,second by Hentges to waive the reading of the ordinance there being ample
copies available to the public. Roll Ca!l: All ayes
'CQuncil Meeting
page l~
September 8, 1980
ORDINANCE NO. 921
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF
1977, PERTAINING TO AMENDMENTS TO THE FEE SCHEDULE FOR BUILD-
ING AND CONSTRUCTION PERMITS, ADOPTING AMEND}~NTS TO BUILDING
AND CONSTRUCTION STANDARDS, ALLOWING THE ISSUANCE OF CODE COM-
PLIANCE CERTIFICATES, REQUIRING SEPARATE UTILITY M~TERING,
~£ATING, AND AIR CONDITIONING FOR CERTAIN }~/LTIPLE DWELLINGS.
The City Council of the City of Col,,mhia Heights does ordain:
Section 1: Section 6.101(4) of Ordinance No. 853, City Code of 1977, passed June 21,
1977, which reads as follows, to-wit:
"The Council shall prescribe fees. for permits required under this
chapter by annual resolution. Fees shall be considered as continu-
ing in force in the event of failure to pas~ such resolution in any
year."
is herewith amended to read as follows, to-wit:
"The Council shall prescribe fees for permits required under this
chapter by annual resolution. Fees shall be considered as continu-
ing in force in the event of failure to pass such resolution in any
year. Such annual resolution may be amended from time to time."
2: Section 6.201(1) of Ordinance No. 853, City Code of 1977, passed June 21,
1977, which reads as follows, to-wit:
"The State Building Code of the State of Minnesota, together with
Appendices SBC iliA, SBC lllB, SBC lllC, D, E, and F, and 1976 UBC
Appendices Chapters 15, 23, 25, 38, 48, 49, 51, 57 and 70, Minnesota
Plumbing Code Appendices A, B, C, D, E, and F, and-Flood Proofing Regu-
lations, as currently amended and to the extent that such Flood Proof-
ing Regulations do not conflict with Chapter 9, Article III of this
Code, is hereby adopted by reference to regulate building and construc-
tion standards for work performed and materials used within the City.
Every provision contained in said Code is hereby adopted and made a
part of this Code as if fully set forth herein. The short title of
said Code shall be the Building Code."
is herewith amended to read as follows, to-wit:
"The State Bur/ding Code of tha State of Minnesota, 2MCAR
through 1,18901, toget~fer with 2MCAR 1.10211 Appendix D (Building
Security}, and 1979 UBC Appendices .Chapters 38~ 48! 49 and 20, ~ihne-
sota PlumBing Code Appendices B~ C~ an~ D, and Flood Proofing Reg~ula-
tions, as currently a~ended and to tSe extent that s~c5 Flood Prooffog
Regulations do not confl£ct wft~ CBapter 9, Article III of th£~ Code;
f~r hereby adopted 5y reference to regulate Building and construct£on
s~andards for ~ork performed and ~aterial~ used witSin tSe City, Every.
provision contained in saf~ Code is 5%reby adopted and ~nade a part of
isis Code as' if fully set £orth herein. The.short title of ss£d Code
shall be the Building Code,
Counc?l Meeting
page'20
September 8, 1980
Section 3:
Section 4:
Every provision contained in said Code is hereby adopted and
made a part of this Code as if fully set forth herein. The
short title of said Code shall be the Building Code."
Section 6.201(2) of Ordinance No. 853, City Code of 1977, passed
June 21, 1977, which reads as follows, to-wit:
"Fire zone boundaries for the City as required by Chapter 16
of the Building Code are hereby established as shown in the
Appendix of the City Code."
is herewith amended to read as follows, to-wit:
"NotuJthstanding the provisions of Section 6.201(2), a building
perm/t shall be required for the following:
(a)
One-story detached accessory buildings used as tool and
storage sheds, playhouses and similar uses, provided the
projected roof area does not exceed 120 square feet.
(b) Fences.
(c) Oil derricks.
(d)
Retaining walls which are over thirty inches (30")
in height measured from the bottom of the footing to the
top of the wall or if supporting a surcharge or impound-
ing flammable liquids.
(e) Decks and platforms.
(f)
Prefabricated sw~rm~ng pools accessory to a Group R, Divi-
sion 3 Occupancy in which the pool walls are entirely
above the adjacent grade and if the capacity does exceed
5000 gallons or thirty six inches (36") in depth.
(g) Signs.
Section 6.202(1) of Ordinance No. 853, City Code of 1977, passed
June 21, 1977, which reads as follows, to-~t:
· Council Meeting
.page 21
September 8, 1980
"The Uniform Housing Code, 1973 Edition, as amended, International
Conference of Building Officials, is hereby adopted by reference
to regulate housing construction and maintenance standards within
the City. Every provision contained in said code is hereby adopted
and made a part of this Code as if fully set forth herein, except
as hereinafter provided. The short title of said code shall he
the Housing Code. Three (3) copies of said Housing Code shall be
on file and available for inspection at the office of the City Build-
ing Official."
is herewith amended to read as follows, to-wit:
"The Uniform Housing Code, 1979 Edition, as amended, International
Conference of Building Officials, is hereby adopted by reference
to regulate housing construction and maintenance standards within
the City. Every provision contained in said code is hereby adopted
and made a part of this Code as if fully set forth herein, except
as hereinafter provided. The short title 'of said code shall be
the Housing Code. Three (3) copies of said Housing Code shall be
on file and available for inspection at the office of the City Build-
ing Official."
Section 5:
Section 6.203(1) of Ordinance No. 853, City Code of 1977, passed June 21,
1977, which reads as follows, to-w-it:
"The National Electrical Code, 1975 Edition, National Fire Protection
Association, as currently amended, is hereby adopted by reference to
regulate standards for electrical work performed and materials used
within the City. Every provision contained in said code is hereby
adopted and made a part of this ordinance as if fully set forth
herein, except as hereinafter provided. The short title of said code
shall be the Electrical Code. Three copies of said Electrical Code
shall be on file and available for inspection at the office of the
City Building Official."
Section 6:
is herewith repealed. Section 6.203(2) of Ordinance No. 853, City Code of
1977, passed June 21, 1977, is herewith renumbered 6.203(1).
Section 6.204(1) of Ordinance No. 853, City Code of 1977, passed June 21,
1977, which reads as follows, to-wit:
"Sections 203.010 - 203.056, inclusive, of the Minneapolis City Code
are hereby adopted by reference. Three copies of such publication
shall be on file and available for inspection at the office of the
City Building Official."
Section 7:
is herewith repealed. Section 6.204(2) of Ordinance No. 853, City Code of
1977, passed June 21, 1977, is herewith renumbered 6.204(1).
Section 6.205(1) of Ordinance No. 853, City Code of 1977, passed June 21,
1977, which reads as follows, to-wit:
"Sections 204.010 - 204.050, inclusive, of the Minneapolis City
Code are hereby adopted by reference. Three copies of said Gas
Piping Ordinance shall he on file and available for inspection
at the office of the City Building Official."
CouncF1 Meeting
.page 22
September 8, 1980
is herewith repealed. Section 6.205(2) of Ordinance No. 853, City Code of
1977, passed June 21, 1977, is herewith renumbered 6.205(1).
Section 8: Section 6.206(1) of Ordinance No. 853, City Code of 1977, passed June 21,
1977, which reads as follows, to-wit:
"Sections 207.010 - 207.120, inclusive, of the Minneapolis City Code
are hereby adopted by reference. Three copies of said Heating, Ven-
tilation, Air Conditioning and Refrigeration Code shall be on file
and available for inspection at the office of the City Building Offi-
cial.''
is herewith repealed. Section 6.206(2) of Ordinance No. 853, City Code of
1977, passed June 21, 1977, is herewith renumbered 6.206(1).
Section 9: Section 6.207(1) of Ordinance No. 853, City Code of 1977, passed June 21,
1977, which reads as follows, to-wit:
"Sections 205.010 - 205.030, inclusive, of the Minneapolis City Code
are hereby adopted by reference. Three copies of said Wrecking and
Moving of Buildings Code shall be on file and available for inspec-
tion at the office of the City Building Official."
is herewith repealed.
Section 10: Section 6.208(1) of Ordinance No. 853, City Code of 1977, passed June 21,
1977, which reads as follows, to-wit:
"Sections 208.010 - 208.040, inclusive, of the Minneapolis City Code
are hereby adopted by reference. Three copies of said Elevator Code
shall be on file and available for inspection at the office of the
City Building Official."
is herewith repealed.
Section 11: Section 6.209(1) of Ordinance No. 853, City Code of 1977, passed June 21,
1977, which reads as follows, to-wit:
"Sections 211.010 - 211.040, inclusive, of the Minneapolis City Code
are hereby adopted by reference. Three copies of said Fire Suppression
Systems Code shall be on file and available for inspection at the of-
fice of the City Building Official."
\
is herewith repealed.
Section 12: Section 6.101(5) which is currently reserved, shall hereafter read as
follows, to-wit:
"6.101(5)
The Building Official, before issuing any certificate of code com-
pliance or making any prerequisite inspection, shall first require
the payment by the applicant of such fees as are prescribed by
resolution of the Council. No code compliance inspections may be
made unless the applicant first agrees that the City, the Building
Official, or their employees, servants, and agents shall assume no
liability whatsoever for errors and omissions arising out of such
inspections."
Council Meeting September 8, 1980
page 23
Section 13: Section 6.201(4) of the City Code of 1977, which is currently reserved,
shall hereafter read as follows, to-wit:
"6.201(4)
No certificate of occupancy may be issued for any two, three or four
unit multiple dwelling, the permit for which was granted after the
effective date of this section, unless such multiple dwelling shall
have separate metering systems for water, natural gas, electricity
and shall have separate heating, cooling, water, sewer, electrical,
plumbing and gas piping systems or services."
Section 14: 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:
9-8-80
Offered by:
Seconded by:
Roll call:
Bruce G. Nawrocki, Mayor
Jo-Anne Student, Council Secretary
k. First Reading of Ordinance # 934 being an Ordinance Conveying Certain Real Estate to
Certain Parties
This ordinance and a lot sub-division will enable the City to relocate a resident
from the Downtown Development area to a parcel on the north side of 51st avenue near
Sullivan Lake. Councilman Hentges questioned the figure for the selling price of this
parcel as mentioned in the ordinance. The City Attorney advised him that price is not
a firm one and that it may be amended upward in a subsequent reading. Councilman Hentges
feels new boring samples are required.
Motion by Heintz, second by Hentges to waive the reading of the ordinance there being
ample copies available to the public. Roll Call: All ayes
ORDINANCE NO, 934
BEING AN ORDINANCE AMENDING ORDINANCE NO~ 853~ CITY CODE OF
1977, PERTAINING TO THE SALE OF CERTAIN REAL ESTATE ON 51sT
AVENUE NORTHEAST TO WILLARD AND VERNA BOLLING
The City of Columb-i'a Heights does ordain~
Section 1:
The City of Columbia Hefghts shall sell and convey unto Willard Bolling and
Verna Bolling, husband and wife, the real property described as follows,
to-wit;
The West 97 feet of that part of Tract A~ REGISTERED LAND SURVEY
N0,'-6_~3, files of the Registrar of Titles of Anoka County~ Minne-
sota, lying South of the Easterly extension of the North line of
Lot 14, Block 1, Temple Terrace Plat 3~ subject to a public road
Council Meeting
page 24
September 8, 1930
Section 2: The Mayor and City Manager are herewith authorized to execute a Quit Claim
Deed to effectuate the conveyance of t~e's~id real estate.
Section 3: The purchase price shall be Ten Dollars ($10.00),
Section 4: 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:
9-8-80
Offered by:
Seconded by:
Roll call:
Bruce G, Nawrocki, ]Mayor
Jo-Anne Student, Secretary to the
Council
Communications (cont.)
b. Minnesota League of Cities Proposed New Office BuildTng
This item deals with the League's proposal to construct a ne~~ building. The City Manager
advised the Council as to how much the City of Columbia Heights would be assessed. The
Counci] reviewed the various options for payment so they could indicate their preference
to the League. Councilman ~Jorberg wanted to know if one of the agreements of our mem-
bership in this organization had capital recovery clauses in it if the League did not
continue or if we terminated our membership. The Mayor seriously doubts that the
League will be dissolved and sincerely hoped that the City will continue its member-
ship. The Mayor advised the Council that the land for the new building is being don-
ated by the City of St. Paul. In his opinion the City should pay the assessment in a
lump sum thereby saving the 10S interest in financing. But, the Mayor reminded the
Council members that at the present time all the Council is being asked to do is advise
the League of their preference for payment and is not making a committment for anything.
Councilman ~lorberg restated his concerns with paying a lump sum and would prefer long
term payments so the City could gain equity which could be recovered if necessary.
Motion by Heint:,second by Logacz to indicate to the League of Minnesota Cities that if
the City participates in the plan to finance a new building for the League that it prefers
a lump sum payment option. Roll Call: Logacz, Heintz, Hentges, Nawrocki--aye
Norberg--nay
c. Alley Lighting--Establish a Date for Public Hearing
This request was made by a petition received by the City Manager from residents located
between ~4th avenue and 45th avenue and 6th and 7th streets for alley lighting.
Motion by Hentges, second by Heintz to authorize the City Manager to advertise for a
public hearing for alley lighting on September 22 at 7:33 pm. Roll C~ll: All ayes
d. Suburban Rate Authority--Public Hearing Regarding NSP's Rate Increase
This was an informational item. Even thou9h no action by the Council is being asked for
at this time the Mayor and Councilman Norberg felt some action should be taken as they
both were strongly opposed to this increase and the effect it would have on residents
of the community.
Motion by Rorberg,second by Heintz to authorize staff to prepare a statement in
Council Meeting
page 25
September 8, 1980
opposition to the proposed rate increases of NSP to be presented by a member of the
City staff at the public hearing on September 15th conducted by the Minnesota Public
Service Commission. Roll Call: All ayes
)ld and New Business
a. Old Business (cont.)
2. Anoka County--Urban County Designation Joint Cooperation Agreement
The Council's authorization of this agreement is for the Anoka County to receive CDBG
funds as an urban county. All municipalities in Anoka County must adopt this agreement
prior to October 1st if the County is to participate under the urban county block
grant program.
Motion by Heintz,second by Logacz to authorize the Mayor and City Manager to execute
the Joint Cooperation Agreement with Anoka County to enable Anoka County to be clas-
sified as an urban county. Roll Call: All ayes
3. Authorize the City Attorney to Order Abstracts of Title and to Commence Torrens Actions
of Tax Forfeit Parcels.
Motion by Heintz,second by Hentges to authorize the City Manager to order abstracts
of title and to commence Torrens actions for tax forfeit parcels used for relocating
Downtown Development condemnees. Councilman Norberg asked how much this would cost
and was told by the City Attorney it would average between $700 and S800 per parcel.
The City Manager advised the Council that these parcels were available for sale
before on the open market. Councilman Hentges explained the process for selling
tax forfeit parcels to people displaced by the Downtown Development.
Roll Call: Logacz, Heintz, Hentges, Nawrocki--aye Norberg--nay
New Business
1. Voss Parking Lot Condemnation
a. Motion by Logacz,second by Heintz to authorize payment of $48,750 to the Clerk of Anoka
County District Court. Furthermore that the remaining balance of $16,250 be paid after
the appeal period expires on October 8, 1980. Councilman Norberg feels any payment
should be withheld until the appeal period has lapsed. He thinks if possession is
taken before the appeal period is over it would make for a vu]nerable position. The
City Attorney advised it would be in the best interests of the City to take possession
now and place the monies in the District Court.
Roll Call: Logacz, Jleintz, Hentges, Nawrocki--aye Norberg--nay
b. Motion by Heintz,second by Logacz to authorize payments to the condemnation commission
and the owner's appraiser for the Voss Parking Lot condemnation. Roll Call: All ayes
2.Agreement to Participate in Urban Corps Program
This agreement is to be executed between the City of Columbia Heights and the City of
Minneapolis and would provide for the hiring of students who qualify under the Urban
Corps Program. Students are hired in areas that would give them opportunity for exper-
ience in fields that are compatible with their educational training.
Motion by Logacz,second by Hentges to authorize the Mayor and City Manager to execute
an agreement for participation in the Urban Corps Program between the City of Minneapolis
and the City of Columbia Heights. Ro11 Call: All ayes
Authorization for Expenditures of Funds to Purchase Various Fire Fighting Equipment
Motion by Hentges, second by Heintz to authorize the purchase of various fire fighting
equipment as indicated in the Fire Chief's memo of September 3,1980, from Nardin~ Fire
Equipment Co. of St. Paut in the amount of $2,116.10, based on low, informal quotation.
Councilman Norberg asked if this were a budgeted item and was told that it was.
Roll Call: All ayes
Council Meeting
page 26
September 8, 1980
4.Final Payment to Allied Blacktop Co. for Bituminous Seal Coat-Project # 8003
Motion by Hentges,second by Logacz to authorize final payment to Allied Blacktop
Co. in the amount of S12,520.65 for the bituminous seal coat of approximately
197,433 square yards of City streets. Th~s work was done for somewhat less money
than had been estimated. Councilman Norberg is not satisfied with the loose rock
that remains from this project. Roll Call: Logacz, Heintz, Hentges, Nawrocki--aye
Norberg--nay
5.Award of Bid for Electrical Modifications
Motion by Heintz,second by Norberg to award the electrical remodeling bid to Batzli
Electric in the amount of S2,195, based on low, formal bid, and that the Mayor and
City Manager be authorized to execute an agreement with Batzli Electric for the
above improvements, such improvements to be paid from the Revenue-Sharing Fund.
This item was estimated at a much higher amount than was the bid. Roll Call: All ayes
6. New Hire--Kimberly C. MoravJck, Clerk-Typist II, Parks Department, Entry-Level Rate of
$751 per month
This item was informational
7. Police Chief Attendance at Seminar Regarding "Managing Agencies with Fewer Dollars'l
The date and place for this seminar has been changed since this request was first
authorized.
Motion by Hentges,second by Heintz to authorize the Police Chief to attend the seminar
for "Managing Agencies with Fewer Dollars" from October 21-24 in Denver, Colorado.
Roll Call: Logacz, Heintz, Hentges, Nawrocki--aye Norberg--nay
8. Councilman Hentges gave information from the recent Traffic Commission meeting. At that
meeting a recommendation was drawn up for the Council for a stop sign to be erected
on Stinson Blvd. and Fairway Drive. Since this intersection is bordered on one side
by New Brighton it was the hope of the Commission that a letter requesting its support
be sent to the New Brighton City Council.
Motion by Hentges,second by Heintz to indicate the recommendation of the Columbia Heights
Traffic Commission for a three-way stop sign on Stinson Boulevard and Fairway Drive to
New Brighton, Anoka County and Ramsey County and ask for their concurrence.
Roll Call: All ayes
Councilman Hentges brought another recommendation from the Traffic Commission for a
stop sign on the northwest corner of Innsbruck Parkway at Stinson Boulevard.
Motion by Hentges,second by Heintz to place a stop sign on the northwest corner of
Innsbruck Parkway and Stinson Boulevard.
Councilman Norberg felt that the placement of this stop sign will breed confusion in
that motorists from only one direction will be required to stop. He felt that either
stop signs for all traffic should be erected or no stop signs at all.
Roll Call: Logacz, Heintz, Hentges, Nawrocki--aye Norberg--nay
10.
Councilman Heintz has had a number of requests for the Traffic Commission to study the
placement of four-way stop signs at 5th street and 40th avenue. This corner has been the
scene of numerous accidents according to Councilman Heintz who lives in the area.
Motion by Heintz,second by Hentges to refer this matter to the Traffic Commission.
Roll Call: All ayes
8.Reports
City Manager's Report
The City Manager's written report was reviewed.
The Mayor requested additional information on the complaint that has been made on the
noise and occupancy problem at t334 44½ avenue. It was suggested that this was not the
first complaint received about the activities of the residents.
Cou~c i 1 Meeting
page 27
September 8, 1980
Councilman Heintz spoke to a letter received from the chairperson of the Queen pageant
for expenses from the Jamboree. The letter requested additional monies for bills that
have not as yet been paid.
Motion by Hentges,second by Heintz to authorize payment of bills submitted by Pat
01y~yk, chairperson of the Jamboree Queen pageant~in the amount of $707.
Councilman Norberg expressed a concern that the Council is being asked to pay bills
not supported by receipts and which exceed the budgeted amount as set by the Council
for this function. Mayor Nawrocki questioned the City Manager if there had been any
accountability for the monies that were forwarded for this item earlier in the year.
The City Manager advised the Council that to date there had been no receipts received.
Motion by Nawrocki,second by Norberg to table this matter until the next meeting for
additional information, this information being an accounting as to how the money had
been spent. Roll Call: All ayes
9. Licenses
Motion by Heintz,second by Hentges that licenses be approved as listed upon proper
payment of fees. Roll Call: All ayes
10. Payment of Bills
Motion by Heintz,second by Norberg to authorize the payment of bills as listed out
of their proper funds. Roll Call: AIl ayes
Motion by Heintz,second
Adjournment: l:40am.
by Norberg to adjourn the m.~jing. ~o]1/~11: A)
Bruce'G. Nawrocki, Mayor
1 ayes
Anne Student, Cou-fi~il~
Secretary