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