HomeMy WebLinkAboutJul 27, 1981 (2)Official Proceedings
Columbia Heights City Council
Regular Meeting
July 27, 1981
The meeting was called to order by Mayor Nawrocki at 8:03 pm.
1. Roil Call: Logacz, Heintz, Norberg, Hentges, Nawrocki--present
2. Invocation The Invocation was offered by Councilman Norberg.
3. Minutes of Previous Meetin~
Motion by Heintz, second by Logacz to approve the minutes of the Regular Meeting of
July 13th as presented in writing, and that the reading be dispensed with. Roll call:
All ayes
4. Public Hearin~
1513 37th Avenue
The purpose of the public hearing is to present the information to the Counci! that
would support the City's position regarding the building located at this address.
The position of the City is that the building constitutes a fire hazard and a hazard
to the public safety and health. Steve Halsey gave additional background information
on this matter. Two property appraisers gave their e~aiuations, based on on-premise
inspections of the condition of the property. They also submitted their testimony
in writing. Ms. Patricia Doschadis, owner of the property at 1513 37th Avenue,
has employed the services of an attorney. Due to a family emergency he was not ab)e
to attend this public hearing. The Mayor felt it would do all of the parties a
disservice if all of the legal counsels were not in attendance even though this matter
had been under consideration for a considerable length of time. Councilman Heintz
was of the opinion that it had gone on long enough and Ms. Doschadis's lawyer had
not attended much of any of the proceedings thus far.
Motion by Norberg, second by Logacz to continue this hearing until the next regular
Council meeting on August 10th. Roll call: Logacz, Norberg, Hentges Nawrocki--aye
Heintz--nay '
5. Oral Petitions
There were no oral petitions at this time.
6. Ordinances and Resolutions
a. Second Reading of Ordinance No.957 being an.ordinance amending Ordinance No.853,
City Code of 1977, pertaining to rezoning of certain real estate.
This ordinance would accomplish a change in zone from Limited Business to Retail
Business for parcels located at 4901 and 4905 Central Avenue. The consideration of
this ordinance had been continued from the Council meeting of July 13th at which time
the reading had been waived. The public hearing on this ordinance had been continued
at the request of the Mayor so that all of the residents whose properties abutted
these parcels could be notified that this rezoning was being considered. Councilman
Heintz feels the entire area should be considered for rezoning, not just these two
parcels.
Motion by Heintz, second by Norberg to table this matter and refer to the Planning &
Zoning Commission for further considerations. Roll call: Heintz--aye Logacz, Norberg,
Hentges, Nawrocki--nay Motion fails.
ORDINANCE NO. 957
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY
CODE OF 1977, PERTAINING TO THE REZONING OF CERTAIN
REAL ESTATE '
Regular Council Meeting
July 27, 1981
page 2
The City Council of the City of Columbia Heights does ordain:
Section 1: Ordinance No. 853, City Code of 1977, passed June 21, 1977, is herewith
amended to reflect the following change, to-wit:
That part of Lot 10, Auditor's Subdivision No. 153, described
as follows: The South 115 feet of the East 165 feet of the
west 215 feet of the southwest quarter (SW 1/4) of the north-
west quarter (N-W 1/4) of Section 25-30-24, except that part
taken off the south side for County highway purposes, subject
to utility easement over the West 30 feet (4901 Central Avenue);
and the East 165 feet of the West 215 feet of the North 95 feet
of Lot 10, Auditor's Subdivision No. 153, subject to sewer and
water easement over the West 30 feet to the City of Columbia
Heights (4905 Central Avenue).
which is currently zoned "LB", Limited Business District, is herewith
rezoned to "}LB", Retail 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:
June 8, 1981
July 27, 1981
July 27, 1981
Offered by:
Seconded by:
Roll call:
Logacz
Hentges
Logacz, Norberg, Hentges, Nawrocki--aye ~ei~ntz--nay
Bruce G. Nawrocki, Mayor
J,.~o-Anne Student, ~e.c~etary
/// to the Council
b. Second Reading of Ordinance No.959 being an ordinance amending Ordinance No.853,
City Code of 1977, pertaining to the rezoning of certain real estate. The parcel
involved in this ordinance is located at 4911 Central Avenue and the owner is
Mr. Robert Proft. Mr. Proft is asking that his property be rezoned from Limited
Business to Retail Business.
Motion by Logacz, second by Hentges to waive the reading of the resolution there
being ample copies available to the public. Roll call: All ayes
Councilman Norberg felt, in light of what had been done with Ordinance No.957 this
ordinance should also be subject to a reviewel.
Motion by Norberg, second by Heintz to refer this ordinance to the Planning and Zoning
Commission for their recommendation. Roll call: Norberg--aye Logacz, Heintz, Hentges,
Nawrocki--nay Motion fails.
Regular Council Meeting
July 27, 1981
page 3
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, is here$ith
amended to reflect the following change, to-wit:
That part of Section 25, Township 30, Range 24, described as follows,
to-wit: Commencing at the Southwest corner of the Northwest Quarter
of said Section 25; thence East along the South line of the Northwest
Quarter of said Section 25 a distance of 80 feet; thence North along
a line parallel with and 80 feet from the West line of the Northwest
Quarter of said Section 25, a distance of 210 feet to the actual point
of beginning; thence North along the same line extended, a distance of
83.33 feet; thence East along a line parallel with and 293.33 feet
from the South line of the Northwest Quarter of said Section 25, a dis-
tance of 135 feet; thence South along a line parallel with and 215 feet
from the West line of said Section 25, a distance of 83.33 feet; thence
West 135 feet to the actual point of begi.nning.
The above described tract now being know~ as a part of Lot 9, Auditor's
Subdivision No. 153, according to the duly recorded plat thereof on
file and of record in the office of the County Recorder in and for
Anoka County, Minnesota.
which is currently zoned "LB", Limited Business District, is herewith
rezoned to "kB", Retail 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:
June 8, 1981
July 27, 1981
Offered by:
Seconded by:
Roll call:
Logacz
Hentges
Logacz, Hentges, Nawrocki--ave
Heintz. Norbero--nay Mnti~n fails
Bruce G. Nawrocki, Mayor
Jo-Anne Student, Secretary to the Council
Motion by Norberg, second by Hentges to direct the Planning and Zoning Commission to
review the zoning of the remainder of the block (east of Central Avenue between 49th
and 50th) except that property spoken to in Ordinance No.957. Roll call: Logacz,
Norberg, Hentges, Nawrocki--aye Heintz--nay
Regular Council Meeting
July 27, 1981
page 4
c. Second Reading of Ordinance No.960 being an ordinance amending Ordinance No.853,
City Code of 1977, pertaining to prohibition of motorized vehicles on sidewalks and
highway traffic regulations.
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
Motion to amend by Norberg, second by Hentges to include in Section 1, paragraph 2
the following words "or unpaved public right of way or pathway". Roll call on amend-
ment: Norberg, Hentges--aye Logacz, Heintz, Nawrocki--nay Amendment fails.
ORDINANCE NO. 960
BEING AN ORDINANCE A~ENDING ORDINANCE NO. 853, CITY CODE OF 1977,
PERTAINING TO PROHIBITION OF MOTORIZED VEHICLES ON SIDEWALKS AND
HIGHWAY TRAFFIC REGULATIONS
The City Council of the City of Col,-~hia Heights does ordain:
Section 1:
Section 7.204(9) of Ordinance No. 853, City Code of 1977, passed June 21,
1977, which is currently reserved, is herewith amended to read as follows,
to-wit:
"7.204 (9)
No person shall drive or operate a motor vehicle, including motor-
cycles, motorized bicycles, or motor scooters, upon any sidewalk
at any time within the City except when such operation is necessary
for the most direct access to a roadway from a driveway, alley or
building."
Section 2:
Section 7.101(1) of Ordinance No. 853, City Code of 1977, passed June 21,
1977, as amended August 9, 1979, by Ordinance No. 904, which reads as
follows, to-wit:
"The Minnesota Highway Traffic Regulation Act, enacted as Minnesota
Statutes Chapter 169, together with all amendments thereto through
1979, is hereby adopted by reference and made a part hereof as if
fully set forth herein. Minnesota Statutes Chapter 171, Drivers Li-
censes and Driver Training Schools, together with all amendments
thereto through 1979, is hereby adopted by reference as if fully set
forth herein. Minnesota Statutes Chapter 168, Motor Vehicles, to-
gether with all amendments thereto through 1979, is hereby adopted
by reference as if fully set forth herein."
Section 3:
is herewith amended to read as follows, to-wit:
"The Minnesota Highway Traffic Regulation Act, enacted as Minnesota
Statutes Chapter 169, together with all amendments thereto through
1981, is hereby adopted by reference and made a part hereof as if
fully set forth herein. Minnesota Statutes Chapter 171, Drivers Li-
censes and Driver Training Schools, together with all amendments
thereto through 1981, is hereby adopted by reference as if fully set
forth herein. Minnesota Statutes Chapter 168, Motor Vehicles,
.~ether with all amendments thereto through 1981, is hereby adopted
by reference as if fully set forth herein."
This Ordinance sha/1 be in full force and effect from and after thirty (3(
days after its passage.
Regular Council Meeting
July 27, 1981
page 5
First reading:
Second reading:
Date of passage:
June 22, 1981
July 27, 1981
July 27, 1981
Offered by: Heintz
Seconded by: Hentges
Roll call: Logacz, Heintz, Hentges
Nawroc k i --aye
:C, - F~._, Norberg--nay
~'o-An~e Student, Secretary to the Council
Bruce G. Nawrocki, Mayor
d. Second Reading of Ordinance No. 962 being an ordinance amending Ordinance No.853,
City Code of 1977, conveying certain real estate to the HRA of Columbia Heights.
Motion by Heintz, second by Hentges to waive the reading of the ordinance there being
ample copies available to the public. Roll call: Ail ayes
The City Manager told the Council the sale price for this 20' x 128' parcel be put
at $1.00 since it does not meet City requirements and is not buildable. Councilmen
Norberg and Hentges feel that the HRA should pay the fair market value of the pro-
perty. Computed at $3.00 per square foot the purchase price would be $7,680.
Motion to amend the purchase price from $1.00 to $7,680.'~y Norberg, second by Hentges.
Roll call on amendment: Norberg, Hentges--aye Logacz, Heintz, Nawrocki--nay Motion fails.
Motion to table by Norberg, second by Hentges for a fair market appraisal. Roll call:
Norberg, Hentges--aye Heintz, Logacz, Nawrocki--nay Motion fails.
ORDINANCE NO. 962
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF
1977, CONVEYING CERTAIN REAL ESTATE TO THE HOUSING AND
REDEVELOPMENT AUTHORITY OF COLUMBIA HEIGHTS, MINNESOTA
The City Council of the City of Columbia Heights does ordain:
Section 1:
The City of Columbia Heights shall sell and convey to the
Housing and Redevelopment Authority of Columbia Heights,
Minnesota, the following-described real estate being in the
County of Anoka, State of Minnesota, to-wit:
The Westerly 20 feet of Lot 34, Block 5, "Reservoir
Hills", according to the plat thereof on file and of
record in the office of the County Recorder in and for
Anoka County, Minnesota.
Section 2:
The Mayor and City Manager are herewith authorized to execute
Quit Claim Deeds to effect the conveyance of the City's pres-
ent interest and any and all interest acquired by the City of
Columbia Heights subsequent to the effective date of this
ordinance in a condemnation proceeding and/or adverse
possession action to be commenced against the record owners
of the property and their heirs
Section 3:
Section 4:
The purchase price shall be $1_nn ·
This ordinance shall be in full force and effect from and
after thirty (30) days after its passage.
Regular Council Meeting
July 27, 1981
page 6
First reading:
Second reading:
Date of passage:
Offered by:
Seconded by:
Roll call:
July 13, 1981
July 27, 1981
July 27, 1981
Hentges
Heintz
Logacz, Heintz, Nawr~i--aye/~l
orberg, ~entges--nayt
Bruce G. Nawrocki, Mayor
..Jo-Ann~ Student,
/ Secretary to the Council
There was some question if this resolution was passed on a three to two vote. The City
Attorney advised the Council that it was.
e. First Reading of Ordinance No. 961 being an ordinance, amending Ordinance No. 853,
City Code of 1977, conveying rea] estate to the HRA of Co]umbla Heights. This ordinance
deals with the conveyance of the City's municipal liquor store and parking lot to
the HRA.
Motion by Heintz, second by Logacz to waive the reading of the ordinance there being
ample copies available to the pub]ic. Roll call: All ayes
ORDINANCE NO. 961
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF
1977, CON%~YING CERTAIN REAL ESTATE TO THE HOUSING AND RE-
DEVELOPMENT AUTHORITY OF COLUMBIA HEIGHTS, MI5~ESOTA
'The City Council of the City of Columbia Heights does ordain:
Section 1:
The City of Columbia Heights shall sell and convey to the Housing and
Redevelopment Authority of Columbia Heights, Minnesota the following
described real estate being in the-County of Anoka, State of Minnesota,
to-wit:
South One-half (S 1/2) of Lot Sixteen (16) except the South
Forty-two feet (S 42') and except the East Forty feet (E 40')
thereof, Block Five (5); South One-half (S 1/2) of Lot Seventeen
(17) except the South Forty-two (S 42'), Block Five (5); Reser-
voir Hills, Columbia Heights, Anoka County, Minnesota, according
to the map or plat thereof on file and of record with the Register
of Deeds of said County and State.
~eing Registered Land as is evidenced by Certificate of Title No.
39991
Subject to reservation by the State of Minnesota in trust for tax-
ing districts concerned of minerals and mineral rights as provided
by law.
Regular Council Meeting
July 27, 1981
page 7
Section 2:
Lots 28 and 29, Block 5; That part of Lot 18, Block 5 described as
follows: Commencing at the Southeast corner of said lot; thence
west along the south line thereof to the Southwest corner of said
lot; thence North along the West line of said lot to the Northeast
corner of Lot 26, Block 5; thence directly East to tnterBect the
East line of Lot 18; thence South along the East line of Lot 18 to
the point of beginning, "Reservoir Hills" according to the map or
plat thereof on file and of record in the office of the County Re-
corder in and for Anoka County, Minnesota
The Mayor and City Manager are herewith authorized to execute Quit Claim
Deeds to effect the conveyance of the City's interest in the said pro-
perties.
Section 3: The purchase price shall be $
Section 4: This ordinance shall be in full force and effect from
and after thirty (30) days after its passage.
First reading: July 27, 1981
Second reading:
Date of passage:
Offered by:
Seconded by:
Roll call:
Bruce G. Nawrocki, ~yor
Jo-Anne Student, Secretary to the Council
No sales price for this property was determined at this time.
f. First Reading of Ordinance No. 963, being an ordinance amending Ordinance No.853
City Code of 1977, pertaining to arcades '
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
In Section 5.411 (7) m the word "been" is to be deleted
ORDINANCE NO. 963
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF
1977, PERTAINING TO ARCADES
The City Council of the City of Columbia Heights does ordain:
Section 1:
Section 5.411 of Ordinance No. 853, City Code of 1977, passed June 21,
1977, which is currently reserved, shall hereafter read as follows,
to-wit:
5.411 (1)
5.~,ll (2)
Mo person shall operate an arcade without 'first paying a license fee and
obtaining and having a current license as herein provided. The license
required under this section shall be in addition to any license or li-
censes required to be obtained under any other provision of this Code.
For the purpose of this section, the term "arcade" shall mean any building,
structure or tract of land which has as its principal use or activity the
providing of any of the following or any combination of any of the follow-
ing amusements:
Regular Council Meeting
July 27, 1981
page 8
(a) Billiard, pool, foosball, air hockey or pigeon hole tables;
(b) Pinball machines
(c) Shooting gallery machines
(d) Any electric or electronic device or game patterned after table
tennis, hockey, and similar games, including electric rifle
or gun ranges
(e) Any other mechanical or electrical device which is designed to be
played by a contestant or contestants and upon which the con-
testants receive a score or rating based upon their performance.
5.411 (3)
Any person desiring to operate an arcade or to renew his license to con-
duct such activity shall file with the Clerk an application on forms pro-
vided by'the Clerk for that purpose. The application form shall contain
the following, together with any other information which the City Manager
may require:
(a) Name and address of applicant;
(b) Address of the proposed arcade, and a diagram of the proposed
floor plan of the premises;
(c)
The name and address of all persons owning or having an interest
in the licensed premises and in the proposed business. In the
case of a corporation, this shall include the names and addresses
of the officers and directors of the corporation and all share-
holders who own alone or in conjunction with their spouse or child-
ren more than 10% of the issued shares of corporate stock;
(d)
If the licensed business is owned by a corporation, a copy of the
certificate of incorporation, articles of incorporation and by-
laws of the corporation;
(e) The name and address of the manager or managers who will supervise
the licensed activity;
(f)
Whether aqy of the persons listed in paragraphs (a), (c), or (e) of
this subdivision have been engaged in the business of operating
an arcade in the last five years;
(g)
~ether any of the persons listed in paragraphs (a), (c), or (e) of
this subdivision have been convicted of a crime or have had an
application for an arcade license denied, revoked or suspended
within the last five years;
5.411 (4)
(h) The applicant's plan of security for the licensed premises.
The license fee shall be for the calendar year and must accompany the
license application. The license fee shall be set by annual resolution
of the Council which may set a higher fee for the first year than for
license renewals.
5.411 (5)
All applications for licenses shall be referred to the Chief of Police
and to such other persons on the City staff as the City Manager shall
deem necessary for investigation and recommendation. The persons to
whom an application has been referred shall make their report and recom-
mendatio~ in writing.
Regular Council Meeting
July 27, 1981
page 9
Upon receipt of the written reports and recommendations, the City ~tnaI
ger shall cause to be published in the official newspaper, at least
10 days in advance, a notice of public hearing to be held by the City
Council setting forth the day, time and place when the hearing will be
held, the name of the applicant and the location where the business is
to be conducted.
The application, together with the City Manager's recommendation, shall
be submitted to the City Council at the hearing. After the hearing,
the Council may grant or deny the license. In granting the license,
the Council may impose special conditions if it deems such conditions to
be necessary because of particular circumstances related to the applica-
tion.
5.411 (6)
Existence of any of the following conditions shall render the applicant
ineligible for a license, to-wit:
(a)
(b)
(c)
(d)
If the applicant or the manager of the licensed business is:
(i) under 21 years of age;
(ii) an alien;
(iii) a foreign corporation;
If the applicant, manager, or persons owning the licensed activity:
(i) is not a person of good moral character and repute;
(ii) has been convicted of an offense which relates to the conduct
of the licensed business;
has operated a similar business elsewhere which operation did not
substantially comply with the provisions of this section relating
to the manner in which the business is conducted;
has been denied a license to conduct a like or similar activity or
has had such license suspended, revoked or canceled.
5.411 (7)
Issuance and retention of licenses shall be subject to each of the follow-
ing conditions, to-wit:
(a)
(b)
Only premises which are within commercial districts of the City
may be licensed. No premises may be licensed if any part of
the parcel of land upon which the premises are located is with-
in one hundred fifty feet (150') of any residential district
or within three hundred feet (300') of any school or church;
No premises may be licensed unless sufficient visibility exists
from outside the entrance to the premises for a person of average
stature to visually survey the entire premises and all possible
locations of patrons therein;
(c)
(d)
The consumption of alcoholic beverages, whether classified as in-
toxicating or non-intoxicating, or the use of any controlled
substance upon any part of the licensed premises is prohibited;
No person under the age of 17 years shall be permitted to remain
on any part of the licensed premises after 10:00 o'clock p.m.
unless accompanied by his parent or legal guardian;
Regular Council Meeting
July 27, 1981
page l0
(e)
No person under the age of 14 years shall be permitted to enter or
remain upon any part of the licensed premises unless accompanied
by his parent or legal guardian;
(f)
Adequate off street parking for automobiles must be provided in com-
pliance with the current City Code requirements. Additionally,
the licensee shall provide bicycle racks for at least twenty (20)
bicycles which shall not be substituted for required automobile
parking;
(g)
The licensed premises shall fully comply with all applicable State
and local regulations dealing with health, zoning and building
requirements;
(h) The'licensee shall be responsible for maintaining order on all parts
of the licensed premises.
5.411 (8)
(i)
(j)
(k)
Only amusements with a current valid Columbia Heights license sticker
attached may be offered for use or kept on the licensed premises;
No wagering or betting for a consideration or any other gambling
shall be permitted on the licensed 'premises.
The licensed activity shall be conducted in such a manner and located
in such a place so as not to be likely to result in injury or dam-
age to persons or property in the neighborhood or injurious, annoy-
ing or disruptive to patrons of other businesses located in the
area. Sound emitted at any point of the perimeter of the licensed
premises may not exceed the sound allowed at any lot line in ac-
cordance with Section 9.117(9) of this Code.
(1) The applic.ant or manager designated in the license application shall
be present on the premises during all times the premises are open.
No new manager may be placed in supervision of the premises until
he has been approved by the City Council;
(m) A uniformed Columbia Heights peace officer shall be present on the
premises~during all times that the premises are open. No peace
officer shall be required to serve on the premises except with
the approval of the Chief of Police and only when the licensee
has paid in advance for such service.
At the time of filing an application for license under this section, the
applicant shall file a bond with a corporate surety with the City Clerk
in the amount of $5,000.00. Alternatively, the applicant may file a
cash bond in the same amount. All such bonds shall be kept in full force
and effect throughout the license period and shall be conditioned as fol-
lows:
(a) The licensee shall obey the laws relating to the licensed business;
(b) The licensee shall pay to the Cit~ when due all taxes, license
fees, penalties and other charges provided by law;
(c) In the event of violation of any law relating to the business
for which the license has been granted, the bond shall be for-
feited to the City.
Regular Counci! Meeting
July 27, 1981
page ll
5.411 (9)
The license may be revoked or suspended in accordance with this Chapter
whenever the licensee, its owner, manager, or any of its employees or
agents have engaged in any of the follow-lng conduct:
(a) Fraud, deception or misrepresentation in connection with the
securing of a license;
(b) Conduct inimical to the interests of public health, safety and
welfare;
(c)
(d)
(e)
Conduct involving moral turpitude;
Conviction of an offense involving moral turpitude by any court
of competent jurisdiction;
Failure to comply with any of the provisions of this section or
engaging in conduct which would be grounds for denial of an initial
application for licensure.
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:
July 27, 198]
Offered by:
Seconded by:
Roll call:
Bruce G. Nawrocki, Mayor
Jo-Anne Student, Secretary to the Council
g. Resolution 81-42 being a resolution establishing the salary and vacation accrual
of the City Manager
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-'42
BEING A RESOLUTION ESTABLISHING THE SALARY AND VACATION
ACCRUAL FOR THE CITY MANAGER
BE IT HEREBY RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
COLUMBIA HEIGHTS establish the salary for the position of
City Manager to be $39,022 per year; and that this rate be
effective as of April 3, 1981;
BE IT FURTHER RESOLVED that vacation accrue at the rate of
15 days annuall'~.
Regular Council Meeting
July 27, 1981
page 12
Passed this
27 day of July, 1981
Offered by:
Seconded by:
Roll Call:
Heintz
Logacz
Logacz~ Heintz, Norberg~'-aye~ Hent§es~ Nawrocki--nay
Bruce G. Nawrocki, Mayor
,. ~o-Ann~ Student, Secretary
'~' to the Council
h. Resolution 8t~43 being a resolution establishing the salary for tour duty of
Volunteer Firefighter
Motion by Norberg, second by Hentges to waive the reading of the resolution there
being ample copies available to the public. Roll call: All ayes
RESOLUTION 81- 43
BEING A RESOLUTION ESTABLISHING THE SALARY FOR TOUR DUTY
OF VOLUNTEER FIREFIGHTERS
BE IT HEREBY RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
COLUMBIA HEIGHTS establish the salary for tour duty of
volunteer firefighters to $3.35 per hour; and that this
rate be effective as of August 1, 1981.
Passed this 27 day of July, 1981.
Offered by: Norber9
Seconded by: Hentges
Roll Call: All Ayes
//i/Secret~ry to the Cou~:il
?
Bruce ~. Nawrocki, Mayor
Regular Council Meeting
July 27, 1981
page 13
1. Resolution 81-44 being a resolution approving amended forms of the indenture
of trust and the loan agreement for $4,500,000 (Columbia Heights Mall Project)
Motion by Norberg, second by Hentges to waive the reading of the resolution there
being ample copies available to the public. Roll call: All ayes
CERTIFICATION OF MINUTES RELATING T-O
$4,500,000 COMMERCIAL DEVELOPMENT REVENUE BONDS
(COLUMBIA HEIGHTS MALL PROJECT), SERIES 1981
Issuer: City of Columbia Heights, Minnesota
Governing Body: City Council
Kind, date, time and place-of meeting: a meeting held on h.,y 77 , 1981, in the
City of Columbia Heights, Minnesota. .....
Members present:
Councilmen Logacz,
Members absent:
None
Documents attached:
Heintz, Norberg, Hentges and Mayor Nawrocki
Minutes of said meeting (pages):
OF THE CITY OF COLUMBIA
A RESOLUTION HEIGHTS,
MINNESOTA APPROVING AMENDED FORMS OF THE INDENTURE
OF TRUST AND THE LOAN AGREEMENT FOR $4,500,000 CITY OF
COLUMBIA HEIGHTS, MINNESOTA, COMMERCIAL DEVELOPMENT
REVENUE BONDS (COLUMBIA HEIGHTS MALL PROJECT), SERIES
1981
I, the undersigned, being the duly qualified and acting Clerk-Treasurer of
the City, certify that the documents attached hereto, as described above, have
been carefully compared with the original records of the City from which they
have been transcribed; that said documents are a correct and complete transcript
of the minutes of a meeting of the City Council of the City, and correct and
complete copies of all resolutions and other actions taken and of all documents
approved by the City Council at said meeting, so far as they relate to the Bonds;
and that said meeting was duly held by the City Council at the time and place and
was attended throughout by the members indicated above, pursuant to call and
notice of such meeting given as required by law.
WITNESS my hand officially as such recording officer this _2.L__ day of
J-ly , 1981.
Couneilmember moved the
resolution:
RESOLUTION NO. 81-44
John E. Sehedler
Clerk-Treasurer
adoption of the
following
A RESOLUTION OF THE CITY OF COLUMBIA HEIGHTS,
MINNESOTA APPROVING AMENDED FORMS OF THE INDENTURE
OF TRUST AND THE LOAN AGREEMENT FOR $4,500,000 CITY OF
COLUMBIA HEIGHTS, MINNESOTA, COMMERCIAL DEVELOPMENT
REVENUE BONDS (COLUMBIA HEIGHTS MALL PROJECT), SERIES
1981
Regular Council
July 27, 1981
page 14
Meeting
WHEREAS, on July 14, 1981, the City of Columbia Heights, Minnesota (the
"City") passed a resolution (the "Bond Resolution") authorizing the issuance of
$4,500,000 City of Columbia Heights, Minnesota, Commercial Development
Revenue Bonds (Columbia Heights Mall Project), Series 1981 (the 'Bonds") and
authorizing the execution and delivery of an Indenture of Trust (the "Indenture") by
and between the City and First Trust Company of Saint Paul (the 'Trustee") and a
Loan Agreement (the "Loan Agreement") between the City and Columbia Heights
Mall (the "Developer") substantially in the form before the City Council on that
date, with such necessary and appropriate variations, omissions and insertions as
were not materially inconsistent with the form attached to the Bond Resolution;
and
WHEREAS, certain' amendments have been made to the forms of the
Indenture and Loan Agreement before the City Council on that date;
NOW, THEREFORE, be it resolved by the City Council of the City of
Columbia Heights, Minnesota,
Section 1. That the Indenture and Loan Agreement shall be substantially in
the amended form before the City Council on this date, which i~ hereby approved,
with such necessary and appropriate variations, omissions and insertions as are not
materially inconsistent with the form annexed hereto and as the Mayor and City
Manager, in their discretion, shall determine; provided that the execution thereof
by the Mayor and the City Manager shall be .conclusive evidence of such
determination.
Section 2.
after the date of its passage.
PASSED AND APPROVED this
ATTEST:
That this resolution shall be in full force and effect from and
Bruce G. Nawrocki
Mayor
John E. Sehedler
Clerk-Treasurer
Councilmember Hentge$
resolution be adopted as introduced
"abstain" and "hayes" were as follows:
seconded the motion that the foregoing
and read, and upon roll call the "ayes",
Ave__.__s
Logacz
Heintz
Hentges
Nawrocki
Abstain Nayes
Norberg
The motion was thereupon declared carried and adopted.
Regular Council
'July 27, 1981
page 15
Meeting
j. Resolution 81-45 being a resolution approving amended forms of the indenture of
trust and the loan agreement for $6,000,000 (Evenson Office Building Project)
Motion by Logacz, second by Hentges to waive the reading of the resolution there being
ample copies available to the public. Roll call: All ayes
CERTIFICATION OF MINUTES RELATING TO
$6,000,000 COMMERCIAL DEVELOPMENT REVENUE BONDS
(EVENSON OFFICE BUILDING PROJECT), SERIES 1981
Issuer: City of Columbia Heights, Minnesota
Governing Body: City Council
Kind, date, time and place of meeting: a meeting held on , J,;lo ~, 1981, in the
City of Columbia Heights, Minnesota.
Members present:
[ogacz, Heintz, Norberg, Hentges--Councilmen Nawrocki--Mayor
Members absent:
None
Documents attached: Minutes of said meeting (pages):
A RESOLUTION OF THE CITY OF COLUMBIA HEIGHTS,
MINNESOTA APPROVING AMENDED FORMS OF THE INDENTURE
OF TRUST AND THE LOAN AGREEMENT FOR $6,000,000 CITY OF
COLUMBIA HEIGHTS, MINNESOTA, COMMERCIAL DEVELOPMENT
REVENUE BONDS (EVENSON OFFICE BUILDING PROJECT),
SERIES 1981
I, the undersigned, being the duly qualified and acting Clerk-Treasurer of
the City, certify that the documents attached hereto, as described above, have
been carefully compared with the original records of the City from which they
have been transcribed; that said documents are a correct and complete transcript
of the minutes of a meeting of the City Council of the City, and correct and
complete copies of all resolutions and other actions taken and of all documents
approved by the City Council at said meeting, so far as they relate to the Bonds;
and that said meeting was duly held by the City Council at the time and place and
was attended throughout by the members indicated above, pursuant to cai1 and
notice of such meeting given as required by law.
WITNESS my 'hand officially as such recording officer this 3.2.__ day of
July , 1981.
John E. Sehedler
Clerk-Treasurer
,Regular Council Meeting
July 27, 1981
page 16
Couneilmember toqacz
resolution:
moved the adoption of the
following
RESOLUTION NO. 81-45
A RESOLUTION OF THE CITY OF COLUMBIA HEIGHTS,
MINNESOTA APPROVING AMENDED FORMS OF THE INDENTURE
OF TRUST AND THE LOAN AGREEMENT FOR $6,000,000 CITY OF
COLUMBIA HEIGHTS, MINNESOTA, COMMERCIAL DEVELOPMENT
REVENUE BONDS (EVENSON OFFICE BUILDING PROJECT),
SERIES 1981
WHEREAS, on July 14, 1981, the City of Columbia Heights, Minnesota (the
"City") passed a resolut{on (the "Bond Resolution") authorizing the issuance of
$6,000,000 City of Columbia Heights, Minnesota, Commercial Development
Revenue Bonds (Evenson Office Building Project), Series 1981 (the "Bonds") and
authorizing the execution and delivery of an Indenture of Trust (the "Indenture") by
and between the City and First Trust Company of Saint Paul (the "Trustee") and a
Loan Agreement (the "Loan Agreement") between the City and Terry Evenson (the
"Developer") substantially in the form before the City Council on that date, with
such necessary and appropriate variations, omissions and insertions as were not
materially inconsistent with the form attached to the Bond Resolution;and
WHEREAS, certain amendments have been made to the forms of the
Indenture and Loan Agreement before the City Council on that date;
NOW, THEREFORE, be it resolved by the City Council of the City of
Columbia Heights, Minnesota,
Section 1. That the Indenture and Loan Agreement shall be substantially in
the amended form before the City Council on this date, which is hereby approved,
with such necessary and appropriate variations, omissions and insertions as are not
materially inconsistent with the form annexed hereto and as the Mayor and City
Manager, in their discretion, shall determine; provided that the execution thereof
by the Mayor and the City Manager shall be conclusive evidence of such
determination.
Section 2.
after the date of its passage.
PASSED AND APPROVED this
ATTEST:
That this resolution shall be in full force and effect from and
Bruce G. Nawroeki
Mayor
John E. Sehedler
Councilmember He i ntz seconded the
resolution be adopted as introduced and read, and
'_'air,taint_and ',naye~s~_were as follows:
Ayes Abstain
Logacz
Heintz
Hentges
Nawrocki
motion that the foregoing
upon roll call the "ayes",
The motion was thereupon declared carried and adopted.
Regular Council Meeting
July 27, 1981
page 17
7. Communications
a. DeLaria's Kitchen, Inc. Rezoning and Conditional Use Permit
Motion by Norberg, second by Logacz to grant the Conditional Use Permit. The
City Planner gave the details of the request and some of the specifics of the
plans of the business. The hours of operation wilI be lO am to 1 am. Roll call:
Logacz, Norberg, Hentges, Nawrocki--aye Heintz--nay
b. Letter from City of Roseville Expressing Appreciation
The City provided two men with a vehicle and wood chipper on two consecutive days
to assist Roseville with clean up after the recent tornadoes. This was an infor-
mational item.
c. Association of Metropolitan Municipalities
A letter was received from the AMM regarding the 1982 dues schedule for the City.
8. Old and New Business
a. Old Business
I. Architectural Firm Appointment at Columbia Junior High
Motion by Hentges, second by Norberg to authorize the Mayor and City Manager to
execute an agreement with Setter, Leach and Lindstrom, Inc. for the purpose of
completing an evaluation report and maxi-energy audit of Columbia Junior High School
not to exceed $14,750. Roll call: All ayes - '
Motion by Norberg, second by Hentges to direct the C,ity Manager to include the pos-
sib]e application of part of the costs to future work if approved. Roll call: LoQacz
Heintz, Norberg, Hentges--aye [~awrocki--nay
2. PIR # 735; 42½ Avenue and 44½ Avenue-- Driveway and Driveway Apron Replacements
The City Manager gave the background details of this matter and requested direction
regarding the replacement of driveway and driveway aprons. Considerable discussion
followed what work will be undertaken and who would pay the costs. Each member of
the Council had a variety of opinions as to how the costs should be determined.
The lists supplied by the Public Works Department regarding those damaged driveways
was discussed as was the findings of the arbitrators in the City's dispute with
N.D.H. Inc. who did the work in this area.
Motion by Hentges, second by Logacz to table this matter until the next regular or
special meeting for additional information.-Roll call: All ayes
3. Sanitary Sewer Repair at 4763 Chatham Road
The total costs of this repair was $5,102.71. The City helped in determining what
repairs would be necessary by opening up the sewer and inspecting the line with the
television camera. Much discussion followed the reviewal of the problem regarding
what costs should be paid by the homeowner and if any of the costs should be paid
by the City.
Motion by He;ntz, second by Logacz to authorize half of the costs of closing of the
exposure of the main conditional on the receipt of a release from the owner of the
property setting any claim they may have from the City from any possible damages
in the future, monies to come from the Sewer Fund. Roll call: Logacz, Heintz, Nawrocki
aye Norberg, Hentges--nay Motion carries ,
4. Fire Cadets
Councilman Norberg suggested an outing or a show of appreciation be planned for
the Fire Cadets be considered and requested that the Fire Chief make suggestions.
Regular Council Meeting
July 27, 1981
page 18
Councilman Heintz left the meeting at 12:10 am
b. New Business
1. Establish Salary for Building Inspector
Motion by Logacz, second by Norberg to establish the rate of $1,942 per month for Carl
Norlander, Building/Heating Inspector, effective July 29, 1981. Roll call: Logacz Hentges
Nawrocki--aye Norberg--abstain '
2.Appointment of Architectural Firm to Undertake Maxi-Energy Audits
Motion by Norberg, second by Hentges to authorize the Mayor and City Manager to execute
an agreement with Toltz, King, Duvall, Anderson & Associates, Inc. to undertake maxi-
energy audits of Murzyn Hall and the Columbia Heights Public Library at a fee not to
exceed $3,240. Roll call.: All ayes
3. Mid-Block Lighting on 443 Avenue
A petition was received from residents on 44½ Avenue. The petition is requesting that the
City install more street lighting on 44½ Avenue. The Public Works Director indicated that
the present lighting meets the City's existing standard for street lighting. The circul-
ator of the petition was advised that additional street lighting could be installed and
assessed to the benefitting residents. He will be receiving from the City staff the costs
involved.
4. Appointment of Engineer to Undertake Inflow and Infiltration Analysis
Motion by Logacz, second by Norberg that the Council appoint Professional Services
Group, Inc. and Suburban Engineering, Inc. to undertake the infiltration/inflow
analysis of our sewer system at a price to be consistent with funding from the Metro-
politan Waste Control Commission. Roll call: All ayes
5. Authorization to Purchase Water Meters
Motion by Hentges, second by Logacz to authorize the City Manager to purchase twelve
3/4~' Rockwell meters and seven 5/8" Rockwell meters from Water Products Company in
the amount of $1,131.90; based upon iow, informal quote. Roll call: Logacz, Hentges,
Nawrocki--aye Norberg--nay
6. Appointments to Boards and Commissions
Motion by Logacz, second by Hentges to reappoint the following persons; Ruth Miller,
Library Board, Joanne Melin, Park Board and Robert King, Merit Board. Roll call: All
ayes
It was noted by the Mayor that there is a vacancy on the Traffic Commission.
Reports
a. City Manager Report
This report was presented in writing.
b. City Attorney's Report
The City Attorney addressed some of the items contained in Section III of the City Charter.
10. Licenses
Motion by Norberg, second by Logacz to grant the licenses as presented in writing upon
proper payment of fees. Roll call: All ayes
il. Payment of the Bills
Motion by Logacz, second by Hentges to pay the bills as listed out of proper funds.
Regular Council Meeting
July 27, 1981
page 19
Councilmen Norberg and Hentges questioned some of the charges submitted in a bill by
the SUN Newspaper. Roll call: Logacz, Hentges, Nawrocki--aye Norberg--nay
Adjournment
Motion by Logacz, second by Hentges to adjourn the meeting at 2:01 am. Roll call: All
ayes
-Anne Student, Council Secretary
Bruc~ G. Nawrocki, Mayor