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HomeMy WebLinkAboutNov 9, 1981COLUH~IA HEIGHTS CITY COUNCIL N:3ULAR MEETING NOVEMBER 9, 1981 The meeting was convened by Mayor Nawrocki at 8:02 pm. Ro11 call: Logacz, Heintz, Norberg, Hentges, Nawrockl--present 2. Invocation The Invocation was offered by Reverend Aster Nave of the First Luth- eran Church. ). Minutes of Previous Meetings Hotion by Norberg, second by Heintz to approve the minutes of the October 26th Regular Council Meeting, end the October 27th Continuation of the Regular Council Meeting; as presented in writing, and that the reading be dispensed with. Roll call: All ayes ~. Publlc Hearinq The purpose of this publlc hearing is to determine whether the building at 4342 6th street is considered to be hazardous and substandard. The City Building Inspector and an attorney from the City Attorney's office gave the background on this matter. The Building Inspector supplemented his testimony with pictures taken of the present con- dition of the house. Elmer Crohn, Chief of Property Management for the Veterans Ad- ~inlstration, presented to the Council a llst of plans the VA has to bring this build- lng up to code. Much discussion followed regarding these plans, costs and tlme needed to make the repairs. A petition from neighbors to the house In question had been sub- ~itted prevlously. Some of these neighbors attended the meeting and spoke to the general condition of the structure. The City Attorney advised the Council that if the repalrs are not fully completed within 90 days, that the structure should be ',azed or removed ~ithin 120 days and these number of days were Incorporated into the Findings of Fact and Order. Councilmen Heintz felt that the Veterans Administration has had sufficient time to have begun some of these repairs long before now.  ion by Logacz, second by Nentges to adopt the Findings of Fact and Order. ion to amend by Heintz, second by Norberg to change the ninety days to sixty days and the 120 days to ninety days. , Roll call on the amendment: Heintz Norberg--aye Logacz. Hentges, Nawrockl--nay Motion fails. ' Roll call on main motion: All ayes STATE OF ~I~'~SOTA COUN'~ OF A~0I~ CITY OF COLUI~IA HEIGHTS ~FO1U~ CITY COUNCIL IN RE: HAZARDOUS BUILDING LOCATED AT ~3~2 NORTHF. AST SIXTH STREET, COLUMBIA HEIGHTS, WiNNESOTA FIR~INGS OF FAC~ AND ORDER ADMINISTRATOR OF VETERANS AFFAIRS, AN OFFICER OF THE UNITED STATES OF AMERICA; O~TFER OF RECORD,'OCCU?YING TENANTS AND LIEN HOLDEICS OF THE ABOVE-DESCRIBED PARCEL: A public hearln8 was called for Novenber 9, 1981, at 8:00 p.u., in the I~uncil Chanbera, City of Columbia Helshta City Rail, 590 - &Otb Avenue Northeast, Colunbta llelShta, l~Lnneaota, to determine vhether or not the hulldtn~ or etructure . at &342 Northeast Sixth Street, Colu~bla Bel~hts, Nlnnesota, located on the property legally described as follows, to-alt: Lot Five ($), Block Tvo (2), X~arra~ement of Block 'B', Col~La NaUghts ~nex to NXnneapolis, ~o~ Cowry, N~nn., accord~ to the ~p or plat thereof on file and of record in th Deeds ~n a~ for Ano~ County, ~nnesota. · office of the Re$ister =f ~s a hazardous build~ vtth~n the mean~ of ~nne~ta $tatut~ ~63,15, ~.e., a Building ~ch ~cause of ~nadeq~te ~Xntenance, dilapidation, physical damage, ~sanXtary condition, or abando~ent, co~tXtut~ a ~Xre hazard or a hazard to the public safety and health. Present at said public hear~ ~n opposition to the repair or demo~- · ~on of said structure vere the follov~ ~rao~: E~er Crohn, ~ef of ?roper~y ~nagement, Veterans A~n~straCXon. Based upon all the evidence presented at the public hearin~ on November 9, 1981, the Council of the City of Columbia Heights nov~akes ~ts: FINdINgS OF FACT Pursuant to Minnesota Statutes, Section &63.15 to t63.261, the Council of the City of Columbia Eeights, havln~ duly considered the ~atter, finds the above-described buildlnt to be a hazardous buildi~ for the follovln~ ~eason~ 1. The structural support for v~at vas formerly a front porch con- sists of rood =embers resting on earth at ~rade level. 2. Kitchen door sill is rotte~. 3. Ii= ~oist on eouth kitchen vail ts rotting. &- Interior kitchen vail is deteriorated. $, ~all plaster fallin~ in ~drom. 6. Roof leaks over bedrom. November 9, 1981 page. 3 7. loofln& la in poor condition. 8. Eaves are rotting. 9. ltoof is sagging. The roof over the kitchen and bathroon s~a to the extent that such condition Ks hazardous. 10. No ceiling insulation. 11. The crawl space access is not adequately sealed. 12, The floors sag to an unacceptable extent, 13, l~ood floor support colu~.s rest on concrete, l&, & floor Joist has been cut and inadequa~ely headed, 15, Foot of basement stair abuts the outside vail, 16. The kitchen sink is fitted with an Lllegal 's' trap and is unvent ed o 17o The gas-fired water heater is improperly vented. 18. The heating system consists of s gas fired (conversion) lrravity wat~ sir furnace. A hole has been cut into the Jacket ·ad presumably to supply war~ ·ir to the bedroo~ register. There ia no ductwork ·t present. The syste~ is inadequate. 19. The furnace flue terminal section is badly rusted. The Council of the City of Columbia l~eights finds it reasonable to require the completion of repairs es herein ordered~ or r·zi~& or re,oval cf the structure and restoration of the parcel to · safe sad sanitary dttion within 120 days, ORDER · ursuant to the foregoin~ Findings of Fac~ ~nd tn ~ccordance ~h ~innesota Statutes, Sectiou ~63.15 to 163.261~ the Coun~l of the Ci~ of Columbia Heights hereby makes the follovi~ Order to the Administrator of Teterans Affairse an officer of the United States of ~erlca, the record o~er of the ·boys-described hazardous bu~ldi~ or its representatives the occupants and lie~olders above-n~ed: The alleged h&zards shL~l be abated by eoupletion of the follo~ug: &- Provide fros~ foo~l~s a~ foundation for ~r~. ~lde crawl o~ce, ~C 2907 ~. a~ 2~17(c). B. Replace ~chen door C. Repair or replace flu Joist on south kitchen wall. D. Repair interior kitchen wall, E. Repair wall in bedroo~ where plastering Ls falling. Y, ~esh/ngle roof. Repair eaves. H. Hake structural repairs to roof over kitchen and bathroce. I. Insulate ce/ling and roof to U value of .05 BTU hours per square foot. Provide vapor barrier and ventilation. ASRRAE ~.3.2.2. and 2~CA~ 1,16005 D.&.2.7. J. Hake crawl space fuflctionL~ and weather-tight. K. Provide floor support syste~ for &0 pounds per square foot live load within deflection limit of L/360. 2518 (d). L. As to wood floor supports, provide footings and piers to keep ends of posts above the floor. USC 2517(c)4. ~* Repair floor Joist. ~. Provide a landing at foot of basement stair by excavating to perimeter of building. OBC 3305(~)o O. ~ring kitchen sink to code specifications. ~/D 132,(a),(b). P. Hake a proper vent connection to rater-heater. SBC 7&07, Q- Replace furnace. Provide ducted syst~ or other means of supplying heat to each rov~. UBC 1211~. R. Replace chimney flue. $B¢ 7~03 (Inspection of chimneys and chimney liners). S. Brin8 electrical viring up to code, 1981 National Electrical Code, November ~, 1~81 2. That in the event the foregoin~ repairs are not fully completed vithin 90 days, the structure must be razed or removed an additional 3~ days and ~! resultin~ debris must be removed v~th~n such period to restore the peFCO! to a asfe and asnitary condition. demolition permit must be obtained from the City of Columbia Heights 'before work Is commenced and arrangements must be made to disconnect utLlit7 ser- vices to the structure. Any excavation under the structure must be fLUed vlth clean f111. 3. If the City is compelled to take any corrective action herein, necessary costs expended by the City v~11 be assessed against the real estate concerned and collected in accordance v~th Hlnnesota Statutes, Section &63.22. &. The l~uyor, Clerk, City Attorney and other officers and employees of the City are authorized and directed to take such action, prepare, s~n and serve such papers as are necessary to comply b'lth this Order and to assess ~he costs thereof against the real estate described above for collection alums vtth taxes. All t~ne limits shall co~nence at the tine of service upon the ovner of record, her agent, occupyin~ tenant and l~enholders of record. A not,on for sun=~ary er~orce~ent of th~s Order v~ll be ~de to the D~s~r~c~ Court of ~o~ County ~less corrective ac~on ~s C~en or ~less anAnsver is filed ~n the ~lne s~c~fied ~n Hinneso~a Statute ~63.18,.i.e., vXch~n Cven~y (20) days fro~ ~be dace of se~ce of this Order. Da~ed: CITY OF COLU)~IA HEIG~ITS, A l~UNICIPAL COI~P0~ATION Bruce Nawrocl~, Fdyor And Robert S. Bocelnsk. t, Homager ~- Proclamations The Hayor read a proclamation commending the Columbia Heights Science Technology and £nergy Con~nisslon for the successful Energy Fair that they organized, planned and put together. ~. e. Ore1 Petitions Joseph Check, 1021 42nd Avenue, presented the :ouncll with a petition signed by 53~ of the people In the area objecting to the rezonlng of properties on 42~ Avenue frown multiple d~ellings to single family dwellings. f¢otion by Helntz, second by Norberg to initiate a change in the zoning of the properties es exhibited in Mr. Check's petition and that a public hearing be set for Honday, Dec- ember I~th at 8:00 pm. Roll call: All ayes This matter will be reviewed by the Planning and Zoning Commission prior to the public hearing on December 14th. ~. Ordinances end Resolution~ a. Second Reading of Ordinance No,~82 being an ordinance amending Ordinance #o.85J~ C~ty Code of l~??, pertaining to cable cor~nunications . This ordinance represents the final revision to previous draft ordinances, Adoption of the ordinance wlll have the net affect of awarding e ten-year franchise to Teleprompter. ~otion by Heintz, second by Logacz to waive the reading of the ordinance there being ample copies available to the Public. RD1! call: All ayes Councilmen Norberg and Hentges expressed concerns regarding questionable material that ~nay be allowed to be shown on cable television and what control there ~Ould be by sub- scribers. flotion by Norberg, second by Hentges to table this item until the meeting on December l~th at 8:00 pm. Roll call: Norberg Hentges--aye Logacz, Helntz, Nawrockl--nay Hotion RECESS: 10:10 RECONVENE: 10:20 Ordinance No.982 was offered by Heintz, second by Logacz and the roll ca1! was as follows: Logacz, Heintz, Hentges, Nawrocki--aye Norberg--nay Councilman Norberg's primary reason for voting against this ordinance is as follows: "With this much money on the table, and with the potential profitability of the franchise, the fact that there was only one bidder indicates clearly that there is something wrong somewhere and we should reject all bidders and restart the process." The Mayor said that the franchise for Columbia Heights is only guaranteed for ten years, unlike most all of the other franchises that are fifteen years and considering the small service area in question this would not be consider- ed a 'choice' area by cable companies. The Chairman of the Cable Commission cited many reasons why the Commission was convinced that Teleprompter was a quality bidder and referred to calls placed to innumerable cities that presently are served by Teleprompter and are finding them very satisfactory. It was also noted by the Chairman that many other cable companies felt this would not be an area that would ultimately result in a profitable venture because of its size and limited number of potential subscribers. The Commission repeatedly questioned Telepromter people on their position of profitibility in our City. They were convinced that the market is there and since they are in a position of leadership in the business they were willing to take a risk. Since Ordinance No.982 is very lengthy having it on display in public places would satisfy the publication requirements. Motion by Heintz, second by Logacz that the Council adopt the list provided by the City Manager as being at least ten of the most public places in the City of Columbia Heights. Roll call: All ayes. The most public places chosen are as follows: John Murzyn Hall, Anoka County License Bureau, Northeast State Bank, Columbia Heights Library, City Hall, Parkview Villa, Heights Manor, Senior High School, Central Middle School, Credit Union, Marquette State Bank, Anoka County Service Center, Liquor Store (322 40th Ave.), Liquor Store (5225 University), Columbia Heights Post Office, K-Mart and Mr. Steak Restaurant. .Regulpr Council Meeting November 9, 1981 page 7 b. First Reading of Ordinance No.983 being an ordinance giving preliminary approval to a project under the Municipal Industria] Development Act, referring the proposal to the Commission of :urities and Real Estate for approval, and authorizing preparation of necessary documents. on by Heintz, second by Logacz to waive the reading of the ordinance there being amp]e:~:opie available to the public. Roll cai]: A]I ayes 0rdinance No. 983 BEING AN ORDINANCE GIVING PRELIMINARY 'APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES ' AND REAL ESTATE FOR APPROVAL, AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS The City of Columbia Heights does ordain: 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 a~ possible, emergence of blighted lands and areas of chronic unemployment, and it is the policy of the State of Minnesota to facilitate and encore;age 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 a~e retained and new industries are developed 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 educations] and public service facLlities wi]J be lost, and the movement of talented, educated personnel of mature age to areas where their services may be effectively used and compensated and 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 populatior~ ' 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. A representative of The Corner Partnership (hereinafter the ~Applicant"), has advised this City Council (the "Council") that it desires to acquire land and construct a building of approximately 16,000 square feet and acquire and instal] equipment therefor for use as an office facility (hereinafter referred to as the "Project"). 1.$. The existence of the Project in the City will contribute to more intensive development 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. page 8 :1.6. The City has been adv/sed that conventional, eommerelal financing to pay the capital cost of the Project Is available at such eost~ of borrowing that the economic feasibility of ope~ati~ the ~o]ect wo~d be s~gnificant]y ~educed, but that with the aid of m~icJp~ financing, ~d 1~ r~ti~ low borrowi~ cost, the Project is eeonomjc~y more fe~l~ 1.~. T~s CouneU has been adv~ed by a tepresentaUve of ~e Applicant, that on the bas~s of information submitted to them ~d theb d~seuss~o~ w~th tepr~entatives o~ ~ea finanei~ ~tJtuUo~ and potenU~ buyers of t~-exempt bon~, fndustH~ development revenue bon~ of ~e City eo~d be ~ued and sold upon favor~]e rat~ ~d t~ms to tin,ce ~e Pro, ecL 1.8. The City Is authorized by Minnesota Statutes, Chapter 4?4, to Issue its revenue bonds to finance the e~Y-~'~- e .... , -,, whole or in part, of the acquisition, construction, reconstruction, improvement or extension of cap- Raj projects eons/sting of propert/es used and useful In connecUon With 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 o! information given the City to date, it appem, s that It would be tn the best interest of the City to issue its industria] development revenue bonds under the provisions of Chapter 474 to finance the Project of the Applicant at a cost presentJy estimated not to exceed $:1,300,000. 3. The Project above referred to Is hereby given 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 Real F. state and to the mutual ~g'reement of this body, the Applicant and the initial purchasers of the bonds as to the detaLls of the bond issue and provisions for their payment. In aLI events, it is understood, however, that the bonds of the City sha.U 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, shall recite in substance that the bond, including interest thereon, is payable solely from the revenues received from the Project and property pledged to the payment thereof, and shall not constitute a debt of the City. 4. In accordance with Minnesota Statutes, Section 474.01, Subdivision ?a, the Mayor of the City is hereb~-authoriz-e~and d~rected to suSmit the proposal for the Project to the Commissioner of Securities and Rem Estate for approval the Project. The Mayor, Clerk, Treasurer and other officers, employees and agents of the City are hereby author' · pr.e!iminary information ~nee ~zed t.o._ provide the Commissioner w'th · . .. ded for hD~se . ' ..... author:zed to lmt{ate and assist in thet appropriate r,P~,P~°~s~e,,~a-~..d._,?~e City .Attorney to the Project, if it is approved by the Commissioner. ........ ~- ~u~n oocuments as may be 5. The law firm of Holmes & Graven, Chartered, Is authorized to act u Bond Counsel and to assist in the preparation and review of necessary documents releting to the Project and bonds issued in eoru~ection therewith. The Mayor, Clerk-Treasurer, City Attorney, and other officers, employees and agents of the City ~e hereby authorized to assist Bond Counsel in the preparation of such documents. Regular Council November 9, 1981 page.9 Meeting 6. The City shall have the right, In its sole discretion, to withdraw from participation, and accordingly, not issue its revenue bonds for the ProJeet~ should ~l~Lhe City at any time prior to the issuanoe thereof determine that It Is in the beSt ~terest of the City not to issue its revenue bonds or should the partJes to the transaction be unable to reaoh al~reement as to the terms lad eonditJons of lay Of the documents required for the transaotion. The deoision of the City Council with l'espeet to lay of the aforementioned matters sh~11 be incontestable. ?. This ordinance shall be in full force lad effect from lad after thirty (30) days after its passage. 'First Readir~: Second Rea dinl[.: Offered by: Seconded by: RoW Ca,l: Date of Passage: November 9, 1981 ' eeretar~ to the Cou~e-'~"'--- c. Resolutlon 81-61 establishing dental Insurance coverage for employees covered by Local 49 of the International Union of Engineers ~otion by Helntz, second by Norberg to waive the reading of the resolution there being ample copies available to the pub]ic. Roll call: Ail ayes RESOLUTION 81-61 ESTABLISHING A DENTAL INSURANCE PROGRAM FOR EHPLOYEES COVERED BY LABOR AGREEHENT WITH INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 49 WHEREAS, the Memorandum of Understanding between the ~etropolitan Area Hanagement Association (~AHA), who represents the City of Columbia Heights and the International Union of Operating Engineers, Local No. 49, dated January 2, 1981 provides for · Dental Insurance Option for Calendar Year 1982, end WHEREAS, ~ has developed a Dental Insurance Program for the cities It represents end the City of Columble Heights Unlt of Local No. &9 has voted for an Employee Only Coverage for Dental Insurance, NO~, THEREFORE, BE IT 13age I 0 RESOLVED, that the City Council of the City of Columbia Heights ~oncurs with the action taken by Local No. &9 and hereby establishes a Dental Insurance Program for Employees of the International Union of Operating Engineers, Local No. 49 as developed by I~sj~ on the basis of Employee Only Coverage to be effective no earlier than January I 1982 and BE IT FURTHER , , RESOLVED, that the Employer's Honthly Premium Cost Per Employee shall be no more than $10.00 to be derived from the $105.00 designated for Health and Life Insurance for Calendar Year 1982. Passed this 9th day of November, 1981. Dffered by: Heintz Seconded by: Norberg Roll Call: All ayes d. Resolution 81-65 being a resolution establishing the date for a public hearing on a proposal to undertake and finance a project under Hinnes.ota Statutes, Chapter 47~. Motion by Heintz, second by Logacz to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION NO. _81 '65 RESOLUTION ESTABLISHING THE DATE FOR A PUBLIC HEARING ON A PROPOSAL TO UNDERTAKE AND FINANCE A PROJECT UNDER MINNESOTA STATUTES, CHAPTER 474 WHEREAS, the Minnesota Municipal Industrial Development Act, Minnesota ~tntutes, Sections 474.01 et seg. (the "Act"), authorizes the issuance o~ revenu~ bonds to finance projects; an'-d' WHEREAS, the term "project" is defined by Section 474.02, subdivision of the Act to include "any properties, real or personal, used or useful in eormection w/th a revenue producing enterprise"; and WHEREAS, a representative of The Corner Partnership (the "Developer-) has Presented this City CouneLl with information eoneerrdr~ a proposed project (the "Project") to be acquired and constructed within the City of Columbia iteig, ht$ (the "City"J; and November 9, If)8l page I i WHEREAS, the Developer has requested that the City ~esolve to issue revenue bonds pursuant to the Act to finance the Project and has presented to the City a form of preliminary ordinance concerning such issuance wftb a request that Asuch preliminary ordinance, attached hereto as Exhibit A, be eonsidared for (~adoption by the City Council of the City; and WHEREAS, Section 474.01, subdivision ?b, of the Act provides that the City Council must conduct a public hearing on any proposal to undertake and finance & project; and WHEREAS, Section 474.01, subdivision ?b, of the Act provides that notice of the time and place of such public hearing and stating the general nature of ~ project and an estimate of the principal amount of bonds or other obligatiorm to be issued to finance the project must be published at least once not less than fifteen (15) days nor more than thirty (30) days prior to the date fixed for the public hearing in the official newspaper of the City and a newspaper of general circulation in the City; and WHEREAS, Section 474.01, subdivision ?b, of the Act provides that the notice must state that a draft copy of the proposed application (the "Application") to the Commissioner of Securities and Real Estate of the Securities Division of the Department of Commerce of the State of Minnesota for approval of the Project~ together with all attachments and exhibits, is on fLle with the City and avaLtable for public inspection; and WHEREAS, the Developer has presented to the City a form of public notice, attached hereto as Exhibit B, with a request that the City CouncLl establish a date for a public hearing on the proposal to undertake and finm~ce the Project and to authorize publication of the form of public notice provided by the Developer) NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council 'of the City will conduct a public hearing on the proposal to undertake and finance the Project on the 27th day of November, 1981. 2. The City Manager is hereby authorized to cause a public notice, substantially in the form of the notice attached hereto as Exhibit B, to be published in the official newspaper of the City and a newspaper of general circulation in the City. · 3. The City Manager is hereby authorized and directed to have available for public inspection in the offices of the City a draft copy of the proposed Application, tocether with all attachments and exhibits thereto. Passed this 9th day of November, 1981 Offered by: Heintz Seconded by: Norberg R~ll Call: Logacz, Heintz, Hentges, Nawrocki--aye Norberg--nay ~L~n t, Council Secretary Bruce G. Nawrocki, Mayor page 12 T~ other resolutions that were on the agenda were tabled until the next regular Council meeting; a resolution establishlng a zoning ordinance fee schedule and a resolution est- ablishing the 1~82 fee schedules for building construction, plumbing, heating, gas piping, air conditioning, refrigeration, wrecking and fl~ving fire suppression, end other related construction world. ' ~. CornmunTcatlons · . Planning & Zoning Commission 1. Ossma Abboud, 2301-A 37th Avenue, Conditional Use Permit "The request is being made to operate a restaurant et 2301-A 37th Avenue which is present- ly Daniel's Family Deli. The Planning & Zoning Commission felt the restaurant would not have an adverse parking effect on surrounding businesses. Hr. Abboud planned on having · sufficient seating to accommodate 48 persons. The Council discussed concerns it had with not meeting the parking ordinance requirements et considerable length. It wes determlned that if the seating accommodations were decreased to 36 persons If ~ould be liveable, ilo[ion by Heintz, second by Logacz to concur with the Planning & Zoning Commission recommendation and grant Issuance of the Condltlonal Use Permit. Roll call: Logacz, Hain[z, Hen[gas--aye Na~rockl--nay Norberg--abstain Hotlon passes Ho[ion by Helntz, second by Logacz that a nine car variance be granted upon payment of proper fee at 2301-A 37th Avenue Hotion to amend by Hen[gas, second by Norberg to reduce the seating capacity by twelve end also reduce the parking variance from nine to five. Roll call on amendment: Hen[gas, Norberg, Na~rockl--aye' Logacz, Hain[z--nay Ho[ion carries Roll call on amended motion: Norberg,Helntz Hen[gas--aye Logacz, Nawrocki--nay ~otion passes. ' !- flerbert Palm, 4~21 4th Street, Conditional Use Permit f~otion by Hain[z, second by Hen[gas to concur wlth the Planning & Zoning Commlsslon recommendation and grant the conditional use permit for building a 16 foot by 20 foot accessory building in the rear yard at 4~21 4th Street. Roll call: All ayes ~. Traffic Commission 1. Peters Piece-- 1~ Unit Apartment Site The Traffic Commission is recommending that a two-way traffic entrance and exit from Peters Piece be made to the apartment building and a potential alternate be made in ~he future if needed. This was an informational item. c. Petition for Referendum A petition was received by the Council requesting repeal of Ordinance No. ~75. The Council must decide whether to repeal the ordinance or parts of the ordinance or to reaffirm its prior action end order a special municipal election. Hotion by Norberg to repeal Ordinance No. 975. Ho[ion dies for lack of a second. Discussion followed as to the costs of this kind of an election end the setting of fate for the election to be held. The costs will be between $4,000 and $4,~00 and the fate established wes Tuesday, December ~otion by Norberg, second by Helntz that the City Councll reaffirm adherence to its >assage of Ordinance No.~75 and all the variances granted thereon for this parcel. 'he Chair ruled this motion out of order end the second was w~thdre~n. lotion by Hain[z, second by Hen[gas to reaffirm adherence to Ordinance No.~75. 'his motion was appealed to the Chair by Councilman Norberg. .oil cell on upholding the ruling of the chair. Logacz~ Hain[z, Hen[gas Na~rocki--aye orberg--nay · oi1 call on motion to reaffirm adherence to Ordinance #o.~?$. Logacz, Nelntz, Hen[gas awrocki--aye Norber~--nay · , NQvember 9, 1981 RESOLUTION 81-66 RESOLUTION ESTABLISHING A SPECIAL MUNICIPAL ELECTION WHEREAS: a petition was presented to the Columbia Heights Clty Council requesting repeal of Ordinance No.975, and, VHEREAS: said petition has been examined and found to bear sufficlent verified signatures to support the request, and, VHEREAS: the members of the Columbia Heights City Council have voted to decline to repeal Ordinance No.975 and to reaffirm their adherence to Ordinance No.975 THEREFORE, BE IT RESOLVED, that a special municipal election will be held on Tuesday, December 15, 1981, and that the monies for this election up to $4,500 be transferred from the General Fund Unallocated Fund Balance to the Election Fund. Passed this 9th day of November, 1981 Offered by: Helntz Seconded by: Hentges Roll Call: All ayes Bruce G. Nawrocki, Mayor do-Anne Student, Council Secretary d. Joint Cooperation Agreement--Anoka County Community Development Block Grant Program ~otlon by Hentges second by Heintz to authorize the ~ayor and City ~anager to execute a Joint Cooperation A~ree~ent between the City of Columbia H the purpose of particmpatmng In the Comm--~*- n .... ~ ........ eI?~s and_Anoka County for All ayes ..... · ~-~upmen[ elOCk urant Program. Roll call: e. League of Minnesota Cltles-Actlon Alerts Local Government Aids-Payment Delays or Cutbacks Thls was an informational item. Some Ideas where cutbacks or decreases could be made weodiscussed. No, ember S, 1981 page 14 fl~otion to dispense wlth the 11:30 rule Hotion by Heintz, second by Logacz to dispense with the 11:30 rule and continue until the agenda is completed. Roll call: Logacz, Helntz, Hentges, Nawrockl--aye Norberg--nay 8. Old and New Business a. Old Business 1. Keyes Park-- Astro City Playground Equipment ~otlon by Helntz, second by Logacz that the Council authorize the expenditure and locatlon of up to $$,000 ( half to come from the General Fund Enexpended Fuqd Balance and half to come from the Park Board Fund~ for the purchase of replacement parts and other ~terials need to reconstruct the structure in Huset Park. Roll call: Ali ayes 2. Appointment to Boards and Corrrn~ssions Vacancies exist on various boards and commissions. fiotion by Norberg, second by Hentges to table this item. Roll call: All ayes ~. New Business 1. Purchase of a BuTldlng for On-Sale Liquor Store The City Hanager had prepared a purchase agreement for a specific building in the City. It was generally felt this building needed more Inspection and a purchase agreement should not be Initiated at this time. flotlon by Helntz, second by Logacz to authorize the City I~anager to continue neg- otiatlons, but not to purchase and to seek additional information on the building. Councilman Hentges feels that the City should not be In the liquor business. Roll call: Logacz, Heintz, Nawrockl--aye Hentges--nay Norberg--abstaln 2. Electrical Change Order Sullivan Lake Park t~otion by Helntz, second by Hentges to authorize the City Manager to execute the change order # $ with Minnesota Valley Landscape Inc. in the amount of $2,ETg.4q. Roll call: Ali ayes ' 3. Request to Seek Bids for Electrical Work at the Municipal Service Center Hotlon by Helntz, second by Hentges to authorize the City Hanager to seek bids for various electrical work at the Hunicipal Service Center; such bids to be opened ~n December gth, and presented to the City Council on December lhth. Roll call: AIl lyes ~- Authorization to Purchase 12 TM Water Main Valvlng Assembly lotion by Helntz, second by Logacz to authorize the City Manager to purchase a 12't rater main valve assembly from ~ater Products Co. in the amount of $730 based upon ow, informal quotations. Roll call: All ayes · Authorization to Purchase Street Light Poles orion by Heintz, second by Hentges to authorize the City Manager to purchase street ight poles from Hillerbernd, Inc. in the amount of $620. Roll call: All ayes · Water Utility Rates for Consumers Outside the City Corporate Limits ~tlon by Melntz, second by Hentges to authorize the City Manager to negotiate with the ity of. New Brighton the sale of potable water to residents of New Brighton located Ff County Road E between Stinson Boulevard and Silver Lake Road; and furthermore, ~at the rate of $1 per 100 cubic foot be the water utility charge· Roll call: All ayes ~uncllman Norberg left the meeting at this time. Kegutar ~ounCJi heeling November ~), 1.08l 7- Establish l)ate for Public Hearing Regarding Proposed Storm 0rain·ge Improvements I~tion by Helntz, second by Log·cz to establish February I$, 1982 for · public hearing to be held at 8:00 pm for the purpose of considering storm drainage Improvements in Reservoir Boulevard-Clrcle Terrace area. call: Log·cz, He lntz, Nawrocki--aye Hentges--nay 8. Other New Business The Mayor had requested that the Planning S Zoning Commission look into the housing code regarding multiple dwelllngs. The Commission will receive this request at their next meeting from A! Carlson and their recommendations or comments will be brought 4)ack to the Counc ll Reports a. Report of the City Manager . This report was presented in written form. One Item that the City Manager wanted to draw to the attention of the Council was bls appointing Tom Rejzer ·s Park Superintendent. He asked that the Council concur with his appointment. I~otion by Heintz, second by Log·cz to concur wlth the City ~anager~s appointment of Tom Rejzer es Park Superintendent. Roll call: Log·cz, Helntz--aye Hentges, Nawrocki--nay The motion to concur with the appointment fails but the appointment is stlll in effect. b. Report of the City Attorney The City Attorney had been asked to draft a separate ordinance that would address "policing'e procedures for Cable TV. ~. Licenses I~otion by Log·cz, second by Hentges to grant the licenses es listed upon payment of p~.~er fee. Roll call: All ayes 1 Pa'yment of Bills ~Sotion by Hentges, second by Log·cz to pay the bllls as listed out of proper funds. Roll cai1: All eyes Adjournment ~totion by Hentges, second by Log·cz to adjourn the meeting at 2:03 am. Roll call: All eyes Bruce G. Nawrocki, ~ayor Jo-Anne Student, Council Secretary