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HomeMy WebLinkAboutAug 8, 1983OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CiTY COUNCIL REGULAR COUNCIL MEETING AUGUST 8, 1983 The meeting was called to order by Mayo~ Nawrock! at 8:00 pm. 1. Roll Call Hovland, Petkoff, Hentges, Nawrockl--present Norberg--absent 2. Invocation The Invocation was offered by do-Anne Student, Council Secretary. ~. Minutes of Previous Meetings - Motion by Hentges, second by Hovland to approve the elnutes Of the Regular Council Meet- lng of duly 25th; and the Board of Trustees, Volunteer Fire Relief Association of duly 26th as presented in wrltlng and that the reading be dispensed with. Roll call: All ayes 4. Oral Petitions There were no oral petitions. Ordinances and Resolutlons a. Second Reading of Ordinance No. 1046 Amending the City Charter Motion by Hentges, second by Petkoff to waive the reading of the ordinance there belng ample copies available to the publlc. Roll call: All ayes ORDINANCE NO. 10116 BEING AN ORDINANCE AMENDING CHAPTER 3, SECTION 19; CHAPTER 3, SECTION 20, CHAPTER 3, SECTION 23; CHAPTER 5, SECTION 36; CHAPTER 5, SECTION 44; CHAPTER G. SECTION 5G; CHAPTER 6, SECTION 57; CHAPTER 7, SECTION 60; CHAPTER 7, SECTION 61; CHAPTER 7, SECTION 62; CHAPTER 7, SECTION 63; CHAPTER 7, SECTION 64; CHAPTER 7, SECTION 65; CHAPTER 7, SECTION 66; CHAPTER 7, SECTION 68; CHAPTER 7, SECTION 69; CHAPTER 7, SECTION 71; CHAPTER II, SECTION 105 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS. Eve~ o~in~e. O~hoT ~hun ~ezgen~ O~tn~a, ~1 ~e bo ~o that tho ~e~i~ ~, ~ ~ouo ~te, b ~tes u~n ~soage ~ at .3, ut ~o, h~, ~X Illth bbeen ~e ~i~ of ~ contract ~02~ a ~~~ m ~o pti ~ ~e ~ ~ ez~eSa of ~V, ~r~ dolhn. ~l rub ~ ~t ~ ~o ~fioe ~ ~e boa~o ~ ~o m~eT ~de~ ~ ~is ~afler, bfore Sro rt~ ~e ezee~ ~ b moe of morfen~ o~~s or mhall be maende~ ~o ~ea~ am ~ollawa~ Regular Council Fleeting August 8, 1983 page 2 l~ooodu~o on Ordinanooo. ~o ona~tinf ~mrgmn~ o~ln~ofl. ~1 bye d~, ohll elapse b~eon the · ~min on f~Ze ~ ~e o~ce o~ ve~. a~ abel b ~u~mb~ a~ len~ onoe %u ~e o~ficl~ mm~r ~ ~e et~ or ~mte2 ~ off~ci~ ~lbt~ ohall bo onondo~ ~o ~oad u follovsz ohall b~ auo~de~ ~o Teed When Ordinances and Resolution Take Effect. A resolution and an emergency ordinance shall take effect immediately upon its passage or at such later date as is fixed therein. Every other ordinance shall take effect 30 days after passage or at such later date as is fixed therein. Every ordinance and resolution adopted by the voters of the city sha)l take effect immediately upon ~'; adoption. -r at such time as is fixed therein. Regular Council Heeting August 8, 1983 page 3 Section 4 ~Ae~ter 5, Section ~ of the ChaFtor OF the t~tF o~ 0o~ubta pa~er, a~ no oiler o~ ~ ouch p~, o~ ~ o~her p~o~, ~l a~ctton ~th tho ~r~itton ~e~of, ht ~l ~l ~t ~ont ~ttoo ~ tn~rrt~ ~ ~Me not to ~co~ bn dolhm for ad~eo, o~, ~tnt~, ~ n~a~Me feM. ~ ~oh~n ~ e~on of ~o M~ton ~l ooMtt~to a ~oduo~or. I)~ll be handed to nd u fallout · Irpendi~e by Petit/anon. 'lo mbt of as~ f~ttiative, ~femdua, or ~cal2 o~ttee, no ~r~la~r K a Bizarre p~r, ~ ~ o~er ~ a~ ouch ~r, or ~ other ~on, ~1 acoe~t or offer ~ ma~, yec~ia~ or otho~, for M~lo~ B~or~ ~ ~eotion ~ b ~ oulation ~o~of, ~t ~ oh~l not ~ovont ~e o~ttee ~B ~~ an ~e' not So ~ce~ one h~dr~ dolh~ for legal ~oe, o~, yrlnt~. ~ notates* fo~. ~ ~ohtion ~ ~e ~lm~M of ~ M~ t~on oh~l oont~te a ~,due~or. ~ha~ter 5. Section 44 of tho ~hartor of the L~tY of w~ ~s u foll~ ~e Iofo~u. If ~or *ho hot ~g~ar ~icl~al ele~l~ b ~e~ ~th a ~te of. ~e electo~, ~e ~ m~e ~1 ~e~by ~ ~to o~ration. ~e o~cil ~1 ~e~n ~ooM~er ~e Boule at ito n~t ~ular met~, ~ et~er ~ ~e the oecttoM the~of ~ ~ioh objection ~ ben m~d She hirer ~oo ~e e~l oh~l ~e~tately ~er a election to b held ~ere~ ~t~n not leos ~ ~l~ nor fo~y-ftvo ~yo ~ ~e action ~ ~o o~ ~~ it. If a mJo~ of the voto~ ~t~ ~o~ ~o ~sod ~ ~e m~, bec~e effective; ~t ~ a ~3~fl~ ~ ~o ~to~ Boule, It ~1 ~ ~o ~fe~ ~edlately or ~ ~e ~te ~e~ o~ft~. mh&ll be amended to read as follouw~ The lefe~onduL If' pr~or to the date l~en m~ o~dinamoe takeo effoet· yetition ·~rned by qualified eleetol~ of the edty aqua2 ~n Bnnber to bent~ yet oen~ of the total l~te ·~ the 3AB% ~Ifu~a~ BuntO~l~l oleet~on be f~le~ vith the e~ty e3erk r~luoetZM ~hat an~ o~h BOSe·TO, or an~ part be repe&led or be ouh~/tted to · ~to of the olectolw, b Mid moaou~e oh&Il therel~ be preven$o~ JYcm 8oin4 ~to e~erat~ol. ~ om·oil 8hall thereul~n reconsider the astd Boa~ure mt itu mt ~gular meting, and either ~epeal the eerie, or repeal tho sections thereof to .blah obJeotlon hu been raised by the yetitAoner., or by a~e and no vote reafftzu adherenoe to the Beasure as Imeoed. Xu the latter as~o the ooua~ll shall f]medietely order · Ol~cia~ uunicipal election to b held thereon uithln Rot lees than thirty asr mo~e ttmn forty-~Ave dayw ~Yon the ~otlol OF the oou~cA1 ealltug It. Regular Council Meeting August 8, 1983 page /4 If a mJority of the ~tera v~ttag theresa a~ ~asd ~o the ~e, %t Sh~l act ~c~e effectivel ~t ~ a ~Jo~ of ~e vote~ ~ti~ ~ereoz favor the ~e, diately er ~ ~e date ~ere~ Section 6 ~hapter 6, Section 56 cf the Charter cf the ~tty cf Colunbia Hetghte which ~eade as foil,s: Parchasea and Contractc. The city Ba~qer shall be chief purchasing agent cf the city. Ail l~rchaaem on behalf of the city aim21 be --de, and all contracts let by the city Baaager subject to the approval of the council, vhenever the amount cf much lnLrchaoem er co,tract exceeds $500.00. Ail contracts, bonds and iuotruBenta cf overt kind. to which the city shall be a l~rty shall be signed by the Bayer on behalf of the city a~. well az by the city BAaager, and Shall be executed in the sane cf the city. shall be amended to read az foils; Purchases and Contracts. The city Banager Shall be chief agent of the city. All ~ues ~ ~h~f of ~e ~ ~1 all contracts let ~ the ~ ~er luBJect ~ ~e ap~ov~ of ~e All contracts, bo~s ~ ~~to ~ ~e~ ~ ~ ~ioh ~e be a ~y ~3 ~ oi~ed ~ ~e myer on ~h~f of ~o ~ the ~ ~er, ~ ~1 b ~ocut~ ~ ~e ~o ~ ~o ~. Section 7 Chapter 6, Section 57 cf the Charter of the City of Coluabis ~e~4hts ~h~ch ~ a~ folios; Co~t~te, ~ ~t, ~ ~1 ~e~ of ~ ~ ~ done ~ contract, or of ~e ~~e of ~o~y of ~ ~, ~e~ ~e receive the ap~oval of the ~o~l. ~e~ ~e ~o~t ~clve~ ~ ~re th~ O~e Thcus~ ($~,0~.0~) Dol~, ~le~ ~e C~I Sh~l ~ ~ ~er~e~c~ c~n~e othe~e ~ov~de, the ~ ~er ~1 ~~ for b~ds ~ euch ~er ~ ~ ~ de~at~ ~ ~e o~1. Contrite ~ ~o m~de oh~l b let o~7 ~ ~o C~I u~n ~e ~c~e~at~n ~ ~e ci~ ~ger, ~ Sh~l b let to ~o lowest ~s~iBlo ~dbr. ~e Co~cil my, however, reject ~ ~ ~1 ~do. Iot~ oont~ ~ ~o section shall ~evont the Co~l ~ oontr~t~ ~ fou~fift~ uts for the doi~ of work ~th ~tent~ ~o~osoo, or ~ ~e ~~ of ~atonto~ a~cos. ~flher re~ulat~oM for ~e ~ of ~dm ~ ~e lett~ of oontracto Sh~2 b mdc ~ o~~. shall be amended $~ read as fcllou~; Contracte, Row Let. If the york to be done or property of az~ kind to be purchased ia estinatod .to exceed $10,000.00 tho city shall advertise for sealed bids ~u ouch Banner as Ba2 be doaignated by the city oouneil. Oo~- tracts of this Bag~it~de shall be lot only by tbs city council ~,~ shalX fo to the loves% rusponsi~le k~d~er. The edty council Bay elect to reject a2~ and all bids. If the amount o~ the oo~traot ts eottnated 40 exceed $~,000.00 bus ~ot --coed $~0,000.00 ~he oontrac~ Bay be Bade either ~on sealed bids or by ~irec~ negotiation, b~ ~bt&lnAn~ $uu or Bore written quotation~ cmnplying with the requirenente of competitive bidding. If the amount of the contract ia estimated to be 8~,000.00 or leas the contract Bay be Bade either upon quotation or in the open Barker by discretion of the city council; but, so far az practicable, shall be bed upon at 1o~,~?. two written quotations. Regular Councll Neeting August 8, 1983 ~od of at ~e~t ~e ~ar ~ter ~i~t. Iot~ ~at~ ~ ~ ~ with a ~tented ~o~aa or ~ ~ui~ a ~t~t~ ~~. ~~ rqulatioM for ~ ~e ~da ~ bt~ of ~nir. to ~1 b Mo ~ · hall be an·haled to ~ead aa fellm, ~axatio=. W-cept u provided la thio oharter, the foaerel lave of the · tare relating to tax·tie· shall a~pl7 In thio ~lqF. Section 9 Chapter 7, ~ection 61 of the ~harter of the ~Aty of ~ol~la lepta Joa~ of Bqualiaatioa. The oouacil oh&Il eonotltute · hoa~d of ·quail- · ·eton an~ ·hall &unaall2 meet aa euch ia the uoual ~laoe for holding ooun- oZI uoet~ngm at · t~e eot by the oou~tl to equaliee aaeeemnt· 8ooo~d~ng to law. Se~tton 10 ~hapter 7, Section 62 of the t~arter of the L~Lt7 of G01GBbia lei4ht~ vl~ch reade aa rollm~ l~:e~mtio~ of Ge Azumal ~d~t. The mnqer el~l prepare the eotJJ~te~ for the aumal bud&~t. The of oxpenditUrll IhL~l be irrqed for e4ch dol~rt~ent or di~eion of oity trader tho relieving heldoz((1) 0rdi~ar7 exl~GBoe (rot Bainteaance, and repairo)j and 2) Capital outlays (for new eon·itu·ti·n, new equipnent, and all ~uproveaento of · leering oh·racier). OrdAnax2 expenoee aba~2 be sab~vAded ~utos (a) SalerAeo, with · 3ABe of all · alaried offl~uu an~ l~_eitiono, with the aaluw2 al/·vano· and telegraph, exp~oo ~a~eo, ~ other ~o At~ (d) ~u~ ~ ~~, with onffAe~ det~ to.b ~y ~0~o4. deer··os s~l b cbar~ ~u. ~ ~b2 oo~ Oh~X b ~de4 ~e *we c~lete~ ~ ~u~ a~, u ~r n ~,.ibb, ~or ~e ~t ~ar. ~tocal pa~, ~ tho ~to oolb~ ~ ~e moolb~ t~,~er ~ ~, mo ~omt~n u ~r u paatbb for ~e ~m~al ~ar, ~ ~ estate ~ ~m m~mm for ~e The et·tenant of revenues for each Tear ·hall apocli~ the foil·wing 1temo~ Bm derived ~ro~ (a) ti-at,on, (b) rem, (o) r~uoo, (d) t~te~t, (e) B~eoellaneoue, not ~ncluded ~u the forqoing, (r) ~eo ~ Bnt~, (f) ' o~.~tion of ~e ~b~o ut~itLM, (h) op~t~ ~Mo~to. ~ (1) ~aa of bo~, ~ other o~lation. Regular Councll Heeting August 8, 1983 page 6 0uoh astSaateo shall bo Lu't~paw~ttlnf, and ~o~ ~ ~ at 3out ten oo~L~, one, rot ~b ~z ~ b ~~, one for b oL~ ~qer, one for ~e ~ ~, ~ ~oe It but ~ b the o~c~l n~ 1~0 tq~tr aon~My eoot~ ~ Au~o~, ~ ~1 b ~e pu~lto. ~e ~i~ ~qer my ou~i~ ~th ~e ~t~tu mu~ a~a~en~ or o~a~en~s ~ he m2 de~ necesn~, ~ d~ ~e *~ee 2ea~ ~der ~le ~afler he ~1 b au~flsed ~ ~e~re~ ~e ei~'o ~n~ea ~h ~oe of ~e Vilhge ~ Colubia se~a ~ ~ b ~eaaible ~ shall bo ·handed to road as rolloeoz FTepamtlon of tho Dudfet. The Tear a~ ~e o~ ~ac~ Tear, omp~M the ci~ ~nqer ~1 ~eoen~ ~e ~d~t ~o~ ~th a My h~l~flt the ~~t foa~ of e~la~ stat·onto . ~e ~ ~er ~1 deb eoeon~. Section 11 ~hapter ?, Section $~ of the Charter of the ~t~y of ~olunbia le~hts which reads aa follovs~ Passage of the Dudfot. The bedfet ah&Il be the principal tte~ of business at the rqular aontlLly BoetZuf Of the OOU~tl August, and the council shall hold adjourned Boet~e rrm S~BO tO tABo until all the oatiuataa have been oonoidored. · -' The motif-abel be os eon* ducted aa to f~vo interested oit~teno · roaaoz~lo aaount of t~UO ~U ~h~oh to be heard, and an oppartuni~y to oak questions as m~y eom Pertinent ~o then. The budfot set,nates shall be ~oad ~u tull0 and tho ot~ man~or shall o~plain the w&rlous 4te~s thereof as ru~ly as Bay be boned nooolasz~ by tho oounctl. Tho ann~al budfet fln&~l~ 8froed u~on Sha~l be · resoleo tlon lettinf forth In detail the staplers f~nanc~al ~roloot of the the onou~n~ f~ecal 3~ar. It Shall ~d~cate tho mma to be ru~oed and what eources, and the luna to bo Ipent and for ehat F~rpoaee ·coo~nf to the plan tndicato~ ~n eect~on 6~. The total gun &~proprtated Shall be ~Oll than the total est,·ted royen~e by · cafe safran. The oounc~l Sh~l ado~t ~he budfet resolution not later th&u the J·t d&y Lu October. ?usage of the Dudgot. After presentation of the Im~get, the so. nail ua~ hold Meti~o rrm ~e ~ t~e ~ oo~or ~e ut~t~ oont~ the~. ~or ~ ~o~tlon ~ ~e ~t ~e o~1 ~l des~ leoti~ n I ~C hoa~ It ~lch ~to~t~ ~t~oM a~ ohall oo~t~to a fl~~ ~lan ~or ~o ~ for Tear. Tho ~t~ ~nd~ros ap~o~at~ ~ ~o ~d~t ~olut~n · o% ~oee~ the est~t~ ~o~em ava~abb ~ uriouo ~m. c~cil o~1 ~o~t ~e ~dpt ~oolution ~r ~e ~~ later ~ ~e l~h ~ of 0ctobr or ~ other bte ~ orate Regular Council Heeting August 8, 1983 page 7 _gection 12 Chapter ?, Section 64 OF the ~harter OF tho t~AtF OF 0o~u~t v~cb .~s u foll~s: ~o~nt of ~o h~t. It ~1 b of tho e~ ~or ~ ~or~ otr~ctly ~o ~oloM of ~o ~t, o~l not approve ~ mrr~ ~n ~o ~ tro~or for ~ ~ooo ~ appropriation ~ ben mdc ~ ~o ~dget, ~r ~r di~re o~ered ~ ~e ~d~t ~le~o ~ere ~ a ~ff~elent b~ance left ~or doductl~ ~e ~t~ ~ot ~i~o ~ ~e outot~i~ ur~*o. ~ officer or ~l~ee of ~e ~ ~1 ~oe o~e~ or ~e ~ ~~o~ ~c~t tar ~e ~oeo ~ ~o~to mt~ed el~ for ~y ~oe not aut~flnd ~ tar ~ mo~t ~ ~oeoo ~ ~e ~o~t therein autho~so~ ~1 b I pno~ ob~get~n u~n-b preen in~r~ ~e nh&Il be aaende~ to ~a~ aa rollovoz Info,caBana of the Budget. The el~ Banqer shall otriotly ~om b ~dpt. Io ~L~res ~ b rode ~esu ~fflotut ~ds ~vo bu ~dgete~ therefor. ~ o~getioM ~~ ~ ~ ~on ~ ~e m~ ~ the c~ for ~ ~ooe not aut~od or ~r ~ no~t for ~ ~ Boney ~iots ~th~ the ~o~r ~d ~1 b a p~o~ ob~get~n u~n b ~e~oa ~~ tho ~~. 8action I~ ~hapter 7, Section 65 of the ~harter of the ~ of ~oluBb/a 3eif~ta ehich ~o as foll~a: ~temt/o~ ~ ~e ~t, ~ter ~e ~d~t ~1 h~e ~en d~y ~opt~, ~e o~l ~1 ~t ~vo ~eer ~ ~c~ue ~e ~o~t. therein ~e~, ~e~er ~ ~e ~eflion ~ n~ Ltm or ~b~N, b~ond ~e est~ted ~e~eo, ~eoo ~e ac~l acolyte ~1 ~oe~ ~ eot~tes, a~ in ~at ~ent not ~o~ ou~ utnl ~ooi~to. r~e~ ~ ~e ~pt ~1 b ~ borne a~o~Aat~ ~tez ~e b~ ~ the faecal Tear for ~e Mvor~ ~oeo mad the~ ~ no ~b~. ~e Ioflfiutiono h the Budget. After the budget shall have boon ado~ted, the council oh&ll not have the ~over ~o ~ncloaeo the nounal to the various ~unde, vhether by £noertion of new irene or beyond the estiuated revenues, unless the actual ~eoei~t, shall exceed eetinates, and in that event not beFond actual ~ooe~ta. The the budget cheil be ap~ro~riated after the bfinning of the the funds ~bero£u desifne$od and BO other. After pteaqe of the budget, the council un7 at an2 tine by rom~lfm, vet** tr,~f,r 0~ frm~ one ~Und *o another fund or transfer nm fro. the equl~, o~Ject to the lilitationo contained ~n the charter. Section M ~Aapter 70 bction 6S of the Charter of the Ci~ of Colashia bights which loads aa ~o~lowsf LOT~ and Collection of hzoe. On or befolo the tot of 0crater each Tear the oouncA1 shall bv7 by molution tho Moa aeceooar2 to met the requirmento of the budget for the enouinf ~Aooal %ear, au%J._~ct to the 3ALttationo of ~ abarter. Regular Council Heetln9 Augus~t 8, 1983 page 8 · q~e ed~ olork shall Octobr, I otatBent of ~1 MoO a~ the ~ont thereof b ~orMd ~th M~er of le~ ~e ~e, nor b~u~ ~o~t ~red to b ~ioed for the o~cl~ ~oamo for l~led, but ~ mae ~e ~pluo ~1 bel~o. ~e henry-five ~11 M Oener~ 8taCo of 191~, ~1 Rot mh&ll be amended to ~oad as relisys** Levy and Collootlon of Taxon. The oi~ olork oh/1 tranoait ~o tho o~t~ au~r ~aZ~, n~ ~tor ~horoof 8~1 b e~oroed ~n aceo~an~ m~er of le~ the me. nor ah~l l~ie~ mh~l ~em~ the ~o~t ~r~ ~ooe ~or ~ich ~e me to lovie~, ~nto ~e ~d ~ ~lch rich M ~h&~ter ?, Section 68 of the ~harter of v~ ~o u ~ol~: ~a~raoMnto, ~ a molut~ou of ~e o~l nd .~e~ op~ the ~pooe for ~ich ~e ~obu~eaent b mdc, ~ ~i~te ~t It is to b ~id ~t Of the ~o~r Bach ouoh order ahall bo la,able to tho order'of tho ~eraon in uhoee favor It Lo drmm. But no ouch order shall be issued m~tL1 thoro ~ Boney raff~cAent to lay the me to the credit of tho ~nd out of uhieh Lt ~m ~o bm laid, tofetbr with all then outetanding o~derm afatnst much ~nd. An~ order or ~eoolution for tho ~a~nent of Boney ~/ohting m~y provimion of thio ooction Ih&Il bo void. and an~ off4oer of the c~ ~Lolatinf an~ provLeLon of thio amotLon shall be ~eroonall~ roepo~o~lo for the amount of much laylO~t, If an~ ouch la~aont 1o Bade oontrar2 to tho prov~m~ono hereof, lo oontract ~oquiring tho Ya~nent of Bone7 IV the Oit~ ahall bo valid unless the lartioular fund out of ~ch tho sane ~o to be jaid is e~omtf~od in ouch oontract. Io slain agai~t the et~ ahall be all,moa mlemm acc~anie~ by m~ lt~lsed hill and ~ucher, lay roll, er time mheet m~g~e~ ~y the ~emponmible effleer mh~ hu ~erm~x~ ~e~e ~f the ~a~tm ia the eame mad wuchem f~r the ccrrectama, maud ream~a~lmam~m ~f the ~laim. mhall be amended to ~ead am £olloems bat of Bills, lev Ila4e. All la,lent of Milo ehall be redo only upon the order of the Bayer and e~t2 Mnqer, duly muthorised I~ the ooun- oil. The payment order shall specify the J'~d frc~ which lay~nt ~ Bade, and that much order aa~ ertl7 be Mid out of the proper fund. Regular Council Heeting August 8, 1983 ~age 9 I0 0~:~ e~ o~c~l r~o ~t ~e sub,oct Mi1 ~ a ~d ~ qa~t ~o ~. ~ o~or or resolution for ~ent of ~n~ ~oht~ ~ ~Ae~n ~ th~o ooctlon oh~l b ~d, ~ ~o off~cor of ~o ~ ~oht~ ~ ~ ~olon of ~ ooct~on ~l b p~on~ m~M~bb for b ~t of Cha~tor 7, Section 69 of tho Charter of tho Olt7 of Colun~io Boighto vhich roads as fellers: ~Ludo 40 bo bpt. Thoro ah&Il bo mintaAned Lu the ciO7 treuury the followinf ~ndo for the oul~port of uh:Loh tho council Bay loYy an &un~l razz (a) A oinking ~md for the ~ur~ooe, or paynent uben due, of ant hondo or a~ other debt of ~e ~ ~ ~ ~y ~e ~te~ot ~ ~1 ~a ~ other o~fatiou of ~o ~. ~e ~1 ~1 ~o~ u ~al ~ ~* w~ provided for. (be A yu~l~c ut:Llit~ fund or rundo for tho aequ~oit~on, construction, oxtontLon, ~Lnton~oe, ~ ~ritLon ~ ~ ~b~o utLllU m~ o~ o~ratod ~ ~e ~, ~c2u~L~ tho ~ont of ~o ~torut ~ ~ ~ or o~er ~eBte~eos ~ieh my b a ~en u~n n~ ~S~. ~e~ ~l b tho o~o of ~ prop~ ~q~ for or md. ~ oo~octXon ~ ~ ~ includi~ ~e ~erMt u~n ~1 ~o or other 4~obt~nuo ~l~ ~ b a lien u~n ou~ ut~i~. ~ o~luo ~ M~ ~d ~ bued for ~e y~e of ~ b~o or ~ificates of ~ebtedneoo ~o~d qa~t M~ ut~i~, ~ for ~e ~ent of su~ ~ or other ~ebt~nMs u~n b~ o~rat~ H~retely, ~ in me bo or ~re ~iltties ~e ~mt~ ticable. (ce A lener&i ~un~ for the oupport of ouch otber funds and rot ibc ya~aent of ouch expenses of the cdty as the council may doen j~opor. Zuto thio fund oha33 be jaid all uoneyo Bet herein provided to bo paid Lute Bar other fund. (de A'l~ruanent ~n~roveuent fun~, into ehich r~n4 oh&il bo paid all loneye ~oceived fro~ the ooze of oortif~oateo of lndobtedneoo ~ordod fOr ~laTnent of ..pe~.a3 a~eoaaento; also &il ~o~e3~ wooo~vod frae tho prooasdo of aoeeem~te lever2 for lou3 ~al~roqtuents. ghoul be eBended to ~e~d as follovo~ l~ande ~o be Ke~t. There ah&il be mintoined Sa the oLaF treuur7 tho relieving fundo for the oulrport of uh:Leh tho council B~y levy taxes, Bell bon~,, :Loeue oertif:Lcatoe of ladobtodneeo, or othenrAoo collect ~evmmeo mo :Lo In'evAded by he, to-r~tz Regular Council Neeting August 8, 1983 page I 0 (a) A de~t seTYioe t~nd £or the purpose of l~yuent ebon bo~a or ~ o~her de~t of ~e ~ ~ ~ ~ ~e ~ter~t i~ other o~latLo~ o~ ~o ~. ~e o~1 ~1 Ze~ ~ sufficient to met ~2 ob~gatLoM qa~Mt ~10 ~d ~.n b, o~e~ ~ovLdod For. (b) A l~ubl:l,e ut&11~ f~nd or funds for tho aequ~s/t/on, oonotruot~on, o~er l~eb~eo. ~oh ~ b a ~en u~n ou~ u~. ~e~ ~1 b pa~ ~to ~io ~ ~1 BOngO derived ~ ~o ~o of ~a ~oMd ~ the ss3e o~ ~ ~o~fly acq~r~ rot or uod ~ oo~e~on ~ ~ ~ coat.crOon, ~to~on, o~rat~on, M~nto~oe ~ ~r ~ n~ ut~, ut~, ~ For the ~o=~ of ~ bo~s oz o~br ~eb~us u~n ~elr *L~a~le. (o) A fener&l ~l~ratiag fund o~er ~d. received fr~ ~ ~e of oo~f~cutu of tb s~e ~ Ce~tf~a~es of lnde~t~us (e} ~ o~ber ~ds ~o o~3 the ~~l~ ~ ~is Section vhtch the c~c~l bh~o, o~eea ~ acco~ each month ~o~ each of the. other o~rat~o~ of tho l~egular Council Neetln9 August 8, 1983 page !1 ' ~hie ~ort MmZ1 IJ~w ~ ~ Ita%i~ ~e ~mh hla~ee at ~e ~gi~ ~ b hit ~ pa~ J a~ ~e alamo; the ~ ~%laym ~or ~ra~ion ~ min%e~, ~ ~ recei~o ~ aouroea ~ ~e ~ ~i~rea ~ pner~ ~eaj b o~er ~ offA~i~m ~ ~e ~e~ ~d ~. ohall ~e asende~ to ~oad as fellowes Aooounte and le~orte. The oity asnafor oh&Il bo ~e ~ uo~t~ m~er ~ uae ~ner~ a~ ofo~~ ~ln~lea ~ ~l ~o~t~ of ~e K~ for ~e ~st par ~A~h ~ ~ ~r ~ ~Lde ~ b 0~2 ~ or ~foreGr~ ~ o~ euhpar. ~e ~l ~o~ ~ ~nclude a e~~ of a~tua2 u~i~rfl ~ aotul ~e~eo ~r ~ f~d, divided ~tc eu~ ~tego~ ~ ~e ~t ~eeeat~ ~ ~e ~ M~or ~or ~o luBJect flocal ~ar, ~ ~th n~ ~tio~ ~omt~n Section ~8 ~h'apter 11, Section 10~ of the Charter of the which ~oade of foJ3oea: ~l~y ~ ~ tar ~o~ool. ~e o~l oh~l ~e ~c ~l~o, er for ou~~ bat, ~r, or ~ water, ~ ~1 e~it tho me ~ ~o ~c~ m~ ut~i~ ouppl~ ~e M.ioe. h~ ~nt~a ~ other ~a~ea ~or ~t, bat, p.er, water ~ other aegises, ~1 b oolbct~ ~r~ other eoM~on, ~eoo ~e e~l ~Adeo o~e o~r shall bo mnde~ ~o ~oad as tallow: · At~ to Pay fez SerrAoee. The o~uncAl Gall ~e a ~uo~bb ~a~, hued on ~e oma of oe~ice, for ~t~ ~e I~oota ~ ~b~o ~d- ~8, or for ou~~ boa~, ~vor, or ~ other ut~i~ off/oeo, ~ ohll ere~i~ ~, me ~ th, ~c~ ~ ut~i~ au~~ ~e Such ~argeo for ~t, heat, ~vor, nter ~ otbr lea/oeo, ~1 b oollecte~ ~ ~e me ~er u ~ other seneca, ~eoo ~e 0~1 ~r~des seas other ~. Section 19: This ordinance shall be in full force and effect from and after 90 days after its passage. First Reading: Second Reading: July 25, 1983 Regular Council Meeting August 8, 1983 page 12 It was noted by Mayor Nawrockl to make any amendments to the City Charter It takes ali five members of the Councll voting unanimously. In the absence of Councilman Norberg a meaningful vote could not be taken on Ordinance No. 1046. Motion by Hentges, second by Petkoff to continue the hearing on Ordlnance No. IOq$ until the next regular Council meeting. Charter Commission Chairman Steve'Mlhalchlck concurred wlth this motion. Roll call: All ayes b. First Reading of Ordinance No. 1050 Developlng Industrial Development Revenue Bonds for Kraus-Anderson Realty Company It was noted that these revenue bonds are being sought by Kraus-Anderson to undertake reno- vations of the existing Zayre building located on Central at 4~th. - Motion by Hentges, second by Hovland to waive the reading of the ordinance'there being ample copies available to the ppblic. Roll call: Ali ayes Many of the details of the project were presented by the HRA Director and by represent- atives of the Kraus-Anderson company. ORDINANCE NO. 1050 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 NEC- ESSARY DOCUMENTS The City of Columbia Heights does ordain: I. It is hereby found, determined and declared as follows: 1.1 The welfare of the State of Minnesota requires active promotion, attraction, encouragement and development of economically sound industry and commerce through governmental acts to prevent, so far as posslble, emergence of bllghted 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 economlc deterioration of such areas to the point where the process can be reversed only by total redevelop- ment through the use of local, state and federal funds derived from taxation, with the attendant necessity of relocating displaced persons and of duplicating publlc 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 Columbla Heights (the "City a large part of the existing Investment of the co~unity and of the state as a whole in educational and public service facllltles will be lost, and the movement of talented, educated personnel of mature age to areas where thelr 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 wlll deprive the City and the State of the economlc 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 cost of governmental services requires the need for more Intensive development and use of land to provi~qn,~cl~q~R tax base to fin- nance these costs. .Regular Council Neetlng August 8, 1983 page 13 1.4. A representative of Kraus-Anderson, Inc. (hereinafter the "AppUe~nt"), has 'advised this City CouncU (the "Councfl") that it desires to acquire land and remodel an existing buildin~ for use as a shoppin~ center faeLlity (hereinafter referred to as the "Project"). 1.$. 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, including economically disadvantaged or unemployed individuals. 1.6. The City has been advised that conventional, commercial financing to pay the eapitai 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 low borrowing cost, the Project Is economically more feasible. 1.*/. 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 flnanciai institutions and potentiai buyers of tax-exempt bends, industriai 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 4*/4, 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 substantiai inducement to the Applicant to construct its facility in the City. 2. On the basis of information ~fven 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 $3,900,000. 3. The ProJee't 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 Economic Development Authority and to the mutual agreement of this body, the Applicant and the inttiai purchasers of the bonds as to the details of the bond issue and provisions for their payment, In 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 eonst/tuta a debt of the City. 4. In accordance with Minnesota Statutes, Section 4'/4.01. Subdivision */a, the Mayor of .the City ts herebY authorized and directed to submit the p .r0p~al for the Project to the Minnesota EnersT 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 provide the Minnesota Energy and Econ6mic Development Authority 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 b~ ~ppropriate to the Project, if it IS approved by the Minnesota Energy and Eeono~u'a Development Authority. Regular Council Meeting August 8, 1983 page 14 5. The law firm of Holmes and Graven, Chartered, is authorized to act as Bond Counsel and to assist in the preparation and ~evlew of necessary documents relatlng to the Pro- ject 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 preparation of such documents. 6. In accordance with Minnesota Statutes, Section ~7a.01, Subdivision II, the Clty Mana- ger and other officers, employees and agents of the City are hereby authorized and dir- ected to encourage the Applicant to provide employment opportunities to economlcally dis- advantaged or unemployed Individuals. Such individuals may be identified by such mech- anisms as are available to the City, including a first source agreement in for employ- ment, recruitment, referral, and placement. 7. The City shall have the right, In its sole discretion, to wlthdraw from participat- Ion, 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 agreement as to the terms and conditions of any of the documents re- quired 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: August 8, 1983 b-I Resolution No. 83-38 Establishing Publlc Hearing Hotion by Hentges, second by Hovland to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION NO. 83-38 RESOLUTION ESTABLISHING THE DATE FOR A PUBLIC HEARING ON A PROPOSAL TO UNDERTAKE AND FINANCE A PROJECT UNDER MINNESOTA STATUTES, CHAPTER ~7~ WHEREAS, the Hinnesota Municipal industrial Development Act, Minnesota Statutes~ Section ~7~.01 et seq.(the "Act~'), authorizes the Issuance of revenue bonds to finance projects; and t~EREAS, the term *'project" is defined In Sectlon 474.02, subdivision la, of the Act to lnclude *~an¥ properties, real and personal, used or useful In connection with a revenue producing enterprise; and I~HEREAS, a representative of Kraus-Anderson, Inc. (the "Developer") has presented this City Council with information concerning a proposed project (the "Project") to be acq- uired and constructed within the City o1' COlumbia Heights (the 'City'S); and WHEREAS, the Developer has rec~eslted the: the City resolved to Issue revenue bonds pur- suant to the Act to finance the Project a~c~ has presented to the City a form of preliminary ordinance Concerning such Issuance ~lth a request that such prellmtnary ordinance, attached hereto as £xhibit A, be considered for adoption by the City Council of the City; and WHEREAS, Section qTq. O1, 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 47~.01, subdlvldl ._.. b, of the Act provides that notice of the time and .Regular Council Meeting August 8, 1983 page 15 and place of such publlc hearing and stating the general nature of the project and an est- Imate of the principal amount of bonds .or other obllgatlons 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 ~HEREAS, Section 474.01, subdivision 7b, of the Act provides that the notice must state that a draft copy of the proposed application (the ~ppllcation") to the Mlnnesota Energy and Economic Development Authority for approval of the Project, together wlth all attach- ments and exhibits, Is on file with the City and available for public Inspection; and ~HEREAS, the Developer has presented to the Clty a rom of public notice, attached hereto as Exhibit B, with a request that the City Council establl'sh 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 Coinci) of the City will conduct a public hearlng on the proposal to undertake and finance the Project on the i2th day of September, 1983. 2. The City Manager Is hereby authorized to cause a publlc 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 City Manager is hereby authorized and directed to have available for public Inspec- tion in the offices of the City a draft copy of the proposed Application, together with all attachments and exhibits thereto. Offered by: Hentges Seconded by: Hovland Roll call: Ali ayes Passed this 8th day of August, 1~83. Bruce G. Nawrockl, Hayor Jo-Anne Student, Councll Secretary c. Resolution 83-33 Authorizing Appllcation for H.H.F.A. This resolution wou~d authorize the HRA to apply for H.H.F.A. Housing Rehabilitation Loan Funds on behalf of the C~ty. Hotion by Hentg~s, second by Hovland to waive the reading of the resolution there being angola copies available to the public. Roll call: All ayes RESOLUTION AUTHOR/ZING 'APPLICATION ~OR H.H.F.A. HOUSING RE#ABILITATION LO,NH FUNDS I~HEREAS, the R~nnesota ~ous(ng Finance Agency, State of Hinnesota, has been authorlzed to undertake a program to provide loans to property c~mers for the purpose of houslng rehabllitatlon; and VHEREAS, the Housing and Redevelopment Authorl,ty of Columbla Helgbts has developed an application as an Administering Entlty for the Minnesot~ Housing Finance Agency Rehab- ilitation Loan Program; and Regular Council Meeting August 8, 1~83 page I~ WHEREAS, the Housing and Redevelopment Authority of Columbla Heights has demonstrated the ability to perform the required actlvitles of the Minnesota Housing Finance Agency Rehabilitation Loan Program; NOW, THEREFORE, BE IT RESOLVED, that the Housing and Redevelopment Authority of Columbia Heights is hereby authorized by the City Council to make application to the Mlnnesota Housing Finance Agency for a grant of funds pursuant to the Rehabilitatlon Loan Program. BE IT FURTHER RESOLVED, that the Housing and Redevelopment Authority is hereby authorized as an entity to be charged with the administration of funds made available through the Minnesota Housing Finance Agency Rehabilitation Loan Program in the County of Anoka/Clty of Col~mbia Heights. Approved August 8, 1983 Offered by: Hentges Seconded by: Hovland Roll call: All ayes Jo-Anne Student, Council Secretary Bruce G. Nawrocki, Mayor d. Resolution No. 83-40 Para-Transit Agreement Motion by Hentges, second by Petkoff to waive the reading of the resolution there be lng ample copies available to the public. Roll call: All ayes RESbLUTION NO. 83-40 RESOLUTION OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, GRANTING AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH THE STATE OF MINNESOTA, DEPARTMENT OF TRANS- PORTATION FOR PARA-TRANSIT ASSISTANCE SERVICE FUNDS WHEREAS, the City of Columbia Heights has been operating a para-transit program called SHARED RIDE since December ], 1~78, with para-transit assistance funds from the Minnesota Department of Transportation; and, WHEREAS, the SHAREO RIDE PROGRAJ~ has demonstrated to be serving a substantial portion of the population and shows a continuing need for this service; and Now, Therefore, BE IT RESOLVED, that the City of :olumbla Heights enter Into an agreement with the State of Minnesota, Department of Transportation. to orovlde a public transportation service in the City of Columbia Heights and certain points' outside the city Ilmits for fiscal year, 1~8~; and, BE IT FURTHER RESOLVED, that the City of Columbia Heights agrees to provide 40 percent of the total operating cost of the [rans[t project from loca! funds, not to exceed $10,000 from the ~ener~t Fun& tn fi~! year I~a; BE IT FURTHER RESOLVEi~, that authorlzat;o~ to execute the aforementioned agreement is ~ereby given to the Mayor and City Manager; and BE IT FURTHER RESOLVED, that the City Manager and Admlnlstratlve Asslstant to the City Manager are hereby authorized to execute requests for reimbursements from the Minnesota Department of Transportation. Passed this 8th day of August, 1983. Regular Council Neetlng -August 8. 1983 page 17 Offered by: Hentges Seconded by: Petkoff R~11 call: All ayes Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secret~ry CERTIFICATION I hereby certify that the aforegolng resolution Is a true and correct copy of the re- solution presented to and adopted by the City Council of the City of Columbla Heights at a duly authorized meeting thereof held on the 8th day of August, 1983 as shown by the minutes of said meeting in my possession. William J. Elrlte, City Clerk Communications a. Planning and Zoning Commission I. Nelson Elementary School Property PUO Preliminary Plan Review This matter had been tabled at an earlier Council meeting pending addltional information. The City Manager addressed previously-expressed concerns and gave an update on Information recently gotten from the City Attorney. The City Attorney stated that the proposal, as presented, did not comply with the required floor space and offered two options to make the proposal acceptable; the first belng a rezonlng and the second would require a revis- ion of the PUD ordinance. Oiscussion continued regarding zoning, mlnimum square footage requirements, maintenance, storing of accessory vehicles (i.e. boats,'motor homes, etc.) and blending. A petition from residents Iivlng near the proposed development was received by the Councll stating those signing thelr opposition to the plan. Motion by Nentges, second by Hovland to accept and place on file a petition in opposltlon to the Nelson School Property proposal whlch was presented to the Councll at the August 8th regular Council meeting. Roll call: All ayes It was noted by the Mayor that the School Oistrlct o~ns the property and the petitioners would be well advised to express their concerns to the School Board. Motion by Hentges, second by Hovland to direct the City Attorney to draft a revision to the PUD ordinance that ~ould address the square footage requirements of condominium units in the City of Columbia Heights which would allow 750 square feet per unit for single bedroom units plus an additional 120 square feet for each additional bedroom. Roll call: Hovland, Petkoff, Hentges--aye Nawrocki--nay Motion by HenCges, second by Hovland to table the request for approval of the Preliminary Plan until the proposed new ordinance becomes effective. Roll call: Hovland, Petkoff, Hentges--aye Nawrocki--nay . 2. Speclal Purpose Fence Ben Luhm, 4732 Stinson Blvd. Mr. Luhm originally requested from the Plannlng and Zoning Commlsslon permisslon to construct a privacy fence but was denied because he did not have a consent form signed by his neighbor on the west. Ne appealed the denial to the Council and requested per~tsslon to build a spec- Ial purpose fence. He was referred back to the Planning and Zoning Coa~Jssion ~here he was again denied since the Coa~[$sion meebers felt his need would be adequately met with a 42a high fence Instead of the five to six foot fence he was considering. Olscusslon continued regarding the purpose Mr. Luhm is stating for the construction of a fence. Motion by Nentges, second by Petkoff to approve the six foot hlgh special purpose fence coostruction at 4732 Srinson Blvd. Roll call: Petkoff, Mantges--aye Hovland, Nawrockl-- nay Motion falls. Motlon by Hovland, second by Petkoff to table thls matter until the next regular Councl! meeting. Roll call: Ail ayes Regular Council Meeting August 8, 1983 page 18 3. Crest View Lutheran Home Site Plan Appeal/Varlances, 444~ Reservoir Blvd, Representatives of Crest View appeared before the Planning and Zoning Con~nlsslon requestlr site plan approval and three variances..?he Commisslon unanimously approved the site.plan subject to addressing those concerns de~alled in a ~emo dated JUly 26, 1983 from the Assl~ ant City Engineer. Council members discussed the conditlons recommended by the Co~isslbn regarding the variances being requested. Parking has been an on-gong problem for the nur- sing home. Motion by Hovland, second by Petkoff to grant the three variances as requested based on the recommendations of the Planning and Zoning Commission; the variances belng as fol- lows: a) One-story variance to permit the constructlon of a four-story str~cture. Pursuant to Section 9.109(q) (2)(1), the height of a structure in a "R-3", Hultlple Famlly District, shall not exceed three stories. b) Seventy-five stall parking variance. Pursuant to Sectlon 9.116(4)(f), at least t~o parking spaces for each dwelling unit is required. c) Fifty-nine stall garage variance. Pursuant to Section 9.116(4)(f), at least one parking space per dwelling shall be enclosed. and including an additional 35 parking spaces to the south side of the existing build- lng. Mayor Nawrocki felt that the addltional 35 parking spaces being required to the exlstlng parking 1or ~ould help alleviate the problem of visitor and employee parking that is pre- sently being experienced. Councilman Hentges felt that the fifty-nine stall garage variance being requested was excessive and that ultimately the residents would be needing additional parking stalls Motion by Hentges to amend the variance for fifty-nine stall garage to twenty-five. Motion.- dies for lack of a second. Roll call on main motion: Hovland, Petkoff, Nawrocki--aye Hentges--nay 4. Kraus-Anderson, Inc. Conditional Use Permit/Site Plan Approval Kraus-Anderson appeared before the Planning and Zoning Commlsslon requesting approval of two conditional use permits and site plan approval to permit construction of two restau- rants at 5030 and 5060 Central, namely, Wendyfs Hamburgers and Rax Roast Beef. The Intent of this request was consideration of two proposals being planned as a slngle development. Representatlves of Kraus-Anderson had met wlth residents from the area prior to the Council meeting to address any concerns they might have. One property owner who lived north of the property requested that the portion of the proposed fence that would abut his property be left out. Mayor Nawrocki had serious concerns regarding the traffic these two establishments would generate in an already heavlly-trafficed area, namely 50th and Central Avenues. He felt that the direct Impact on the neighborhood should be carefully looked at. Councilman Hentges vlewed the building of these two restaurants would have a positive Impact as they ~ould offer employment opportunities as well as pay taxes and would be an Improve-. merit to what is there presently and has been there In the past. Councilman Hentges had concern with Parcel C,of the three parcels of land in this proposal, in that it was large enough in size to be used for something later other than what was being specified ~n the proposal. The developers stated that thls parcel Is planned for employee parking, touncilman Hentges requested that the City Attorney and the City Assessor see that this par~el ls attached to Parcel B so it could not be utlllzed in a manner other than what is being proposed. Hotlon by Hentges, second by Petkoff to grant the Conditlonal Use Permits to Wendy's and to Rax as requested on the follo~[ng co~ditio~s: a) A slgnage package is submitted for each proposal which is in conformance with the City's sign ordinance. b) A lighting plan be submitted for approval by staff for the proposed development. c) The site plan be amended in accordance with a memo dated July 27, 1983 from Tom Madlgan, Assistant City Englneer. ~egular Councll Heating August 8, 1983 page 19 d) The drainage plans conform to the additlonal requirements set forth by City Engineer, Fred Salsbury, at the Council meeting of August 8, 1983. e) The landscaping plan be amended to conform with the minimum planting requirements of the City's ordinance which requlres all trees to be at least 2~ Inches in diameter. f) The fence along the north border adjoining the Hanson property be currently waived ' provided that Wendy's w111 agree to comply wlth the ordinance regarding scree~ing if requested to do so by the City. g) Parcel C be attached to Parcel B for tax purposes and that the owner mlght forthwith be requested that these parcels be ¢omblned. Roll call: Hovland, Petkoff, Hentges--aye Nawrockl--nay 5. dim Ruvelson, 4111 Central Avenue Site Plan Approval/Variance Mr. Ruvelson is proposing to construct a 13,319 square foot offlce/retall building for the southeast corner of 42nd and Central Avenues. The variance he Is requesting is for the required 20-foot green area adjacent to residential propertles on 42nd Avenue. The Planning and Zoning Con~isslon recon~ended approval of the variance request as well as approving the site plan as presented subject to specific conditions. Considerable dis- cussion en~ued regarding the conditions desired in the development. Mr. Ruvelson advised the Council that he has had several discussions with the Engineering Department relative to water flow and what measures can be taken to direct the course of the water in an ceptable fashion. He anticipates this may be a problem and wishes for additlonal discuss- ions with his engineers and City staff to resolve it. Councllman Hentges expressed concern wlth areas west of Central Avenue that have experienced water problems and he addressed traffic flow on 42nd Avenue. Motion by Hentges, second by Hovland to waive the required 20 foot green area due to the shape of the shallovmess of the lot based on the recommendation of the Planning and Zoning Commission and subject to the following condltlons as recommended by the Traffic Commission and the Engineering Department: a) a five foot easement be provided along 42nd Avenue on the north:and south sides b) curb, sidewalk and gutter be Installed on the south side of 42nd Avenue c) retaining wall be constructed on the south side of 42nd Avenue to hold back the slope d) a holdlng pond as recon~nended by the Engineering Department be put in to address the drainage problems e) a specific landscaping plan be submitted .., Upon request of Mayor Nawrockl, the City Attorney advised the Council that Items a through · did not require approval of the Council as they were part of the slte plan. Motion to amend by Nawrockl, second by Petkoff that Items a through · be removed from the motion as those matters are pertinent to the site plan approval which is the respon- slblllty of the Planning and Zoning Commlssion. Roll ¢all on amendment: Hovland, Petkoff, Nawrocki--aye Hentges--nay. ROll call on amended motion : Hovland, Petkoff, Nawrockl--aye Hentges--abstaln b. Traffic Commission 1. Installation of a 3-~ay Stop at 45th and Flilmore Street Motion by Hentges, second by Hovland that Fillmore Street be stopped at 45th Avenue and that a sign lndic~ting ~ Bllnd Intersection 200 Feet" be posted east of Fillmore Street for west bound traffic on 45th Avenue. Roll call: All ayes 2. Removal of Handicapped Parking Sign at 5216 '5th Street Motion by Petkoff, second by Hovland to authorize removal of the ~Handlcapped" parking sign In front of 5216 5th Street due to the fact that it Is no longer needed. Roll call: All ayes 3. Installation ¢~ Handicapped Parking Sign at 615 51st Avenue Motion by Petkoff, second by Hovland to authorize the installation of a ~Handicapped~ parking sign In front of 615 51st Avenue N.E. ROll call: AIl ayes Regular Council Meeting August 8, 1983 page 20 4. Installation of No Parking Signs on Fifth Street Around the Pedestrian Crosswalk of Minneapolls Electric Steel Castings Motion by Hovland, second by Hentges ~o' authorize "No Parking" zones on the east side of Fifth Street from Mill Street south a distance of 136~, and on the west side beglnning 47' south of Lookout Place to 87' south of Lookout Place, the designated location of the pedestrian crosswalk. Roll call: AI1 ayes 5. Office Building, SE Corner of q2nd & Central Avenue Motion by Hentges, second by Hovland to authorize a "No Parking" zone on the north and south side of 42nd Avenue, a distance of 138' east of the Central right-of-way Ilne. Roll call: Hovland, Petkoff, Hentges--aye Nawrocki--nay 6. Parking Lots on West Side of Central Avenue Owners of businesses adjacent to the City parking lots on the west side of Central Avenue have been experiencing problems with cars being parked all day in these lots thereby making it difficult for owners, employees and customers to park. The Publlc Works Director stated he had met with some of the owners to seek their opinions on how these lots could be posted or controlled. Motion by Hovland, second by Hentges to authorize the posting of two-hour maximum parking unless the party has a city permit for the two lots located on the west slde of Central Avenue. Roll call: All ayes 7. Meeting of Council with School Board Thursday, August 11, 1983 at 7:30 is the date and time for the joint meeting of the City Councll and District #13 School Board in the Board Room at the Senior High School. 7' Old and New Business a. Old Business I. Senior Citizen Outreach Program The Council had received a letter from Stephen Klein, Director of Planning and Community Programs in Anoka County, detalllng the County's Senior Citizen Outreach Program for the coming year. Much discussion followed regarding the services presently available and Used in Columbla Heights. Tom Paul, Administrator of Crest View Lutheran Home, offered to work In tandem with Mr. Kle|n to organize information available at Crest View and the Program. The Director of the HRA had been asked to prepare an amendment to our present C.D.B.G. activities to cover the costs of the Program. Motion by Petkoff, second by Hentges to table this matter untll additional Information Is received froa Stephen Klein and Tom Paul. Roll call: AI! ayes b. New Business I. Block Party Request Motion by Hentges, second by Petkoff to authorize a brock party to be held Saturday, September 24, 1983 from Noon until I1:00 pm, with barriers set up to block off the alley which runs 4Otb to alst Avenue, between Madison and Monroe. Roll call: All ayes 2. 1983 Employee Picnic Hotlon by Hovland, second by Petkoff to authorize the expenditure of up to $200 from its Civic Affalrs Budget to help underwrite expenditures of the 1983 Employee Picnic. Councilman flentges felt ali of the Council members should make personal financlal donations to cover the costs of an employee plcnlc. Roll call: Hovland, Petkoff, Nawrockl--aye Hentges--nay 'Regular Council Meeting August 8, 1983 page 21 3. Award of Tree Planting Bid Motion by Hovland, second by Petkoff to award the fall tree planting contract to Fa ir's Garden Center of Osseo, Mn. at the base bid price of $100 per tree from Green Ash, and $100 per tree for Norway, Maple; based upon Iow, formal quotation. Roll call: AIl eyes 4. Final Payment for Signalization at Central and 50th Avenue Motion by Petkoff, second by Hovland to authorlze final payment of $363.42 to Con~lssioner of Transportation, Department of Transportatlontfor slgnallzation at Central end $Oth Avenue. Roll call: All ayes 5. Purchases a. Fire Hose-Fire Department Motion by Hentges, second by Hovland to purchase I,O00 feet of I~" hose from Clarey Safety Equipment, Inc. of Rochester, Mn. in the amount of 90¢ per foot, totaling $900 based upon Iow, formal quotation. Roll call: All ayes b. Personal Safety Gear-Fire Department Motion by Hovland, second by Petkoff to purchase personal safety equlpment from Clarey Safety Equipment, Inc. of Rochester, Mn. in the amount of $1,799.70 based upon Iow, formal quotation. Roll call: All ayes c. Broom Purchase-Park Department Hotion by Petkoff, second by Hovland to purchase a broom to be mounted on the front end of the Cede 380 Tractor from Ruffridge Company of Minneapolls In the amount of $3,690 based upon Iow, lnformal quotation and that the Mayor and City Manager be authorized to enter Into contract for same. Roll call: All ayes d. Turf Shaper-Park Department Hotlon by Hentges, second by Petkoff to purchase a turf shaper demonstrator model from Long Lake Transfer Company in the amount of $5,750 based upon Iow, Informal quotation. Roll call: A11 ayes e. Payroll Checks-Finance Department Motion by Hentges, second by Hovland to purchase 5,000 payroll checks from the Standard Register Company in the amount of $103.39 per thousand, totalling $516.95; and furthermore, that the Council understands this purchase to be a proprietary item. Roll call: Ali ayes 6. Renewal of Mlnnegasco Maintenance Contract f~otion by Hovland, second by Petkoff to authorize the Mayor and City Manager to renew the maintenance contract with Minnegasco for 198q based upon the formal quotation of $2,158 and that the Mayor and City Manager be authorlzed to enter into a contract for same. Roll call: Hovland, Petkoff, Nawrocki--aye Hentges--abstain 7. Authorization to Seek Funding Under the Minnesota Emergency Employment Development Act flotion by Hentges, second by Hovland to authorize the City Manager to seek funding under the Minnesota E~ergency Employment Development Act for various temporary positions In the City of Columb4a Heights; and furthermore, :hat the City Manager be authorized to neg- otiate an agreement wlth the Anoka County dob Training Center to Implement the employment program. Roll call: All ayes 8. Request to Seek Bids for Fire Pumper When the Council Inquired of the Fire Chief the approximate cost of this vehicle he state that fully-equipped It would be $120,000. Chief dohnson stated he felt there ~ould be some savings If some of the Items of equipment for the pumper were purchased separately and was also explorlng the use of some equipment removed off of old rigs. Hoti~,: by Petkoff, second by Hovland to authorize the C'~ty Manager to seek bids for a fire pumper truck as determined by the dolnt Purchasing Committee. Roll call: AIl ayes Regular Council Meeting August 8, 1983 page 22 8. Reports a. Report of the City Manager .. Thls report was presented in writing and many of the Items were discussed. In response to a question previously raised by Councilman Norberg the City Manager said that the improvements for the traffic signals on Highway #q7 were to begin on October 25th and would take about three and one half weeks. b. Report of the City Attorney The City Attorney had nothing to report at this time. 9' Licenses Motion by Hovland, second by Petkoff to approve the Ilcenses as Ilsted upon payment of proper fees. Roll call: All ayes 10. Payment of Bills Motion by Petkoff,~ second by Hovland to pay the bllls as listed out of proper ~unds. Roll call: All ayes Adjournment Motion by Petkoff, second by Hovland to adjourn the meeting at 2:20 am. ayes u~ seCre-~-~y Rc~ call: A11