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HomeMy WebLinkAboutOct 24, 1982"OFFICIAL PROCEEDINGS COLUHBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL HEETING OCTOBER 2~, 1983 The meeting was called to order by Mayor Nawrockl at 8:00 pm. 1. Roll Call Hovland, Petkoff, Norberg, Nawrocki--present ill and unable to attend the Council meeting. Hentges--absent Councilman Hentges was 2. Invocation The Invocation was offered by Councilman Norberg. 3. Minutes of Previous Meetings Motion by Norberg, second by Hovland to approve the minutes of the Continued Special Meet- ing-Public Hearing of October 5th; the Regular Council Meeting of October 11th; the Board of Trustees, Firefighters Volunteer Division of October 11th; and, the Canvassing Board Meeting of October 20th as presented in writing and that the reading be dispensed with. Roll call: AI1 ayes 4. Oral Petitions There were no oral petitions. 4a. Proclamations Mayor Nawrocki read a proclamation declaring the month of November as Epilepsy Honth in the City of Columbia Heights. The Mayor thanked Doug Hill of Columbia Heights for his ef- forts on the behalf of the Epilepsy League. Ordinances and' Resolutions a. Second Reading of Ordinance No. I060 Granting a Certain Easement Motion by Petkoff, second by Hoviand to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes This ordinance would grant a twenty-two foot driveway easement over and across the parking lot behind the Library. Discussion continued regarding whether twenty-two feet was actually needed or if the resident could still conveniently gain access to her garage with less foot- age. Motion to amend by Hovland, second by Norberg to change twenty-two feet to twelve feet. Roll call on amendment: Hovland, Norberg, Nawrocki--aye Petkoff--nay Councilman Norberg noted that the resident is requesting approximately one-third of the prop- erty that was originally sold to the City back with this easement request. He sees no just- ification for the easement and suggested that the property in question could be sold back to the resident. Motion by Norberg, second by Petkoff to table this ordinance for further consideration until the next Council meeting at which time the City Manager will have an evaluation of the prop- erty for sale purposes. Roll call: Petkoff, Norberg--aye Hovland, Nawrocki-nay Motion fails. Roll call on amended ordinance: Hovland, Nawrocki--aye Petkoff, Norberg--nay Passage of Ordinance No. 1060 fails. Motion by Petkoff, second by Hovland to reconsider the second reading of Ordinance No. 1060. Roll call on reconsideration: Hovland, Petkoff, Nawrockl--aye Norberg--abstain Motion by Norberg, second by Hovland to continue the second reading of Ordinance No. 1060 until the Council meeting on October 27th, 1983 at 9:30 pm. Roll call: All ayes Regular Council Meeting October 24, 1983 page 2 b. Second Reading of Ordinance No. 1061 Vacating an Alley It was noted that additional information was needed on this vacation and the City Manager requested that this matter be continued. Motion by Norberg, second by Hovland to continue the second reading of Ordinance No. 1061 and the public hearing until the Council meeting on October 27, 1983 at 9:30 pm. Roll call: All ayes c. Second Reading of Ordinance No. 1062 Preliminary Approval of a Project This project is for the Zayre Building project of Kraus-Anderson who are seeking industrial development revenue bonds. Motion by Norberg to table this matter until the next regular Council meeting. Motion dies for lack of a second. Motion by Petkoff, second by Hovland to waive the reading of the ordinance there being ample copies available to the public. Roll call: Ali ayes ORDINANCE NO. 1062 BEING AN ORDINANCE GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, REFERRING THE PROPOSAL TO THE MINNESOTA ENERGY AND ECONOMIC DEVELOPMENT AUTHORITY 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: 1.1 The welfare of the State of Minnesota requires active promotion, attraction, encourage- ment and development of economically sound industry and commerce through govenmental acts to prevent, so far as possible, emergence of blighted lands and areas of chronic unemploy- ment, 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. 1.2 Technological change has caused a shift to a significant degree in the area of op- portunity 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 pur- poses of industry, commerce and tourism will deprive the City and the State of the economic and human resources needed as a base for providing governmental services and facilities for the remaining population. 1.3 The increase in the amount and the cost of governmental services requires the need for more than intensive development and use of land to provide and adequate tax base to finance these costs. 1.4 A representative of Kraus-Anderson, Inc. {hereinafter the "Applicant"), has advised the City Council (the "Council") that it desires to acquire land and remodel an existing build- lng For use as a s~opp[ng center facility {hereinafter referred to as the "Project"). Regular Council Meeting . October 2q, 1983 page 3' 1.5 The existence of the Project in the City will contribute to more Intensive development use of land to increase the tax base of the City and overlapplng taxing authorities and ntain and provide for an increase in opportunities for employment for residents of the City, including economically disadvantaged or unemployed individuals. 1.6 The City has been advised that conventional, commercial financing 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 slgnlficantly reduced, but that with the aid of municipal financing, and Its resulting low 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 them and their discussions with representatives of area finan- cial institutions and potential buyers of tax-exempt bonds, industrlal 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 qYq, to Issue. Its revenue bonds to finance the cost, in whole or in part, of the acquisition, construction, reconstruction improvement or extension of capital projects consisting of properties used and useful In connection with a revenue producing enterprise, such as that of the Appliaant, and the is- suance of such bonds by the City would be a substantial inducement to the Applicant to con- struct 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 pro- visions of Chapter 474 to finance the Project of the Applicant at a cost presently estimated t to exceed $4,740,000. 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 Minnesota Energy and Economlc Development Authority and to the mutual agre- ement of this body, the Applicant and the initial purchasers of the bonds as to the detalls of the bond issue and provisions for their payment. In all events, it ls understood, however, that the bonds of the City shall not constitute a charge, lien or encumbrance legal or equit- ble 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 Minnesota 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 Minn- sota Energy and Economic Development Authority for approval of the Project. The Mayor. Clerk. Treasurer and other officers, employees and agents of the City are hereby authorized to pro- vide the Minnesota Energy and Economic Development Authority with any prelimlnary info- rmation needed for this purpose, and the City Attorney ls authorized to initiate and assist in the preparation of such documents as may be appropriate to the Project, if it is approved by the Minnesota Energy and Economic Development Authority. 5. The law firm of Holmes S 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-Treasurer, City Attorney, and other officers, employees and agents of the City are hereby authorized to assist Bond Counsel in the pre- 'ation of such documents. Regular Council Meeting October 24, 1983 page 4 6. In accordance with Minnesota Statutes, Section 474.01, Subdivision Il, the City Manager and other officers, employees and agents of the City are hereby authorized and directed to encourage the Applicant to provide employment opportunities to economically disadvantaged or unemployed lndivlduals. Such individuals may be identified by such mechanisms as are ava- ilable to the City, including a first source agreement in which the Applicant agrees to use a designated State of Minnesota employment office as a first source for employment, recruit- ment, referral, and placement. 7. The City shal] have the right, in its sole descretlon, to withdraw from participation, and accordingly, not issue its revenue bonds for the Project, should the City at any time prior to the issuance thereof determine that It is in the best interest of the City not to issue its revenue bonds or should the parties to the transaction be unable to reach agre- ement as to the terms and conditions of any of the documents required for the transaction. The decision of the City Council with respect to any of the aforementioned matters shall be incontestable. 8. 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: October ll, 1983 October 24, 1983 October 24, 1983 Offered By: Petkoff Seconded By: Norberg Roll Call: Ali ayes Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary d. First Reading of Ordinance No. 1063 Compact Parking Spaces This ordinance addressed situations where a vehicle wider than 68 inches is parked in a parking space designated for compact vehicles as well as require an owner of a )or to restrict parking in compact parking spaces to cars not wider than 68 inches. Mayor Naw- rocki inquired if owners of compact cars parked in large car parking spaces will be cited and was advised that they would not. Motion by Norberg, second by Petkoff to defer further consideration of this ordinance in- definitely. Roll call: Petkoff, Norberg--aye Hovland, Nawrocki--nay Motion fails Motion by Petkoff, second by Hovland to waive the reading of the ordinance there being ample copies available to the public. Roll ca)l: Ail ayes ORDINANCE NO. 1063 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO COMPACT PARKING SPACES The City Council of the City of Columbia Heights does ordain: Section 1: Section 7.205(15) 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 park or stop a vehicle which is wider than at its widest point in any designated compact car parking space within the City". Section 2: Section 7.205(16) of Ordinance 853, City Code of 1977, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to-wit: "No person, firm or corporation owning or having'a superior possessory interest in a parking lot containing designated compact parking spaces shall allow or Regular Council Meeting ..October 24, 1983 page $ permit any vehicle which Is wider than 68 Inches at its widest point to be parked within any designated compact car parking space within the City. The existence of two or more vehlcles remaining parked in violation of Section 7.205(15) of this Code for a period of more than two hours shall be prima facla evidence that the person, firm or corporation owning or having the superior.possessory interest in such lot Is allowing or permitting such activity in violation of this section. In addition to the penalltles pre- prescribed for misdemeanor vlolations by this Code, the City may take such action as it deems appropriate in law or equity to enforce the owner's res- ponsibility to enforce the proper use of compact parking spaces. Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: October 24, 1983 The Second Reading of Ordinance No. 1063 is scheduled for November 14, 1983. e. First Reading of Ordinance No. 1064 Pertaining to Expiration of Plat and Lot Split Approval Motion by Petkoff, second by Norberg to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 1064 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO EXPIRATION OF PLAT AND LOT SPLIT APPROVAL City Council of the City of Columbia Heights does ordain: Section 1: Section 9.408(1) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to-wit: ~Any plat given final plat approval by the Council shall become invalid if the said plat is not filed with the County Recorder within one (1) year of the action of the Council giving final plat approval. All plats shall bear the language immediately beneath the place indicating the approval of the City Council, ~Such approval shall lapse unless this plat is filed with the County Recorder before the~day of , 19 The City Clerk shall insert in the said blank a date which is exactly one year later than the date of the Council approval. Section 2: Section 9.408(2) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to-wit: Any lot split given approva] under Section 9.407 shall become Invalid If the resolution, motion or other Council action approving the said lot split is not filed with the County Auditor within one (1) year of the date of the Council action. Each Councll action approving a lot split shall contain a pro- vision indicating that the approval of the lot split shall lapse exactly one (1) year after the said date of approval. ction 3: Section 9.408(3) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to-wit: All plat and lot split approvals granted by the Councll before December 15, 1983 shall expire on December 31, 1984, unless the resolution, motion, or other Regular Council Meeting October 24, 1983 page 6 action of the Council approving the plat or lot spilt approval shall have been filed in accordance with Section 9.408(1) or Sectlon 9.408(2) on or before December 31, 1984. Section 4: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: October 24, 1983 The Second Reading of Ordinance No. 1064 is scheduled for November 14, 1983. f. First Reading of Ordinance No. 1065 Prohibiting Through Traffic in Alleys Some members of the Council expressed a concern with alleys being posted for this prohi- bition. Motion by Norberg, second by Hovland to table this reading until later in the meeting pend- ing suggested language of the City Attorney. The City Attorney made suggestions for changing the ordinance to accommodate traffic that is passing through alleys that are not posted. Motion by Norberg, second by Hovland to waive the reading of the ordinance Including the language added by the City Attorney, there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 1065 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PROHIBITING THROUGH TRAFFIC IN ALLEYS The City Council of the City of Columbia Heights does ordain: Section 1: Section 7.204(11) 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 a motor vehicle on any public alley from one public street to another public street without parking the motor vehicle before exiting from the said public alley or without leaving the said alleyway before existing onto a public street. This prohibition shall apply only to alleys posted "No Thru Traffic"." Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: October 24, 1983 The Second Reading of Ordinance No. 1065 is scheduled for November 14, 1983. g. Resolution 83-53 Fire Fighters Labor Agreement Motion by Norberg, second by Hovland to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION 83-53 BEING A RESOLUTION REGARDING LABOR AGREEMENT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL NO. 1216 BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights that: WHEREAS, negotiations have proceeded between the International Association of Fire Fighters, Local No. 1216, representing Fire Fighters of the City's Fire Department, and the City's Regular Council Meeting ;October 2q, 1983 page 7 m or consultant and management bargaining team, and said negotiations have resulted in a ually acceptable contract, for the calendar years 1983 and 1984; and WHEREAS, a copy of said contract, is available for inspection at the office of the City Clerk and is made part hereof by reference, NOW~ THEREFORE, BE IT RESOLVED that the contract .agreement as negotiated by and are hereby established as the salary and fringe benefit program for calendar years 1983 and 1984 for Fire Fighters and Captains of the Columbia Heights' Fire Department, with exception of the 1984 wage schedule, and the 1984 rate for call-outs, which will be reopened and nego- tiated by the parties for calendar year 1984. BE I.T FURTHER RESOLVED that the readi.ng in full of the actual contract be~ and it is hereby, waived. Passed this 24th day of October, 1983. Offered by: Seconded by: Roll ca11: Hovland Petkoff Hovland, Petkoff~ Nawrocki--aye Jo-Anne Student, Council Secretary Norberg--abstain ...... Bruce G. Nawrocki~ Mayor h. Resolution 83-54 Hennepin County Joint Purchasing Agreement :ion by Petkoff, second by. Hovland to waive the reading of the resolution there being ~le copies available to the public, Roll call: All ayes RESOLUTtON NO. 83-54 AUTHORIZING AGREEMENT WITH HENNEPIN COUNTY RELATIVE TO JOINT PURCHASING WHEREAS, the City of Columbia Heights purchases'supplies and equipment regularly from time to time; and, WHEREAS, much time is spent in preparing specifications, gathering and investigating prices, for formal and informal bidding; and, WHEREAS, better prices can probably be obtained by purchasi.ng in larger quanti, ties;'and, WHEREAS, joint purchasing makes available broader based purchasing power; and, WHEREAS, a joint purchasing program is .available to the City of Columbia Heights with Hen- nepin County; NOW, THEREFORE, BE iT RESOLVED that the City Manager w111 designate staff person to meet with the Joint Purchasing Committee as such meetings occur. BE IT FURTHER RESOLVED that the City of Columbia Heights' Mayor and City Manager are hereby authorized and directed to execute the cooperative purchasing agreement with Hennepin County, a copy of which is on file in the office of the City.Clerk. ~ssed this 24th day of October, 1983. Regular Council Meeting October 24, 1983 page 8 Offered by: Seconded by: Roll call: Petkoff Hovland Hovland, Petkoff, Nawrocki--aye Norberg nay Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary i. Resolution 83-55 Establishing Business License Fees for 1984 Motion by Norberg, second by Hovland to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes Motion to amend by Petkoff, second by Hovland to change the fee for club liquor licenses from $500 to $200. Roll call on amendment: Hovland, Petkoff, Nawrocki--aye Norberg--nay Motion to amend by Norberg, second by Petkoff to change the fee for courtesy benches from $15 to $25. Roll call on amendment: all ayes RESOLUTION 83-55 ESTABLISHING 1984 BUSINESS LICENSE FEES WHEREAS, Ordinance No. 853, City Code of 1977, pertaining to commercial licensing regulations provides for the establishing of annual license fees; and, WHEREAS, the City has participated in a survey of metropolitan municipalities regarding business license fees charged by other communities; and, WHEREAS, the City is attempting to maintain business licenses which are comparable; and, WHEREAS, the City annually reviews its business fee schedule; NOW, THEREFORE, BE IT RESOLVED that the attached proposed license fee schedule be adopted and effective January l, 1984. Passed this 24th day of October, 1983. Offered by: Norberg Seconded by: Hovland Roll call: All ayes Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary j. Resolution 83-56 Special Assessments on Project to be Levied Motion by Norberg, second by Hovland to waive the reading of the resolution there being ample copies available to the public. Roll call: ~11 ayes RESOLUTION 83-56 BEING A RESOLUTION ESTABLISHING AMOUNT OF SPECIAL ASSESSMENT ON PROJECTS TO BE LEVIED WHEREAS, the City Council of the City of Columbia Heights by motion on the 24th day of Oct- ober, 1983 ordered a special assessment hearing to levy the cost of improvements; and, WHEREAS, the following projects will be specially assessed on December 5, 1983, and a por- tion of the costs may be borne by the City, NOW, THEREFORE, BE IT HEREBY RESOLVED, pursuant to Minnesota Statutes 429.O6l, and City Regular Council Meeting -' October 21~, 1983 page 9 de q.103, that the breakdown Is as follows: PROJECT ANOKA CO. STATE AID ASSESSMENT TOTAL 732 Misc. Conc. St.'Repairs 783 Seal Coat ~ 800 Misc. Delinq. Bills Sq8,81q.26 13,q2q.09 $52,18q.81 $110,178.36 q8,31q.09 2,053.23 $158,992.62 !13,922.99 2,053.23 Passed this 2qth day of October, 1983. Offered by: Norberg Seconded by: Hovland Roll call: AI1 ayes Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary k. Resolution 83-57 Subdivision Request This lot split request is being made by Crest View Lutheran Home. Motion by Norberq, second by Hovland to waive the reading of the resolution there being ample copies available to the public. Roll ca11: All ayes RESOLUTION NO. 83-57 SUBDIVISION REQUEST I, Thomas W. Paul, Administrator of Crest View hereby request a split of ~AT 32536 PARCEL 600 KEY PIN 36 30 2q 12 0001 'L'~gally described as: The south 535.00 feet of the north 568.00 feet of the East I/8 of the Northwest Quarter of Section 36, Township 30, Range 2q, Anoka County, Mn. except the west 30.00 feet thereof. Together with that part of the south 535.00 feet of the north 568.00 feet of the Northeast Quarter of Section 36, Township 30, Range 2~, Anoka County, Mn., lying west of the west right of way line of Reservoir Boulevard (the 100.00 foot strip of land as described In Book 18, page 539 on file in the office of the Anoka County Recorder). THE DESCRIPTION HENCEFORTH TO BE: CRESTVlEW PARCEL ~A~ Those parts of Section 36, Township 30, Range 2q, Anoka County, Mn., described as follows: The south 1hO.00 feet of the north 173.00 feet of that part of the Northeast Quarter, lying west of the west right of way line of Reservoir Boulevard (the 100.O0 foot strip of land as described in Book 18, page 539 on file In the office of the Anoka County Recorder) except the west 313.00 feet of said Northeast Quarter. Together with the south 132.70 feet of the north 165.70 feet of the west 313.00 feet of said Northeast Quarter Together with the south 29.30 feet of the north 195.O0 feet of the west 2q2.30 feet of said Northeast Quarter Together with the south 5.15 feet of the north 200.15 feet of the west 217.30 feet of said Northeast Quarter Tlgether with the south 28.00 feet of the north 228.15 feet of the west 191.15 feet of said rtheast Quarter Together with the south 2q.35 feet of the north 252.5 feet of the west 171.00 feet of said Northeast Quarter Together with the south 219.50 feet of the north 252.5 feet of the east 90.00 feet of the Northwest Quarter. Regular Council Meeting October 24, 1983 page 10 CRESTVIEW PARCEL "B" The south 535.00 feet of the north 568.00 feet of the East 1/8 of the Northwest Quarter of Section 36, Township 30, Range 24, Anoka County, Minnesota, except the west 30.00 feet there- of, and except the south 219.50 feet of the north 252.5 feet of the east 90.00 feet of the Northwest Quarter. Together with that part of the south 535.00 feet of the north 568.00 feet of the Northeast Quarter of Section 36, Township 30, Range 24, Anoka County, Minnesota, lying west of the west right of way line of Reservoir Boulevard (the 100,00 foot strip of land as described in Book 18, page 539 on file in the office of the Anoka County Recorder). Except the south 140.O0 feet of the north 173.00 feet of that part of the Northeast Quarter lying west of the west right of way line of Reservoir Boulevard, and east of the west 313.00 feet of said Northeast Quarter. (11-11-83 JLK) And except the south 132.70 feet of the north 165.70 feet of the west 313.00 feet of the Northeast Quarter. And except the south 29.30 feet of the north 195.O0 feet of the west 242.30 feet of said Northeast Quarter. And except the south 5.15 feet of the north 200.15 feet of the west 217.30 feet of said Northeast Quarter. And except the south 28.00 feet of the north 228.15 feet of the west 191.15 feet of said Northeast Quarter. And except the south 24.35 feet of the north 252.5 feet of the west 171.00 feet of said Northeast Quarter. Be it further resolved that special assessments of record in the office of the City of Columbia Heights as of this day, against the above described property, in the amount of $ ...... be divided. Paid. Any pending or future assessments will be levied according to the new split as approved this day. PLANNING & ZONING DEPT. ACTION Crest View Lutheran Home Administrator APPROVED This 4th day of October, 1983 Offered by: Seconded by: Roll call: Nixon Heintz 3 Ayes, 2 Nays LeRoy Goranson Zoning Officer Thomas Paul, Administrator (sig.) Signature of Owner, Notarized 4444 Reservoir Boulevard Col. Hts. Owner's Address 55421 Telephone No. 788-1678 Subscribed and sworn to before me this 23rd day of September, 1983. Bonnie A. Jewett, Notary Public CITY COUNCIL ACTION: PASSED Regular Council Nearing OctoiSer 24, 1983 page 11  ered by: Norberg onded by: Hovland Roll call: All ayes Jo-Anne Student, Council Secretary Bruce G. Nawrocki, Nayor I. Resolution 83-58 Regarding Federal Cable Legislation This resolution was received by the Nayor from the Nayor of Lakewood, Callfornla. The res- olution was passed in opposition to the position taken by the National League of Cities regarding federal cable legislation. Support of the Columbia Heights City Council is being asked by this resolution. Notion by Hovland, second by Petkoff to waive the reading of the resolution there being. ample copies available to the public. Ro11 call: AII ayes RESOLUTION 83-58 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA RE- GARDli4G SUPPORT OF A RESOLUTION OF THE NATIONAL LEAGUE OF CITIES RELATIVE TO FEDERAL CABLE LEGISLATION, LOCAL AUTHORITY AND CABLE SUBSCRIBER PROTECTION WHEREAS, the provision of cable television service has already proven to be a valuable service to thousands of communities across the country and holds great potential to all cities; and, WHEREAS, local governments have had the responsibility for franchising cable television ~stems in their cities for overseeing the implementation of those franchises once awarded; WHEREAS, in most cases, cable television systems will likely enjoy exclusivity within a community and will be the only telecommunications medium with a direct link to the homes of citizens with its facilities using the publlc's right-of-way; and, WHEREAS, the presence of a strong local government role in the overseeing of franchise agreements has ~orked to ensure that contractural obligatlons are carried out and the public interest served; and, WHEREAS, S. 66 was approved by the U.S. Senate and is substantially the same as H.R. 4103, which is pending before the Energy and Commerce Committee of the U.S. House of Represent- atives; and, WHEREAS, the provisions of S. 66 have been specifically opposed by the NLC Transportation and Communications policy committee and the municipal leagues of California, Colorado, Iowa, Maryland, Nichigan, Ninnesota, Nebraska, Ohio, Pennsylvania, Tennessee, Texas and Wyoming; and S. 66 opposition resolutions are pending before additional municipal leagues; and, WHEREAS, S.66 Is in direct conflict with the cable communications provisions of the NLC National Nunicipal Policy, the primary NLC policy document; therefore, modifications must either be made to the existing NLC National Nunicipal Policy statement on cable communi- cations or NLC's traditional policy in favor of local authority over cable franchises should be reaffirmed via this---or other similarly formulated--resolution; and, EAS: NLC's continued support of S. 66 ~ould Isolate the League from its customary public interest partners on cable leglslation, Including the U.S. Conference of Nayors, the Nat- lonal Federation of Local Cable Programmers, the National Association of Countles and the Cable Television Information Center; and, Regular Council Meeting October 24, 1983 page 12 ~HEREAS, the NLC Board of Directors In July recognized that, '~here are numerous sub- stantive ~oncerns among cities on varlous portions of the compromise Including franchise renewal provisions, buy back procedures and grandfatherlng of existin~ franchises and RFPs"; and ~HEREAS, S.66 will enable cable operators to renege on franchise commitments in terms of services, facilities and equipment; NOV, THEREFORE BE IT RESOLVED, by the Columbla Heights Clty Council that the Natlonal League of Cities, aseembled at the 1983 Congress of Citles in New Orleans~ Louisiana, adopt the following as resolves to be presented to the United States Congress as represents the concerns of the National League of Cities: Section 1. National League of Cities support for U.S. Senate Blll 66 and House of Representatives Bill h103 --- and any other similarly formulated federal cable leglslatlon --- is hereby withdrawn until the following modifications are made: 1.1 That federal cable legislation not limit the option of local governments to regulate the rates charged by cable operators for basic service, should cities belleve rate regulation is in the public Interest. 1.2 That federal cable legislation not llmlt the optlon of 1Dca1 governments to define by negotiation with cable operators the definition of basic service. 1.3 That federal cable legislation provide maximum competition In the frachlse renewal process with no presumption or expectancy of renewal on the part of the cable operator holding the franchise. l.h That federal cable leglslatlon "grandfather" all existing franchises, and their terms and conditions and all franchise processes In which a Request for Proposals has been Issued; and that federal legislation not apply to renegot- iated franchise agreements, signed within six months of enactment. 1.5 That federal cable legislation not provide cable companies with the power to abrogate contractural obligations based on a unilateral assertion by a cable operator of a significant "change In circumstances" in the cost, marketability, or any cable operator-controlled condition affecting the availablllty of any cable service, faclllty and equipment. 1.6 That federal cable leglslatlon not limit the ablllty of 1Dca1 governments to mandate public, educatlonal, government, and leased access to cable television. 1.7 That federal legislation protect cities from antitrust llabllity for com- pliance wlth federal law. 1.8 That federal legislation limiting franchise fees not apply to fees, charges and taxes charged to a cable operator as part of a larger class, for example~ utility user taxes. Section 2. That Congress is urged to closely examine the potential of federal legislation in the areas of mlnlmum technlcal standards, minimum cross owner- ship provisions, corruption of franchising processes, minimum consumer pro- tection safeguards, minimum third-party access standards and minimum standards for Interconnectlon.' RegUlar Counc11Meeltng ~ctob~r 2q, 1983 page 13 Section 3. That in working with Congress in thew hole area of cable conm~nic- ations legislation, the National League of Citles shall be guided by the prin- clple of preserving existlng munlclpal authority In the cable con~unications field, whlch has greatly benefited the cable televlslon Industry, the cities and the ngtlon. ~assed this 2qth day of October, 1983. Offered by: Seconded by: Roll call: Nawrocki Petkoff '.- Hovland, Petkoff, Nawrockl--aye Jo-Anne Student, Council Secretary Norberg--nay Hentges--absent Bruce G. Nawrocki,'M~fl:~r Communications a. Planning and Zoning Co~nission I. Nelson Elementary School Property This item is In regard to preliminary plan approval for the proposal submitted by a developer, Jake Cadwallader, for the Nelson School property. Mr. Cadwallader contacted the City Manager on October 2q, 1983 and requested that this matter be contlnued until after the end of the year. Motion by Norberg, second by Petkoff to table this matter untll the regularly scheduled Councll meeting on January 23, 198q. Roll call: AII ayes 2eKraus'Anderson Appeal of Conditions Regarding Site Plan Approval Kraus-Anderson Is proposing the development of the Zayre proper~y on &qth and Central. The Planning and Zoning Commlsslon had required the replacement of sldewa'lk along Central Ave- nue as well other Items before they would recommend approval Of the site plan. Kraus- And- erson is' asking that the City Install the sldewalks on an assessment basis at a future date. Councllman Norberg stated his reason for supporting a denlal of this appeal is that the im- pact this installation would have on the P.I.R. Fund would not be known as well as not'being able to know the results of the Assessment Hearing which is yet to be held. . Motion by Hovland, second by Norberg to deny the appeal. The appeal request was withdrawn by Kraus-Anderson and no roll call was taken on the motion. 3.-Crest'~iew L~thera~'Home Lot split anJ Request fo~'Variances The request for the variances are dependent on the lotsplit. The lotsplit was taken care of with resolution No. 83-57. Motion by Hovland, second by Petkoff to grant a 7' setback variance on the north side of the existing building, a 10' setback variance on the northwest corner of the existing building near the stairway, and a 10' setback variance on the southeast corner of the proposed build- ing where it is attached to the existing building. Roll call: All ayes Tom Paul, Crest View's Administrator, showed the Council the artist's drawing for the ad- ditional building which will have 75 units. The City Manager noted that there was no area designated for future expansion of the parking area if it was so designated by the City Council. Tom Paul stated that this need was still being worked on for proper language bet- ween the legal counsel for Crest View and the City Attorney and that their legal counsel was hesitant to have the final need determined by the City Council. Ron Kalina, City At- rney, said that he had attempted to contact Crest View's legal counsel twice and had response. It was determined that an agreement for future parking needs must be brought to the City Council before a building permit will be issued. Tom Paul acknowledged that this would be done and so stated this to the City Council. The City Attorney said it is up to Crest View's legal counsel to contact him regarding this matter. ~ Regular Council Meeting October 24, 1983 page 14 4. Greif Brothers Manufacturing Variance and Site Plan Approval Motion by Norberg, second by Movland to grant a 16' variance from the required 20' front yard setback along University Avenue service road and a second varlance of 12' from' the requlred 15' sldeyard setback, as recommended by the Planning and Zoning Commlssion to Greif Brothers Manufacturing. Rol1 call: All ayes RECESS: 10:50 RECONVENE: I i: 05 b. Minnesota Water Resources Board A letter was received from the Minnesota Water Resources Board Indicating that cities In- cluded In the Rice Creek Watershed Dlstrlct may submit names of three qualified nominees for appointment to the position of Dlstrlct Manager on the Rice Creek Watershed District Board. Thls was an Informational item. c. Appointments to Boards and Commissions It was noted that there Is a vacancy on the ~clence, Technology and Energy Commission with the resignation of Stephen Karn. ~ d. Petition A petition was received from Dr. Gary Good'and signed by resldents in the area requesting the vacation of an alley from 39th Avenue to Reservolr Boulevard. Motlon by Norberg, second by Hovland that the petitlon be forwarded to the Traffic Con~Isslon. Roll call: All ayes 7' Old and New Business Old Business I. Language as Proposed for Ballot Regard'lng the Serving of Liquor on Sundays Members of the Councll received a copy of the ballot containlng the language as proposed by the City Attorney regarding the serving of liquor on Sunday in the City of Columbia flelghts. The proposed language Is as follows: "Shall the City of Columbla Heights be allowed to license restaurants and hotels to serve alcoholic beverages by the drink on Sundays ?'' Councilman Norberg felt It could be stated more clearly. Motlon by Norberg, second by Petkoff to approve the followlng language for the Sunday liquor ballot in the General Electlon: "Should the City of Columbia Heights be allowed to license Sunday Liquor ?'° The City Attorney advised that this language would not be appropriate in that Ilquor Is not belng llcensed but establishments that would serve It are. Roll call: Norberg--aye Movland, Petkoff, Nawrockl--nay Motion falls Motion by Petkoff, second by Hovland to approve the language as proposed by the Clty Attorney for the Sunday liquor Issue on the ballot for the General Electlon. Ro11 call: Hovland, Petkoff, Nawrockio-aye Norberg--nay b. New Business 1. Flnal Payments a. Project #8300 Miscellaneous Concrete Repalrs and Installations Seal Coat Area Motion by Norberg, second by Petkoff to approve the final payment in the amount of $1,924.12 to Area Cement Company of Woodbury, Minnesota for Project #8300. Roll call: Ail ayes b. Project #8215 Miscellaneous Concrete Pavement Repairs with Joint S Crack Sealing Motion by Norberg, second by Hovland to approve the final payment to Arcon Construction Company, Inc. of Mora, Minnesota in the amount of $74,805.42 for Project #8215. ROll call: AIl ayes Regular Council Meeting October 26, 1983 page 16 0Reports a. Report of the City Manager This report was submitted in written form. b. Report of the City Attorney The City Attorney had nothing to report at this time. 9. Licenses Motion by Petkoff, second by Hovland to approves the licenses as listed upon payment of proper fees. Roll call: All ayes 10. Payment of Bills Motion by Hovland, second by Petkoff to pay the bills as listed out of proper funds. Roll call: All ayes Adjournment , ingle Motion by Petkoff second by Hovland to adjourn the meet ayes BruL?L~. Na~rocki, Mayor Regular Council Meeting OCtoBer 24, 1983 page 15 2. Authorization to Seek Bids for Custodial Service Contract Motion by Norberg, second by Hovland to authorize the City Manager to seek bids for · custodial service contract. Roll call: AIl ayes 3. Establishlng Salary Motion by Hovland, second by Norberg to establlsh $6.70 per hour for the hourly rate for dean McKenna, Account Clerk II (Utilltles) effective October 19, 1983. Roll call: Hovland, Petkoff, Norberg--aye Nawrockl--nay 4. Ratify Action of City Manager Regardlng Change Order Motion by Norberg, second by Hovland to rafify the actions of the City Manager and authorize change order #1 to Bituminous Roadways, Inc, in the amount of $1,610 for M.S.A. Project #1137116-02/ City Project #8002. Roll call: A!1 ayes 5. Award of Bid Regarding Provider Contract for 1984 Shared Ride Program Motion by Norberg, second by Hovland that To~n Taxi .Cgmpany, Inc. bid for the Shared Ride Para-Transit Program contract for calendar year 1984 be accepted in the amount of per passanger carried; and that the Mayor and City Manager be authorlzed to enter into .a contract for same, subject to approval by the State of Minnesota, Department of Tran- sportation; and furthermore, that the Mayor and City Manager be authorlzed to enter Into .· contract with the City of Hilltop to participate In the Shared Ride Program wlth the City of Hilltop assuming responsibility for related costs on a pro-rata basis and subject to concurrence by the Minnesota Department of Transportation. Roll call: Ail ayes 6. Establish Time and Date for Speclal Assessment Hearing Motion by Petkoff, second by Hovland to establlsh December 5, 1983, as a date for the Special Assessment Hearing to be held at 7:30 pm in the City Council Chambers. Roll ¢a11: AII ayes 6a. Establishing Special Meeting and Work"Sesslonon November 7, 1983 Motion by Hovland, second by Petkoff to establish November 7th at 7:30 as the date and time for a Special Meeting for acting on a resolution establishing the amount of project costs to be assessed and the amount of projects costs to be paid by the Clty or other govern- mental unlts; and a work session to review partlculars of projects which will be presented to the Council at the Speclal Assessment Hearlng scheduled for December 5, 1983. Roll call: flovland, Petkoff, Nawrockl-oaye Norberg--nay 7. Schools and Conferences The City Manager had requested the attendance of one person at a Facllltator Training gork- shop being held in December In Clearwater, Florida. The City Hah·gar addressed what this ~orkshop would be offering to the approved Indlvldual and the Importance of the Facilltator to the success of the quality circles program In the Clty. Councilman Norberg cited many sltuatlons he has been Involved with that dealt with quality circles where the tlalning· was much less expensive and closer to our Clt¥. Motion by Norberg, second by Hovland to direct the City Hanager to return to the City Coun- cil with lower cost alternatives for training of quallty circle persons. Roll call: HDV- land, Pe~koff, Norberg--aye Nawrockl--nay 8. Proposed Bus Route on 53rd Avenue Motion by Norberg to refer this matter to the Traffic Commission. Motion dies for lack of a second. Motion by Norberg, second by Petkoff to authorize the Metropolitan Transit Commlsslon to establish a bus route on 53rd Avenue, between Central and Universlty Avenues~ effective December 31, 1983. Roll call: AIl ayes