Loading...
HomeMy WebLinkAboutSept 13, 1982OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING SEPTEMBER 13, 1982 The meeting was called to order by Mayor Nawrocki at 8:00 pm. 1. Roll Call Hovland, Petkoff, Norberg, Hentges, Nawrocki--present 2. Invocation The Invocation was offered by Pastor Richard Mork of the First Lutheran Church. 3. Minutes of Previous Meetings There were no minutes presented for approval. q. 0fa1 Petitions George Haluska inquired why there was going to be an increase in the mill rate. The Mayor advised him there may be a decrease in the City's portion of the mill rate. Craig Dahlgren, a representative of the Northeast Racquetball Club, had requested a lic- ense to sell 3.2 beer in that establishment and was denied because the liquor ordinance prohibited it. Mr. Dahlgren explained why he felt this type of sale would be appropriate in his business and how it would be controlled. Minors use the facilities at the Club. The City Attorney advised the Council approval of this license would take an amendment to the liquor ordinance. Motion by Hentges, second by Petkoff requesting further information on this matter from the City Manager and from the City Attorney. Roll call: Hovland, Petkoff, Hentges, Nawro- ckl-aye Norberg--nay Mr. 0ahlgren will be advised when this matter will be on a Council agenda again. 5. Ordinances and Resolutions a. Second Reading of Ordinance No. 1010 pertaining to manufactured homes Motion by Hentges, second by Petkoff to defer further consideration of this ordinance. Roll call: All ayes b. Second Reading of Ordinance No. 1012 Bond Sale Motion by Hentges, second by Hovland to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes The Council had a lengthy discussion regarding this ordinance with staff, the Bond Counsel and the Fiscal Consultant. AI1 items of the ordinance were reviewed. The Fis- cal Consultant advised the Council that at this point in time it would be to the City's advantage to select the three year temporary bond. Councilman Norberg noted that this ordinance deals with two issues and funding for each issue. The City Manager stated that the ordinance does have two portions but each portion has separate and distinct dates and deadlines. Motion by Norberg to divide Ordinance No.1012 into two ordinances and deal with each issue on two votes. Motion dies for lack of a second. ORDINANCE NO. 1012 ORDINANCE PROVIDING FOR PUBLIC SALE OF $~,~0,000 GENERAL OBLIGATION TAX INCREMENT BONDS OF 1982, $2,550~000 GENERAL OBLIGATION PERMANENT IMPROVEMENT REVOLVING FUND BONDS OF 1982 The City Council of the City of Columbia Heights, Minnesota does ordain as follows: regular Council Meeting September 13, 1982 page 2 1. Authorization of Safe. (al It is hereby found, determined and declared that this City should issue $450,000 General Obligation Tax Increment Bonds of 1982 (the "Tax Increment Bonds") pursuant to Minnesota Statutes, Section 273.77, to defray certain public redevelopment costs of the Downtown C.B.D. Revitalization Project, a "redevelopment project", pursuant to Minnesota Stat.utes, Section 462.qI 1 e.J.t ~ecl. (b) This Council has heretofore ordered or will order certain local improvements (the "Improvements") to be constructed in the City, and has contracted or will contract for the construction of the Improvements, pursuant to Minnesota Statutes, Chapter 429. It is hereby determined to be necessary and expedient for the City to sell and issue its General Obligation Permanent Improvement Revolving Fund Bonds (the "Improvement Bonds"), in the principal amount of $2,550,000 to defray the expense incurred in making the Improvements, including every item of cost of the kinds authorized in Minnesota Statutes, Section 475.65. 2. Sale. This Council shall meet at the time and place specified in the form of Official Notice of Bond Sale for the Tax Increment Bonds, and the Official Notice of Bond Sale for the Improvement Bonds contained herein, for the purpose of opening and considering sealed bids for, and awarding the sale of said $~0,000 General Obligation Tax Increment Bonds of 1982, and said $2,5fl0,000 General ObLigation Permanent Improvement Revolving Fund Bonds of 1982. 3. Notice of Sale. The City Manager is hereby authorized and directed to cause notice of the time, place and purposes of said meeting to be published in the official newspaper of the City, and in Commercial West, published in Minneapolis, Minnesota, and in such other publications as he shall determine, at least once not less than ten days before the date of said meeting, in substantially the following forms: NOTICE OF BOND SALE $450,000 GENERAL OBLIGATION TAX INCREMENT BONDS, CITY OF COLUMBIA HEIGHTS, MINNESOTA NOTICE IS HEREBY GIVEN that sealed bids for the purchase of these bonds will be received until 11:00 a.m., C.D.T., on the 2~th day of October, 19~2, in the office of the City Manager of the City of Columbia Heights, Minnesota, at which time the bids will be opened and tabulated. Bids of not less than ~43,2~0 and accrued interest on the principal sum of Sql0,000 will be accepted for the $450,000 General Obligation Tax Increment Bonds (the "Tax Increment Bonds"). The bids will be considered and acted upon by the City Council at $:00 p.m., C.D.T. on the same date. The Tax Increment Bonds wili be issued for the purpose of providing funds for a redevelopment project within the City in accordance with the' provisions of Minnesota Statutes, Chapters 273, 4(;2 and 47.~. The Tax Increment Bonds will be in the denomi6ation o! S},000, will be dated December 1, 191~2, and will mature on December 1, 198~. Interest will be payable on December 1, 1983, and semiannually on each 3une I and December I thereafter. Regular Council Meeting September 13, ig82 page 3 All Tax increment Bonds shall be subject to redemption and prepayment on December l, 1983, at a price equal to J00.5% of their principal amount and accrued interest to the date of redemption, and on any interest payment date thereafter at a price equal to 100% of their principal amount and accrued interest. No rate of interest nor the net effective rate of the issue may exceed the statutory limitation. An approving legal opinion for the bonds will be furnished by Holmes & Graven o! Minneapolis, Minnesota. Copies of the detailed Terms and Conditions of Sale and additional information for the bonds may be obtained from the undersigned or from the financial consultants to the City: MILLER & SCHROEDER MUNICIPALS, INC. Northwestern Financial Center 7900 Xerxes Avenue South Minneapolis, Minnesota 55t~31 ((;12) 831-1500 Dated: BY ORDER OF THE CITY COUNCIL City Manager NOTICE OF BOND SALE $2,550,000 GENERAL OBLIGATION PERMANENT IMPROVEMENT REVOLVING FUND BONDS OF 1982 CITY OF COLUMBIA HEIGHTS, MINNESOTA NOTICE IS HEREBY GIVEN that sealed bids for the purchase of these bonds will be received until Il:00 a.m., C.D.T., on the 25th day of October, in the office of the City Manager of the City of Columbia Heights, Minnesota, at which time the bids' will be opened and tabulated. Bids of not less than $2,511,750 and accrued interest on the principal sum of $2,550,000 will be accepted for the $2,550,000 General Obligation Permanent Improvement Revolving Fund Bonds of 1982 (the "Improvement Bonds"). The bids will be considered and acted upon by the City Council at 8:00 p.m., C.D.T. on the same date. The Improvement Bonds will be issued for the purpose of financing various improvement projects within the City. The Improvement Bonds will be in the denomination of $5,000, will be dated December 1, 1982, and will mature on December 1, 1985. Interest will be payable on December l, 1983, and semiannually on each 3une I and December I thereafter. All Improvement Bonds shall be subject to redemption and prepayment on December l, 1983 at a price equal to 100.5% of their principal amount and accrued interest, and on any interest payment date thereafter at a price equal to 100% of their principal amount and accrued interest. No rate of interest nor the net effective rate of the issue may exceed the statutory limit. An approving legal opinion for the bonds will be furnished by Holmes & Graven of Minneapolis, Minnesota. Copies of the detailed Terms and Conditions of Sale and additional information for the bonds may be obtained from the undersigned or from the financial consultants to the City: MILLER & SCHROEDER MUNICIPALS, INC. Northwestern Financial Center 7900 Xerxes Avenue South Minneapolis, Minnesota 55t431 (612) 831-1500 Regular Council Meeting September 13, 1982 page q Terms and Conditions of Sale. The following statements of Terms and Condition~ o! Sale shall constitute the-terms and conditions for the sale and issuance o! the Tax Increment Donds and the Improvement Bonds, respectively, and such terms and conditions are hereby authorized to be incorporated in material distributed to prospective bidders for each issue o! bonds: OFFICIAL TERMS OF BOND SALE $1~50,000 GENERAL OBLIGATION TAX INCREMENT BONDS CITY OF COLUMBIA HEIGHTS~ MINNESOTA Sealed bids for the purchase of these bonds will be received until I l:00 a.m., C.D.T., on the 25th day of 'October, 1982, in the office of the City Manager of the City of Columbia Heights, at which time the bids will be opened and tabulated. The bids will be considered and acted upon by the City Council at 1):00 p.m., C.D.T. on the same date. PURPOSE The Tax Increment Bonds will be issued for the purpose of providing funds for a redevelopment project within the City in accordance with the provisions of Minnesota Statutes, Chapters 273, 462 and 475. DATE~ TYPE~ DENOMINATION~ AND SECURITY The Tax Increment Bonds will be dated December 1, 191)2, will be issued as negotiable investment securities, will be non-registrable in bearer form with attached interest coupons and unless designated otherwise by the purchaser within 48 hours after award of sale will be in the denomination of $5,000 each. The Tax Increment Bonds will be general obligations of the Issuer for which its full faith and credit and unlimited taxing powers will be pledged in addition to the pledge of certain tax increment. MATURITIES AND REDEMPTION The Tax Increment Bonds will mature on December 1, 1985. All Tax Increment Bonds will be subject to redemption and prepayment at the option o! the City in inverse order of serial numbers, on December 1, 1983, at a price equal to 100.5% of their principal amount and accrued interest to the date of redemption, and on any interest payment date thereafter at a price equal to 100% of their principal amount and accrued interest to the date of redemption. PAYING AGENT Principal and interest will be made payable at any suitable bank in the United States recommended by the purchaser and approved by the City Council, and the City will pay customary and reasonable charges for this service provided that such recommendation is received within 45 hours after the sale. The City Council will select the paying agent if the recommendation is not approved. INTEREST PAYMENT DATES~ RATES Interest will be-payable on December 1, 1983, and semiannually thereafter on each 3une I and December 1. All Tax Increment Bonds must bear interest from date of issue until paid at a single, uniform rate. The rate must be in an integral multiple o! 5/100 of 1%. No rate of interest nor the net effective rate of the issue may exceed the statutory limitation. Regular Council Meeting September 13, 1982 page $ DELIVERY Within ~0 days after sale and without cost to the purchaser the Issuer will furnish and deliver, at a place mutually satisfactory to the Issuer and the Purchaser, the printed and executed Tax Increment Bonds. DeUvery will be subject to receipt by the purchaser of an approving legal opinion of Holmes & Graven, Chartered~ of Minneapolis~ Minnesota, which opinion will be printed on the Tax Increment Bonds, and of a certificate stating that no Utigation in any manner questioning the validity of the Tax Increment Bonds is then threatened or pending. The charge of the delivery agent must be paid by the purchaser, but all other costs, with the exception of the printing of CUSIP numbers as indicated, will be paid by the City. The purchase price must be paid upon dehvery of the Tax Increment Bonds, in funds available for expenditure by the City on the date o! payment. TYPE OF BID AND AWARD Sealed bids for not less than $4~3,250 must be mailed or delivered to the City Clerk and must be received prior to the time of said deadline. Each bid must be unconditional and must be accompained by a cashier's check, certified check, or bank draft in the amount of $9,000, payable to the City Treasurer to be retained by the City as liquidated damages i! the bid is accepted and the bidder fails to comply therewith. The bid offering the lowest net interest cost, (total interest on all Tax Increment Bonds from date thereof to their maturities, less any cash premium or plus any amount less than $~50,000 bid for principal) will be deemed the most favorable. In the event that two or more bids state the lowest net interest cost, the sale of the Tax Increment Bonds will be awarded by lot. No oral bid and no bid of less than $~3,250 for principal, plus accrued interest on all of the Tax Increment Bonds, will be considered. The City reserves the right to reject any and all bids, to waive any informality in any bid, and to adjourn the sale. CUSIP NUMBERS The City will assume no obligation for the assignment or printing of CUSIP numbers on the Tax Increment Bonds or for the correctness of any numbers printed thereon, but will permit such assignment and printing to be done at the expense of the purchaser, if the purchaser waives any extension o! the time of delivery caused thereby. Information for bidders and bidding forms may be obtained from the undersigned or from Miller & Schroeder Municipals, Inc., Northwestern Financial Center, 7900 Xerxes Avenue South, Minneapolis, Minnesota J)}ZOl; telephone: ((;12) 831-1500, financial consultants to the City· Dated: BY ORDER OF THE CITY COUNCIL 'City Manager OFFICIAL TERMS OF BOND SALE $2,550,000 GENERAL OBLIGATION pERMANENT IMPROVEMENT REVOLVING FUND BONDS OF 1982 CITY OF COLUMBIA HEIGHTS~ MINNESOTA Regular Council Meeting September 13, 1982 page 6 Sealed bids for the purchase of these Improvement Bonds will be received until Il:00 a.m., C.D.T., on the 25th day of October, 1982, in the office of the City Manager of the City of Columbia Heights, Minnesota, at which time the bids will be Opened and tabulated. The bids will be considered and acted upon by the City Council at S:00 p.m., C.D.T. on the same date. PURPOSE The Improvement Bonds will be issued for the purpose of financing the cost of constructing various improvement projects within the City, in accordance with the provisions of Minnesota Statutes, Chapters t429 and t~75. DATE~ TYPE~ DENOMINATIONs AND SECURITY The Improvement Bonds will be dated December 1, 1982, will be issued as negotiable investment securities, will be non-registrable in bearer form with attached interest coupons and unless designated otherwise by the. purchaser within t~8 hours after award of sale will be in the denomination of $5,000 each. The Improvement Bonds will be general obligations of the Issuer for which its full faith and credit and unlimited taxing powers will be pledged in addition to special assessments against benefited property. MATURITIES AND REDEMPTION The Improvement Bonds will mature on December 1, 1985. All Improvement Bonds will be subject to redemption and prepayment at the option of the City in inverse order of serial numbers, on December 1, 19S3, at a price equal to 100.5% of their principal amount and accrued interest to the date of redemption, and on any interest payment date thereafter at a price equal to 100% of their principal amount and accrued interest to the date of redemption. PAYING AGENT Principal and interest will be made payable at any suitable bank in the United States recommended by the purchaser and approved by the City Council, and the City will pay customary and reasonable charges for this service provided that such recommendation is received within t~S hours after the sale and the City Council will select the paying agent if the recommendation is not approved. INTEREST PAYMENT DATES~ RATES Interest will be' payabJe on December 1, 1983, and semiannually thereafter on each 3une 1 and December 1. All Improvement Bonds must bear interest from date of issue until paid at a single, uniform rate. The rate must be in an integral multiple of 5/100 of 1%. No rate of interest nor the net effective rate of the issue may exceed the statutory limit. DELIVERY Within t~0 days after sale and without cost to the purchaser the Issuer will furnish and deliver, at a place mutually satisfactory to the Issuer and the Purchaser, the printed and executed Improvement Bonds. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Holmes & Graven, Chartered, of Minneapolis, Minnesota, which opinion will be printed on the Improvement Bonds, and of a certificate stating that no litigation in any manner questioning the validity of the Improvement Bonds is then threatened or pending. -I~egular Council I~eeting September 13, 1~182 page 7 The charge of the delivery agent must be paid by the purchaser, but ail other costs~ with the exception of the printing of CUSIP numbers as indicated, will be paid by the City. The purchase price must be paid upon delivery of the Improvement Bonds, in funds available for expenditure by the City on the date of payment. TYPE OF BID AND A~/ARD Sealed bids for not less than $2,511,750 must be mailed or delivered to the City Clerk and must be received prior to the time of said deadline. Each bid must be unconditional and must be accompained by a cashier's check or certified check or bank draft in the amount of $51,000, payable to the City to be retained by the City as liquidated damages if the bid is accepted and the bidder fails to comply therewith. The bid authorizing the lowest net interest cost~ (total interest on all Improvement Bonds from date thereo! to their maturities~ Jess any cash premium or plus any amount less than $2,550,000 bid for principal) will be deemed the most favorable. In the event that two or more bids state the lowest net interest cost, the sale of the Improvement Bonds will be awarded by lot. No oral bid and no bid of less than $2,511,750 for principal, plus accrued interest on all of the Improvement Bonds, will be considered. The City reserves the right to reject any and all bids, to waive any informality in any bid, and to adjourn the sale. cUSIP NUMBERS The City will assume no obligation for the assignment or printing of CUSIP numbers on the Improvement Bonds or for the correctness of any numbers printed thereon, but will permit such assignment and printing to be done at the expense of the purchaser, if the purchaser waives any extension of the time of delivery caused thereby. Information for bidders and bidding forms may be obtained from the undersigned or from Miller & Schroeder Municipals, Inc., Northwestern Financial Center, 7900 Xerxes Avenue South, Minneapolis, Minnesota 55~31; telephone: (612) 831-1500, financial consultants to the City. Dated= BY ORDER OF THE CITY COUNCIL City Manager 5. Official Statement. The City Manager, in cooperation with Miller & Schroeder Municipals, Inc., financial consultants to the City~ is hereby authorized and directed to prepare on behalf of the City an official statement to be distributed to potential purchasers of the Tax Increment Bonds and the Improvement Bonds or either of them. Such official statement shall contain the statements of Terms and Conditions of $ale :[or each issue of bonds set forth in paragraph tt and such other, information as shall be deemed advisable and necessary to adequately describe the City and the security~ terms and conditions of the Tax Increment Bonds and the Improvement Bonds. At settlement the purchaser or purchasers will be furnished with a certificate signed by appropriate officers of the Issuer on behalf of the Issuer to the effect that the Official Statement did not and does not contain any untrue statement of a material fact or omit to state a material fact necessary in order to make statements therein, in light of the circumstances under which they were made, not misleading. Mayor Regular Council Meeting September 13, 1982 page 8 First Reading: Second Reading: Offered By: Seconded By: Roll Call: Date of Passage: August 23, 1982 September 13, 1982 Hentges Hovland Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--nay September 13, 1982 Bruce G. Nawrocki, Mayor do-Anne Student, Council Secretary c. Second Reading of Ordinance No.lO13 Bond Sale Definite Bond Term Motion by Norberg, second by Hentges to table the second reading of Ordinance No. 1013. Roll call: All ayes d. First Reading of Ordinance No. loll Prohibited Moving Operations Motion by Norberg, second by Hentges to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO, lOll BEING AN ORDINANCE AMENDING ORDINANCE NO, 853, CITY CODE OF 1977, PERTAINING TO PROHIBITED MOVING OPERATIONS The City Council of the City of Columbia Heights does ordain: Section 1: 7.204 (10) Section 7.204 (10) of Ordinance No.853, City Code of 1977, passed June 21, 1977 which is currently reserved, shall hereafter read as follows, to-wit: No person shall drive, operate or be in actual physical control of a motor vehicle upon private property of another not intended for vehicular use without the consent of the owner of said property. Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: September 13, 1982 e. First Reading of Ordinance No, 1014 Rezoning of Certain Real Estate, 4025 Univer- sity Avenue Motion by Norberg, second by Novland to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 1014 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: That the real property located at 4025 University Avenue Northeast, legally described as: All that land in Lot Eight (8), Block One (1), Rearrangement of Block D of Columbia Heights Annex lying west of a line 128 feet west of the East line of Lot 8, Block 1, Rearrangement of Block D of Columbia Heights Annex, Except that part taken by the State of Minnesota for highway pur- poses, according to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota, and except the South 45 feet thereof R~gular Council Meeting September 13, 1982 page 9 which is currently zoned "RB" Retail Business District is herewith rezoned to "R-3" Mult- iple Family Residence District. Section 2: The official Zoning Nap is herewith amended to reflect said change. Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after Its passage. First Reading: September 13, 1982 A rezoning request had also been submitted for the property addressed In Ordinance No. 101q. The rezoning request had been signed by the owners of the property. There was much discussion regarding this request by the secretary of the corporation that ovms the pro- perty, the lessee of the property and the Council. The corporation representative was advised that without the rezoning a conditional use permit for this parcel could not be issued. Motion by Norberg, second by Hovland to hold the second reading of this ordinance on' October 12th at which time the public hearing will be held and the conditional use per- mit request will be discussed. Roll call: All ayes f. First Reading of Ordinance No. 1015 Pertaining to Permitted Accessory Uses Motion by Hentges, second by Hovland to waive the reading of the ordinance there being ample copies available to the public. Roli call: All ayes There was an error made in an ordinance dealing with the same subject when the zoning code was integrated into the City Code Book. The correction can only be made by adopting another ordinance. ORDINANCE NO. 1015 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO PERMITTED ACCESSORY USES IN T~E "CBD" BUSINESS DISTRICT The City Council of the City of Columbia Heights dOes ordain: Section 1: Section 9.112(3) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: "Permitted Accessory Uses Within the "CBD" Business District, the following uses shall be permitted accessory uses. (a) Decorative landscape features. (b) Off-street loading. (c) Marquees and aLmings on public and private property sUbject to Ordinance No. 195. ~ (d) Off-street parking for principal use subject to Section 9.116(~). (e) Any incidental repair or processing necessary to conduct a permitted principal use provided the area does not exceed thirty (30) percent of the floor area devoted to the principal use nor thirty (30) percent of the man hours required to conduct the principal use. (f) Signs as regulated by and to the extent permitted by Section 9.117A. (g) Private swimming pools. (h) Buildings temporarily located for purposes of constructing on the premises for a period not to exceed time normally necessary for such construction. (i) Games of skill provided: Ii} the number of such games shall not be sufficient to constitute an "arcade"; Regular Council Meeting September 13, 1982 page )0 [ii] The games of skill may only be used at such times as the primary use of the property on which the games are located are open business; [iii] The premises on 'which the games of skill are located must be en- tered by patrons only through the primary use of the building, and the premises on which the games of skill are located must have no direct entrance from the outside other than through the primary use. Provided, however, that the portion of the building ~n which the "games" are located may have a fire door through which patrons may exit in times of emergency." shall hereafter read as follows, to-wit: "Permitted Accessory Uses Within the "CBD" Business District, the following uses shall be permitted accessory uses. (a) Decorative landscape features. (b) Off-street loading. (c) Marquees and awnings on public and private property subject to Section 9.117A. (d) Off-street parking for principal use subject to Section 9.116(4). (e) Any incidental repair or processing necessary to conduct a permitted principal use provided the area does not exceed thirty (30) percent of the floor area devoted to the principal use nor thirty (30) percent of the man hours required to conduct the principal use. (f) Signs as regulated by and to the extent permitted by Section 9.117A. (g) Private swimming pools. (h) Buildings temporarily located for purposes of constructing on the premises for a period not to exceed time normally necessary for such construction. (i) tames of skill provided: Iii The number of such games shall not be sufficient to constitute an "arcade"; [ii] The games of skill may only be used at such times as the primary use of the property on which the games are located are open for business; [iii] The premises on which the games of skill are located must be en- tered by patrons only through the primary use of the building, and the premises on_which the games of skill are located must have no direct entrance from the outside other than through the primary use. Provided, however, that the portion of the building in which the "games" are located may have a fire door through which patrons may exit in times of emergency. Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: September 13, 1982 6. Communications a. Planning and Zoning Commission 1. Kathy Mills, Nemitz Construction, 1129 Cheery Lane Variance Motion by Hentges, second by Hovland to concur with the Planning and Zoning Commission recom- mendation and grant a variance of two feet from the required front yard setback. Roll call: Ali ayes ~egular Council Meeting September 13, 1982 page 11 2. Douglas Simons, q708 Fifth Street, Privacy Fence .is request was recommended for denial by the Planning and Zoning Commission. No appeal of s decision had been received and this item was dropped from the Council agenda~ 3. George Morris, 4059 Monroe Street, Curb-Cut Variance Mr. Morris is appealing the denial of his request for a curb-cut variance of I1' additional width from the 22~ curb cut. Mis request was based on a problem he has with parking his vehicles. Councilman Norberg was concerned with safety for pedestrians in this area. Motion by Hentges to grant the five foot variance waiver. Motlon dies for lack of a second. Motion by Norberg, second by Hovland to affirm the action of the Plannlng and Zoning Commis- sion and deny the request. Roll call: Hovland, Petkoff, Norberg, Nawrocki--aye Hentges--nay 4. Oragon House, 3970 Central Avenue, Conditional Use Permit This permit is being requested to permit the expansion and operation of an 150 seat rest- aurant at 3970 Central Avenue. The Planning and Zoning Commission approved the proposed site plan and recommended approval of the conditional use permit subject to certain con- ditions. Motion by Petkoff, second by Hovland to concur with the Planning and Zoning CommissionJs recommendation to approve the conditional use permit subject to the following conditions: a) The site plan be amended pursuant to a memo dated September 2, 1982 prepared by Tom Madigan, Assistant City Engineer; b) The site plan be amended to be compatible with the Housing and Redevelopment Auth- ority's streetscaping plans; and, c) The Housing and Redevelopment Authority and Oragon House Restaurant execute a rede- velopment agreement which incorporates provisions with regard to the following: 1) Transfer of land from Anoka County to the Oragon House through the City's Housing and Redevelopment Authority and subject to prior review by the City Council; 2) Parking assessment obligations as established by Project No.787 (West Side Parking Lot); and 3) Maintenance of streetscaping elements; i.e., pedestrian walkway. d) A review of the redevelopment agreement by the HRA and that said agreement also be returned to the City Council for review prior to its approval. Motion to amend by Hentges, second by Norberg that the agreement be subject to approval by the City Council. Roll call on amendment: Hovland, Norberg, Hentges, Nawrocki--aye Petkoff-- nay Roll call on amended motion: All ayes b. Traffic Commission 1. Installation of Stop Signs at Intersection of 42½ Avenue and Fillmore Motion by Hentges, second by Hovland to concur with the recommendation of the Traffic Com- mission on the placement of t~o stop signs at 42½ Avenue and Fillmore Street stopping east and west bound traffic. Roll call: All ayes 2. Handicapped Sign--q$22 Chatham Road Motion by Hentges, second by Petkoff to concur with the recommendation of the Traffic Com- mission to establish an handicap parking place with the appropriate signage in front of q522 Chatham Road. Roll call: All ayes c Board and Commission Vacancies This was an informational item. Booster Week Proclamation Mayor Nawrocki proclaimed the week of September 20th through the 26th as J~Columbia Heights Booster Week.~' Regular Council Meeting September 13, 1982 page 12 7. Old and New Business a. Old Business 1. Management Agreement for Municipal Parking Ramp This item had been tabled at a previous Council meeting for further information and revisions. The City Manager spoke to some of the revisions and the Bond Counsel addressed items that had been of particular concern to the Council. After much discussion the Bond Counsel was requested to draft additional revisions into the agreement for presentation to the Council. RECESS: 12:10 am RECONVENE: 12:20 am The Bond Counsel read the proposed and re-worded revisions to the municipal parking ramp management agreement to the Council. Motion by Hentges, second by Hovland to approve the maintenance agreement for the municipal parking ramp as revised by the Bond Counsel. Roll call: All ayes 2. Provide Maintenance Easement to P.J. Gaughan, Inc. for Structures and Earth Embankments Located on LaBelle Park Property/Review of Approved Site Plan Regarding 72 Unit Condominium Complex The City Manager gave the history of this easement request and site plan review and conditions that led to a stop order being given at the site of construction. Particular concern was with a retaining wall that is presently being constructed and is not in conformance as well as responsibility for maintenance. The City Attorney drafted an ordinance that would address maintenance easements for off-site retaining walls, protective earth embankments and sanitary sewer on adjoining park property. Councilman Norberg questioned if an easement can be grant in a park and was advised that it could. The Mayor felt a maintenance agreement should be included in the ordinance and the City Attorney responded that it would be incorporated in to the ordinance at the second reading of that ordinance. Discussion continued on the present condition of the retaining wall. Councilman Hovland speculated that the wall may not stand as it already is showing evidence of pulling apart. There was some concern with the quality of the materials used in the wall. Motion by Hentges, second by Hovland to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes Councilman Norberg left the meeting at 1:20 am. ORDINANCE NO. lO16 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, DEEDING A CERTAIN EASEMENT The City Council of the City of Columbia Heights does ordain: Section 1: The City of Columbia Heights shall convey unto LaBelle Park Condominium Associa- tion II, a Minnesota non-profit corporation, an easement for construction, maintenance, and repair of retaining walls, protective earth embankments and sanitary sewers over, under and across the following described real property, to-wit: The West 35.00 feet of the South 1/2 of Lot 7 and the North 35.00 feet of Lots 37 and 38 and the North 35.00 feet of the West 35.00 feet of Lot 39 and the West 35.00 feet of the South 209.00 feet of the North 244.00 feet of Lot 37, a11 in Block 4, Reservoir Hills, Anoka County, Minnesota. Except that part taken for road. Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: September 13, ]982 Regular Council Meeting September 13, 1982 page 13 New Business I. Establish Salary for Clerk-Typist II Motion by Petkoff, second by Hentges to establish the salary of $$.23 per hour for Sharon Ouellette, Clerk-Typist II of the Recreation and Community Education Department effective September 20, 1982. Roll call: All eyes 2. Establish Salary for Assistant Director of Community Education Motion by Petkoff, second by Mentges to establish the salary of $1,qq4 per month for Gail Jeremiason, Assistant Director of Community Education effective September 28, 1982. Roll call: All ayes 3. Request for Alley Party Motion by Petkoff, second by Hentges to ratify the City Manager's approval of an alley party between 40th Avenue and 41st Avenue, Madison to Monroe; September 11, 1982 from 12 Noon to 11 PM. Roll call: Ali ayes Purchases a. Play Structures Motion by Petkoff, second by Hovland to authorize the expenditure of funds for a Timber- works unit #7685-D Play Structure from Hamele Recreation Company in the amount of $3,999 based upon low quotation received. Councilman Hentges has concern that this material should be checked to see if it meets safety requirements before the purchase is approved. Roll call: vland, Petkoff, Nawrocki--aye Hentges--nay b. Steel Shelving--Library Motion by Petkoff, second by Hovland to authorize the purchase and installatlon of steel shelving for the Library from DM0 in the amount of $3,059; and furthermore, that the Council is aware that this item is a proprietary purchase. Roll call: All ayes c. Printed Forms--Police Motion by Hentges, second by Hovland to authorize the purchase of 4000 sets of offense reports for $395 from Tracy Printing and 5000 sets of supplements for $489 from Tracy Printing based upon low quotation received. Roll call: All ayes 5. Designation of Election Judges I~otion by Hentges, second by Petkoff to establish the follo~ng hourly remuneration for the primary election and general election in 1982:$4.10 for Head dudge and $3.35 for Election Judge; and, that the City Council of the City of Columbia Heights approve the attached list of judges, by precinct, for the Primary Election of September 14, 1982 and the General Ele- ction of November 2, 1982. Motion to amend by Hovland, second by Nawrocki to adjust the hourly rate to $4.40 for Head dudge and $3.60 for Election Judge. Roll call on amendment: Hovland, Nawrocki--aye Petkoff, Hentges--nay Motion to amend fails Roll call on main motion: All ayes 6. Guidelines for Consumption of Non-Intoxicating Malt Liquor at City Parks Guidelines for this item were received from the Park Board. These recommendations were dis- cussed and the City Attorney was requested to draft an ordinance that incorporated these idelines. 7. Establishing Dates for Work Sessions Monday, September 20th and Tuesday, September 21st were selected as work session dates. Regular Council Meeting September 13, 1982 page 14 8. Block Party Request Motion by Hentges, second by Petkoff to grant approval for a block party at 43rd Avenue to 44th Avenue on Monroe 9treat on Saturday, September 25th from 2:00 pm and I0:00 pm. Roll call: Al) ayes ~. State Board of Assessors Meeting A letter was received from Gayla Leone, Anoka County Assessor, regarding the time and date for the property assessment meeting regarding the City's assessment. This meeting wi)) be held at the Centennial Office Building in St. Paul on Friday, September 24th at 10:30 am. 10. New Assessing System and Data Processing The computer system present)y being considered by Anoka County for assessing and other pro- cedures was discussed. Some of the merits of this system were mentioned and how it may be of benefit to our City was explored. It was determined more information was desired. Motion by Hovland, second by Petkoff to request that the City Manager gather more information on computer systems appropriate for the needs of the City and get additional information on the system being considered by Anoka County. Roll call: All ayes 8. Reports a. Report of the City Manager The City Manager advised the Council that his report was not prepared at the time the agenda was sent out, His intention is to mail this report to the Council this week. b. Report of the City Attorney The City Attorney had nothing to report on at this time. 9. Licenses Motion by Hovland, second by Petkoff to approve the licenses as listed upon payment of proper fees. Motion by table by Hentges, second by Petkoff the license application for Solar Resources International of Minnesota at the request of Roy Goranson, Building Inspector. Mr. Goranson stated his reasons for this request. Roll call on tabling motion: All ayes Roll call on main motion: All ayes 10. Payment of Bills Motion by Hentges, second by Hovland to approve the payment of the bills as listed out of proper funds. Roll call: All ayes Adjournment " Motion by Petkoff, second by Hovland to adjourn the meeting a~:20 call:~k Bruce G. Nawrocki, Mayor /~/Ann~ Student~ ~ouncii'S'~etary 1 ayes