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HomeMy WebLinkAboutOct 13, 1981Regular Council Meeting Columbia Heights City Council October 13, 1981 meeting was called to order at 8:00 pm by Council President Heintz. 1. Roll call: Logacz, Heintz, Hentges--present Norberg, Nawrocki--absent 2. Invocation The Invocation was offered by Fred Salsbury, Public Works Director. 3. Minutes of Previous Meetings Motion by Logacz, second by Hentges to approve the minutes of the September 28th Regular Council Meeting: the September 29th Continuation of the Reg- ular Council Meeting; and the September 29th Budget Hearing; as presented in writing and that the reading be dispensed with. Ro]l call: All ayes Mayor Nawrocki joined the meeting at 8:03 pm. 4. Oral Petitions There were no oral petitions. Ordinances and Resolutions a. Second Reading of Ordinance No.978 being an ordinance amending Ordinance No.853, City Code of 1977, pertaining to the rezoning of certain real estate. The purpose of this ord- inance is to rezone property located from the north boundary of Kentucky Fried Chicken Restaurant to 50th Avenue. 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. 978 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE REZONING OF CERTAIN REAL ESTATE The City Council of the City of Columbia Heights does ordain: Section 1: Ordinance No. 853, City Code of 1977, passed June 21, 1977, ~s herew/th amended to reflect the followins chan§e, to-wit: Plat No. 32686; Parcel No. 950 (4911 Central Avenue) Auditors subdivision no. 153; pt of lot 9 aud sub 153; th pt of sec 25 30 2h des as roi'to-wit eom et sw cor of nw ~ of sd sec 25, th · along s 1ina of nw ~ of sd sec 25 A dtst of 80 ft, th n along a 1ina pr11 with & 80 ft from w line of nw ~ of sd sec 25 a dist of 210 ~t to actual pt of beg, th n along same line extended a dis'of 83.33 ft, th · along a line prll with & 292.22 ft from s line of nw ~ of sd sec 25 a dist of 135 ft, th s along'a llne prll with & 215 ft from w line of sd sec 25 a dist of 83.33 ft, th w 135 ft to act pt of beg. Regular Council Meeting Octpber 13, 1981 page 2 Plat No. 32686; Parcel No. 805 (~955 Central Avenue) Auditor· ·ubdlvl·ion no. 153; th pt of lot Anoka :nty, HN desc. as fol-com 30 ft · of the ely line of the intersection of the ely llne of U.S. H~/ no. 65 (Central Avenue ne) with the ely line of 50th Ave N£ as dedicated in the plat of Hathalre-th s along a Jine 30 ft · of the ely line of ·d hwy a dis of 115.00 ft-th · prll to the · line of sd lot 9 a dist of 120.00 ft to the actual pt of beg-th cont · a dist of 15.00 ft-th n pr11 to the ely llne of sd hwy no 65 to the · line of 50th Ave NE-th wly along the · line of sd 50th Ave to a pt 120.00 ft · to the pt of eom- th s to the actualy pt of beg & th pt of lot 9 aud sub no 153 desc as fol-com 30 ft · of ely llne of intersection of ely llne of U.S. Hwy 65 (Central Ave NE) with ely line of 50th Ave NE as dedTcated in plat of HathaIre-th s along a line ft · of ely line of ·d hwy a dist of 115. ft-th · prll to · line of sd lot 9 a dist of 120 ft-th n prll to ely llne of sd hwy 65 to · line of sd 50th Ave NE-th wly along · line of sd $0th Ave NE to pt of beg. Plat No. 32686; Parcel No. 1200 (~915-~9~5 Central Avenue) Auditors subdivision no. 153; th pt of · 165 ft of w 215 ft of lot 9 aud sub 153 in n~ ~ of sec 25 30 2~ lying n of a line drawn pr11 to & 293.33 ft n of · llne of n~ ~ of ·d sec 25 & lying · of a line drawn pr11 to $ line of ·d lot S from a pt 30 ft · of ely rt-of-~ay line of US Hwy 65 & il5 ft s of sly llne of 50th Ave NE according to plat of Hathalre- · ubj to ease to :ity of :ol Hr· over w 30 ft for rd & util pur-. which is currently zoned "LB" Limited Business D/strict, is herewith Section 2: Section 3: rezoned to "AB" Retail Business District. The Official Zoning Map is herewith amended to reflect the said rezoning. This Ordinance shall be ~n full force and effect from and after thirty (30) days after its passage. First reading: Second reading: Date of passage: September 15, 1981 October 13, 1981 October 13, 1981 Offered by: Heintz Seconded by: Logacz Roll call: A11 ayes /-Anne Student, S~cretary to the Council Regular Council Meeting October 13, 1981 page 3 [' Second Reading of Ordinance No.981 being an ordinance conveying a reverter interest in '..tain real estate. The purpose of this ordinance Is to eliminate an encumbrance on the t~l~'le of the property owned by Douglas M and Elsie C. Bauley. Motion by Logacz, second by Hentges to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 98! B~INC AN ORDINANCE CONVEYING A R.EVER~ER INTE~ES~ IN CE[~AIN REAL ESTATE Sect/on 2: Section 3: The City Council of the City of Columbia Heights does ordain: Section 1: The City of Columbia Heights is hereby authorized to convey and quit claim to Douglas H. Bauley and Elsie C. Bauley, husband and vile, the following described property, That part of' Outlot A, 2nd Subdivision of Block F, Columbia Heights Annex to Minneapolis, that lies Vest of the Ves~ line of Lot ii, Block &, Colum- bia Heights Annex to Hinneapolts, extended Southerly to the South line of Outlot A, except/n/ therefrom that part of the above described tract vhtch is included in the following description: That part of Outlot A, Second Subdivision of Block F, Columbia Heights Annex according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for Anoka County, Hinnesota, described as follows: Co~encing at the North- ~est corner of said Outlot A, thence Easterly to the easterly line of Lot Twelve (12), extended, thence South at right angles One Hundred Forty-six (146) feet; thence ~est at right angles Two Hundred (200) feet; thence North at right angles Ninety-six (96) feet; thence ~est at right angles to the ~esterly line of said Outlot A, thence Northeasterly along the said Westerly line to the point of beginning, together vith that part of the South Half of 38-1/2 Avenue N.E., ~hich has been vacated lying Northerly of the tract of land above described. The above tract is subject to a continuous 15 foot vide easement for the installation and =aintenance of utilities along the Northerly lines and the Easterly line of said tract. The Hayor and City Hanager are herewith authorized to execute such docu- ments as are necessary to make the said conveyance. This ordinance shall be in full force and effect from and after thirty (B0) days after its passage. First reading: Second reading: Date of passage: September 28, 1981 October 13, 1981 October 13, 1981 Offered by: Seconded by: Hentges Roi1 call: Logacz All ayes the Council Regular Council Meeting October 13, 1981 page 4 C. First Reading of Ordinance No.982 being an ordinance amending Ordinance No.853, City Code of 1977, pertaining to Cable Communications Motion by Hentges, second by Logacz to waive the reading of the ordinance there being ample copies available to the public. Roll call: Ail ayes Because of the length of the ordinance it will be available for perusal at some of the more frequented public places in the City of Columbia Heights to satisfy the publication requirements. The places selected are as follows: J.P.Murzyn Hall, Anoka County License Bureau, Northeast State Bank, Columbia Heights City Hall, Columbia Heights Library, Park- view Vii)a, Heights Manor, Senior High School, Central Middle School, Columbia Heights Credit Union, Marquette State Bank, Anoka County Service Center, Liquor Store, 322-40th Avenue, Liquor Store, 5225 University Avenue United States Post Office, K-Mart and Mr. Steak Restaurant. ' , :d. Resolution 81-54 being a resolution establishing 1982 Business License and Permit Fees 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 81-54 ESTABLISHING 1982 BUSIh~SS LICENSE AR~ PEP. MIT FEES ~EREAS, Ordinance No. 853, City Code of 1977, pertaining to commercial licensing regulations provides for the establish- ~ng of annual license fees, and L~EREAS, a new schedule was recom=ending in the 1982 pro- posed budget, NOW, THEREFORE, BE IT RESOLVED that the attached proposed license and permit schedule be adopted to be effective upon its adoption. Offered by: Heintz Seconded by: Logacz Roll call: All ayes Date of passage: October 13, 1981 Bruce G. ~-"awrocki, Mayor °-~n~Te'-S~uaent~;~ecretary to the Council e. Resolution 81-55 bsing a resolution establishing Refuse Service Rates Motion by Heintz, second by Logacz to waive the reading of the reso)ution there being amp]e copies available to the pub]lc. Roll cal]: Al) ayes Discussion followed regarding the increase in rates and the establishing of the Iow- income resident (senior citizen) rate was set at $2.00 per month for those with an annual maximum household income of less than $8,000. The resolution was offered by Logacz, second by Heintz and a vote of al) ayes was given. Motion to reconsider resolution 81-55 by Hentges, second by Heintz. Roll ca)l: All ayes Motion to amend by Hentges, second by Heintz to delete in the section of the resolution that Regular Council Meeting October 13, 1981 page 5 addresses private residences rates "three family buildings".Roll call on amendment: All ayes P. ESOLUTI0~ 81-55 ESTABLISHING REFUSE SERVICE ~~, Ordinance No. 853, City Code of 1977 (as anended), perts~aing to Garbage and Rubbish Service provides for the setting of appropriate rates for the services rendered, and k'HEREAS, the City has negotiated new rates with HCS Refuse, Inc., to provide refuse collection service in the City of Columbia Heights, Nov, Therefore, Be It RESOLVED, that the following Refuse Service Rates be adopted and to be~ effective on December 1, 1981. (for services being rendered as of this date) RFSI DFNTIAL S I"-RVI C~_ Private Residences (and in additional dwelling unit in tvs family buildlngs) with one pick-up per week Senior Citizens (for iow-income residents over 62 years of age and a maximum house- hold income of less than $ 8~000 per year) with one pick-up per week MULTIPLE D~LLING SERVICE $ 5 . 50 /,,on th $ 2. O0/month I - 1 Cubic Yard Vat with 1 pick-up per week with 2 pick-up per week 2 - 1 Cubic Yard Vat with 2 pick-up per week 2 - 1% Cubic Yard Vat with 1 pick-up per week 1 - t Cubic Yard Vat with 1 pick-up per week with 2 pick-up per week with 3 pick-up per week 2 - I Cubic Yard Vat with 3 pick-up per week $ 27.50/month $ 36.00/month $ 72.50/month $ aS.00/month $ ~5.00/mon~h $ 82.50/mont.h $120.00/month $2~0.00/month BE IT FURTHER RESOLVED, that all the foregoing rates are established in order to meet the additional cost of the City of Columbia Heights for these respective service, s. Regular Council Meeting October 13, 1981 page 6 ?assed t~ls Offered by: Seconded Roll Cal2: day of October, 19~1. Logacz fleintz All ayes 6. Communications a. Planning and Zoning Commission h q t t ~ Cond~tJonal Use Permit · sory structure in his ..... ~ use. pa[mit to allow the .._ -=ar yaro at 240 44th Avenue construction of a 16'x21:' motJon by Logacz,.second by Hentges to grant the conditional use permit to for the construction of an accessory structure at 240 4Z:th Avenue. Roll calKevin Fuchs !: Al/ ayes 2. Stephen Paulus, 4509 Heights Drive, Variance Mr. Paulus is appealing the den permit a section of his eave toiai from the p & Z for a 3.5' side yard setback variance to extend to his side property ] reason for appealing the denial and the attorney representingina' Mr. Paulus explained his this variance~spoke for h~s clients, his ne~ghborsjwho are against ~otion by Heint=, second by Hentges to concur with the Planning & Zoning Commission to ~eny the appeal. Roll cell: All ayes 3. Emanual Villafona, 2015 Innsbruck Parkway, Variance Mr. V~llafona is appealing the denial to h~s request for a variance from the Planning & Zoning Commission. Mr. Villafona,s representative gave the specifics of the request. Motion by Hentges, second by Logacz to grant approval of the request for the rear yard setback based on the irregular shape of the lot. Roll call: All ayes h. Jerry Szurek, 4233 Madison Street, Variance Motion by Hentges, second by Heintz to grant the variance, as recommended by the Planning & Zoning Commission, for a six foot setback variance from the alley to construct a 22' x 22' detached garage at 4233 Madison Street. Roll call: All ayes b. Traffic Commission l. M.T.C. Bus Route # 18-C-D-E As a point of information the Mayor advised the Council that the route for this line is back to its original place. It had been changed twice before and now has been changed a third time by reinstating the original route. The Mayor was advised of this last change only recently. s. Management Letter Regarding 1980 Audit of Financial Records The City Manager reviewed the auditor's recommendations. The Mayor questioned the cred- ibility of the audit when it is submitted to the City Manager before it is viewed by the :;ty Council and the public. This item was for informational purposes I. Old . _____~nd New Business · Did Business Regular Council Meeting October 13, 1981 page 7 1. Library Building--Basement Modifications ion by Heintz, second by Logacz to authorize the Mayor and City Nanager to execute an ~ement with Toltz, King, Duva11, Anderson and Associates to prepare a preliminary design and other work as assigned, including the sprinkler system, regarding the Library Building modifications/improvements in conformance with the revised proposal dated September 25, 1981, at a cost of services not to exceed $3,000. Roll call: All ayes 2. Appointments to Boards and Commissions Motion by Hentges, second by Logacz to appoint the following persons to commissions: John Dobis, Planning & Zoning James Lucke, Traffic Sharon Provart, Human Services Larry Betzold, Human Serv.ices Roll call: All ayes b. New Business 1. Establish Date for Hearing to Consider Special Assessment Levies Motion by Heintz, second by Hentges,to establish an assessment hearing on November 24th at 7:30 pm to consider special assessment levies. Roll call: AIl ayes 2. Merit Increase--Joanne Scudder Motion by Heintz, second by Logacz to authorize the payment of a 4~ merit adjustment to Joanne Scudder based upon satisfactory performance. Roll call: All ayes 3. Appointment of Acting City Clerk/Treasurer and Deputy City Clerk on by Heintz, second by Hentges to concur with the appointment of Robert S. Bocwinski, ng City Clerk/Treasurer and William Elri(e, Depute City Clerk. Roli call: Al1 ayes 4. Purchases a. Motor Oil Motion by Logacz, second by Heintz to authorize the City Manager to purchase 1,000 gallons of Univerzoil Super HD (SF-SE-CD) Series 3 Motor Oil from Gopher State Oil Co. for a unit price of $2.61 per gallon or a total of $2,610, based upon low, informal quotation. Roll call: All ayes b. Postage Machine Motion by Heintz, second by Logacz to authorize the City Manager to purchase Model 5600 Pitney-Bowes in the amount of $2,651; and to enter into an annual maintenance agreement in the amount of $149; and annual meter rental in the amount of $192; based upon low, informal quotation. The City Manager expiained the features of the machine and gave council members brochures of other machines that had been considered. Discussion followed regarding the expectations of a machine that would be used in City Hall. Motion by Hentges, second by Heintz to table this matter until the next regular meeting for additional information. Roll call: All ayes 5. Write Off of Bad Checks--Liquor Operations These checks have proven to be uncol)ectable as a result of insufficient funds, closed accounts, forged checks or stolen checks. Motion by Heintz, second by Logacz to authorize the write-off of $1,006.29 in bad checks. call: Logacz, Heintz, Nawrocki--aye Hentges--abstain Regular Council Meeting October 13, 19~I page 8 6. Job Description--City Clerk/Finance Director There was considerable discussion regarding the proposed revisions to this job description Motion by Heintz, second by Logacz to concur with the changes indicated on the job descrip- tion for City Clerk/Finance Director by the City Manager. In the qualifications section of the job description it was agreed experience in fund accounting instead of government would be more desirable. Motion to amend by Nawrocki, second by Hentges to delete the words "in addition" in the second paragraph of the qualifications. Roll call: Logacz Nawrocki Hentges--aye Heintz-- ~ay , , Roll call on amended motion:. All ayes Recess: 9:20 Reconvene: 9:40 7. Conferences and Seminars Motion by Hentges, second by Logacz to authorize the attendance of Don Johnson, Fire Chief, at the Minnesota State Fire Chief's Association Annual Meeting and Fall Confer- ence, on October 15-17, 1981, in Albert Lea, Minnesota; and that expenses of $233 be reimbursed. Roll call: Logacz, Hentges, Nawrocki--aye Heintz--nay 8. Seek Bids for Para-Transit Program Motion by Heintz, second by Logacz to authorize the City Manager to go out for bids for .the Para-Transit Program. Roll call: All ayes ~. Amending Development Agreement with Terry Evenson for the Columbia Heights Mall The City Attorney explained the need for this amendment to the agreement. Motion by Hentges, second by Logacz to approve the proposed amendments to the Letter of Credit Agreements regarding the Columbia Heights Mall and Evenson projects as pro- posed by attorney Charles R. Hagnor on October 12, 1981. Roll call: All ayes 1D. Publication of the Cable TV Franchises The City Attorney advised the Council a formal motion should be made adopting places for publication for the Cable TV franchise ordinance. Motion by Heintz, second by Logacz to adopt the list of the seventeen most public places in Columbia Heights supplied by the City Manager as places that may be designated for the publication of the Cable Television Franchise ordinance. Roll call: All ayes 8. ~eports a. Report of the City Manager This report was presented in writing. The City Manager reviewed all of the items in the report b. Report of the City Attorney The City Attorney advised the Council of the closing date on the Mall and Evenson properties. He also reported on a lawsuit the City had been involved in earlier in the month with the Peters Plece Committee concerning a seventeen-unit apartment building. ~. Licenses ~mion by Heintz, second by Logacz to grant licenses as listed upon proper payment of fee. Roll call: All ayes Rdgular Council Meeting October 13, 1981 page ~ Payment of Bills ion by Heintz, second by Logacz to pay the bills as listed out of proper funds. Roll call: All ayes Adjournment Notion by Heintz, second by Logacz to adjourn the meeting at o-Ann~ Student, Council Secretary 10:i5 pm. Roll call: Alii' ayes 'Bruc~'G. Nawrocki, Mayor