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HomeMy WebLinkAboutFeb 8, 1982Official Proceedings Columbia Heights City Council Regular Meeting February 8, 1982 The meeting was called to order by Mayor Nawrocki at 8:05 pm. 1. Roll Call Hovland, Petkoff, Norberg, Hentges, Nawrocki--present 2. Invocation The Invocation was offered by Pastor Douglas Henderson of Peoples Church. 3. Minutes of Previous Meetings Motion by Hentges, second by Petkoff to approve the minutes of the January 25th Public Hearing; the January 25th Regular Council Meeting; the January 25th Board of Trustees- Volunteer Firefighters Relief Association; and, the January 28th Special Council Me- eting; as presented in writing, and that the reading be dispensed with. Roll call: All ayes 4. Oral Petitions Five residents of Fifth Street came to the meeting to discuss the proposed improvement project for Fifth Street, between 40th and 44th Avenues. The Mayor reviewed the speci- fics of the project for those residents who had not attended the public hearing which dealt with this project. Discussion followed regarding what some of the residents felt was essential parts of the project and those items they thought need not be done. It was stated by the Council that the watermain, which was put in in 1896, was the largest part of the project. Assessment costs, administration costs, and rates of interest were discussed. These costs are all estimates at the present time and if the bids that are received on this project exceed 10% over the estimate the hearing will be re- opened. 5. Ordinances and Resolutions a. Second Reading of Ordinance No.989 being an ordinance amending Ordinance No.853, City Code of 1977, pertaining to garbage and rubbish regulation 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 The City Manager reviewed the changes being proposed in this ordinance. They are as follows: prohibit the storage of containers beyond the front of the house; and, for a corner property with no alley, the storage of refuse containers between the build- ing and any intersecting street; establish a time frame within which refuse contain- ers may be placed at the curbside and when they must be removed. This situation will apply only where alley pick-up is not provided. A lengthy discussion followed regard- ing the criminal provisions of the ordinance and the directory sections. Many questions were raised pertaining to enforcement and subjects that were not addressed in this ordinance. ORDINANCE NO. 989 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO GARBAGE AND RUBBISH REGULATION The City Council of the City of Columbia Heights does ordain: Section I: Section 8.301(5) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: Regular Council Meeting February 8, 1982 page 2 "Where alleys are platted and open for traffic, garbage cans shall be placed at the rear of said property adjoining the alley. Where no alley exists, garbage cans will be kept at or near the back door, provided, however, that where the back door is not reasonably accessible from the front yard, the container shall be placed at a point ad- jacent to the house which is reasonably accessible to the front of the house." is herewith amended to read as follows, to-wit: Section 2: Where alleys are platted and open for traffic, garbage cans shall be placed at the rear of said property ~djoinin§ the alley. Where no alley exists, garbage cans will be kept at or near the back door, provided, however, that where the back door is not reasonably accessible from the front yard, the container shall be placed at a point adjacent to the house which is reasonably accessible to the front of the house but not beyond the front of the house. Corner proper- ties with no alleys shall not store refuse containers inbe- tween the building and any intersecting street. Where no alleys exist, garbage cans may also be placed at the curb line on pick-up day. Section 8.301(7) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: "The presence of any garbage or rubbish on any property other than within a structure permitted by the Zoning Code within the City or in any container other than that authorized by this section or in the presence of containers not conform- ing with the requirements of this section, except as speci- fically authorized by this section, shall constitute a public nuisance under this section and shall constitute an offense punishable under Section §8.301(9).'~ is herewith amended to read as follows, to-wit: The presence of any garbage or rubbish on any property other than within a structure permitted by the Zoning Code within the City or in any container other than that authorized by this section or in the presence of containers not conforming with the requirements of this section, except as specifically authorized by this section, shall constitute a public nuisance under this section and shall constitute an offense punishable under Section §8.301(9). The presence of any garbage or rubbish or garbage containers in front or to the side of the building which is the principal structure on the parcel where the building is located except as is specifically authorized by this section is a public nuisance and shall constitute an offense punishable under Section §8.301(9). Provided, however, that in areas where curb line pick-up is permitted pursuant to Section §8.301(4), no garbage, refuse, or garbage cans may be permitted in front of the said principal structure prior to 7:00 p.m. of the evening prior to the day of a pick-up scheduled pursuant to Section ~8.301(8) and after 9:00 a.m. of the morning after the day of a said scheduled pick-up. Regular Council Meeting February 8, 1982 page 3 Sect ion 3: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: January 25, 1982 S~cond Reading: February 8, 1982 Date of Passage: Offered by: Seconded by: Roll Call: Bruce G. Nawrocki, Mayor Jo-Anne Student, Secretary to the Council Motion by Norberg, second by Hovland to continue this hearing until the next regular meeting and that the City Attorney prepare recommendations for amendments to this ordinance that would address the problems raised by the Council. Roll call: Hovland, Norberg, Nawrocki--aye Petkoff, Hentges--nay Motion carries b. First Reading of Ordinance No.988 being an ordinance giving preliminary approval to a project under the municipal industrial development act referring the proposal to the Commissioner of Energy, Planning and Development for approval and authori- zing preparation of necessary documents. Under the terms of this ordinance, indust- rial development revenue bonds would be provided for Richard Anderson for construction of Anderson's House of Furniture. This ordinance had previously been referred to the Traffic Commission and the Planning & Zoning Commission. Neither of these commissions recommended approval as they felt there was not enough information on the construction plans at this time. Their findings were presented to the Council in copies of the minutes of each commission dealing with this matter. 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. 988 BEING AN ORDINANCE GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES AND REAL ESTATE FOR APPROVAL, AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS The City of Columbia Heights does ordain: 1. It is hereby found, determined and declared as follows: 1.l. The welfare of the State of Minnesota requires active promo- tion, attraction, encouragement and development of economically sound industry and commerce through governmental acts to prevent, so far as possible, emergence of blighted lands and areas of chronic unemployment, and it is the policy of the State of Minnesota to facilitate and encourage action by local government units to prevent the economic deterioration of such areas to the point where the process can be reversed only by total redevelopment through the use of local, state and federal funds derived from taxation, with the attendant necessity of relocating displaced persons and of duplicating public services in other areas. Regular Council Meeting February 8, 1982 page 4 1.2. Technological change has caused a shift to a significant degree in the area of opportunity for educated youth to processing, transporting, marketing, service and other industries, and unless existing and related industries are retained and new industries are developed to use the available resources of the City of Columbia Heights (the "City"), a large part of the existing investment of the community and of the state as a whole in educational and public service facilities will be lost, and the movement of talented, educated personnel of mature age to areas where their services may be effectively used and compensated and the lessening attraction of persons and businesses from other areas for purposes of industry, commerce and tourism ~'ill deprive the City and the State of the economic and human resources needed as a base for providing governmental services and facil- ities for the remaining population. 1.3. The increase in the amount and cost of governmental services requires the need for more intensive development and use of land to provide an adequate tax base to finance these costs. 1.4. A representative of R.J. Anderson Enterprises, Inc., d/b/a Anderson Furniture, a _Minnesota corporation (hereinafter the "Applicant"), has advised this City Council (the "Council") that it desires to acquire land, construct a building thereon and install equipment in connection therewith all for use as a retail home furnishings center (hereinafter referred to as the "Proiect"). 1.5. The existence of the Project in the City will contribute to more intensive development and use of land to increase the tax base of the City and overlapping taxing authorities and maintain and provide for an increase in opportunities for employment for residents of the City. 1.6. The City has been advised that conventional, commercial fingrncing to pay the capital cost of the Project is available at such costs of borrowing that the economic feasibility of operating the Project would be significantly reduced, but that with the aid of municipal financing, and its resulting ]ow borrowing cost, the Project is economically more feasible. 1.7. This Council has been advised by a representative of the Applicant that on the basis of information submitted to it and its discussions with representatives of area financial institutions and potential buyers of tax-exempt bonds, industrial development revenue bonds of the City could be issued and sold upon favorable rates and terms to finance the Project. 1.8. The City is authorized by Minnesota Statutes, Chapter 474, to issue its revenue bonds to finance the cost, in whole or in part, of the acquisition, construction, reconstruction, improvement or extension of cap- ital projects consisting of properties used and useful in connection with a revenue producing enterprise, such as that of the Applicant, and the issuance of such bonds by the City would be a substantial inducement to the Applicant to construct its facility in the City. 2. On the basis of information given the City to date, it appears that it would be in the best interest of the City to issue its industrial development revenue bonds under the provisions of Chapter 474 to finance the Project of the Applicant at a cost presently estimated not to exceed $900,000. Regular Council Meeting February 8, 1982 page 5 3. The Project above referred to is hereby given preliminary approval by the City and the issuance of bonds for such purpose and in such amount approved, subject to approval of the Project by the Commissioner of Securities and Real Estate and to the mutual agreement of this body, the Applicant and the initial purchasers of the bonds as to the details of the bond issue and provisions for their payment. I~ all events, it is understood, however, that the bonds of the City shall not constitute a charge, lien or encumbrance legal or equitable upon any property of the City except the Project and each bond, when, as, and if issued, shall recite in substance that the bond, including interest thereon, is payable solely from the revenues received from the Project and property pledged to the payment thereof, and shall not constitute a debt of the City. 4. In accordance with ~dinnesota Statutes, Section 474.01, Subdivision 7a, the Mayor of the City is hereby authorized and directed to submit the proposal for the Project to the Commissioner of Securities for approval of the Project. The Mayor, Clerk, Treasurer and other officers, employees and agents of the City are hereby authorized to provide the Commissioner with any preliminary information needed for this purpose, and the City Attorney is authorized to initiate and assist in the preparation of such documents as may be appropriate to the Project, if it is approved by the Commissioner. 5. The law firm of Holmes & Graven, Chartered, is authorized to act as Bond Counsel and to assist in the preparation and review of necessary documents relating to the Project and bonds issued in connection therewith. The Mayor, Clerk-Treasu~rer, City Attorney, and other officers, employees and agents of the City are hereby authorized to assist Bond Counsel in the preparation of such documents. 6. This ordinance shall be in full force and effect from and after thirty days after its passage. First Reading: Second Reading: Offered by: Seconded by: Roll Call: Date of Passage: February 8, 1982 Mayor (30) Secretary to the Council c. Resolution 82-06 being a resolution establishing the date for a public hearing on a proposal to undertake and finance a project under Minnesots Statutes, Chapter 474. This resolution calls for a public hearing on Ordinance # 988 with regard to Anderson's House of Furniture. Motion by Norberg, second by Hentges not to read the resolution. Roll call: Norberg, Hentges--aye Hovland, Petkoff, Nawrocki--nay Motion fails. Motion by Petkoff, second by Norberg to waive the reading of the resolution. Roll call: All ayes RESOLUTION NO. 82-06 - ESTABLISHING THE DATE FOR A PUBLIC HEARING ON A PROPOSAL TO UNDERTAKE AND FINANCE A PROJECT UNDER MINNESOTA STATUTES, CHAPTER 474 Regular Council Meeting February 8, i1982 page 6 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 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 R.J. Anderson Enterprises, Inc., d/b/a Anderson Furniture, a Minnesota corporation (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 uCity"); and ~¥HEREAS, 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 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 Securities of the Securities Division of the Department of Commerce of the State of Minnesota for approval of the Project, together with all attachments and exhibits, is on file with the City and available for public inspec- tion; 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 8th day of March, 1982, at 7:30 P.M. in the City Council Chambers. 2. ~he 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. Regular Council Meeting February 8, 1982 page 7 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. Passed this ~th day of February , 1982. Offered By: Seconded By: Roll Call: Petkoff Hovland Hovland,-Petkoff, Nawrocki--aye Norberg, Hentges--nay Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary EXHIBIT B NOTICE OF PUBLIC HEARING ON A PROPOSED PROJECT AND THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, MINNESOTA STATUTES, CHAPTER 474, AS AMENDED THE CITY OF COLUMBIA HEIGHTS, MINNESOTA NOTICE IS HEREBY GIVEN that the governing body of the City of Columbia Heights, Minnesota (the "City"), will meet on March 8, 1982, at 7:30 p.m. at City offices in Columbia Heights, Minnesota, for the purpose of conducting a public hearing on a proposal that the City issue its revenue bonds under the Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, as amended, in order to finance the cost of a project. The proposed project will consist of the acquisition of land within the City, the construction of a building thereon and the installation of equipment in connection therewith for use as a retail home furnishings center to be owned by R.J. Anderson Enterprises, Inc., d/b/a Anderson Furniture, a Minnesota corporation, for use in its business. The estimated total amount of the proposed bond issue is $900,000. The bonds shall be limited obligations of the City and the bonds and interest thereon shall be payable solely from the revenues pledged to the payment thereof, except that such bonds may be secured by a mortgage and other encumbrance on the project. No holder of any such bond shall ever have the right to compel any exercise of the taxing power of the City of Columbia Heights to pay the bonds, or the interest thereon, nor to enforce payment against any property of the City except the project. A draft eopy of the proposed application to the Minnesota Commissioner of Securities for approval of the project, together with all attachments and exhibits thereto, is available for public inspection at the City offices. Ail persons interested may appear and be heard at the time and place set forth above. [ Date of Publication] BY ORDER OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS Regular Council Meeting February 8, 1982 page 8 d. Resolution 82-07 being a resolution establishing travel and meal compensation reimbursement rates 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 There was some discussion regarding the State of Minnesota schedule and the schedule adopted by_Anoka County for reimbursement. Motion to amend by Norberg, second by Hentges to reduce by 2¢ the mileage allowance for non-metropolitan area travel and mileage allowance for 7-county metropolitan area travel. Roll call: Norberg--aye Hovland, Petkoff, Hentges, Nawrocki--na¥ Motion fails. RESOLUTION 82- 07 ESTABLISHING TRAVEL AND MEAL COMPENSATION REIMBURSEMENT RATES WHEREAS, the City of Columbia Heights encourages its employees to utilize City-owned vehicles to conduct city business whenever possible; and WHEREAS, it is not always possible to utilize a city vehicle to conduct city business resulting in employees using their personal vehicle; and WHEREAS, the City of Columbia Heights has as a practice used the compensation rates for travel and meals as established by the State of Minnesota; and WHEREAS, the State of Minnesota has established new rates for travel and meal reimbursement; Now, Therefore, Be It RESOLVED, that the City of Columbia Heights establish the following reimbursement rates for travel and meals to be effective March 9, 1982. Mileage 19¢ per mile for non-metropolitan area travel 24¢ per mile for 7-County Metropolitan area travel Meals (Maximum reimbursement, including sales tax.) $4.50 Breakfast $5.50 Lunch $9.50 Dinner Passed this 8th day of February, 1982. Offered by: Seconded by: Roll call: Hentges Petkoff Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--nay Jo-Anne Student, Council Secretary Bruce Go Nawrocki, Mayor Regular Council Meeting February 8, 1982 page 9 6. Communications a. Traffic Commission The minutes of the Traffic Commission meeting of February 1st were given to the Council in written form. The need for an alley to accommodate the proposed Tele- prompter site was included in the report and was discussed by the Council. Motion by Norberg, second by Hentges to direct the City Attorney to draft a resolu- tion to obtain easements for the alley. The Mayor observed that a need for this alley should be established at a hearing. Roll call: Norberg, Hentges--aye Hovland, Petkoff, Nawrocki--nay Motion fails. b. Planning & Zoning Commission 1. Ide Incorporated, 2205 California Street N.E., Conditional Use Permit The Ide's are requesting a conditional use permit to operate a 1,500 square foot restaurant at 4020 Central Avenue. The City Manager explained the specifics of the operation and the City Planner showed a copy of the floor plan to the Council. Discussion followed regarding the impact this restaurant may have on parking in the area and that a parking policy for this area has not at this time been developed. Discussion continued concerning future needs to be satisfied by property owners and tenants that would be addressed by ordinances. Motion by Norberg, second by Petkoff that the Conditional Use Permit be granted con- tingent upon the signing with the City of an agreement for prior commitment to the parking requirements as outlined during this meeting and that this agreement be brought back to the Council at the next regular meeting. Roll call: All ayes RECESS: ll:O0 RECONVENE: ll:lO c. Insurance Commission Motion by Norberg, second by Hentges to authorize the purchase of Public Officials and Employees' Liability Insurance from Western World Insurance Co. through the W. A. Lang Co. at a premium cost of $3,095. Roll call: All ayes d. Letter from S.A.C.A. The Mayor and Council members received a letter from Rosemary Byrnes, Executive Director of S.A.C.A., thanking them for their efforts on behalf of S.A.C.A. during the 1981 Christmas season. e. Cable TV Commission A letter was received from James Fowler resigning as a member of the Cable TV Commission. 7. Old and New Business a. Old Business At this time there was no old business. b. New Business 1. Joint Law Enforcement Council Agreement Motion by Norberg, second by Hentges to authorize the Mayor and City Manager to execute a revised Joint Law Enforcement Council Agreement. The revisions allow four additional cities to participate in the Council. Roll call: All ayes Regular Council Meeting February 8, 1982 page 10 2. Authorization to Purchase: a. Metal Detector Motion by Hentges, second by Hovland to purchase a metal detector from Albinson's of Minneapolis in the amount of $575, based upon low, informal quotation. Roll call: All ayes b. Pipe and Cable Locater Motion by Hentges, second by Norberg to purchase a pipe and cable locater from Davies Water Equipment of Minneapolis, based upon ]ow, informal quotation. Roll call: All ayes c. Pumps for Water and Sewer Department Motion by Hentges, second by Norberg to purchase a 2" centrifugal pump from Hayden- Murphy of Bloomington based upon their iow, informal quotation of $671; and a ]½" diaphram pump from Fadden Pump of New Brighton based upon their ]ow, informal quo- tation of $607.50. Roll call: All ayes 3. Authorization to Seek Bids-Road Materials and Equipment Rental Motion by Norberg, second by Hentges to authorize the City Manager to advertise bids for various road materials and equipment rental. Roll call: AIl ayes 4. Establish Dates for Work Sessions Saturday, February ]3 at 9:00 am and Tuesday, February 16 at 9:00 pm were the dates selected for work sessions. 5. Snow Blower Repair Motion by Norberg, second by Petkoff to authorize the City Manager to purchase a gear box for the City's snow blower in the amount of S1,095.75, this being a proprietary item. Roll call: All ayes 7. Letter from Metropolitan Transit Commission A letter was received from the MTC regarding its 1983 bus shelter program. Two sites have been submitted for consideration for placement of bus shelters in the City. They are at 44th and Jefferson and 37th and University. The Mayor suggested if members of the Council had other sites they would like to see given consideration they should mention these to the City Manager. The Mayor stated that there will be one shelter available for the City of Columbia Heights in 1983. 8. Dumping of Snow It was noted by Councilman Hentges that other municipalities have been dumping snow on property in Columbia Heights at two sites that he knows of. The City Attorney spoke to the statute that addresses the dumping of snow on publicly-owned or privately-owned property that is adjacent to highways. Discussion followed regarding the prohibition of dumping snow on these properties. If this snow build up were to continue it could cause considerable flooding problems in the City. 9. Firefighters Ladies Auxiliary A letter was received from Mrs. Susan Miskowic regarding the Diamond Jubilee Tea the Firefighters Ladies Auxiliary is giving in April. The letter was requesting a donation from the Council. 8. Reports a. Report of the City Manager This report was submitted in writing. The City Manager and the Council discussed a number of items contained in the report. Regular Council Meeting February 8, 1982 page ll 11:30 Adiournment Rule Motion by Hentges, second by Hovland to dispense with the ll:30 adjournment rule. Roll call: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--nay Councilman Norberg spoke to material received from the Library regarding the expenditures and revenues of the Library for the last ten years. The sources of the revenues were discussed. b. Report of the City Attorney The City Attorney gave the Council an update on the hazardous house located at 1513 37th Avenue N.E. 9. Licenses Motion by Norberg, second by Hovland that the licenses be granted upon payment of proper fees. Roll call: All ayes A letter was received by the City Manager from the Engler Theatres requesting that the late penalty fee be waived. A memo was attached from the License clerk for the City explaining the procedure employed to notify previous license holders of the re~ newal date. Motion by Norberg to excuse Engler Theatres from late fees on the basis of previous prompt payment and confusion. Motion dies for lack of a second. It was noted that a large percentage of the applicants for licenses being considered for approval at this meeting will be paying the penalty fees. 10. Payment of Bills Motion by Norberg, second by Hentges that the bills be paid out of the proper funds. Roll call: All ayes A~journment Motion by Norberg, second by Hentges to adjourn the meeting at 12:10 am. Roll call: All ayes -~Anne Student, £o~nc~r~r Secretary Bruce G. Nawrocki, Mayor