HomeMy WebLinkAboutApr 12, 1982Official Proceedings
Columbia Heights City Council
Regular Council Meeting
April t2, 1982
The meeting was called to order by Mayor Nawrocki at 8:02 pm.
1. Roll Call
Hovland, Petkoff, Norberg, Hentges, Nawrocki--present
2. Invocation
The Invocation was offered by Pastor Kenneth Rice of Community United Methodist Church.
~. Minutes of Previous Meetings
Motion by Norberg, second by Petkoff to approve the minutes of the Public Improvement
Hearing of March 15th and the Regular Council Meeting of March 22nd, as presented in
writing; and that the reading be dispensed with. Roll call: All ayes
3a. Proclamations
Mayor Nawrocki read the following proclamations:
a. In Recognition of National Library Week, April 18-24, 1982
b. In Recognition of Loyalty Day, May 1, 1982
c. In Recognition of Veterans of Foreign Wars of the United States
d. In Recognition of Be Kind to Animals Week, May 2-8, 1982
4. Oral Petitions
There were no oral petitions.
5. Ordinances and Resolutions
7 Second Readlng of Ordinance No.995 being an ordinance rezoning certain real property
at the rear of 4239-4259 Central Avenue.
The Mayor inquired if the interest of the adjoining property owners would be protected
by this rezoning.
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. 995
BEING AN ORDINANCE REZONING CERTAIN REAL PROPERTY AT THE REAR
OF 4239-4259 CENTRAL AVENUE NORTHEAST FROM "R-2", TWO FAMILY
RESIDENTIAL DISTRICT TO "R-B", RETAIL BUSINESS DISTRICT
The City Council of the City of Columbia Heights does ordain:
Section 1: That the real property located at the rear of 4239-4259 Central Avenue
Northeast, legally described as:
The West one-half of Lot 17, Block 3, Reservoir Hills,
A~oka County, Minnesota
Section 2:
Section 3:
which is currently zoned "R-2", TWO FAMILY RESIDENTIAL DISTRICT is
herewith rezoned to "R-B", RETAIL BUSINESS DISTRICT.
The official Zoning Map is herewith amended to reflect said change.
This ordinance shall be in full force and effect from and after thirty
(30) days after its passage.
Regular Council Meeting
April 12, 1982
page 2
First reading:
Second reading:
Date of passage:
March 8, 1982
April 12, 1982
April 12, 1982
Offered by:
Seconded by:
Roll call:
Norberg
Hentge$
Hovland, Petkoff, Norberg, Hentge$--aye
Nawrocki--nay
Bruce G. Nawrocki, Mayor
Jo-Anne Student, Secretary to the Council
Mayor Nawrocki left the meeting at this time, 8:20 pm.
b. Second Reading of Ordinance No.996 being an ordinance amending Ordinance No.853,
City Code of 1977, revising the numbering system set forth in Ordinances Nos. 868,
877, 896 and 901
Motion by Norberg, second by Petkoff to waive the reading of the ordinance there being
ample copies available to the publlc. Roll call: All ayes
ORDINANCE NO. 996
BEING AN ORDINANCE ~E~ING ORDINANCE NO. 853, CITY CODE OF 1977,
REVISING THE NLIM]~ERING SYSTEM SET FORTH IN ORDINANCE NOS. 868,
877, 896 AND 901
The City Council of the City of Columbia Heights does ordain:
Section 1:
The numbers set forth hereafter contained in Ordinance No. 896, Being
an Ordinance Amending Ordinance No. 853, City Code of 1977, Pertaining
to Regulation of Residential Structures in Commercial Zone, passed on
January 22, 1979, are herewith changed as follows, to-wit:
Section 9.403(11) is herewith amended to read 9.104(3)(k)
Section 9.403(11)(a) is herewith amended to read 9.104(3)(k)[i]
Section 9.403(11)(b) is herewith amended to read 9.104(3)(k)[ii]
Section 9.403(11)(c) is herewith amended to read 9.104(3)(k)[iii]
Section 9.503(4) is herewith amended to read 9.105(3)(d)
Section 2: Section 9.104(h) of the City Code of 1977, adopted June 21, 1977, which
reads as follows:
"Section 9.403(11) of Ordinance No. 853, City Code of 1977, passed
June 21, 1977, shall hereafter be numbered as Section 9.104(h).
Section 9.503(4) of Ordinance No. 853, City Code of 1977, passed June 21,
1977, shall hereafter be numbered as Section 9.105(d)."
is herewith repealed.
Section 3:
The numbers set forth hereafter contained in Ordinance No. 868, Being an
Ordinance Amending Ordinance No. 853, Chapter 9, Article IV, Section
16.4(20), City Code of 1977, Relating to Parking Requirements, passed on
November 15, 1977, are herewith changed as follows, to-wit:
egu ar ounc~ ee lng
.April 12, 1982
page 3
Section 16.4(20) is herewith amended to read 9.116(4)(t)
Section 16.4(20)A is herewith amended to read 9.116(4)(t)[i]
Section 16.4(20)B is herewith amended to read 9.116(4)(t)[ii]
Section 16.4(20)C i$ herewith amended to read 9.116(4)(t)[iii]
Section 16.4(20)D is herewith amended to read 9.116(4)(t)[iv]
Section 16.4(20)E is herewith amended to read 9.116(4)(t)[v]
Section 16.4(20)F is herewith amended to read 9.116(4)(t)[vi]
Section 16.4(20)G is herewith amended to read 9.116(4)(t)[vii]
Section 16.4(20)G(1) is herewith amended to read 9.116(4)(t)[vii] 1)
Section 16.4(20)G(2) is herewith amended to read 9.116(4)(t)[vii] 2)
Section 16.4(20)G(3) is herewith amended to read 9.116(4)(t)[vii] 3)
Section 16.4(20)G(4) is herewith amended to read 9.116(4)(t)[vii] 4)
Section 16.4(20)G(5) is herewith amended to read 9.116(4)(t)[vii] 5)
Section 16.4(20)G(6) is herewith amended to read 9.116(4)(t)[vti] 6)
Section 16.4(20)G(7) is herewith amended to read 9.116(4)(t)[vii] 7)
Section 4: The numbers set forth hereafter contained in Ordinance No. 877, Being an
Ordinance Amending Ordinance No. 853, City Code of 1977, Pertaiming to
Zoning Regulation of Non-Conforming Uses, passed on September 26, 1977,
are herewith changed 'as follows, to-wit:
Section 9.403(10) is herewith amended to read 9.104(3)(J)
Section 9.503 is herewith amended to read 9.105(3)
Section 9.503(4) is herewith amended to read 9.105(3)(d)
Section 5: 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:
March 22, 1982
April 12, 1982
April 12, 1982
Offered by: Petkoff
Seconded by: Norberg
Roll call: All ayes
Bruce G. Nawrocki, Mayor
Jo-Anne Student, Council Secretary
c. First Reading of Ordinance No.991 being an ordinance amending Ordinance No.853, City
Code of 1977, and pertaining to impoundment of bicycles.
Motion by Norberg, second by Petkoff to waive the reading of the ordinance there being
ample copies available to the public. Roll call: All ayes
ORDINANCE NO. 991
BEING AN ORDINANCE AMES~ING ORDINANCE NO. 853, CITY CODE
OF 1977, AND PERTAINING TO IMPOUNDMENT OF ~ICYCLES
The City Council of the City of Columbia Heights does ordain:
Section 1:
Section 7.401(1) of the Ordinance No. 853, City Code of 1977
passed June 21, 1977, which reads as follows, to-wit:
"No person may use, ride, operate, own, or be in actual physical
control of a bicycle upon any highway, street, alley, sidewalk,
or other public property within the City unless such bicycle shall
have been registered in accordance with Minnesota Statute 168C.03.
Regular Council Meeting
April 12, 1982
page 4
Provided, however, that any person who has previously registered
a bicycle with the City of Columbia Heights shall not be required
to register that bicycle pursuant to Minnesota Statute 168C.03 priorI
to March 1, 1980."
is herewith amended to read as follows:
No person may use, ride, operate, own, or be in actual physical
control of a bicycle upon any highway, street, alley, sidewalk,
or other public property within the City unless such bicycle shall
have been registered in accordance with Minnesota Statute 168C.03,
and with the registration conspicuously displayed on the bicycle.
Provided, however, that any person who has previously registered
a bicycle with the City of Columbia Heights shall not be required
to register that bicycle pursuant to Minnesota Statute 168C.03 prior
to March ], ]980.
Section 2:
Section 7.&01(3) of the Ordinance No. 853, City Code of 1977, passed
June 21, 1977, which is currently reserved, shall hereafter read as
follows, to-wit:
The Columbia Heights Police Department may impound any bicycle which
is used, ridden, operated, oumed or possessed, or otherwise exists upon
any public property within the City if such bicycle has not been
registered pursuant to Minnesota Statute §168C, or if registration is
not conspicuously displayed on the bicycle. The bicycle may be
surrendered upon proof of ownership and proof that said bicycle
is properly registered.
Section 3:
Section 7.401(4) of the Ordinance No. 853, City Code of 1977, passed
June 21, J977, which is currently reserved, shall hereafter read as
follows, to-wit:
Section 4:
Any bicycle impounded by the City and which remains unclaimed by
the o~mer for a period of ninety (90) days may be sold at
public sale cr auction following published notice.
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:
April 12, 1982
Offered by:
Seconded by:
Roll call:
Jo-Anne Student, Council Secretary
Bruce G. Nawrocki, Mayor
d. First Reading of Ordinance No.lOO0 being an ordinance amending Ordinance No.853, City
Code of i977, vacating an alley.
This ordinance is needed to vacate the alley where the Evenson OFfice Building is being
built. Motion by Norberg, second by Petkoff to waive the reading of the ordinance there
being ample copies available to the public. Roll call: All ayes
~¢~Jdl gouncll meeting
April 12, 1982
page 5
ORDINANCE NO. 1000
BEINC AN ORDINANCE AMENDING ORDINANCE N0..853, CITY CODE OF
1977, VACATING AN ALLEY
The City Council of the City of Columbia Heights does ordain:
Section 1: The City of Columbia Heights herewith vacates the public alley over zhe.
following described property, to-wit:
PARCEL 1:
All that part of the alley lying between an extension northward to the
northerly line of said alley of the east and west lines of Lot Twenty-
three (23), Block One (1), Walton's Rearrangement of Lots Thirty-three
(33) and Thirty-four (34), Block Six (6), Reservoir Hills; according
to the plat thereof on file and of record in the office of the Register
of Deeds of and for Anoka County, Minnesota.
Subject to the reservation to the State of Minnesota in trust for the
taxing districts concerned of minerals and mineral rights therein.
PARCEL 2:
All that part of the alley adjacent to Lots 20 through 24, Block One (1),
inclusive, Walton's Rearrangement of Lots Thirty-three (33) and Thirty-
four (34), Block Six (6), Reservoir Hills, and lying east of the follow-
ing described line:
Beginning at a point on the south line of sa~d Block 1, Walton's Rear-
ran~ement, said point being 18.00 feet west of the southeast corner of
Lot 23 of said Block 1, Walton's Rearrangement; thence northerly on a
line 18.00 feet west of and parallel with said east line of Lot 23, a
distance of 87.00 feet; thence to a point on the north line of Lot 30
of said Block 6, Reservoir Hills, said point being 47.23 feet easterly
of the northwest corner of said Lot 30 and there terminating, all in Anoka
County, Minnesota.
Except: Ali that part of the alley lying between an extension northward
to the northerly line of said alley of the east and west lines of Lot
I~'entv-three (23), Block One (1), Walton's Rearrangement of Lots Thirty-
three (35) and Thirty-four (34), Block Six (6), Reservoir Hills; accord-
inF to the plat thereof on file and of record in the office of the Regis-
ter of Deeds of and for Anoka County, Minnesota.
Subject to the reservation to the State of Minnesota in trust for the tax-
ing districts concerned of minerals and mineral rights therein.
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:
April 12, 1982
Offered b>':
Seconded by:
Roll Call:
Bruce C. :~a:.-rocki, Mayor
Jo-Anne Student. Secretary to ~he Council
Regular Council Meeting
April 12, ]982
page 6
dl. First Read~ng of Ordinance No.lOO1 being an ordinance amending Ordinance No.853,
City Code of 1977, pertaining to the rezoning of certain real estate. This ordinance
would establish 954 43½ Avenue as an R-3 Multiple Family Zoning District. The second
reading of this ordinance was set for May 10, 1982.
Motion by Norberg, second by Petkoff to waive the reading of the ordinance there being
ample copies available to the public. Roll call: All ayes
ORDINANCE NO. lO01
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF
1977, PERTAINING TO THE tLEZONING OF CERTAIN REAL ESTATE
The City Council of the City of Columbia Heights does ordain:
Section 1: That the real property located in the 900 block of 43-1/2 Avenue Northeast,
legally described as:
Lot 33, Block 2, Reservoir Hills, Anoka County, Minnesota,
except the East 45.0 feet and the South 137.5 feet thereof
which is currently zoned "R-B", RETAIL BUSINESS DISTRICT is herewith
rezoned to "R-3", ~%'LTIPLE FA~IILY RESIDENTIAL DISTRICT.
Section 2:
Section 3:
The official Zoning Map is herewith amended to reflect said change.
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:
April 12, 1982
Offere~ by:
Secendeg
Roll ca!l:
Bruce G. Nawrocki, Mayor
Jo-Anne Student, Council Secretary
e. Resolution 82-20 regarding labor agreement between City of Columbia Heights and Amer-
ican Federation of State, County and Municipal Employees, Council No.14, Local No.495
Motion by Petkoff, second by Hovland to waive the reading of the resolution there being
ample copies available to the public. Roll call: All ayes
Motion by Norberg to table this itemi. There was no second so the motion dies. Council
President Hentges called for the vote on the resolution. Councilman Norberg appealed
the decision to call for the vote. Council President denied the appeal.
Mayor Nawrocki returned to the meeting at 8:40 pm.
RESOLUTION 82-20
REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS
AND AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES, COUNCIL NO. 14, LOCAL NO. 495
,,~,.j~=~ v~u~l~.l I meet. lng
Ap. ri1 12, 1982
page 7
WHEREAS, negotiations have proceeded between the American Federation of State, County
and Municipal Employees, Council No.14, Local No.495 representing Clerical and Technical
Employees of the City and members of the City negotiating team, and said negotiations have
esulted in a mutually acceptable contract for calendar year 1982; Now Therefore,
BE IT RESOLVED, that the contract agreement as negotiated, be and are hereby establish-
ed as the salary and fringe benefit program for calendar year 1982 for Clerical and Tech-
nical Employees of the City; and,
BE IT FURTHER RESOLVED, that the Mayor and City Manager be authorized to execute this
agreement.
Passed this 12th day of Aprit, 1982.
Offered by:
Seconded by:
Roll Call:
Petkoff
Hovland
Hovland, Petkoff, Hentges--aye
Norberg, Nawrocki--abstain
Bruce G. Nawrocki, Mayor
Jo-Anne Student, Council Secretary
Councilman Norberg wanted it to be known that he protested the vote being taken on this
resolution as he felt there was no debate allowed.
f. Resolution No.82-21 amending staff levels and personnel expenditures as adopted in the
1982 budget.
The resolution was read by Mayor Nawrocki. It was noted by the Mayor that if each City
employee were not taking a five day leave of absence without pay it would have meant
further staff layoffs to balance the City's budget.
)tion to amend by Norberg to insert into the resolution after the first "Whereas",
Ihereas, certain proposed labor agreements would result in supplements exceeding the
ty's ability to increase taxes,". Motion dies for lack of a second. Councilman Norberg
felt it should be noted that certain labor agreements have been settled at 9% and the
City's ability to increase taxes is limited to 8% which will ultimately cost jobs.
RESOLUTION 82-21
Amending Staffing Levels and Personnel Expenditures
as Adopted in the 1982 Budget
WHEREAS, the City of Columbia Heights has experienced a reduction in
anticipated local government aids from the State of Minnesota; and,
WHEREAS, the City Council after due consideration to various alterna-
tives finds that it must reduce its previously approved budget for 1982.
NOW THEREFORE BE IT RESOLVED, that the 1982 budget for the City is
amended to eliminate the following positions effective:
a) June 1, 1982 1) City Planner
2) Park Superintendent
3) Mechanic (1)
4) Police Patrolman (1)
5) Liquor Operations Manager
Regular Council Meeting
April 12, 1982
page 8
b) July 5, 1982
6) Fire Captain (1)
BE IT FURTHER RESOLVED that subject to concurrence by School District
#13, the position of Recreation Supervisor be eliminated from the budget of
the Recreation and Community Services Commission.
BE IT FURTHER RESOLVED that all permanent full-time City personnel
and members of the City Council are required to take five days leave of
absence without pay between the effective date of this ordinance and December
31, 1982; such days to be scheduled by the appropriate supervisor, subject to
approval by the City Manager, so as to minimize disruption of City services.
Passed this 12th day of April, 1982.
Offered by:
Seconded by:
Roll call:
Hentges
Hovland
Hovland, Petkoff, Hentges, Nawrocki--aye
Norberg--nay
Bruce G. Nawrocki, Mayor
Jo-Anne Student, Council Secretary
The Mayor read a proposal by the City Manager that would provide for certain budget
reductions by department during the coming year.
Motion by Hentges, second by Hovland that the City Manager be instructed to reduce
previously approved General Fund budget appropriations for various departments as
follows:
Mayor & Council S13,785
City Manager S 7,010
Assessing $ 3,100
Police $37,636
Fire $20,621
Civil Defense $ 850
Animal Control $ 1,200
Engineering $ 6,875
Street $ 9,000
Total reductions are S336,414.
Planning & Zoning
Permits & Inspections
Traffic Signs & Signals
Tree Replanting-Contractural
Library
Recreation
Park
Unallocated Contingency
Transfers
9,997
2,500
5 000
$]9~885
$12,235
9 ooo
$3]
$46 600
S]oo ooo
These reductions are subject to further review and consideration by the City Council.
Ro11 call: All ayes
Councilman Norberg spoke to a letter that had been received by the Council expressing
concern for the continuation of the Dutch elm disease control program and the tree
planting program. It was the hope of the writers of the letter that these two programs
would continue. Councilman Norberg expressed appreciation for efforts of the letter
writers and assured them that the Dutch elm program was to continue.
g. Resolution 82-22 being a resolution establishing a public hearing on a proposal
to undertake and finance a project under Minnesota Statutes, Chapter 474-Columbia
Heights Shopping Center Facility
Due to a publication error this hearing must be reschedu]ed.
Motion by Norberg, second by Hovland to waive the reading of the resolution there being
ample copies available to the public. Roi] call: Ail ayes
RESOLUTION NO. 82- 22
RESOLUTION ESTABLISHING THE DATE FOR A
PUBLIC HEARING ON A PROPOSAL TO UNDERTAKE
AND FINANCE A PROJECT UNDER MINNESOTA
STATUTES, CHAPTER 474
Regular Council Meeting
April 12, 1982
page 9
I~'HEREAS, the Minnesota Municipal Industrial Development Act, Minnesota
Statutes, Sections 474.01 et seq. (the "Act"), authorizes the issuance of revenue
Bonds to finance projects; ~d
WHEREAS, the term "project" is defined by Section 474.02, subdivision la,
of the Act to include "any properties, real or personal, used or useful in connection
with a revenue producing enterprise"; and
WHEREAS, a representative of Columbia Heights Mai.l, a Minnesota general
partnership (the "Developer") has presented this City Council with information
concernin[ a proposed project (the "Project") to be acquired and constructed within
the City of Columbia Heights (the "City"); and
WHEREAS, the Developer has requested that the City resolve to issue
revenue bonds pursuant to the Act to finance the Project and has presented to the
City a form of preliminary ordinance concerning such issuance with a request that
such preliminary ordinance, attached hereto as Exhibit A, be considered for
adoption by the City Council of the City; and
WHEREAS, Section 474.01, subdivision ?b, of the Act provides that the City
Council must conduct a public hearing on any proposal to undertake and finance a
project; and
WHEREAS, Section 474.01, subdivision 7b, of the Act provides that notice of
the time and place of such public hearing and stating the general nature of the
project and an estimate of the principal amount of bonds or other obligations to be
issued to finance the project must be published at least once not less than fifteen
(15) days nor more than thirty (30) days prior to the date fixed for the public
hearing in the official newspaper of the City and a newspaper of general
circulation in the City; and
WHEREAS, Section 474.01, subdivision 7b, of the Act provides that the
notice must state that a draft copy of the proposed application (the "Application")
to the Commissioner of the State of Minnesota for approval of the Project,
together with all attachments and exhibits, is on file with the City and available
t'or public inspection; and
WHEREAS, the Developer has presented to the City a form of public notice,
attached hereto as Exhibit B, with a request that the City Council establish a date
for a public hearing on the proposal to undertake and finance the Project and to
authorize publication of the form of public notice provided by the Developer;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Council of the City will conduct a public hearing on the
proposal to undertake and finance the Project on the 26th day of April ,
1982 at 7:30 pm in the City Council Chambers
2. The City Manager is hereby authorized to cause a public notice,
substantially in the form of the notice attached hereto as ]~xhibit B, to be published
in the official newspaper of the City and a newspaper of general circulation in the
City.
3. The City Manager is hereby authorized and directed to have available
for public inspection in the offices of the City a draft copy of the proposed
Application, together with all attachments and exhibits thereto.
Regular Council
April 12, 1982
page 10
Meeting
Passed this 12th day of April, 1982o
Offered by: Hovland
Seconded by: Petkoff
Roll Call: All ayes
Jo-Anne Student, Council Secretary
Bruce G. Nawrocki, Mayor
h. Resolution 82-23 being a resolution establishing the date for a public hearing on a
proposal to undertake and finance a project under Minnesota Statutes, Chapter 474-
Columbia Heights Office Facility
Due to a publication error this hearing must be rescheduled.
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 NO. 82-23
RESOLUTION ESTABLISHING THE DATE FOR A
PUBLIC HEARING ON A PROPOSAL TO UNDERTAKE
AND FINANCE A PROJECT UNDER MINNESOTA
STATUTES, CHAPTER 474
WHEREAS, the Minnesota Municipal Industrial Development Act, Minnesota
Statutes, Sections 474.01 et seq. (the "Act"), authorizes the issuance of revenue
bonds to finance projects; and
V;HEREAS, the term "project" is defined by Section 474.02, subdivision la,
of the Act to include "any properties, real or personal, used or useful in connection
with a revenue producing enterprise'i; and
WHEREAS, a representative of Terry Evenson, an individual (the
"Developer"), has presented this City Council with information concerning a
proposed project (the "Project") to be acquired and constructed within the City of
Columbia Heights (the "City"); and
WHEREAS, the Developer has requested that the City resolve to issue
revenue bonds pursuant to the Act to finance the Project and has presented to the
City a form of preliminary ordinance concerning such issuance with a request that
such preliminary ordinance, attached hereto as Exhibit A, be considered for
adoption by the City Council of the City; and
WHEREAS, Section 474.01, subdivision 7b, of the Act provides that the City
Council must conduct a public hearing on any proposal to undertake and finance a
project; and
WHEREAS, Section 474.01, subdivision 7b, of the Act provides that notice of
the time and place of such public hearing and stating the genera] nature of the
project and an estimate of the principal amount of bonds or other obligations to be
issued to finance the project must be published at least once not less than fifteen
(15) days nor more than thirty (30) days prior to the date fixed for the public
hearing in the official newspaper of the City and a newspaper of general
circulation in the City; and
Regular Council Meeting
April 12, 1982
page l l
WHEREAS, Section 474.01, subdivision ?b, of the Act provides that the
notice must state that a draft copy of the proposed application (the "Application")
to the Commissioner of the State of Minnesota for approval of the l~ro]ect,
together with all attachments and exhibits, is on file with the City and available
for public inspection; and
WHEREAS, the Developer has presented to the City a form of public notice,
attached hereto as Exhibit B, with a request that the City Council establish a date
for a public hearing on the proposal to undertake and finance the ?rojeet and to
authorize publication of the form of public notice provided by the Developer;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Council of the City will conduct a public hearing on the
proposa! to undertake and finance the Project on the 26th day of April . ,
1982 at 7:30 pm in the City Council Chambers
2. The City Manager is hereby authorized to cause a public notice,
substantially in the form of the notice attached hereto as Exhibit B, to be published
in the official newspaper of the City and a newspaper of general circulation in the
City.
3. The. :ity Manager is hereby authorized and directed to have available
{'or ou~lie insoeetion in the offices of the City a draft copy of the proposed
Application, together with all attachments and exhibits thereto.
Passed this 12th day of April, 1982.
Offered by: Hentges
Seconded by: Hovland
Roll call: All ayes
Jo-Anne Student, Council Secretary
Bruce G. Nawrocki, Mayor
It was noted that the costs for the errors made on the publications for these two
resolutions (resolution 82-22 and 82-23) would be paid by the developer of the pro-
jects.
6. Communications
a. Planning & Zoning Commission
1. Ference Schalk, 4130 Monroe Street, Variance
Motion by Hentges, second by Petkoff to allow a two foot side yard setback variance
to Ference Schalk, 4130 Monroe Street, to permit construction of an addition to the
house. The Planning & Zoning Commission recommended that this variance be approved
as it would improve the livability of the house. Councilman Norberg stated that he
is opposed to the "livability" section of the ordinance as it represents a real
threat to the control that the ordinance has.
Roll call: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--abstain
2. Richard Lange, 1032 4~th Avenue, Rezoning Request
The City Manager felt this matter was adequately handled by Ordinance #1001 earlier
in the meeting. No further action was taken at this time.
3. Mildred Varone, 3700 2½ Street, Special Purpose Fence
Motion by Hentges, second by Petkoff to authorize a special purpose fence at 3700 2½
Street as recommended by the Planning & Zoning Commission.
Regular Council Meeting
April 12, 1982
page 12
This fence will be a special purpose fence because Mrs. Varone is requesting a variance
of 9 feet to encroach upon the public boulevard along 37th Avenue. Councilman Norberg
requested the City Attorney to state for the record if there would be any possibility
of adverse possession by virtue of this fence. The City Attorney stated there would be
no possibility of this occuring, the City would not lose its right to access, and the
property would remain a public right of way.
Roll call: All ayes
b. Traffic Commission
The Traffic Commission minutes of April 5, 1982 were received by the Council. No action
was necessary.
c. Commission and Board Members
The Council was advised, in writing, of the expiring terms of members of boards and com-
missions. A letter will be sent to these people inquiring if they wish to continue to
serve.
7. Old and New Business
a. Old Business
1. Payment of Voucher #435310 A & B Sporting Goods Company
Motion by Hentges, second by Norberg to ratify the action of the City Manager regarding
the purchase of chevrons from A & B Sporting Goods Company in the amount of $689, based
upon low, informal quotation; and furthermore, that check #43541 be approved for pay-
ment. Roll call: All ayes
b. New Business
1. Columbia Heights Jamboree, June 24-27, 1982
Motion by Petkoff, second by Hentges to approve June 24-27, 1982, as the dates for the
Columbia Heights Jamboree with the parade being held on Friday, June 26th; and further-
more, that above be subject to license and bond approval, and coordination of parade
activities with Police Chief and Fire Chief prior to the Jamboree. Roll call: All ayes
2. Release and Settlement of Insurance Claims-Re-Roofing of Library
Motion by Norberg, second by Petkoff to authorize the Mayor and City Manager to execute
the re]ease and settlement for claims against Central Roofing Company and Wausau Insur-
ance Companies for damage sustained at the Columbia Heights Public Library during Nov-
ember and December of ]98]. Roll call: All ayes
Councilman Norberg felt the Library Board should be commended for their insistence that
this matter be pursued and their efforts that resulted in the settlement.
3. Additional Manhours by City Attorney's Staff for Prosecution of Gross Misdemeanor
and Aggravated DWI's
A letter was received from the City Attorney indicating that recent changes in state
]aw regarding the prosecuting of gross misdemeanors and aggravated dwi's will possibly
result in an increase of manhours from his office. He indicated that an estimated in-
crease may be that of 150 hours and an additional cost of approximately $7,000. Dis-
cussion fo]lowed as to the disposition of the fines that are realized from any pro-
secutions. Also discussed was the need for this authorization at this time rather than
at a later time when a need for increased manhours could be more accurately defined.
Motion by Norberg, second by Petkoff to table this matter until the first regular
Council meeting in September. Roll call: All ayes
Regular Council Meeting
April 12, 1982
page 13
4. Authorizations to Purchase
a. Hydrant Replacement and Repair Parts
Motion by Norberg, second by Hentges to authorize the purchase of replacement and
repair parts for Waterous fire hydrants from the Water Products Company in the amount
of $2,298; and furthermore, that Council recognizes this to be a proprietary item.
Roll call: All ayes
b. Repair Parts for Sullivan Lake Lift Station
Motion by Hentges, second by Norberg to authorize the purchase of repair parts for
Sullivan Lake Lift Station from the Can-Tax Corporation in the amount of $584; and
furthermore, that the Council recognizes this to be a proprietary item. Roll call:
All ayes
c. Miscellaneous Casting Replacement & Repair Items
Motion by Norberg, second by Hovland to authorize the purchase of 12 two-inch
adjusting rings, 6 R-1728 frames, and 12 R-3246 high capacity "V" type frames
from Ess Brothers in the amount of $1,794; based upon low, informal quotation.
Roll call: All ayes
d. Fertilizer for Park Areas
Motion by Norberg, second by Hentges to table this matter until other sources of
supply can be requested for a bid. Roll call: All ayes
RECESS: 9:45 pm
RECONVENE: 10:05 pm
5. Award of Bid-Annual Spring Cleanup
Motion by Petkoff, second by Norberg to award the bid and authorize the Mayor and City
Manager to execute a contract with MCS Refuse, Inc. at a price of $3.50 per cubic yard;
based on low, formal quotation. Roll call: All ayes
6. Appointment of Acting Recreation Community Services Director
Motion by Petkoff, second by Hovland to establish the temporary position of Acting Rec-
reation and Community Services Director effective April 2, 1982; and furthermore, to
establish a starting rate for John Tiggas in the amount of $2,116 per month, subject
to concurrence by School District #13. Roll call: All ayes
7. Revised Job Description for Director of Recreation and Community Servi'ces
Motion by Petkoff, second by Nawrocki to offer approval of the job description for
Director of Recreation and Community Services with the removal of that section titled
"Desired Qualifications." There was concurrence of the Council that this section
should be deleted.
Motion to amend by Nawrocki, second by Hovland the third paragraph under "Primary
Duties"be replaced with the following: "Assists in personnel recruitment and dis-
ciplinary actions." Roll call on amendment: All ayes
Motion to amend by Norberg, second by Hentges to replace the second sentence in the
section "Minimum Requirements: with the following: "Five years progressive exper-
ience in a supervisory capacity." Roll call on amendment: All ayes
Roll call on amended motion: All ayes
8. Correction Regarding Award of Bid for Class 2 Road Aggregate Material
Motion by Norberg, second by Hentges to reconsider the motion awarding various road
materials contract. Roll call on reconsideration: All ayes
Motion to amend the motion under reconsideration by Norberg, second by Hentges to
delete the reference to Bid D Class 2 aggregate to Midwest Asphalt for $6.05 a ton
and substitute therefore, the award to J.L. Shiely for $5.20 a ton. Roll call: All ayes
Regular Council Meeting
April 12, 1982
page 14
Motion by Norberg, second by Hentges to authorize the award for road materials as
amended. Roll call: All ayes
9. Authorization to Seek Bids for Silver Lake Beach Concession Stand
Motion by Petkoff, second by Hovland to authorize the City Manager to seek bids for
the leasing of the Silver Lake Beach concession stand; and that bids be received on
May 19th, and referred to the Council on May 24th. Councilman Norberg felt the stand
has a history of losing money, generates no business, and should not continue oper-
ating. Councilman Hentges was not in the chambers at the time of the vote.
Roll call: Hovland, Petkoff, Nawrocki--aye Norberg--nay
10. Approval of Change Order and Final Payment for Electrical Contract on Project #
8121- P.I.R. 767.
This item is regarding the relocation of 41st Avenue.
Motion by Hovland, second by Hentges to approve change order #2 in the amount of $400
to Collins Electric Company for work related to Project #8121-P.I.R. 767. Roll call:
All ayes
Motion by Hentges, second by Hovland to approve the final payment to Collins Electric
Company in the amount of $2,032.25; based upon the project engineer's certification
of work completed. Roll call: All ayes
11. Pilot Project-Propane Conversion of Certain City Vehicles
The request for this information came from Councilman Norberg. He requested that this
item be passed on the agenda.
12. Transfer of Parking Ramp Property and Improvements from the HRA Ownership to the
City of Columbia Heights
Discussion was held on the ownership of the ramp, its liability and insurance.
Motion by Petkoff, second by Norberg to authorize the the Mayor and City Manager to
accept title of the nevviy constructed parking ramp and rea] property from the Hous-
ing and Redevelopment Authority; and furthermore, that the City Attorney prepare nec-
essary documents to consumate this transaction. Roll call: Ali ayes
13. Toner for the Kodak Copier
Motion by Petkoff, second by Hentges to authorize the City Manager to purchase twelve
(12) cartons of toner for the Kodak Copier in the amount of $636. This item is a
proprietary item. Roll call: All ayes
14. Transfer o~ Title to Columbia School Property
The Mayor sent a memo to members of the City Council regarding taking title to all or
part of the Columbia School property. This action had been suggested by a member of the
School Board for the Council's consideration. The School Board w111 be considering the
disposition of this property at their scheduled meetin9 of April 13th and the Mayor
wished to be able to convey the opinions of the Council members to the School Board at
that meeting. Discussion followed regarding this transaction.
Motion by Nawrocki, second by Petkoff that the City Council would offer to purchase
from the School District the Columbia School property for the sum of $1.00 for the
purpose of re-selling that property and placing the proceeds of that sale, after
costs, into a special fund that would only be used for a community education and
recreation program facility or to be returned to the School District in some to-be-
agreed upon period of time if the money is not spent for that purpose.
Councilman Norber9 made a motion to go into an Executive Session with the City Attorney
Regular Council Meeting
April 12, 1982
page 15
to discuss the transfer of title to the Columbia School property. He was advised there
was no authority for making this request.
Motion by Hentges, second by Hovland to waive the "11:30" rule and continue the meet-
ing until midnight, and take a ten-minute recess at the present time. Roll call: Pet-
koff, Hovland, Hentges, Nawrocki--aye Norberg--nay
RECESS: 11:30
RECONVENE: 11:40
Councilman Norberg felt the title transfer to the City of Columbia Heights would be
unfair to the taxpaying citizens of Fridley who live in the School District. Mayor
Nawrocki noted that the City of Columbia Heights has paid half of all of the muni-
cipal costs for the recreation programs yet the programs have always been available
to and used by the citizens of the cities of Fridley and Hilltop in the School Dist-
rict. Councilman Hentges expressed a concern for the City to take on the whole res-
ponsibility for the building and the property, particularly with regard to insurance
and utility costs.
Roll call: Hovland, Petkoff, Nawrocki--aye Norberg, Hentges--nay
The Mayor noted that if the monies realized from the sale of this property are not
used for a community recreation facility they would automatically revert back to the
capital fund of the School District.
15. Casablanca Cafe--Wine License
The Mayor had forwarded a memo to the Council members asking for their consideration
for issuing a license to this cafe to serve wine. The City's wine ordinance had
certain requirements that could not be met by this cafe and discussion followed
regarding how these requirements could be dealt with. The Council was polled on an
informal basis regarding their opinions for waiving some of these requirements and
the majority were opposed to these waivers.
Waiver of Time Limitation
Motion by Petkoff, second by Hovland to waive the time limitation of midnight and to
finish the business of the agenda. Roll call: Hovland, Petkoff, Nawrocki--aye Hentges,
Norberg--nay
16. Restaurant Operation--Sunday Liquor
The Mayor sent a memo to the members of the City Council informing them of a developer's
interest in building a restaurant on 51st and Central Avenue. This operation would
be open for business seven days a week and would want to serve liquor every day in-
cluding Sunday. Presently, serving of liquor on Sunday is not allowed in the City of
Columbia Heights. Authorization for the City Council to allow Sunday liquor in the
City would require a vote b~the residents. Councilman Hentges inquired as to the
approximate cost of a vote of this nature and was advised it would be about $4,000.
No one on the Council expressed much interest in pursuing the matter at this time.
Councilman Hentges left the meeting at 12:10 am.
17. Merit Adjustment for Linda Hansen, Recreation and Community Services Director
There was discussion as to the amount of money involved and the time period for which
Ms. Hansen would be receiving the merit adjustment.
Motion by Norberg to approve a 4% merit adjustment to Linda Hansen, Recreation and
Community Services Director for the period of October l, 1981 to April 1, 1982. Mot-
ion dies for lack of a second. Mayor Nawrocki noted that Linda Hansen's resignation
was effective April 1, 1982.
Motion by Nawrocki that the Council approve a 2% merit adjustment for Linda Hansen.
Motion dies for lack of a second. The Mayor said this merit adjustment was for the
Regular Council Meeting
April 12, 1982
page 16
services rendered based on the anniversary date of Linda Hansen's employment. Council-
man Hovland thought there was nothing in the data supporting the request for this
merit adjustment. He felt the activities and accomplishments listed in the merit
adjustment material were always considered part of the job.
Motion by Hovland, second by Petkoff to grant no merit adjustment for Linda Hansen.
Roll call: Hovland--aye Norberg, Nawrocki--nay Petkoff--abstain
Mayor Nawrocki requested that this item be placed on the agenda for the next regular
Council meeting.
8. Reports
a. Report of the City Manager
This report was presented in written form. The City Manager spoke to a number of the
items contained in the report. He also addressed the issue of early retirement for
City employees in regards to the 1982 budget and personnel layoffs. He said he will
be pursuing the methods by which this can be accomplished.
b. Report of the City Attorney
The City Attorney spoke briefly to the contacts he has had with the Cattleman's Rest-
aurant who is interested in building one of their establishments in the City of Col-
umbia Heights. They were interested in serving liquor on Sunday.
9. Licenses
Motion by Norberg, second by Petkoff to approve the licenses as listed upon payment
of proper fees and that the license application of Mark F. Et]iott for a taxi cab
driver license be denied, as recommended by the Police Department. Roll call: All
ayes
10. Payment of Bills
Motion by Petkoff, second by Hovland that the bills as listed be paid out of proper
funds. Roll call: All ayes
VFW Post k230 Fla9 Donation
Mayor Nawrocki expressed appreciation to VFW Post ~230 fog the flags donated to the
City.
~djournment
Motion by Petkoff, second
All ayes
by Hovland to adjourn the meeting at 12j45 am~/ Roll ca~l:
Bru"~G. Nawrocki, Mayor
/Anne St~den't, Coun~'"h~ec
retary